It is possible to change the amount of spousal support and/or child support after the dissolution judgment has been finalized, but only by filing a petition with the court. In either case, spousal support or child support, the petitioning ex-spouse must show that a "substantial change in circumstances" has occurred.
In Illinois, a "substantial change in circumstances" that justifies an increase of spousal support could include a significant increase in your expenses or decrease in your income. Conversely, it could include a decrease in your ex-spouse's expenses or increase in his or her income. In order to satisfy the test to modify support, you must show more than a minor change in your or your ex-spouse's financial condition.
The same definition for modifying spousal support applies to modifying child support in Illinois as well. Frequently, child support will be changed as the children grow older and their needs become greater or, as stated above, the ex-spouse's income increases, which allows him or her to contribute more to the payment.
Please note that if your original dissolution agreement stated that there could be no future modifications to support, then no change is possible. However, even in this case, the restriction only applies to spousal support, not to child support. The right to child support can never be given up.
Also understand that your ex-spouse is able to use the same criteria to decrease spousal or child support in circumstances in which his or her financial situation has changed for the worse. For example, if your ex-spouse lost his or her job or income has decreased, this would be cause for a petition to decrease support paid to you.
If you have any questions regarding post-decree modifications, please contact my office. I can help assess if your current situation meets the modification criteria.
