Family & Safety

Fill out and sign the forms listed below. Make three copies of each form.

• Petition for Rule to Show Cause: Asks the court to force the other party to show up in court and explain why they didn't violate the Uniform Order for Support or didn't do so intentionally.
• Notice of Motion: Tells the other parent when to show up in court.

You can use the Petition for rule to show cause program to create these forms. You can also search for blank forms in the Form Library.

Now that you have filled out your forms, you need to file them with the appropriate circuit clerk.  Do this with the clerk at the courthouse in the county where you received your Order for Support. You will need to electronically file ("e-file") them unless you have an exemption. 

There are fees to file many court forms, especially when starting a case. Fees are different from case to case and county to county. Contact the circuit clerk to find out about their fees. Many circuit clerks list their fees on their websites. 

If you qualify, you can get a fee waiver. A fee waiver allows you to file for free, or at a reduced cost.

• How you will find out about the court date (or hearing date) and time depends on how you filed your case.
  E-filing: The website you used to electronically file may let you pick your court date (or hearing date) and time. If it does not, contact the clerk.
• Paper filing: If you filed in person at the courthouse, the clerk will let you pick or they may pick for you.

After filing, you must send the other party a Notice telling them about the motion and when to come to court. Do this by sending them a copy of the Notice and the Petition.

Go to court on the day listed on your Notice.

You have the right to represent yourself in court. However, you are expected to follow the court's rules and procedures. Most people who work in the courthouse cannot give you legal advice; meaning they cannot help you decide what to do, evaluate your possibility of success, or present your argument to the judge.

To navigate the court system, you need basic information about your case. Most of the information should be listed on court papers:

• Plaintiff's or Petitioner's name
• Defendant's or Respondent's name
• Case number
• Judicial circuit
• County
• Division

If you are filing a case, you are called the plaintiff. If a case has been filed against you, you are called the defendant. In some cases, the plaintiff is called the petitioner, and the defendant is called the respondent.  If you are filing a Petition for Rule to Show Cause, you will keep the same designated title that you had in the original filing of the case; i.e., if you were the Respondent originally, then you will still be the Respondent at the hearing on the Petition for Rule to Show Cause< (Petition for Rule to Show Cause).

Bring these items with you to court:

• Copies of all the documents you filed with the Circuit Clerk
• Any witnesses you want to testify
• Any documents you want the judge to look at
• A photo ID
• Itemization or verification reflecting what child support payments have been made to date
• Itemization of what child support payments have not been paid and the total amount of child support arrearage

Follow these suggestions when going to court:
 

• Be polite and dress the way you would for a job interview;
• Get to the courthouse at least 30-45 minutes before your hearing time;
• Go to the courtroom number on your court forms. If your forms do not have a courtroom number, look for a list of cases at the courthouse or ask the circuit clerk;
• Check in with the judge’s clerk or coordinator sitting on either side of the judge’s seat;
• Know your line number and tell the clerk or coordinator your name and line number (you may have to sit outside the courtroom);
• Listen for your name or your line number to be called and then step up to the bench;
• Be prepared to swear to tell the truth and to answer questions truthfully;
• Explain briefly the issue you would like to address before leaving the courthouse;
• Listen for the court to tell you what will happen next, after hearing from you and the other side;
• You should receive a copy of whatever order is entered that day. Don’t leave the courtroom without it.
   

After you and the other party have had a chance to speak the judge will make a decision. It can often take several court dates for the matter to be resolved. This means that the judge may not make a final decision on your first trip to court.

If this is your first time going to court, learn more about the process of Going to court in Illinois.