We are now in the midst of the COVID-19 pandemic. Fortunes are falling for most, stable for many but rising for some. None of these events effect your child support, however, unless and until you go to court.
If you are paying child support and/or maintenance and lost your job . . . that constitutes the significant change in circumstances necessary for your child support and/or maintenance to be modified or abated.
The earliest your obligation can be modified is the day when your Motion to Modify is filed with the Clerk of the Court and presented to your ex, so you have every incentive to run to the Courthouse. But wait . . . what happens if you are only off work for 60 days? Then the best you can do is get a 60-day reprieve.
If you are receiving child support and lost a job and the needs of your child have increased you may be entitled to an increase in child support.
If your ex has received a significant increase in income and the needs of your children have changed, you may be entitled to an increase in child support.
What Are Some Reasons for Modification?
As life goes on, everyone faces ups and downs. Parents can run into any number of issues that may qualify for a change in child support. These reasons may include:
- Either parent’s income has increased or decreased significantly.
- The child’s medical or educational needs have changed and become more or less expensive than in years past.
- A change in either parent’s work schedule requires that the child be cared for by a daycare center or babysitter, and these costs must be divided between the parents.
Those are just a few situations that could warrant a support modification. An attorney can help you determine whether you have reason to file a request for a change.
How Does the Process Work?
In order to pursue a support modification, you will need to file the proper Motion. This will result in you and your ex having to exchange financial information so the comparative income analysis can be applied.
Even during the COVID-19 pandemic the Court are open for online litigation and especially for the entry of Agreed orders so cooperation and good co-parenting is mor evaluable than ever.
Even if you and your co-parent do agree on a modification, it is always wise to complete the process of having your divorce decree modified by Order of Court. Oral out of Court Agreements are discouraged and problematic. In the future, one party may decide not to follow through on the agreement if he or she is not legally bound to do so. You can seek legal counsel on how to properly file a petition for modification with the court.
Call an Experienced Wakenight Attorney for Help with Divorce and Family Law Finances
The attorneys at Wakenight & Associates, P.C., can help you through the process of modifying your child support agreement. A knowledgeable Cook County child support attorney will be able to determine whether you are eligible for a modification and walk you through the process of filing a petition with the court to modify your support amount.
COVID-19 has forced us to work remotely. We are available for video conferencing, however. Our corporate phones are now in our homes and we have several numbers where you can reach us: 708.848.3159 or 815.727.6144 or 630.852.9700. Our experienced attorneys can help you. We welcome your questions and calls.
