How to File for Child Support in Illinois

Where to File Your Child Support Case

In Illinois, you file for child support through your circuit court in the county where the child lives, or where the other parent lives. You do not file with a state office or call a toll-free number — you go to the courthouse itself. If you and the other parent have never been married and there is no custody order yet, the circuit court handles both paternity (establishing who the father is) and support at the same time.

The Illinois Department of Child Support Services exists to enforce orders that already exist, not to create new ones. Your local circuit court clerk's office is where you start. You can find your county courthouse online by searching "[your county] Illinois circuit court" or by visiting the Illinois Courts website.

If you cannot afford the court filing fee, you can request a fee waiver by filling out an process to Proceed In Forma Pauperis (meaning without paying court costs). Hand this form to the clerk when you file, and the judge will decide whether to waive the fee.

Key Takeaways

• File at your county circuit court, not with a state agency, in the county where the child or the other parent lives.
• You will need the other parent's full legal name, date of birth, and current address to start a case.
• If you cannot pay the court filing fee, ask the clerk for an in forma pauperis form to request a waiver.
• The court will set a hearing date, usually several weeks out, and will notify both parents by mail.
• If the other parent does not show up to the hearing, the judge can still enter an order based on your evidence.

What Documents You Need to Bring

Bring the child's birth certificate to prove the child exists and the date of birth. Bring proof of your own identity — a driver's license or state ID card. If you have a custody order already, bring a copy of that too, because it affects how much support is owed.

Bring documents showing the other parent's income: recent pay stubs, tax returns, W-2 forms, or 1099s if they are self-employed. If you do not have these, bring whatever you do have — a letter from their employer, bank statements, or a written statement of what you know about their job and pay. The court can subpoena records later if needed.

Bring proof of your own income as well. The judge uses both parents' incomes to calculate support under Illinois's income shares model, which means the support amount depends on what both of you earn. Bring childcare costs, health insurance premiums for the child, and any other expenses the child has that you pay for.

How to Start the Case at the Courthouse

Go to the circuit court clerk's office in your county courthouse during business hours. Tell the clerk you want to file for child support. The clerk will give you a Petition to Establish Child Support form (or a similar form — the exact name varies slightly by county). Fill it out with the child's name and date of birth, your name and address, and the other parent's name and last known address.

If you do not know the other parent's current address, write down the last address you have and tell the clerk. The court can serve them by mail at that address, or the sheriff can try to locate them. If you truly cannot find them, tell the clerk — the court has ways to proceed.

Pay the filing fee when you hand in your petition, or give the clerk your in forma pauperis form if you are requesting a fee waiver. The clerk will stamp your petition, give you a case number, and schedule a court date. You will receive a notice in the mail with the date and time. The other parent will also receive notice by mail.

What Happens at the First Court Hearing

At the hearing, you and the other parent will stand before a judge or a child support officer (an official who handles these cases). Bring all the income documents you gathered. You will be sworn in and asked questions about your income, the child's needs, and your custody arrangement.

The other parent will also be asked questions. If they do not show up, the judge can still enter an order based on what you present. If they show up but do not have income documents, the judge can estimate their income based on what you both say, or can order them to bring documents to a later hearing.

The judge will calculate the support amount using Illinois's child support guidelines, which are based on both parents' incomes and the number of children. The judge can order a different amount only if following the guideline amount would be unjust or inappropriate — this is rare. The judge will also decide whether one parent pays for health insurance for the child, and how medical expenses are split.

After the Judge Makes an Order

The court will mail you a Judgment for Child Support — an official order that says how much support is owed, when it is due, and who pays it. This order is legally binding. If the paying parent does not pay, you can report it to the Illinois Department of Child Support Services, which can take action like garnishing their wages or suspending their driver's license.

If the other parent's income changes significantly, either of you can ask the court to modify the order. You file a Petition to Modify Child Support and show the judge proof of the income change. The court will not change the order just because someone asks — there has to be a real change in circumstances.

Keep copies of the judgment order in a safe place. You will need it if you ever need to enforce the order or if you move to another state.

If You Need Help Finding the Other Parent

If you do not know where the other parent lives, the Illinois Department of Child Support Services has a locate unit that can search for them using Social Security numbers, employment records, and other databases. You do not have to hire a private investigator. Tell the court clerk that you need help locating the other parent, and the court can refer you to the state locate unit or can order the other parent to provide their current address.

If the other parent is in another state, Illinois can still establish and enforce a child support order under the Uniform Interstate Family Support Act (UIFSA). You file in Illinois, and the case can be sent to the other state for enforcement. This process takes longer but works the same way.

What If You Cannot Afford a Lawyer

Many people file for child support without a lawyer. The forms are straightforward, and the court clerk can answer basic questions about how to fill them out. However, the clerk cannot give you legal information.

If you need legal help, contact your local legal aid office. In Illinois, legal aid is provided by organizations like Legal Aid Chicago, Land of Lincoln Legal information Foundation, and others depending on your county. They provide free or low-cost legal help to people who cannot afford a lawyer. You can find your local legal aid office by calling 211 or searching "legal aid [your county] Illinois."

Some counties also have child support facilitators — court staff who can help you fill out forms and understand the process, though they cannot represent you in court.

Frequently Asked Questions

Do I have to be married to the other parent to file for child support?

No. If you were never married, you file for child support in circuit court just the same way. If there is no paternity order yet (meaning the father is not legally established), the court will handle that at the same time as the support case. You will need the other parent's name and identifying information.

What if the other parent lives in another state?

You can still file in Illinois if the child lives in Illinois or if the other parent lives in Illinois. If the other parent is in another state, the case can be transferred to that state under UIFSA, or Illinois can handle it from here. Tell the court clerk where the other parent lives, and they will explain your options.

How long does it take to get a child support order?

From the time you file to the first hearing is usually four to eight weeks, depending on how busy the court is. If both parents show up and agree on the amount, the judge can enter an order that day. If there is a disagreement or if the other parent does not show up, it may take longer.

Can I file if I already have a custody order from another state?

Yes. Bring a copy of your custody order to the courthouse. The judge will use it to understand the custody arrangement and will factor that into the support calculation. If the custody order is from another state, you may need to register it in Illinois first — ask the court clerk.

What if the other parent says the child is not theirs?

If paternity is disputed, the court can order a DNA test. Both parents and the child will provide a sample, usually a cheek swab. The test is paid for by the court or by the parent who disputes paternity. Results usually come back within a few weeks. Once paternity is established, the support order can be entered.