Modifying Child Support After an Illinois Divorce

 Posted on October 23,2023 in Family Law

Getting a child support order modified after a divorce can be challenging but not impossible. There are specific legal procedures and requirements to change an existing support order successfully. An Illinois lawyer can help ensure you are going through the process correctly.

Grounds for Child Support Modification in Illinois

Either parent can file a petition to modify child support if there has been a “substantial change in circumstances.” The change must be significant and non-temporary.

Common significant changes that may warrant a modification include:

• A major increase or decrease in either parent’s income

• One parent losing their job or taking a lower paying job

• A child’s medical costs increase substantially

• A change in custody arrangements

• One parent retiring

• A child aging out of the child support system

The petitioner must prove this change in circumstances for the court to consider a modification. 

Filing the Petition in Illinois

The petition to change child support must be filed in the same court that issued the original support order. The petition should clearly outline the substantial change in circumstances, along with the details of the current order and proposed modification.

The petitioner must be prepared to turn over financial documents such as pay stubs, receipts, and/or employer letters as in most modification proceedings the court requires the parties to exchange financial information. Once the Petition has been filed, the other parent must be properly notified of the petition and any upcoming court dates per Illinois law.

The Hearing Process in Illinois

Following the filing of the Petition, the court will schedule a hearing date. Both parents should appear and present evidence related to the change in circumstances and reasons why support should or should not be modified if their case proceeds to hearing.

If a change in the circumstances is undisputed, the parents can likely enter an order modifying the support by agreement using the statutory guidelines. Orders can be increased, decreased, or terminated depending on the situation.

However, if the change in circumstances is in dispute, the court will need to decide whether the petitioner met their burden to modify support. Hiring a local family law attorney is advisable to navigate the process smoothly.

Modifying an Illinois child support order can ensure children receive the appropriate financial support as circumstances evolve post-divorce. Parents can make this process manageable with the proper preparation and legal guidance.

Contact a DuPage County, IL Divorce Attorney

Dealing with any type of family legal concerns can be overwhelming. When you have a Wheaton, IL, divorce lawyer on your side, it can be less daunting. We can walk you through each step so you know you are on the right path. Contact McSwain Nagle Giese & Rapp, P.C. for a free consultation by calling 630-407-1200.