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Child Support Modification 101

Yorkville & Kendall County Child Support Modification Attorneys

COVID-19 has caused significant economic and emotional damage to families in 2020. Many people have faced reduced income, layoffs, or a change of circumstances, which warrant a change in child support. In Illinois, child support may be modified when there is a “substantial change of circumstances” since the last court order. 750 ILCS 5-510(1). Another reason for a change in child support is upon a showing of an inconsistency of income of at least twenty percent (20%) 750 ILCS 5-510(2).

Yorkville & Kendall County Child Support Modification Attorneys

COVID-19 has caused significant economic and emotional damage to families in 2020. Many people have faced reduced income, layoffs, or a change of circumstances, which warrant a change in child support. In Illinois, child support may be modified when there is a “substantial change of circumstances” since the last court order. 750 ILCS 5-510(1). Another reason for a change in child support is upon a showing of an inconsistency of income of at least twenty percent (20%) 750 ILCS 5-510(2).

Child Support Modification Petition

A Petition must be filed, which requests relief from a previous court order due to a substantial change in circumstances. A Petition is a legal motion that requests a change in child support based upon any of the following: Substantial change of circumstances; significant decrease or income in income; and/or the healthcare needs of the child or children require a change.
Notice must be given to the other side or the other attorney to give them an opportunity to respond. Typically, a financial affidavit will be required in the State of Illinois when a party wants a modification of child support. A financial affidavit is a summary of a person’s income, expenses, and assets, which informs the court and the opposing side of the person’s ability to pay.
Generally speaking, a financial affidavit requires the following documents:
• Recent income tax returns
• Pay stubs or proof of income
• Bank Statements or other supporting documents
https://courts.illinois.gov/forms/approved/divorce/Financial_Affidavit_How_To_Approved.pdf

No Automatic Relief When a Substantial Change of Circumstances Has Occurred

Often times parents or guardians believe that child support will automatically change or be forgiven when one has been laid off or has faced significant decreases in income or health related circumstances. This is not always the case, as one must petition the court for relief because court orders remain in effect until one party petitions the court and the court rules on the child support petition.
Child support modifications are effective from the date of filing. Simply put, one may seek court relief when they have filed a child support petition with the court.

Yorkville and Kendall County Child Support Modification Lawyers

Sean Robertson and Gateville Law Firm are Kendall County Child Support Modification Lawyers serving Plano, Oswego, Bristol, Newark, Yorkville, Plainfield, and Joliet, Illinois. After graduating from Depaul University College of Law, Attorney Robertson has worked for over 16 years as an advocate and attorney. Sean Robertson and Our Yorkville Child Support Modification Attorneys will assist you to modify child support or defend a child support modification.

Why Experience Matters in Child Support Modification Matters in Kendall County

Legal representation is vital when one seeks to modify child support. An effective attorney and counselor of law understands the law and how the facts merit a substantial change of circumstances. Furthermore, an attorney is objective and can clearly articulate the reasons for a change consistent with Illinois law. Finally, a Kendall and Yorkville County Attorney understands the court process well, specifically how to operate zoom court.
In conclusion, Sean Robertson and Gateville Law Firm represents parents and guardians with respect to child support modifications. Sean Robertson may be reached at 630-780-1034 or via email at Sean@GatevilleLawFirm.com

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