Illinois law states that children have the right to emotional and financial support from both of its biological parents, and it protects those rights through different measures. Child support is one of the more commonly known and discussed, yet obligors are often confused about where their responsibility ends and begins. Moreover, they are not always informed of their rights, such as the right to request a modification if a significant change in circumstances occurs.
When Can an Obligor Request a Modification to Child Support?
When child support orders are established, the income of each biological parent is used in the calculations, as are the specific needs of the child (i.e. children with special needs, etc.). The time that each parent spends with the child may have been used as well, but such considerations have only recently become commonplace. If a substantial change has occurred in any of these areas - the income of the biological parents, the child’s needs, or the amount of time that each parent spends with the child - then either parent may request a modification to their order of support.
Since changes are meant to benefit the child, not the parents, some modifications could result in an increase in a non-custodial parent’s child support obligation. For example, if a child needs braces, the receiving parent may petition the courts to obtain additional support from the obligor.