Appealing an Illinois Child Support Modification

 Posted on October 02, 2013 in Child Custody

It is possible to appeal a family court's modification of a child support order in Illinois. Typically an appeals court will not reverse a family court's factual findings used to make a child support modification unless they are against the "manifest weight" of the evidence.

In addition to not typically disturbing a trial court's factual findings, a Cook County appeals court will usually not change a child support modification unless it constitutes an abuse of discretion.

Courts have wide range of latitude in deciding child support cases, so it is rare that an appeals court will find that a family court abused its discretion.

There have been cases however where Illinois court have terminated a noncustodial parent's obligation to pay child support on appeal. These cases typically involve "extreme and unusual" allegation concerning the custodial parent's behavior.

These allegations have to go further than alleging that a parent merely violated the terms of visitation. Parents have typically had to show that the custodial parent has actively interfered with the relationship that the noncustodial parent has with his or her children.