Illinois Compiled Statutes
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305 ILCS 5/10-10
(305 ILCS 5/10-10)
(from Ch. 23, par. 10-10)
Court enforcement; applicability also to persons who are
not applicants or recipients.
Except where the Illinois Department, by
agreement, acts for the local governmental unit, as provided in Section
10-3.1, local governmental units shall refer to the State's Attorney or
to the proper legal representative of the governmental unit, for
judicial enforcement as herein provided, instances of non-support or
insufficient support when the dependents are applicants or recipients
under Article VI. The Child and Spouse Support Unit
established by Section 10-3.1 may institute in behalf of the Illinois
Department any actions under this Section for judicial enforcement of
the support liability when the dependents are (a) applicants or
recipients under Articles III, IV, V or VII; (b) applicants or recipients
in a local governmental unit when the Illinois Department, by agreement,
acts for the unit; or (c) non-applicants or non-recipients who are
receiving child support enforcement services under this Article X, as
in Section 10-1. Where the Child and Spouse Support Unit has exercised
its option and discretion not to apply the provisions of Sections 10-3 through
10-8, the failure by the Unit to apply such provisions shall not be a bar
to bringing an action under this Section.
Action shall be brought in the circuit court to obtain support, or
for the recovery of aid granted during the period such support was not
provided, or both for the obtainment of support and the recovery of the
aid provided. Actions for the recovery of aid may be taken separately
or they may be consolidated with actions to obtain support. Such
actions may be brought in the name of the person or persons requiring
support, or may be brought in the name of the Illinois Department or the
local governmental unit, as the case requires, in behalf of such persons.
The court may enter such orders for the payment of moneys for the
support of the person as may be just and equitable and may direct
payment thereof for such period or periods of time as the circumstances
require, including support for a period before the date the order for support
is entered. The order may be entered against any or all of the defendant
responsible relatives and may be based upon the proportionate ability of
each to contribute to the person's support.
The Court shall determine the amount of child support (including child
support for a period before the date the order for child support is entered)
guidelines and standards set forth in subsection (a) of Section 505 and in
Section 505.2 of the Illinois Marriage and Dissolution of Marriage Act.
For purposes of determining the amount of child support to be paid for a
period before the date the order for child support is entered, there is a
presumption that the responsible relative's net income for that period was the
same as his or her net income at the time the order is entered.
If (i) the responsible relative was properly served with a request for
financial information relating to the responsible relative's ability to provide
child support, (ii)
the responsible relative failed to comply with the request, despite having been
do so by the court, and (iii) the responsible relative is not present at the
determine support despite having received proper notice, then any relevant
information concerning the responsible relative's ability to provide child
obtained pursuant to subpoena and proper notice shall be admitted into evidence
the need to establish any further foundation for its admission.
An order entered under this Section shall include a provision requiring
the obligor to report to the obligee and to the clerk of court within 10 days
each time the obligor obtains new employment, and each time the obligor's
employment is terminated for any reason.
The report shall be in writing and shall, in the case of new employment,
include the name and address of the new employer.
Failure to report new employment or
the termination of current employment, if coupled with nonpayment of support
for a period in excess of 60 days, is indirect criminal contempt. For
any obligor arrested for failure to report new employment bond shall be set in
the amount of the child support that should have been paid during the period of
unreported employment. An order entered under this Section shall also include
a provision requiring the obligor and obligee parents to advise each other of a
change in residence within 5 days of the change
except when the court finds that the physical, mental, or emotional health
of a party or that of a minor child, or both, would be seriously endangered by
disclosure of the party's address.
The Court shall determine the amount of maintenance using the standards
set forth in Section 504 of the Illinois Marriage and Dissolution of Marriage
Any new or existing support order entered by the court under this
Section shall be deemed to be a series of judgments against the person
obligated to pay support thereunder, each such judgment to be in the amount
of each payment or installment of support and each such judgment to be
deemed entered as of the date the corresponding payment or installment
becomes due under the terms of the support order. Each such judgment shall
have the full force, effect and attributes of any other judgment of this
State, including the ability to be enforced. Any such judgment is subject
to modification or termination only in accordance with Section 510 of the
Illinois Marriage and Dissolution of Marriage Act.
Notwithstanding any other State or local law to the contrary, a lien arises by operation of law against the real and personal property of
the noncustodial parent for each
installment of overdue support owed by the noncustodial parent.
When an order is entered for the support of a minor, the court may
provide therein for reasonable visitation of the minor by the person or
persons who provided support pursuant to the order. Whoever willfully
refuses to comply with such visitation order or willfully interferes
with its enforcement may be declared in contempt of court and punished
Except where the local governmental unit has entered into an
agreement with the Illinois Department for the Child and Spouse Support
Unit to act for it, as provided in Section 10-3.1, support orders
entered by the court in cases involving applicants or recipients under
Article VI shall provide that payments thereunder be made
directly to the local governmental unit. Orders for the support of all
other applicants or recipients shall provide that payments thereunder be
made directly to the Illinois Department.
In accordance with federal law and regulations, the Illinois Department may
continue to collect current maintenance payments or child support payments, or
both, after those persons cease to receive public assistance and until
termination of services under Article X. The Illinois Department shall pay the
net amount collected to those persons after deducting any costs incurred in
the collection or any collection fee from the amount of any recovery made. In both cases the order shall permit the local
governmental unit or the Illinois Department, as the case may be, to direct
the responsible relative or relatives to make support payments directly to
the needy person, or to some person or agency in his behalf, upon removal
of the person from the public aid rolls or upon termination of services under
If the notice of support due issued pursuant to Section 10-7 directs
that support payments be made directly to the needy person, or to some
person or agency in his behalf, and the recipient is removed from the
public aid rolls, court action may be taken against the responsible
relative hereunder if he fails to furnish support in accordance with the
terms of such notice.
Actions may also be brought under this Section in behalf of any
person who is in need of support from responsible relatives, as defined
in Section 2-11 of Article II who is not an applicant for or recipient
of financial aid under this Code. In such instances, the State's
Attorney of the county in which such person resides shall bring action
against the responsible relatives hereunder. If the Illinois
Department, as authorized by Section 10-1, extends the child support
provided by this Article to spouses and dependent children who are not
applicants or recipients under this Code, the Child and Spouse Support
Unit established by Section 10-3.1 shall bring action against the
responsible relatives hereunder and any support orders entered by the
court in such cases shall provide that payments thereunder be made
directly to the Illinois Department.
Whenever it is determined in a proceeding to establish or enforce a child
support or maintenance obligation that the person owing a duty of support
is unemployed, the court may order the person to seek employment and report
periodically to the court with a diary, listing or other memorandum of his
or her efforts in accordance with such order. Additionally, the court may
order the unemployed person to report to the Department of Employment
Security for job search services or to make application with the local Job
Training Partnership Act provider for participation in job search,
training or work programs and where the duty of support is owed to a child
receiving child support enforcement services under this Article X, the
unemployed person to report to the Illinois Department for participation
in job search, training or work programs established under Section 9-6 and
Article IXA of this Code.
Whenever it is determined that a person owes past-due support for a child
receiving assistance under this Code, the court shall order at the request of
the Illinois Department:
(1) that the person pay the past-due support in
accordance with a plan approved by the court; or
(2) if the person owing past-due support is
unemployed, is subject to such a plan, and is not incapacitated, that the person participate in such job search, training, or work programs established under Section 9-6 and Article IXA of this Code as the court deems appropriate.
A determination under this Section shall not be administratively
reviewable by the procedures specified in Sections 10-12, and 10-13 to
10-13.10. Any determination under these Sections, if made the basis of
court action under this Section, shall not affect the de novo judicial
determination required under this Section.
If a person who is found guilty of contempt for failure to comply with an order to pay support is a person who conducts a business or who is self-employed, the court in addition to other penalties provided by law may order that the person do one or more of the following: (i) provide to the court monthly financial statements showing income and expenses from the business or the self-employment; (ii) seek employment and report periodically to the court with a diary, listing, or other memorandum of his or her employment search efforts; or (iii) report to the Department of Employment Security for job search services to find employment that will be subject to withholding of child support.
A one-time charge of 20% is imposable upon the amount of past-due child
support owed on July 1, 1988 which has accrued under a support order
entered by the court. The charge shall be imposed in accordance with the
provisions of Section 10-21 of this Code and shall be enforced by the court
All orders for support, when entered or modified, shall
include a provision requiring the non-custodial parent to notify the court and,
in cases in which a party is receiving child support
enforcement services under
this Article X, the Illinois Department, within 7 days, (i) of the name,
address, and telephone number of any new employer of the non-custodial parent,
(ii) whether the non-custodial parent has access to health insurance coverage
through the employer or other group coverage and, if so, the policy name and
number and the names of persons covered under
the policy, and (iii) of any new residential or mailing address or telephone
number of the non-custodial parent. In any subsequent action to enforce a
support order, upon a sufficient showing that a diligent effort has been made
to ascertain the location of the non-custodial parent, service of process or
provision of notice necessary in the case may be made at the last known
address of the non-custodial parent in any manner expressly provided by the
Code of Civil Procedure or this Code, which service shall be sufficient for
purposes of due process.
An order for support shall include a date on which the current support
obligation terminates. The termination date shall be no earlier than the
date on which the child covered by the order will attain the age of
18. However, if the child will not graduate from high school until after
attaining the age
of 18, then the termination date shall be no earlier than the earlier of the
date on which
the child's high school graduation will occur or the date on which the child
will attain the
age of 19. The order for support shall state
that the termination date does not apply to
any arrearage that may remain unpaid on that date. Nothing in this paragraph
shall be construed to prevent the court from modifying the order or terminating
the order in the event the child is otherwise emancipated.
If there is an unpaid arrearage or delinquency (as those terms are defined in the Income Withholding for Support Act) equal to at least one month's support obligation on the termination date stated in the order for support or, if there is no termination date stated in the order, on the date the child attains the age of majority or is otherwise emancipated, then the periodic amount required to be paid for current support of that child immediately prior to that date shall automatically continue to be an obligation, not as current support but as periodic payment toward satisfaction of the unpaid arrearage or delinquency. That periodic payment shall be in addition to any periodic payment previously required for satisfaction of the arrearage or delinquency. The total periodic amount to be paid toward satisfaction of the arrearage or delinquency may be enforced and collected by any method provided by law for the enforcement and collection of child support, including but not limited to income withholding under the Income Withholding for Support Act. Each order for support entered or modified on or after the effective date of this amendatory Act of the 93rd General Assembly must contain a statement notifying the parties of the requirements of this paragraph. Failure to include the statement in the order for support does not affect the validity of the order or the operation of the provisions of this paragraph with regard to the order. This paragraph shall not be construed to prevent or affect the establishment or modification of an order for the support of a minor child or the establishment or modification of an order for the support of a non-minor child or educational expenses under Section 513 of the Illinois Marriage and Dissolution of Marriage Act.
Payments under this Section to the Illinois Department pursuant to the
Child Support Enforcement Program established by Title IV-D of the Social
Security Act shall be paid into the Child Support Enforcement Trust Fund.
All payments under this Section to the Illinois Department of Human
Services shall be deposited in the DHS Recoveries
Trust Fund. Disbursements from these funds shall be as provided in Sections
12-9.1 and 12-10.2 of this Code. Payments received by a local
governmental unit shall be deposited in that unit's General Assistance Fund.
To the extent the provisions of this Section are inconsistent with the
requirements pertaining to the State Disbursement Unit under Sections 10-10.4
and 10-26 of this Code, the requirements pertaining to the State Disbursement
Unit shall apply.
(Source: P.A. 97-186, eff. 7-22-11; 97-1029, eff. 1-1-13.)