Can I Ask the Court To Lower My Child Support Payment in Illinois?

 Posted on August 15, 2025 in Child Support

If you are struggling to keep up with child support payments, you can request a change to the support order under the right circumstances. Illinois law allows modifications in certain situations, but there are strict requirements. A Cook County, IL child support attorney can help you determine whether your circumstances meet the legal standard and guide you through the process.

What Does Illinois Law Require To Modify Child Support?

In Illinois, child support obligations are governed by the Illinois Marriage and Dissolution of Marriage Act. Under 750 ILCS 5/510(a), a court may modify a support order if there has been a "substantial change in circumstances." That phrasing may sound vague, but that is because the court considers every case based on the unique details of the situation. Examples of common acceptable changes in circumstances include a significant decrease in income, job loss, increased medical expenses, or a change in the child’s needs. The law also allows for review every three years through the Department of Healthcare and Family Services (HFS) to ensure the order aligns with current income and support guidelines. However, until the court approves a modification, you must continue making payments as ordered.

How Do I Request a Child Support Modification in Illinois?

To begin, you must file a petition with the same court that issued the original order. This process is governed in part by 750 ILCS 5/511, which sets procedural rules for enforcing and modifying support orders. Your petition should include evidence of the substantial change in circumstances. This can involve:

• Pay stubs, tax returns, or proof of job loss

• Medical bills or documentation of increased expenses

• School or childcare cost statements

• Records showing changes in parenting time

Once filed, the court will schedule a hearing, where you will have the chance to present your evidence.

Can a Petition To Modify Child Support Be Challenged in Illinois?

Just as you can request a post-decree modification of child support, your co-parent can oppose the modification. Under 750 ILCS 28/20, which addresses child support enforcement, both parties have the right to present evidence in court. A common argument against modification is that the change in circumstances is temporary or was caused intentionally to reduce payments.

For example, if you voluntarily quit your job without a valid reason, the court may deny your request. Judges carefully evaluate whether the change is permanent and significant enough to justify lowering payments.

Considerations Before Filing for a Modification of Child Support

Before seeking a modification, remember to continue paying your current obligation until the court approves a new amount. Maintain detailed financial records to support your claim, as the court will review both your incomes and the child’s best interests. If your change in circumstances is likely to reverse soon, be aware that temporary changes often do not qualify for a modification. Acting quickly can help prevent overdue payments, interest, and potential enforcement actions.

Contact a Chicago, IL Child Support Attorney Today

If you are facing financial challenges and need to lower your child support payments, the experienced Cook County, IL child support lawyers at The Law Office of George J. Skuros can help. Our team focuses on helping clients fully understand the legal issues so they are prepared and have a realistic idea of possible outcomes. Regardless, we still fight for the best-case scenario. We will assess your eligibility, prepare the strongest possible petition, and represent you in court. Call us at 312-884-1222 today to schedule your free consultation.