I have not received my child support payment. What can I do?
If a payment has not been made and it has been more than 30 days since you received a payment, you may file a Notice of Motion and Motion to schedule a court date. These forms must be filed in person. If you were assisted by the State's Attorney, you should call them first at 847.377.3125 before filing any paperwork with the Circuit Clerk's Office.
Payment information will not be given over the phone. Only parties or attorneys on the case are given payment information. This can be accomplished one of three ways:
- At the Circuit Clerk's Office with a valid picture ID.
- Send in a letter including a photocopy of a valid picture ID.
- The attorney of record may make a request
My child will be 18 soon. What do I need to do to have child support terminated?
You must file a Motion and Notice of Motion with the Clerk of the Circuit Court and then appear in front of a judge. Child support can only be terminated by court order.
I would like to have the amount of my child support increased/decreased. What do I need to do?
You must file a Motion and Notice of Motion with the Clerk of the Circuit Court and then appear in front of a judge. Child support can only be modified by court order.
I've misplaced a child support check. What can I do?
If the check was issued by the State Disbursement Unit, you will need to call them at 877.225.7077. If the check was issued by the Circuit Clerk, a stop payment can be issued 10 working days after the check was mailed. Please call the support division at 847.377.3324 to request a stop payment.
My child support payments are taken directly from my paycheck and I am changing jobs. What do I need to do?
You will need to get a new Order for Withholding with new employer information. This form needs to be filled out and filed with the Circuit Clerk's Office. If your case is handled by the State's Attorney, please contact their child support division at 847.377.3125.
The judge ordered the father/mother of my child to make a support payment after leaving court. When will I receive this payment?
These payments are made in the Circuit Clerk's Office, but the checks are issued by the State Disbursement Unit. Please allow 10 to 14 business days for your check to arrive.
How do I obtain a record of child support payments made?
You can request a payment record from the child support division. Requests can be made in person or through the mail. The fee for the payment record is:
$2.00 for the first page
$.50 cents for additional pages up to 19
$.25 cents for all remaining pages
If you plan on requesting the payment record through the mail, please call 847.377.3324 first to find out the fee amount.
What do I need to file a small claims case?
You will need a Complaint, Summons and a blank Appearance Form. Please have the original and three copies of the Complaint and Summons when you file your case. If you are suing more than one person, you will need an extra complaint and summons. You may obtain the Complaint, Summons and Appearance from our website or in person at our office.
How do I serve the papers?
There are three ways you can attempt service.
- Certified mail through the Clerk of the Circuit Court
- Sheriff of Lake County
- Private Process Server
Is there a fee to serve the papers?
Yes, the fee for certified mail is $16.00 per defendant. Please contact the Sheriff's Office for their service fees. Their phone number is 847.377.4400. Private process servers set their own fees.
Do you have to appoint a process server?
If your server does not have a license, they must be appointed. The Motion and Order to Appoint a Process Server may be obtained from our website or in person at our office. If your server has a license, they do not need to be appointed.
How soon can I get a court date?
Court dates are:
14-40 days for a service address in Lake County
30-40 days for a service address out of Lake County
40-60 days for a service address out of the State of Illinois.
This court date is also called the "return date".
Am I required to appear in court on the return date?
The clerk cannot advise you as to whether you need to come to court on the return date. Only a judge or an attorney is qualified to explain what options are available to you. If the defendant appears in court, the judge will set a trial date 14 days from the return date. If neither the plaintiff nor the defendant appears, the case will be set for 90 days from the return date for DWP (Dismissed for Want of Prosecution).
How do I know if the defendant was served?
You can call the clerk at 847.377.3226 to find out if the defendant was served. Please have your case number available when you call. If the sheriff has served the summons for you, they will also be able to provide you with the service information. Their phone number is 847.377.4000.
I have been awarded a money judgment. How do I collect my money?
Please review the Common Collection Sheet
. This is an outline of the options you have to choose from based on what you know about the person you are suing.
What is an alias summons and is there a fee?
If the defendant is not served with the first summons, another summons must be issued. This is called an alias summons. The fee for an alias summons is $5.00.
How long do I have to file a case?
This is a question that can only be answered by an attorney. The clerk does not have knowledge of the law and cannot answer this question for you.
When can I use the Small Claims Court?
When asking for a judgment of $10,000.00 or less. The Small Claims Court can order a judgment only for money. It cannot require a person or business to perform a service or stop a certain action or to return property.
Am I required to have a lawyer represent me in Small Claims Court?
Persons 18 or older may choose to represent themselves or to be represented by a lawyer. Regardless of your choice, your opponent has a right to appear through a lawyer. The Illinois Supreme Court Rules provide that a CORPORATION may not appear as a plaintiff without an attorney, but may appear as a defendant through an officer, director, manager or supervisor. Corporate officers should consult with their lawyers regarding interpretation of this rule.
In which county do I file my claim?
Generally, you must file your small claim in the county where 1) the defendant resides, or 2) where the events happened which you believe give you the right to sue, e.g. where the accident occurred, contract was signed or leased premises located.