Do I need a lawyer to file for child support in Illinois?

No, you don't need a lawyer. You can file through the Illinois Department of Healthcare and Family Services (HFS) for free, or file directly in court yourself (pro se). However, complex cases involving high income, self-employment, or custody disputes may benefit from legal counsel.

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

Through HFS, initial processing typically takes 3-6 weeks. Court hearings are usually scheduled 6-12 weeks from filing. Direct court filing may take 8-16 weeks from petition to final order. Emergency orders can be obtained in 2-5 business days if immediate need is shown.

Can I file for child support if we were never married?

Yes. Unmarried parents can file for child support in Illinois. If paternity hasn't been legally established, you'll need to complete paternity establishment (through voluntary acknowledgment or genetic testing) before or during the child support filing process.

What happens if the other parent doesn't respond to the filing?

If the other parent fails to respond within 30 days of service, you can request a default judgment. The court may enter a child support order based on your evidence without the other parent's participation. The defaulting parent can petition to set aside the default within certain time limits if they show good cause.

Can I file for retroactive (back) child support?

Yes, Illinois allows retroactive child support back to the date of filing. In some circumstances, the court may order support back to the child's birth or earlier periods if the non-custodial parent avoided support obligations. However, support won't be ordered for periods when parents lived together and jointly supported the child.

What if I don't know where the other parent lives?

You can still file. HFS has parent locate services using tax records, employment databases, DMV records, and credit bureau information. For direct court filing, you'll need to demonstrate 'due diligence' in attempting to locate the parent and may request permission for service by publication in a newspaper.

How much does it cost to file for child support in Illinois?

HFS services are free for families receiving TANF, Medicaid, or other public assistance. Otherwise, HFS charges a $35 annual fee. Court filing fees vary by county but typically range from $200-$350. Fee waivers are available for low-income filers based on household income and assets.

Can I modify the support amount after the order is issued?

Yes, either parent can request modification if there's a substantial change in circumstances, such as significant income change (typically 20% or more), change in custody or parenting time, or change in the child's needs. File a Petition to Modify with the court that issued the original order. The order remains in effect until modified.

Illinois Family Law2025 Guide

How to File for Child Support in Illinois

Complete step-by-step guide to filing for child support in Illinois. Learn the filing process, required forms, court procedures, timeline, and costs.

Before You File

Estimate your potential child support amount using our free calculator:

Calculate Child Support

Filing Overview: Two Methods

Choose the filing method that best fits your situation

Method 1: HFS Child Support Services

Recommended for Most Cases

Pros:

Free for public assistance recipients
HFS handles all paperwork and service
Automatic enforcement tools
Parent locate services
No attorney needed

Cons:

Longer processing time (3-6 weeks initial)
Less control over process
$35 annual fee for non-assistance families

Visit HFS Child Support

Method 2: Direct Court Filing

For Complex Cases

Pros:

Direct control over process
Can combine with divorce/custody case
Faster in some counties
More flexibility in scheduling

Cons:

Court filing fees ($200-$350)
Must handle service yourself
More complex paperwork
May benefit from attorney

Illinois Court Forms

Step-by-Step: Filing Through HFS

Contact HFS Child Support Services

Reach out to the Illinois Department of Healthcare and Family Services to begin your application.

Contact Information:

Phone: 1-800-447-4278 (toll-free)
Website: hfs.illinois.gov/childsupport
Hours: Monday-Friday, 8:00 AM - 5:00 PM CST

Complete Application and Provide Documentation

Fill out the Child Support Services Application. HFS will mail you the forms or you can complete them online.

Required Information:

Your Social Security number and contact information
Other parent's name, SSN (if known), address, employer
Child(ren)'s birth certificates
Your income documentation (pay stubs, tax returns)
Custody or parenting time order (if one exists)
Proof of paternity (if applicable)

HFS Establishes Case and Locates Parent

HFS opens a case file and uses locate services to find the non-custodial parent if address or employer is unknown.

What HFS Does:

Searches state and federal databases
Contacts employers for wage information
Reviews tax and DMV records
Establishes paternity if needed

Court Hearing Scheduled

HFS files petition with court and arranges service on the other parent. Court schedules hearing typically 6-12 weeks out.

You will receive written notice of the hearing date, time, and location at least 30 days in advance. Attend the hearing with all required documentation.

Attend Court Hearing

Both parents attend the hearing. Judge reviews evidence and calculates support using Illinois income shares model (750 ILCS 5/505).

Bring to Hearing:

3 months of pay stubs or income verification
Previous year's tax return
Proof of health insurance costs for children
Childcare expense documentation
Any other extraordinary expense records

Support Order Issued and Enforcement Begins

Court enters child support order. Income Withholding Order sent to payor's employer within 7 business days.

Automatic Enforcement:

Employer withholds support from paycheck
Payments sent to State Disbursement Unit
SDU forwards payment to receiving parent
Direct deposit or Illinois EPPICARD debit card available

Costs and Fees

Service	Cost	Notes
HFS Application (Public Assistance)	Free	For TANF, Medicaid, or qualifying assistance recipients
HFS Application (Non-Assistance)	$35/year	One-time annual fee for non-assistance families
Court Filing Fee	$200-$350	Varies by county; fee waiver available based on income
Service of Process	$50-$100	Sheriff or private process server (direct court filing only)
Paternity Testing (if needed)	$300-$500	May be ordered by court and split between parents

Fee Waivers Available: If you cannot afford court filing fees, you can request a fee waiver by submitting an Application for Waiver of Court Fees. Approval based on household income and assets.

Expected Timeline

Typical processing times from application to final order

1-2

Weeks

HFS receives and processes application

2-4

Weeks

Parent locate services (if needed) and paternity establishment

6-12

Weeks

Court hearing scheduled and notice sent to parties

12-16

Weeks

Support order entered and income withholding begins

Emergency Orders: If you can demonstrate immediate need or danger, you may request an emergency support order. These can be granted in 2-5 business days but require strong evidence of urgency.

Frequently Asked Questions

Related Resources

Child Support Calculator

Estimate your support amount before filing

Formula Guide

Understand how Illinois calculates support

Enforcement Options

Learn about collection methods

Modify Support Order

Change an existing support order

References & Accuracy

Editorial Review

Last Reviewed: January 15, 2025

Next Review: July 15, 2025

Reviewed By: TheDivorceCalc Editorial Team

Primary Legal Sources

statute750 ILCS 5/505 – Child support calculation statute
officialIllinois HFS Child Support Services – Official state enforcement agency
officialIllinois Courts Forms – Official court forms and instructions

Internal Research: This page incorporates analysis of Illinois family law filing procedures, HFS application processes, and circuit court requirements. For additional context, see our Formula Guide and Family Law Overview.

Accuracy Statement: We update this content semi-annually to reflect changes in Illinois family law procedures and HFS requirements. Filing procedures may vary by county. This information is for educational purposes and does not constitute legal advice. For case-specific guidance, consult a licensed Illinois family law attorney.