Looking to Modify Your Child Support Orders?
Call Our Divorce Lawyers in St. Charles & West Dundee
After you have already set up your official child support orders, it can be complicated to modify them. Nowadays, many people struggle to care for their children or to make their child support payments due to a change in their work or living situation. If you wish to modify your child support orders, our divorce attorney in Kane County has the skills and resources that may be able to assist you.
Before immediately taking legal action, both parties should see if they are able to come to an agreement on the modification of orders. It is possible to ask a judge to approve the change, unless the amount you agree to is significantly below your state's guidelines. In that situation, you will have to explain why the agreement is legitimate and how the amount you have agreed upon will sufficiently meet the needs of the child.
Temporary vs. Permanent Modifications
If ex-spouses are unable to come to an agreement on the modification, they will have to request a court hearing. At the hearing, each party can argue for the amount of support that they believe is appropriate. In order to get a modification, you will need to prove that something about your situation has changed since the court created the original order. Depending on the details of the circumstance, the court will either make a temporary or a permanent modification.
A temporary modification may be implemented if:
- The child has a medical emergency
- The payer temporarily cannot pay (perhaps they have an illness or a temporary financial emergency)
- The recipient parent is going through a temporary financial or medical hardship
A permanent modification may be granted if:
- Either parent loses their job or gets a new job that has a significant difference in income
- Either parent gets remarried and their new spouse's income significantly increases the household income
- There is an increase in the cost of living
- Either parent becomes disabled
- The needs of the child change significantly
- The child support laws change
Permanent modifications will remain in effect until support is no longer required, or the order must be modified due to a new set of changed circumstances.
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If you are the paying spouse and you are no longer able to pay support, it is essential that you take steps to get the support amount changed as soon as possible. Support payments that are not made do not just go away. They cannot be discharged in bankruptcy, and cannot be reduced by a judge.
If the receiving parent does not agree to a change, the paying parent should immediately file a notion with the court. If the receiving parent does agree, the agreement should be in writing and approved by a judge. When an agreement isn't put in writing and a parent changes their mind, the paying parent may not be forced to pay the amount that is owed.
No matter what your reasoning may be for wanting a modification to your child support orders, our team will do everything we can to fight in your interest and help strengthen your case. We have been involved in the field of family law for more than four decades, and may be able to help you get the results you desire. For more information about the services we offer, contact the Law Offices of Benedict Schwartz, II P.C. today!