Ex husband filed a petition to reduce his child-support obligations. The trial court found that there had not been a substantial change in circumstances even though ex husband’s overnight custody had grown from 15% to 45%.

The court explained that ex husband’s increased share of custody was too long ago. It had taken place five years after the original judgment.  But,  but four years before the petition to modify that he filed.  Ex husband appealed.

The Appellate Court reversed.  It found that the trial court made an error of law when it found the change too remote.

Ex husband’s circumstances at the time of the petition should have been measured against his circumstances at the time of the most recent support judgment.  Not against the circumstances at some time between the two events.

The Court determined that the change in custody was sufficient on its own to establish a substantial change in circumstances.  This justified a reduction of the child-support amount.

In re Marriage of Izzo, 2019 IL App (2d) 180623 (October 15, 2019).