Aurora Child Support Lawyer
Child Support Modification
In general, parents have a legal obligation to financially support their children. The Illinois statutes provides guidelines for the court to follow when ordering a child support obligation. Modifications to a child support obligation can only be made after a subsequent court order is entered.
These changes or "modifications" to a prior child support order will only be entered if the court finds that there is a "material change in circumstances". These material changes can result from changes in the financial circumstances of the parents or to the changing needs of the minor child. Child support modifications can increase or decrease the current child support obligation based on these changes in circumstances.
Call our Aurora divorce lawyers today at (630) 901-8700 for legal counsel.
Understanding Child Support Modifications
A material change of circumstance would be a substantial increase or decrease in one parent's income. For example, if a parent receives a higher income, or involuntarily loses his/her employment, the parties will move to have the child support obligation increased or decreased.
In order to modify a child support order, you must file the appropriate motions with the court and must specify what your "material change of circumstances" are in order to justify a modification of the current support order. Without this motion, the court will not grant a modification of your current child support order.
Furthermore, if there is a material change in circumstances, but no modifications have been made, parties will be bound by the only child support order in place. In other words, courts will not interpret informal agreements, nor will they apply modifications retroactively.
Contact an Aurora divorceattorney for legal representation in any family law matter today.
The Law Offices of David Lee is available in Kane, Kendall, Dupage, and Dekalb Counties