Modification of Child Support

Modification of Child Support

An order of child support can be modified upon a showing of substantial change in circumstances. It can be modified without the necessity of a showing of a substantial change in circumstances upon the following conditions:

1) Upon a showing of inconsistency of at least 20%, but no less than $10 per month between the amount of the existing order and the amount of child support that results from the application of the guidelines specified in section 505 of the Illinois Marriage and Dissolution of Marriage Act.

2) Upon a showing of a need to provide for the healthcare of the child under the order for health insurance or other means. In no event shall the eligibility for or receipt of medical assistance be considered to meet the need to provide for the child's health care.

Here are some examples where modification of the child support order is wanted.

When there is a change in custody. Obviously, there is a substantial change in the needs for child support. Thus, after a change of custody of one of the party's children, the court can and shall change the child support order. Obviously, child support can be increased if the person can show that the needs of the child has increased. An example of an increase in needs for a child can be the age of the child. As the child grows older, the amount of support needed for the care of that child increases as well. If there is a decrease in the payor’s ability to pay, that payor can petition the court for a change in child support. For example, if the payor loses his job or becomes disabled or otherwise does not have the ability to pay, he may petition the court for a change in child support. One exception would be if the individual reduced his ability to pay voluntarily. The court may reduce the amount that has to pay for child support at the current time and defer any kind of deficiency to a later date. Finally, child support may be modified if the court finds that the recipient spouse can provide additional sums for the child without contribution from the payor.

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