Illinois Child Support
How to File for Child Support in Illinois
The Support Services agency within Illinois’ Department of Healthcare and Family Services is responsible for helping children in the state receive their rightful financial support from both parents. When parents do not reside together, the custodial parent can apply for child support services to help establish and enforce court-ordered support from the other parent. Parents need to complete an application either online, by direct mail or in-person at your local child support office. If you need any assistance completing your application, then call 1-800-447-4278 to speak with a support representative. Once your application is received, your case will be reviewed. You will be contacted by a representative with information about your next steps.. Download Forms.
Illinois Child Support Calculator
New legislation that went into effect last year has changed the way courts calculate child support. The new system is an income-share system that factors in both parent’s income, a basic support obligation, additional expenses and the parenting time the paying parents spends with their child.
Child Support Payments in Illinois
Paying parents should submit all payments to the Illinois State Disbursement Unit. Payments can be made by check, direct mail, credit card, automatic deduction, over the phone or online. Parents who are receiving payments can collect them either through direct deposit into their bank account or deposit onto a state-issued debit MasterCard.
Child Support Performance Stats for Illinois
According to statistics from the fiscal year 2013, about 39 percent of families in Illinois don’t receive their court-ordered support payments. About eight percent of all past due support payments were collected and distributed by the state in 2013.
Statistics for Regular On-Time Payments Collection
Other Incentive Performance Measures
Performance Measures
2012
2013
2014
2015
2016
Statewide Paternity Establishment (%)
87.41
89.99
88.76
90.49
83.18
IV-D Paternity Establishment (%)
N/A
N/A
N/A
N/A
N/A
Support Order Establishment (%)
81.02
81.92
81.58
81.72
82.65
Cost-Effectiveness ($)
4.41
4.61
4.61
4.68
4.75
Total Number of Children in the Child Support Program
Total Distributed Collections and Total Administrative Expenditures ($ Millions)
2012
2013
2014
2015
2016
Total Distributed Collections ($)
802.97
805.88
805.08
807.77
811.74
Total Distributed to Families ($)
772.49
777.33
776.39
780.16
786.27
Total Administrative Expenditures ($)
199.08
190.63
190.44
187.96
185.39
Average Collections per Case with Collections
Can the support be paid off early?
Early child support payments are accepted by the support agencies, but it’s important to discuss such an action with the caseworker assigned to your case. If you are currently under automatic income withholding, then these payments may continue to come out of your check even when you’ve paid extra previously.
What Will happen if You fall Behind the Support Payment?
The following will proceed if the support payment is overdue in Illinois:
- Reporting a failure to pay to credit agencies
- Interception of state income tax refund
- Withholding of income
- Revocation of state licenses
- Interception of federal tax refund
- Denial or revocation of passport
Can you get alimony and support at the same time?
Yes, parents with primary custody of their child may be provided both the support and alimony payments from the other payment during a divorce proceeding. Previously unmarried custodial parents can’t receive alimony.
Can you stop the support payments?
It’s never a good idea to stop making payments on your court order unless your obligation has ended and all your outstanding debts have been paid. If you are having trouble making payments, then it’s imperative that you contact your local child support office.
Child Support and Taxes
When parents in Illinois do not live in the same household, only one of them is entitled to claim the child as a dependent for tax purposes. Whichever parent claims the child will receive a tax credit. If parents can’t make a decision on who should get the tax credit, then courts may include this determination as part of the support order.
Can the support payments be claimed on taxes in Illinois?
Child support will be included in the payor’s taxable income. Support payments themselves are not tax deductible, so they shouldn’t be claimed on taxes.
How does my child support affect my taxes in Illinois?
Parents receiving payments will not pay tax on the support. Child support is not income taxable, so it shouldn’t be listed on tax documents as income for the receiving parent.
Can child support be taken pre tax?
No, the support payments are included in the payor’s income, so they are paid after income tax has already been levied.
Can child support Take my federal tax return?
Yes. When child support goes unpaid, it turns into a federal debt. Federal debts can be collected by an interception of federal income tax returns. The IRS will notify parents ahead of time about the interception.
Paternity Establishment
Paternity defines the legal relationship between a child and their father. A child’s biological father is not the same thing as the child’s legal father. If the mother is unmarried when the child is born and the father doesn’t sign the birth certificate, then the child has no legal father according to Illinois law.
How do you establish paternity?
Paternity may be established automatically through marriage, voluntarily through a paternity form signed by both parents at the hospital or through a court action.
What rights does a father have if not on birth certificate?
If the father isn’t on the birth certificate and isn’t married to the mother, then they do not have any legal rights to seek visitation or custody of their youngster even if it is proven that they are the biological father.
Can a mother refuse me paternity test?
Without a court order, it is possible that a mother will attempt to block potential fathers from seeking a paternity test. Seeking a paternity hearing can help fathers enforce their right to a genetic test.
How to establish paternity if the father is deceased?
When the biological father has passed away, establishing paternity can still be beneficial for the child. It may be possible to conduct genetic testing to confirm paternity.
Can a father get a paternity test without the mother?
Paternity tests usually consist of the analysis of the DNA of the mother, child and alleged father. Without the mother’s DNA, it would be very difficult to prove paternity through these methods. Courts can coerce a mother to submit to these tests though court orders.
How long does a father have to establish paternity in Illinois?
In Illinois, paternity suits can be filed until the child reaches their 20th birthday.
Support Order Establishment
Once paternity and custody have been established, courts will seek to determine an appropriate amount of support the non-custodial parent should contribute for the child. This amount will be based on established state guidelines and may include acceptable deviations. The parent who doesn’t have primary custody will be ordered to pay this amount to the custodial parent.
State Child Support orders
The state of Illinois takes these court orders very seriously. It is mandatory for custodial parents to oblige with the court’s orders even when they don’t agree. It’s possible to appeal your case or request a modification of the overall amount, but it is not acceptable to refuse to pay.
Can the support be modified?
Yes, Illinois support orders can be modified, but the department is not able to address issues regarding monetary issues, custody or visitation outside of child support payments.
Support can be modified when there has been a significant change in circumstances, the child’s needs, the parent’s needs or the non-custodial parent’s income. Orders are also eligible for a review every three years.
How do I file for a modification of child support?
To file a request for a modification review of your support order, contact the Maximus Customer Service number at 1-888-245-1938. You can also submit a request in writing to your regional child support office.
Can a support order appealed?
Yes. To appeal a decision by the child support department, parents will need to submit a written request for a hearing. In this request, parents will need to explain the reasons for the appeal and include supporting documents regarding your case.
Do you need a lawyer to modify the support?
It isn’t necessary to hire legal representation to modify the support orders, but a lawyer can help advocate for your best interests during the review process.
Child Support Enforcement
How long does the support enforcement take?
Processing times are affected by things like whether or not paternity needs to be established and if a non-custodial parent can be located.
What to do when the support is not paid?
If you aren’t getting your owed payments, then you need to contact your local child support office and report the non-payment.
What Happens if I’m not paying the support?
The consequences of non-payment may include but are not limited to wage garnishment, tax refund withholding, suspension of drivers license and passport revocation.
How much overdue child support payment can be considered a felony?
The non-paying parent can face felony charges when they willfully avoid paying support for over two years or more than $10,000.
Can the support debt be forgiven?
Child support is rarely if ever forgiven in Illinois.
Support Order Termination
How do I stop a child support order?
File a modificiation request with the family courts or state child support office.
When Can I Apply for Child Support Termination?
The support naturally terminates when the child becomes emancipated or has reached their 18th birthday and graduated high school.
Can the custodial parent close a support case?
Custodial parents can close a support case at any time by sending a letter to the local child support office so long as the parent isn’t currently receiving financial state assistance.
When Can I Stop Paying the Support?
Most orders already have an expected termination date when the order is entered into.
When the child turns 18 and has graduated high school.
Illinois Hearing Rights
Children, mothers and potential fathers all have a right to seek a paternity hearing when paternity hasn’t been established. Parents with custody of their children have a right to pursue child support orders from the non-custodial parent.
IL Child Support Guidelines
Illinois uses a basic child support formula to calculate the total child support obligation. The basic support obligation, based on the state’s guidelines, is multiplied by the percentage contributed to both parent’s combined income. This amount is then added to any additional expenses awarded by the court to determine a final amount.
Illinois Child Support Coverage
What is the support meant to cover?
Payments are meant to cover the basic expenses of raising a child including clothing, food, shelter under Illinois child support laws.
Does the Support Cover Medical Care Expenses?
In Illinois, payments do not always include medical costs. It’s important for parents to petition the court to add these additional expenses to their order.
What if Both Parents are working, will the Support Cover child care services?
In some situations, Illinois courts will award childcare services as an additional expense to a support order.
Are Car Maintenance Costs Covered by the Support?
In most cases, car maintenance courts will not be awarded to the custodial parent.
What is Considered Basic Entertainment for Child Support?
Basic entertainment can consist of expenses related to toys, bikes, computers, the internet or other age-appropriate activities for children.
Are College and School expenses Covered by Child Support?
In Illinois, custodial parents can apply for assistance with college-level expenses before or after the child reaches 18-years-old.
Yes, basic school-related costs are covered by payments.
Are Extracurricular Activities covered by Support?
Extracurricular activities are not typically included in orders, but courts may award additional support for these activities when requested by the custodial parent, reviewed in court and approved by the judge.
Illinois Child Support Offices
| Institution name | Physical address | Email address | Phone number | Website |
|---|---|---|---|---|
| Illinois Department of Healthcare and Family Services | 401 S. Clinton Chicago, IL | John.K.Hoffman@illinois.gov | 312-793-4322 | https://www.illinois.gov/hfs |
County Child Support Offices in IL
| County name | Institution name | Physical address | Email address | Phone number | Website |
|---|---|---|---|---|---|
| Kane County | Kane County, IL Aurora Child Support & Social Service Office | 280 East Indian Trail, Aurora, Illinois 60505 | N/A | 1(800) 447-4278 | https://www.illinois.gov/hfs/ChildSupport/parents/Pages/Offices.aspx |
| DuPage County | Kane County, IL Aurora Child Support & Social Service Office | 280 East Indian Trail, Aurora, Illinois 60505 | N/A | 1(800) 447-4278 | https://www.illinois.gov/hfs/ChildSupport/parents/Pages/Offices.aspx |
| Lake County | Kane County, IL Aurora Child Support & Social Service Office | 280 East Indian Trail, Aurora, Illinois 60505 | N/A | 1(800) 447-4278 | https://www.illinois.gov/hfs/ChildSupport/parents/Pages/Offices.aspx |
Download Child support Forms for Illinois
| Title | Number |
|---|---|
| Illinois Denial of Parentage | HFS3416D |
| PATERNITY AFFIDAVIT | HFS2119 |
| Request for Paternity/Child Support Services Forms | HFS1517CS |
| Illinois Voluntary Acknowledgment of Paternity | HFS3416B |
| Voter Registration Application | SBER19 |