New Year New Child Support Numbers

In Illinois, whether you owe an obligation of support or are receiving support, child support is always modifiable. With the New Year and the receipt of W2’s, 1099’s and year-end pay statements, it is important for all parties, payor and payee alike, to look at whether a child support modification is necessary. Specifically, now is the best time to not only review each party’s income, but also whether there have been any significant changes to parenting time or the needs of your children in 2022. Whether you have had an income increase, decrease or whether you believe your ex has had an increase or decrease, now is a good time to contact an attorney to support you in evaluating the amount of child support you are paying or receiving.

In Illinois, child support can be modifiable at any time provided you can prove that there has been a substantial change in circumstance. Some examples of a substantial change in circumstance include but are not limited to: a change in the parenting time schedule, a substantial change in income by one or both of the parents, the needs of the children, the ages of the children, and significant changes in employment. For example, if you lost your job recently and have had to take a lesser paying job, you may be eligible to receive a decrease in your child support obligation. Similarly, if your ex, to whom you owe a duty of support to, has recently received a higher paying job or a significant raise, you may also be eligible for a decrease in your child support obligation. With that said, it is important that you do not voluntarily put yourself in a position to be unemployed and/or underemployed in order to reduce your child support obligation.

If you have reduced your employment or become unemployed voluntarily, the Court will automatically deny your request for a downward modification, and you may be forced to pay the other party’s fees and costs incurred as a result of your attempted request. On the other hand, if you have recently learned that your ex, who owes you a duty of support recently received a raise or a higher paying job, you may be eligible to petition the court for an increase in child support. Please note that your ex-re-marrying and having the benefit of their new spouse’s income is not grounds for an increase as a spouse’s income is not considered for the purpose of calculating child support.

Regardless of whether you are seeking to increase or decrease your child support, you should consult with an experienced attorney to help you navigate the process. The attorneys at WARD FAMILY LAW, LLC have decades of experience in successfully helping litigants modify their child support. Reach out to Jennifer R. Ward, our Founder, to schedule your initial consultation today: jward@wardfamilylawchicago.com