THURSDAY, JUNE 25, 2020 | SERVING CHICAGO’S LEGAL COMMUNITY FOR 164 YEARS | CHICAGOLAWBULLETIN.COM VOLUME 166, NO. 103 Courts sees influx of child support modification requests With the current COVID-19 defined by Section 510 of the ployed due to COVID-19 or pandemic, mundane issues Illinois Marriage and Dissolu- benefit from the same relief such as support modifications tion of Marriage Act allows for as the payor spouse. have gained greater attention modification of support The next phase is Phase 4 in our new world. Fear orders upon showing of a which would allow gatherings pushed many support payors substantial change in circum- of 50 people; bars and restau- to file for support modifica- stances. 750 ILCS 5/510. A rants will be allowed to have tions as the uncertainty of our substantial change in circum- indoor seating; theaters and economic climate will have an stance may range from an performing arts spaces will be everlasting unknown eco- economic change to a situa- allowed to open, with limits; nomic effect. tional change. MODERN retailers will be allowed to As of June 5, the Depart- For example, the loss of FA M I LY open with capacity limited; ment of Labor announced permanent employment, and schools, summer pro- that the unemployment rate reduction in pay, furlough, or grams and child care are CHIMENE GRANADOS currently sits at 13.3 percent reduction in hours may qual- allowed for in-person instruc- for May. However, as of June ify as a substantial change in tion; and all outdoor recre- 3, Mayor Lori E. Lightfoot circumstance. In fact, eco- ation is allowed. Once we are allowed Chicago to move into nomic reversals as a result of CHIMENE GRANADOS is an able to move into Phase 4 Phase 3 as the rest of the state change in employment or associate at Schiller later this week, there may be had already done. Even bad investments, if made in DuCanto & Fleck LLP. She a higher likelihood of jobs though restrictions continue good faith, may constitute a focuses her practice on emerging and sustained during Phase 3, it allows for material change in circum- complex business financial employment for the future. an increased amount of non- stances sufficient to warrant a issues and assists clients Once it is determined to file essential businesses to open modification of a support with all aspects of for a support modification, with specific safety guide- order. In re Marriage of Gos- dissolution of marriage. then one should request for lines. As Illinois continues to ney, 394 Ill. App.3d 1073 (3d temporary as well as perma- reopen and allow for a sense Dist. 2009). However, courts run the gamut. nent relief such as abatement of normalcy back into every- have also found significant When determining the best of support or downward mod- day lives, the question business losses may not con- route for a client, one must ification. A court may order becomes, should unem- stitute a substantial change in look at the entire picture and abatement of support for cer- ployed or furloughed payors circumstances warranting a long-term effect this may tain period of time. An abate- nevertheless file for child sup- change in support. In re Mar- have. As the economy begins ment occurs when the court port modifications? riage of Deike, 381 Ill.App.3d to reopen, one must be aware orders for child support be As expected, there has 620. of the reopening guidelines set to $0 or not be collected been an increase in support As of now, we do not know as dictated by the state, the for a certain period of time. modifications filed as people the lasting effect that the client’s area of business, their Prior to 2010, Supreme Court have either lost their jobs or COVID-19 pandemic will have total economic circumstances Rule 296 allowed for child were furloughed without an on our economy and whether including any unemployment support to accrue during the end in sight. A support modi- courts will view this as a tem- benefits they may have period of abatement. How- fication may provide relief in porary situation that has a received, mortgage and loan ever, Supreme Court Rule the short-term or long-term definitive end or if it is a cir- payment deferrals. As one 296 has been repealed, and depending on the circum- cumstance that will have per- examines the circumstances no new rule has replaced stances; those surrounding manent and lasting effects on of their own client, one must the prior rule regarding the requesting party’s as well a payor’s ability to pay sup- look at the same circum- abatement. As such, during as the non-requesting party’s port without sacrificing their stances surrounding the non- the period of abatement, circumstances. ability to also support them- payor spouse as they could child support will not accrue Support modification as selves. Remedies, if any, may also have become unem- nor interest be applied. Copyright © 2020 Law Bulletin Media. All rights reserved. Reprinted with permission from Law Bulletin Media.However, the court will must be aware of the poten- the COVID-19 situation and of Chicago regulations when order for child support to be tial risks that also coincide effect resolve themselves. it comes to opening as well as set once the period of time with this order. If the client In conclusion, even though keep a pulse on how the is up by looking at the cir- becomes employed again at the world is unaware of the economy overall may be cumstances that surround the similar or substantially lasting impact COVID-19 will opening. By staying both the payor and the non- higher rate of pay, then this have, one must look to all informed, attorneys will be payor. allows for the non-payor to possible outcomes when able to give proper advice for However, if the court request another modification determining the best route clients to make the best deci- decides to order permanent for an increase in support. In for their clients. All attorneys sion when determining relief in the form of down- the end, there may be a vol- must stay continuously whether or not to file for ward modification, the client ley of pleadings filed until informed of the state and city modification of support. Copyright © 2020 Law Bulletin Media. All rights reserved. Reprinted with permission from Law Bulletin Media.
Jul 02, 2020
Court Sees Influx of Child Support Modification Requests
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