Under Illinois law, a supporting parent is usually required to pay at least 20 percent of their net income to their former spouse to support a child, a percentage that only goes up with each additional child to be supported. The exact percentage of child support that must be paid should be recorded in the divorce decree. In many cases, however, supporting parents are unable to make these payments because of changing financial circumstances, or are unwilling to meet their obligations for some other reason. If this has arisen in your situation, you do not have to accept your former spouse’s noncompliance with the court order. You can take him or her to court and require that they show cause as to why they are not paying child support.
Filing a Petition for Rule to Show Cause
A petition for rule to show cause is a motion filed with the court after it has entered an order directing one or both parties to do something. In a petition for rule to show cause, the petitioner asks the court to have the other party come before it and explain why they are not following the court order. As applied to child support proceedings, this means making your former spouse appear before the judge to explain why they are not making child support payments.