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Notice In General Modification of child support payments can be had only as to those installments accruing subsequent to due notice by the moving party of the motion for modification. Support payments may be modified only as to installments accruing after the party moving for modification has given due notice. Pleadings Where petitioner sought modification of divorce decree to compel ex-spouse to support the parties' mentally disabled child after she attained majority; the petition adequately asserted a "change in circumstances" based on the child's continuing handicap after attaining majority; however, it may not have been necessary to plead a "change in circumstances" under this section since there may be a substantive obligation to support a mentally disabled child in 750 ILCS 5/513, unrelated to the terms of any prior divorce decree. Retroactivity Child support payments may be modified only as to installments accruing after the party moving for modification has give due notice. A modification for child support 20 years after the divorce could not be applied retroactively. The question of whether modification of child support should be retroactive is within the discretion of the trial court. Article Source: http://www.articlewheel.com
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