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Although a judge has much discretion during these proceedings, the general rule of thumb in Illinois is that child support is retroactive for one or two years before the case was filed.
A Change in Circumstances To get a modification to custody after two years, you must show there has been a substantial change in circumstances and that the change would be in the best interests of the child.
Step 1 ? File the form with the Circuit Clerk. o Bring the original Appearance and the copies to the Circuit Clerk at the courthouse. Appearance, and return these copies to you. Step 2 ? Send a copy of your Appearance to the other parties in the case. Appearance, either by hand delivery, by mail, or by email.
Common ?substantial changes in circumstances? may include: a loss or gain of employment, a sudden change in either party's finances, a relocation of the parties or children, a death, a change in the child's wishes, etc.
Drastic Changes in Lifestyle: Significant alterations in a parent's life, such as new relationships, job changes, or living conditions, that affect the child's well-being can be deemed a substantial change of circumstances.
Decreased Financial Ability of the Obligor Parent: A decrease in the financial ability of the obligor parent to pay constitutes a substantial change in circumstances for the purpose of modifying child support, whether this occurred from a lowering of income, loss of employment, or increased expenses.
In Illinois, a substantial change in circumstances varies depending on the requested change. If a party requests a change in maintenance, formally known as alimony, and if the terms of the court order or judgment indicate that the maintenance is in fact modifiable, a layoff might be a substantial change.
You may file a motion to reconsider within thirty days after the court enters an order. You cannot file a motion to reconsider simply because you do not like the outcome.