Alton, IL If My Ex Has an Increase in Income Will the Court Modify the Child Support Amount I Have to Pay?
When determining how much child support a noncustodial parent must pay to the custodial parent, Illinois uses a standard “percentage of income model” (PIM). Child support amounts are primarily based on an obligor’s net income and the number of dependents living with the custodial parent.
The Illinois Department of Healthcare and Family Services provides a child support estimator that gives you a general idea of how much child support you may be court-ordered to pay. Factors influencing child support payments include who is paying for a child’s health insurance and how many overnight stays you expect with your child.
If you have been court-ordered to pay a child support amount you think is unfair, speak to an Alton, IL family lawyer today by calling Diaz Law. We may be able to get the courts to reduce your child support payment based on unreported mitigating factors.
Does a Custodial Parent’s Income Determine How Much the Non-custodial Parent Pays in Child Support?
Illinois child support law states that orders are eligible for modification reviews every three years. Support orders can also be modified if there is a substantial change in circumstances. However, this substantial change must involve the needs of a child or the obligor’s income.
For example, if an Alton, IL noncustodial parent makes $30,000 a year and pays $300 per month in child support, that parent can get their support amount lowered if they are laid off and begin collecting unemployment. Alternately, if a noncustodial parent’s income increases, the custodial parent may go to court and ask the judge to raise the amount of child support they receive.
In general, changes to a custodial parent’s income do not affect how much an obligor pays in monthly child support. However, special circumstances may influence the amount of child support paid to the custodial parent by a noncustodial parent based on a significant increase in a custodial parent’s financial circumstances.
If you are court-ordered to pay child support and fail to do so, you could have your driver’s license taken away or even jailed. Never stop paying child support even if you think it is unfair. Call Diaz Law today to schedule a consultation about your support obligation. We may be able to get the courts to reduce the amount of child support you pay based on specific factors surrounding your case.