How Often Can Child Support Be Modified in Illinois?

Parents have a duty to provide and support their children. In a divorce or legal separation, the Court may order one or both parents to pay a reasonable and necessary amount of support for their child. Child support is a monetary obligation that one parent has to another parent to provide financial support for their child. This includes an obligation to support the physical, mental, and emotional needs of a child under the age of 18 or over 18 years old if they’re still in high school. The Illinois Department of Healthcare and Family Services adopts rules to establish child support guidelines that include worksheets and a schedule of basic obligations that reflect a percentage of the combined net income of parents living in the same household.

Child support guidelines exist for the purposes of:

1. Establishing an adequate standard of support for a child, considering a parent’s ability to pay;
2. Making the child support obligations more equitable;
3. Improving the efficiency of court processes by promoting settlement and providing guidance for establishing levels of support;
4. Calculating child support based on the combined net income that would be allocated for supporting a child if there was no separation;
5. Adjusting child support based on the needs of the child; and
6. Allocating child support obligations based on a parent’s net income and the physical care arrangements of the child.

When determining child support obligations, the court will consider various relevant factors, which include the financial resources and needs of a child and parent, the standard of living the child would have enjoyed if there was no separation or divorce, and the physical and emotional condition of the child and their educational needs (750 ILCS 5/505(a)(2)).

Child support can be modified at any time and as often as necessary before a child turns 18 or graduates from high school. Modification of child support is a change to an existing child support order, and it can be done through a judicial or administrative process.

Child support can be modified by either parent, allowing them to request an increase or decrease in the amount. Either party may petition the Court to modify the child support order. Pursuant to 750 ILCS 5/510, child support obligations may be modified if there’s a showing of substantial change in circumstances. Substantial changes can include significant changes in income, getting a new job, changes in parenting time, and increased needs of the child. What wouldn’t be considered a significant change would be foreseeable or contemplated events, unless it’s specified or incorporated in an order.

In Illinois, the Division of Child Support Services notifies each parent of their right to request a review of their child support order every three years. In these reviews, the amount of child support could be kept the same, increased, or decreased. Modification reviews can be requested by non-custodial parents, caretakers, the Healthcare and Family Services, or another state’s child support agency. If there’s an issue with the review results, parents can request redetermination, appear in court, or request an administrative hearing within 30 days of receiving notice about the decision. To qualify for modification review, one of the following conditions needs to be met:

1. At least 3 years have passed since the order was established or since the last review;
2. A substantial change in the non-custodial parents’ income;
3. The order doesn’t address healthcare coverage; or
4. A written request for a review is received by the Division of Child Support Services.