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Will My Promotion at Work Affect My Child Support Payments?

By Nottage and Ward on August 29, 2019

So, you finally got that promotion you’ve been working toward. Congratulations! The hard work and dedication to your career has paid off once again. Now, you have a nice new position, and (we hope) a hefty raise to go along with it. However, once the dust has settled and you’ve had enough time to revel in your achievement, perhaps a question popped into your head. It’s one that many divorced parents face when they find themselves in a similar position: “Will this promotion affect my child support payments?”

If you find yourself contemplating this question after a milestone moment, don’t worry! The State of Illinois has rules and regulations that serve as guidelines as to how and when child support payments can be renegotiated or adjusted.

Under What Circumstances Can My Child Support Payments Be Modified?

In Illinois, child support orders can be administratively reviewed and potentially modified if the Division of Child Support Services (DCSS) finds the following to have occurred:

• At least three years have passed since the establishment of the order or the last modification review.
• There is a substantial change in the non-allocated parent’s income.
• The order does not address healthcare coverage for the child or children in question.
• A written request for a review is received by DCSS from the allocated parent, non-allocated parent, or another state.

Additionally, you can seek a modification of child support in court by filing a Motion to Modify Child Support. When filing in court, you must allege and prove that there has been a substantial change in circumstances.

Meaning, if your promotion has a hefty raise attached, you may be on the hook for increased child support payments. In Illinois, child support can be increased or decreased based on a change in income for a divorced or non-allocated parent. This serves to ensure that the child or children in question are getting the support they are legally entitled to from the non-allocated parent. However, these rules also protect the non-allocated parent from being stuck with high payments if he or she receives a noticeable involuntary decrease in income.

Certain child support agreements require individuals to notify DCSS and the allocated parent whenever a substantial change in income occurs. This allows the allocated parent and DCSS to see if your child support agreement qualifies for a modification review. The review process allows DCSS to determine if the change in income is substantial enough to result in an alteration to the amount of child support payments you are required to make.

Talk to Our Illinois Child Support Lawyers

Here at Nottage and Ward, LLP, our Chicago-based child support attorneys have years of experience negotiating agreements for our clients. Our dedicated legal team is focused on attaining the best possible arrangement for you and your children. For over 31 years, our firm has provided top-class legal counsel and representation to families in need.

We know negotiating child support is nerve-racking for every member of the family. Nottage and Ward, LLP, is here to help the process go as smoothly as it possibly can. If you are concerned about a potential renegotiation of your child support agreement, or are curious to know if your current agreement is fair, call us at (312) 332-2915. Our veteran family law attorneys are waiting to hear about your case and would be happy to answer your child support questions.