Being laid off or terminated from a job can have a significant and lasting impact on your finances. It can also restrict your ability to pay court-ordered child support. Thankfully, it may be possible to reduce your obligation amount with a modification to your order for support. Learn more in the following sections, including how a seasoned family law attorney can assist you with the process and improve the outcome of your case. 

Are You Eligible for Modification? 

Once an order for child support has been entered into the court system, it can be difficult to modify it. That it is why it is so critical that parents attempt to ensure that their original order is based on the most accurate, up-to-date information. However, when circumstances change, a paying parent may be eligible for a modification to their order of support. Examples of such circumstances may include:

Under Illinois state law, children are entitled to financial support from both their biological parents, regardless of whether the parents were ever married. However, that support is not unlimited. Instead, the state has a specific formula that is used to determine what a paying parent’s support obligation should be. Learn more about the way that child support is calculated, and discover how to determine when the aid of an experienced attorney may be beneficial for parents who are engaged in an Illinois child support case.

Is Child Support Owed?

Before an order for child support can be entered, the courts must first determine if support is owed. This starts with establishing parenthood over the child. In a marriage, this is presumed for both the mother and the father. If the parents were never married, the mother is usually presumed to be one biological parent, but the father must either acknowledge paternity, or they must request a paternity test to verify that they are the child’s biological parent. From there, the courts will examine other factors, such as the income of both parents and the amount of time that each parent spends with the child, to determine the amount of support that may be owed.

Parents who receive child support often rely on it to ensure their child’s needs are met. What happens, though, if the paying parent falls behind or refuses to make their payments? Besides placing a financial strain on the receiving parent, and potentially the child as well, the paying parent then becomes delinquent on their support. If that support is paid under an existing order with the courts, the receiving parent also has recourse for pursuing their overdue support. Learn more, including when the assistance of an experienced family law attorney may be necessary.

Determining How Much Support is Owed

Before pursuing overdue child support, a receiving parent is encouraged to first determine how much support is owed. If the payments are made through the State Disbursement Unit (SDU), the parent can request payment records directly from SDU. Parents who receive their payments directly through the courts can request such records from the circuit clerk. If payments are made directly to the receiving parent, they must bear the burden of proof in court, meaning they must supply the court with evidence that proves the child support payments were never made.

While most parents will go to considerable lengths to ensure their child has everything they need, there are those who seem to think of their financial obligations as voluntary. Maybe they simply want to punish the parent who receives support and does not care that it is also harming the child, or perhaps they consider their wants more important. Either way, the failure to pay court-ordered child support can have dire consequences, both for the receiving parent and the child. Thankfully, there are some strategies that you can employ to collect your arrears. Learn more, including how an experienced attorney can assist, with help from the following information.

Garnishments and Property Liens

When an obligated parent has the funds or assets to pay their arrears but refuses to do so, receiving parents can seek a wage garnishment or a lien on any property that the obligor owns. If the parent does not have any wages and is collecting unemployment, the receiving parent may request that child support be withheld from their unemployment benefits. One can also attempt to have the obligor’s tax refund intercepted if they owe arrears. Alternatively, if the parent does not have any real property but has a substantial amount in their retirement benefits, the receiving parent may seek an order to have the funds pulled from the retirement account with a Qualified Domestic Relations Order (QDRO).

Illinois has been using the percentage shares model to calculate child support since 1984, but that changed on July 1, 2017. Now the state uses an income shares model, which places it on par with most other states in the U.S. Another notable change to the law is the inclusion of a shared parenting provision, which may impact a parent’s child support obligation. Learn more about this provision, including how to determine if a modification to your current order may be warranted.

An Overview of the New Income Shares Model

Unlike the old child support model, which calculated child support based on the income of the paying parent and the number of children shared between parents, the new income shares model calculates child support based on the cost of raising a child (based on data from the Bureau of Labor Statistics). It also examines the income of the parents and then determines what percentage of child-rearing costs each should be responsible for paying. Spousal support is also factored into the formula now, which may impact those receiving both spousal and child support.