Filing for Child Support

For child support to be granted, you must first have an agreement. If an agreement can be worked out between the parents, it should be consistent with the guidelines provided for under section §505.  If it deviates, the parents will want to be able to show evidence why the deviation was in the best interest of the child.  If the parents are unable to come to mutual understanding for reasonable support then it may be necessary to file a petition for statutory child support with the appropriate court in your county. This petition must include an affidavit stating the jurisdictional basis for the relief, number of children, who has custody, the need for support, income, assets, resources (for both party’s) and the marital status.  If possible the affidavit should also include the child’s basic and essential needs and if available “net income” (as defined by IMDMA §505(a)(3) and 750 ILCS 28/15(d) of the parent from whom support is sought.

In Illinois, every child support order must include an income withholding notice “in the standard format prescribed by the federal department of Health and Human Services” (750 ILCS 28/20©(1) “unless a written agreement is reached between and signed by both parents providing for an alternative agreement, approved and entered into the record by the court, which ensures payment of support” (750 ILCS 28/20(a)(1).

See Also:

Establishing Child Support

Payment of Child Support

Modifications to a Child Support Order

Child Support and Why the Laws Change