Petition to Increase Support

When there is a previous Court Order in place awarding support to one of the parties, either party may Petition the Court at a later time to either increase or lower the support. There are statutory requirements that a party must show when they are petitioning the Court to either increase or decrease this support though.

The two requirements that a party must show according to 750 ILCS 5/510: (1) that there has been a substantial change in circumstances to the financial status of either party or the needs of the minor child and (2) that there is an inconsistency in the support a party is receiving and that which the other party could provide based on their current financial income and the statutory requirements.

The court considers that the reasonable and necessary education, physical, mental and emotional health needs of a child should be provided for with support.  According to 750 ILCS 5/505 the standard support is usually 20% of the payors net income for one child, 28% for two children, 32% for three children and increases up to 50% for six (6) children or more.  The Court can also make  a determination that a child requires more support than the  minimum amount if it is in the best interests of the child to do so.  The best interest factors for increasing support can be reviewed at 705 ILCS 5/505 (a)(2).

 

So when drafting a petition to increase support it is imperative to indicate what the substantial change in circumstances are, if you have adequate documentation to show the Court that you are entitled to increase support or how you are going to show this to the Court, and if you are requesting the standard statutory requirement or are requesting more based on the meeting the best interests under 705 ILCS 5/505 (a)(2).

 

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