Your Child Support Terms Can Be Changed
In Illinois, child support is based upon guidelines in our law which establish minimum amounts, considering the number of children in the family. The analysis is primarily based upon the payor’s income. Once determined, child support may be modified if there is a substantial change in circumstances. For example, child support may decrease if a parent loses his job or increase so that a child can benefit from a parent’s promotion or substantial inheritance. Speaking with an experienced family law lawyer can help you determine whether child support modification is possible in your case.
Pekin/Peoria Attorney Helping Modify Child Support
At Butler Giraudo & Meister, P.C., we serve clients in Peoria, Tazewell and Woodford Counties and throughout Central Illinois. We have handled numerous child support modifications due to significant changes in a child’s or parent’s circumstances.
Upward And Downward Child Support Modification
The reality is that a parent cannot pay child support if he or she does not have the means to do so. In situations of job loss or other financial hardship, the payer is entitled to seek suspension, termination or downward modification of child support. The only way to effectively change an obligation to pay child support is by a court order. Failure to obtain the order means that even though, for example, a person has lost his job, his child support continues. A court will not go back in time and decrease the child support obligation.
It is critical that the payor file a written petition requesting a modification or termination of child support immediately upon the financial hardship. The court can only reduce child support payments retroactive to the date of filing.
Child support may also be increased when the paying parent’s income is increased from wages, investments, windfalls or any other means. If the increase to full statutory guideline amount would constitute a windfall to the custodial parent far in excess of the child’s actual needs, the modification may be minimized accordingly, based upon standard of living of the parties.