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Do I Have to File a Child Support Case in Court?

Posted on in Child Support

Kane County family law attorneyAlthough the most commonly known method of collecting child support is through a court order as part of the Illinois divorce process, there are actually two ways of petitioning to collect child support. The first, as previously mentioned, is through an Illinois court. The second is by filing with the Illinois Division of Child Support Services (DCSS).

If you are a parent of a child and you are attempting to collect child support, read on to learn more about the advantages and disadvantages of using DCSS to assist you, as well as how hiring a skilled child support attorney can help.

How Can DCSS Help Me Collect Child Support?

One major advantage of DCSS is that its services are free. These services include, but are not limited to:

  • Establishing paternity in order to determine who is responsible for paying child support

  • Finding a parent who is missing or unresponsive

  • Filing an order with an Illinois court for child support

  • Enforcing child support payment orders

  • Requesting health insurance coverage for a child from their parent’s plan

DCSS is a state entity with all the powers of the state at its disposal. It has several methods of collecting child support and pressuring noncompliant parents into paying. Delinquent parents can have child support payments deducted from their unemployment benefits and tax refunds, have their driver’s license revoked, and even have liens placed on their property.

Are There Drawbacks to Using DCSS?

Unfortunately, DCSS is a very busy agency that regularly deals with thousands of requests from parents in need of their services. Sometimes this can lead to mistakes and delays, and any child support collected must be processed through DCSS before coming to you.

One other disadvantage is that DCSS does not provide legal services or act on your behalf as an attorney would. If you end up going to court, a state attorney will represent DCSS, not you. This means your conversations with that attorney are not confidential, and you will have to sign a disclosure statement before going to court.

Contact a St. Charles, IL Child Support Attorney

If you hire your own attorney before filing for state child support assistance, you will have more control over your case and may be more likely to achieve a positive outcome. An experienced Kane County family law attorney can act on your behalf and help you achieve what is best for you and your child. Schedule a free, confidential consultation with an attorney at Goostree Law Group. Call us today at 630-584-4800.



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