Child Support Modification

 Posted on March 01, 2023 in Divorce and Family Law

Yorkville and Kendall County Child Support Modification Attorneys

Covid-19 has caused significant economic and emotional damage in 2020. Many people have faced reduced income, layoffs; and or a change of circumstances warranting a change in child support. In Illinois, child support may be modified when there is a "substantial change of circumstances" since the last court order. 750 ILCS 5-510(1).  The second reason for a change in child support is upon a showing of an inconsistency of income of at least twenty (20) percent. 750 ILCS 5-510(2).

Child Support Modification Petition

A Petition must be filed, which requests relief from a previous court order due to a substantial change in circumstances. A Petition is a legal motion that asks for a change in child support based upon a considerable shift in cases, a significant decrease or income in income, and the healthcare needs of the child or children requiring a change.

The notice must be given to the other side or the other attorney to provide them with a opportunity to respond. Typically, a financial affidavit will be required in the State of Illinois when a party wants child support modification. A financial affidavit is a summary of a person's income, expenses, and assets, which informs the court and the opposing side of the person's ability to pay.

Generally speaking, a financial affidavit requires the following documents:

Recent income tax returns

Pay stubs or proof of income

Bank Statements or Other Supporting Documents

https://courts.illinois.gov/forms/approved/divorce/Financial_Affidavit_How_To_Approved.pdf

No Automatic Relief When a Substantial Change of Circumstances Has Occurred

Often, men and women believe that child support will automatically change or be forgiven when one has been laid off or has faced significant decreases in income or health-related circumstances. One must petition the court for relief because court orders remain in effect until one party petitions the court, and the court rules on the child support petition.

Child support modifications are effective from the date of filing. Simply put, one may seek court relief when they have filed a child support petition with the court.

Yorkville Child Support Modification Lawyers

Sean Robertson and Gateville Law Firm are Kendall County Child Support Modification Lawyers serving Plano, Oswego, Bristol, Newark, Yorkville, Plainfield, and Joliet, Illinois. Attorney Robertson has over 18 years of experience as an advocate and attorney.  Sean Robertson graduated from DePaul University College of Law. Our Yorkville Child Support Modification Attorneys will assist you in modifying child support or defending a child support modification.

Why Experience Matters in Child Support Modification Matters in Kendall County

Legal representation is vital when one seeks to modify child support. An effective attorney and counselor of law understand the law and how the facts merit a substantial change of circumstances. Furthermore, an attorney is objective and can clearly articulate the reasons for a change consistent with Illinois law. Finally, an Kendall County and Yorkville Attorney understands the court process, mainly how to operate zoom court.

In conclusion, Sean Robertson and Gateville Law Firm represent men and women concerning child support modifications. Sean Robertson may be reached at 630-780-1034 or on our website.