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