In the years after an Illinois court issues an order on child support, it is quite common for a change to take place. In fact, if your children were young at the time of its entry, you may request a higher amount at some point. Illinois’ statute on modification of child support provides reasons that justify an increase:
- A substantial change in circumstances, such as your child is spending more time with you than under a previous parenting schedule; or,
- A discrepancy between what you are receiving and what is allowable under child support guidelines.
Still, even if these reasons exist, there is nothing automatic about receiving more in child support. You must file a petition to request the court to order an increase, and there are several stages to the process. Your first priority should be retaining a Chicago child support attorney who can help with additional steps, including:
Complete the Petition for Modification of Child Support
Your official request to increase child support is this petition, in which you will allege the reasons you are seeking a higher amount. You will need to be specific regarding the two factors described above. An explanation under No. 2 is relatively straightforward, since you need to show you are receiving less than what is dictated by Illinois child support guidelines. Justification of your change in circumstances must be supported by solid evidence.
File Your Petition and Get a Hearing Date
Once you prepare the petition and all supporting documents, they must be filed in court. The clerk will provide file-stamped copies for you to send to the parent paying support. You will also need to schedule a hearing date to appear in court and present your position on the request for an increase.
Forward Essential Notices
Your child’s other parent must receive written notice of the petition, hearing date, and copies of all supporting documents for the process to move forward. You can also inform the payor about the proceeding, but this is not considered official notice.
Prepare for the Court Hearing to Increase Child Support
Ideally, the paying parent would agree to an increase and you can enter an agreed order. If that is not the case, you will need to get ready for the court proceeding. Your attorney will handle the legal details, but there are some tasks for you:
- Dress professionally;
- Be prepared to testify regarding the facts in your petition; and
- Let witnesses know the court date.
Rely on a Chicago Child Custody Lawyer to Help with the Process
If you need assistance in filing a petition for an increase in child support, please contact Michael C. Craven to learn how we can help. You can call our Chicago office at (312) 621-5234 or visit us online to set up a consultation with an experienced child support attorney.
