Can Child Support Be Modified for a Change in Income in Illinois?

 Posted on June 30, 2025 in Criminal Law

A change in income is one of the most common reasons parents ask to change a child support order in Illinois. State law allows for child support payments to be changed when specific criteria are met. If you are wondering whether your situation qualifies, a Geneva, IL child support lawyer can help you understand your rights and guide you through the legal process.

What Are the Grounds for Child Support Modification in Illinois?

Under Illinois statute 750 ILCS 5/510, either parent may request a change, or a "modification," to child support if there has been a "substantial change in circumstances." Whether it increases or decreases, a change in income is a potential reason to update your child support order. A significant raise, a promotion, and a new job are also commonly cited in petitions to change child support.

Other examples might include job loss or changes in the cost of raising the child, such as new medical or educational expenses. The court reviews these changes to determine whether the existing support amount is still fair and in the child’s best interests. Note that it is not enough to just say a change happened. Evidence and documentation are necessary.

What Is the Court Process for Modifying Child Support in Illinois?

According to Section 510(a) of the previously mentioned law, the burden of proof falls on the parent requesting the modification. This means that if you are the person asking the court to change child support payments, you have to prove there has been a substantial change. 

The process for modifying child support begins by filing a petition with the family court that issued the original order. Once filed, the court will schedule a hearing. Both parties will need to submit financial affidavits and supporting paperwork, such as tax returns, pay stubs, or proof of unemployment. The judge will consider several factors under 750 ILCS 5/505, including the child’s needs, each parent’s income, and the financial resources and needs of both parents.

If the court agrees that a change in income qualifies as a substantial enough change in circumstances and that the proposed adjustment is in the child’s best interests, the judge may order a modification. Acting quickly is critical. If a modification is approved, it will not apply starting at the date of the income change. It will only go back to the date the petition was filed.

Can You Modify a Child Support Order Outside the Courtroom in Illinois?

As of 2025, if you have a case with Child Support Services (CSS), you can request a modification of child support through the Illinois Department of Healthcare and Family Services. CSS will review your case at no charge, and you are allowed to open the case at any time. If you are closing in on three years since your child support decree was ordered or last modified, CSS will review the order at the three-year mark anyway. 

Schedule a Free Consultation With a Geneva, IL Child Support Modification Attorney Today

Having a lawyer makes it much easier to ask a court to change a child support order. The experienced Kane County, IL child support modification lawyers at Serrano Hanson & Hurtado, LLC are dedicated to helping parents get through tough transitions while protecting the best interests of their children. Call 630-844-8781 to schedule a free consultation in English or Español and find out how we can help you.