VERIFIED PETITION TO MODIFY CHILD SUPPORT

(Illinois – Circuit Court, Family Division)

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
4. Representations & Warranties (Verification)
5. Covenants & Restrictions (Statutory Compliance)
6. Default & Remedies (Enforcement Mechanisms)
7. Risk Allocation (Not Applicable)
8. Dispute Resolution
9. General Provisions
10. Execution Block
11. Exhibits & Attachments

I. DOCUMENT HEADER

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IN THE CIRCUIT COURT OF [COUNTY] COUNTY, ILLINOIS
FAMILY DIVISION

In re the Parentage/Marriage of )
)
[PETITIONER FULL NAME], )
Petitioner, ) Case No. [____]
)
and )
)
[RESPONDENT FULL NAME], )
Respondent. )
VERIFIED PETITION TO MODIFY CHILD SUPPORT AND FOR ENTRY OF INCOME WITHHOLDING ORDER
(Eff. Date of Filing: [MM/DD/YYYY])

Recitals
1. On [DATE OF ORIGINAL ORDER], this Court entered a Judgment of [Parentage/Dissolution of Marriage] (“Original Judgment”) that, inter alia, ordered [RESPONDENT/PETITIONER] to pay child support in the amount of $[AMOUNT] per [week/bi-week/month] for the minor child(ren) [CHILD NAME(S)] born [DOB(S)].
2. Since entry of the Original Judgment, circumstances have materially changed as more fully set forth below, warranting modification of child support pursuant to 750 Ill. Comp. Stat. 5/510(a).
3. This Petition is filed in compliance with Illinois’ income-shares guidelines, 750 Ill. Comp. Stat. 5/505, and the Illinois Income Withholding for Support Act, 750 Ill. Comp. Stat. 28/1 et seq.

[// GUIDANCE: Attach a stamped copy of the Original Judgment for quick judicial reference.]

II. DEFINITIONS

For purposes of this Petition, capitalized terms have the meanings assigned below:

1. “Act” means the Illinois Marriage and Dissolution of Marriage Act, 750 Ill. Comp. Stat. 5/1-101 et seq.
2. “Current Income” means each party’s most recent 12-month gross and net income figures as required by § 505(a)(3)(A) of the Act.
3. “Guideline Support” means the presumptive support amount determined under the income-shares model codified at § 505(a)(1.5).
4. “Material Change in Circumstances” means any change meeting the threshold of § 510(a) or the passage of 36 months since the last support order, whichever is applicable.
5. “Minor Child(ren)” refers collectively to the child(ren) of the parties who have not yet attained the age of majority or otherwise become emancipated.
6. “Original Support Order” means the child-support provisions contained in the Original Judgment.

III. OPERATIVE PROVISIONS

1. Jurisdiction & Venue
   a. The Court retains continuing, exclusive jurisdiction over child support pursuant to § 510(a) of the Act.
   b. Venue is proper in [COUNTY] County because the Original Judgment was entered here and/or the child(ren) reside(s) here.

2. Statutory Basis for Modification
   a. More than 36 months have elapsed since the entry of the Original Support Order and/or
   b. A Material Change in Circumstances has occurred, including but not limited to:
   i. Substantial increase/decrease in [PETITIONER/RESPONDENT]’s income;
   ii. Change in the child(ren)’s needs (e.g., health-care, education, extracurricular expenses);
   iii. Change in the parenting-time schedule;
   iv. Obligor’s other legal child-support obligations.

3. Updated Financial Information
   a. [PETITIONER]’s Current Income: $[__] gross / $[_] net monthly.
   b. [RESPONDENT]’s Current Income: $[] gross / $[___] net monthly.
   c. Complete and accurate Financial Affidavits (Illinois Supreme Court-approved form) are attached hereto as Exhibit B.

4. Guideline Calculation
   a. Based on the attached Illinois Income Shares Worksheet (Exhibit A), Guideline Support is $[CALCULATED AMOUNT] per month.
   b. The Guideline Support amount differs from the Original Support Order by ≥ 20% or $10 per month, satisfying § 510(a)(1) modification standards.

5. Requested Relief
   a. Modify child support to $[NEW AMOUNT] per [week/month], effective [EFFECTIVE DATE];
   b. Allocate health-insurance premium responsibility as follows: [PERCENTAGE / FIXED AMOUNT];
   c. Apportion unreimbursed medical, dental, orthodontic, vision, and extracurricular expenses [___ % Petitioner / ___ % Respondent];
   d. Enter a Uniform Order for Support with immediate income withholding pursuant to 750 ILCS 28/20;
   e. Grant such further relief as equity may require, including attorney’s fees under § 508 and costs as justice requires.

6. Conditions Precedent
   a. Service of this Petition and Notice of Motion upon Respondent in compliance with Supreme Court Rules 11 & 12.
   b. Exchange of updated financial disclosures at least 7 days before hearing.

7. Conditions Subsequent
   a. Either party may move to further modify support in the event of additional statutory changes or subsequent material changes in circumstances.

[// GUIDANCE: Many Illinois judges apply retroactivity to the filing date of the Petition. Consider requesting explicit retroactive language in the proposed order.]

IV. REPRESENTATIONS & WARRANTIES (VERIFICATION)

1. Pursuant to 735 ILCS 5/1-109, the undersigned certifies under penalties of perjury that the statements set forth in this instrument are true and correct except as to matters stated to be on information and belief and as to such matters the undersigned certifies as aforesaid that he/she verily believes the same to be true.
2. The undersigned further represents that all required financial documents have been disclosed in good faith.

V. COVENANTS & RESTRICTIONS (STATUTORY COMPLIANCE)

1. Both parties shall comply with continuing disclosure obligations imposed by § 501 and local court rules regarding financial updates until final adjudication of this Petition.
2. Neither party shall transfer, encumber, conceal, or otherwise dispose of assets outside the ordinary course of business pending resolution, except by written agreement or Court order.

VI. DEFAULT & REMEDIES (ENFORCEMENT MECHANISMS)

1. Failure to comply with any final modified support order shall constitute prima facie evidence of contempt and may result in:
   a. Income withholding;
   b. Entry of a money judgment for arrearages with statutory interest;
   c. Suspension of driver’s, professional, or recreational licenses as authorized by 750 ILCS 5/505(b-5);
   d. Any other remedies provided under Illinois law.

2. Attorney Fees & Costs
   The prevailing party in any enforcement proceeding arising from this Petition shall be entitled to reasonable attorney fees and costs as determined under § 508(b).

VII. RISK ALLOCATION

(Indemnification and liability caps are not applicable in child-support matters; monetary exposure is governed exclusively by statute.)

VIII. DISPUTE RESOLUTION

1. Governing Law: The laws of the State of Illinois, including but not limited to the Act and related procedural statutes.
2. Forum Selection: Exclusive jurisdiction and venue shall remain with the Circuit Court of [COUNTY] County, Illinois, Family Division.
3. Arbitration: Not available for child-support determinations under Illinois law.
4. Jury Waiver: Issues of child support are heard without a jury pursuant to Illinois statute.
5. Injunctive Relief: Income withholding shall operate as a statutory injunction against the obligor’s income sources.

IX. GENERAL PROVISIONS

1. Amendment & Waiver: Any amendment to requested relief shall be made by written motion in accordance with Illinois Supreme Court Rules 131–137.
2. Severability: Should any provision herein be deemed unenforceable, the remainder shall remain in full force to the extent permitted by law.
3. Integration: This Petition, together with its exhibits, constitutes the complete request for modification presently before the Court.
4. Electronic Signatures: Permitted to the fullest extent allowed under Illinois Supreme Court Rule 9(c)(2) and the Uniform Electronic Transactions Act, 5 ILCS 175/1-101 et seq.

X. EXECUTION BLOCK

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Respectfully submitted,

[PETITIONER NAME], Petitioner
Address: [___]
Telephone: [___]
E-mail: [_____]

—or—

[ATTORNEY NAME] (ARDC #_)
Attorney for Petitioner
Firm: [___]
Address: [___]
Telephone: [____]
E-mail: [_______]
VERIFICATION
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Under penalties of perjury as provided by law pursuant to 735 ILCS 5/1-109, the undersigned certifies that the statements set forth in this Petition are true and correct.

____ Date: _______
[PETITIONER NAME]
CERTIFICATE OF SERVICE
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The undersigned certifies that on [MM/DD/YYYY], a copy of this Petition, Exhibits, and Notice of Motion were served upon [Respondent/Respondent’s counsel] via [method of service] in compliance with Supreme Court Rule 11.

[NAME]

XI. EXHIBITS & ATTACHMENTS

• Exhibit A – Illinois Income Shares Calculation Worksheet
• Exhibit B – Financial Affidavit (Illinois Supreme Court-Approved Form)
• Proposed Uniform Order for Support (marked “Proposed”)

[// GUIDANCE: Attach blank versions of Exhibits for template use. Replace with completed, signed versions before filing.]

[// GUIDANCE: FINAL CHECKLIST FOR PRACTITIONER
1. Confirm venue and caption format match local circuit requirements.
2. Update statutory references if amended after the date of this template.
3. Attach Local Rule financial disclosures (some circuits require additional forms).
4. Schedule hearing date with Clerk and include on Notice of Motion.
5. Serve opposing party at least 30 days before hearing if seeking retroactive relief.
6. Bring four (4) copies of proposed Uniform Order for Support to court.]