What is Considered a Substantial Change for Child Support Modification?

A substantial change is not fully defined by law. Still, several cases in Illinois have illuminated what does and does not count as a substantial change. One common example of a substantial change is a change in employment status. Another might be an illness that is keeping you from working. Each of these changes can be considered a substantial change in circumstance.

How Long Ago Must the Substantial Change Be?

All that matters is whether the change is substantial. If you received an order last month and today you learn that your job has been eliminated, then you have a substantial change. If you don’t file for the modification when you lose your job, you will owe the court-ordered amount, even though you are not working. Always file a motion to let the judge know about your change in circumstance. Once the child support is due, the money is owed to the other person whether you can afford it or not. Always be mindful that you have to follow the court’s order until it is changed.

How Far Back Can I Request Child Support?

Typically, the courts will modify child support from the date you file your petition. But under the Parentage Act, there is a statute that allows you to go back to the day the child was born. There are five requirements to meet under the statute to obtain child support back that far, so call us to see if your circumstances qualify for that type of child support.

I am no Longer Working. Is that a Substantial Change?

It depends on the reason why you are no longer working. Whether the change was voluntary or involuntary can make a difference in your case. If the change was involuntary, such as your employer decided to reduce his workforce, or your job was eliminated in some way, you are more likely to be able to modify your support amount. Sickness can also be considered a substantial change, if it affects your ability to earn an income. Sickness might also be a substantial change if the sickness requires expensive medical care. If the change in employment is voluntary, and you quit your job, or you were fired because of some criminal activity, you may not be able to modify your support. The court will make a finding as to whether your substantial change is allowable depending on the circumstances in your case.

I Got Promoted. Is that a Substantial Change?

Promotions can be a substantial change in circumstances. Financial gains can affect child support in many different ways. For example, if the paying parent has an economic improvement, the support obligation will likely increase. Conversely, the award will likely decrease if the receiving parent has a financial gain.

I Am Now the Custodial Parent. Can I Modify Child Support?

Yes. One factor in the child support calculation concerns the division of parenting time. So, if the division changes, a modification is possible.

My Child is Sick/Disabled. Can I Request a Modification?

If the child has needs that have changed, and the guideline support award is not sufficient to meet those needs, then a deviation from guidelines can be granted. Deviations to child support can be an upward modification or be modified downward depending on the facts in your case.

I Remarried and Had a New Child. Do I Still Have to Pay the Same Amount in Child Support?

Having another child is often not enough to modify the child support award. However, the court will consider new financial responsibilities when reviewing the awards. There might be a substantial change if there is a high need for a new child or family, and you might ask the court to deviate your child support amount.

My Child Is Eighteen Years Old. I No Longer Have to Pay Child Support, Right?

You must pay child support until your child turns 18 or graduates from high school, whichever comes later. If your child becomes an adult but is still in school, child support may still be required. If you owe arrears when your child emancipates, you must pay off that debt instead of regular support.

Jessica S, Author at Anderson Boback & Marshall

How Can I Modify My Child Support in Illinois?

Posted By Jessica S

Published June 30, 2025

Categorized as Child Support Modification

The question “How can I modify my child support?” is one of the most frequently asked questions in family law. Child support is often a hotly contested issue, as many parents feel like they are paying too much, or their ex-partner is paying too little. But, opinion has little to do with it. Child support

How Do You Prove the Best Interests of the Child?

Posted By Jessica S

Published May 14, 2025

Categorized as Child Custody

The legal term “best interests” is a concept that comes up in almost all child-related areas of family law. When making essentially any decision on behalf of a child, the court is going to look at what is best for that child and allow that to guide their rulings. Some issues, like the idea that

The Importance of Witness Lists in Divorce Cases

Posted By Jessica S

Published November 8, 2024

Categorized as Divorce, Divorce Litigation, Family Law

Witnesses play a pivotal role in determining the outcome of divorce case in Illinois. Whether you’re dealing with financial disputes or parenting issues, having the right witnesses and a well-prepared witness list can make or break your case. In this post, we’ll explain what a witness list is, why it matters, and how to choose

Illinois Divorce Prove-Up Hearings: Your Essential Guide to a Smooth Process

Posted By Jessica S

Published September 30, 2024

Categorized as Divorce

Everyone going through a divorce eagerly anticipates the day the divorce is finally over. In Illinois, this court appearance is called a ‘prove-up hearing,’ which is required to finalize an uncontested divorce. An uncontested divorce is one where the parties reach agreements on all financial and parenting issues (if there are children), alleviating the need

Divorce Considerations for Couples with Adopted Children: Legal Tips and Considerations

Posted By Jessica S

Published August 24, 2024

Categorized as Adoption, Divorce, Family Law

When parents make the difficult decision to divorce, deciding how they will continue to parent their children and protect their well-being is always the primary concern. This is true for all parents, no matter whether they became parents through biology or adoption. While the way they became parents may vary, the rights and responsibilities of

Planning to Remarry? Advice From a Divorce Lawyer

Posted By Jessica S

Published August 5, 2024

Categorized as Divorce

Are you thinking about getting married again? It’s a big step that deserves careful thought, especially if you have been married, and divorced before. This guide isn’t just a list of to-dos; it’s here to help you explore important questions and considerations if you are planning to remarry after a divorce and to make sure

Author: Jessica S

How Can I Modify My Child Support in Illinois?

How Do You Prove the Best Interests of the Child?

The Importance of Witness Lists in Divorce Cases

Illinois Divorce Prove-Up Hearings: Your Essential Guide to a Smooth Process

Divorce Considerations for Couples with Adopted Children: Legal Tips and Considerations

Planning to Remarry? Advice From a Divorce Lawyer