Illinois Divorce Law...

Illinois Law - When Can Child Support Awards Be Modified?

Child support awards may typically be modified whenever there is a significant change in circumstances.

Typical changes include an increase or decrease in the income of either party.

The question is this: if child support were recalculated, would a significantly different result (varying by at least 20%) apply? If yes, then the court will probably modify the child support order.

The court will also change the award where a child needs health care.

Section 5/510.

Cases:

Barnard (1996) 669 NE2d 726 (The husband was an attorney. The wife worked part time with the school district. There were two children, ages 13 and 16 at the time of the petition for reduction in child support. The parties had been divorced for about nine years. Both had remarried. The wife's new husband was a client of the husband's law firm. The new husband said the firm would lose him as a client if the first husband did not drop the first husband's request for support to be reduced. The first husband ended up leaving the firm, where he had practiced for 20 years, in order to pursue his claim for reduction of support. After the husband left, his earnings dropped significantly, making his claim for reduction for support even more considerable. The court found that the husband had acted in good faith in leaving his firm, and not merely to lower his income to avoid the support obligation. The husband's reason for leaving, that he be enabled free access to the court system, was an acceptable reason. The court allowed the husband's claim for a reduction in support. The court also mentioned that leaving a company because one fears losing one's job is also an acceptable reason.)

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