Section 160.89  Interest

a)         The Department shall calculate interest on child support judgments, including judgments arising by operation of law from child support orders, by applying one-twelfth of the current statutory interest rate as provided in Section 2-1303 of the Code of Civil Procedure to the unpaid child support balance as of the end of each calendar month.  The unpaid child support balance at the end of the month is the total amount of child support ordered, excluding the child support that was due for that month to the extent that it was not paid in that month and including judgments for retroactive child support, less all payments received and applied as set forth in this Section.

b)         The accrued interest shall not be included in the unpaid child support balance when calculating interest at the end of the month.

c)         The unpaid child support balance as of the end of each month shall be determined by calculating the current monthly child support obligation and applying all payments received for that month, except federal income tax refund intercepts, first to the current monthly child support obligation and then applying any payments in excess of the current monthly child support obligation to the unpaid child support balance owed from previous months.  The current monthly child support obligation shall be determined from the document that established the support obligation.

d)         Federal income tax refund intercepts and any payments in excess of the current monthly child support obligation shall be applied to the unpaid child support balance.  Any payments in excess of the current monthly child support obligation and the unpaid child support balance shall be applied to the accrued interest on the unpaid child support balance.  Interest on child support obligations may be collected by any means available under federal and State laws, rules, and regulations providing for the collection of child support.

e)         The provisions of this Section shall also apply to calculation of interest on maintenance and unallocated maintenance and child support judgments arising by operation of law from maintenance and unallocated maintenance and child support orders.

(Source:  Added at 30 Ill. Reg. 13393, effective July 28, 2006)