A common situation that we see in our office is a client who comes in and tells us that they or the other parent have experienced a change in their employment circumstances, and they want to know how this affects their child support obligations. In Illinois, timely child support modification is crucial when such changes occur to ensure the support amount remains fair and manageable.
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Understanding “Substantial Change in Circumstances”
Child support can only be modified upon a Court finding that a “substantial change in circumstances” has occurred on the child support payor/obligor’s circumstances as it relates to their finances. This may mean a loss of a job, or it may mean a pay raise or promotion. The Court has a bit of discretion when deciding of what constitutes a “substantial change in circumstances” under the purview of Section 750 ILCS 5/510 of the Illinois Marriage and Dissolution of Marriage Act.
Identifying Qualifying Changes
Several situations can arise that would constitute a substantial change in circumstances to modify child support. Examples of these situations can include:
- Change in income. A significant increase or decrease in either parent’s income can justify a modification. This would include changes such as a loss of a job, a pay cut, a promotion, a substantial raise, or new employment.
- Changes in parenting time. If there is a significant change in the amount of time a child spends with each parent, this can affect the child support calculations.
- Health issues. If a parent or a child experiences significant health issues that impact earning capacity or increase living costs, this can be considered a substantial change.
Timely Action Matters, and Consequences If Action Is Not Taken Promptly
Delaying requesting a modification in child support can have consequences for the sought-after modification. One primary issue is that any changes in child support are typically only retroactive to the date of filing the modification request. This means that if a parent waits several months or even years to seek a modification after a substantial change in circumstances, the parent may miss out on potential adjustments to their support payment for the time before filing the modification request.
Failing to act promptly can result in financial strain. For the paying parent, this could mean that they are continuing to pay a child support amount that is greater than their current financial situation can sustain. On the other hand, for the parent receiving the child support, it might mean that they are not receiving sufficient support to meet their child’s needs.
A delay to request the modification can also complicate the legal proceedings. As a general rule, it is difficult to collect evidence going back several years. This evidence of changes in circumstances become harder to gather over time, and the legal process may become more contentious, causing an increase in attorney’s fees being required. Additionally, Courts may view a lack of prompt action unfavorably, which could potentially impact the outcome of the modification request.
Modification Procedure
When a parent experiences a substantial change in circumstances, the first thing to do is to file a modification request in a Court. This is important because when the Court ultimately enters a modified child support order, the Court can modify the support retroactively to the date that the modification request was filed. Upon the filing of the modification request, the parents will then exchange information regarding their finances. That information is then used to apply the child support statute to see what the child support obligation should be. After the modified support order is entered, the paying party may have to pay the past-due amount of support, which is commonly referred to as an “arrearage.”
Child Support Modification Example
An example by way of illustration is the case of John and Jane, who divorced many years ago. At the time of the divorce, John was earning a substantial salary, and in turn, the Court had ordered him to pay a significant amount in child support for their children. Recently though, John lost his high-paying job due to the company downsizing, and John is now working a lower-paying job. Despite this, John thought he could continue to pay the original amount of child support from his savings and hoped that his financial situation would improve back to where it had been.
After struggling to make these payments for several months, John realized his financial hardship was not temporary, and he could no longer make the child support payments. He fell behind on his child support, which led to legal troubles and strained relations with Jane and the children.
If John had instead acted promptly when his employment circumstances changed, he could have filed for a modification immediately, potentially reducing this child support obligations to a more financially feasible level. This would have helped him avoid falling into arrears and the accompanying legal, financial, and familial difficulties. A prompt modification would have allowed for a more stable financial arrangement, benefitting both John and the children.
Conclusion: Act Promptly on Substantial Change in Circumstances
The lesson here is to file a motion to modify support promptly once a substantial change in circumstances occurs, whether it is to increase or decrease support. Waiting too long can have an impact on your support obligation.
Acting promptly to modify child support is crucial when there is a substantial change in circumstances. Understanding what qualifies as a substantial change, recognizing the potential consequences of delaying in taking action, and taking timely action can all help ensure that child support obligations remain fair and are reflective of the current realities in each family. By addressing these changes timely, parents can better meet their financial responsibilities and support their child’s well-being.
If you believe there is a substantial change in circumstances that would impact your child support obligation or support that you are receiving, contact us to schedule a consultation with one of our experienced family law attorneys.
