Can I Request a Change to a Child Support Order in Illinois?

 Posted on May 14, 2025 in Child Support

In Illinois, family courts recognize that a post-decree modification is sometimes necessary for a child support judgment to accommodate a change in circumstances. If you need to change the amount of child support you pay or receive, an experienced Plainfield, IL child support modification attorney can assess your situation to determine if you qualify. The court applies the laws that govern post-decree modification on a case-by-case basis, taking into consideration your unique situation. However, there are some basic elements you should understand before you spend the time and effort petitioning the court for a child support adjustment.

When Should You Request a Child Support Modification in Illinois?

Modification of child support can only be done through the court that issued the original judgment, and the court will only hear a request to change the payments under specific circumstances. In general, you must be able to prove that either parent has experienced a substantial change in circumstances. However, if at least three years have passed since the child support order was issued, the court will likely hear your request.

What Counts as a Substantial Change in Circumstances When Modifying Child Support?

"Substantial change in circumstances" is a very broad statement that could encompass many situations. Some common reasons that people request a child support modification include:

• The child’s needs have significantly increased.

• The parent making the support payments experienced a significant improvement in finances.

• The parent making the payments experienced a significant worsening of their financial situation.

• The receiving parent’s financial situation changes, either by increasing or decreasing.

• Either parent got remarried and had a significant change in financial obligations.

• There was a modification in the allocation of parental responsibilities.

• The child’s financial situation improved, such as receiving an inheritance.

The court will typically look at factors like employment status, property ownership, earning capacity, and the presence of other dependents when determining whether to modify child support.

How Do You Ask to Modify Child Support in Illinois?

The first step in modifying child support is to hire a family law attorney with experience in post-decree modification. Having a legal representative ensures there are no mistakes made when filing the paperwork, and an attorney will handle the collection of evidence for you. Talk to your attorney about the forms you must file. After filing, you need to let the other parent know about the request to modify support by mailing them a copy of the motion and the proof of delivery. Then, you can request a hearing date and begin preparing for the hearing with your attorney.

Schedule a Consultation With a Lombard, IL Child Support Modification Attorney Today

If a change in circumstances warrants an adjustment to your child support order, a Kendall County, IL post-decree modification lawyer at The Law Offices of Robert F. Kramer, Ltd. with over 40 years of experience can provide guidance and representation. These cases are often time-sensitive and can have a major impact on your financial well-being. Call 630-785-2400 to schedule your free 30-minute initial consult and get started on improving your situation.