Our law firm is your Yorkville Child Support Modification Attorneys serving Kendall County. Our attorneys assist parents and spouses (former) filed Petitions to Terminate Child Support or Petitions to Amend Child Support. The key term is “a substantial change of circumstances”, which requires a substantial change has occurred in one’s job or the healthcare needs of the minor children. An example of a substantial change in circumstances is a significant pay increase in one’s pay or unemployment.
Substantial Change in Circumstances
A substantial change in circumstances could be a change in child custody where the minor children no longer reside with the parent who is receiving child support. Furthermore, a substantial change in circumstance may be a child reaching the legally emancipated age of 18 years of age. As of June 1, 2003, Illinois has extended child support until the minor child graduates from high school or attains the age of 19, whichever comes first.
In Illinois, a child is legally emancipated at the age of 18 years. … However, as of June 1, 2003, Illinois law allows the Department to extend current child support until the child graduates from high school or attains the age of 19, whichever comes first. https://www.illinois.gov/hfs/ChildSupport/FormsBrochures/Pages/hfs1759.aspx . Often, failure to file a timely Petition to Terminate Child Support is considered a gift if not timely done. Many fathers and non-residential parents falsely assume that they will get a refund for their overpayment of child support. It is important to timely file a Petition to Modify Child Support or a Petition to Terminate Child Support.
Petition to Modify Child Support
Court ordered child-support must be modified by going back to court. The first step to modify child support is to file a Petition to Change Child Support. Typically, the initial child support ordered is called an Income Withholding Order or an Order of Support. The court order child support typically is automatically withdrawn from the non-residential parent’s paycheck. Child support payments cannot be changed without going to court.
The amount of child support owed only changes when the judge enters a new court order that changes it. A divorcing parent or non-married parents may be forced to pay retroactive child support for the period of time from filing the Petition to Modify Child Support and the period of time for the court to modify the child support obligation. Please note that the court has discretion whether or not to change child support. A substantial change of circumstances is not the law change.
Old Child Support Law
Major changes to Illinois child support laws occurred in January 2017. Governor Rauner signed into law Public Act-99-0764, which change the calculations of child support law. The law took effect on July 1, 2017 and modified two sections of the Illinois Marriage and Dissolution Act or otherwise known as 750 ILCS 5/505 and 750 ILCS 5/510.
In this article we will explain recent changes to Illinois child support law. Although the major changes discussed in this article went into effect in July of 2017, this article has been reviewed and updated for 2019. For much more on Illinois child support law, check out our article: Illinois Child Support 2019.On August 12, 2016, Governor Rauner signed into law Public Act 99-0764, which changed the manner in which Illinois divorce courts calculate child support. The law became effective on July 1, 2017 and modified two sections of the Illinois Marriage and Dissolution of Marriage Act (“The IMDMA”), specifically 750 ILCS 5/505 and 750 ILCS 5/510.
“Income Shares” Model: Illinois’s New Child Support Laws
Under the old child support law, the residential parent’s income was essentially ignore except in exceptional circumstances. The non-residential parent paid child support based upon the number of minor children. The new law has amended the old child laws and both parents’ income is considered with the new “income shares” model. The “income shares” model assumes that both parents have a financial obligation to financially support the minor children.
Experienced Yorkville Child Support Modification Attorneys
Robertson Legal Group, LLC is your Yorkville Child Support Modification Attorneys. Our seasoned attorneys advocate for parents in child support modification proceedings. Sean Robertson is Principal of Robertson Legal Group, LLC which has offices in Yorkville and Kendall County. We assist parents in the surrounding area of Yorkville such as Oswego, Yorkville, Plano, Plainfield, Joliet, Aurora, Montgomery, Bristol, Newark, Sandwich, and Minooka among other areas. When you are facing a significant and substantial change in circumstances, hiring a qualified child support attorney is essential. Experience and tough are words that accurately describe our law firm. We aggressively represent our client’s interest and educate our client’s on their legal rights. Sean Robertson may be reached at 630-882-9117 or via email at Sean@RobertsonLegalGroupLLC.com.