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- Role of State's Attorney
Role of State's Attorney
If you are looking for assistance with child support, you must first contact the Division of Child Support Enforcement of the Illinois Department of Healthcare and Family Services (IDHFS). The State’s Attorney's Office cannot start a case. IDHFS will request the necessary information from you to prepare the case for either judicial or administrative actions. In the event judicial action is chosen, IDHFS forwards the file to the local states attorney’s office.
Upon receipt of the file from IDHFS, the State’s Attorney's Office will review it and, if all paperwork is in order, the case will be filed with the court clerk within 30 days. After a case is filed, notice providing information on when the case will be scheduled for court is sent to custodial parent and noncustodial parent (NCP).
The State’s Attorney’s Office files petitions, such as:
- To establish paternity;
- To set child support and medical insurance on cases where voluntary acknowledgment of paternities were signed;
- To set child support and medical insurance on those cases where the parties are separated, but not divorced;
- To obtain medical insurance;
- To obtain medical insurance reimbursement;
- To modify support; and
- To register foreign orders for enforcement purposes only.
The State's Attorney's Office files enforcement pleadings:
- Rule to show cause for failure to pay;
- Rule to show cause for failure to provide medical insurance;
- Petitions for entry of judgment.
The State’s Attorneys Office also does not collect nor distribute child support payments.