What Warrants a Modification of Child Support Orders in Illinois?

 Posted on September 24,2020 in Family Law

A divorce may require that child support payments continue for years after a married couple separates, and the Illinois Department of Healthcare and Family Services (HFS), Division of Child Support Services (DCSS) has the power to modify child support orders so that they reflect any changes in Illinois law and personal circumstances. Although divorce settlements may require a spouse to pay both spousal support and child support, any modification passed by the DCSS does not apply to spousal support orders. 

Spousal support may also be eligible for modification, but you would have to bring that up with a different department. Navigating the complexities of the Illinois family court system can be challenging, so do not hesitate to reach out to a family law attorney with plenty of experience helping clients modify child support orders.

How to Qualify for Child Support Order Modifications

Depending on whether your child support order is a judicial order or an administrative order, the modification process may differ. Courts have the power to modify judicial orders, and administrative orders can be changed through DCSS. If you make child support payments because of a DCSS order, they will notify you once every three years of your right to pursue modification if your circumstances have changed. To qualify for the modification review process, you must meet one of these conditions:

• Three or more years have passed since your child support order was issued or since your previous modification hearing

• The non-custodial parent’s income changes significantly

• Your existing order does not cover healthcare coverage

• Either the custodial parent, non-custodial parent, or another state issues a written request to DCSS

DCSS staff are not allowed to provide any legal advice to anyone seeking modification of a child support order, but they encourage you to get advice from an attorney. Also, although significant changes in income warrant a child support order modification, a modification does not take effect until the applicable court or agency confirms it. 

Contact an Arlington Heights, IL Family Law Attorney

Divorce orders can be subject to modification over time, so you should seek the best legal counsel you can to ensure that you are always receiving a fair deal. Regardless if you are the paying or the receiving parent, your child support order may be modified if there is a substantial change in circumstances. At A. Traub & Associates, we have extensive experience representing clients in all types of family law cases. To meet an Arlington Heights, IL child support lawyer and develop a better understanding of how we can help you, call us today at 847-749-4182.

Sources:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=6000000&SeqEnd=8300000 

https://www.illinois.gov/hfs/ChildSupport/FormsBrochures/Pages/hfs3588.aspx#:~:text=If%20you%20are%20currently%20receiving,%2D888%2D245%2D1938.