For example, if you pay support and you're laid off from your job, the court will probably grant a reduction in your support payments. Need more help? A lot of changes in income are voluntary but are also the result of broader forces. How Do I Calculate Child Support For The Purposes Of Modification? It does not offer carte blanche, however. “[T]he term “child” shall include any child under age 18 and any child age 19 or younger who is still attending high school.” 750 ILCS 5/505(a). 286, 463 N.E.2d 840 (1st Dist., 1984) further held that when a voluntary job change is precipitated by health reasons and the change results in a substantial reduction of income, a corresponding modification of support responsibilities may be justified. He was selling products to customers in person and over the phone in several Illinois counties, and was often on the road. If the obligor gets a big raise but doesn't tell the recipient, and the recipient learns of the raise a few years later, that recipient can almost certainly reach back to the date of the raise to collect all of the missed child support. Correcting Mistakes: Sometimes folks go to court to modify support and they just make a simple mistake in arithmetic -- like 2+2=5. Any actual shift in parenting time that changes who is, in fact, the parent with the majority of parenting time or if the non-primary parent is actually exercising more than 146 overnight visits shall constitute a substantial change in circumstances for the purposes of modifying child support. 667, 668, 368 N.E.2d 153, 154; see also. Involuntary ("Fortuitous") Reduction in Income: A non-custodial parent may be able to reduce his or her child support payments based on a "substantial change in circumstances;" that is, when new circumstances justify it. our free resource Guide to Planning for Your Divorce. If one parent quits their job and is making less money than they previously did that is certainly a substantial change in circumstances that could warrant a modification of child support. This line could, possibly, be used to argue the case where an obligor quits his job to obtain further education. Following the dissolution of marriage, the custodial parent and children cannot be allowed to freeze the other parent in his employment or otherwise preclude him from seeking economic improvement for himself and his family. a three-month bonus, for Dad. A summary hearing is just the judge comparing the parties’ respective financial affidavits and supporting documents to determine the current respective incomes and what child support should be pursuant to those amounts. In re: Marriage of Case, (No. If he had done so, certainly his then increased assets would be considered in determining his ability to pay child support. Parents would be well advised to try to come to an independent agreement regarding child support that does not involve the Illinois domestic relations court formally taking evidence and calculating child support obligations. Where an obligor quits a job altogether to go back to college, a reduction would probably not be allowed. . Pursuant to Section 510 (a) of the Illinois Marriage and Dissolution of Marriage Act, “an order for child support may be modified upon a showing of a substantial change in circumstances.” (750 ILCS 5/510) Whether you are the parent paying or the parent receiving support, financial circumstances may arise that make it necessary to revisit the amount of child support being paid. When you work with our legal team, we’ll assess your situation and explain all your options through clear and open communication. Key features of the app include the ability to: Monitor your modification status . 1981). The appellate court rebuffed him saying simply "[s]ufficient evidence was presented that [the child] has some learning, physical, and mental difficulties for which he is being treated.".