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posted on 4/11/16

Modern Illinois is a mobile society. On average, most people relocate twelve times, or roughly once every four years, during their adult lifetimes. Since many of these moves are job-based, both custody and support modification is probably in order.

In these instances, many people rely on “side agreements” rather than modification orders. Sometimes these agreements are oral, and in the immortal words of Samuel Goldwyn, “an oral contract isn’t worth the paper it’s written on.” Other agreements are text message exchanges or email strings, and these agreements are usually not enforceable either – although they may be admissible as evidence of intent – because there is typically no mutuality, meaning that both parties agreed on the same thing at the same time. At any rate, all non-court orders are inadmissible in family court.

In a similar vein, child support side agreements are also not enforceable in family court. In Title IV enforcement proceedings, the state always wants the maximum amount due, regardless of circumstances. There are stiff penalties for failure to pay support, including driver’s license suspension, probation, and jail time.

Fortunately for these families, recent amendments to the Illinois Marriage and Dissolution of Marriage Act have streamlined the modification process in many cases.

Modifying Parental Responsibilities

In most cases, these actions are subject to a two-year waiting period. But that restriction can be bypassed if the children’s present living environment “seriously endangers” their mental or physical health, or the environment “significantly impairs” their emotional development.

The waiting period can also be waived if both parties agree to the modification; the moving party does not have to show a substantial change in circumstances. Streamlined modification is available if:

  • Best Interest of the Children: The judge has final say in these matters, but most courts approve agreements between the spouses if they have been abiding by the terms for at least six months.
  • Minor Modification: This phrase is not defined, but usually means typographical errors and other such items.
  • New Evidence: For example, a court would not have granted full visitation to Father if it knew that he was under indictment for child abuse.

After two years, parental responsibilities can be modified if there has been a substantial change in circumstances and the requested change is in the best interest of the children.

Child Support Modification

The legislature made a few changes in this area as well, though it did not get an extensive overhaul. Child support orders may be modified if:

  • Changed Circumstances: Courts nearly always modify child support payments if the change is permanent and was wholly unanticipated when the prior order was rendered.
  • 20% Income Change: The court will automatically modify payments in these circumstances, if a parent is receiving DHFS services and the prior order is at least 36 months old.
  • Health Need: If the children’s insurance must be changed, for whatever reason, the court may enter appropriate orders.

Any job-based modification must be made in good faith. An obligor cannot quit work or accept a lower-paying job for the purpose of reducing a child support obligation.

Contact Assertive Attorneys

When life changes occur, contact the experienced Schaumburg family law attorneys at Glasgow & Olsson for a confidential consultation. After hours appointments are available.