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How Often Can My Ex Request an Increase in Child Support?

Posted in Family Law on Sunday, March 31st, 2024

Navigating the complexities of child support can be a challenging aspect of post-divorce life for many parents. Some individuals may wonder how often their ex is allowed to request an increase in child support. Illinois law recognizes certain limited circumstances that may allow for child support modifications. At Sabuco Beck, P.C., we understand the importance of having clear, accurate information about your legal rights and obligations. Our goal is to demystify the process under Illinois law, ensuring you are well informed and prepared for any changes that may come your way.

Understanding Child Support Modification in Illinois

Child support is designed to ensure that children’s financial needs are met, even when their parents are no longer together. However, life circumstances change, and so too can the amount of child support required. Under Illinois law, there are specific guidelines that dictate how and when child support can be modified.

Frequency of Modification Requests

In Illinois, there is a standard provision that allows for a review of child support orders every three years. This means that either parent has the right to request a review of the child support amount at this interval. However, this is not the only opportunity for modification.

Exceptions to the Three-Year Rule

There are exceptions to the three-year rule that allow for an earlier request for modification. These exceptions are based on significant changes in circumstances. Examples include:

  • A substantial change in either parent’s income.
  • A significant change in the needs of the child.
  • The custodial parent, non-custodial parent or another state submits a written request for a review, particularly if the existing order did not address healthcare coverage for the child.

These significant changes provide grounds for either parent to request a review and potential modification of the child support order, even if three years have not passed since the last modification.

Determining Child Support Amounts

The determination of child support amounts in Illinois takes into account several factors. The court looks at both parents’ monthly net incomes. It then allocates the financial responsibility for the child based on these incomes and the number of children covered under the child support order.

It’s worth noting that while there are guidelines for calculating child support, disputes can arise over what constitutes net income or whether additional funds should be allocated for specific needs of the child, such as health care, education and extracurricular activities.

Navigating Child Support Modifications

At Sabuco Beck, P.C., we understand that modifications to child support can significantly impact both the child’s well-being and the parents’ financial stability. Whether you’re seeking an increase in child support due to changed circumstances or facing a request for modification from your ex, our experienced attorneys are here to provide the guidance and representation you need.

Our team offers over 80 years of combined experience, focused on family law and dedicated to ensuring that your rights are protected and your children’s needs are met. If you have questions about modifying child support in Illinois or need assistance with any other family law matters, contact us today to schedule a consultation with one of our knowledgeable and compassionate attorneys. Let us help you navigate the complexities of child support modifications, providing peace of mind and a path forward for you and your family.

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