Role of State's Attorney

You must first contact the Department of Child Support Enforcement (DCSE) through the Illinois Department of Health and Family Services. The State’s Attorney's Office cannot start a case. DCSE will prepare your case for either judicial or administrative actions. In the event, judicial action is chosen DCSE forwards the file to the local states attorney’s office. Keep the following things in mind

The State’s Attorney's Office receives the file and within 30 days, action must be taken, whether a petition is filed or the case is rejected. If the case is filed, notice is sent to custodial and noncustodial parent (NCP).

The State’s Attorneys 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; 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 to modify support; and
  • Petitions for entry of judgment.
The State’s Attorneys Office also does not collect nor distribute child support payments.