Anderson & Boback Logo

DON’T WAIT TO MODIFY SUPPORT

Published
Categorized as Child Support Modification

Don’t Wait Too Long to File a Motion to Modify Child Support

 

We oftentimes have clients come in to our office telling us that they have experienced a change in their employment circumstances and that they can “no longer afford” child support, and request our assistance.

Child support can only be modified upon a Court finding a “substantial change in circumstances” has occurred on the child support payor/obligor’s circumstances as it relates to their finances.  This may mean job loss, or it may mean a raise or promotion.  The Court has a bit of discretion when making a determination of what constitutes a “substantial change in circumstances” under the purview of Section 750 ILCS 5/510 the Illinois Marriage and Dissolution of Marriage Act.

We often see clients and potential clients running into trouble when they don’t file for a modification of child support in a timely manner.  When a party is requesting a modification of child support, the Court generally can only order a modification of child support that is retroactive back to the date a petition to modify support is filed.  In plain English, a Court is not going to make your child support “go away” or “decrease” (or increase, if the petition seeks to increase support) backwards to the date when your pay changed.  The Court generally will only modify the support payments back to the date that you or the other party first asked the Court to make the modification (or, the date that a petition was filed).

An example by way of illustration is Pete, who used to earn $50,000 net per year.  He received a salary decrease on April 1, 2013 and now only earns $35,000 per year.  Pete waits until May 1, 2013 to file a motion requesting the Court to decrease his child support.  Thus, for the period of April 1, 2013 through May 1, 2013 Pete will still have to pay his old support amount based off of him earning $50,000 net per year, even though he was really earning $35,000 per year during that time period.  Waiting a month to file the support modification petition hurts Pete in this situation.

The lesson to be learned here is not to wait to file a motion to modify support once a substantial change in circumstances occurs, whether it is to increase support or decrease support.  Waiting too long can have an impact on your support obligation.  If you believe there has been a substantial change in circumstances that would impact your support obligation or support that you are receiving, call our office to schedule a consultation with one of our attorneys.

Was this information helpful?

You May Also Like

What Is Child Support? Child support is the terminology used to describe the periodic or ongoing payments one parent makes to the other following a divorce to assist in raising their shared children. Child support is thus a combination of…

Wonder if your spousal maintenance is modifiable? This question was addressed in Scarp v. Rahman when the father in the case of sought to modify his maintenance obligation.  The trial court would not allow the modification so he sought an…

Birthdays are a big deal to kids - they usually get a party with their friends with cake, balloons, presents, and if they are lucky, a ball pit to jump into at Chucky Cheese! The day is all about them.…

Our firm represents a lot of military families and for the most part, handling a military divorce is just like any other divorce.  There are specific rules that need to be followed, however, and those parents in the military facing…

Changes to Spousal Maintenance Law in Illinois In 2019, a significant change in the tax code was made regarding maintenance, which resulted in spousal maintenance (formerly known as “alimony”, also known as “spousal support”) being tax-free to the recipient and…

Illinois has modified its statutes wherein parents are now allocated “parental responsibilities” and “parenting time” instead of “custody”.  The purpose of these changes was to try and give the parents less to fight over.  You can win “custody” but winning…

RECENT POST
Categories
Archives
Anderson & Boback small logo

Download our Divorce Planning Guide today!

Get the information you need to prepare for divorce with our free resource Guide to Planning for Your Divorce.

What our clients are saying

Schedule a Discreet Consultation Today!

    Firm Overview
    ANDERSON & BOBACK

    Anderson & Boback is a highly-respected, experienced Chicago family law firm, skilled in negotiation and litigation. When divorce and other family law issues make your life chaotic and uncertain, you want your case resolved as quickly and fairly as possible. Call Now 312-715-0870