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Seeking Modification in Child Support

There are many things humans cannot predict, and a change in circumstances is one of them. Inasmuch as we know that children grow and their needs change, we are not always able to anticipate the pace or financial implications of that change. When life circumstances change in any significant manner, it might be time to request a modification in child support.

When parents divorce, they are allowed to try to agree on child support payments. If they are not able to reach an agreement, an Illinois judge makes the determination based on the state’s calculation guidelines. The amount is based on the noncustodial parent’s income and the number of children being supported.

Change in circumstances

When either parent or the child faces a significant change in financial circumstances, a modification might be in order. Some of the qualifying conditions include:

  • An increase of significance in either parent’s income
  • A decrease of significance in either parent’s income
  • An increase in the child’s needs
  • A change in the child’s residence
  • The child reaches age 18 and no longer lives at home

Parents can reconvene at any time with attorneys present or in mediation to discuss a modification in child support.

When a child has special needs

 

When parents share a child with special needs or disability, it is not uncommon for the child’s needs to change dramatically. It can be nearly impossible to determine future financial needs for a child with special needs at the time of divorce.

Either parent can request a modification in support. If the parents are not able to reach an agreement on modification, there is a hearing and the judge makes the determination to either grant or deny the petition.

If you think a modification in support might be appropriate, speak to a child support attorney in the Skokie area.

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Paul Chatzky
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Born in Havana, Cuba, Paul Chatzky is fluent in Spanish and English, enabling him to effectively represent a wider range of individuals and families. He is AV® Preeminent™ Peer Review Rated by Martindale-Hubbell®, and is listed among Illinois Super Lawyers, which is a reflection of his high ethical standards and exceptional legal knowledge. As a…

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Deborah E. Chatzky
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Prior to joining the firm as a paralegal, Debbie was employed by major banking institutions as a loan processor and as an executive secretary. Debbie was also employed as an administrative assistant for the Board of Jewish Education. Having majored in Sociology, Debbie graduated from the University of Florida in 1980. Debbie completed her studies…

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