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August 25, 2020

Four Common Issues Will Impact Your Child Support Payments

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Four Common Issues Will Impact Your Child Support Payments

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When parents get a divorce or otherwise part ways in their relationship, child support payments ordered through the courts help to ensure their children’s well-being. Once a child support order in Illinois is put in place, it can be legally enforced. There are harsh penalties for being late in these payments or for failing to pay the amount owed. However, there are situations in which the judge may opt to make modifications to the child support order. The following are four common issues that could reduce the amount of child support you are owed. 

Issues That Could Result in a Child Support Modification

Under the Illinois Statutes, parents are legally required to provide financially for their children, regardless of the nature of their relationship. In cases of divorce, child custody and support will be dealt with as part of these proceedings. If the parents are unmarried, paternity may need to be established first, followed by a separate cause of action regarding child support and parenting plans

In either scenario, the judge will consider various factors in determining the amount of child support that should be paid. In addition to factoring in arrangements made through an Illinois parenting plan, the judge will consider each parent’s income, their other obligations, and the child’s needs. Once a formal child support order is issued, there are harsh penalties for not paying. However, circumstances can change and there are situations in which the paying parent may request a child support modification, reducing the amount they owe. Common situations in which this may occur include: 

  • The other parent loses their job. If the other parent does not have a job, the court will impute a certain amount of income, based on their education and past experience. However, this could justify lowering the amount you currently receive.
  • They suffer losses in income. Minor fluctuations in income are not enough to justify a child support modification. However, if losses are significant, they could reduce the amount they are required to pay.
  • They have additional children. The obligation to provide for an additional child will likely reduce the amount the other parent is required to pay you.
  • Your child spends additional time in the other parent’s home. Parenting plan arrangements are a factor in awarding child support. If your child begins to spend significant amounts of time in the other parent’s home, that parent may request a modification.

Contact Our Chicago Child Support Attorneys

At the Women’s Divorce and Family Law Group, we protect your rights to child support and help ensure you get the maximum amount you are owed. To discuss your case, contact our Chicago child support attorneys and request a consultation today.

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