Can I modify child support or custody orders after the divorce in Illinois?
Walter Jackowiec III
Illinois managing attorney at Marble Law
Key Takeaways
- If there’s been a substantial change in circumstances, you can modify child support or custody orders after an Illinois divorce.
- Examples of a substantial change in circumstances that may warrant modifying child support may include an increase or decrease in one parent’s income or a parent losing their job.
- In order to modify child support or custody, you must file a motion with the court. For child support modifications, you can alternatively work with Child Support Services.
LIke most states, judges in Illinois will only modify child support or custody orders after a divorce if there’s been a substantial change in circumstances of the parties. This means something significant has happened that makes the current custody agreement no longer in the child’s best interests.
Examples of a substantial change in circumstances that may justify modifying child support may include:
- One parent is fired or otherwise loses their job.
- One parent’s income increases or decreases.
- The child’s needs change.
- One parent remarries.
- A change in child custody or parenting time
Examples of a substantial change in circumstances that may justify modifying child custody orders may include:
- One parent goes to jail or prison.
- One parent has a change in their health that make it challenging to meet their parental duties.
- One parent is deployed.
- One parent wants to move a long distance from the other parent.
- The child turns 18 or graduates from high school.
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How do I modify child support orders in Illinois?
To try to modify child support orders, you can either:
- File a motion for modification of child support with the court OR
- Ask Child Support Services (CSS) to review your case
If you file a motion with the court, you must then attend a hearing to make your case and have a judge make a decision.
If you work with CSS, they review your and your spouse’s income information. Then CSS mails both parents a notice stating whether child support payments will remain the same, increase or decrease.
How do I modify child custody orders in Illinois?
Modifying a custody order can be a much more difficult process and depends on the circumstances in each case. You need to file a motion to modify parental responsibilities and then present your case before a judge at a hearing.
In this instance, many parents find it beneficial to discuss their circumstances with an attorney to understand what can be filed and what you may expect. Remember, you’re seeking a change for your child, and since you want what is best for them, it’s worth it to work with a professional who understands the modification process and can guide you through it.
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