Has your parenting schedule changed since you got divorced? Do you have more time with your child(ren) than you had before? Does your spouse now have less overnight parenting time than at the time your divorce was finalized? You may qualify for a modification in the court order for child support.
Child support is governed by Section 505 of the Illinois Marriage and Dissolution of Marriage Act. Section 505 of the Illinois Marriage and Dissolution of Marriage Act was amended to implement an income-sharing system for calculating child support. The amendment became effective July 1, 2017. Since that date, there have been a few appellate court cases that have provided some guidance regarding parties’ attempts to use the new child support statute to modify previous child support court orders.
In order to modify a previous court order for child support, the requesting party must prove to the court that there has been a substantial change in circumstances since the entry of the last court order. The law requires that this substantial change in circumstances must be something other than the fact that the law itself has changed. If the requesting party proves that there has been a substantial change in circumstances, then the court must apply the statutory factors to determine the new child support amount under the new law.
In re the Marriage of Izzo,
was presented with several facts on which the petitioning father relied in order to establish that there had been a substantial change in circumstances. However, the court focused on the single factor that father’s overnight parenting time had increased