Child support can be modified, even after your divorce is final. Life can change, and child support can change with it. Illinois law permits parents and other parties to modify child support amounts under specific conditions. Knowing when this will apply to you, and how to seek modification, can help you account for the changes in your life.
At Kulerski & Cornelison, our team serves families DuPage and Cook counties. We help parents with child support issues such as modification, enforcement, and much more. We’re here and ready to help.
Illinois Allows Child Support Modifications When Circumstances Change
Under Illinois law, child support can be modified any time there is a substantial change in circumstances. This standard applies whether the original order was entered through a divorce judgment, a settlement agreement, or an administrative order.
A “substantial change” doesn’t have a strict definition, but courts look for meaningful shifts in financial or personal circumstances that affect a parent’s ability to pay or a child’s financial needs.
Common Reasons Child Support Is Modified in Illinois
1. Significant Change in Income
One of the most common reasons for modification is a major change in either parent’s income. Examples include:
- Job loss or layoff
- A major reduction in work hours
- A substantial pay cut
- A significant raise or promotion
- Starting a new, higher‑paying job
Illinois courts distinguish between voluntary and involuntary income changes. A parent who quits a job without good cause or intentionally reduces income may not qualify for a reduction in support.
2. Changes in the Child’s Needs
Children’s needs will change also as they get older. A modification may be appropriate if a child:
- Develops new medical or educational needs
- Requires therapy
- Needs tutoring
- Requires specialized care
- Has increased expenses due to extracurricular activities
- Experiences a change in living arrangements
Courts focus on what is necessary to support the child’s well‑being.
3. Changes in Parenting Time
Illinois uses an income‑shares model. It looks at the income of both parents and the amount of parenting time each parent gets with the children. If this changes, a modification may be necessary.
4. Emancipation or Age‑Related Changes
Child support typically ends when a child turns 18 or graduates high school, whichever occurs later. However, support may continue for:
- College expenses
- Adult children with disabilities
5. Changes in Health Insurance or Childcare Costs
When costs for the children change, child support might need to change too. This could include costs such as:
- Health insurance
- Daycare
- Other essential expenses
How to Request a Child Support Modification in Illinois
1. File a Petition to Modify
The parent who wants the change has to file a petition to ask for it. They must explain what has changed and request recalculation of support.
2. Provide Updated Financial Information
Both parents will need to provide:
- Recent pay stubs
- Tax returns
- Proof of childcare or medical expenses
- Documentation of any major financial changes
3. Attend a Hearing (If Required)
You can reach an agreement without a hearing. But if the parents cannot agree, the court will hold a hearing and decide the case.
4. Receive a New Support Order
If the court agrees that a modification should be ordered, it will do so. This will replace the previous order.
When a Modification May Be Denied
A court may deny a modification request if:
- The change in circumstances is minor or temporary
- The parent seeking modification voluntarily reduced their income
- The request is based on incomplete or inaccurate financial information
- The modification would not serve the child’s best interests
Get Help With Child Support Issues in Illinois
If you believe that the circumstances have changed and so should child support, get in touch today. We are ready to help you analyze your situation and request a modification that best fits your children’s needs.
At Kulerski & Cornelison, our family law attorneys are ready to help. Contact us today for a consultation of your case.