Please be aware that the courts in Illinois, especially Cook County do NOT follow the law and no government agency, federal or state, has responded to our complaints. Please help by complaining to your state and federal senators and members of the house that an investigation and remedy are needed. Support organizations that are working for justice in divorce courts. This is theoretically how it works, but individual judges in divorce cases simply seem to make up their own rules as they go along.
In Illinois, if your circumstances significantly change and you seek a change in your amount of child support as a non-custodial parent, then the laws state that you should apply to the Illinois Department of Public Aid Child Support Enforcement Unit’s Administrative Law Court for investigation, hearing, and determination of the amount of child support (which includes providing health insurance for the child).
The IDPA, CSEU also manages the State Disbursement Unit which collects and disburses child support payments through guarnishment of wages.
If you are not making payments through the SDU, then you can still apply to be heard by the Adm Law Court by filling out this application – click here.
The trial court does not have the jurisdiction to hear motions for enforcement of child support orders or motions for change in child support, until AFTER the Adm Law Court makes a recommendation. Then the trial court will rubber stamp the recommendation if the parents agree or will hold hearings and make decisions if the parents disagree on the payments.
The Domestic Relations Courts in Cook County have been for two decades ILLEGALLY hearing these motions instead of waiting for a recommendation by the Adm Law courts! ALL SHOULD PROTEST BY APPLYING TO THE CHILD SUPPORT ENFORCEMENT SERVICES DIVISION WITH THIS APPLICATION AND BY MAKING OBJECTIONS IN THE TRIAL COURTS.
WE ALSO SUGGEST YOU COPY THIS COMPENDIUM OF THE RELATIVE FEDERAL AND STATE LAWS THAT IS SUMMARIZED I THE TABLE OF CONTENTS IN OUR BIG DIVORCE BOOK HERE AND PRESENT IT TO YOUR TRIAL COURT AS A “MEMORANDUM OF LAW”.
Make sure to read this booklet by the federal government that is a comprehensive guide to all issues in child support here.