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