How to Get Child Support Reduced in Illinois

In Illinois, a parent may petition a court for modification of an existing court order that requires a non-custodial parent to pay child support to a custodial parent.

Under Illinois law, courts calculate child support according to state guidelines. The guidelines would not be used only in cases in which the court identifies a specific reason to justify not applying the guidelines in a particular case.

The non-custodial parent would be able to request a modification of a child support order any time they experience a “substantial” change in circumstances of the type that would justify changing the amount of support. The change would have to involve the parents or the child or children involved in the case. This is a requirement of Illinois law regarding the modification of child support in Illinois. This standard would apply if the result a person seeks is to pay a lower child support amount.

However, a person would not have to show that there has been a substantial change in their circumstances under one condition. If they can show that there is a difference of at least 20% between the amount they pay under an existing child support order and the amount of support they would pay per the Illinois guidelines when they apply for the modification, the change would be granted without a showing of a substantial change in circumstances.

In this situation, they would qualify for a modification, e.g., a reduction of 20% or more, depending on what the guidelines indicate.

Of course, the child support order might be the product of an Illinois divorce or legal separation.

A court may issue a child support order at the end of a paternity suit when the father of a child who is not married to the child’s mother seeks custody or visitation. Or a mother who is not married to her child’s father may ask a court to order the father to pay child support.

It does not matter whether a child support order was issued as a result of calculating child support in a divorce or a paternity suit. The law regarding the modification of child support orders is the same for all child support orders.

So, if a person wants to lower the amount of child support that they pay, they would have to show some substantial change in their circumstances that would justify it or a difference under the guidelines of 20% or more.

A person who wishes to lower the amount of child support that they pay might want to consult a local attorney in Illinois to analyze their case. The attorney could help them figure out whether they would qualify for a change or not according to the applicable standards.

What Factors Can Lower Child Support?

The most common reason for people to request a change in child support is because of changes in their income. The change may be an increase or a decrease and may involve the income of either the custodial or the non-custodial parent.

Of course, a person who wants to lower the amount of support they pay may have experienced a reduction in their income. There is no absolute amount by which a person’s income must change before they request a modification. But whatever the change, the changed income must result in the child support amount changing by at least 20%, as noted above.

For example, if a person pays $1000 per month in child support when they seek a reduction, and the new modified amount was to be calculated as $800 per month or less, the person would not have to offer any additional proof of a substantial change in their circumstances.

What Is a “Substantial Change”?

As noted above, in Illinois, the change in circumstances that would justify a reduction in child support must be substantial. The parent who seeks the modification must prove the substantial change.

Generally, a substantial change would be a change in the needs of the child, a change in the paying parent’s ability to pay, or both. The change would have taken place in the time since the existing order was issued by a court. Again, a person would not be required to show a substantial change if the modification would result in a change in the amount paid of at least 20%.

If one parent quits their job and is making less money than they did before, this would be a substantial change in circumstances that would justify modification of child support. However, a court would not automatically modify child support if the paying parent has voluntarily chosen to make less money. The parent would have to show that they made this change in good faith and not for the sole purpose of escaping their child support obligation.

What Is the Legal Process for Child Support Modification?

A person can request a change in the amount of child support that they pay at any time. There are two ways to request a change in the amount of child support. A person may petition the court on their own or with the representation of a lawyer. Forms for this are available online.

Or a person may ask the Illinois Child Support Services (CSS) to review their case. The CSS would do this free of charge to the parent who asks for the review.

A person may open a case with the Illinois CSS in order to get its help in seeking a modification at any time. Illinois child support guidelines require the CSS to review its cases every 3 years as a matter of routine. Again, as a general rule, a decrease would have to amount to at least 20% of the amount of child support that a person pays at the time of the request to qualify for a modification.

A person may ask for a modification if they experience any of the following:

• They are laid off or fired from their job.
• They start a new job.
• Their salary or wages increase or decrease.
• There is a change in custody or visitation.
• The size of a person’s family changes.
• A person becomes disabled.
• A person must go to jail or prison.
• A person must report for active military service.

A person should keep in mind that the attorney for CSS does not represent either the paying parent or the custodial parent. They participate with the goal of making sure everything is done fairly to all the people involved. In addition, if the CSS denies a person’s request for modification, the person may still file a petition in court in order to have a judge decide if their child support can be modified.

When Do I Need to Contact a Lawyer?

If your circumstances have changed significantly and you believe that you are entitled to reduce the amount of child support that you currently pay, you want to talk to an experienced Illinois child support lawyer.

LegalMatch.com can put you in touch with a lawyer who can analyze the facts of your case and tell you whether you have a chance of modifying the child support you pay. Your lawyer can guide you through the process to success if the change in your life justifies a decrease in your payments.