Family & Safety

Child support payments can be modified if there has been a substantial change in circumstances. A substantial change in circumstances can be: 

• An increase in the needs of children;
• An increase in the ages of children;
• An increase in the cost of living for the children; or
• A change in either party A person or business involved in a court case in a role like plaintiff, petitioner, defendant, respondent, or intervenor. ’s financial situation (such as an increase or decrease in income or involuntary job loss of a party)

Learn more about changing or ending child support and use the Illinois Child Support Estimator calculator. 

You should speak with a lawyer Someone who represents clients in courts or who gives legal advice if:

• The child's living situation has changed. For example, the child is now living with you or someone other than the person with the majority of parenting time Time that a child spends with a parent. Usually, the child lives mostly with one parent and has regular contact with the other (formerly called visitation). ;
• You owe back child support;
• You want to file your petition (noun) A written request to a court (verb) To request from a court in a different judicial circuit than where your case was originally filed; or
• You have more than one child support order A decision by a court telling a parent to pay child support .

If your original child support case was an administrative order A decision made by a government agency through the Illinois Department of Healthcare and Family Services (IDHFS), then you must request the child support modification through them. If you want to file the motion to modify in a circuit court The lowest level of court in Illinois , you must first register your administrative order.

If your original child support case was decided by a judge in a divorce, parentage The relationship between a parent and a child , or standalone child support case, then you can fill out and sign the forms listed below and proceed with the remaining steps. Note that the modification process may be different in each county, so it’s a good idea to check the clerk’s website or ask the clerk about local procedures and rules.

The Motion to Modify Child Support asks the judge to change or end the child support order A decision by a court telling a parent to pay child support that was previously established in your dissolution of marriage Divorce order, parentage order, or child support order. The “Petitioner A person who makes a written request to a court ” listed is the person who filed the documents to begin the previous dissolution of marriage, parentage, or child support case. The “Respondent A person who has a petition filed against them ” is the other parent, or it can be the parents if the Petitioner is a non-parent caregiver. In this motion, you are the “Movant” who is asking the judge to make changes to the child support order from that original case.  

Make at least three copies of the following forms after you’ve completed the appropriate sections:

• Motion to Modify Child Support
• Order for Support (note the judge will fill in the new child support amount)
• Child Support Information Sheet
• Notice of Court Date for Motion
• Income Withholding for Support
• Letter to Employer About Income Withholding for Support

There are fees to file many court forms, especially when starting a case. Fees are different from case to case and county to county. Contact the circuit clerk The office that takes care of files and documents for circuit court cases to find out about their fees. Many circuit clerks list their fees on their website.

If you qualify, you can get a fee waiver. A fee waiver allows you to file for free or at a reduced cost.

Now that you have filled out your forms, you need to file them with the appropriate circuit clerk. You will need to electronically file ("e-file") them unless you have an exemption. 

File the forms at the courthouse in the county where the original child support order A decision by a court telling a parent to pay child support was entered, as part of this pre-existing case.  View a map of judicial circuits on the Illinois Courts website  ​

You should file the following forms:

• Motion A request to the judge to make the court or a party in the case do something to Modify To change or adjust Child Support Money paid by a parent to help another parent support a minor child or an adult child with a disability - an original and two copies (attach a copy of your last child support order to each motion),
• Child Support Information Sheet, and
• Application for Waiver A document that gives up a legal right or excuses a requirement of Court Fees (if applicable)

You will need to get a date for your court hearing When the parties in a case present their sides of a case to a judge or other officer . How you will find out about the court date (or hearing date) and time depends on how you filed your case.

• E-filing Short for "electronic filing." You file court papers using a computer instead of handing them to the clerk in person. This is required in Illinois as of 1/1/18. : The website you used to electronically file may let you pick your court date (or hearing date) and time. If it does not, contact the clerk.
• Paper filing: If you filed in person at the courthouse, the clerk will let you pick your court date then, or they may pick for you.

Some counties will notify the other party A person or business involved in a court case in a role like plaintiff, petitioner, defendant, respondent, or intervenor. of the hearing When the parties in a case present their sides of a case to a judge or other officer date, but in most counties, you need to complete, file, and send the Notice of Court Date for Motion form to the other party.  You will need to:

• Mail a file-stamped copy of your Motion to Modify To change or adjust Child Support Money paid by a parent to help another parent support a minor child or an adult child with a disability to the other party, and
• Mail a completed Notice of Court Date for Motion form.

If the other parent is currently represented by a lawyer Someone who represents clients in courts or who gives legal advice , you must send these documents to that lawyer.

You must also send a file-stamped copy of the Motion to Modify Child Support to the Illinois Department of Healthcare and Family Services (IDHFS) if either of the following is true:

• The person receiving child support is receiving cash assistance (Temporary Assistance for Needy Families, also known as TANF) from IDHFS; or
• If the IV-D Services helped the person receiving child support get the original order you are trying to modify.

You can check the court file or the original child support order A decision by a court telling a parent to pay child support to get IDHFS’ current mailing address. If you cannot find this information, call the IDHFS' toll-free number at (800) 447-4278. 

Prepare what you are going to tell the judge (your testimony Evidence given orally by witnesses ) using the Motion A request to the judge to make the court or a party in the case do something to Modify To change or adjust Child Support as your guide. You will need to testify To answer questions under oath about all of the facts in your motion (lettered portions of the motion). You will also need to tell the judge what you want the court to do (the part after the “Wherefore” in the motion).

Some courts will require a Financial Affidavit with supporting documents to be filed as well as given to the other party A person or business involved in a court case in a role like plaintiff, petitioner, defendant, respondent, or intervenor. . You may also need to bring to court information that will help the judge decide how much the support will be. You can get help calculating the correct amount of child support by using the Illinois Department of Healthcare and Family Services online child support estimator.

If you ask the court to do something that was not in your Motion, you may have to edit your Motion.  If you need to edit your original Motion, you will need to ask the judge for “Leave to Amend” the original Motion. “Leave to Amend” just means getting permission from the judge to edit your original Motion. If you edit your original Motion, file the new document as an Amended Motion. You must serve Giving court documents to someone the Amended Motion to all parties. 

Go to court on the date listed on your Notice of Court Date for Motion A request to the judge to make the court or a party in the case do something . It is important to follow the suggestions below when going to court.  If this is your first time going to court, learn more about the process of going to court in Illinois.

You have the right to represent yourself in court. However, you are expected to know and follow the court's rules and procedures. Most people who work in the courthouse cannot give you legal advice, meaning they cannot help you decide what to do, evaluate your chances of success, or present your argument to the judge.

To navigate the court system, you need basic information about your case. Most of the information should be listed on court papers:

• Petitioner A person who makes a written request to a court 's name (this is the Petitioner in the original case that established the child support),
• Respondent A person who has a petition filed against them 's name (this is the Respondent in the original case that established the child support),
• Movant’s name (you), and
• Case number A number assigned to a case that is on every paper filed in the case .

Bring these items and individuals with you to court:

• Copies of all the documents you filed with the circuit clerk The office that takes care of files and documents for circuit court cases ,
• Any documents related to what you are requesting, including the original request for child support and the Motion to Modify To change or adjust Child Support,
• Any witnesses whom you want to testify To answer questions under oath ,
• Any documents you want the judge to look at, and
• A photo ID.

Follow these suggestions when going to court:

• Be polite and dress the way you would for a job interview,
• Get to the courthouse at least 30-45 minutes before your hearing When the parties in a case present their sides of a case to a judge or other officer time,
• Go to the courtroom number on your court forms. If your forms do not have a courtroom number, look for a list of cases at the courthouse or ask the circuit clerk,
• Check in with the judge’s clerk or coordinator sitting on either side of the judge’s seat,
• Know your line number and tell the clerk or coordinator your name and line number (you may have to sit outside the courtroom),
• Listen for your name or your line number to be called and then step up to the bench Where the judge sits. Usually a table and a chair. Not an actual bench. ,
• Be prepared to swear to tell the truth and to answer A written statement used to respond to the complaint or petition in a lawsuit questions truthfully,
• Explain briefly the issue you would like to address before leaving the courthouse, and
• Listen for the court to tell you what will happen next, after hearing from you and the other side.

To testify, you will need to call yourself as a witness A person who answers questions in court under oath . The judge or the judge's clerk will put you under oath, and you will present your testimony Evidence given orally by witnesses . Your testimony should include:

• Your name and address,
• The other party A person or business involved in a court case in a role like plaintiff, petitioner, defendant, respondent, or intervenor. 's name,
• The names and birth dates of the children you have with the other party,
• The names and birth dates of the other party’s children from other relationships,
• Where the children live, who they live with, and how many overnights each parent or caregiver typically has over the course of a year,
• How much income the other party has and where it comes from (should include from all sources, including salaries, wages The amount of money that a person is paid for work they do , bonuses, commissions, rental income, and investment dividends),
• How much income you have and where it comes from (should include from all sources, including salaries, wages, bonuses, commissions, rental income, and investment dividends),
• What has changed since the last child support order A decision by a court telling a parent to pay child support (including any changes to parenting time Time that a child spends with a parent. Usually, the child lives mostly with one parent and has regular contact with the other (formerly called visitation). , medical or childcare expenses for the children, or changes in either party's income),
• What the current support amount is and why you think it should be changed,
• How much you want the support amount to be (and what the Illinois Department of Healthcare and Family Services online child support estimator says it should be, and why these two amounts may differ), and
• Which party is providing health insurance for your minor A person under 18 years old children, and the monthly cost of the premiums Money that must be paid every month, such as for health insurance .

If the judge grants your Motion, present your Order for Support to be signed. If the judge wants corrections made, you can ask for permission to submit a corrected version by mail.

You should receive a copy of whatever order is entered that day. Don’t leave the courtroom without it unless the judge instructs you to do so. If you do not receive an order that same day, ask when you can expect one and follow up with the circuit clerk if you have not received it by that day. 

If your Motion A request to the judge to make the court or a party in the case do something to Modify To change or adjust Child Support Money paid by a parent to help another parent support a minor child or an adult child with a disability is granted

After the judge has signed the Order for Support, you must send a file-stamped copy of the order to the other party A person or business involved in a court case in a role like plaintiff, petitioner, defendant, respondent, or intervenor. . To certify (prove) that you have done this, you will need to file a Proof of Delivery form with the circuit clerk The office that takes care of files and documents for circuit court cases .

Like 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, you can always get another copy from the circuit clerk.

If you are the parent receiving support, you may also need to complete the Income Withholding for Support. Afterwards, mail the following to the paying parent’s employer so that the child support can be deducted from their paycheck:

• Letter to Employer About Income Withholding for Support,
• Income Withholding for Support, and
• Order for Support.

To certify (prove) that you have done this, you will need to file a Proof of Delivery with the circuit clerk. Be sure to keep stamped copies of these documents for yourself.

If your Motion to Modify Child Support is denied

If the judge did not grant your request because you did not prove why child support should be changed, you will have to wait until circumstances have changed enough before filing another motion. 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 When the parties in a case present their sides of a case to a judge or other officer .