13.3.1 Mandatory Disclosure


(a) Pre-Judgment Disclosure -In all pre-judgment proceedings in which a party is seeking division of the marital estate, to establish, modify or enforce an order for maintenance, child support, or educational expenses pursuant to Section 513 of the Illinois Marriage and Dissolution of Marriage Act, support for a non-minor child with a disability pursuant to Section 513.5 of the Illinois Marriage and Dissolution of Marriage Act, disposition of property in a civil union, retroactive child support in parentage matters, or  attorney’s fees and costs against the other party, each party shall serve a completed  affidavit of incomes, expenses, debts, and assets  (“Financial Affidavit”) upon the other party on forms approved by the court. The service of the “Financial Affidavit” shall be as follows:

(i) The Petitioner shall serve the completed  “Financial Affidavit” not later than thirty (30) days after service of the initial pleading and the Respondent shall serve the completed “Financial Affidavit” not later than thirty (30) days after the filing of the Responding party’s appearance; or

(ii) Not less than seven (7) business days prior to a hearing, whichever date first occurs

When further relief is sought from the court and a material change of circumstances has occurred, an updated completed “Financial Affidavit” must be served on the other party no less than seven (7) days prior to any hearing.

(b) Post-Judgment Disclosure - In all post-judgment proceedings in which a party is seeking to establish, modify or enforce an order of maintenance, child support, support for educational expenses pursuant to Section 513 of the Illinois Marriage and Dissolution of Marriage Act,  support for a non-minor child with a disability pursuant to Section 513.5 of the Illinois Marriage and Dissolution of Marriage Act, or attorney’s fees or costs, the parties shall exchange a completed  “Financial Affidavit” unless either party files a written objection with the court and shows good cause why such exchange should not be required. The service of the  “Financial Affidavit” shall be as follows:

(i) The Petitioner shall serve the completed “Financial Affidavit” not later than thirty (30) days after service of the initial pleading and the Respondent shall serve the completed  “Financial Affidavit” not later than thirty (30) days after the filing of the responding party’s appearance; or

(ii) Not less than seven (7) business days prior to a hearing, whichever date first occurs.

(c) Sanctions for Failure to Comply - Failure of a party to timely serve the “Financial Affidavit” shall subject the non-complying party to such sanctions as the court deems appropriate, including all sanctions available under Illinois Supreme Court Rule 219. Failure to comply shall not be sufficient cause for a responding party not in compliance to obtain a continuance of the hearing.

(d) Certificate of Service - The completed “Financial Affidavit” should not be filed with the Clerk of the Circuit Court, unless ordered by the court. Each party shall file with the Clerk of the Circuit Court a Certificate of Service of the “Financial Affidavit” upon the other party.

(e) Discovery -In pre-judgment and post-judgment proceedings, a party shall serve the other party with a completed “Financial Affidavit” before seeking discovery pursuant to Supreme Court Rule 201 unless otherwise ordered by the court for good cause shown.

(f) Application to Joint Simplified Dissolution - Paragraph 13.3.1(a) shall not apply to Joint Simplified Dissolution Proceedings brought pursuant to 750 ILCS 5/451 et seq.

(g) Time Limits - In the event a party posits an objection based on personal or subject matter jurisdiction, the time for service of the “Financial Affidavit” shall be tolled pending the court’s rulings. The court may extend or advance the time for service of the “Financial Affidavit,” or excuse service pursuant to good cause shown, or upon the written stipulation of the parties filed in the proceeding.

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Copyright 2016 by Circuit Court of Cook County