When Should a Receiving Parent Challenge a Child Support Modification?

 Posted on July 31, 2020 in Child Support

Child support payments after a divorce in Illinois are determined via the Income Shares model. This calculation method takes into account the parents’ income and if the parents have a shared parenting arrangement, each parent’s allotted parenting time. Either parent may request a modification, or adjustment, to the child support order, however, these requests are not always granted. Sometimes, a parent may try to change a child support order in such a way that it places an unfair burden on the recipient parent. There are some situations in which it may be best to contest a child support modification request.

How Are Child Support Orders Changed?

Illinois child support orders are entitled to a modification review every three years. During a modification review, the Illinois Department of Health and Family Services (IHFS) evaluates each parent’s financial circumstances and determines whether or not a child support order should be adjusted. Child support orders may also qualify for a modification if there is a “substantial change in circumstances” that necessitates the change or if the current order does not provide for the child’s healthcare needs. If a parent requests a modification but the other parent disagrees, he or she may contest the child support modification.

Reasons for Challenging a Child Support Modification

A parent cannot ask to reduce his or her child support obligation unless there is a valid reason. Job loss or a significant reduction in income is often cited as the justification for requesting such changes. However, if a parent quits his or her job, takes a voluntary pay cut, or chooses to work fewer hours, this is typically not a valid reason to request a lowered child support obligation. If a parent loses his or her job or is laid off involuntarily, he or she must make a good faith effort to find adequate employment. If a parent has the ability to earn a living, he or she cannot simply choose not to work in order to avoid paying child support. It may also be a good idea to contest a child support modification if the paying parent claims that he or she cannot afford the current child support order but is also spending money on extravagant and unnecessary purchases.

Contact a Wheaton Child Support Lawyer

Child support is an important source of income that parents often come to rely on. If you need to modify your existing child support obligation or you want to contest a modification request, The Stogsdill Law Firm, P.C. can help. Our reputable attorneys have a collective 110 years of experience and are prepared to use this extensive legal background to your advantage. Call our office today at 630-462-9500 and schedule a personalized consultation with a skilled DuPage County divorce attorney.

Source:

https://www.illinois.gov/hfs/SiteCollectionDocuments/hfs3588.pdf