What Does "Substantial Change in Circumstances" Mean?

 Posted on January 20, 2025 in Illinois Divorce

If you have gone through a divorce or separation and are dealing with issues like child support, child custody, or alimony, you may have heard the phrase "substantial change in circumstances." This term is important in family law because it determines whether you can request changes to existing court orders.

Illinois law allows changes to child support, custody (now called "parenting time" and "decision-making responsibilities"), and spousal support (alimony) when there has been a significant change in circumstances that makes the current order unfair or no longer workable.

Understanding what counts as a "substantial change" and how it applies to your case is critical. A Kane County, IL family lawyer can help you determine if your situation qualifies and guide you through the modification process.

What Does "Substantial Change in Circumstances" Mean in Family Law?

A "substantial change in circumstances" is any major life event or new information that significantly impacts the facts used to create an original court order. Illinois courts will not change child support, parenting time, or alimony without proof that something important has changed since the last order was made.

The change must be significant enough to justify a modification. Small or temporary changes usually do not qualify. For example, if you lose a few days of work due to illness, it is not likely to be considered a substantial change. However, losing your job or receiving a major promotion might meet the standard.

When Does This Apply to Child Support?

Child support orders are based on the financial situation of both parents and the needs of the child. A substantial change in circumstances could include:

• A parent losing their job or experiencing a significant drop in income.

• A parent getting a higher-paying job or another source of income.

• Changes in the child’s needs, such as new medical expenses or school-related costs.

Illinois law also allows for a child support modification review every three years, even if there has not been a substantial change. However, outside of these reviews, you must show a substantial change to request a modification.

What About Parenting Time and Decision-Making?

Parenting time and decision-making responsibilities (formerly referred to as custody) can also be modified if a substantial change in circumstances occurs. This could include a parent who experiences some type of change that affects the parenting time schedule, like a new job with different hours or a job that requires a move to another state.

But a substantial change in circumstances could also mean behavioral changes that make a parent unable to care for a child, like substance abuse or neglect. Likewise, a child’s needs could change enough that a parenting plan needs to be modified.

The court will always prioritize the best interests of the child when deciding whether to modify parenting arrangements. A substantial change must show that a modification is necessary to better meet the child’s needs.

How Does This Apply to Alimony?

For spousal maintenance (alimony), a substantial change in circumstances might include:

• A significant increase or decrease in either party’s income.

• The remarriage or cohabitation of the person receiving alimony.

• Changes in the financial needs of either party, such as medical issues or retirement.

Illinois law recognizes that life is unpredictable, and court orders should be updated to reflect major changes that make the original order unfair or unworkable.

Get Help from a Kane County, IL Family Lawyer

If you believe there has been a substantial change in circumstances that affects your child support, parenting time, or alimony order, you should consult with an experienced family lawyer. A St. Charles, IL family law attorney at Weiler & Associates, Inc. can help you evaluate your situation and file for a modification if appropriate.

Call 630-331-9110 today to schedule a consultation and learn more about how we can help with your case. Family court orders can be adjusted to fit life’s changes, and we are here to help you navigate the process.