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North Aurora child support attorney order modification

The state of Illinois believes that both parents have the responsibility to financially support their child, even if a parent does not necessarily have an active relationship with him or her. This is why child support exists. In Illinois, child support is ordered in most divorce cases, but it can also apply to situations where the parents of a child are not married. Child support is determined using a formula and a set of rules that take into consideration the number of children you have, both parents' income, and how much it costs to cover the child’s necessities. Typically, child support orders are entered during the divorce process or if the parents are unmarried when the couple splits. Life is unpredictable, and sometimes circumstances change from what they were when the child support orders were first created. In situations such as this, you may find yourself asking, “Can I change the support order?”

Eligibility for Modification

When a child support order is entered, you are required to pay child support until the child turns 18 or graduates from high school, whichever is later. If you wish to modify the amount of child support you pay each month, you have to meet certain requirements. Before your child support orders can be amended, one of the following must be true:

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Illinois divorce attorney, Illinois family lawyer, Illinois child support lawyer,A common outcome of divorce when you have children and you are their primary caregiver is child support. Many families depend on these support payments each month from the other parent to ensure that the children are fed, clothed and have everything that they need. Once a child support order is entered, it cannot be modified or reviewed for at least three years -- unless there is a significant and substantial change in circumstances. A significant change in the family’s circumstances is actually the most common reason why a child support modification may be granted, although they can also be modified if the child support orders do not address healthcare for the child or if the child support orders deviate from the support guidelines.

What Constitutes a Significant Change in Circumstances?

The Illinois Marriage and Dissolution of Marriage Act has guidelines for almost any issue that may arise during an Illinois divorce. In the section about child support, the Act defines what the courts would consider to be a significant change in circumstances. In Illinois child support modification cases, a significant change in circumstances can include:

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Illinois divorce attorney, Illinois family lawyer, Illinois child support lawyer,So you have gone through all of the steps and jumped through all of the hoops to request and receive child support. But now you have a substantial change in your life, which will require a change in your child’s support. Though it is not impossible to make a modification to the child support orders, it can be a tedious process due to the requirements that need to be met before you can have the modifications granted.

Can I Ask for a Child Support Modification?

Once a child support order is issued, the non-custodial parent must pay child support until the child turns 18 or graduates from high school, whichever is later. Existing child support orders can go through the modification review process if:

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Illinois divorce attorney, Illinois family lawyer, Illinois child support lawyer, Typically in the state of Illinois, when you get divorced and you and your spouse have a child together, one spouse will pay child support to the spouse who has the majority of parenting time allocated to them. The monetary amount that is paid in child support depends on a number of factors that can change depending on your circumstances and sometimes the child support payment needs to be increased or decreased. Navigating child support modifications can be a tricky and lengthy process unless you have the help from an experienced attorney. Factors Used to Determine Child Support Payments

There are a multitude of factors that are used when determining if child support is needed and what the amount will be. These factors include:

  • The needs of the child;
  • The financial resources of the parents;
  • The standard of living the child is used to; and
  • The physical and emotional condition of the child.
Can I Modify My Support Orders?

One child support orders are put into effect, they are not necessarily set in stone. You can petition to have them changed if you can prove that there was a substantial change in circumstances. These types of changes can include:

  • A significant change in income, generally a 10 percent difference;
  • A change in expenses;
  • A change in location;
  • Increase or decrease in health insurance rates; and
  • A need to provide for health care needs of the child.
Steps to Modifying Existing Child Support Orders If you have an existing child support order that you wish to modify, there are certain steps that you must take to achieve the modification. 1. Fill out and file a petition with the circuit court of the county in which you reside. The petition is the formal document that asks the judge to oversee your case. 2. Tell the other parent about the request you have submitted for a modification to the existing support. You should send a copy of the petition to the other parent and then file a certificate of mailing in the court to certify that you have made an attempt to notify the other parent. 3. Once you select or have a hearing date selected for you, you must also mail a copy of the hearing date to the other parent. 4. When you attend your hearing, you should tell the judge:
  • The existing child support amount;
  • Why you think a modification needs to be made;
  • What you think the new child support amount should be.
If the judge grants your request for modification, he or she will sign the Order Modifying Child Support and the Uniform Order of Support, copies of which should be mailed to the other parent if they were not present. Get Help From an Experienced Child Support Modification Attorney

Divorce is stressful and it gets even more so when there are children involved. When your child support orders were created, they may have been fine, but as time goes on, circumstances change and the orders may need to be modified. If you believe that your child support orders should be amended, you should contact a skilled DuPage County child support lawyer to help you with the details. Contact the Law Offices of Matthew M. Williams, P.C. to discuss your case. Call 630-409-8184 to schedule a consultation.

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Illinois divorce attorney, Illinois family lawyer, Illinois child custody lawyer, attorney fees,When you go through a divorce, you may end up with monthly payments that are made to you from your ex for spousal maintenance. If you and your ex had children, you may also have child support payments that your child receives each month. Many times, a person depends on one or both of these payments to maintain their standard of living. If you have existing support orders, your ex is legally required to make these payments and can face severe consequences if they are not made. When Is Failure of Support Committed?

According to the Illinois Non-Support Punishment Act, a person is committing the offense of failure to support when they:

  • Willfully refuse to provide for the support or maintenance of his or her spouse or child, knowing that they need the support, and have the ability to do so;
  • Willfully fails to make a support obligation required under a support order, if the obligation has not been paid in six months, or has more than $5,000 in accrued unpaid support and the person has the ability to provide the support;
  • Leaves the state with the intent to evade a support obligation required under an order for support and the amount owed is more than $10,000; and
  • Willfully fails to pay a support obligation required under an order for support and the obligation has remained unpaid for more than a year, or the amount owed is more than $20,000 and the person is able to provide the support.
Consequences of Failing to Pay Support Illinois has strict laws against failing to pay support if you have the ability to do so. The Non-Support Punishment Act outlines the consequences of not paying support, which can range from a Class A misdemeanor to a Class 4 felony, depending on the specific action taken. Jail time and fines can accompany these charges, along with restitution that the judge orders, which will equal the amount of support owed. In addition to fines and restitution, those who fail to make support payments and are found to have the ability to do so can face driver’s license suspension, wage garnishment, having their tax refunds taken or seizing bank accounts. Seek Help from a DuPage County Support Enforcement Attorney

If you have an ex who is not making the payments that they should be making, you need the help of a skilled and successful Aurora child support enforcement attorney. Family law courts can be confusing and hard to navigate, but you do not have to go through this process alone. The Law Office of Matthew M. Williams, P.C. can help you investigate your ex’s claims of lack of money or income issues to bring them back in line with your family’s needs. You and your child deserve to get the support that you need. Call 630-409-8184 to schedule a consultation.

 

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Posted on in Children of divorce

child support calculations, Illinois family law attorney, child support guidelines, Orders entered for the payment of child support are far from uncommon. In Illinois alone last year, the state facilitated almost 500,000 support cases with payments totaling nearly $290 million. There is little reason to believe this year will be much different.

Illinois statutes require both parents, regardless of their marital status, to assist in providing for their children. Physical, emotional, educational and medical needs of the child are among those that the law expects all parents to help meet.  When the parents are not married, separated or divorced, some sort of support order or arrangement will typically be entered by the court. In such a situations, parents may choose to negotiate an agreement between themselves to present to the court, but absent an agreement, Illinois law specifies a method to calculate the amount of support expected to be paid.

Once a support order has been entered, it becomes enforceable by law and violations are punishable by probation, fines, and/or prison. However, as a family’s situation may evolve over time, the original support order is not always equipped to accommodate change. Instead, it is usually understood that orders may need to be revisited at least periodically or when there is a major life change.

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 Illinois child support laws, Illinois divorce lawyer, Illinois family law attorney,Divorce and child custody disputes are never easy for a family. For the children, it is often hard for them to understand the situation, let alone worry about where they are going to live. For parents, it may be challenging to set aside the emotional distress of the situation and focus on the child’s best interests. Both custodial and non-custodial parents should understand child support laws, which exist to ensure that food, clothing, education, and even healthcare is provided.

Because child custody disputes and support arrangements are always unique cases, there is no one-size-fits-all process for knowing how a case will pan out in court. Based on existing laws and experience from previous cases, an attorney may be able to offer a loose prediction—or at least explain the factors that the court will consider.

Courts in Illinois, according to Child Support Services, base their decisions largely on the number of children under 18 years of age, as well as the income of the non-custodial parent.

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The Law Office of Matthew M. Williams, P.C.

630-409-8184

1444 North Farnsworth Avenue, Suite 307, Aurora, IL 60505

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