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Our Naperville child support attorneys explain recent laws that impact child support payments in the following companion article.
Under the new "income shares" model of child support, a parent's child support obligation is determined based on his or her "net income" relative to the net income of the other parent. In "shared parenting" situations (i.e., each parent has custody of the child for at least 146 overnights per year), the amount of time that each parent spends with the child is also a factor in determining the child support obligation.
In this supplemental article, our Naperville child support lawyers explain modifications to child support judgments in Illinois.
In order to modify a child support obligation in Illinois, the party seeking to modify the obligation must demonstrate a “substantial change in circumstances." To move forward with this legal process you must file a petition to modify child support. However, vested child support obligations (meaning payments that are already past due) may not modified without agreement from the other party.
Our Naperville child support lawyers explain how Illinois courts determine child support when one or both of the parties have a varying income (with overtime, bonuses, etc.).
In short, child support can be calculated using an historical average of the income, with a base child support amount supplemented with an additional monthly amount.