Kerley & Talken PC
free consultation
Our office remains open at this time. Consultations are available via telephone or Face-Time. In-person consultations are available on a case-by-case basis. The safety of our clients and employees is of the utmost importance.
View Blog Navigation

Can an Illinois child support order be changed?

An Illinois court order requiring a parent to pay monthly child support can seem like an additional expense beyond one’s ability to cover. If this describes the situation of you or someone you know, you be wondering whether you petition the court for a modification of your support obligation. A modification to a child support order in Illinois depends, among other things, whether there has been a change in circumstances that a court would consider substantial.

Illinois courts are interested in fairness, equity, and accurate fact-finding. This is true in the case of child support modification cases as well as any, as illustrated by a recent opinion issued by the Second District Appellate Court of Illinois. In that case, after the parties entered into an agreement for joint parenting of their three minor children, the court ordered joint custody.

In subsequent proceedings, the court ultimately ordered the father to pay $3,200 per month in child support in addition to additional expenses. However, where the father had been unable to present facts sufficient to accurately prove his financial circumstances, the decision remained in force until a subsequent hearing was held on his motion to reduce child support. The court then found new evidence that revealed a change of circumstances to the father’s financial circumstances, which justified a reduction to his child support order. This change, however, had occurred before the final support order.

The mother appealed that decisions but the appellate court affirmed the child support order reducing the amount owed by the father. In Illinois, a change in circumstances cannot be based on a voluntary change to the obligor’s employment unless the change is made “in good faith and not to evade his financial responsibility to his children.” The court in this case held that a decision to close a personal business due to difficult financial circumstances, made in good faith, could contribute to a court’s finding of a change in employment. Such a change, if occurring before a final judgment of dissolution, could be considered in the calculation of the court’s award.

This information is provided for educational purposes and should not be interpreted as legal advice applicable to any particular case or circumstance.

No Comments

Leave a comment
Comment Information
Schedule A Consultation Today

Contact Us For A Free Consultation To discuss your legal matter with an attorney at our firm, call 217-814-0148 or complete the contact form below.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Kerley & Talken PC
431 S. Grand Ave West
Springfield, IL 62704

Phone: 217-814-0148
Fax: 217-523-0009
Map & Directions

Map Image