How Do I Modify My Child Support Order?

Whether you are the parent who pays or receives child support, at some point you might need to change your current order. Typical reasons for seeking a new order are that one of you is making more or less money than before, the amount of time the child spends with each parent has changed, or there are extraordinary child-rearing expenses. If you find yourself in one of these situations or have another compelling fact pattern, you are probably wondering if it’s possible to ask for a modification of my child support order.

The Process for Getting a New Child Support Order in Illinois

You must file a Petition for Modification of Child Support, alleging facts that meet the Illinois requirements to change support. You are not allowed to go to court simply because you feel like paying less or getting more support. To get a new order, you must prove to the judge that there has been a substantial change in circumstances since the most recent child support order. Illinois also requires you to complete a Financial Affidavit which details your income and expenses.. The judge will compare your current forms with the papers you filed at the time of the last order to determine whether there has been a substantial financial change.

Sometimes the change is not monetary, but rather, custodial. For example, if your child was spending 75 percent of her time with your former spouse at the time of the previous support order, but for the last year, she has been staying at your house 80 percent of the time, a change of support might be appropriate.

What Qualifies as a Substantial Change in Circumstances

A judge is likely to consider these fact patterns as substantial changes in circumstances for purposes of granting a modification of the child support order:

• A substantial increase or decrease of the paying parent’s income,
• The child is 18 and not attending high school.
• The child has moved out of the house of the parent who receives the support.
• The child has an increased need for support, such as a disability.

Child Support Modification is Not a DIY Project

Child support can add up to a great deal of money over the years until your child reaches emancipation. If you are trying to win your case on your own, either seeking or trying to prevent a change in child support and there is a lawyer on the other side, you should get the advice of a lawyer. These cases can quickly turn into snarled, complicated battles, particularly if one parent owes back support or the reason for the requested modification is a change in the child’s living situation.

For more information, please contact an experienced Illinois child custody lawyer at the Goodman Law Firm to help you understand your modification options.