What needs to be filed after child support arrears are paid?

Full question:

If a child support order was modified and a person was ordered to pay X amount as the new order with X amount in addition for X amount of weeks to make up the amount in arrears. After the amount in arrears had been paid up, what needs to be filed for the ordered amount (without the extra) to go into effect? What form is a filed, a Petition or a Motion? Also, if someone is wanting to modify visitation details of a joint parenting agreement, would he/she file a Petition or a Motion?

• Category: Divorce
• Subcategory: Modification
• Date: 04/07/2025
• State: Illinois

Answer:

A court may grant a motion to modify a divorce decree if both parties agree or if there is a significant change in circumstances. While some aspects of the decree are modifiable, property division is final and cannot be changed. Child support can be modified if there is a significant change, such as a substantial income change or a new partner contributing to expenses. Visitation orders can also be modified by demonstrating a significant change in circumstances, like a change in work schedule or concerns for the child's safety. The court's decision is based on the child's best interests.

A motion and a petition are formal requests to the court for something, and they are generally treated similarly. If granted, the court will issue an order, making the requests enforceable.

In Illinois, all support orders must include a provision requiring the obligor to notify the court of any changes in employment or contact information within seven days. Additionally, if a party is receiving child support enforcement services, they must file specific information with the Department of Healthcare and Family Services.

For modifying visitation details, one would typically file a motion or petition, depending on the specifics of the case.