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Rule 100.8.Absence of Party at Hearing

Article I. General Rules · Last amended 2021 · Last verified July 20, 2026

In one sentenceRule 100.8 explains what happens when the parent responding to a child support case doesn't show up, including how the recommended order gets served and how that parent can object.

Full Text of Ill. S. Ct. R. 100.8

Text sizeJump to: (a) (b)

(a) Failure to be Present at Hearing. The expedited child support hearing may proceed in the absence of the responding party if service has been made and the petitioning party and/or his or her attorney is present. Based upon the testimony of the petitioning party and any other evidence that may have been presented, the administrative hearing officer shall recommend that the judge enter an appropriate order. If the petitioning party does not agree to the recommended order, the administrative hearing officer shall immediately schedule a judicial hearing, record the date, time and place of the hearing upon a notice and provide such notice to the petitioning party at the expedited hearing. Such notice shall be sent to the nonappearing party by regular mail. If the petitioning party agrees to and signs the order, a copy of the signed order and a notification of the right to object to the order shall be served upon the nonappearing party as directed in subsection
(b) below. If the petitioning party is not present, either in person or through an attorney, the administrative hearing officer may continue the matter or may strike the matter with leave to reinstate. Notification of such action shall be served upon the petitioning party by regular mail. For the purposes of this paragraph, being present encompasses appearing in person, by counsel, or remotely, including by telephone or video conference.
(b) Service of Recommended Order and Notice. If service to commence the hearing before the administrative hearing officer was made by regular mail, the notice and recommended order shall be served in the same manner as summonses are served in other civil proceedings or by certified mail, return receipt requested, mailed to the nonappearing party’s last known address. If service to commence the hearing was as provided in the Code of Civil Procedure, the notice and recommended order shall be served by regular mail to the nonappearing party’s last known address.
(c) Objections. The nonappearing party may file with the judge a written objection to the entry of the recommended order within 14 days after the order was mailed. If no objection is filed within 14 days, the nonappearing party is deemed to have accepted the recommended order. The judge may then enter the order, refer the case back to the administrative hearing officer for further proceedings, or conduct a judicial hearing. If a timely objection is filed, the judge must hold a judicial hearing and shall enter an appropriate order.
End

Plain-English Summary

If a respondent doesn't appear after being properly served, the hearing can still go forward, with the hearing officer recommending an order to the judge based on the petitioning party's evidence. If the petitioning party agrees to sign that recommended order, a copy goes to the absent party along with a notice explaining the right to object; if the petitioning party doesn't agree, the hearing officer sets a judicial hearing instead and sends notice of that new date.

The rule flips the same problem around for the other side: if the petitioning party doesn't show up, the hearing officer can continue the case or strike it with leave to reinstate, notifying that party by mail. A nonappearing respondent who was served has 14 days after the order is mailed to file a written objection; without one, the respondent is treated as accepting the order, though the judge can still choose to send the case back to the hearing officer or hold a hearing anyway. A timely objection guarantees a judicial hearing.

Frequently Asked Questions

What happens if I don't show up for my child support hearing?
The hearing can proceed without you if you were properly served, and the hearing officer will recommend an order based on the other party's evidence.
How do I find out about a recommended order entered while I was absent?
It gets mailed to you along with a notice explaining your right to object.
How long do I have to object to a recommended order I received by mail?
14 days from when it was mailed.
What happens if I don't object within 14 days?
You're treated as having accepted the recommended order, though the judge can still choose to hold a hearing or send the case back to the hearing officer.
What if the parent who filed the case doesn't show up?
The hearing officer can continue the matter or strike it with leave to reinstate, and must notify that party by mail.

Amendment History

Adopted April 1, 1992, effective immediately; amended Sept. 29, 2021, eff. Oct. 1, 2021.

Source & verification. Rule text, official Committee Comments, and amendment history are reproduced verbatim from the Illinois Supreme Court Rules, promulgated by the Supreme Court of Illinois. Last verified July 20, 2026. · Official source
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