An Illinois Motion to Terminate Support is a legal motion used in Illinois family law to terminate a court's order of child support or spousal maintenance. This motion can also be used to modify a court's order of support that is already in effect. There are two types of Illinois motion to terminate support: voluntary and involuntary. A voluntary motion is one that is filed by the paying party, while an involuntary motion is filed by the receiving party. The motion must provide details of the reason for the termination, such as a change in financial circumstances, the death of the receiving party, or the emancipation of the child receiving support. The motion must also include evidence to support the motion. Upon filing the motion, the court will determine whether to grant the motion and terminate the support order.
Illinois Motion To Terminate Support)
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FAQ
A change of circumstances refers to the showing required by a party seeking to modify a prior child support, spousal support, or custody order. Generally, the change in circumstances must be substantial in nature and due to facts that were unknown or unanticipated when the prior order was issued.
Substantial Changes in Circumstance and Spousal Maintenance Courts might modify the award if a dramatic decrease to the payor's income occurred in good faith. The circumstances that can modify maintenance, generally, involuntary reductions, such as a layoff or disability, or an otherwise good faith change.
Common ?substantial changes in circumstances? may include: a loss or gain of employment, a sudden change in either party's finances, a relocation of the parties or children, a death, a change in the child's wishes, etc.
Parental rights can only be terminated on the basis of ?unfitness? through either an adoption case or a juvenile case initiated by the state. The typical scenario in an adoption case is when one of the biological parents has remarried and the new spouse would like to adopt the child.
Age of Majority in Illinois Based on State Law In these instances, paying parents can't simply stop payment once the child reaches the age of majority. Instead, the parent must appeal to the court to make modifications to the order so it carries a specific date on which to end.
An order for support is eligible for a modification review every three years, or when there is a significant change in the needs of the child or the non-custodial parent's income.
Parenting time may be modified at any time, without a showing of serious endangerment, upon a showing of changed circumstances that necessitates modification to serve the best interests of the child.
Can You File a Motion to Reconsider a Child Support Order? Illinois law 735 ILCS 5/2-1203(a) allows you to file a motion to reconsider within 30 days of the judge's decision in a non-jury trial. Nearly all child support decisions are made by judges rather than juries.