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