Child support modification under Illinois law
Child support is a basic right for all minor children and, in the event of a divorce, it may be determined in a court of law. Keeping in mind the best interest of the minor child, non-custodial parents may be ordered by a court or arbitrator to pay child support. In many cases, unwed parents may also be asked to pay child support, if paternity has been established or acknowledged according to Illinois law.
The courts may consider various factors in order to determine the amount of child support that the custodial parent and minor child are entitled to. Under Illinois law, the best interest of the minor child is the foremost determinant for child support calculations. The educational costs, cost of living and other factors may also be taken into consideration along with the parents’ income in order to determine child support payments.
In many cases a child support payment agreement may be modified later to adjust to the new changed situation of the biological parents. Illinois law dictates that a child support order may be modified or reviewed in a span of three years. Child support modification may also be initiated in case the needs of the child change or if any special circumstances develop. Furthermore, child support modification may be initiated in case a significant change is observed in the status or income of a non-custodial parent.
In situations like this, a non-custodial parent may feel the need to contact a legal professional. A legal professional may be able to present convincing evidence regarding the change in circumstances of the parents or the child. A change in the non-custodial parent’s income may be reflected in his or her ability to pay child support especially at the prevailing rate. The Child Support department in Illinois may be able to help the non-custodial parent reduce the amount of child support payment.
Source: ChildSupportIllinois.com, “How do I get my support order modified?,” accessed on Oct. 14, 2014