When there is an order for child support in Illinois, it is done with the child's best interests in mind. The financial, emotional and personal stability of the child is paramount. Most parents are happy to provide for their children even if the relationship with the former spouse is over. Some parents are amicable with one another. Others are cordial enough to communicate. Still others are involved in a contentious relationship. When it comes to family law, the child support is sacrosanct must be paid no matter what.
A question that is often asked, however, is if the order can be changed and what warrants the change. Either the custodial parent who is receiving support or the noncustodial parent who is paying support can seek a modification. Understanding the review process is key to a case. There are modification reviews conducted by the Division of Child Support Services and the Illinois Department of Healthcare and Family Services. The goal is to make certain the law is adhered to and it fits in with a change in circumstances.
At least one time for every three years that passes, there will be a notification sent to the parents that both parties have the right to ask that a review of the order be conducted. There are four circumstances in which there can be a review: a minimum of three years has passed since the order was established or there was a previous modification review; the noncustodial parent has experienced as substantial change in his or her income; the order has not addressed the child's healthcare; or there was a written request for there to be a review from either parent or from another state.
When there is a review, the following outcomes are possible: the child support will stay the same; it will rise; or it will decrease. When there is a decision on a modification review, parents who disagree with it have the right to appeal. Because child support is one of the key factors in any family law case, understanding how various issues are handled is imperative. When there is a desire on the part of either parent that a modification be done, having legal advice from a qualified family law attorney is critical.