Jul 4, 2022

What To Know Before You Request More Child Support in IL

What To Know Before You Request More Child Support in IL

Child support payments are meant to guarantee that even after you and your partner have split up, your child will still receive the care they need. To determine the payments, the court will look at both parties’ incomes. Illinois state law requires that child support payments uphold a child’s standard of living. The usual child support payment is 20 percent of the noncustodial parent’s income, but the court can rule differently on a case-by-case basis.

However, things can change, and you may need to request more child support. Here’s the important things you should know before requesting additional child support in Illinois.

You Can Request It for Various Reasons

People seek child support modifications for all kinds of reasons. You may be considered eligible for a child support modification following:

  • A job loss
  • A change in income
  • A change in your child’s education costs
  • Unexpected medical expenses
  • New needs of the child
  • Incarceration

You may also need to modify payments if you moved to a new area and the living expenses are higher. These instances can become complicated, especially if you’re moving out of state, as each state has its own court system and process for changing a child support order.

It Could Be Temporary

Another important consideration that you need to make when requesting more child support is that you may simply need a one-time payment. Child support is a flexible thing that changes depending on the child’s need, and needs aren’t always static. You can request a significant one-time expenditure for certain needs, such as a medical emergency or the need for school supplies. Permanent child support modifications, on the other hand, happen when there are long-term changes in finances. For example, the custodial parent may sustain an injury that prevents them from working, or the child may be diagnosed with a condition that requires extensive treatment and care.

The Court Determines What “Substantial” Means

A request for a child support modification isn’t guaranteed to be successful. You can file a motion through the court, and from that point forward, the court will determine whether or not the noncustodial parent will need to provide more financial support. The court will also determine if the need for new income is “substantial”; in other words, it’s all up to the court’s discretion. Because of this, you must hire an attorney who understands the system and who can present the best case possible to achieve the best results.

Requesting more child support in Illinois can seem complicated, but it doesn’t have to be. At Schiller DuCanto & Fleck, we can help you get the best results when you need more child support. We have the top child support attorneys in Illinois who understand this complex system and who can get you and your child the support you need.

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