Child Support Modification to Meet Evolving Needs

 Posted on April 09, 2015 in Child Support

Laws in every state around the country require a parent to contribute to the support of his or her child, regardless of the relationship with the other parent. In many cases, a formal order requiring financial child support from one or both parents may be necessary and appropriate. As family situations and the needs of the child change, however, the terms of an existing arrangement may need to be updated. For this reason, Illinois law permits parents to seek modifications of a child support order.

Existing Child Support Orders

An order of child support is entered by the court on the basis of considerations that exist at the time of the proceeding. Illinois law, in addition to providing an income-based guideline for calculating the amount to be paid, requires the court to look at a number of circumstantial factors related to the child’s needs and the needs and resources of each parent. The court is tasked with balancing such factors in such a way that creates a sustainable support order that provides for the child while considering the parents’ financial situation and requirements.

Petitioning to Modify a Child Support Order

A child support order may be able to withstand smaller changes over time, such as the child’s development or cost-of-living wage increases for the parents. However, more significant changes, such as the loss of a job, serious illness, or a sudden increase in the needs of the child, may require that the order be reviewed for modification. The court will generally agree to modify a child support order if either parent can show:

• Substantial changes in circumstance; or
• The necessity for health insurance or other means to be provided to meet the healthcare needs of the child.

The parent currently paying support may also seek a modification or termination of the child support order for a child who has turned 18 years old or graduated high school, whichever occurs last.  Presented with the new circumstantial information, and again, in accordance with the guidelines set forth by law, the court may issue an updated child support order or terminate support requirements.

Qualified Child Support Lawyers

If you are receiving child support under a court-issued order and feel that life changes may qualify you for an increase in support, our skilled and compassionate team can help. Contact an experienced family law attorney in Lombard today. At A. Traub & Associates we are committed to helping parents provide for their children in every possible way.