Do I Need to Pay More Child Support if I Get a Raise?

 Posted on October 30, 2024 in Child Support

When a couple is ready to end their marriage, they work on reaching a settlement to outline what is expected of both spouses after they finalize their divorce. Naturally, the agreements they reach are based on their situation at the time of the divorce proceedings. Like everything else in life, those situations can change.

One major divorce issue that can be affected by changing circumstances is child support. If the paying parent gets a promotion with a significant raise, will that increase in salary go straight to his or her ex in the form of child support payments? To learn more, speak with a knowledgeable Chicago, IL divorce lawyer.

Can I Be Forced to Pay More Child Support?

In Illinois, a child support agreement can be reviewed at the non-paying parent’s request. A review alone does not mean the child support order will be modified. One of several conditions needs to be demonstrated in order for a modification to be granted:

• One of the parents’ incomes has seen a significant change

• It has been at least three years since the child support order was issued or last modified

• The child has developed new needs resulting in new costs that are not addressed in the original child support order.

It is important to remember that, unless your agreement does not state that any changes in employment or income need to be reported, you have no obligation to inform your ex of your new salary.

What Should I Do After I Get a Raise?

The short answer is that you do not need to do anything. Unless your agreement states otherwise, you do not need to disclose your new salary to your ex and you should not make any changes to your payments unless ordered by the court to do so. Not all raises are considered significant enough for a child support order modification. Even annual raises are not necessarily enough, especially if they are based on a cost-of-living adjustment.

However, after several years of getting an annual raise, a review of the child support order might find that you should be paying more. If your ex requests a review, be forthcoming with whatever information the court requests and then wait for the court to decide how to move forward.

Can We Work This Out Outside of Court?

While you might think you are being more cooperative by working out a new agreement informally without going to court, it is always best to do everything on record through the court. If you do not have a formal agreement or any way to prove that you have made a new arrangement together, you can be blamed in the future for not paying fairly. Without a formal record, you might be required to pay more than what is reasonable at your next child support order review. If your ex finds out that you got a raise and asks you to pay more in child support, insist on this being addressed in court.

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

If you got a raise and are worried about how that might affect your child support payments, speak with an experienced Rolling Meadows, IL family law attorney about your options. Your raise might not be enough for a modification, and The Law Offices of Curtis Bennett Ross, L.L.C. can advise you on what information to disclose and when. Call us at 312-984-1514 to schedule a private consultation.