Can a court change the law on child support?

You will still need to show a “substantial change in circumstances” other than the change in the law for the court to modify your child support. However, if you are able to demonstrate a change in circumstances after July 1, 2017, your child support will be modified in accordance with the new law, as opposed to the law in place at the time the

How are child support laws changing in Illinois?

Depending on the relative incomes of the parents this may cause some parents to pay more and some to pay less in child support than under the previous law. The new law also treats child support differently in “shared parenting” situations, meaning that each parent has the child for at least 146 overnights per year.

What do you need to know about child support modification?

The best evidence is the most recent tax returns and recent pay stubs. After the court orders a specific child support amount, it is often the case that one parent may seek to modify the child support agreement. However, a parent seeking child support modification will need to prove a change of circumstances.

When to go to court for child support?

For many other reasons, going to court to change child support does not seem like a priority to them. BUT if you wait, you will not be able to change your child support order as of the date you lost your job or your income went down.

Can a parent change the amount of child support?

Changing A Child Support Amount. At any time, either parent or the child’s legal guardian can ask for a change (called a “modification”) to increase or decrease the amount of court-ordered child support.

Can a noncustodial parent sue for child support?

If support isn’t paid voluntarily, the parent with custody or someone acting on the child’s behalf (such as the welfare department) can sue the noncustodial parent to obtain a court order setting the amount of child support the noncustodial parent must pay.

What happens to child support when parents separate?

When parents separate, a parent must ask the court to make an order establishing parentage (paternity) and also ask the court to make an order for child support. Child support payments are usually made until children turn 18 (or 19 if they are still in high school full time, living at home, and cannot support themselves).

When to file a motion to modify child support?

The request has to be officially ‘served’ upon the other parent and filed in the Court. If the other parent does not provide the requested information within ten days and the parent requesting the information then files a Motion to Modify the Court can award attorney fees and court costs.