It is possible to modify a finalized child custody and payment, but the situation of one or both of the parents must be met before it can be considered. Illinois strives to ensure the safety and comfort of the child first, then to ensure that the care is not an undue burden on the parents. The requirements for a modification follow this prioritization when a child custody request is made.
Illinois also strives to make it easy to understand the types of life changes that justify a modification to an existing agreement. However, it is not always as straightforward as it appears. Every case is different. Child custody lawyers can help answer questions and help in the analysis of each particular case to see if it is likely to qualify.
Three-year Review Period
Every case may be reviewed after it has been in effect for three years. No major life events or financial changes are required to initiate this review, although there will likely need to be several changes to justify a modification. If enough has changed financially for one or both parents, it is possible that the child custody agreement may be modified.
Significant Financial Changes
The majority of modifications stem from significant financial changes. Following a significant financial change (such as a raise or unemployment), a child custody may be modified, regardless of how long the agreement has been in effect. Any shift in earned income that results in earning either 10% more or less than was earned at the time of the settlement may result in a modification.
It is also possible to request a modification because of changes in health care coverage.
Significant Life Change
Major life changing events may also justify a modification. If the child suffers an ailment or injury and requires more support, a modification may be requested. It may also be justified if the child either no longer lives with the spouse receiving payments or reaches 18 and is no longer in high school,
The Newest Child Support Law
The child support law effective as of July 1, 2017, will play a factor in any modification to an existing decree. However, the change cannot be the sole justification for making a change. The case must meet the other requirements before the new changes will be considered in child support payments.
Child custody lawyers can help determine the likelihood of a successful modification on a case by case basis.
