The provisions pertaining to discovery contained in Local Rules 7.01 and 7.02 are also applicable to all cases for declaration of invalidity of marriage, dissolution of marriage, legal separation, or miscellaneous remedies (MR) and parentage (FA) cases assigned to Domestic Relations.
In all Domestic Relations proceedings involving child support, children's expenses, college expenses, maintenance, the division of marital and non-marital assets, and attorney fees, each party other than the Illinois Department of Healthcare and Family Services shall provide the other with a completed Financial Affidavit in the form approved by the Illinois Supreme Court. The Financial Affidavit shall be supported by documentary evidence including, but not limited to, income tax returns, pay stubs, and banking and credit card statements.
A Financial Affidavit shall not be required in any Title IV-D cases where the Illinois Department of Healthcare and Family Services is seeking child support on behalf of the State of Illinois or any other State agency. A Financial Affidavit shall be required in any Title IV-D cases where the Illinois Department of Healthcare and Family Services is seeking child support on behalf of an individual, however supporting documentary evidence shall not be required.
(a) Mandatory Financial Affidavit1.Pre-Judgment Proceedings.(a) Within thirty (30) days of the filing of the respondent's general appearance or the first responsive pleading in any pre-judgment Domestic Relations proceeding for, each party shall serve upon all parties entitled to notice, a completed Financial Affidavit in the form approved by the Illinois Supreme Court.(b) At the time the Financial Affidavit is tendered to the other party, the tendering party shall immediately file with the Clerk of the Circuit Court certificate of compliance and proof of service, certifying that a completed Financial Affidavit was served upon those parties entitled to notice. The Financial Affidavit shall not be filed with the Clerk of the Circuit Court.(c) If any request for temporary financial relief is made prior to the expiration of thirty (30) days for the filing of respondent's appearance or first responsive pleading, a Financial Affidavit and required financial documents shall be served contemporaneously with the notice and the petition/motion seeking temporary financial relief. The responding party shall provide a Financial Affidavit and required documents to all parties entitled to notice and to the Court, with the response to the temporary petition/motion, not less than two (2) days prior to the hearing on the temporary financial relief.2.Post-Judgment Proceeding. (a) In any post-judgment financial Domestic Relations proceedings (excluding enforcement proceedings), the moving party shall tender a Financial Affidavit to the opposing party within thirty (30) days of the filing of the post-judgment proceeding, and the opposing party shall tender to the moving party a Financial Affidavit with thirty (30) days of receiving the moving party's Financial Affidavit.3.Extension of Time.(a) The Court, in its discretion, may extend the time for tendering of the Financial Affidavits and required documents, as required in paragraphs 1 and 2 above, on notice and motion and for good cause shown.(b)Duty to Update. Each party in pre-judgment Domestic Relations proceedings shall tender an updated Financial Affidavit thirty (30) days before trial.(c)Sanctions for Non-Compliance. Upon motion by any party, the Court may impose such sanctions for any violation of Local Rule 15.05, including all sanctions set forth in Supreme Court Rule 219.(d)Additional Discovery. Until a party has tendered a completed Financial Affidavit, such party shall not make discovery requests to the opposing party that duplicate information required in a Financial Affidavit.Ill. R. Cir. Ct. Dupage Cnty. 15.05