This form is used 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.
The Illinois Motion to Modify or Amend Divorce Decree to Provide for Increase in Amount of Child Support is a legal process that allows a parent to request an adjustment in the amount of child support payments they receive or pay. This can be done when there is a change in circumstances that affects the financial needs of the child or the financial abilities of either parent. In Illinois, there are several types of motions that can be filed to modify or amend a divorce decree related to child support. These include the following: 1. Motion to Modify Child Support: This type of motion is appropriate when there has been a substantial change in circumstances, such as a significant increase in the financial needs of the child or a decrease in the paying parent's income. The court considers factors such as changes in employment, medical expenses, educational needs, or any other relevant factors that can impact the child's well-being. 2. Motion to Amend Child Support: This motion is typically used when there is a clerical error in the original divorce decree that needs to be corrected. It may also be used when there is a mistake in the calculation of child support payments, such as an incorrect income figure or a failure to account for other sources of income. 3. Motion to Increase Child Support: This motion seeks to increase the amount of child support payments, usually due to an increase in the child's financial needs. For example, if the child requires additional medical treatments or has started attending a more expensive school, the custodial parent may seek an increase in child support to cover these costs. 4. Motion to Decrease Child Support: On the other hand, if the paying parent's financial circumstances have significantly worsened, they may file a motion to decrease child support. Reasons for this may include unemployment, disability, or other financial hardships. To initiate the motion to modify or amend the divorce decree to provide for an increase in the amount of child support in Illinois, the parent seeking the modification must complete the necessary paperwork, which typically includes a petition and a financial affidavit. They must then file these documents with the court, pay any applicable fees, and serve the other parent with a copy of the motion. It's important to note that the court's decision regarding child support modification ultimately depends on the specific circumstances of each case. The court will consider the child's best interests and the financial abilities of both parents when determining whether to grant the motion and adjust the child support amount. In conclusion, the Illinois Motion to Modify or Amend Divorce Decree to Provide for Increase in Amount of Child Support is a legal process that enables parents to request an adjustment in child support payments. Different types of motions include those seeking to modify, amend, increase, or decrease child support payments. It's crucial for parents to understand their rights and responsibilities and follow the appropriate legal procedures when seeking a modification of child support in Illinois.
