Child support can be increased based on a motion brought before the court under the Illinois Marriage and Dissolution of Marriage Act. There must be a basis to bring the motion seeking an increase in support. In many cases, divorce decrees will provide that the payer provide a copy of his or her tax return every year, to the recipient. The reason for this is that the recipient, while there is an obligation to pay and receive support, has the right to know what the payer is earning.
For example, if, from one year to the next, the payer’s tax returns showed income of $20,000, and then the following year showed $40,000, the recipient very well may be entitled to an increase in child support. The parties can agree to an increase in child support. They can come into court on an agreed order and have it entered before the court. It can then be made part of the judgment and sent to the payer’s employer for withholding.
However, in most cases, the person who has got the increase doesn’t necessarily want to bring that to the other party’s attention, because he or she knows that will lead to an increase in the amount that he or she has to pay. In those situations, we bring a motion before the court, we litigate the issue, we discover what the person is making, and we bring to the court’s attention so that the proper amount of child support can be deducted.
That is how you get an increase. To show a substantial increase in the income of the payer, you get an attorney involved who will bring the proper motion, bring it before the court, do proper discovery, and make sure that you are getting your statutory amount that you’re entitled to under the Illinois Marriage and Dissolution of Marriage Act.