Article I. General Rules · Last amended 1992 · Last verified July 20, 2026
In one sentenceRule 100.9 sends custody, visitation, property, and maintenance issues to a judge, keeping only child support and parentage matters with the administrative hearing officer.
(a)Domestic Relations Matters Other than Child Support and Parentage. Any domestic
relations matter other than child support and parentage, including but not limited to petitions for visitation, custody, distribution of property, petitions pursuant to section 513 of the Illinois Marriage and Dissolution of Marriage Act, and spousal maintenance shall be transferred according to the judicial circuit’s Plan to a judge for a judicial hearing. The administrative hearing officer shall proceed as scheduled with matters relative to child support or parentage. In actions to establish parentage where the putative father voluntarily acknowledges paternity, the recommended order shall include provisions for custody of the child in the mother and reasonable visitation for the father if both parties agree. If either party wishes to contest custody or visitation, the recommended order will be silent on those issues, but the contest will not delay the entry of the order establishing parentage and child support.
(b)Prehearing Motions and Other Matters that Require a Court Order. All prehearing motions and other matters that require a court order or judicial hearing, as defined in the Act and in these rules, shall be transferred to a judge for resolution in an expeditious manner. However, if the parties are in agreement as to the prehearing motion or other such matters, the administrative hearing officer shall transmit a recommended order, signed by both parties to a judge.
(c)Matters Requiring Judicial Hearing. All other matters requiring a judicial hearing, as provided for in the Act and in these rules, shall be immediately transferred according to the judicial circuit’s Plan to a judge for a judicial hearing.
(d)Service of Orders of Withholding Pending Judicial Hearing. Whenever the parties disagree with part of the administrative hearing officer’s recommendations, but do agree as to the existing obligation and no order for withholding was previously served upon the obligor’s employer, the order for withholding shall be served upon the obligor’s employer as to the existing support obligation pending judicial hearing on the contested matter.
Plain-English Summary
An administrative hearing officer stays in a narrow lane. Anything involving custody, visitation, property division, spousal maintenance, or a petition under section 513 of the Marriage and Dissolution of Marriage Act goes to a judge under the circuit's plan, while the hearing officer keeps working on the child support or parentage part of the same case.
When a father voluntarily acknowledges paternity, the recommended order can include custody with the mother and reasonable visitation for the father, but only if both parties agree; if either side wants to contest custody or visitation, that piece stays silent in the recommended order so establishing parentage and support doesn't get delayed. Prehearing motions and anything else requiring a court order go to a judge quickly, unless the parties already agree, in which case the hearing officer sends along a signed recommended order. If the parties disagree about part of the recommendation but agree on the existing support obligation, and no withholding order has been served yet, that withholding order goes out to the employer right away, even while the disputed issue waits for a judicial hearing.
Frequently Asked Questions
Can an administrative hearing officer decide who gets custody?
No, custody, visitation, property division, and maintenance issues go to a judge, even in a case where the hearing officer is handling child support.
What happens to custody and visitation when a father acknowledges paternity?
If both parties agree, the recommended order can include custody with the mother and visitation for the father; if either side contests it, that part is left out so the support and parentage order isn't delayed.
Do prehearing motions go to a judge or a hearing officer?
Prehearing motions and other matters requiring a court order are transferred to a judge, unless the parties agree, in which case a signed recommended order goes to the judge instead.
What happens to my paycheck withholding while a contested issue waits for a judge?
If the parties agree on the existing support obligation and no withholding order has been served, it goes out to the employer right away, even before the contested issue is resolved.
Does the hearing officer keep working on my case while custody goes to a judge?
Yes, the hearing officer continues with the scheduled child support or parentage matters while the judge handles the transferred issues.
Amendment History
Adopted April 1, 1992, effective immediately.
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
Also known as:custody decided by hearing officer or judgechild support case with custody disputevoluntary acknowledgment of paternity custodywage withholding order pending hearingtransfer to judge child support case