Google Chrome, Currently, the relevant statute that addresses the payment of these post-highschool educational expenses is in 750 ILCS 5/513. Stay up-to-date with how the law affects your life, Name Whether your children are young, college-bound, or already attending college, a divorce judgment will address the payment of post-highschool educational expenses. Normal circumstances include absence of disability or agreement between parents to continue the support past what is known as the age of majority or 18 years of age. The timing of filing a petition for contribution to post-education expenses is important, so if you have questions on this topic, you should contact a lawyer to discuss your options as well as filing deadlines. However, we think that in this case, appellant was put on due notice by the filing of the petition … These reviews are meant to ensure that child support orders comply with the state's laws and changing circumstances. Are you a legal professional? In deviating, the factors a judge may consider include: extraordinary medical expenditures necessary to preserve the health or life of the parent or child; additional expenses incurred for a child who has special medical, physical, or developmental needs; and any other factor the court deems appropriate. However, even if college is years away for your children at the time of your divorce, you still should rely on experienced attorneys to help you craft language in your settlement agreement that protects you and your children in the future. Filed Under: Child Custody, Legislation, New Case Law. Although it is not always easy to obtain an Illinois child support modification, there are circumstances which occur in a child or parent’s life that may require a change in child support. It's important that your child support payments are the right amount to support the care of your child. A judge may deviate from the basic amount if it serves the best interests of the child. According to Illinois State Code, child support orders enacted before July 1, 1997 have a statute of limitations of 20 years. Whether you will be paying or receiving child support, the experienced divorce lawyers at Rosenfeld Farmer can create a persuasive argument and exhibits to help the judge see why your proposal for the child support amount is both reasonable and in the children’s best interest. Many people believe that once their divorce is final, all orders regarding child support, parenting time, and allocation of parental responsibility are final as well. When couples divorce, the court issues orders regarding a variety of financial matters, including any applicable child support. Child support laws in Illinois will change July 1, 2017, which will result in a different calculation for child support orders on or after that date. It is a common knowledge that a child support order ends, in normal circumstances, when a child reaches the age of 18. 815.338.9401, Click here for an in depth discussion of the In re Marriage of Salvatore Decision, Increase in Potential Income Anticipated Circumstance, Modification not likely* (No specific case law, but see. This model works on the principle that both parents have an obligation to support their children, and that children of divorce should benefit from the same amount of support they would have enjoyed if their parents were still living together in the same home. In Illinois, a child support order can be issued through a judicial or administrative process. The Court will also consider a child’s financial resources (including college savings type accounts) when allocating college expenses. A parent’s gross income – meaning income from all sources – could be reduced if they are paying to support children from another relationship (e.g., a previous marriage). In medium to high-income cases involving shorter to medium term marriages, historically maintenance has not been generous to the recipient. The email address cannot be subscribed. increases in the cost of living or needs of the child; increases or decreases in the financial ability of the parent ordered to pay or the parent receiving the payment; changes in the parenting time and custody; changes in the child's resources (i.e. In many cases, drastically reducing child support that may be occasioned by a substantial but relatively small reduction in income, may have a devastating impact on the family unit. This site is not designed to provide legal advice nor establish a client/lawyer relationship. As children grow and change, so do their needs. | Last updated May 29, 2018. The Statute of Limitations on Child Support in Illinois. 510(a).) Gross to Net Income Conversion Using Standardized Tax Amounts. A child may become an adult in the eyes of Illinois law at age 18 but you child support doesn’t necessarily end on that birthday. The Illinois Department of Healthcare and Family Services (HFS), Division of Child Support Services (DCSS) conducts modification reviews of child support orders to ensure child support awards are in line with Illinois law and changing circumstances. The chart below provides you with a helpful overview of child support modification laws in Illinois. The court generally has broad discretion to decide if there's been a substantial change in circumstances. These circumstances are: *This only applies to instances when the child support enforcement is done by HFS and only if it's been at least 36 months since the order was last entered or modified. This may involve seeking information as to each party’s ability to pay and what the actual costs are.