“I am still paying child support though the children are living with me and the custody arrangement has changed. Do I have to continue paying?”
When the court issues a child support order and custody order, it is based on the facts and circumstances presented to the court at the time the order was signed. Unfortunately, life events often cause circumstances to change. Children grow up, parents change jobs, parents relocate, or the medical needs of one of the parties changes. Regardless of the reason, there will be times when custody arrangements change. When this happens, the parent who was paying child support may now have the children more often or even on a full-time basis. If this is the case, the parent paying the child support payments may need an order modifying child support to reflect the new custody arrangement.
Can I Stop Paying Without an Order Modifying
No, you cannot stop paying your support payments without an order from the court modifying child support. While child support is based in part on the custody arrangement, you cannot stop paying the payments because you and your spouse have voluntarily decided to change the custody arrangement. You are legally required to continue your child support payments until the court issues an order modifying child support. Likewise, your spouse cannot voluntarily release you from the obligation to pay child support simply because he or she has agreed to a change in the custody agreement.
How Do I Get an Order Modifying Child Support?
In order to end your child support obligation, you must file a petition with the court requesting an order modifying child support based on a change of circumstances. It is your responsibility to petition the court when the custody arrangement changes if you are the parent paying the child support. If you stop paying your child support payments without first receiving an order modifying child support, you will be in contempt of court and you could face severe penalties for violating the child support order.
Filing a petition requesting an order modifying child support is a fairly simple procedure that our office handles on a routine basis for clients. The key element is that a change in the custody arrangement has caused a change of circumstances that warrants modifying child support. Our attorneys can walk you through the process and discuss any unique circumstances that may apply in your case during your consultation. Do not risk a contempt of court charge for failing to pay child support. Schedule a consultation with our office to discuss filing the necessary documents to obtain an order modifying child support.
Contact Our Office for a Consultation with an Experienced Illinois Custody Attorney
The family law attorneys of Pioletti & Pioletti represent individuals who need help with divorce, custody, alimony, child support, property division, and other family court matters. We assist clients throughout McLean, Woodford, Tazewell, and Peoria counties by providing compassionate, competent legal services. Contact our office at 309-938-4838 to schedule your free consultation.
When you need the assistance of an experienced child custody lawyer in central Illinois, call Pioletti & Pioletti. We are dedicated to providing our clients with exceptional service and support.
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