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Can my child support be modified?

Illinois parents who are paying or receiving child support often wonder whether the amount can be changed and how to go about doing so. This is one of the most common family law issues that is in dispute. Both the custodial and the supporting parent should understand that it is possible for there to be a child support modification. There are certain criteria that must be met to modify the order.

The modification review is conducted by the Illinois Department of Healthcare and Family Services, Division of Child Support Services. The circumstances of the parents and the state law are integral when determining whether the order should be modified. The DCSS will deal with child support and health care. The courts will deal with DCSS modifications. At least once every three years, the parents are informed that they can request a review.

There are three criteria for a review. They are the following: at least three years have gone by since the order was established or there was a previous review; there was a substantial change in the income of the noncustodial parent; the order does not deal with healthcare for the child; or the request for a review was received by DCSS from either parent or another state.

If there is a review, the results can be the following: the amount stays the same; there is an increase; there is a decrease. Parents who disagree with the results of the review have the right to ask for a redetermination, go to court to contest the amount ordered or request an administrative hearing. Parents who are either paying or receiving child support should be aware of how modifications are handled. Speaking to an attorney who is experienced in all aspects of family law can help with a case.

Source: Illinois.gov, "What You Need to Know About the Modification Review Process for Child Support Orders," accessed on April 25, 2017

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