Parents frequently ask what qualifies as a substantial change in circumstances for child support in Illinois and when an existing Illinois child support order can be increased or decreased. Income, employment, parenting time, childcare expenses, health insurance, and a child’s financial needs may change substantially after a divorce, parentage case, or initial child support order is entered.

An Illinois child support modification is not automatic merely because circumstances have changed. Until an existing child support order is modified by the Court, the current order generally remains in effect. A parent seeking to modify child support should understand the applicable legal standards, the effective date of a potential modification, the financial information that may be required, and how Illinois calculates child support under the Income Shares model.

Child support modification disputes may involve job loss, unemployment, a substantial increase or decrease in income, bonuses, commissions, business income, executive compensation, income imputation, changes in parenting time or overnights, changes in childcare or medical expenses, special needs child support, or other significant financial developments.

This article explains what may constitute a substantial change in circumstances for Illinois child support, when child support may be modified, how to begin the child support modification process, what happens when a parent loses a job or earns more income, how parenting time may affect support, and how an Illinois child support attorney can help.

What Is Considered a Substantial Change in Circumstances to Modify Child Support in Illinois?

Whether a substantial change in circumstances exists is a fact-specific legal issue. Potential changes that may require evaluation include:

1. Loss of Income or Unemployment

A job loss or significant reduction in income may support a request to modify child support depending upon the circumstances. The Court may consider the reason for the employment change, the parent’s employment history, job-search efforts, available income, and other relevant facts.

2. A Substantial Increase or Decrease in Income

A meaningful change in either parent’s income may affect an Illinois child support calculation. Income changes may involve salary, hourly wages, bonuses, commissions, overtime, business income, or other compensation.

3. Changes in Employment Status

A promotion, demotion, career change, retirement, disability-related employment change, or transition between employment and self-employment may require additional income analysis.

4. Changes in Parenting Time or Overnights

A significant change in the parenting schedule may affect child support. When each parent exercises at least 146 overnights per year, the Illinois shared physical care calculation may become relevant.

5. Changes in the Child’s Financial Needs

Medical, therapeutic, educational, childcare, or other child-related expenses may change over time. Special needs child support issues may require a more detailed review of the child’s ongoing needs and expenses.

6. Changes in Childcare or Health Insurance Costs

A substantial change in work-related or education-related childcare expenses or the cost of health insurance attributable to the child may affect the overall child support analysis.

7. Relocation or Major Changes in Living Arrangements

Relocation or a significant change in the parenting arrangement may create child support and parenting issues. Relocation itself does not automatically establish the amount of a modified support obligation.

8. Other Significant Financial Changes

The Court may need to evaluate other material financial developments based upon the facts, the existing order, and Illinois child support law.

How Is Child Support Calculated in Illinois?

Illinois generally calculates child support using the Income Shares model. The incomes of both parents are considered rather than calculating support solely as a percentage of the paying parent’s income.

The analysis generally requires determining each parent’s net income under Illinois law, combining the parents’ net incomes, referencing the applicable schedule of basic child support obligations, and determining the parents’ respective shares of the obligation.

Parenting time may also affect the calculation. When the statutory shared physical care threshold is met, the number of overnights exercised by each parent becomes part of the calculation.

Health insurance premiums attributable to the child, qualifying childcare expenses, and other child-related costs may also need to be addressed. Accurate income and expense information is therefore important when evaluating a child support modification.

When Can Child Support Be Modified in Illinois?

An Illinois child support order may be modified when the applicable statutory requirements are satisfied. A substantial change in circumstances is a common basis for seeking modification, but Illinois law also contains other provisions concerning review and modification of child support in particular circumstances.

The existence of a change does not necessarily determine whether support will increase or decrease. The Court must evaluate the facts and apply the current Illinois child support law to the information presented.

A parent should also review the existing Judgment, Marital Settlement Agreement, or child support order. The prior order may contain relevant findings, income information, reserved issues, or other provisions affecting the modification analysis.

Because modification is not automatic, a parent should not simply begin paying a different amount based upon a new income calculation or an informal disagreement with the existing order.

Does Losing My Job Qualify as a Substantial Change in Circumstances for Child Support?

Job loss is one of the most common reasons a parent considers filing a Petition to Modify Child Support. However, unemployment does not automatically mean the Court will calculate income at zero or immediately reduce child support.

The Court may consider why the parent is unemployed, whether the job loss was voluntary or involuntary, the parent’s prior income and employment history, efforts to obtain new employment, available financial resources, and other relevant circumstances.

Income imputation may become an issue when a parent is alleged to be voluntarily unemployed or underemployed. The facts surrounding the employment change can therefore be important.

If you lose your job while a child support order is in effect, waiting to address the issue can have significant consequences because the existing support obligation generally continues unless and until appropriate relief is obtained.

Can the Court Impute Income for Child Support in Illinois?

Income imputation may become a contested issue in an Illinois child support case when a parent is alleged to be voluntarily unemployed, underemployed, or earning less than the parent could reasonably earn under the circumstances.

A parent cannot assume that proposing minimum wage will necessarily resolve the income issue. The Court may need to consider employment history, prior earnings, education, experience, the circumstances of a job loss or employment change, and other evidence relevant to earning capacity.

Likewise, the fact that a parent is currently earning no income does not automatically mean the Court will use zero income for the child support calculation.

Financial affidavit and disclosure litigation, employment records, tax returns, pay information, and other evidence may become important when income imputation is disputed.

Can Child Support Be Modified if the Other Parent’s Income Increased?

A substantial increase in the other parent’s income may be relevant to an Illinois child support modification because the Income Shares model considers the incomes of both parents.

The effect of an income increase depends upon the complete calculation. The Court may need current income information for both parents, the parenting schedule, health insurance costs, childcare expenses, and other relevant financial information.

Income may include more than base salary depending upon the applicable legal analysis. Bonuses, commissions, business income, investment income, executive compensation, and other sources may require review.

If the other parent refuses to provide current financial information, formal discovery or financial affidavit and disclosure litigation may be necessary.

Can a Change in Parenting Time Modify Child Support in Illinois?

A significant change in parenting time may affect child support. Illinois child support calculations distinguish between different parenting arrangements, and the number of overnights may be particularly important when evaluating shared physical care.

When each parent exercises at least 146 overnights per year, the shared physical care formula may apply. A change that moves a parenting schedule above or below that threshold can affect the calculation.

However, a parent should not alter the child support amount independently simply because the actual parenting schedule has changed. The existing order remains important, and a modification generally requires appropriate legal action.

Parenting time modification and child support modification are separate legal issues, although the facts may overlap.

Does a Child’s Increased Cost of Living Automatically Modify Child Support?

Parents sometimes argue that a child’s cost of living has increased or that the child lives in a state or community with a different cost of living. Cost of living may be part of the broader factual circumstances, but it does not replace the Illinois child support calculation or automatically determine whether support should be increased or decreased.

Illinois child support is calculated under the applicable statutory framework. The Court may consider the financial information and child-related expenses relevant to the case, but a generalized statement that one state or community is cheaper than another does not, by itself, establish the correct child support amount.

If the child’s actual financial needs have materially changed, documentation of medical, educational, childcare, therapeutic, or other expenses may be important.

The specific facts and the existing child support order should be reviewed before relying upon a cost-of-living argument.

Can a 2016 Child Support Order Be Modified Under Current Illinois Child Support Law?

Illinois changed its child support framework in July 2017 by adopting the Income Shares model. Parents with older child support orders frequently ask whether a pre-2017 order can be modified using current child support law.

The age of an existing order does not automatically mean the order will be changed. The Court must evaluate the applicable legal standard for modification and the facts of the case.

If modification is appropriate, current financial information and the applicable Illinois child support framework may become relevant to calculating support. The prior order, the basis for the original calculation, and any later court orders should also be reviewed.

A statement that an older order already anticipated all future financial changes does not necessarily answer the modification question. The actual judgment, findings, statutory requirements, and current circumstances matter.

What Documents Do I Need for an Illinois Child Support Modification?

Financial documentation can be critical in a child support modification case. Depending upon the issues, relevant documents may include:

1. Recent Paystubs and Income Statements

Current compensation records may show salary, hourly wages, overtime, bonuses, commissions, and other employment income.

2. Federal and State Income Tax Returns

Tax returns may provide information concerning wages, business income, investment income, and other financial issues.

3. Employment and Job Loss Records

Termination notices, severance information, unemployment records, job applications, and job-search documentation may be relevant when employment status is disputed.

4. Financial Affidavits and Supporting Records

A current financial affidavit and supporting documentation may be required in child support litigation.

5. Parenting Time Records

Calendars, parenting schedules, and existing parenting orders may be relevant when the number of overnights is disputed.

6. Childcare, Health Insurance, and Medical Expense Records

Invoices, premium information, receipts, and proof of payment may be relevant to additional child-related expenses.

7. Business or Executive Compensation Records

Business financial records, bonus information, RSU or stock-option documents, deferred compensation records, and other compensation materials may be necessary in more complex income cases.

How Do I Begin the Child Support Modification Process in Illinois?

1. Review the Existing Child Support Order

The current Judgment, Marital Settlement Agreement, or support order should be reviewed to understand the existing obligation and the basis for the prior calculation.

2. Gather Current Financial and Parenting Documentation

Collect current income records, tax returns, financial affidavit information, parenting schedules, and documentation of relevant child-related expenses.

3. File the Appropriate Petition for Modification

A parent seeking to change an existing child support order generally must file the appropriate pleading with the Court. The pleading should identify the relief requested and the factual basis for modification.

4. Exchange Financial Information and Complete Discovery

The parties may need to exchange financial affidavits and supporting documents. Formal discovery may be required when income, employment, assets, or other financial information is disputed.

5. Attend Court Proceedings or Negotiate Resolution

The parties may negotiate, participate in attorney-assisted discussions or mediation when appropriate, or present the disputed child support issues to the Court.

6. Obtain a Modified Court Order

A child support obligation should be changed through an appropriate court order. Do not rely solely upon an informal agreement when an existing order requires a different payment.

When Does a Child Support Modification Become Effective in Illinois?

The effective date of a child support modification can have significant financial consequences. Parents should not assume that a future court ruling will automatically erase all amounts that accrued under the existing order.

The timing of the filing and notice of a modification request may be legally important. The specific procedural history and applicable Illinois law should be reviewed.

This is one reason a parent experiencing a substantial income or employment change should promptly obtain legal advice rather than waiting months to address an existing child support obligation.

An Illinois child support attorney can review the timing of the requested modification and the potential financial impact based upon the specific case.

Can the Court Lower Child Support Below the Current Amount?

Yes, child support may be reduced when the applicable legal requirements are met and the current child support analysis supports a lower obligation. A reduction is not guaranteed simply because a parent requests one.

The Court may evaluate current income, disputed income imputation, parenting time, health insurance, childcare, and other relevant information. The existing order and the reason for the claimed change may also matter.

Likewise, a modification proceeding can involve arguments for an increase in support. Parents should understand that opening the child support issue may require a complete review of current financial circumstances.

Before filing, an Illinois family law attorney can run current child support calculations and evaluate potential arguments and risks.

Can I Be Ordered to Pay the Other Parent’s Attorney’s Fees in a Child Support Modification Case?

Attorney’s fees are not automatically awarded merely because one parent files a child support modification and the other parent disagrees that a substantial change in circumstances exists.

Illinois law contains different bases for requesting attorney’s fees depending upon the circumstances. The parties’ income, assets, and ability to pay may be relevant to certain fee requests. Conduct during litigation and the legal basis for a particular fee request may also matter.

A demand for attorney’s fees does not mean the Court will necessarily award the requested fees. The actual pleading, statutory basis, financial information, litigation conduct, and court findings should be evaluated.

If the opposing party requests attorney’s fees, an Illinois family law attorney can review the request and determine what financial or legal response may be appropriate.

What if the Other Parent Refuses to Agree to Modify Child Support?

The other parent’s agreement is not required for a parent to ask the Court to modify child support. If the parties do not agree, the requesting parent may pursue the modification through the court process.

Both parents may present evidence and legal arguments concerning income, employment, parenting time, child-related expenses, and whether the requirements for modification have been met.

The Court, not the opposing party, ultimately decides a contested child support modification request.

Settlement may still be possible through attorney negotiations or mediation, but a parent’s refusal to accept a proposed calculation does not by itself end the modification case.

How Can an Illinois Child Support Modification Attorney Help?

An Illinois divorce and family law attorney can review the existing child support order, evaluate whether a substantial change in circumstances may exist, and run current Illinois child support calculations.

An attorney may also address disputed income, job loss, unemployment, income imputation, business income, executive compensation, bonuses, commissions, parenting time and overnights, health insurance, childcare, special needs child support, and other additional child expenses.

When financial information is incomplete, an attorney may address financial affidavit and disclosure litigation, formal discovery, subpoenas, or other procedures used to obtain relevant information.

An attorney can also prepare a Petition for Modification, respond to an opposing request for attorney’s fees, negotiate potential resolution, and present the child support modification issues to the Court when necessary.

Need More Information About Child Support Modification in Illinois?

If you believe there has been a substantial change in circumstances affecting child support, are seeking to increase or decrease an Illinois child support order, or need assistance responding to a child support modification case, contact The Law Office of Tiffany M. Hughes, P.C.

Our entire practice is solely dedicated to family and matrimonial law. We represent clients in Illinois matters involving family law, divorce, child support, child support modification, Income Shares calculations, parenting time and visitation, allocation of parental responsibilities, special needs child support, financial affidavit and disclosure litigation, income imputation, enforcement of support, contempt proceedings, post-decree modifications, registration and enforcement of out-of-state orders under UIFSA and UCCJEA when applicable, and other child-related family law disputes.

To schedule a confidential consultation with a licensed Illinois divorce and family law attorney, call The Law Office of Tiffany M. Hughes, P.C. at 773-893-0228 or email Tiffany Hughes directly at TiffanyHughes@thugheslaw.com.

About Tiffany M. Hughes, Divorce Attorney, Principal, Managing Partner, The Law Office of Tiffany M. Hughes, P.C.:

Tiffany M. Hughes is a divorce attorney and Managing Partner of The Law Office of Tiffany M. Hughes, P.C. Recognized as a Top 100 Lawyer in Lawyers Magazine in 2018 and 2019, Super Lawyer from 2016 to date, and in addition to numerous other accolades, Ms. Hughes represents individuals in all aspects of family and matrimonial law proceedings, including litigation, mediation, allocation of parental responsibility (formerly known as custody), parentage, divorce and other child-related matters.

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This blog is made available by The Law Office of Tiffany M. Hughes, P.C. for educational and informational purposes only. The information contained in this article is intended to provide general information and a general understanding of Illinois and/or Florida law and is not intended to provide specific legal advice.

Use of this website does not create an attorney-client relationship between you and The Law Office of Tiffany M. Hughes, P.C. The information on this website should not be used as a substitute for legal advice from a licensed Illinois and/or Florida attorney regarding your specific circumstances.

Illinois and Florida law changes frequently, and prior articles may be affected by subsequent statutory amendments, court decisions, or other changes in the law. You should not draw legal conclusions regarding your specific case without consulting with a licensed Illinois attorney.

For questions regarding an Illinois and/or Florida divorce, family, or matrimonial law, contact The Law Office of Tiffany M. Hughes, P.C.