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Modification of child support order is possible in Illinois

A 28-year-old Illinois father had to face the wrath of the court last month. This followed his failure to pay court-ordered child support of $200 every fortnight with additional payments toward arrears. However, when he failed to attend a scheduled child support hearing on Oct. 26, a warrant was issued for his arrest, and he is now locked up in the county jail.

Most parents want what is best for their children, and in many cases, noncustodial parents who fail to pay the court-ordered child support do not withhold the funds out of malice. Circumstances can change, and sometimes life deals a bad hand that makes compliance with such an order impossible. Unfortunately, when that happens, some parents stop payment altogether rather than paying what they can afford while trying to resolve the issue.

Child support in Illinois is based on specific guidelines, including the financial means of each parent. The court understands that changed circumstances may force a parent to deviate from prior court orders. For that reason, it allows a struggling parent to petition the court for a modification to the child support amount. If sufficient proof is presented of significant changes in circumstances, such as employment loss or unexpected medical expenses, the court will consider modifying the order.

Any Illinois parent who finds him or herself in such a situation may arrange a consultation with an experienced family law attorney. A lawyer can explain the person's legal rights and available child support options, assess the circumstances, and assist with gathering the necessary documented proof of changed circumstances. The attorney can also advocate for the parent before the judge with the goal of achieving a favorable outcome.

Source: Joliet, Ill. Patch, "Deadbeat Joliet Dad Lands In Will County Jail: Court", John Ferak, Nov. 29, 2017

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Courtney ∙ Clark Law, P.C.
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