Illinois child support orders can only be modified by filing a petition requesting an increase or decrease in child support with the court that has jurisdiction over your case. Your petition should state the basis for the child support modification request as well as a “prayer for relief” explaining the change in child support obligation you’re requesting from the court.
Since you’re seeking modification of an existing support order, you don’t need to serve the petition through the sheriff. You can serve the notice of the petition via mail at the responding party’s last known address.
However, if the petition seeks other actions by the court other than the child support modification, such as a change in the allocation of parental time and responsibility, you must serve your petition by certified mail 30 days before the date of the hearing.
Also, if you’re seeking child support modification after the final judgment has been made in your case, you must deliver the notice to the responding party, as opposed to their attorney, because the law deems that the lawyer’s representation ended at the entry of the final order.
It’s essential to note that you can’t use self-help to modify child support in Illinois. Thus, if the other party can’t adhere to visitation rights, suspend your child support payments before getting an order from the court.