Change In Circumstances
Effective Date
Any proceedings commenced subsequent to the effective date of subsection (b) of this section to modify alimony or maintenance is governed by its provisions. Kowalski v. Kowalski
___Computation
The trial court’s reliance on a retroactive application when computing support arrearage created error because trial court could not provide for reduction in father’s support payments. In re Jobe
___Waiver
Although a court cannot reduce the amount owing on past-due installments of child support, in a proper case the court can give effect to an agreement by a party to waive the payments or accept a lesser amount. Anderson v. Anderson
___Ability to Pay
The increased ability of the obligor parent alone can justify an increase in child support. In re Heil
___Application
Subsection (a) of this section governed cases in which the trial court was making an initial determination of child support or an initial award of child support and maintenance, not, as occurred in the case at bar, the termination of maintenance and the modification of child support; therefore, plaintiff, who met her burden of establishing a substantial change in circumstances, was entitled to some increase in support payments. Deardeuff v. Deardeuff
___Authority of Old Case Law
Since subsection (a) of this section codifies previous case law by requiring a showing of a substantial change in circumstances before a support order can be modified, cases determined prior to the new Act are relevant in determining what disposition should be made with respect to child support cases. Spencer v. Spencer
___Burden of Proof
In a case arising out of the construction and application of an agreement incorporated into the parties’ divorce decree, the appellate court determined that further proceedings were required to determine whether the former wife had established changed circumstances warranting an increase in child support; the former husband had carried his burden of showing that changed circumstances warranted an adjustment in procedures regarding the son’s medical expenses, but further proceedings were required to determine how the procedures should be implemented. Turrell v. Turrell
The payor spouse is not relieved of demonstrating changed circumstances; rather, the lack of good-faith effort to achieve financial independence may, if proved, constitute the changed circumstances necessary for modification; this distinction is important due to the burden of proof. In re Lenkner
A modification may only be had upon the showing of a “substantial change” in circumstances. In re Olsen
After the threshold question of whether a substantial change in circumstances has occurred is answered, then and only then may the court determine the amount of the increase in child support. In re Heil
The burden of demonstrating a substantial change in circumstances is on the party seeking modification. In re Lyons
In order to obtain relief under either this section or 750 ILCS 5/610, a petitioner must show a change in circumstances from the situation which existed at the time the original order was entered; in both cases, relief may be necessary while an appeal is pending but the appellate court cannot grant such relief because its only power to change the effect of the judgment on appeal is that to stay the enforcement of the judgment. In re Spangler
To receive increased support pursuant to a modification of settlement agreements, a moving party must show that the children have grown older and the cost of living has risen if , at the same time the moving party can also demonstrate an increased ability on the part of the defendant to pay. In re Helfrich
Modification of child support may be made only upon a showing of substantial change in circumstances. In re Schmerold
In order to establish a substantial change in circumstances the petitioning party must show an increased ability of the supporting spouse to pay and increased needs of the children since the previous order. In re Schmerold
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