Factors Considered For Child Support
Trial courts have wide latitude in determining whether a substantial change in circumstances has occurred and should consider not only the needs of the child and the financial status of the non-custodial parent, but also the needs and financial status of the custodial parent, the financial resources of the child, the standard of living the child would have enjoyed had the marriage not been dissolved, and the physical, emotional, and educational needs of the child.
Subsection (a) of this section allows for modification of a child support order upon a showing of a substantial change in circumstances, in deciding whether to modify a support order, the court must consider the same factors it weighs under section 505 of the Act (750 ILCS 5/505) when it formulates an original support order.
Whether a spouse may rely on his retirement as a change in circumstances justifying a modification of maintenance depends on circumstances justifying a modification of maintenance depends on the circumstances of the individual case; relevant factors include his age, his health, his motives and timing for the retirement, his ability to pay maintenance after retirement, and the other spouse’s ability to provide for himself.
Economic reversals as a result of changes in employment or bad investments, if made in good faith, may constitute a material change in circumstances sufficient to warrant a modification of a child support order.
In determining whether a change in status was made in good faith, the crucial consideration is whether the change was prompted by a desire to evade financial responsibility for supporting the children or otherwise jeopardize their interests.
If the threshold question of substantial change is met, the court in determining the modification, considers the same factors it considered in formulating the original amount.
In determining whether there is a substantial change in circumstances, factors to be considered include the needs of the child, the financial status of the non-custodial parent, the financial status and educational needs of the child.
In making a determination as to whether a substantial change has occurred, the court must take into consideration the circumstances of the parents, the circumstances of the children, the ability of the mother as well as that of the father to provide support, their ages, health, property and income, and stations in life, and the court may also consider whether the supporting spouse has remarried.
Where a former spouse’s ability to pay is shown, the fact that children have grown older and the cost of living has risen are proper bases, for establishing increased need, considering the best interests of the children.
The increase in the children’s needs must be balanced against the relative ability of the parents to provide for them, and where a change has occurred which creates a substantial imbalance between the child’s needs and the parent’s support capabilities modification is required.
Assets derived from the divorce settlement itself cannot be considered in measuring the alleged improvement in spouse’s financial circumstances, for to do so would constitute an attack on the divorce decree itself.
A change of circumstances which will permit a modification of the child support provisions contained in a divorce decree may relate either to the needs of the child, the financial condition of the parents, or both.
Changed circumstances which permit modification of child support payment provisions relate to the needs of the minor child and the financial circumstances of the parties.
An increase in monthly support payments is warranted when the evidence establishes that the needs of the children have increased, and the means of the father have also increased so as to enable him to contribute additional sums to his children’s support.
