Child Support Modifications and Good Faith

 Posted on September 19, 2018 in Child Custody and Support

When you are responsible for making child support payments, virtually every financial decision you make can affect your ability to meet your obligations. This is especially true if you are considering a job or a career change, as your income is very likely to change. While an increase in your income can be a good thing, a decrease could make it impossible for you to comply with your child support requirements. You may be able to petition the court for an order modification, but depending upon the circumstances of your employment, your request could be denied.

Illinois Law

According to the Illinois Marriage and Dissolution of Marriage Act, an order for child support may be amended upon a showing of a substantial change in circumstances. Losing a job, starting a new one, a significant promotion or demotion, and a complete career change could all create a significant difference in your monthly and annual income. The law recognizes a change in employment status as one of the possible causes for a substantial change in circumstances for the purposes of pursuing an order modification.

Good Faith

Everyone has made choices in their lives that have had a negative outcome, despite being made for the right reasons. Your intentions are an extremely important consideration when seeking a child support order modification, particularly if your income has decreased. If you simply walked away from a steady job with no current, realistic prospects, you are not likely to be granted relief. Similarly, if you were dismissed from your job for inappropriate or destructive behavior, or lack of production due to your own fault, your support obligation will probably not be reduced.

Conversely, if you took a new job or started a business venture with the reasonable belief that you would be able to increase your standard of living and, as a result, provide more for your child, but unfortunate circumstances prevented that from happening as planned, you will have a stronger case for a modification. You will need to present your reasoning and show that you acted in good faith with your decision-making, and you were not simply trying to reduce your obligations unfairly.

Speak to a Lawyer

Before pursuing a modification of a child support order, contact an experienced Kane County child support lawyer. Our knowledgeable team will help you understand your situation and provide you with objective analysis of your case before you take your matter to court. Call 630-232-9700 to schedule a confidential consultation at The Law Offices of Douglas B. Warlick & Associates today.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+V&ActID=2086&ChapterID=0&SeqStart=6100000&SeqEnd=8350000

https://casetext.com/case/in-re-marriage-of-chenoweth