Mechanics of Child Support

1. Petition

To invoke the power granted to the courts by the statutory child support provisions, a petition seeking support – whether temporary (as discussed in §§4.6 – 4.9 above) or permanent – should be filed with the appropriate court handling domestic relations cases in that country, district, or circuit either by the custodial parent or on the child’s behalf. Except in Parentage Act cases, the filing date of the petition for support is frequently, though not necessarily, the earliest date from which support will be ordered. Retroactive allowance of support in a dissolution proceeding is within the discretionary power of the trial court if such allowance is determined fit, reasonable, and just. In re Marriage of Rogliano, 198 Ill.App.3d 404, 555 N.E.2d 1114, 144 Ill.Dec. 595 (5th Dist. 1990). In parentage Act cases, however, the court must reach back to the date summons was filed on the putative father as the starting point for support and may reach back even further, depending on factors set forth in that statute. 750 ILCS 45/14; Carnes v. Dressen, 215 Ill.App.3d 166, 574 N.E.2d 845, 158 Ill.Dec. 732 (4th Dist. 1991).

The petition for support must be accompanied by an affidavit. The petition must state the jurisdictional basis for the relief, the marital status of the parents, the number of minor children for whom support is sought, who has custody of the children and where the children reside, the need for support, the basis (income, assets, and resources) on which the non-custodial parent’s obligation can be set, and any other factors or elements required by the specific statutes to the extent they are known to petitioner. The affidavit should contain as much detail as possible concerning basic needs and include, if available, the net income (as defined in both IMDMA §505(a)(3) and 750 ILCS 28/15(d)) of the parent from whom support is sought. In addition, if a deviation from the guidelines is sought or could be appropriate, the affidavit should address each of the statutory factors of IMDMA §505(a)(2). See §4.84 for sample petition and affidavit.

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