| > | | | | Notice |
| Family Law Summaries | | | | In General Modification of child support payments can |
| The trial court is justified in increasing child support if | | | | be had only as to those installments accruing |
| the needs of the child and the earnings of the | | | | subsequent to due notice by the moving party of the |
| supporting parent have increased since the judgment | | | | motion for modification. Support payments may be |
| granting child support was entered. Where a former | | | | modified only as to installments accruing after the |
| spouse's ability to pay child support is shown, the fact | | | | party moving for modification has given due notice. |
| that the children have grown older and the cost of | | | | Pleadings |
| living has risen are proper bases for establishing | | | | Where petitioner sought modification of divorce |
| increased need. The increase in the children's needs | | | | decree to compel ex-spouse to support the parties' |
| must be balanced against the relative ability of the | | | | mentally disabled child after she attained majority; the |
| parents to provide for them, and where a change has | | | | petition adequately asserted a "change in |
| occurred which creates a substantial imbalance | | | | circumstances" based on the child's continuing handicap |
| between the child's needs and the parent's support | | | | after attaining majority; however, it may not have been |
| capabilities, modification is required. The increased | | | | necessary to plead a "change in circumstances" under |
| needs of the child may be established by the child's | | | | this section since there may be a substantive obligation |
| growing older and the increase in the cost of living | | | | to support a mentally disabled child in 750 ILCS 5/513, |
| established by the expert testimony. New or changed | | | | unrelated to the terms of any prior divorce decree. |
| conditions are necessary to warrant a change in | | | | Retroactivity |
| support payments, and increased needs of children | | | | Child support payments may be modified only as to |
| may be presumed from the fact that children have | | | | installments accruing after the party moving for |
| grown older and the cost of living has risen. An | | | | modification has give due notice. A modification for |
| increased in support payments is warranted when the | | | | child support 20 years after the divorce could not be |
| evidence establishes that the needs of the children | | | | applied retroactively. The question of whether |
| have increased, and the means of the father have | | | | modification of child support should be retroactive is |
| also increased so as to enable him to contribute | | | | within the discretion of the trial court. |
| additional sums to his children's support. | | | | |