Anderson & Boback Logo
modify child support amount

Is There Always a Basis to Modify Child Support?

Categorized as Child Support, Child Support Modification

To modify child support in Illinois, the law has long required that there be a “substantial change in circumstances”. A substantial change in circumstances is defined, somewhat, by the statute, and it may include:

  • a decrease in income,
  • no-fault job loss,
  • an increase in income, and
  • many other factors.

It is also widely known that the Illinois child support law changed in July of 2017 to an income-sharing platform, which in many cases lowered child support when calculated using the new formula with the same income information the parties had under the last law.

Effect of the 2017 Change in Illinois Child Support Law

As a result, many parties have tried to modify their child support, filing their pleading based upon a substantial change in circumstances, such as their income increasing, in hopes that their support would fall under the new statute and that, while their income increased, their support obligation would decrease. This is not the purpose for which the statute was designed.

Judges Are Treat Each Child Support Case Differently

Different Judges are treating these cases differently. Some are flat out denying the motions, stating that the pleadings are being filed for an improper purpose. While I have not seen 137 Sanctions ordered based upon any of these filings, it seems that it could open the door for sanctions if the pleading is found to be filed for an improper purpose.

Some Child Support Amounts Could Increase Instead of Decrease

Some Judges are granting the motions and lowering the child support amounts, however, they are deviating child support upwards to reflect an amount similar to what child support would have been under the old support statute. The rationale here is that the minor child(ren) are used to a certain amount of support and have the same needs, so they will deviate the support upwards to make sure their needs are met. This is wholly proper and allowed under the statute in Illinois as well.

If Your Income Increases You Can File to Modify Child Support

In sum, yes, one can file a motion to modify child support under the new statute if their income has increased. Under the old statute, usually, the obligee would file for this because it would increase the support obligation. Under the new law, we are seeing the obligor’s filing for this to try and reduce their support obligation. But, in my experience, many Judges are not buying into this argument.

Modifying child support is not as easy as many think. There are factors that need to be looked at carefully and all potential outcomes should be considered. Contact Anderson & Boback today to speak with our experienced child support attorneys and determine if you should seek to modify child support.

Was this information helpful?

You May Also Like

What Is Child Support? Child support is the terminology used to describe the periodic or ongoing payments one parent makes to the other following a divorce to assist in raising their shared children. Child support is thus a combination of…

Wonder if your spousal maintenance is modifiable? This question was addressed in Scarp v. Rahman when the father in the case of sought to modify his maintenance obligation.  The trial court would not allow the modification so he sought an…

Birthdays are a big deal to kids - they usually get a party with their friends with cake, balloons, presents, and if they are lucky, a ball pit to jump into at Chucky Cheese! The day is all about them.…

Our firm represents a lot of military families and for the most part, handling a military divorce is just like any other divorce.  There are specific rules that need to be followed, however, and those parents in the military facing…

Changes to Spousal Maintenance Law in Illinois In 2019, a significant change in the tax code was made regarding maintenance, which resulted in spousal maintenance (formerly known as “alimony”, also known as “spousal support”) being tax-free to the recipient and…

Illinois has modified its statutes wherein parents are now allocated “parental responsibilities” and “parenting time” instead of “custody”.  The purpose of these changes was to try and give the parents less to fight over.  You can win “custody” but winning…

Anderson & Boback small logo

Download our Divorce Planning Guide today!

Get the information you need to prepare for divorce with our free resource Guide to Planning for Your Divorce.

What our clients are saying

Schedule a Discreet Consultation Today!

    Firm Overview

    Anderson & Boback is a highly-respected, experienced Chicago family law firm, skilled in negotiation and litigation. When divorce and other family law issues make your life chaotic and uncertain, you want your case resolved as quickly and fairly as possible. Call Now 312-715-0870