| The trial court is justified in | | | | In General Modification of child support |
| increasing child support if the needs of | | | | payments can be had only as to those |
| the child and the earnings of the | | | | installments accruing subsequent to due |
| supporting parent have increased since | | | | notice by the moving party of the motion |
| the judgment granting child support was | | | | for modification. Support payments may |
| entered. Where a former spouse's ability | | | | be modified only as to installments |
| to pay child support is shown, the fact | | | | accruing after the party moving for |
| that the children have grown older and | | | | modification has given due notice. |
| the cost of living has risen are proper | | | | Pleadings |
| bases for establishing increased need. | | | | Where petitioner sought modification of |
| The increase in the children's needs | | | | divorce decree to compel ex-spouse to |
| must be balanced against the relative | | | | support the parties' mentally disabled |
| ability of the parents to provide for | | | | child after she attained majority; the |
| them, and where a change has occurred | | | | petition adequately asserted a "change |
| which creates a substantial imbalance | | | | in circumstances" based on the child's |
| between the child's needs and the | | | | continuing handicap after attaining |
| parent's support capabilities, | | | | majority; however, it may not have been |
| modification is required. The increased | | | | necessary to plead a "change in |
| needs of the child may be established by | | | | circumstances" under this section since |
| the child's growing older and the | | | | there may be a substantive obligation to |
| increase in the cost of living | | | | support a mentally disabled child in 750 |
| established by the expert testimony. New | | | | ILCS 5/513, unrelated to the terms of |
| or changed conditions are necessary to | | | | any prior divorce decree. |
| warrant a change in support payments, | | | | Retroactivity |
| and increased needs of children may be | | | | Child support payments may be modified |
| presumed from the fact that children | | | | only as to installments accruing after |
| have grown older and the cost of living | | | | the party moving for modification has |
| has risen. An increased in support | | | | give due notice. A modification for |
| payments is warranted when the evidence | | | | child support 20 years after the divorce |
| establishes that the needs of the | | | | could not be applied retroactively. The |
| children have increased, and the means | | | | question of whether modification of |
| of the father have also increased so as | | | | child support should be retroactive is |
| to enable him to contribute additional | | | | within the discretion of the trial |
| sums to his children's support. | | | | court. |
| Notice | | | | |