This Guide will help you by:Answering general questions about child support in the "Common Questions" section;Preparing a petition to modify child support in the "Forms/Letters" section;Explaining the steps on how to modify your child support in the "Step-by-Step" section;Giving you more information about child support and going to court in the "Related Articles" section;Helping you talk to a lawyer, if you need one, in the "Helpful Organizations" section.Click on words that appear like 'this' to learn what these words mean. When can I ask to increase the child support payment I receive? If you are the custodial parent and would like an increase in child support, you must prove a substantial change of circumstance since the last support order was entered. The court may look at your case for an increase once every 3 years. This can be done by filing a "Petition to Modify Child Support" on your own or hiring an attorney. You can also ask for free help from the IV-D agency (except in a divorce case that has not yet had a decision made).In determining if there has been a substantial change in circumstances, the court will consider circumstances such as the following:An increase in your incomeYou got a new job that pays moreA decrease in your incomeYou lost a jobYou got hurt on the job and are on disabilityYou are receiving social security disability benefitsAn increase in the needs of the child requiring child supportThe child has a disability that requires more supportThe child turned 18When can I ask to lower the amount of child support that I have to pay? You can ask the judge to lower the child support amount that you have to pay by filing a Petition to Modify Child Support if:There has been a substantial change in circumstances since the last time the support order was entered; andYou may have to prove that you were not at fault for the change in circumstances. For example, if you quit your job because your boss was harassing you, instead of that you were fired for stealing on the job. If you are unemployed, child support will build up and you will be in debt until you tell the court that you are unemployed by filing a petition to modify.In determining if there has been a substantial change in circumstances, the court will consider circumstances such as the following:An increase in your incomeYou got a new job that pays moreA decrease in your incomeYou lost a jobYou got hurt on the job and are on disabilityYou are receiving social security disability benefitsAn increase in the needs of the child requiring child supportThe child has a disability that requires more supportThe child turned 18How do I lower the amount of child support that I have to pay? In order to lower your child support payments, you must do the following:Prepare a Petition to Modify Child Support;Attach a copy of the last order that was entered by the court for child support;File the Petition to Modify Child Support;Give at least 7 days notice of the court date to the other parent. File a Notice of Motion and mail a copy by regular and certified mail to all the parties and/or their attorney. Send a Notice of Motion to the State's Attorneys Office if you have an IV-D case.Go to court to present your petition to the judge.Go to the "Forms/Letters" section to view the forms and instructions for a Petition to Modify Child Support and Notice of Motion.To learn more about what you should do when you are in court, please see the information under "Related Articles."How do I calculate my child support payments? 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 your 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; andReasonable expenses for the benefit of the child and the other parent (not gifts).If you can show proof of the any of the above expenses, the Court will reduce your income before determining child support. If these expenses are to be made by you for a fixed period of time, your net income should be reduced for that period of time only. Once that time period is over, your net income and child support should increase.Is there any risk in filing a Petition to Modify Child Support? Yes. Just because you file a petition does not mean that the judge will give you what you want. If you owe back child support or have been brought before the court in the past, you could be denied what you seek and face more problems. If you do not have a concrete plan as to how you will meet your child support obligation, you could also be denied.If you fail to obey a court order without a very good reason, you can be found to be in contempt of court. If you are found to be in contempt of court for not paying child support, the judge could order you to get a job. The judge can also determine a lump sum of money that you must pay to comply with your legal obligation and order you to jail.To learn more, please see the information under "Related Articles."Can I stop or reduce child support payments without going to court? No. Unless a new court order is entered, you will be required to pay the amount of child support that was previously ordered, even if you have lost your job.What if I'm ordered to pay child support for another relationship? If a court entered a child support order for a prior born child or an order for maintenance/alimony from another relationship, then you may subtract that amount from your total income from all sources. This applies when you are making child support payments (for a different child) or maintenance payments that are required by another court order.Example: Your total net income is $1000.00 per week after deducting taxes. Relationship #1 you had 2 children for which child support is being calculated. Deduct the child support amount: 28% of 1000= $280Your new net income = $720Relationship #2 you had 1 child. Your new net income is= $72020% of $720= $144 Your take home income = $576.00/ weekCan I stop or reduce my child support payments on my own? No, if you have stop or reduce your child support payments on your own, you will usually owe the full amount that you should have paid. This is called an arrearage. Also, if the court decides that you had the ability to continue paying child support, you could get into trouble, including going to jail. You should speak to a lawyer if you are in this situation before filing a Petition to Modify Child Support.If you lost your job or your income was reduced for no fault of your own, you can file a Petition to Modify Child Support. If the judge lets you reduce your support payments, you will owe the new support amount and the arrearage. The judge could make you pay the arrearage by a certain date, but will most likely order a payment plan.Can I stop paying child support because the other parent stopped visitation? No. Illinois law does not see visitation as an exchange for child support. The courts hold the non-custodial parent in contempt for not paying child support. The court can hold the custodial parent in contempt for not letting the other parent visit. Where there is no court order for visitation, the non-custodial parent is at the mercy of the custodial parent in terms of getting to visit his or her child. Before you refuse to pay support, remember that not paying child support harms the child. Also, not paying support could be used against you later. For example, if there is a case filed to cut off your parental rights or if you decide you would like to get custody.Should I notify my employer of the new child support order? Yes, if:Your child support has been terminated, but your employer is still withholding child support from your paycheck. Give your employer a copy of the new Order granting your Petition and terminating your support;Your child support has been reduced, but your employer is still withholding your old child support amount. You must give your employer a copy of the new Uniform Order for Support and a Notice to Withhold Income for Support for them to change their records. They will begin to take out a different amount from your paycheck. Your employer does not need a copy of the Order granting the Petition.Go to the "Forms/Letters" section to complete the forms for a Uniform Order of Support, Notice to Withhold Income for Support and Order granting the Petition.