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 — but life does not stand still. Incomes change, children’s 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 — which means the arrangement you have today is not necessarily the one you are stuck with.
For mothers, this cuts two ways, and we handle both. Sometimes you need to seek a change — more support when the father’s income rises or your child’s 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’s Divorce & Family Law Group by Haid and Teich LLP helps mothers on both sides of a modification, always with your children’s security as the goal.
If your circumstances have changed — or the other parent is trying to change your order — talk with a Chicago custody lawyer who represents mothers. Free, confidential consultation, call 312-445-8830.
When can you modify child support in Illinois?
Illinois allows child support to be modified when there has been a substantial change in circumstances (750 ILCS 5/510). In practice, that usually means a meaningful change in either parent’s finances — 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’s 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’s 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’s real income and your child’s actual needs.
When can you modify custody or parenting time?
The rules differ depending on what you want to change (750 ILCS 5/610.5). Parenting time — the schedule of when the child is with each parent — can be modified at any time, as long as you can show changed circumstances and that the change serves the child’s best interests. Significant decision-making responsibilities are harder to change: generally, no modification can be sought within two years of the order, unless the child’s current environment seriously endangers their physical, mental, or moral health. In all cases, the court’s touchstone is the best interests of the child. Substantial changes courts recognize include a decline in the child’s well-being in one home, a parent’s relocation, or a parent exposing the child to danger.
How does the modification process work?
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 — tax returns, pay stubs, and affidavits — and, for custody changes, evidence about the child’s 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 — so you cannot simply stop paying, or withhold the child, on your own.
How we help you
Whether you are seeking a modification or defending against one, our job is to protect your children’s 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 — and we make sure it changes in a way that protects your children.
Related: Child Support · Child Custody · Relocation · Parental Alienation · Spousal Support
When your circumstances change, your order can too. Reach out for a free, confidential consultation.
