Receiving a big promotion is exciting news because they mean you are advancing in your career and earning more money. However, that big promotion that means a big bump in income may also result in a big bump in your child support payments. Illinois allows for modification of child support payments for several reasons, including a substantial change income. If you are expecting a big promotion soon, you may want to consult your Illinois child support attorney to discuss what the change in income may mean for your child support obligations.
The court can order an increase in child support obligations if the financial position of the obligor parent (parent paying child support) improves. A big promotion that results in a pay raise could be considered an improvement in financial position.
Even if your spouse does not find out about your change in income, the Illinois Department of Healthcare and Family Services periodically reviews child support orders. At least once every three years, parents are notified that they have the right to request a review of their child support order and the process for requesting a review. Your spouse could request a review of the order during one of these routine reviews and your child support obligation could change.
Your spouse could also petition the family court at any time requesting a modification of child support based on a substantial change in circumstances. Even though your child’s financial needs may not have changed since the initial child support order was entered, your increase in income could be sufficient to trigger a modification of child support payments.
Your spouse must prove that there was a substantial change in circumstances that justifies an adjustment in child support payments. By filing a petition requesting a modification of child support, your spouse is entitled to updated information regarding your income, which includes your pay increase that came with your promotion. The court reviews financial information for both parents to determine if an adjustment in support payments is justified.
If the court determines that your child support obligation should increase, it can order an increase in payments retroactive to the date of the petition for modification. The increase in child support is not retroactive to the date of your promotion.
If you receive a petition for modification of child support payments, contact an attorney immediately to discuss your options. An attorney can help you take steps to ensure that you are not paying more than your fair share of the child support obligation. Your attorney carefully reviews your financial statements and your ex-partner’s financial statements for accuracy and ensures that the court utilizes applicable laws and guidelines when calculating your child support obligations.
Do you have questions about child support payments in Illinois? Contact the Illinois child support attorneys at the Goodman Law Firm today to discuss your situation. Being proactive is one of the best ways to protect yourself and your child.
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