Uniform Order For Support (Illinois)
This form is a supplement to the Divorce with Minor Children packet in Illinois. The form provided here is simply a sample of what the actual form looks like.
STATE OF ILLINOIS
IN THE CIRCUIT COURT OF THE ___________ JUDICIAL CIRCUIT
__________________ COUNTY
UNIFORM ORDER FOR SUPPORT
[___] Initial Order
[___] Modification
) Court Case No. _____________
) ____ Illinois Dept. of Public Aid is, or has been, granted leave to intervene.
) IDPA No
_______________________ )
Petitioner/Plaintiff, )
vs. )
_______________________ )
Respondent/Defendant, )
Definitions:
Obligor - An individual who owes a duty to make support payments pursuant to an order for support.
Obligee - An individual to whom a duty of support is owed or the individual's legal representative.
Payor - Any payor of income to an obligor.
Unallocated Support - A total amount for maintenance and child support and not a specific amount for either.
The Court finds:
[___] a) The net income of the obligor on the date of this order is $________________.
[___] b) The amount of arrearage on the date of this order is $_____________ for child support and $_____________ for maintenance or unallocated support.
[___] c) The amount of child support cannot be expressed exclusively as a dollar amount because all or a portion of the obligor's net income is uncertain as to source, time or payment, or amount.
It is ordered that _____________________________, Obligor, is to provide:
[___] MAINTENANCE
Payment Amount: ____________
Current Maintenance or Unallocated Support Payment: $__________
(date)
Arrearage Payment: $__________
Payments Begin: ________________________ (date)
OR
[___] UNALLOCATED SUPPORT
Payment Frequency:
[___] every week
[___] every other week
[___] monthly
[___] twice each month on ____________ and ____________
[___] every year
[___] other ____________________
[___] CHILD SUPPORT (Do not complete this section if Unallocated Support is ordered.)
Payment Amount: ____________
Current Child Support Payment: $__________
Arrearage Payment: $__________
Payments Begin: ________________________ (date)
Payment Frequency:
[___] every week
[___] every other week
[___] monthly
[___] twice each month on ____________ and ____________
[___] every year
[___] other ____________________
[___] PERCENTAGE AMOUNT OF CHILD SUPPORT
(Complete this Section only if Finding c) is checked above.)
In addition to the specific dollar amount of support ordered above, current child support shall be paid in the amount of ____________%
of obligor's ____________
payable _______________________. The obligor is further ordered to provide income records sufficient to determine and enforce the percentage amount of child support, within 7 days of receipt of income subject to this percentage assessment,
to ____ the obligee ____ and Clerk of the Court.
[___] PAYMENT ARRANGEMENTS
(Payments must be sent to the STATE DISBURSEMENT UNIT if this box is checked.)
[___] A Notice to Withhold Income shall issue immediately and shall be served on the employer at the address listed in this Order. PAYABLE to the STATE DISBURSEMENT UNIT and sent to State Disbursement Unit, P.O. Box 5400, Carol Stream, IL 60197-5400. Payments must include CASE NUMBER, COUNTY of the Court issuing this Order, and obligor's name and social security number. Any subsequent employer may be served with a Notice to Withhold Income without further order of the Court.
OR
[___] The parties have entered into a written agreement providing for an alternative arrangement for the payment of support that is approved by the Court and attached to this Order, meeting all requirements of, and consistent with applicable law. An income withholding notice is to be prepared and served only if the obligor becomes delinquent in paying the order for support. Payments shall be made PAYABLE in accordance with the written agreement of the parties attached hereto. In the event the income withholding notice is served, payments shall be made to the State Disbursement Unit as set forth above.
OR
[___] State law does not require payment to the State Disbursement Unit, and the parties have not entered into a written agreement as provided above.
PAYABLE to ____________________________ and sent to THE CLERK OF THE CIRCUIT COURT
at_______________________________________. Payments must include CASE NUMBER and COUNTY of the Court issuing this Order.
OR
[___] In addition to and separate from amounts ordered to be paid as maintenance or child support, the obligor shall pay a $36 per year Separate Maintenance and Child Support Collection Fee. This sum shall be paid directly to the Clerk of the Circuit Court
of ______________________________ County
at _____________________________________and not to the State Disbursement Unit.
[___] DELINQUENCY
If the obligor becomes delinquent in the payment of support after the entry of this Order For Support, the obligor must pay, in addition to the current support obligation,
the sum of (a) $____________ for child support per the payment frequency ordered above for child support,
and (b) $_____________ for maintenance or unallocated support per the payment frequency ordered above for maintenance or unallocated support, until the delinquency is paid in full. (this additional amount, the total of (a) and (b), shall not be less than 20 percent of the total of the current support amount and the amount to be paid periodically for payment of any arrearage stated in the order for support.) A support obligation, or any portion of a support obligation which becomes due and remains unpaid for 30 days or more shall accrue interest at the rate of 9% per annum. Interest due and owing as a result of unpaid support will be set forth under "Additional Conditions or Findings" in this Order or in a separate order.
[___] TERMINATION
This obligation to pay child support terminates on __________________________ unless modified by written order of the Court. (Insert a date no earlier than the date that the youngest child reaches the age of 18 or is expected to graduate from high school, whichever comes later.) This termination date does not apply to any arrearage that may remain unpaid on that date.
The child/ren covered by this order is/are: ____________________________________________.
[___] INSURANCE
The [___] obligor, [___] obligee, [___] obligor and obligee, shall provide health insurance for the child(ren)
either by [___] enrolling them in any health insurance coverage
available through the [___] obligor's, [___] obligee's, [___] obligor's and obligee's, employment
or [___] securing a private health insurance policy, accepted by the obligor and obligee or approved by the Court, which names the child(ren) as beneficiary. Both the obligor and the obligee shall be provided a copy of the insurance policy and the insurance card. The name of the health insurance provider and the number of the insurance policy regarding dependant benefits/coverage are as follows:
Name of Health Insurance Provider(s): ___________________________________
Policy No.(s): ___________________________________
It is further ordered that:
The obligor shall give written notice to the Clerk of the Court, and if a party is receiving child and spouse services under Article X of the Illinois Public Aid Code, to the Illinois Department of Public Aid, in writing, within 7 days:
· any new residential, mailing address or telephone number;
· the name, address and phone number of any new employer, and;
· the policy name and identifying number(s) of health insurance coverage available.
The obligor shall submit a written report of termination of employment and of new employment, including name and address of the new employer, to the Clerk of the Court and the obligee within 10 days. Obligor and obligee shall advise each other of a change of residence within 5 days except when the Court finds that the physical, mental or emotional health of a party or that of a minor child, or both, would be seriously endangered by disclosure of the party's address. An obligee receiving payments through income withholding shall notify the Clerk of the Court and the State Disbursement Unit within 7 days, of a change in residence. The obligor and obligee shall report to the Clerk of the Court any change of information included in the Child Support Data Sheet (Exhibit 1) within 5 business days of such change.
____________________________________________________________
[___] ADDITIONAL CONDITIONS OR FINDINGS
[___] Child Support payment amount deviates from the amount required by statutory minimum guidelines. The amount that would have been required under the guidelines is $***.
Reasons for deviation: ___________________________________________________.
[___] Other: ___________________________________________________.
[___] The "Child Support Data Sheet" filed herein, is a part of this Order. It is ordered that the circuit clerk impound the "Child Support Data Sheet" until further order of this Court.
DATE: ________________________
ENTER: ____________________________
JUDGE
FAILURE TO OBEY ANY OF THESE PROVISIONS OF THIS ORDER MAY RESULT IN A FINDING OF CONTEMPT OF COURT
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INSTRUCTIONS FOR FILLING OUT THIS FORM
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If you are getting a support order and you do not expect that there will be any disagreement about it, you can complete the entire form as indicated in these instructions. If you expect that there will be a disagreement, just complete numbers 1, 2, 3, and 5. The rest of the information can be completed by the judge or the judge can tell you what he/she wants in each of the blanks after the hearing.
In this document the person that will be paying the support is the Obligor and the person that will be receiving the support is the Obligee. At the top of each page of the form is a space to insert the case number of your case and each space should have the case number.
1. Check the "Initial Order" box if this is the first child support order in the case and the "Modification" box if it is not.
2. Ignore the "Illinois Dept. of Public Aid" box.
3. Ignore the IDPA No.
4. Under the "The Court finds" section:
a. Check this box and in the blank write the amount of the obligor's net income and the period covered, for example, per month, per week, per 2 weeks, etc.
b. Check this box only is there is an arrearage of support (past due support) and in the blank insert the amount. Usually you will leave this blank if there is a disagreement about how much is owed. The judge can fill this blank after he/she decides how much is owed.
c. You should not check this box. This is for special cases in which the support will be ordered in a dollar amount plus a percentage of other income the obligor has, like commission payments. This type of child support payment is not covered by the instructions.
5. At the "It is ordered that" line write the name of the person who will be paying support.
6. Maintenance and unallocated support section: ignore.
7. Child Support section: check the box.
a. Payment amount blank: insert the total amount to be paid, including any arrearage payment.
b. Current Child Support Payment: insert the amount of regular support.
c. Arrearage payment: insert the amount to be paid on any arrearage.
d. Payments begin: insert the date on which the payment are to begin.
e. Payment frequency: check the box that corresponds to how often the payments are to be made.
8. Percentage Amount of Child Support section: ignore this section.
9. Payment arrangements section: check the box. Underneath this section you will normally check the first and fourth paragraphs and these are the only sections the instructions cover. If you want to use the second or third paragraph, you should seek the advice of an attorney. In the fourth paragraph the first blank should be filled with the name of the county in which the order will be entered, the second blank is the address of the courthouse at which the order was entered.
10. Delinquency section: check the box. In the first blank insert an amount that is 20% of the normal child support amount, e.g. if the payment is $100.00 then the amount in the blank would be $20.00.
11. Termination section: check the box. The first blank should contain the date on which the youngest child will reach the age of 18 or the date on which the youngest child is expected the graduate from high school, whichever is later.
12. Insurance section: check the box if the person paying support will also be providing medical insurance through his/her job. This paragraph allows for several options for the payment of the insurance premium. The instructions only cover the most common, which is when the obligor gets insurance for the child. For that option you will check the obligor box in line one and the first and second boxes in line two. Insert the name of the health insurance provider and the policy number in the places indicated.
13. Additional conditions or findings section: check the box and check the last box which concerns the child support date sheet. It is important that you check that last box because it requires the circuit clerk to keep the information on the child support data sheet secret. This is important because the information could be used by someone to commit the crime of identity theft. The remaining two boxes in this section should be ignored. Those can be completed by the judge if necessary.