Can I Demand More Child Support if My Ex Gets a Raise?

 Posted on September 26,2024 in Child Custody / Parental Responsibilities

One of the most contentious issues that comes up during divorce proceedings between parents is how they should address child support payments. People are naturally anxious about managing their finances when they need to handle all their expenses as a single-income household. Understanding how serious a child support decree is for both parents, the court will only decide how much payments should be after considering information about each parent’s financial situation and the child’s needs. 

However, any agreement reached will be based on the facts at the time of the divorce. If the situation has changed - for example, if your spouse pays you child support but has gotten a significant raise, and you want to know whether you can get increased payments - speak with a knowledgeable Cook County, IL divorce lawyer.

Does Higher Income Mean More Child Support?

Divorce settlements are formulated based on the couple’s circumstances when they are getting their divorce. But life is full of surprises and the situation during divorce proceedings will not necessarily remain the same years later. If your ex is required to pay you child support payments, which are calculated based on his income from when you settled your divorce, what happens if he gets a promotion and a significant raise?

While Illinois courts tend not to modify any child support arrangement within the first few years, a "substantial change in circumstance" could be considered a reason to change it. There is no definition of what would constitute "substantial" for this purpose, although it is safe to assume that a $100 monthly raise may not be reason enough to change the payments you receive while a $10,000 monthly raise probably would.

Keep in mind that both parents are free to petition the court for child support modifications. If your ex pays you a certain amount in child support and then finds out that you got a significant raise, he can request a modified, lower payment with the argument that you can take on a larger share of the child’s expenses now that you are earning more money.

Schedule a Free Consultation with a Cook County, IL Child Support Attorney

If your ex got a raise at work and you want to know if that means you can seek higher child support payments, ask an experienced Chicago, IL divorce lawyer. At The Law Office of George J. Skuros, we are dedicated to helping children and families get their best outcomes. Call us at 312-884-1222 to schedule a free consultation.