There is no denying that many families right now are having a more difficult time making ends meet. Food prices, gas prices, utilities, and the price of all kinds of products have increased. According to the U.S. Bureau of Labor Statistics, the Consumer Price Index increased 6.5 percent for the 12 months ending December 2022.

While these increasing prices can be difficult for all families, single-parent households are often particularly hit harder. If the parent is receiving child support from another parent, are they able to request a modification in that child support to help cover these rising costs? Is inflation a basis for modification?

Child Support Modification

Under Illinois family law, a parent may file for child support modification every three years or if they have experienced a significant change in circumstances. In some cases, there is an automatic cost of living adjustment (COLA) for the child support amount. This usually only applies to child support that is paid through the Support Collection Unit (SCU). In order for an annual COLA to take place, the child support order must have been in effect for at least two years.

When a marriage dissolution is finalized, a divorce decree is drafted. A divorce decree is a legally binding document that expresses all decisions made in a divorce arrangement, including custody arrangements, property division, and spousal maintenance. The court enforces a divorce decree, and must be upheld by both parties. However, individuals can make changes within a divorce decree when necessary. 

Requesting Additional Child Support 

It is not uncommon for parents to require more child support after the initial divorce decree is finalized. Lifestyle changes following a separation or divorce can drastically affect a parent’s ability to provide for their children. For example, a mother may have been able to support her children with the child support amount expressed in the divorce arrangement, but she recently finds herself unemployed. In this case, the mother must request more child support from the state. 

When Can I Modify My Divorce Decree?

Divorce agreements are eligible for modifications every three years. The court reviews these modifications to adjust legal documents to best fit a family’s current lifestyle. However, a decree modification can be requested before the three-year mark when there is a significant need for reevaluation.

While divorce is difficult for most couples, it can be especially challenging for parents who share children. There are many considerations, such as child support payments, custody, and visitation arrangements. However, parents feel blindsided when unexpected expenses pop up after the divorce is finalized. If you and your partner share custody of the children and are equally invested in them financially, emotionally, and physically, extracurricular costs could pop up from time to time. Here is a list of five unexpected expenses parents may have to split following a divorce. 

College Tuition

In Illinois, age 18 deems a child an adult, as long as the child has graduated from high school, meaning parents are no longer required to support them financially. However, like many laws, the end of child support payments comes with a catch. Parents often have to extend child support payments throughout a non-minor child's post-secondary education. Illinois courts require parents to pay for a child's educational wellbeing, including their college tuition and expenses. For example, parents will have to cover the costs of attendance, rent, and essentials for the college child.

Tutoring 

Like college, parents must pay for a child's educational wellbeing. Parents may be asked to provide financial support if a child needs extra help in a particular subject or requires tutoring for standardized testing. When parents share custody and are equally invested in their child's future, child expenses, including tutoring, will be split between parents. 

For unmarried and divorced parents, child support is a vital source of financial assistance. Illinois child support usually ends when the child becomes an adult and finishes high school or college. At this point, the child is considered old enough to provide for his or her own financial needs. However, some children require financial assistance beyond childhood. If your child has a disability, you may be able to get child support even after he or she is an adult.

Child Support for Children With Disabilities

If your child has a disability, he or she may not be able to reach the same level of financial independence as a child without a disability. This can place a major financial burden on the child and the child’s parent. Fortunately, parents of disabled children may be able to extend child support past the typical cut-off point. This can help the parents cover child-related costs such as housing, in-home care, medical costs, and more.

What Counts as a Disability for the Purposes of Non-Minor Child Support?

You may be wondering what types of disabilities qualify a child for extended child support. Per Illinois law, a disabled person is one who has a mental or physical impairment that “substantially limits a major life activity.” You will also need to show that there is a medical record of this disability. Furthermore, the disability must have occurred before the child reached the typical child support cut-off age. Intellectual disabilities like autism, physical disabilities such as blindness, and mental health conditions such as bipolar disorder may all qualify for extended child support.

A university education can set up a young person for long-term career success. Unfortunately, college is also increasingly expensive. The average cost of just one year of college education in the U.S. is over $35,000. Out-of-state colleges and private colleges can be even more expensive. If you are a divorced parent or you are considering divorce in the near future, you may wonder how these costs are addressed. Is college included in child support payments? Are divorced parents required to split the cost of a university education? Read on to learn more.

Educational Expenses for a Non-Minor Child

When parents are unmarried or divorced, one parent may be required to pay child support to the other. These payments help the parent with the majority of the parenting time cover housing, education costs, childcare, and other child-related expenses. A parent’s child support obligation typically terminates once the child grows into an adult. However, it is possible for child support to extend past the child’s 18th birthday. In an Illinois divorce, parents have the opportunity to petition the court for non-minor child support to cover college expenses like tuition and housing.

How Much Does Each Parent Pay?

If parents cannot reach an agreement about how to finance their child’s university education, the court may step in and decide for them. The court will consider both parents’ income, property, and overall financial circumstances. The student’s own financial resources, including income from a part-time job, scholarships, and grants, are also factored into the court’s decision. The standard of living established during the marriage and the child’s academic success can also play into the court’s decision.