What Is Considered a Substantial Change for Child Support Modification?

A substantial change is not fully defined by law. Still, several cases in Illinois have illuminated what does and does not count as a substantial change. One common example of a substantial change is a change in employment status. Another might be an illness that is keeping you from working. Each of these changes can be considered a substantial change in circumstance.

How Long Ago Must the Substantial Change Be for Child Support to Chnange

All that matters is whether the change is substantial. If you received an order last month and today you learn that your job has been eliminated, then you have a substantial change. If you don’t file for the modification when you lose your job, you will owe the court-ordered amount, even though you are not working. Always file a motion to let the judge know about your change in circumstance. Once the child support is due, the money is owed to the other person whether you can afford it or not. Always be mindful that you have to follow the court’s order until it is changed.

How Far Back Can I Request Child Support?

Typically, the courts will modify child support from the date you file your petition. But under the Parentage Act, there is a statute that allows you to go back to the day the child was born. There are five requirements to meet under the statute to obtain child support back that far, so call us to see if your circumstances qualify for that type of child support.

I Am no Longer Working. Is that a Substantial Change?

It depends on the reason why you are no longer working. Whether the change was voluntary or involuntary can make a difference in your case. If the change was involuntary, such as your employer decided to reduce his workforce, or your job was eliminated in some way, you are more likely to be able to modify your support amount. Sickness can also be considered a substantial change, if it affects your ability to earn an income. Sickness might also be a substantial change if the sickness requires expensive medical care. If the change in employment is voluntary, and you quit your job, or you were fired because of some criminal activity, you may not be able to modify your support. The court will make a finding as to whether your substantial change is allowable depending on the circumstances in your case.

I Got Promoted. Is that a Substantial Change?

Promotions can be a substantial change in circumstances. Financial gains can affect child support in many different ways. For example, if the paying parent has an economic improvement, the support obligation will likely increase. Conversely, the award will likely decrease if the receiving parent has a financial gain.

I Am Now the Custodial Parent. Can I Modify Child Support?

Yes. One factor in the child support calculation concerns the division of parenting time. So, if the division changes, a modification is possible.

My Child Is Sick/Disabled. Can I Request a Modification?

If the child has needs that have changed, and the guideline support award is not sufficient to meet those needs, then a deviation from guidelines can be granted. Deviations to child support can be an upward modification or be modified downward depending on the facts in your case.

I Remarried and Had a New Child. Do I Still Have to Pay the Same Amount in Child Support?

Having another child is often not enough to modify the child support award. However, the court will consider new financial responsibilities when reviewing the awards. There might be a substantial change if there is a high need for a new child or family, and you might ask the court to deviate your child support amount.

My Child Is Eighteen Years Old. I no Longer Have to Pay Child Support, Right?

Responsibility for child support does not necessarily end when the child becomes an adult if your child is still in school. The law states that you have to pay child support until your child turns eighteen years old or graduates from high school, whichever is later. If you have any arrears at the time your child emancipates, then you will likely pay those arrears instead of support until that amount has been paid.

Gabrielle Robles, Author at Anderson Boback & Marshall

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Categorized as Spousal Support

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