{"id":138,"date":"2016-07-29T12:24:00","date_gmt":"2016-07-29T17:24:00","guid":{"rendered":"https:\/\/www.womensfamilylawyers.com\/?page_id=138"},"modified":"2026-09-15T12:42:57","modified_gmt":"2026-09-15T17:42:57","slug":"divorce-custody-agreements","status":"publish","type":"page","link":"https:\/\/www.womensfamilylawyers.com\/family-law\/divorce-custody-agreements\/","title":{"rendered":"Modifications"},"content":{"rendered":"
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Reviewed by Joshua P. Haid<\/a>, Managing Partner<\/h3>\n

Modifying a Custody or Support Order in Illinois<\/h1>\n

A divorce or custody order reflects your life at the moment it was entered \u2014 but life does not stand still. Incomes change, children\u2019s needs grow, jobs and homes and circumstances shift. When they do, your order can change with them. Illinois law lets parents modify child support, and custody and parenting time, when circumstances have meaningfully changed \u2014 which means the arrangement you have today is not necessarily the one you are stuck with.<\/p>\n

For mothers, this cuts two ways, and we handle both. Sometimes you need to seek a change \u2014 more support when the father\u2019s income rises or your child\u2019s needs grow, or a different parenting arrangement that better serves your child. Other times you need to defend against a change the other parent is seeking, like an attempt to reduce the support your child depends on. The Women\u2019s Divorce & Family Law Group by Haid and Teich LLP helps mothers on both sides of a modification, always with your children\u2019s security as the goal.<\/p>\n

If your circumstances have changed \u2014 or the other parent is trying to change your order \u2014 talk with a Chicago custody lawyer who represents mothers. Free, confidential consultation, call <\/em>312-445-8830<\/em><\/a>.<\/em><\/p>\n

When can you modify child support in Illinois?<\/h2>\n

Illinois allows child support to be modified when there has been a substantial change in circumstances (750 ILCS 5\/510<\/a>). In practice, that usually means a meaningful change in either parent\u2019s finances \u2014 the father getting a raise, promotion, or new job (a reason to seek an increase), or a job loss or significant income drop. A significant change in the child\u2019s needs, such as new medical or educational costs, can also qualify. Separately, support can be reviewed roughly every three years even without a specific change, or if the order never addressed the child\u2019s healthcare. Whoever asks for the change carries the burden of proving it, so documentation matters. For a mother receiving support, this is how you make sure the amount keeps pace with the father\u2019s real income and your child\u2019s actual needs.<\/p>\n

When can you modify custody or parenting time?<\/h2>\n

The rules differ depending on what you want to change (750 ILCS 5\/610.5<\/a>). Parenting time<\/strong> \u2014 the schedule of when the child is with each parent \u2014 can be modified at any time, as long as you can show changed circumstances and that the change serves the child\u2019s best interests. Significant decision-making responsibilities<\/strong> are harder to change: generally, no modification can be sought within two years of the order, unless the child\u2019s current environment seriously endangers their physical, mental, or moral health. In all cases, the court\u2019s touchstone is the best interests of the child. Substantial changes courts recognize include a decline in the child\u2019s well-being in one home, a parent\u2019s relocation, or a parent exposing the child to danger.<\/p>\n

How does the modification process work?<\/h2>\n

Modifying an order is its own legal proceeding. It begins by filing a petition with the court that entered the original order and serving the other parent. Both sides typically provide updated financial information \u2014 tax returns, pay stubs, and affidavits \u2014 and, for custody changes, evidence about the child\u2019s circumstances. The court then holds a hearing and decides whether the standard is met. Two practical points matter: the parent requesting the change must prove it, and modifications generally are not retroactive, so it is important to act promptly when circumstances change rather than waiting. Until a court actually changes an order, the existing order stays in force \u2014 so you cannot simply stop paying, or withhold the child, on your own.<\/p>\n

How we help you<\/h2>\n

Whether you are seeking a modification or defending against one, our job is to protect your children\u2019s security and your rights. When you need more support or a better arrangement, we build and document the case for the change. When the other parent seeks to cut support or alter custody in a way that would harm your child, we defend against it with the same rigor. And we make sure you follow the proper process, so you never jeopardize your position by acting on your own before the court has ruled. Your order can change when your life changes \u2014 and we make sure it changes in a way that protects your children.<\/p>\n

Related:<\/strong> Child Support<\/a> \u00b7 Child Custody<\/a> \u00b7 Relocation<\/a> \u00b7 Parental Alienation<\/a> \u00b7 Spousal Support<\/a><\/p>\n

When your circumstances change, your order can too. Reach out for a free, confidential consultation.<\/em>
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Reviewed by Joshua P. Haid, Managing Partner Modifying a Custody or Support Order in Illinois A divorce or custody order reflects your life at the moment it was entered \u2014 but life does not stand still. Incomes change, children\u2019s needs grow, jobs and homes and circumstances shift. When they do, your order can change with … <\/p>\n

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