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

When going through a divorce it's not uncommon to think "I never want to get married again!" But later, you may fall in love again and be ready to venture into marriage again. If you are planning to remarry, you…

While doing an initial consultation with an individual looking to get divorced, I have found it is common to get questions about whether it is possible for a divorcing couple to work together with an attorney to do a collaborative…

No one likes to pay spousal maintenance (formally called "alimony" or referred to as spousal support). When you are employed and your ex refuses to work, there is a greater reluctance to want to pay maintenance. In Chicago divorces, there…

Finding the best child custody lawyer in Chicago may seem like a daunting and intimidating process if you have never been involved in a legal dispute. This is especially true when it comes to a custody case involving your children…

Parenting disputes, and accusations of being a bad or unfit parent, are extremely common in the world of divorce, juvenile, and family law. Many parents enter the courtroom with a laundry list of accusations of poor parenting against the other…

Unfortunately, there are many negative connotations when it comes to the word “divorce.” Maybe you have personally went through a divorce in the past or maybe you know someone who has. When people think of divorce, it is not uncommon…

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

Why Choose
ANDERSON & BOBACK?

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