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If you are divorced, legally separated, or living apart from the other parent of your child, you may be entitled to receive child support from the other parent. Child support is money one…

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If you are divorced, legally separated, or living apart from the other parent of your child, you may be entitled to receive child support from the other parent. One way to get child support is to ask a judge to order the other parent to pay child support.

Before you do anything else you must make sure that the parent you are trying to receive child support from is the legal parent of your child. If a person was married to the child’s mother when she became pregnant or when the child was born, that person is legally assumed to be the child’s legal parent. If the child's parents were never married, the parent asking for child support must first prove that the other person is the child’s legal parent. Please read Establishing parentage (paternity) before beginning the next steps.

Fill out and sign the forms listed below. Make at least three copies of each form. You can also find all the forms on the Illinois Courts website.

For married parents: choose whichever of the following is appropriate for your situation, fill in all blanks, and sign where indicated. No matter which of the below you choose you must always also fill out and serve a Summons, which tells the other person that a lawsuit was filed against them.

• Petition for Dissolution of Marriage: Complete this form to begin the process of getting a divorce, including the allocation of parental responsibilities and child support. Learn more about Getting a divorce.
• Petition for Temporary Child Support: Although not required, you can ask the judge for temporary child support during the time your case is being decided by filing a motion with the court asking for temporary child support. You should also include proof that there is a financial need for child support immediately. You will then go to court and tell the judge why you need immediate child support before the case is finished. You should also ask the court or the circuit clerk if they have a specific form you should use instead.
• Petition for Child Support: Sometimes, individuals do not want to get divorced from their spouse but are separated from them. If you are legally separated you can still request child support. You should ask the circuit clerk if they have a specific form you should use.
• Summons: Tells the other person that a lawsuit was filed against them. No matter what type of initial Petition you are filing, you will need a summons.

For unmarried parents: Choose whichever of the following is appropriate for your situation, fill in all blanks, and sign where indicated. No matter which of the below you chose you must always also fill out and serve a Summons, which tells the other person that a lawsuit was filed against them.

• Mother's Petition for Parentage and Allocation of Parental Responsibilities: Asks the court to establish parentage (paternity) and give the parent responsibilities over the child.
• Father's Petition for Parentage and Allocation of Parental Responsibilities: Asks the court to establish parentage (paternity) and give the parent responsibilities over the child.
• Summons: Tells the other person that a lawsuit was filed against them.

If you do not have money to pay court fees that are set by the circuit clerk, you should also fill out the below application:

• Application for Waiver of Court Fees: Asks the court to participate in the court case for free if you do not have money to pay the court filing fees.

Now that you have filled out your forms, take the following actions:

• File the forms with the circuit clerk at the courthouse in the county where you live to start your court case. Bring all three copies. You may be able to file online. Check your local circuit clerk's website to see if online filing is an option.
• Pay the court filing fee or get a fee waiver. There are fees to file most court forms. The fees depend on what kind of case you have. To find out how much the fees are, contact your local circuit clerk's office. If you don't have the money to pay the fees, file the Application for Waiver of Court Fees you filled out in Step 1. The court will review your Application for Waiver of Court Fees and decide whether you have to pay the court fees.
• The circuit clerk will stamp and keep the original forms. Have the circuit clerk also stamp the extra copies of your forms. Keep at least one copy for your records.
• Ask the circuit clerk for the first court date. The circuit clerk will either give you the court date when you ask or tell you how you will find it out.

After filing, you must send the other party or parties a Summons and attach a file-stamped copy of any documents you filed with the court. A summons is a document that tells a person about the lawsuit and when to come to court. Here are the rules to know about a summons:

• It is your responsibility to make sure the other party gets the summons;
• There is usually a cost to having a summons served. The cost depends on how the other party is served; and
• If you do not give the other party a summons (or they never receive the summons) telling them about your lawsuit within the required time, the lawsuit may be dismissed because there was no proper notice of the lawsuit.

Usually, the judge will ask you to complete a Financial Affidavit before the court hearing date at which you present your evidence. These forms ask for information about your income, property, assets, debts, and monthly expenses. Many circuit clerk offices have blank financial affidavits for you to fill out and file.

• Financial Affidavit: Use this link to help you prepare a financial affidavit for use in Illinois.

Once you fill it out, file it with the circuit clerk and send a copy to the other parent. Keep a copy for your records so that you can provide one to your assigned judge. You must send a copy of anything you file with the circuit clerk to the other parent and then file a proof of service that shows that you sent that copy to the other parent.

You will go to court on the set court hearing date and present your case. The other parent will likely be given time to respond and to complete their financial statement. The judge may set your case for status to confirm that the information was exchanged. If the two of you cannot agree on a child support amount, the judge will set your case for a hearing.

Check if your courtroom is operating on Zoom or in person.

It is important to follow the below suggestions when going to court on Zoom:

• Check the night before to make sure you have the most updated Zoom information, which should be available on the court’s website.
• Practice logging into Zoom and learning where the controls are for video, audio, and changing your name.
• Log on at least 5 minutes in advance. Make sure your name is your first and last name so that the court knows who you are.
• Make sure you are in a quiet place with minimal disruptions during court. Make sure you are not driving or walking around during court. Stay muted until your case is called.
• When your case is called, unmute and tell the judge you are here, what the case is set for, and what you want out of the case. Answer any questions the judge has about your case. Listen to the judge when they explain what happens next.
  

It is important to follow the below suggestions when going to court in person:

• Get to the courthouse at least 30 minutes before your hearing time. Go to the courtroom listed on your court forms. If your forms do not have a courtroom number, look for a list of cases at the courthouse or ask the circuit clerk.
• Check in quietly with the courtroom staff and wait for your name and case number to be called.
• When your case is called, walk up to the judge and introduce yourself. Briefly tell the judge what you want out of the case. After listening to you and the other side, the judge will let you know what happens next.
• Always refer to the judge as “Your Honor.”
• Bring copies of all the documents you filed and any papers relating to what you are requesting, including your request for child support, paystubs, bank statements, tax returns from recent years, receipts for childcare expenses, receipts for extracurricular activities you have your child enrolled in, receipts for school expenses, and receipts for health care expenses.
• The judge may ask you about your case. Answer honestly.
• To testify, you will need to call yourself as a witness. The judge or the judge's clerk will put you under oath, and you will present your testimony.

When you testify, your testimony should include:

• Your name and address;
• The other parent's name;
• The names and birth dates of your child or children; and
• Who the child or children live with.
  

You should also provide more detailed information, such as:

• Tell the judge exactly what you are asking for. For example, tell the judge if you are asking for child support or tell the judge if you want the other parent to contribute to specific expenses such as childcare, educational, extracurricular activities, and healthcare.
• If you are asking that the other parent contribute to any of the expenses noted above, be ready to explain to the judge why those expenses are necessary. For example, you need childcare because you need to work to provide for your child.

You should also bring to court any evidence that you have to prove your case. Useful evidence that can help you prove your case includes the other parent's:

• Paystubs,
• Tax returns,
• Bank statements, and
• Anything else that shows how much money the other parent makes.

When the judge makes a decision, they will likely issue the Order for Support. The court may order life insurance to be purchased to cover child or spousal support. This ensures that there will be money to pay support in case the person paying dies.

You should then mail the Order for Support, Income Withholding for Support form, and a Letter to Employer form to the other parent's employer. It is best to send these by certified mail so that you have proof they are delivered to the employer. That way, the child support will automatically be deducted from the other parent's paycheck and sent to you through the Illinois State Disbursement Unit.

The mailing address of the Illinois State Disbursement Unit, where child support should be mailed, is P.O. Box 5400, Carol Stream, IL 60197-5400.