Child support orders are common following a divorce involving minor children.
The court recognizes that the circumstances of either the child or one of the parents can change at any moment. For that reason, you can file for a modification of a child support order.
What are the requirements for child support modification?
The requirements for modification vary slightly by state. In Illinois, the court requires proof of a substantial change in the life of one or more parties, including either parent or the child. A substantial change could be:
- The child turns 18, making them a legal adult
- The parent paying child support experiences a change in income, whether it is an increase or decrease
- The child’s medical needs change
- The child no longer lives with the parent receiving the child support
The court’s priority is always the best interests of the child, and sometimes that means denying a claim to adjust the original order.
What could cause a denial of modification?
The most common reason the court denies child support modification involves the concept of voluntary changes to the obligated parent’s financial position. For example, if a parent quits their job to avoid making child support payments, the court will likely refuse a request to modify the child support order. Ultimately, the court can recognize with a parent voluntarily puts themselves in a situation that makes it difficult to make payments.
Child support modification is a discretionary process. The court has the ability to decide, based on the evidence presented by the filing parent, to allow or deny the request.