When Can Judges Order Higher Than Normal Child Support?

 Posted on November 16, 2025 in Child Support

In Illinois, courts use specific guidelines to calculate child support. These guidelines are meant to be fair, but sometimes the amount determined by usual calculations is not enough. Judges can order higher child support when a child’s needs go beyond the basic formula. If you have questions about paying or receiving child support payments, our experienced DuPage County, IL child support lawyers can answer them.

What Is the Basic Formula for Child Support in Illinois?

When calculating child support, Illinois uses an "income shares" model, under 750 ILCS 5/505, that looks at both parents’ incomes and how much each contributes to the total household income.

They also consider factors like how many children you have, how much you pay for health insurance or child care, and how much time you both spend with your child. The goal is to make sure both parents share responsibility for the costs of raising their child.

When Do Courts Decide To Make Child Support Higher?

Sometimes, the basic formula does not reflect what a child actually needs. When that happens, the judge can order a different amount to make sure the child is properly supported. Some reasons they might increase the support amount beyond the basic formula include:

• Extra medical or school expenses

• A child’s special talents or unique needs

• The standard of living the child would have had if the parents had stayed together

• Significant increases in the cost of health insurance or child care

A parent’s income level and lifestyle can make a difference. If one parent earns several times more than the other, the court may order more support to make sure the child’s lifestyle stays consistent between both homes. Judges do not increase child support to punish anyone. The goal is to protect the child’s best interests.

Do a Child’s Special Needs Affect the Amount of Support?

A child with special needs may require extra financial help. The court can increase child support to cover therapy, medication, special education, assistive devices, or home modifications. These costs are often called "extraordinary expenses." They go beyond what most families normally pay.

For example, if your child needs physical therapy every week or special tutoring that insurance does not cover, those costs can be included in a higher support order. Judges also consider how long those expenses will last. In some cases, the court may continue support after the child turns 18, as permitted by 750 ILCS 5/513.5. This applies when a child has a disability that prevents them from becoming financially independent.

Courts also look at unique family circumstances. If one parent moves for work and the child must travel often to visit, those travel costs can be included in support. A judge can also consider academic or artistic programs that help a child succeed.

If you want to request more support, keep records of medical bills, therapy costs, and educational expenses. These documents show the judge why additional money is needed.

Can Child Support Be Increased for Extracurricular Activities or Sports?

Illinois courts know that children benefit from sports, art, and other activities that help them grow. These activities can be expensive, especially as children get older or participate at higher levels.

A judge can increase support if the activity is part of the child’s normal routine and if it benefits the child’s development. The court looks at the type of activity, the cost, and each parent’s ability to pay. For example, if your child has played on a travel soccer team for years and the costs have increased, the court may decide to raise child support.

The goal is to keep life stable for your child. If an activity has been an important part of their life, the court wants to make sure they can continue participating, even if the parents are no longer together.

Can You Request an Increase in Child Support in Illinois?

Either parent can ask for a change in child support if there has been a substantial change in their circumstances. The process is governed by 750 ILCS 5/510. Not all changes in your life will be considered significant enough to impact child support payment amounts.

Common changes that may support a request for higher child support include:

• Getting a new job with higher pay

• Losing a job or having your hours reduced

• Receiving a significant raise or bonus

• Increases in your child’s medical, therapy, or counseling costs

• Higher school-related expenses, including tutoring or special programs

• Rising costs for sports, arts, or other extracurricular activities

The judge will review both parents’ finances and your child’s needs before deciding whether an increase is fair. If you both agree to the change, the court can approve it quickly. If you disagree, a hearing will be scheduled, and the judge will decide based on the evidence.

Can Judges Increase Child Support Retroactively?

In most cases, increases do not apply to the time before you filed your request. This means if your expenses went up months ago but you only recently filed for a change, you might not receive extra money for those past months.

However, there are exceptions. If one parent hid income or delayed the case on purpose, the judge might allow a retroactive increase. Generally, though, new amounts begin on the date the request is filed. Whether you are the paying parent or the receiving parent, you want to act fast. A lawyer can make sure your paperwork is complete and your request is filed properly.

Contact a Wheaton, IL Child Support Attorney To Discuss Your Case

At A. Traub & Associates, our team includes respected members of the Illinois legal community. Several have gone on to serve as judges and have earned awards for their work in family law. Attorney Angel M. Traub has served as President of the DuPage County Bar Association and received the DuPage Legal Assistance Foundation Pro Bono Service Award.

With decades of combined experience, we provide compassionate, knowledgeable representation for families across DuPage County. Call 630-426-0196 today to schedule a consultation with our DuPage County, IL child support lawyers.