Modification Factors Considered

Modification Factors Considered

Courts must consider the statutory guidelines in 750 ILCS 5/505 as part of a modification analysis. This approach comports with the principle that courts consider the same factors they considered in formulating the original support order. In re Stockton
When setting an amount for modification of child support, the court may consider the same factors used when formulating an original support order, including the standard of living the child would have enjoyed if the marriage had not been dissolved and the financial resources of the noncustodial parent. In re Boyden

When determining whether there is sufficient cause to modify an award of child support, courts consider both the circumstances of the parents and the circumstances of the child. In re Wettstein
Upon application for a modification of support, the court’s paramount consideration is whether a substantial and material change in circumstances has occurred since the entry of the decree which in circumstances has occurred since the entry of the decree which would authorize the court to change the allowance. In re Morrisroe
In determining whether to modify child support, the increase in the children’s needs must be balanced against the relative ability of the parents to provide for them, and where a change has occurred which creates a substantial imbalance between the child’s needs and the parent’s support capabilities, modification is required. Fedun v. Kuczek

If the threshold question of substantial change is met when determining whether to modify child support, the court, in determining the amount of increase in child support, considers the same factors it considered in formulating the original amount. Fedun v. Kuczek
Trial court is to consider the same factors in considering modifying the amount of child support as it considers in formulating an original support order. In re Erickson

Modification of support obligation is appropriate where the supporting spouse terminates his employment to further his education, has suffered substantial economic setbacks resulting from investments, or has encountered a reduction in income because of a change in employement or occupation. In re Kowski

Under this Act, the paramount consideration of the court in determining whether to modify a child support order is to determine whether a substantial and material change has intervened since the original support allowance was made; while the needs of the child and the financial status of the noncustodial parent are important factors in making the decision, the court must also consider the financial resources of the child, the financial status and needs of the custodial parent, the standard of living the child was accustomed to prior to dissolution, and the physical and emotional needs and education needs of the child. In re Daniels

Factors to be considered by the trial court in exercising its discretion regarding modification of child support provisions include financial resources of children, financial status of custodial parent, financial resources of noncustodial parent, standard of living the children would have enjoyed in absence of divorce, and physical, emotional and educational needs of the children. In re Emerson.

The factors to be considered in making an award of child support are applicable to modification proceedings. In re Butler

The needs of the children should be considered with the available means of both parents to contribute to a satisfy those needs; the accommodation or balance between the needs of the children and means of providing support is not dependent alone upon the existence or nonexistence of an increase in the income of the supporting parties. Luthy v. Luthy

The trial court erred in holding that modification of child support is allowable only upon a showing that the noncustodial parent’s ability to pay has increased; on remandment, the court was ordered to consider all relevant factors in making its determination, including the income and other assets of both the parents, and the income and assets of the children. Luthy v. Luthy

Whenever a request for modification of child support is sought, it is the duty of the court in which the action has been brought to ascertain all the pertinent facts and circumstances and to determine whether the award is fair and equitable or should be modified. Bayuk v. Baynuk

Just as in initially determining the amount of support, the facts to be considered by the trial court in modifying the support provisions of the divorce decree includes the ages of the parties, their condition of health, the property and income of the mother, the property and income of the father, and the station in life of the parties. Winter v. Winter

Where son’s college attendance would require mother to spend substantial sums of money, and since there was evidence that petitioner’s child care costs for her daughter, who resided with mother, had increased at the same time mother’s income had increased, a finding that the pro rata decrease in child support requested by the father would result in a decrease in the daughter’s standard of living was not an abuse of discretion and such modification was not allowed. In re Milburn

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