Will County Child Support Modifications

Will County Child Support Modifications Lawyers

When it comes to child support, trying to negotiate a payment plan can be tricky, and reopening an already agreed upon payment system can be even more complicated. Between changing life conditions to salary fluctuations, any variables that can affect your child support payments are important to address and incorporate into your child support payment plan. In Will County, Vahey & Betouni can help you navigate the child support modification process with ease, helping you settle any discrepancies and create a workable plan with your child's well-being in mind.

What Is Child Support?

Child support is any monetary payment made by a non-custodial parent to a primary caretaker as a form of aid for a shared child. Typically settled in court, child support payments align with child custody agreements, and the parent who is not designated as the primary caretaker of the child in question will be ordered to pay a predetermined amount in aid each month. Depending on income, health status, and parenting ability, the prices set during an initial child support negotiation are agreed upon after considering all factors that could affect a parent's ability to pay child support or a child's required care level.

Why you have to pay child support

Usually, child support payments are tied to divorce settlements, typically following custody arrangements. When one parent is designated as a custodial parent in a divorce, the non-custodial parent is usually given a schedule of child support payments that will aid in their child's upbringing as a way to supplement their absence. Although it is one of the most common factors, divorce is not the only circumstance that can create a child support payment plan. Another instance where a child support situation may be warranted is between unmarried parents who share a child.

Custody agreements between unmarried parents are common, especially when establishing paternity. In the state of Illinois, in situations where a child is conceived by an unmarried couple, custody is awarded to the mother until paternity can be established. After establishing paternity, both parents can go to court to negotiate child custody. In turn, they can negotiate child support payments as well, either assigning sole custody to one of the two parents or fleshing out a balanced, equal visitation schedule for joint custody.

How Are Child Support Payments Determined?

Depending on who has custody over your child, the parent with non-custodial duties is typically responsible for child support payments. The parent who is given sole custody is in charge of caring for and raising your child, whereas the non-custodial parent can pay child support to make up for their absence. In joint custody situations, where primary care of the child is divided between both parents, the court may still order one of the parents to pay the other child support, depending on various factors such as income or health.

Sometimes, in situations where a non-custodial parent assumes the role of custodial parent, child support payments can switch from one party to another. For example, if one parent needs to move to a different state for a job offer, but both parents want their child to finish out their schooling at the institution they are currently attending, primary custody may be changed over to the parent remaining in the original state. However, these agreements need to be agreed upon by both parents, and preset child support plans need to be adjusted to accommodate this change.

What Changes Child Support Payments?

In life, accidents happen, and the results of these changes can create a very sticky situation for you and your child. Unpredictable accidents and unplanned changes to your income are all viable reasons to renegotiate child support payments, and calculating child support payments after these instances is part of the renegotiation process. No matter the scale of these issues, making sure you express any and all instances that could affect your current child support payment plan should be taken into account during the negotiation process. Some of the most common incidents that can contribute to the renegotiation of child support payments include:

  • Income. Whether your income increases or decreases, changes to your salary can be a big reason for renegotiating child support payment plans. Substantial changes to your income or your co-parent's income can either raise or lower your payments, and making sure to incorporate these into your support order is important for you and your child. Regardless of whether your salary was increased or decreased, these income changes will factor heavily into your child support payment plan.
  • Custodial parent designation. In a separation agreement or a custody hearing, the process of designating a custodial parent is a necessary part of figuring out a child support plan. In cases where one parent has sole custody, the other parent who does not have sole custody can pay the custodial parent monthly monetary installments as a form of support. Joint custody proceedings are very similar, and in some instances, depending on external factors, one of the two parents involved can pay the other as a form of support.
  • Emergencies. In certain emergency situations, the ability of one parent to make child support payments can be hindered by certain accidents or sudden conditions, making them unable to provide their original support. Being unable to work in these situations will be an obvious indicator of financial stress, which can trigger conversations about child support payments. For example, if a non-custodial parent were diagnosed with a terminal illness or left severely injured after an accident, their ability to make child support payments might not be possible given their current state.
  • Child age. As your child gets older, the amount of money paid in child support can change. For example, if your child turns 18 years old, your child support payments will stop because they would be considered a legal adult. In the state of Illinois, however, if your child turns 18 while still in high school, your child support payments will last until they leave high school and turn 19.
  • Well-being of your child. As with adults, unexpected illnesses concerning children are extremely hard to deal with and can cause a very heavy burden on you and your co-parent. In the event that your child gets severely ill or requires increased medical care as a result of an illness or injury, the amount of money you either pay or receive in child support can increase to compensate for these additional expenses.

Whatever the case may be, renegotiations of child support payments can help parents cope with changing external factors. In terms of child welfare, these negotiations are strictly for the benefit of your child and are always negotiated with their best interest in mind. Although your situation might be volatile, you can be sure to find some solace in knowing that your child's support system and well-being are able to be taken care of.

FAQs

Q: How do I file a motion to modify child support in Illinois?

A: To file a motion to modify your child support agreement, you and your legal team need to provide ample evidence explaining why your support payments need to change. Regardless of the reasoning, this evidence is used alongside a Certificate of Mailing Petition for Modification of Child Support as a way to reopen your agreement and make the necessary changes.

Q: How often can you modify child support in Illinois?

A: Depending on your individual situation, as well as your ex-spouse or co-parent's situation, the terms of your child support agreement may become outdated or unable to properly sustain your child. For example, if you, as a non-custodial parent, lose your job, your agreed upon monthly payments may not be affordable anymore and may need to be adjusted.

Q: Does child support increase if salary increases in Illinois?

A: The short answer is yes. Any change in income, whether it be a decrease or increase in salary, can be reflected in your child support payments. This is applicable for both custodial and non-custodial parents, and payments made or received are subject to renegotiation based on wage fluctuation.

Q: What type of attorney can help me modify my child support payments?

A: For any matters pertaining to family law issues, choosing a lawyer who understands these issues is the best choice when deciding on representation. At Vahey & Betouni, our legal team is well-versed in family law and can help you navigate and solve any child support modification requests.

Finding Representation for a Child Support Modification

Negotiating a change in your child support can be a long and arduous process, but at Vahey & Betouni, we can help you navigate the process and work through your child support agreement with ease. Regardless of your reasoning for renegotiation and modification, our legal team is well-equipped to handle your claim and advocate for the care you need. For a top-tier legal team in the Will County area that can expertly handle any child support modifications, look no further than Vahey & Betouni . Schedule a consultation today.

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