How long does it take to get child support after filing? A few months typically is how long it takes to get child support after filing, although temporary support can offer relief within days or weeks. In the big picture, steps such as waiting for the court hearing can take a few weeks each. However, the noncustodial parent’s responsiveness, the complexity of the parents’ financial circumstances, and other factors can make a difference in the timeline in Arlington Heights, IL.
A lawyer can streamline the process of getting child support. Contact the Law Offices of Roger W. Stelk at 847-506-7330 to discuss your case.
Initiating the Child Support Process
Parents may be unsure how to file for child support in Illinois and need to have a child custody attorney help them. The attorney may also be assisting with related matters, such as custody and divorce. Parents without an attorney can file a petition through the Illinois Department of Healthcare and Family Services.
Starting the child support process takes a few weeks to a few months. Factors influencing the timeline include whether the noncustodial parent responds and the court’s schedule.
Petition
The custodial parent or a lawyer files the petition in the circuit court of the county where the child lives or through the state HFS. The noncustodial parent (or the parent being asked to pay child support) gets served with the court summons and a copy of the petition. If the parent is hard to find, this can extend the timeline. Having to establish paternity also adds time.
Response
The noncustodial parent usually has 30 days to respond to the petition. The parent might contest the amount of support requested or offer information or arguments he or she wants the court to consider.
If there is no response, the court can enter a default judgment. This can shorten the time it takes to get child support.
Temporary Orders
How long it takes to get child support after filing could be a few days to a few weeks for temporary child support. This happens while the longer-term case is pending. The custodial parent can file for temporary child support with the initial child support request, or file it separately if the need is urgent.
Hearings
The court schedules hearings once the noncustodial parent responds.
Child Support Calculations
This stage takes a few weeks to a few months. As such, it can affect the overall timeline of how long it takes to get child support after filing in Arlington Heights, IL. Major factors include how efficient the parents are in providing documents and how complex their financial situations are.
To calculate support amounts, Illinois uses an income shares model. It assumes that children should get the same proportion of their parents’ income they would if the parents were together.
The formula considers both parents’ incomes, how much time the child spends with each parent, the number of children each parent already pays child support for, and other factors. The impact of income shares on child support usually is significant, but the court does have the discretion to adjust child support amounts higher or lower based on the child’s best interest.
- Parents’ income: The court uses the parents’ pay stubs, tax records, and other financial documentation to determine each parent’s net income. The median per capita income in Arlington Heights is $58,712, with the median household income being $113,502.
- Formula: The basic formula in Illinois has the parent with the higher income paying more child support. The formula also assumes that the custodial parent already pays child support in the form of food, housing, and the like.
- Other factors: Special needs, health care, educational expenses, and the child’s standard of living may add to the basic support amount.
- Final order: The final child support order details the amount, payment schedule, and any responsibilities of the parents.
It is possible for the parents to reach a child support agreement between themselves without court intervention. For instance, the parents could use mediation and have the court approve their agreement. This can happen as a standalone issue or in a situation such as a divorce (dissolution of marriage).
Enforcement of Child Support Orders in Arlington Heights, IL
A parent can have a court order for child support, yet still have no support. Enforcement is sometimes necessary to ensure compliance.
Income withholding is a common and relatively quick method of enforcement. The paying parent’s employer must deduct child support payments from the parent’s paycheck. Other enforcement methods that may take more time, but can be effective, include intercepting tax refunds and suspending licenses (driver’s, professional, or recreational). Passport denial is another possibility, as are property liens and seizures. Filing a motion for contempt of court is another option and carries the possibility of jail time in severe cases.
If you are paying child support, it can be confusing to know what to do after receiving a child support collection notice. Check the notice for errors such as the children’s names and the payment amount. Pay careful attention to the instructions. Sometimes, they ask the parent to make payments through a court office or even directly to the custodial parent.
Sometimes, the parent’s employer is asked to deduct child support automatically. Comply with these instructions if you can. A lawyer can help if the instructions are not feasible for your situation.
A change in circumstances sometimes warrants a modification of child support. For instance, a parent might lose a job or receive an inheritance, or the child might become disabled. Quick action in these situations can reduce how long it takes to get child support after filing for a modification.
Parents should be able to get child support as quickly as possible. Contact us today at the Law Offices of Roger W. Stelk to talk about your case.
