Child support is a crucial financial resource for custodial parents. Child support ensures children receive the resources they need to grow up healthy and strong. If you are seeking child support in Illinois, you may be wondering “how long does it take to get child support?” While the timeline can vary depending on individual circumstances, understanding the general process can help set expectations and prepare you for potential delays.
Understanding the Child Support Process in Illinois
The Illinois Department of Healthcare and Family Services (HFS), Division of Child Support Services (DCSS), oversees the establishment, enforcement, and collection of child support. The timeline for receiving child support depends on several factors, including whether you already have a court order, the noncustodial parent’s willingness to comply, and potential legal obstacles.
If you went through traditional divorce proceedings or mediation, then you should already have a child support order included in your dissolution of marriage agreement. If not, then you can always return to the court to petition for an adjustment to child support payments, especially if you or the other parent has had a drastic change in income or expenses. Keep reading to learn more about how the child support process works if you don’t have already have a court order:
Step 1: Filing for Child Support (2 to 4 Weeks)
If you do not already have a child support order, you must first establish one by filing a petition in family court. You can do this through the Illinois Department of Healthcare and Family Services (HFS) or with the help of a private attorney. After filing, the other parent must be served with legal notice of the petition. This entire process typically takes between 2 to 4 weeks, depending on the efficiency of service.
To learn more about the filing process, check out our article titled “How to File for Child Support in Illinois.”
Step 2: Court Proceedings and Establishing an Order (1 to 6 Months)
Once the petition is filed, the court will schedule a hearing to determine child support payments. This process may take anywhere from 1 to 6 months, depending on the court’s schedule and whether the noncustodial parent contests the support request. If paternity needs to be established through DNA testing, this can add an additional week or more.
If you are in a bigger city with a higher population, then the process will likely take longer than if you are in a small town due to the number of cases the judge is likely to have. If, however, both parties agree on the issue at hand, then the process could only take one or two court hearings.
Step 3: Payment Processing and Enforcement (4 to 8 Weeks)
After the court issues a child support order, the next step is setting up payment processing. There are a number of ways the court can set-up a payment plan for child support. Typically payments will either be deducted from your spouse’s bank account or income, but they can also choose to send payments themselves. If payments are deducted directly from the noncustodial parent’s wages, it may take 4 to 8 weeks for the employer to begin withholding child support (timing depends on if your spouse is paid bi-weekly or monthly).
If the noncustodial parent does not comply with the order, enforcement actions such as wage garnishment, tax refund interception, or license suspension may be necessary, which can further delay payments. Many people wonder if they can sue to get any missed child support payments. Luckily the law has several remedies for this issue. Check out our article titled “Can You Sue for Back Child Support After 18 in Illinois?” to learn more.
Step 4: Receiving Payments
Once payments are processed, custodial parents can receive child support through direct deposit or the Illinois State Disbursement Unit (SDU). The time it takes to receive funds depends on the payment method and the noncustodial parent’s compliance with the order.
Factors That Can Delay Child Support
Several factors can extend the timeline for receiving child support in Illinois, including:
- Difficulty serving the noncustodial parent: If they are avoiding service, this can significantly delay proceedings.
- Paternity disputes: Establishing paternity through DNA testing can add weeks or months.
- Noncompliance with court orders: If the noncustodial parent fails to pay, enforcement measures can take additional time.
- Backlogged courts: Court availability varies by county, potentially delaying hearings.
Expediting the Child Support Process
To speed up the process of obtaining child support, consider the following steps:
- Provide complete and accurate information when filing your petition.
- Ensure that the noncustodial parent is properly served as quickly as possible.
- Work with an experienced family law attorney to navigate the legal process efficiently.
- Enroll in Illinois’ child support enforcement services to help ensure timely payments.
Conclusion: How Long Does It Take to Get Child Support in Illinois?
The process of obtaining child support in Illinois can take anywhere from a few weeks to several months, depending on individual circumstances. Understanding the necessary steps and potential challenges can help you prepare for the journey ahead. If you need assistance, working with a knowledgeable family law attorney can help ensure your child receives the financial support they deserve as quickly as possible.
MEET WITH AN ILLINOIS FAMILY LAW ATTORNEY TODAY
The Family Law attorneys at Koth Gregory & Nieminski understand that your family is the top priority, which is why we offer SAME-DAY APPOINTMENTS. If you need a divorce or other family law services, you can schedule your first meeting through our online appointment calendar. We look forward to meeting you.
Disclaimer: This article (How Long Does It Take to Get Child Support in Illinois?) may contain information that is outdated as Illinois law continuously evolves. Meeting with an experienced family law attorney is the best way to ensure you are receiving the most current information about How Long Does It Take to Get Child Support in Illinois?
Published by Dustin Koth on February 26, 2025
