Is it time to request a Modification of Child Support?

Do you have reason to believe that your ex isn't paying as much child support as he should be?  Have their circumstances changed for the better, enabling them to provide more for the children? New job?  Unclaimed side job money?  If this is your situation, you have the right to ask the Judge to review the current circumstances and modify the amount of child support you receive.  It's not very difficult to do and you can accomplish this without the expense of an attorney.

Before we move into the method for requesting this change, keep this in mind:  You need to have GOOD REASON to believe that your ex is making more money than he was when your current child support order was put into place.  A yearly cost of living raise isn't going to do it... but a new position or a promotion are just cause to ask the Judge to review current income levels.  Don't waste your time, money and resources for a $5 a week increase, it's just not worth it.  But if the non-custodial parent was making minimum wage when the support order was issued, and now they are making union wages... time for a change.

Step 1)  Prepare and file a Petition to Modify Child Support - This document is your specific request to the Judge to modify your existing Child Support Order.  You need to be as specific as possible and as complete as possible. For example, if you are currently receiving contributions to health care or arrearage payments, be sure to include a request for the court to continue to enforce those payments in addition to child support.  You don't want to leave anything out.  To obtain a court date to present your petition to the Judge, call the court and see if they will give you a court date over the phone.  If not, you'll have to go to the court house to make the request and fill in the assigned court date when filing the petition.

Here is an example of a Petition which can be modified for your county

Step 2) Prepare and file A Notice of Motion - This notice is your method of informing the other party that they have to appear in court.  Once you have your form completed, make 3 copies of both the Petition to Modify Child Support and the Notice of Motion and bring them all to the Clerk of the Circuit Court to have them filed.  Ask that they stamp each copy.  (1 copy for the court, one for the other party and one for you.)

Here is McHenry County, Il's blank Notice of Motion form

Step 3) Mail the Petition to Modify Child Support along with the Notice of Motion to the other party - If you are certain of their mailing address, regular mail is a perfectly acceptable method of mailing. I like to keep a receipt by mailing it at the post office just as one more document in the paper trail. Don't send the page titled PROOF OF SERVICE BY MAIL just yet (see next step.)

Step 4) Complete Proof of Service by Mail and Financial Affidavit - One you've mailed the petition and notice, complete the Proof of Service by Mail section.  This is your proof to the judge that the other party was notified, should they not show up for court. In addition, if you live in McHenry County, you will need to complete a Financial Affidavit (as the judge won't hear your case until both parties have completed that paperwork).  

McHenry Counties Financial Affidavit is available here

Once the Proof of Service by Mail and Financial Affidavit are completed, you will again need to make 3 copies and file each with the court. This filing can even be done the morning of court.  Don't forget to include the past 2 years tax returns and current pay stubs with the financial affidavit.

Step 4)  Prepare your case - Depending on your situation, this part may be as simple as having the Judge review the financials presented and setting child support based on state law for child support obligations. If it's more complicated than that, you need to be prepared with any evidence you have that shows an increase in wages.  Preparing and presenting your case is a great topic for my next blog... just keep in mind that you need to be organized, prepared and rehearsed.  Handle this as you would any business presentation or speech.  Even if your ex shows up with an attorney, you get your chance to be heard and to present the facts.

Step 5) Show up for Court and be prepared for the Judge to review your petition and most likely set a hearing date (at which point the other party will have to present their financial information.)  If the other party doesn't show at the first court date, you very well may get to present your petition and ask the judge to immediately rule. I did that once and walked out of court with the proper increase in child support and no hassles, don't get me wrong, it was a rare occasion but it happens.





ALL FORMS PRESENTED ARE EXAMPLES AND MAY NEED TO MODIFIED FOR YOUR SOLE INTENT.  I AM NOT AN ATTORNEY AND AM NOT OFFERING PROFESSIONAL LEGAL ADVICE.