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How Can I Modify a Child Support Order?

Child support orders are essential for ensuring that a child receives the financial support they need and deserve from both of their parents, not just the parent who spends the majority of time with the child. However, while child support orders are critical, there is no doubt that over the years, parents’ or a child’s situation may change, justifying a modification to an existing support order. Consider the following about when a modification of a support order is appropriate in Illinois, and how to seek a modification if a change is necessary.

When Can I Modify a Child Support Order?

Either parent–the party paying or receiving child support–can request the modification of a child support order. There are two times at which a modification of a child support order can be sought:

  1. Every three years (a child support order is eligible for review every three years); or
  2. When a significant change in circumstance has occurred.

Wishing to pay less in child support or receive more in child support does not constitute a significant change in circumstance. Rather, examples of major life changes that may warrant a modification of a support order include:

  • A child becoming disabled;
  • A parent losing their job or experiencing a significant loss of income; and
  • A parent receiving a change of job or a promotion and experiencing a major increase in income.

The above list is not inclusive; our attorneys can help you to understand whether or not your situation justifies requesting a modification of a support order.

How to Modify a Child Support Order

There are two ways that you can seek a modification of a court order:

  1. You and the child’s other parent reach an agreement. The easiest way to modify a child support order is to reach an agreement in writing with the child’s other parent about the proposed change and to submit this agreement through a petition for entry of the agreed order to the court.
  2. File a petition for modification with the court. If you and your child’s other parent are not in agreement about the modification of the child support order, you may file a petition for modification with the court, and then go to an evidentiary hearing where you will present evidence and ask the judge to rule in your favor.

You will need to provide evidence that supports your case, including items such as W-2s, tax documents, bank account statements, and more if you are seeking modification based on financial changes.

Our Child Support Lawyers Can Help

Whether you are seeking modification of a court order or fighting a modification request sought by the other parent, our experienced Illinois child support lawyers at the offices of Keller Legal Services can help. We are well-versed in the law and know what it takes to prevail in a child support case. We have been in the business of helping people like you understand their rights in family law for nearly three decades. We can review your family law case for free today. Please contact us by phone today, or send us an email at your convenience to request your first appointment.