The Illinois Petition To Terminate-Modify Child Support-Visitation is a legal document used to modify or terminate a current child support order or visitation agreement. It is used when one or both parents need to alter the existing arrangement due to changes in circumstances, such as relocation, financial hardship, or changes in the child's needs. The petition can also be used to modify or terminate an existing agreement when one or both parents have remarried or changed their place of residence. There are two types of Illinois Petition To Terminate-Modify Child Support-Visitation: Motion to Modify Child Support and Motion to Modify Visitation. The Motion to Modify Child Support is used when one or both parents want to change the amount of financial support the other parent pays for the child’s living expenses. The Motion to Modify Visitation is used when one or both parents want to change the amount of time the child spends with the other parent. Both motions must be filed with the court and the other parent must be notified of the filing.
Illinois Petition To Terminate-Modify Child Support-Visitation
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FAQ
Illinois child support obligations can only be modified by filing a petition for increase or decrease in child support with the court that has jurisdiction over your case.
The new child support laws in Illinois in 2022 require that the parents purchase or maintain health insurance for the child or children when dealing with a child support matter. This mandate is in effect whenever the parents deal with child support, such as a part of a divorce or a child custody case.
How do I terminate child support? You must file a Motion to terminate child support and a Notice of Motion with the Clerk of the Circuit Court and then appear in front of a judge. A form motion is available in the law library or on-line at .
Substantial Changes in Circumstance and Spousal Maintenance Courts might modify the award if a dramatic decrease to the payor's income occurred in good faith. The circumstances that can modify maintenance, generally, involuntary reductions, such as a layoff or disability, or an otherwise good faith change.
An order for support is eligible for a modification review every three years, or when there is a significant change in the needs of the child or the non-custodial parent's income.
Can child support be awarded retroactively in Illinois? The quick answer is, yes. Child support can be backdated or retroactively awarded in the state of Illinois; however, as with most cases of a legal nature there is a process and time is of the essence.
The amount of child support owed only changes when the judge enters a new court order that changes it. Either parent can ask the court to change or modify the amount of child support payments, even down to $0, if there has been a substantial change in circumstances since the last child support order.