Last updated: February 2010

Introduction

This Guide will help you change your child support payments by:

• Answering questions about how and when you can change your child support payments in the "Common Questions" section;
• Preparing the necessary documents in the "Forms/Letters" section;
• Explaining the steps to change your child support payments in the "Instructions" section;
• Giving you more information about child support and filing your court papers for free in the "Related Articles" section; and
• Helping you find a lawyer, in the "Find Legal Help" section.

Click on words that appear like 'this' to learn what these words mean.

Common Questions

1. When can I ask to increase my child support payments?
2. When can I ask to lower my child support payments?
3. What does a substantial change in circumstances mean?
4. How are child support payments calculated?
5. Can child support payments be changed without going to court?
6. What happens if child support is no longer being paid?

When can I ask to increase my child support payments?

If you are the custodial parent and would like to increase your child support payments, you must:

• File a Petition to Modify Child Support with the Court; and
• Show that there has been a substantial change of circumstances since the last child support order was entered.

However, if there are special rules for when you can ask for an increase in child support for custodial parents who receive child support enforcement services through the Illinois Department of Healthcare and Family Services.

If you would like to talk with a lawyer, click on the "Find Legal Help" tab.

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When can I ask to lower my child support payments?

If you are the non-custodial parent and would like to lower your child support payments, you must:

• File a Petition to Modify Child Support with the Court; and
• Show that there has been a substantial change of circumstances since the last child support order was entered.

If you want to talk with a lawyer, click on the "Find Legal Help" tab.

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What does a substantial change in circumstances mean?

The court decides if there has been a substantial change in circumstances since the last child support order based on many factors, including:

• An increase in the non-custodial parent's income from a significant raise or new job
• A decrease in the non-custodial parent's income due to a loss of job or disability
• An increase in the needs of the child requiring child support
• The child has a disability that requires more support
• The child has turned 18
• The child is no longer living with the custodial parent

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How are child support payments calculated?

Illinois child support laws require that the parent paying support (non-custodial parent) pay a certain percentage of their net income for child support. The percentage is based on the number of children you are required to support. The judge will use the table below as a guideline for determining the minimum amount for child support payments. The judge may decide to order child support above or below these guidelines depending on the situation.

Number of Children Percentage of Supporting Party's Net Income

1 20%

2 28%

3 32%

4 40%

5 45%

6 or more 50%

You can calculate net income by adding the total amount of income that the parent gets from all sources and subtracting the following deductions from that total:

• Federal income tax (properly calculated withholding or estimated payments);
• State income tax (properly calculated withholding or estimated payments);
• Social Security (FICA payments);
• Mandatory retirement contributions required by law or as a condition of employment;
• Union dues;
• Dependent and individual health/hospitalization insurance premiums;
• Prior obligations of support or maintenance actually paid pursuant to a court order;
• Expenses for repayment of debts that represent reasonable and necessary expenses for the production of income;
• Medical expenses necessary to preserve life or health; and
• Reasonable expenses for the benefit of the child and the other parent (not gifts).

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Can child support payments be changed without going to court?

No.

A Petition to Modify Child Support must be filed with the Court to change child support. The amount of child support owed only changes when the judge enters a new court order that changes it.

Until the judge enters a new order, the amount of child support owed will remain the same.

If you want your child support to be increased or decreased, it is your responsibility to file a petition asking for child support to be modified. It will not happen automatically.

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What happens if child support is no longer being paid?

If the non-custodial parent stops or decreases child support payments without going to court, the full amount of child support is still owed.

Every time a child support payment is due and not paid in full, it gets added to the total debt owed called an arrearage. The child support arrearage accrues interest until it is paid off.

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Forms/Letters

You may use these forms and instructions to help you solve your problem. To find out where to file court forms and if there are any fees to file the forms, check with your county Circuit Clerk. To find out how to contact your Circuit Clerk, visit the Illinois Courts' website.

• Child Support Modification Documents A2J - An online program that will create the documents you need to modify an existing child support order

Instructions

1. Decide if You Need a Lawyer
2. Get Your Court Costs Waived
3. Fill Out Your Forms
4. File Your Documents
5. Notify the Other Parent of the Request to Modify Child Support
6. Request and Get a Hearing Date
7. Prepare for the Hearing
8. Attend the Hearing
9. After the Ruling
10. If Your Request Is Denied

Decide if You Need a Lawyer

You should speak with a lawyer if:

• The child’s living situation has changed, i.e., the child is now living with you or someone other than the person with legal custody;
• You owe back child support; or
• You have more than one Child Support Order.

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Get Your Court Costs Waived

To get your court costs waived (where you don't have to pay):

• File your Application to Sue as a Poor Person;
• If your Application is approved, you will get a stamped Order to Sue or Defend as a Poor Person;
• You will need to show the Order at each step of the process.

Go to the "Related Articles

" section to get more information on how to file your court papers for free.

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Fill Out Your Forms

Complete the "Child Support Modification Documents," which you can find in the "Forms/Letters

" section of this guide. This should prepare all of the forms that you will need.

The following is a list of forms the interview will produce and how many copies you will need of each:

• Petition for Modification of Child Support (2 copies)
• Child Support Information Sheet
• Certificate of Mailing of Petition for Modification of Child Support (1 copy)
• Order Modifying Child Support (1 copy)
• Uniform Order of Support (1 copy)

The forms will not print in the order that you will use them, and you will need to make photocopies of many of them. The rest of the instructions below explain which forms you will need for each step.

Depending on your situation, you may need other forms or extra copies of the forms listed above. If so, the interview will print the other forms. The following steps will discuss these issues. Also, some counties require that forms specific to that county be completed and filed. Please check with the Circuit Clerk to make sure that you have completed all of the necessary forms.

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File Your Documents

You should file your Petition in the county where the original Child Support Order was entered.

You will need to bring to the Circuit Clerk's office:

• The Petition for Modification of Child Support - original and 2 copies (attach a copy of your last Child Support Order to each Petition)
• Child Support Information Sheet
• A copy of your Application to Sue as a Poor Person (a judge will review and approve if you qualify to have your filing fees waived)

If you do not qualify to have your filing fees waived, you will have to pay a fee to file your Petition.

The clerk will "file stamp" your documents with the date of filing. Make sure that all copies have a file stamp on them.

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Notify the Other Parent of the Request to Modify Child Support

You will need to mail a file stamped copy of your Petition to the other party. Then you will need to file a Certificate of Mailing of Petition for Modification of Child Support with the Clerk certifying the date you mailed it and the address where you mailed it. You will then need to mail a file stamped copy of the Certificate of Mailing to the other party.

The other party may waive the mail notice and agree to the terms of your Petition. If so, have the other party sign the Entry of Appearance, Waiver and Consent form. Please note that this person must have seen a copy of the Petition and a copy of the Order Modifying Child Support you plan to give to the judge. The other party's signature must be notarized. If they will not sign this form, you will need to mail it as described.

If the person receiving child support is receiving cash assistance from the Illinois Department of Human Services (DHS) or if DHS helped them get the original Order you are trying to modify, you must send DHS a file stamped copy of the Petition as well. You must then file a Certificate of Mailing of Petition for Modification of Child Support to DHS. Then you must mail a file stamped copy of this Certificate to the DHS office.

Call DHS' toll free number to get their current mailing address: 1-800-843-6154. You can also check the court file or the original Child Support Order.

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Request and Get a Hearing Date

Once you have mailed a copy of your Petition for Modification of Child Support, you will need to wait 30 days to see if the other party files a response. If the other party does not file a response after 30 days, you should request a hearing date. Note: If the other party has signed an Entry of Appearance, Waiver and Consent form, you do not need to wait the 30 days before requesting your hearing.

If the other party has filed a response and has a lawyer, or if a lawyer contacts you before or during the hearing, you should seek legal assistance immediately. It is not a good idea to go up against a person who has a lawyer on your own.

Depending on the county where you filed your Petition, you will need to contact either the Circuit Clerk or the judge's secretary to request a hearing date. You can do this by phone or by mail. Be sure to ask for the default or pro se (without a lawyer) hearing date. Some counties require you to let the other party know of the hearing. If this is the case, you will need to complete and send the Notice of Hearing form to the other party. You will then need to file with the Clerk the Certificate of Mailing of Notice of Hearing to certify when you mailed it.

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Prepare for the Hearing

You will need to prepare the Order Modifying Child Support and the Uniform Order of Support. The Order Modifying Child Support is the document which the judge signs that changes the support. The Uniform Order for Support is used in actually collecting the support.

If you are the one receiving child support, you will also need to prepare the Notice to Withhold Income for Child Support. The Notice is a form which is sent to the employer of the other party so his or her wages can be garnished.

Prepare your testimony using the Petition for Modification of Child Support as your guide. You will need to testify about all of the facts in your Petition (the numbered parts of the Petition). You will also need to testify as to what you want the court to do (the lettered parts of the Petition). If you ask the court to do something that was not in your Petition, you may have to either fix your Petition or you may not get it.

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Attend the Hearing

There is no way to know exactly what will happen at your hearing. But here are some things you should do:

• Bring copies of all the documents you filed and any papers relating to your Petition;
• Arrive at least 30 minutes before your hearing; don’t be late. Check the docket (list of cases being heard that day) or ask the Clerk exactly what room you will be in. Tell the Clerk or the judge’s secretary that you are ready and wait for your case number and name to be called;
• When the judge enters the courtroom, stand until you are told to be seated. When your case is called, step up to the judge's bench. Always refer to the judge as "your honor";
• Before you begin, the judge may ask you about your case. Be prepared to answer about if and when the other party was served;
• To testify, you will need to call yourself as a witness. At this time, the judge will put you under oath and you will present your testimony.

When you testify, your testimony should include:

• Your name and address
• The other party’s name and children
• The names and birth dates of the children
• Where the children live
• Where the other party works and how much he or she makes after taxes each month
• What the current support amount is and why you think it should be changed, and how much you want the support amount to be

After you have testified, the other party (if they show up) will be allowed to ask you questions. You should answer all questions truthfully and directly. After the other side is finished asking you questions, you may want to clear up any matters brought up by the other party. So you can either continue to testify or you may tell the judge you are finished testifying.

If you need other witnesses to testify about certain facts, you should call these witnesses at this time. Like yourself, they will have to be sworn in. Since you are representing yourself, you will have to ask your witnesses questions so that they give the judge the information you want them to. When you are done asking questions, the other party can ask questions of your witnesses.

After you are finished with your side of the case, the other party will be given the opportunity to testify and to call witnesses. You too will be able to ask the other party and their witnesses questions about their testimony. After both sides are finished presenting their cases, the judge will ask both sides if they have any final comments. Then the judge will either make a decision or tell you when to expect a decision.

If the judge grants your Petition, present your Order for Modification of Child Support and Uniform Order for Support to be signed. If the judge wants corrections made, don’t panic. You can ask for permission to submit a corrected version by mail.

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After the Ruling

After the judge has signed the Order Modifying Child Support and Uniform Order of Support, you will need to file them with the Clerk. Then you must send a file stamped copy of the Orders to the other party. To certify (prove) that you have done this, you will need to file a Certificate of Mailing with the Clerk.

As with all documents you file, be sure to keep file stamped copies of these documents for yourself. Remember to hold on to the Orders as they are your proof that the support has been modified. If you lose the Orders, however, don’t panic. As with any document you file, you can always get another copy from the Circuit Clerk. You may, however, have to pay for the copies.

If you are the one receiving support, after you have mailed the Certificate of Mailing, complete and file the Notice to Withhold Income for Child Support. After you have filed the Notice to Withhold, mail a copy to the supporting parent’s employer so that the child support can be deducted from his or her wages. To certify (prove) that you have done this, you will need to file an Affidavit of Service of Notice to Withhold Income for Child Support with the Clerk. Be sure to keep file stamped copies of these documents for yourself.

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If Your Request Is Denied

If your request was denied because you did not have enough evidence, then you will have to wait until circumstances change before you can file another Petition. This is because once the court makes a decision about an incident or an event, it cannot address that same incident or event again.

If your request was denied because of some procedural error on your part, then you should correct the error and request another hearing.

Finally, whenever you lose in court, you have the right to request the court to reconsider its decision. You also have the right to appeal the decision to a higher court. Please note that in most cases you have 30 days or less from the date of the judge’s decision to exercise these rights. Otherwise, you may lose your right to reconsideration or appeal. You should seek the assistance of a lawyer to exercise these rights.

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Helpful Organizations
The following organizations may be able to help you with lawsuit

Organizations 1 of 1

1.

Prairie State Legal Services, Inc. - Rockford Office 303 North Main Street Suite 600 Rockford, IL 61101 | View map Phone: 815-965-2902 TTY: 815-965-5114 Toll-free: 800-892-2985 Languages: English View Website

Prairie State Legal Services, Inc. provides free legal services in civil legal matters for persons who have incomes below 125% of the federal poverty guidelines and senior citizens age 60 and older regardless of income. Eligibility Whether you are eligible for help from Prairie State Legal Services depends on the following factors: You meet our income and asset guidelines, or are age 60 or older. We have no ethical conflict of interest regarding your legal issue. You live within the service area of Prairie State, or have a civil legal problem in one of the counties in our service area. You meet the citizenship or immigration requirements established by Congress. It should be noted that immigrants who are fleeing domestic violence or trafficking are eligible for legal help regardless of immigration status in matters to address the abuse. Government regulations do not prohibit Prairie State Legal Services from handling your type of legal problem. You have one or more legal problems that can be addressed by PSLS attorneys and that fall within our established priorities. Types of Legal Help Due to high demand for our services, our staff is able to provide representation in certain areas of civil law designated as a priority. The following kinds of problems are illustrative of the cases that we may be able to help with (not an exclusive list): High Priority Cases Family Law: Protection from abuse or exploitation of domestic violence victims, elderly, children and persons w/disabilities; divorce and related relief for domestic violence victims. Housing Law: Evictions and lock-outs; foreclosure defense; loss or denial of subsidized housing benefits; loss or denial of essential public utilities; substandard housing conditions cases that cannot be addressed by other agencies. Health Care: Loss or denial of medical or nursing home care; loss or denial of medical benefits (Medicaid, Medicare). Needs-based government assistance: Loss or denial of SSI, GA, TANF, VA, food stamps. Other income benefits where alternative representation is unavailable: Loss or denial of unemployment insurance, Social Security Title II benefits. Other Cases We May Handle Family Law: Child support, custody, guardianship, visitation, parental rights, divorces for non-domestic violence victims. Housing: Rent issues; security deposits; unit size; discrimination. Education: admission, expulsion, special education & related services. Health care and people with disabilities: powers of attorney and other health care documents; discrimination and reasonable accommodations. Income or benefits: overpayments of government assistance; health insurance matters; employment issues. Consumer Law: Bankruptcy or other debt relief; consumer fraud; protection of exempt income and assets; unfair debt collection practices; repossession; contract defenses. View current federal poverty levels

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