child support modification Archives

Every August, Child Support Awareness Month shines a spotlight on one of the most essential elements of family law: ensuring children receive the financial support they need to grow and thrive, no matter their parents’ marital status.

At Masters Law Group, we recognize how crucial child support is in the lives of millions of children and families across Illinois and the United States.

In this blog, we’ll explore the purpose and history behind Child Support Awareness Month, how child support works in Illinois, and how our experienced attorneys can help you navigate the child support process, whether you’re seeking support, contesting an order, or modifying an existing agreement.

Why Child Support Awareness Month Matters

Child Support Awareness Month was first established in 1995 by President Bill Clinton. The goal was simple but powerful: raise awareness of the importance of child support and encourage parental responsibility to help ensure children receive the emotional and financial care they deserve.

Since then, every August, child support agencies, legal professionals, advocacy groups, and families across the country observe the month to:

Promote the availability of child support services
Educate parents about their rights and responsibilities
Honor professionals who work in child support enforcement
Encourage open, cooperative co-parenting

While many families resolve financial matters amicably, countless others need legal support to establish or enforce fair child support agreements. That’s where experienced legal professionals, like the team at Masters Law Group, step in.

The Important Role of Child Support

Child support isn’t just about money; it’s about stability, access to opportunities, and a better and fair future for children.

Here’s why child support is so important:

It helps cover essential needs like housing, food, clothing, healthcare, education, and extracurricular activities.
It reduces child poverty. According to the U.S. Census Bureau, child support can play a critical role in reducing poverty in single-parent households.
It reinforces both parents’ responsibility to provide for their child, even if they don’t live together.
It fosters cooperation and structure, helping children grow up in more secure and supportive environments.

Child Support in Illinois: What You Should Know

Child support laws and enforcement vary from state to state. In Illinois, child support is governed by the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/505).

Here are key facts about child support in Illinois:

1. Child Support Is Still Called “Child Support”

While some states have shifted terminology (e.g., “parenting time” instead of “custody”), Illinois continues to use the term “child support” in legal documentation and court proceedings.

2. Support Is Calculated Using the “Income Shares Model”

Illinois uses the income shares model to determine child support. This approach considers both parents’ incomes and the amount of time each parent spends with the child.

This means child support payments are calculated to reflect the percentage of total income each parent contributes to the household, aiming for fairness and shared responsibility.

3. Support Covers More Than Just Basic Needs

In addition to basic living expenses, Illinois courts may also order parents to contribute to:

Health insurance premiums and out-of-pocket medical expenses
Childcare costs
Educational expenses
Extracurricular activities

4. Child Support Is Enforceable

Failure to pay child support in Illinois can lead to serious consequences, including:

Wage garnishment
Suspension of driver’s licenses or professional licenses
Interception of tax refunds
Contempt of court charges and even jail time

The Illinois Department of Healthcare and Family Services (HFS) helps enforce child support, but legal representation can be critical in resolving disputes or ensuring compliance.

5. Support Orders Can Be Modified

Life changes, like a job loss, promotion, disability, or changes in parenting time, may justify a modification of your child support order. In Illinois, either parent can petition for a review or adjustment, but you’ll need to prove that a substantial change in circumstances has occurred.

How Masters Law Group Supports Families Year-Round

At Masters Law Group, our attorneys have extensive experience handling child support matters across Illinois. We help clients through every stage of the process, from initial filings to post-decree modifications and enforcement actions.

Our services include:

Establishing Child Support Orders: We work with both custodial and non-custodial parents to establish fair and accurate support agreements based on Illinois guidelines. If you’re facing a divorce or separation, we’ll make sure your child’s financial needs are fully addressed.
Modifying Child Support: If your financial situation has changed, or your child’s needs have evolved, we can help you petition the court for a modification that better reflects your current circumstances.
Enforcing Child Support: If your ex-partner is not paying their court-ordered support, we can help you take legal action to enforce the order and recover what’s owed.
Defending Against Unfair Demands: On the flip side, if you’ve been served with a child support order you believe is inaccurate or unsustainable, we’ll advocate for your rights and work to help protect your financial future.

Common Questions We Hear

Can child support be waived in Illinois?

No. While parents can agree on support terms, a judge must approve any agreement, and the court will always prioritize the best interests of the child. A parent cannot waive the child’s right to financial support.

When does child support end?

In Illinois, child support typically continues until the child turns 18, or 19 if they are still in high school. In some cases, courts may order contributions for college expenses or support for disabled adult children.

Do both parents have to work?

Not necessarily. Illinois law considers earning potential as well as actual income. A parent who chooses to remain unemployed or underemployed without a valid reason may be imputed income, assigned a theoretical income level for child support purposes.

Celebrating Progress During Child Support Awareness Month

This month isn’t just about educating parents; it’s about recognizing the work that goes on behind the scenes to ensure children are supported.

Here’s what Child Support Awareness Month also celebrates:

Professionals Who Make a Difference: We salute the caseworkers, attorneys, and advocates who work every day to establish, enforce, and improve child support systems.
Innovations That Improve Access: Many states, including Illinois, have modernized how parents apply for and pay child support. Online portals, automatic deductions, and digital record-keeping all help streamline the process.
Stronger Co-Parenting and Communication: Child support agreements don’t have to be combative. More families are using mediation and collaborative law to find solutions that work for everyone, especially the kids.

Take Action This August

Whether you’re just beginning a child support case or need help modifying an existing agreement, Child Support Awareness Month is the perfect time to act.

Talk to an experienced attorney: Get a clear understanding of your rights, responsibilities, and what your child is entitled to.
Review your existing support order: Are the terms still appropriate? Are both parties following the agreement? Are there new needs that should be addressed?
Keep communication open: Co-parents who communicate honestly and cooperatively tend to reach better outcomes for their children, and themselves.

Why Choose Masters Law Group

Navigating child support can be emotionally and legally complex, but you don’t have to go through it alone. At Masters Law Group, we combine compassion with unmatched legal expertise to help Illinois families move forward with confidence.

Our firm is highly respected for handling:

We serve clients across Chicago and the surrounding suburbs, offering tailored legal solutions and a deep understanding of Illinois family law.

Final Thoughts: Putting Children First

At its core, child support is about helping ensure that children receive the care and resources they need to grow, thrive, and succeed. Whether it’s August or any other time of year, the dedicated attorneys at Masters Law Group are here to help you navigate the complexities of child support with clarity and compassion.

Contact us today to schedule a confidential consultation and learn how we can help support your family’s future.

Disclaimer: This blog is for informational purposes only and does not constitute legal advice. If you need legal assistance, please contact the qualified attorneys at Masters Law Group. Our firm can help you handle your family law case in Illinois, including divorce, custody, and mediation services.

As family dynamics diversify, co-parenting is becoming increasingly popular. But this child-centered approach to parental separation has its own set of opportunities (such as consistency) and challenges (such as who is responsible for child support). Here’s what you should know.

Co-parenting is a form of parenting relationship in which the two parents are not involved romantically with each other, but assume the joint responsibility of the child. It can be described as any two people jointly raising a minor, irrespective of whether or not they are biological parents. But, in the majority of cases, co-parenting comes after a divorce, separation or a breakup involving a child.

After divorcing (or legally separating), working with your child’s other parent may be uncomfortable to say the least. But making the effort to cooperate with your co-parent makes things easier for everyone involved. Especially the child/children.

Navigating co-parenting is no easy feat and it can raise questions about the financial obligations of each parent. Let’s dive into the complex world of co-parenting and child support to learn more.

Co-Parenting in Illinois

In Illinois, co-parenting is commonly referred to as joint parenting. Joint parenting refers to an arrangement in which both parents share parental responsibilities and decision-making for the child. The purpose of joint parenting is to ensure that both parents remain involved in the child’s life and that the child’s best interests are always prioritized.

In order to establish joint parenting in Illinois, both parents must submit a parenting plan to the court. The parenting plan should include details about how parental responsibilities will be divided. It should also include decision-making authority, parenting time, and child support.

Child Support Orders

A child support order is determined by what is reasonable and necessary for the support of the child or children. It is presumed that the guideline support amounts represent the amount of support that is reasonable and necessary, unless it can be demonstrated to the court that circumstances exist that would make the guideline amount inappropriate.

Child support is utilized for the child or children’s expenses and looking at the best interests of the child or children to provide a stable home for the child or children. Some common expenses that are associated with child support are:

The child’s residence expenses such as mortgage or rent.
Utilities such as electricity, gas, and water.
The child’s educational expenses such as notebooks, pens, paper, books, sports fees, band fees, etc.
The child’s food expenses.
The child’s medical expenses. (Illinois Child Support Laws that went into effect on January 1st, 2022 requires that during child support proceedings parents must obtain or maintain health insurance coverage for their child or children.)

If you are concerned about how the court will calculate the child support amount and/or if you are concerned whether your child or children will receive the financial support they need, you should contact your trusted family law attorney.

Impact on Child Support

In Illinois, child support is calculated based on several factors. This includes each parent’s income, the number of children, and the amount of parenting time each parent has. When parents share custody in a co-parenting arrangement, child support is typically calculated differently than in cases where one parent has primary custody.

Under the Illinois Marriage and Dissolution of Marriage Act, when parents share custody, child support is calculated based on the “income shares” model. The amount of child support is calculated by determining the total cost of raising the child, and then dividing that cost between the parents based on their incomes. The amended income shares child support guidelines model became effective on January 1, 2019, signed into law as Public Act 100-0923 on August 17, 2018.

It’s important to note that in Illinois, child support obligations are not just financial. Parents who share custody in a co-parenting arrangement are also responsible for making sure their children’s emotional and physical needs are met. This includes the following:

Providing a stable and supportive home environment
Making decisions about education and healthcare
Facilitating communication between the child and both parents.

Co-parenting can be a rewarding and fulfilling way to raise children after a separation or divorce. However, it’s important for parents to work together to ensure that their children’s needs are being met, both financially and emotionally. If you feel your current situation and contract is unjust or incorrect, contact your family law attorney to discuss whether you are eligible for a modification of the order.

Modification of Child Support

In some cases, a parent may experience substantial changes to their financial situation that makes it challenging (or impossible) for them to pay the court-ordered amount of child support. In such cases, the parent can request a modification of the child support order.

To modify a child support obligation in Illinois, you must file a petition with the court that has jurisdiction over your case. The petition should explain the basis for the requested modification and the change in child support obligation you are seeking from the court.

Since the petition is for modifying an existing order, there is no need to have it served by a sheriff. Instead, you can serve notice of the petition through mail at the responding party’s last known address. Note that if the petition seeks additional court action besides the modification of child support, such as a change in parental time and responsibility, it must be served through certified mail at least 30 days prior to the hearing date.

It’s essential to remember that you cannot modify child support through self-help in Illinois. Even if the other party fails to comply with visitation rights, you cannot suspend child support payments without obtaining a court order.

If you find yourself in a situation where you need to modify a child support order, it’s always best to consult with a family lawyer.

How We Can Help

The options that come with parenting children after divorce or separation have drastically changed in recent decades. While it can be a blessing to many families who have separated on civil terms, it can be hard to navigate when animosity is present.

At Masters Law Group, we understand the laws and the court process inside and out, giving us the necessary knowledge and experience to ensure that your child is properly provided for.

For experienced legal help with your child support orders, parenting time, and more, contact us today to set up a complimentary consultation.

Tag Archive for: child support modification

Child Support Awareness Month: What You Need to Know