Any divorce settlement involving one or more children inevitably contains provisions on the payment of child support. Laws vary from state to state, but a common way to determine the amount of a monthly allowance is to use a formula to find a number – for example, a parent of two children in Illinois with an annual income of $ 78,000 a year Jahr is expected to put 28 percent of that income into child support, with the court demanding $ 1,820 in child support each month.

While child support appears to be a function of income, the value is actually a fixed amount. Changes in income, whether positive or negative, cannot instantly change this number. How does a change in income affect child support? It’s far from being instantaneous or automatic. Let’s take a closer look.

Income increase

Getting a raise at work doesn’t necessarily mean you’re paying more into child support. A 5 percent pay increase, which, to repeat our example, would cause your annual income to rise to $ 82,000, would not necessarily increase monthly payments to $ 1,913 per month. However, once an income change goes beyond a 15 percent increase over the agreed terms, payments may actually experience some changes. We’ll explain later.

Decline or loss of income

Just as an increase in income does not automatically carry over to payments, a reduction in salary or overall loss of income does not release a parent from paying the necessary child support. A parent must go to family court to request a temporary restriction of responsibility due to a change in circumstances. However, maintaining this cut is not something that can be taken for granted. If a judge believes this change in income was voluntary, the court cannot allow the request. The court can even recognize certain grounds for dismissal, such as disobedience or omission, as voluntary loss of work. If the decline was due to circumstances beyond the control of parents, such as mass layoffs, the judge would likely approve a temporary reduction in obligations.

What Parents Should Do

Communication is always the key. As a change in income can affect child support, parents should keep in touch with each other and, if necessary, with the court about these changes. An important intervention case is the significant increase in one parent’s income, as mentioned above. A significant increase in annual income – about 15 percent or more – is a compelling reason to update a maintenance contract. In the best interests of the children and their future, the court will likely require an appropriate increase in monthly payments so that they can enjoy the improved circumstances they deserve.