Modifications to a child support order in Illinois can be granted based on a “substantial change in circumstances” since the last child support order was entered. In addition, a child support order can also be modified if the petitioner can show that the obligor’s child support obligations differ from the guidelines set forth in the Illinois Marriage and Dissolution of Marriage Act by more than 20%, but no less than $10.00 per month, unless the court that entered the existing order intentionally deviated from the amounts shown in the guidelines. See 750 ILCS 5/510(a).
So What qualifies as a “substantial change in circumstances”?
Here are some examples of cases of when a court might find a “substantial change in circumstances” warranting a modification of child support:
- Change in custody situation;
- A medical condition suffered by the child that requires a different level of care;
- A permanent disability suffered by either the recipient parent or the paying parent;
- Significant changes in income (either upwards or downwards) by either parent (such as a raise, new job, loss of a job, or disability);
- Changes in the economic circumstances of the parent receiving child support;
- Changes in child-rearing costs such as daycare increases or decreases or health insurance increases or decreases;
- Increased cost of living- the petitioner must demonstrate specific evidence of increased expenses, as opposed to general statistics.;
- Special needs of the child OR increased needs of the child; and,
- Other financial resources of the child (such as a large inheritance).
Are you interested in seeking an upward or downward child support modification in Illinois? Cari Rincker can help you ascertain whether it is appropriate in your case. She is also a trained mediator with family law disputes and can mediate your child support matter.