Illinois Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support

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US-00799BG
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A decree for child support is res judicata only as long as the circumstances remain the same as when the court rendered the decree. The doctrine of res judicata is based on the concept that parties should not call upon a court to adjudicate twice the same set of facts. Therefore, a party generally cannot base a petition to modify an order for child support on the same set of facts that existed when the original order was made. To justify a modification of a child support order, a court must find that there has been a change in the material circumstances of the parties or the children since the time of the original order. The burden of proving a change of circumstances is on the party seeking the modification.
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FAQ

Illinois law allows for modification of child support orders provided there are substantial changes in circumstances or the income of either parent or the legal status of the child. Substantial changes may include: A substantial increase in the obligor parent's income via a raise, new job, etc.

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.

Illinois puts one child's basic child support level at $1,215 per month; however, this number is a starting point on which additional factors are added or subtracted. Relevant factors must be considered and calculated to understand better what a person may pay in child support in Illinois.

In order to change your divorce decree, parenting plan, or other court orders from your divorce, you must file a Petition for Modification. To initiate the process, you must file a petition with the circuit court in the county where the original order was entered.

How do I increase/decrease child support? You must file a Motion and 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 . Child support can only be modified by court order.

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.

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.

How to Modify Child Support in Illinois Decide if You Need an Attorney. People with more complicated cases will want to work with an attorney. ... Fill Out Your Forms. ... File Your Forms with the Court. ... Tell the Other Parent About the Request. ... Request a Hearing Date. ... Prepare for the Hearing. ... Go to Court for Your Hearing.

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Illinois Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support