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: firstname.lastname@example.org
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