In Illinois, child support obligations resulting from divorce cases are always modifiable (upward or downward) based upon a "substantial change in circumstances" pursuant to 750 ILCS 5/510. The most common reasons to modify child support are as follows:
1. Change in income. If either the payor or receiver of child support has a change in income (usually more than 10%), then a modification of the child support amount may be warranted.
2. Change in parenting time. If the parenting schedule changes substantially then a modification of child support may be warranted.
3. Change in needs of the child(ren). It is not uncommon that children's needs change over time. As children grow older they typically have increased expenses and different needs. Additionally, a child's needs could change because of a medical condition, disability or change in education plan. Any of these things may result in a change in child support.
4. Emancipation. If one or more of your children has become emancipated (turned 18 and graduated from high school) then a modification of child support is very likely warranted.
Every case is different and the specific facts of ever situation must be carefully considered before any conclusions can be made regarding the likelihood that a modification of child support will be granted. If you believe that a substantial change in circumstances has occurred in your case you should talk to an experienced family law attorney immediately to determine if you would benefit from filing a petition to modify child support. Please feel free to email or contact me for a free consultation regarding this or any other family law issue.