Thomas M. Gurewitz, Attorney At Law

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Legal Guidance

When is child support modification appropriate?

| Jan 14, 2020 | family law |

As much as Illinois parents may love their children, those with the obligation to pay child support may feel the burden is often too great. It is one financial responsibility that cannot be put off during weeks when money is tight, and missing payments can carry tremendous consequences. However, does this mean that a parent paying child support must continue to pay even when times are tough?

It is possible to request a modification of support payments if there is a substantial change in circumstances. The court may modify the amount of child support based on the finances of the parents at the time of the hearing. In the event of a drastic cut in pay or loss of job, for example, the court may consider temporary or permanent modifications in child support amounts if the paying parent has legitimate reasons for making the request.

The parent should present to the court evidence of the change.  The parent must include financial documentation justifying the need for the change and the parent’s efforts to stay current in child support payments.

It is critical that the struggling parent seek the modification through the courts as quickly as possible. Simply stopping payments is a violation of a court order and can lead to even more serious financial and legal problems. With the assistance of an attorney, a parent may meet his or her goals of obtaining a fair modification of child support payments.