GETTING TEMPORARY CHILD SUPPORT
You will need:
- “Petition for Temporary Child Support” signed by the client
- Notice of Motion to the non-custodial parent or non-custodial parent’s attorney
- Uniform Order for Support and three copies.
- A 13.3 Financial affidavit which has been completed and signed by the client.
- “Notice of Income Withholding for Support”
- Some evidence of the non-custodial parent’s income (through client’s testimony, Adverse
Party’s check stubs, records subpoenaed from adverse party’s employer, or adverse party’s W-
It is helpful to send a “Notice to Produce” under rule 237 w/ your Notice of Motion and
“Petition”. This usually gets you a few recent pay stubs to base the amount on. If he gets over-
time or works erratic hours you should go by the year-to-date amount, not the most recent pay
Determining how much the non-custodial parent should pay:
Determine how much child support s/he should pay according to statutory guidelines (20% of net
income for one child, 28% for two children, 32% for three children, 40% for four and 50% for
Net income is figured as follows:
Take Gross Income from the non-custodial parent’s paycheck and subtract taxes.
- If union dues (mandatory) health insurance (for the family) are deducted from the
paycheck you should also subtract those from gross pay.
- If deductions are made for credit union or to repay a loan these amounts should
not subtracted to figure net income. This is considered income to him or her since
he or she benefits from them.
The non-custodial parent’s expenses are not relevant unless they are unusual for some reason.
The Judge can only go above or below guidelines after making a finding that there is a reason
and stating what the reason is. If the Judge does this the reason should be written into the
WHAT TO DO IF:
The Adverse Party has an attorney: you should be able to enter an Agreed Order with the
Adverse Party doe not have an attorney but agrees s/he will pay support: you can tell him or her
what the amount should be. S/he may not agree. In that case, have the case called and present
the disagreement to the Judge (i.e., adverse party agrees s/he should pay support but does not
agree as to the amount.) The Judge will instruct him or her on the percentage they should pay
and tell them the amount they should be paying.
Adverse Party doe not have an attorney and wants to continue the case: the Judge will probably
give him of her time to get an attorney. Make sure you put into the Order that the continuance is
so that the Respondent can obtain an attorney. If you have proof of his/her income many judges
will enter a temporary Order, without prejudice, until the Respondent gets an attorney.
Adverse Party doesn’t come: you can have your client testify as to the income the adverse party
received when they were together (provided he or she is working at the same place or in a similar
job and the separation is fairly recent – within a year). You can then base the child support on
the amount your client testifies to. If your client doesn’t know what the other parent made you
can have your client testify about the children’s needs. See:750 ILCS 505(a)(5).
Adverse Party has an attorney who comes and asks for time to respond: see if the attorney will
agree to a Temporary Order “without prejudice” so that the client can get some money
immediately. Then continue the case to another date so that the attorney can respond and/or
produce his or her client and the client’s income information.
There is a prior support Order entered against Adverse Party for other children: Any prior Order
takes precedence and will have to be deducted from the gross pay when figuring net income.
This is true even if the other child(ren) is/are not of the marriage and this will reduce the amount
the children of the marriage receive.
One of the children is living with the other parent, but three are living with your client.
Subtract 20% of your client’s net income (for one child) from 32% of the other parent’s net
income (for three children). That will tell you what the other parent should pay.
ALWAYS STATE IN THE ORDER WHAT THE CHILD SUPPORT AMOUNT IS BASED
ON (i.e., “The Respondent shall pay $100.00/week temporary child support on his
representation that he is making $400.00/week net income from all sources. Said amount
represents 20% of the Respondent’s net income.”)
That way, if the Respondent misrepresents their income you can go back for an increase.