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Changes to Child Support or Spousal Maintenance

Life's circumstances change in unforseen ways, and that is why it is likely to have an Illinois divorce court modify an earlier order for spousal maintenance (alimony), allocation of parental responsibilities, and child support.

The Illinois Marriage and Dissolution of Marriage Act at 750 ILCS 5/510 allows Illinois divorce court judges to make modifications to an earlier Illinois child support order if the following are satisfied:

  1. upon a showing of a substantial change in circumstances; and
  2. without the necessity of showing a substantial change in circumstances, as follows:

(i) upon a showing of an inconsistency of at least 20%, but no less than $10 per month, between the amount of child support that results from application of the guidelines specified in Section 505 of the Act unless the inconsistency is due to the fact that the amount of the existing order resulted from a deviation from the guideline amount and there has not been a change in the circumstances that resulted in that deviation; OR (ii) upon a showing of a need to provide for the health care needs of the child(ren).

When considering modifications to an earlier allocation of parental responsibilities and parenting time, Illinois divorce courts examine whether such a modification is in the best interest of the child(ren). Sometimes the Illinois divorce court judges will appoint a guardian ad litem or child representative or therapist to advise the court as to whether a new allocation of parental responsibilities and parenting time will be in the best interest of the child(ren).

The Illinois Marriage and Dissolution of Marriage Act at 750 ILCS 5/510 allows Illinois divorce court judges to make modifications to an earlier spousal maintenance (alimony) order if the following are satisfied:

  1. any change in the employment status of either party and whether the change has been made in good faith;
  2. the efforts, if any, made by the party receiving spousal maintenance to become self-supporting, and the reasonableness of the efforts where they are appropriate;
  3. any impairment of the present and future earning capacity of either party;
  4. the tax consequences of the spousal maintenance payments upon the respective economic circumstances of the parties;
  5. the duration of the spousal maintenance payments previously paid (and remaining to be paid) relative to the length of the marriage;
  6. the property, including retirement benefits, awarded to each party under the judgment of dissolution of marriage.

Convincing an Illinois divorce court to modify an earlier order for spousal maintenance (alimony), allocation of parental responsibilities, allocation of parenting time, and child support can be a challenge. You should only work with a north suburban Chicago divorce attorney who has significant experience in petitioning Illinois divorce courts to make post-judgment modifications. The North Shore of Chicago divorce lawyer of Sylvester Law Firm has such experience.

We invite you to contact us at (847) 251 - 2999 to get answers to your important questions related to the modification of an earlier Illinois family court order. Your questions are always welcome.

Sylvester Law Firm, PC - Chicago Attorney
1000 Skokie Blvd., Suite 320
Wilmette, IL 60091. View Map
Call Us Today 847.251.2999
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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.