Changing a Child Support Order After a Divorce

 Posted on May 23, 2025 in Child Support

Divorce orders are not carved in stone. Life changes, and the law in Illinois recognizes that. Whether you are paying child support or receiving it, you may eventually reach a point where the current arrangement no longer makes sense. In those cases, it is possible to request a modification.

However, changing a child support order is not automatic. You need to show why the change is necessary and how your circumstances have shifted since the original order was entered. A Naperville child support lawyer with Pesce Law Group, P.C. can help you make a persuasive case, both to the court and to your child’s other parent.

When Can You Modify a Child Support Order?

Illinois law allows either parent to request a change to child support under the following general circumstances:

• A substantial change in either parent’s income or employment

• A change in the child’s needs, such as new medical or educational expenses

• A change in parenting time or custody

• The original order is more than three years old, and a recalculation would change the support amount significantly

• A clerical or legal error in the original order

Even if you and your ex agree informally to change the support arrangement, that agreement is not legally enforceable unless the court approves it. Until then, the original order remains binding.

How to Request a Child Support Modification in Illinois

The process begins by filing a petition for modification with the court that issued the original support order. From there, you will need to submit documentation showing why a change is appropriate. The court will review the financial circumstances of both parents and determine whether the requested change aligns with the child’s best interests.

Be prepared for pushback. If the other parent contests the modification, the judge may require financial disclosure from both sides and schedule a hearing. A lawyer can help you present your case, anticipate objections, and advocate for a fair outcome.

What Happens After a Child Support Modification?

If the court grants your request, the new order will replace the old one and go into effect moving forward. It will not apply retroactively, meaning you cannot erase back payments for child support owed under the previous order unless the court explicitly allows it. For that reason, it is important to file as soon as your situation changes.

Whether you are struggling to keep up with payments or worried that your child’s needs are not being met, do not wait too long to act. Delays can turn manageable issues into legal or financial crises.

Contact a Naperville, IL Family Law Attorney Today

If you need to modify a child support order after divorce, a DuPage County, IL child support lawyer at Pesce Law Group, P.C. can help you gather evidence, prepare your petition, and advocate for your child’s best interests. Call 630-352-2240 today for a free consultation.