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92_HB3577
LRB9200711DJmgA
1 AN ACT in relation to support.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Public Aid Code is amended by
5 changing Sections 10-10, 10-10.1, 10-10.2, 10-10.3, 10-10.5,
6 10-11, and 10-26 as follows:
7 (305 ILCS 5/10-10) (from Ch. 23, par. 10-10)
8 Sec. 10-10. Court enforcement; applicability also to
9 persons who are not applicants or recipients. Except where
10 the Illinois Department, by agreement, acts for the local
11 governmental unit, as provided in Section 10-3.1, local
12 governmental units shall refer to the State's Attorney or to
13 the proper legal representative of the governmental unit, for
14 judicial enforcement as herein provided, instances of
15 non-support or insufficient support when the dependents are
16 applicants or recipients under Article VI. The Child and
17 Spouse Support Unit established by Section 10-3.1 may
18 institute in behalf of the Illinois Department any actions
19 under this Section for judicial enforcement of the support
20 liability when the dependents are (a) applicants or
21 recipients under Articles III, IV, V or VII (b) applicants or
22 recipients in a local governmental unit when the Illinois
23 Department, by agreement, acts for the unit; or (c)
24 non-applicants or non-recipients who are receiving support
25 enforcement services under this Article X, as provided in
26 Section 10-1. Where the Child and Spouse Support Unit has
27 exercised its option and discretion not to apply the
28 provisions of Sections 10-3 through 10-8, the failure by the
29 Unit to apply such provisions shall not be a bar to bringing
30 an action under this Section.
31 Action shall be brought in the circuit court to obtain
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1 support, or for the recovery of aid granted during the period
2 such support was not provided, or both for the obtainment of
3 support and the recovery of the aid provided. Actions for
4 the recovery of aid may be taken separately or they may be
5 consolidated with actions to obtain support. Such actions
6 may be brought in the name of the person or persons requiring
7 support, or may be brought in the name of the Illinois
8 Department or the local governmental unit, as the case
9 requires, in behalf of such persons.
10 The court may enter such orders for the payment of moneys
11 for the support of the person as may be just and equitable
12 and may direct payment thereof for such period or periods of
13 time as the circumstances require, including support for a
14 period before the date the order for support is entered. The
15 order may be entered against any or all of the defendant
16 responsible relatives and may be based upon the proportionate
17 ability of each to contribute to the person's support.
18 The Court shall determine the amount of child support
19 (including child support for a period before the date the
20 order for child support is entered) by using the guidelines
21 and standards set forth in subsection (a) of Section 505 and
22 in Section 505.2 of the Illinois Marriage and Dissolution of
23 Marriage Act. For purposes of determining the amount of child
24 support to be paid for a period before the date the order for
25 child support is entered, there is a rebuttable presumption
26 that the responsible relative's net income for that period
27 was the same as his or her net income at the time the order
28 is entered.
29 If (i) the responsible relative was properly served with
30 a request for discovery of financial information relating to
31 the responsible relative's ability to provide child support,
32 (ii) the responsible relative failed to comply with the
33 request, despite having been ordered to do so by the court,
34 and (iii) the responsible relative is not present at the
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1 hearing to determine support despite having received proper
2 notice, then any relevant financial information concerning
3 the responsible relative's ability to provide child support
4 that was obtained pursuant to subpoena and proper notice
5 shall be admitted into evidence without the need to establish
6 any further foundation for its admission.
7 An order entered under this Section before July 1, 2002
8 shall include a provision requiring the obligor to report to
9 the obligee and to the clerk of the court within 10 days each
10 time the obligor obtains new employment, and each time the
11 obligor's employment is terminated for any reason. An order
12 entered under this Section after June 30, 2002 shall include
13 a provision requiring the obligor to report to the obligee,
14 the Illinois Department, and the State Disbursement Unit
15 established under Section 10-26, within 5 business days, each
16 time the obligor obtains new employment and each time the
17 obligor's employment is terminated for any reason. The
18 report shall be in writing and shall, in the case of new
19 employment, include the name and address of the new employer.
20 Failure to report new employment or the termination of
21 current employment, if coupled with nonpayment of support for
22 a period in excess of 60 days, is indirect criminal contempt.
23 For any obligor arrested for failure to report new employment
24 bond shall be set in the amount of the child support that
25 should have been paid during the period of unreported
26 employment.
27 An order entered under this Section shall also include a
28 provision requiring the obligor and obligee parents to advise
29 each other of a change in residence within 5 days of the
30 change except when the court finds that the physical,
31 mental, or emotional health of a party or that of a minor
32 child, or both, would be seriously endangered by disclosure
33 of the party's address.
34 The Court shall determine the amount of maintenance using
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1 the standards set forth in Section 504 of the Illinois
2 Marriage and Dissolution of Marriage Act.
3 Any new or existing support order entered by the court
4 under this Section shall be deemed to be a series of
5 judgments against the person obligated to pay support
6 thereunder, each such judgment to be in the amount of each
7 payment or installment of support and each such judgment to
8 be deemed entered as of the date the corresponding payment or
9 installment becomes due under the terms of the support order.
10 Each such judgment shall have the full force, effect and
11 attributes of any other judgment of this State, including the
12 ability to be enforced. Any such judgment is subject to
13 modification or termination only in accordance with Section
14 510 of the Illinois Marriage and Dissolution of Marriage Act.
15 A lien arises by operation of law against the real and
16 personal property of the noncustodial parent for each
17 installment of overdue support owed by the noncustodial
18 parent.
19 When an order is entered for the support of a minor, the
20 court may provide therein for reasonable visitation of the
21 minor by the person or persons who provided support pursuant
22 to the order. Whoever willfully refuses to comply with such
23 visitation order or willfully interferes with its enforcement
24 may be declared in contempt of court and punished therefor.
25 Except where the local governmental unit has entered into
26 an agreement with the Illinois Department for the Child and
27 Spouse Support Unit to act for it, as provided in Section
28 10-3.1, support orders entered by the court in cases
29 involving applicants or recipients under Article VI shall
30 provide that payments thereunder be made directly to the
31 local governmental unit. Orders for the support of all other
32 applicants or recipients shall provide that payments
33 thereunder be made directly to the Illinois Department. In
34 accordance with federal law and regulations, the Illinois
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1 Department may continue to collect current maintenance
2 payments or child support payments, or both, after those
3 persons cease to receive public assistance and until
4 termination of services under Article X. The Illinois
5 Department shall pay the net amount collected to those
6 persons after deducting any costs incurred in making the
7 collection or any collection fee from the amount of any
8 recovery made. In both cases the order shall permit the
9 local governmental unit or the Illinois Department, as the
10 case may be, to direct the responsible relative or relatives
11 to make support payments directly to the needy person, or to
12 some person or agency in his behalf, upon removal of the
13 person from the public aid rolls or upon termination of
14 services under Article X.
15 If the notice of support due issued pursuant to Section
16 10-7 directs that support payments be made directly to the
17 needy person, or to some person or agency in his behalf, and
18 the recipient is removed from the public aid rolls, court
19 action may be taken against the responsible relative
20 hereunder if he fails to furnish support in accordance with
21 the terms of such notice.
22 Actions may also be brought under this Section in behalf
23 of any person who is in need of support from responsible
24 relatives, as defined in Section 2-11 of Article II who is
25 not an applicant for or recipient of financial aid under this
26 Code. In such instances, the State's Attorney of the county
27 in which such person resides shall bring action against the
28 responsible relatives hereunder. If the Illinois Department,
29 as authorized by Section 10-1, extends the support services
30 provided by this Article to spouses and dependent children
31 who are not applicants or recipients under this Code, the
32 Child and Spouse Support Unit established by Section 10-3.1
33 shall bring action against the responsible relatives
34 hereunder and any support orders entered by the court in such
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1 cases shall provide that payments thereunder be made directly
2 to the Illinois Department.
3 Whenever it is determined in a proceeding to establish or
4 enforce a child support or maintenance obligation that the
5 person owing a duty of support is unemployed, the court may
6 order the person to seek employment and report periodically
7 to the court with a diary, listing or other memorandum of his
8 or her efforts in accordance with such order. Additionally,
9 the court may order the unemployed person to report to the
10 Department of Employment Security for job search services or
11 to make application with the local Job Jobs Training
12 Partnership Act provider for participation in job search,
13 training or work programs and where the duty of support is
14 owed to a child receiving support services under this Article
15 X, the court may order the unemployed person to report to the
16 Illinois Department for participation in job search, training
17 or work programs established under Section 9-6 and Article
18 IXA of this Code.
19 Whenever it is determined that a person owes past-due
20 support for a child receiving assistance under this Code, the
21 court shall order at the request of the Illinois Department:
22 (1) that the person pay the past-due support in
23 accordance with a plan approved by the court; or
24 (2) if the person owing past-due support is
25 unemployed, is subject to such a plan, and is not
26 incapacitated, that the person participate in such job
27 search, training, or work programs established under
28 Section 9-6 and Article IXA of this Code as the court
29 deems appropriate.
30 A determination under this Section shall not be
31 administratively reviewable by the procedures specified in
32 Sections 10-12, and 10-13 to 10-13.10. Any determination
33 under these Sections, if made the basis of court action under
34 this Section, shall not affect the de novo judicial
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1 determination required under this Section.
2 A one-time charge of 20% is imposable upon the amount of
3 past-due child support owed on July 1, 1988 which has accrued
4 under a support order entered by the court. The charge shall
5 be imposed in accordance with the provisions of Section 10-21
6 of this Code and shall be enforced by the court upon
7 petition.
8 All orders for support, when entered or modified, shall
9 include a provision requiring the non-custodial parent to
10 notify the court (before July 1, 2002) or the State
11 Disbursement Unit established under Section 10-26 (after June
12 30, 2002) and, in cases in which a party is receiving child
13 and spouse support services under this Article X, the
14 Illinois Department, within 7 days (before July 1, 2002) or 5
15 business days (after June 30, 2002), (i) of the name,
16 address, and telephone number of any new employer of the
17 non-custodial parent, (ii) whether the non-custodial parent
18 has access to health insurance coverage through the employer
19 or other group coverage and, if so, the policy name and
20 number and the names of persons covered under the policy, and
21 (iii) of any new residential or mailing address or telephone
22 number of the non-custodial parent. In any subsequent action
23 to enforce a support order, upon a sufficient showing that a
24 diligent effort has been made to ascertain the location of
25 the non-custodial parent, service of process or provision of
26 notice necessary in the case may be made at the last known
27 address of the non-custodial parent in any manner expressly
28 provided by the Code of Civil Procedure or this Code, which
29 service shall be sufficient for purposes of due process.
30 An order for support shall include a date on which the
31 current support obligation terminates. The termination date
32 shall be no earlier than the date on which the child covered
33 by the order will attain the age of majority or is otherwise
34 emancipated. The order for support shall state that the
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1 termination date does not apply to any arrearage that may
2 remain unpaid on that date. Nothing in this paragraph shall
3 be construed to prevent the court from modifying the order.
4 Upon notification in writing or by electronic
5 transmission from the Illinois Department to the clerk of the
6 court and (after June 30, 2002) the State Disbursement Unit
7 that a person who is receiving support payments under this
8 Section is receiving services under the Child Support
9 Enforcement Program established by Title IV-D of the Social
10 Security Act, any support payments subsequently received by
11 the clerk of the court or the State Disbursement Unit shall
12 be transmitted in accordance with the instructions of the
13 Illinois Department until the Illinois Department gives
14 notice to the clerk of the court or the State Disbursement
15 Unit to cease the transmittal. After providing the
16 notification authorized under this paragraph, the Illinois
17 Department shall be entitled as a party to notice of any
18 further proceedings in the case. The clerk of the court
19 shall file a copy of the Illinois Department's notification
20 in the court file. The clerk's failure to file a copy of the
21 notification in the court file shall not, however, affect the
22 Illinois Department's right to receive notice of further
23 proceedings.
24 Payments under this Section to the Illinois Department
25 pursuant to the Child Support Enforcement Program established
26 by Title IV-D of the Social Security Act shall be paid into
27 the Child Support Enforcement Trust Fund. All payments under
28 this Section to the Illinois Department of Human Services
29 shall be deposited in the DHS Recoveries Trust Fund.
30 Disbursements from these funds shall be as provided in
31 Sections 12-9.1 and 12-10.2 of this Code. Payments received
32 by a local governmental unit shall be deposited in that
33 unit's General Assistance Fund.
34 To the extent the provisions of this Section are
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1 inconsistent with the requirements pertaining to the State
2 Disbursement Unit under Sections 10-10.4 and 10-26 of this
3 Code, the requirements pertaining to the State Disbursement
4 Unit shall apply.
5 (Source: P.A. 90-18, eff. 7-1-97; 90-539, eff. 6-1-98;
6 90-655, eff. 7-30-98; 90-673, eff. 1-1-99; 90-790, eff.
7 8-14-98; 91-24, eff. 7-1-99; 91-212, eff. 7-20-99; 91-357,
8 eff. 7-29-99; 91-767, eff. 6-9-00; revised 10-24-00.)
9 (305 ILCS 5/10-10.1) (from Ch. 23, par. 10-10.1)
10 Sec. 10-10.1. Public Aid Collection Fee. In all cases
11 instituted by the Illinois Department on behalf of a child or
12 spouse, other than one receiving a grant of financial aid
13 under Article IV, on whose behalf an application has been
14 made and approved for support services as provided by Section
15 10-1, the court shall impose a collection fee on the
16 individual who owes a child or spouse support obligation in
17 an amount equal to 10% of the amount so owed as long as such
18 collection is required by federal law, which fee shall be in
19 addition to the support obligation. The imposition of such
20 fee shall be in accordance with provisions of Title IV, Part
21 D, of the Social Security Act and regulations duly
22 promulgated thereunder. The fee shall be payable to the
23 clerk of the circuit court (before July 1, 2002) or the State
24 Disbursement Unit established under Section 10-26 (after June
25 30, 2002) for transmittal to the Illinois Department and
26 shall continue until support services are terminated by the
27 Department.
28 (Source: P.A. 82-979.)
29 (305 ILCS 5/10-10.2) (from Ch. 23, par. 10-10.2)
30 Sec. 10-10.2. Notice to Clerk of Circuit Court of
31 payment received by the Illinois Department for recording.
32 For those cases in which support is payable to the clerk of
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1 the circuit court (before July 1, 2002) or the State
2 Disbursement Unit established under Section 10-26 (after June
3 30, 2002) for transmittal to the Illinois Department by order
4 of court, and the Illinois Department collects support by
5 assignment, offset, withholding, deduction or other process
6 permitted by law, the Illinois Department shall notify the
7 clerk or State Disbursement Unit of the date and amount of
8 such collection. Upon notification, the clerk or State
9 Disbursement Unit shall record the collection on the payment
10 record for the case.
11 (Source: P.A. 82-1057.)
12 (305 ILCS 5/10-10.3) (from Ch. 23, par. 10-10.3)
13 Sec. 10-10.3. For those cases in which child support is
14 payable to the clerk of the circuit court (before July 1,
15 2002) or the State Disbursement Unit established under
16 Section 10-26 (after June 30, 2002) for transmittal to the
17 Illinois Department by order of court, the clerk or State
18 Disbursement Unit shall transmit all such payments, within 4
19 working days of receipt, to insure that funds are available
20 for immediate distribution by the Department to the person or
21 entity entitled thereto in accordance with standards of the
22 Child Support Enforcement Program established under Title
23 IV-D of the Social Security Act. The clerk or State
24 Disbursement Unit shall notify the Department of the date of
25 receipt and amount thereof at the time of transmittal. Where
26 the clerk or State Disbursement Unit has entered into an
27 agreement of cooperation with the Department to record the
28 terms of child support orders and payments made thereunder
29 directly into the Department's automated data processing
30 system, the clerk or State Disbursement Unit shall account
31 for, transmit and otherwise distribute child support payments
32 in accordance with such agreement in lieu of the requirements
33 contained herein.
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1 To the extent the provisions of this Section are
2 inconsistent with the requirements pertaining to the State
3 Disbursement Unit under Sections 10-10.4 and 10-26 of this
4 Code, the requirements pertaining to the State Disbursement
5 Unit shall apply.
6 (Source: P.A. 91-212, eff. 7-20-99.)
7 (305 ILCS 5/10-10.5)
8 Sec. 10-10.5. Information to State Case Registry.
9 (a) When an order for support is entered or modified by
10 the circuit court under Section 10-10 before July 1, 2002,
11 the clerk of the circuit court shall, within 5 business days,
12 provide to the Illinois Department's State Case Registry
13 established under Section 10-27 of this Code the court docket
14 number and county in which the order is entered or modified
15 and the following information, which the parties shall
16 disclose to the court:
17 (1) The names of the custodial and non-custodial
18 parents and the child or children covered by the order.
19 (2) The dates of birth of the custodial and
20 non-custodial parents and of the child or children
21 covered by the order.
22 (3) The social security numbers of the custodial
23 and non-custodial parents and of the child or children
24 covered by the order.
25 (4) The residential and mailing addresses for the
26 custodial and non-custodial parents.
27 (5) The telephone numbers for the custodial and
28 non-custodial parents.
29 (6) The driver's license numbers for the custodial
30 and non-custodial parents.
31 (7) The name, address, and telephone number of each
32 parent's employer or employers.
33 When an order for support is entered or modified by the
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1 circuit court under Section 10-10 after June 30, 2002, the
2 clerk shall provide the information to the Illinois
3 Department within 5 business days, and the Illinois
4 Department shall promptly transmit the information to the
5 State Case Registry.
6 (b) When a child support order is entered or modified
7 before July 1, 2002 for a case in which a party is receiving
8 child and spouse support services under Article X of this
9 Code, the clerk shall provide the State Case Registry with
10 the following information:
11 (1) The information specified in subsection (a) of
12 this Section.
13 (2) The amount of monthly or other periodic support
14 owed under the order and other amounts, including
15 arrearages, interest, or late payment penalties and fees,
16 due or overdue under the order.
17 (3) Any amounts described in subdivision (2) of
18 this subsection (b) that have been received by the clerk.
19 (4) The distribution of the amounts received by the
20 clerk.
21 When a child support order is entered or modified after
22 June 30, 2002 for a case in which a party is receiving child
23 and spouse support services under Article X of this Code,
24 the clerk shall provide the information to the Illinois
25 Department, and the Illinois Department shall promptly
26 transmit the information to the State Case Registry.
27 (b-5) When the clerk provides information to the Illinois
28 Department under subsection (b), the Illinois Department
29 shall determine whether the State Disbursement Unit
30 established under Section 10-26 has received any amounts
31 described in subdivision (b)(2). If the State Disbursement
32 Unit has received any such amounts, the Illinois Department
33 shall cause the following information to be provided to the
34 Registry:
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1 (1) All such amounts received by the State
2 Disbursement Unit.
3 (2) The distribution of those amounts.
4 (c) A party shall report to the clerk of the circuit
5 court changes in information required to be the disclosed
6 under this Section within 5 business days of the change.
7 (d) To the extent that updated information is in the
8 clerk's possession, the clerk shall provide updates of the
9 information specified in subsection (b) of this Section
10 within 5 business days after the Illinois Department's
11 request for that updated information.
12 (Source: P.A. 91-212, eff. 7-20-99.)
13 (305 ILCS 5/10-11) (from Ch. 23, par. 10-11)
14 Sec. 10-11. Administrative Orders. In lieu of actions
15 for court enforcement of support under Section 10-10, the
16 Child and Spouse Support Unit of the Illinois Department, in
17 accordance with the rules of the Illinois Department, may
18 issue an administrative order requiring the responsible
19 relative to comply with the terms of the determination and
20 notice of support due, determined and issued under Sections
21 10-6 and 10-7. The Unit may also enter an administrative
22 order under subsection (b) of Section 10-7. The
23 administrative order shall be served upon the responsible
24 relative by United States registered or certified mail. In
25 cases in which the responsible relative appeared at the
26 office of the Child and Spouse Support Unit in response to
27 the notice of support obligation issued under Section 10-4,
28 however, or in cases of default in which the notice was
29 served on the responsible relative by certified mail, return
30 receipt requested, or by any method provided by law for
31 service of summons, the administrative determination of
32 paternity or administrative support order may be sent to the
33 responsible relative by ordinary mail addressed to the
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1 responsible relative's last known address.
2 If a responsible relative or a person receiving child and
3 spouse support services under this Article fails to petition
4 the Illinois Department for release from or modification of
5 the administrative order, as provided in Section 10-12 or
6 Section 10-12.1, the order shall become final and there shall
7 be no further administrative or judicial remedy. Likewise a
8 decision by the Illinois Department as a result of an
9 administrative hearing, as provided in Sections 10-13 to
10 10-13.10, shall become final and enforceable if not
11 judicially reviewed under the Administrative Review Law, as
12 provided in Section 10-14.
13 Any new or existing support order entered by the Illinois
14 Department under this Section shall be deemed to be a series
15 of judgments against the person obligated to pay support
16 thereunder, each such judgment to be in the amount of each
17 payment or installment of support and each such judgment to
18 be deemed entered as of the date the corresponding payment or
19 installment becomes due under the terms of the support order.
20 Each such judgment shall have the full force, effect and
21 attributes of any other judgment of this State, including the
22 ability to be enforced. Any such judgment is subject to
23 modification or termination only in accordance with Section
24 510 of the Illinois Marriage and Dissolution of Marriage Act.
25 A lien arises by operation of law against the real and
26 personal property of the noncustodial parent for each
27 installment of overdue support owed by the noncustodial
28 parent.
29 An order entered under this Section before July 1, 2002
30 shall include a provision requiring the obligor to report to
31 the obligee and to the clerk of the court within 10 days each
32 time the obligor obtains new employment, and each time the
33 obligor's employment is terminated for any reason. An order
34 entered under this Section after June 30, 2002 shall include
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1 a provision requiring the obligor to report to the obligee,
2 the Illinois Department, and the State Disbursement Unit
3 established under Section 10-26, within 5 business days, each
4 time the obligor obtains new employment and each time the
5 obligor's employment is terminated for any reason. The
6 report shall be in writing and shall, in the case of new
7 employment, include the name and address of the new employer.
8 Failure to report new employment or the termination of
9 current employment, if coupled with nonpayment of support for
10 a period in excess of 60 days, is indirect criminal contempt.
11 For any obligor arrested for failure to report new employment
12 bond shall be set in the amount of the child support that
13 should have been paid during the period of unreported
14 employment.
15 An order entered under this Section shall also include a
16 provision requiring the obligor and obligee parents to advise
17 each other of a change in residence within 5 days of the
18 change except when the court finds that the physical,
19 mental, or emotional health of a party or that of a minor
20 child, or both, would be seriously endangered by disclosure
21 of the party's address.
22 A one-time charge of 20% is imposable upon the amount of
23 past-due child support owed on July 1, 1988, which has
24 accrued under a support order entered by the Illinois
25 Department under this Section. The charge shall be imposed
26 in accordance with the provisions of Section 10-21 and shall
27 be enforced by the court in a suit filed under Section 10-15.
28 (Source: P.A. 90-18, eff. 7-1-97; 90-539, eff. 6-1-98;
29 90-655, eff. 7-30-98; 90-790, eff. 8-14-98; 91-212, eff.
30 7-20-99.)
31 (305 ILCS 5/10-26)
32 Sec. 10-26. State Disbursement Unit.
33 (a) Effective October 1, 1999 the Illinois Department
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1 shall establish a State Disbursement Unit in accordance with
2 the requirements of Title IV-D of the Social Security Act.
3 The Illinois Department shall enter into an agreement with a
4 State or local governmental unit or private entity to perform
5 the functions of the State Disbursement Unit as set forth in
6 this Section. The State Disbursement Unit shall collect and
7 disburse support payments made under court and administrative
8 support orders:
9 (1) being enforced in cases in which child and
10 spouse support services are being provided under this
11 Article X; and
12 (2) in all cases in which child and spouse support
13 services are not being provided under this Article X and
14 in which support payments are made under the provisions
15 of the Income Withholding for Support Act; and.
16 (3) in other cases as provided by law.
17 (a-5) If the State Disbursement Unit receives a support
18 payment that was not appropriately made to the Unit under
19 this Section, the Unit shall immediately return the payment
20 to the sender, including, if possible, instructions detailing
21 where to send the support payments.
22 (b) All payments received by the State Disbursement
23 Unit:
24 (1) shall be deposited into an account obtained by
25 the State or local governmental unit or private entity,
26 as the case may be, and
27 (2) distributed and disbursed by the State
28 Disbursement Unit, in accordance with the directions of
29 the Illinois Department, pursuant to Title IV-D of the
30 Social Security Act and rules promulgated by the
31 Department.
32 (c) All support payments assigned to the Illinois
33 Department under Article X of this Code and rules promulgated
34 by the Illinois Department that are disbursed to the Illinois
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1 Department by the State Disbursement Unit shall be paid into
2 the Child Support Enforcement Trust Fund.
3 (d) If the agreement with the State or local
4 governmental unit or private entity provided for in this
5 Section is not in effect for any reason, the Department shall
6 perform the functions of the State Disbursement Unit as set
7 forth in this Section for a maximum of 12 months. Payments
8 received by the Department in performance of the duties of
9 the State Disbursement Unit shall be deposited into the State
10 Disbursement Unit Revolving Fund established under Section
11 12-8.1.
12 (e) By February 1, 2000, the Illinois Department shall
13 conduct at least 4 regional training and educational seminars
14 to educate the clerks of the circuit court on the general
15 operation of the State Disbursement Unit, the role of the
16 State Disbursement Unit, and the role of the clerks of the
17 circuit court in the collection and distribution of child
18 support payments.
19 (f) By March 1, 2000, the Illinois Department shall
20 conduct at least 4 regional educational and training seminars
21 to educate payors, as defined in the Income Withholding for
22 Support Act, on the general operation of the State
23 Disbursement Unit, the role of the State Disbursement Unit,
24 and the distribution of income withholding payments pursuant
25 to this Section and the Income Withholding for Support Act.
26 (g) On July 1, 2002 the rights, powers, duties, and
27 functions of the clerks of the circuit court relating to the
28 collection and disbursement of support payments are
29 transferred to the State Disbursement Unit as provided in
30 this amendatory Act of the 92nd General Assembly. If a
31 clerk of the circuit court transmits a support payment to the
32 State Disbursement Unit according to the provisions of this
33 amendatory Act of the 92nd General Assembly, the State
34 Disbursement Unit shall disburse the payment as required by
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1 law or an order of the court.
2 (Source: P.A. 91-212, eff. 7-20-99; 91-677, eff. 1-5-00;
3 91-712, eff. 7-1-00.)
4 Section 10. The Clerks of Courts Act is amended by
5 changing Sections 27.1, 27.1a, 27.2, and 27.2a and adding
6 Section 27.10 as follows:
7 (705 ILCS 105/27.1) (from Ch. 25, par. 27.1)
8 Sec. 27.1. The fees of the Clerk of the Circuit Court in
9 all counties having a population of 180,000 inhabitants or
10 less shall be paid in advance, except as otherwise provided,
11 and shall be as follows:
12 (a) Civil Cases.
13 (1) All civil cases except as otherwise
14 provided........................................... $40
15 (2) Judicial Sales (except Probate).......... $40
16 (b) Family.
17 (1) Commitment petitions under the Mental
18 Health and Developmental Disabilities Code, filing
19 transcript of commitment proceedings held in
20 another county, and cases under the Juvenile Court
21 Act of 1987........................................ $25
22 (2) Petition for Marriage Licenses........... $10
23 (3) Marriages in Court....................... $10
24 (4) Paternity................................ $40
25 (c) Criminal and Quasi-Criminal.
26 (1) Each person convicted of a felony........ $40
27 (2) Each person convicted of a misdemeanor,
28 leaving scene of an accident, driving while
29 intoxicated, reckless driving or drag racing,
30 driving when license revoked or suspended,
31 overweight, or no interstate commerce certificate,
32 or when the disposition is court supervision....... $25
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1 (3) Each person convicted of a business
2 offense............................................ $25
3 (4) Each person convicted of a petty offense. $25
4 (5) Minor traffic, conservation, or
5 ordinance violation, including
6 without limitation when the disposition is
7 court supervision:
8 (i) For each offense.................... $10
9 (ii) For each notice sent to the
10 defendant's last known address pursuant to
11 subsection (c) of Section 6-306.4 of the Illinois
12 Vehicle Code....................................... $2
13 (iii) For each notice sent to the
14 Secretary of State pursuant to subsection (c) of
15 Section 6-306.4 of the Illinois Vehicle Code....... $2
16 (6) When Court Appearance required........... $15
17 (7) Motions to vacate or amend final orders.. $10
18 (8) In ordinance violation cases punishable
19 by fine only, the clerk of the circuit court shall
20 be entitled to receive, unless the fee is excused
21 upon a finding by the court that the defendant is
22 indigent, in addition to other fees or costs
23 allowed or imposed by law, the sum of $62.50 as a
24 fee for the services of a jury. The jury fee shall
25 be paid by the defendant at the time of filing his
26 or her jury demand. If the fee is not so paid by
27 the defendant, no jury shall be called, and the
28 case shall be tried by the court without a jury.
29 (d) Other Civil Cases.
30 (1) Money or personal property claimed does
31 not exceed $500.................................... $10
32 (2) Exceeds $500 but not more than $10,000... $25
33 (3) Exceeds $10,000, when relief in addition
34 to or supplemental to recovery of money alone is
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1 sought in an action to recover personal property
2 taxes or retailers occupational tax regardless of
3 amount claimed..................................... $45
4 (4) The Clerk of the Circuit Court shall be
5 entitled to receive, in addition to other fees
6 allowed by law, the sum of $62.50, as a fee for the
7 services of a jury in every civil action not
8 quasi-criminal in its nature and not a proceeding
9 for the exercise of the right of eminent domain,
10 and in every equitable action wherein the right of
11 trial by jury is or may be given by law. The jury
12 fee shall be paid by the party demanding a jury at
13 the time of filing his jury demand. If such a fee
14 is not paid by either party, no jury shall be
15 called in the action, suit, or proceeding, and the
16 same shall be tried by the court without a jury.
17 (e) Confession of judgment and answer.
18 (1) When the amount does not exceed $1,000... $20
19 (2) Exceeds $1,000........................... $40
20 (f) Auxiliary Proceedings.
21 Any auxiliary proceeding relating to the
22 collection of a money judgment, including
23 garnishment, citation, or wage deduction action.... $5
24 (g) Forcible entry and detainer.
25 (1) For possession only or possession and
26 rent not in excess of $10,000...................... $10
27 (2) For possession and rent in excess of
28 $10,000............................................ $40
29 (h) Eminent Domain.
30 (1) Exercise of Eminent Domain............... $45
31 (2) For each and every lot or tract of land
32 or right or interest therein subject to be
33 condemned, the damages in respect to which shall
34 require separate assessments by a jury............. $45
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1 (i) Reinstatement.
2 Each case including petition for modification
3 of a judgment or order of Court if filed later than
4 30 days after the entry of a judgment or order,
5 except in forcible entry and detainer cases and
6 small claims and except a petition to modify,
7 terminate, or enforce a judgement or order for
8 child or spousal support or to modify, suspend, or
9 terminate an order for withholding, petition to
10 vacate judgment of dismissal for want of
11 prosecution whenever filed, petition to reopen an
12 estate, or redocketing of any cause................ $20
13 (j) Probate.
14 (1) Administration of decedent's estates,
15 whether testate or intestate, guardianships of the
16 person or estate or both of a person under legal
17 disability, guardianships of the person or estate
18 or both of a minor or minors, or petitions to sell
19 real estate in the administration of any estate.... $50
20 (2) Small estates in cases where the real and
21 personal property of an estate does not exceed
22 $5,000............................................. $25
23 (3) At any time during the administration of
24 the estate, however, at the request of the Clerk,
25 the Court shall examine the record of the estate
26 and the personal representative to determine the
27 total value of the real and personal property of
28 the estate, and if such value exceeds $5,000 shall
29 order the payment of an additional fee in the
30 amount of.......................................... $40
31 (4) Inheritance tax proceedings.............. $15
32 (5) Issuing letters only for a certain
33 specific reason other than the administration of an
34 estate, including but not limited to the release of
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1 mortgage; the issue of letters of guardianship in
2 order that consent to marriage may be granted or
3 for some other specific reason other than for the
4 care of property or person; proof of heirship
5 without administration; or when a will is to be
6 admitted to probate, but the estate is to be
7 settled without administration..................... $10
8 (6) When a separate complaint relating to any
9 matter other than a routine claim is filed in an
10 estate, the required additional fee shall be
11 charged for such filing............................ $45
12 (k) Change of Venue.
13 From a court, the charge is the same amount as
14 the original filing fee; however, the fee for
15 preparation and certification of record on change
16 of venue, when original documents or copies are
17 forwarded.......................................... $10
18 (l) Answer, adverse pleading, or appearance.
19 In civil cases................................ $15
20 With the following exceptions:
21 (1) When the amount does not exceed $500..... $5
22 (2) When amount exceeds $500 but not $10,000. $10
23 (3) When amount exceeds $10,000.............. $15
24 (4) Court appeals when documents are
25 forwarded, over 200 pages, additional fee per page
26 over 200........................................... 10¢
27 (m) Tax objection complaints.
28 For each tax objection complaint containing
29 one or more tax objections, regardless of the
30 number of parcels involved or the number of
31 taxpayers joining the complaint.................... $10
32 (n) Tax deed.
33 (1) Petition for tax deed, if only one parcel
34 is involved........................................ $45
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1 (2) For each additional parcel involved, an
2 additional fee of.................................. $10
3 (o) Mailing Notices and Processes.
4 (1) All notices that the clerk is required to
5 mail as first class mail........................... $2
6 (2) For all processes or notices the Clerk is
7 required to mail by certified or registered mail,
8 the fee will be $2 plus cost of postage.
9 (p) Certification or Authentication.
10 (1) Each certification or authentication for
11 taking the acknowledgement of a deed or other
12 instrument in writing with seal of office.......... $2
13 (2) Court appeals when original documents are
14 forwarded, 100 pages or under, plus delivery costs. $25
15 (3) Court appeals when original documents are
16 forwarded, over 100 pages, plus delivery costs..... $60
17 (4) Court appeals when original documents are
18 forwarded, over 200 pages, additional fee per page
19 over 200........................................... 10¢
20 (q) Reproductions.
21 Each record of proceedings and judgment,
22 whether on appeal, change of venue, certified
23 copies of orders and judgments, and all other
24 instruments, documents, records, or papers:
25 (1) First page.......................... $1
26 (2) Next 19 pages, per page............. 50¢
27 (3) All remaining pages, per page....... 25¢
28 (r) Counterclaim.
29 When any defendant files a counterclaim as
30 part of his or her answer or otherwise, or joins
31 another party as a third party defendant, or both,
32 he or she shall pay a fee for each such
33 counterclaim or third party action in an amount
34 equal to the fee he or she would have had to pay
-24- LRB9200711DJmgA
1 had he or she brought a separate action for the
2 relief sought in the counterclaim or against the
3 third party defendant, less the amount of the
4 appearance fee, if that has been paid.
5 (s) Transcript of Judgment.
6 From a court, the same fee as if case
7 originally filed.
8 (t) Publications.
9 The cost of publication shall be paid directly
10 to the publisher by the person seeking the
11 publication, whether the clerk is required by law
12 to publish, or the parties to the action.
13 (u) Collections.
14 (1) For all collections made for others,
15 except the State and County and except in
16 maintenance or child support cases, a sum equal to
17 2% of the amount collected and turned over.
18 (2) In any cases remanded to the Circuit
19 Court from the Supreme Court or the Appellate
20 Court, the Clerk shall file the remanding order and
21 reinstate the case with either its original number
22 or a new number. The Clerk shall not charge any
23 new or additional fee for the reinstatement. Upon
24 reinstatement the Clerk shall advise the parties of
25 the reinstatement. A party shall have the same
26 right to a jury trial on remand and reinstatement
27 as he or she had before the appeal, and no
28 additional or new fee or charge shall be made for a
29 jury trial after remand.
30 (3) In maintenance and child support matters,
31 the Clerk may deduct from each payment an amount
32 equal to the United States postage to be used in
33 mailing the maintenance or child support check to
34 the recipient. Before July 1, 2002, in such cases,
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1 the Clerk shall collect an annual fee of up to $36
2 from the person making such payment for maintaining
3 child support records and the processing of support
4 orders to the State of Illinois KIDS system and the
5 recording of payments issued by the State
6 Disbursement Unit for the official record of the
7 Court. Such sum shall be in addition to and
8 separate from amounts ordered to be paid as
9 maintenance or child support and shall be deposited
10 in a separate Maintenance and Child Support
11 Collection Fund of which the Clerk shall be the
12 custodian, ex officio, to be used by the Clerk to
13 maintain child support orders and record all
14 payments issued by the State Disbursement Unit for
15 the official record of the Court. Unless paid in
16 cash or pursuant to an order for withholding, the
17 payment of the fee shall be by a separate
18 instrument from the support payment and shall be
19 made to the order of the Clerk. The Clerk may
20 recover from the person making the maintenance or
21 child support payment any additional cost incurred
22 in the collection of this annual fee. If on July
23 1, 2003 there is any remaining balance in the
24 Maintenance and Child Support Collection Fund that
25 is derived from fees paid under this subdivision
26 (u)(3), the Clerk shall promptly transmit that
27 balance to the State Disbursement Unit established
28 under Section 10-26 of the Illinois Public Aid
29 Code.
30 (4) Interest earned on any funds held by the
31 clerk shall be turned over to the county general
32 fund as an earning of the office.
33 The Clerk shall also be entitled to a fee of
34 $5 for certifications made to the Secretary of
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1 State as provided in Section 7-703 of the Family
2 Financial Responsibility Law and these fees, if
3 collected before July 1, 2002, shall also be
4 deposited into the separate Maintenance and Child
5 Support Collection Fund. Fees collected under this
6 subdivision (u)(4) after June 30, 2002 shall be
7 deposited into a separate Family Financial
8 Responsibility Certification Fund, of which the
9 Clerk shall be the custodian, ex officio, to be
10 used by the Clerk to offset the costs associated
11 with making the certifications.
12 (v) Correction of Cases.
13 For correcting the case number or case title
14 on any document filed in his office, to be charged
15 against the party that filed the document.......... $10
16 (w) Record Search.
17 For searching a record, per year searched..... $4
18 (x) Printed Output.
19 For each page of hard copy print output, when
20 case records are maintained on an automated medium. $2
21 (y) Alias Summons.
22 For each alias summons issued................. $2
23 (z) Expungement of Records.
24 For each expungement petition filed........... $15
25 (aa) Other Fees.
26 Any fees not covered by this Section shall be set by
27 rule or administrative order of the Circuit Court, with
28 the approval of the Supreme Court.
29 (bb) Exemptions.
30 No fee provided for herein shall be charged to any
31 unit of State or local government or school district
32 unless the Court orders another party to pay such fee on
33 its behalf. The fee requirements of this Section shall
34 not apply to police departments or other law enforcement
-27- LRB9200711DJmgA
1 agencies. In this Section, "law enforcement agency"
2 means an agency of the State or a unit of local
3 government that is vested by law or ordinance with the
4 duty to maintain public order and to enforce criminal
5 laws and ordinances. The fee requirements of this Section
6 shall not apply to any action instituted under subsection
7 (b) of Section 11-31-1 of the Illinois Municipal Code by
8 a private owner or tenant of real property within 1200
9 feet of a dangerous or unsafe building seeking an order
10 compelling the owner or owners of the building to take
11 any of the actions authorized under that subsection.
12 (cc) Adoptions.
13 (1) For an adoption.............................$65
14 (2) Upon good cause shown, the court may waive the
15 adoption filing fee in a special needs adoption. The
16 term "special needs adoption" shall have the meaning
17 ascribed to it by the Illinois Department of Children and
18 Family Services.
19 (dd) Adoption exemptions.
20 No fee other than that set forth in subsection (cc)
21 shall be charged to any person in connection with an
22 adoption proceeding.
23 (ee) Additional Services.
24 Beginning July 1, 1993, the clerk of the circuit
25 court may provide such additional services for which
26 there is no fee specified by statute in connection with
27 the operation of the clerk's office as may be requested
28 by the public and agreed to by the public and by the
29 clerk and approved by the chief judge of the circuit
30 court. Any charges for additional services shall be as
31 agreed to between the clerk and the party making the
32 request and approved by the chief judge of the circuit
33 court. Nothing in this subsection shall be construed to
34 require any clerk to provide any service not otherwise
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1 required by law.
2 (Source: P.A. 90-466, eff. 8-17-97; 90-796, eff. 12-15-98;
3 91-165, eff. 7-16-99; 91-321, eff. 1-1-00; 91-357, eff.
4 7-29-99; 91-612, eff. 10-1-99; revised 10-26-99.)
5 (705 ILCS 105/27.1a) (from Ch. 25, par. 27.1a)
6 Sec. 27.1a. The fees of the clerks of the circuit court
7 in all counties having a population in excess of 180,000 but
8 not more than 650,000 inhabitants in the instances described
9 in this Section shall be as provided in this Section. The
10 fees shall be paid in advance and shall be as follows:
11 (a) Civil Cases.
12 The fee for filing a complaint, petition, or other
13 pleading initiating a civil action, with the following
14 exceptions, shall be $150.
15 (A) When the amount of money or damages or the
16 value of personal property claimed does not exceed
17 $250, $10.
18 (B) When that amount exceeds $250 but does not
19 exceed $500, $20.
20 (C) When that amount exceeds $500 but does not
21 exceed $2500, $30.
22 (D) When that amount exceeds $2500 but does
23 not exceed $15,000, $75.
24 (E) For the exercise of eminent domain, $150.
25 For each additional lot or tract of land or right or
26 interest therein subject to be condemned, the
27 damages in respect to which shall require separate
28 assessment by a jury, $150.
29 (a-1) Family.
30 For filing a petition under the Juvenile Court Act
31 of 1987, $25.
32 For filing a petition for a marriage license, $10.
33 For performing a marriage in court, $10.
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1 For filing a petition under the Illinois Parentage
2 Act of 1984, $40.
3 (b) Forcible Entry and Detainer.
4 In each forcible entry and detainer case when the
5 plaintiff seeks possession only or unites with his or her
6 claim for possession of the property a claim for rent or
7 damages or both in the amount of $15,000 or less, $40.
8 When the plaintiff unites his or her claim for possession
9 with a claim for rent or damages or both exceeding
10 $15,000, $150.
11 (c) Counterclaim or Joining Third Party Defendant.
12 When any defendant files a counterclaim as part of
13 his or her answer or otherwise or joins another party as
14 a third party defendant, or both, the defendant shall pay
15 a fee for each counterclaim or third party action in an
16 amount equal to the fee he or she would have had to pay
17 had he or she brought a separate action for the relief
18 sought in the counterclaim or against the third party
19 defendant, less the amount of the appearance fee, if that
20 has been paid.
21 (d) Confession of Judgment.
22 In a confession of judgment when the amount does not
23 exceed $1500, $50. When the amount exceeds $1500, but
24 does not exceed $15,000, $115. When the amount exceeds
25 $15,000, $200.
26 (e) Appearance.
27 The fee for filing an appearance in each civil case
28 shall be $50, except as follows:
29 (A) When the plaintiff in a forcible entry and
30 detainer case seeks possession only, $20.
31 (B) When the amount in the case does not
32 exceed $1500, $20.
33 (C) When that amount exceeds $1500 but does
34 not exceed $15,000, $40.
-30- LRB9200711DJmgA
1 (f) Garnishment, Wage Deduction, and Citation.
2 In garnishment affidavit, wage deduction affidavit,
3 and citation petition when the amount does not exceed
4 $1,000, $10; when the amount exceeds $1,000 but does not
5 exceed $5,000, $20; and when the amount exceeds $5,000,
6 $30.
7 (g) Petition to Vacate or Modify.
8 (1) Petition to vacate or modify any final judgment
9 or order of court, except in forcible entry and detainer
10 cases and small claims cases or a petition to reopen an
11 estate, to modify, terminate, or enforce a judgment or
12 order for child or spousal support, or to modify,
13 suspend, or terminate an order for withholding, if filed
14 before 30 days after the entry of the judgment or order,
15 $40.
16 (2) Petition to vacate or modify any final judgment
17 or order of court, except a petition to modify,
18 terminate, or enforce a judgment or order for child or
19 spousal support or to modify, suspend, or terminate an
20 order for withholding, if filed later than 30 days after
21 the entry of the judgment or order, $60.
22 (3) Petition to vacate order of bond forfeiture,
23 $20.
24 (h) Mailing.
25 When the clerk is required to mail, the fee will be
26 $6, plus the cost of postage.
27 (i) Certified Copies.
28 Each certified copy of a judgment after the first,
29 except in small claims and forcible entry and detainer
30 cases, $10.
31 (j) Habeas Corpus.
32 For filing a petition for relief by habeas corpus,
33 $80.
34 (k) Certification, Authentication, and Reproduction.
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1 (1) Each certification or authentication for taking
2 the acknowledgment of a deed or other instrument in
3 writing with the seal of office, $4.
4 (2) Court appeals when original documents are
5 forwarded, under 100 pages, plus delivery and costs, $50.
6 (3) Court appeals when original documents are
7 forwarded, over 100 pages, plus delivery and costs, $120.
8 (4) Court appeals when original documents are
9 forwarded, over 200 pages, an additional fee of 20 cents
10 per page.
11 (5) For reproduction of any document contained in
12 the clerk's files:
13 (A) First page, $2.
14 (B) Next 19 pages, 50 cents per page.
15 (C) All remaining pages, 25 cents per page.
16 (l) Remands.
17 In any cases remanded to the Circuit Court from the
18 Supreme Court or the Appellate Court for a new trial, the
19 clerk shall file the remanding order and reinstate the
20 case with either its original number or a new number. The
21 Clerk shall not charge any new or additional fee for the
22 reinstatement. Upon reinstatement the Clerk shall advise
23 the parties of the reinstatement. A party shall have the
24 same right to a jury trial on remand and reinstatement as
25 he or she had before the appeal, and no additional or new
26 fee or charge shall be made for a jury trial after
27 remand.
28 (m) Record Search.
29 For each record search, within a division or
30 municipal district, the clerk shall be entitled to a
31 search fee of $4 for each year searched.
32 (n) Hard Copy.
33 For each page of hard copy print output, when case
34 records are maintained on an automated medium, the clerk
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1 shall be entitled to a fee of $4.
2 (o) Index Inquiry and Other Records.
3 No fee shall be charged for a single
4 plaintiff/defendant index inquiry or single case record
5 inquiry when this request is made in person and the
6 records are maintained in a current automated medium, and
7 when no hard copy print output is requested. The fees to
8 be charged for management records, multiple case records,
9 and multiple journal records may be specified by the
10 Chief Judge pursuant to the guidelines for access and
11 dissemination of information approved by the Supreme
12 Court.
13 (p) Commitment Petitions.
14 For filing commitment petitions under the Mental
15 Health and Developmental Disabilities Code and for filing
16 a transcript of commitment proceedings held in another
17 county, $25.
18 (q) Alias Summons.
19 For each alias summons or citation issued by the
20 clerk, $4.
21 (r) Other Fees.
22 Any fees not covered in this Section shall be set by
23 rule or administrative order of the Circuit Court with
24 the approval of the Administrative Office of the Illinois
25 Courts.
26 The clerk of the circuit court may provide
27 additional services for which there is no fee specified
28 by statute in connection with the operation of the
29 clerk's office as may be requested by the public and
30 agreed to by the clerk and approved by the chief judge of
31 the circuit court. Any charges for additional services
32 shall be as agreed to between the clerk and the party
33 making the request and approved by the chief judge of the
34 circuit court. Nothing in this subsection shall be
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1 construed to require any clerk to provide any service not
2 otherwise required by law.
3 (s) Jury Services.
4 The clerk shall be entitled to receive, in addition
5 to other fees allowed by law, the sum of $192.50, as a
6 fee for the services of a jury in every civil action not
7 quasi-criminal in its nature and not a proceeding for the
8 exercise of the right of eminent domain and in every
9 other action wherein the right of trial by jury is or may
10 be given by law. The jury fee shall be paid by the party
11 demanding a jury at the time of filing the jury demand.
12 If the fee is not paid by either party, no jury shall be
13 called in the action or proceeding, and the same shall be
14 tried by the court without a jury.
15 (t) Voluntary Assignment.
16 For filing each deed of voluntary assignment, $10;
17 for recording the same, 25¢ for each 100 words.
18 Exceptions filed to claims presented to an assignee of a
19 debtor who has made a voluntary assignment for the
20 benefit of creditors shall be considered and treated, for
21 the purpose of taxing costs therein, as actions in which
22 the party or parties filing the exceptions shall be
23 considered as party or parties plaintiff, and the
24 claimant or claimants as party or parties defendant, and
25 those parties respectively shall pay to the clerk the
26 same fees as provided by this Section to be paid in other
27 actions.
28 (u) Expungement Petition.
29 The clerk shall be entitled to receive a fee of $30
30 for each expungement petition filed and an additional fee
31 of $2 for each certified copy of an order to expunge
32 arrest records.
33 (v) Probate.
34 The clerk is entitled to receive the fees specified in
-34- LRB9200711DJmgA
1 this subsection (v), which shall be paid in advance, except
2 that, for good cause shown, the court may suspend, reduce, or
3 release the costs payable under this subsection:
4 (1) For administration of the estate of a decedent
5 (whether testate or intestate) or of a missing person,
6 $100, plus the fees specified in subsection (v)(3),
7 except:
8 (A) When the value of the real and personal
9 property does not exceed $15,000, the fee shall be
10 $25.
11 (B) When (i) proof of heirship alone is made,
12 (ii) a domestic or foreign will is admitted to
13 probate without administration (including proof of
14 heirship), or (iii) letters of office are issued for
15 a particular purpose without administration of the
16 estate, the fee shall be $25.
17 (2) For administration of the estate of a ward,
18 $50, plus the fees specified in subsection (v)(3),
19 except:
20 (A) When the value of the real and personal
21 property does not exceed $15,000, the fee shall be
22 $25.
23 (B) When (i) letters of office are issued to a
24 guardian of the person or persons, but not of the
25 estate or (ii) letters of office are issued in the
26 estate of a ward without administration of the
27 estate, including filing or joining in the filing of
28 a tax return or releasing a mortgage or consenting
29 to the marriage of the ward, the fee shall be $10.
30 (3) In addition to the fees payable under
31 subsection (v)(1) or (v)(2) of this Section, the
32 following fees are payable:
33 (A) For each account (other than one final
34 account) filed in the estate of a decedent, or ward,
-35- LRB9200711DJmgA
1 $15.
2 (B) For filing a claim in an estate when the
3 amount claimed is $150 or more but less than $500,
4 $10; when the amount claimed is $500 or more but
5 less than $10,000, $25; when the amount claimed is
6 $10,000 or more, $40; provided that the court in
7 allowing a claim may add to the amount allowed the
8 filing fee paid by the claimant.
9 (C) For filing in an estate a claim, petition,
10 or supplemental proceeding based upon an action
11 seeking equitable relief including the construction
12 or contest of a will, enforcement of a contract to
13 make a will, and proceedings involving testamentary
14 trusts or the appointment of testamentary trustees,
15 $40.
16 (D) For filing in an estate (i) the appearance
17 of any person for the purpose of consent or (ii) the
18 appearance of an executor, administrator,
19 administrator to collect, guardian, guardian ad
20 litem, or special administrator, no fee.
21 (E) Except as provided in subsection
22 (v)(3)(D), for filing the appearance of any person
23 or persons, $10.
24 (F) For each jury demand, $102.50.
25 (G) For disposition of the collection of a
26 judgment or settlement of an action or claim for
27 wrongful death of a decedent or of any cause of
28 action of a ward, when there is no other
29 administration of the estate, $30, less any amount
30 paid under subsection (v)(1)(B) or (v)(2)(B) except
31 that if the amount involved does not exceed $5,000,
32 the fee, including any amount paid under subsection
33 (v)(1)(B) or (v)(2)(B), shall be $10.
34 (H) For each certified copy of letters of
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1 office, of court order or other certification, $1,
2 plus 50¢ per page in excess of 3 pages for the
3 document certified.
4 (I) For each exemplification, $1, plus the fee
5 for certification.
6 (4) The executor, administrator, guardian,
7 petitioner, or other interested person or his or her
8 attorney shall pay the cost of publication by the clerk
9 directly to the newspaper.
10 (5) The person on whose behalf a charge is incurred
11 for witness, court reporter, appraiser, or other
12 miscellaneous fee shall pay the same directly to the
13 person entitled thereto.
14 (6) The executor, administrator, guardian,
15 petitioner, or other interested person or his or her
16 attorney shall pay to the clerk all postage charges
17 incurred by the clerk in mailing petitions, orders,
18 notices, or other documents pursuant to the provisions of
19 the Probate Act of 1975.
20 (w) Criminal and Quasi-Criminal Costs and Fees.
21 (1) The clerk shall be entitled to costs in all
22 criminal and quasi-criminal cases from each person
23 convicted or sentenced to supervision therein as follows:
24 (A) Felony complaints, $80.
25 (B) Misdemeanor complaints, $50.
26 (C) Business offense complaints, $50.
27 (D) Petty offense complaints, $50.
28 (E) Minor traffic or ordinance violations,
29 $20.
30 (F) When court appearance required, $30.
31 (G) Motions to vacate or amend final orders,
32 $20.
33 (H) Motions to vacate bond forfeiture orders,
34 $20.
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1 (I) Motions to vacate ex parte judgments,
2 whenever filed, $20.
3 (J) Motions to vacate judgment on forfeitures,
4 whenever filed, $20.
5 (K) Motions to vacate "failure to appear" or
6 "failure to comply" notices sent to the Secretary of
7 State, $20.
8 (2) In counties having a population in excess of
9 180,000 but not more than 650,000 inhabitants, when the
10 violation complaint is issued by a municipal police
11 department, the clerk shall be entitled to costs from
12 each person convicted therein as follows:
13 (A) Minor traffic or ordinance violations,
14 $10.
15 (B) When court appearance required, $15.
16 (3) In ordinance violation cases punishable by fine
17 only, the clerk of the circuit court shall be entitled to
18 receive, unless the fee is excused upon a finding by the
19 court that the defendant is indigent, in addition to
20 other fees or costs allowed or imposed by law, the sum of
21 $62.50 as a fee for the services of a jury. The jury fee
22 shall be paid by the defendant at the time of filing his
23 or her jury demand. If the fee is not so paid by the
24 defendant, no jury shall be called, and the case shall be
25 tried by the court without a jury.
26 (x) Transcripts of Judgment.
27 For the filing of a transcript of judgment, the
28 clerk shall be entitled to the same fee as if it were the
29 commencement of a new suit.
30 (y) Change of Venue.
31 (1) For the filing of a change of case on a change
32 of venue, the clerk shall be entitled to the same fee as
33 if it were the commencement of a new suit.
34 (2) The fee for the preparation and certification
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1 of a record on a change of venue to another jurisdiction,
2 when original documents are forwarded, $25.
3 (z) Tax objection complaints.
4 For each tax objection complaint containing one or
5 more tax objections, regardless of the number of parcels
6 involved or the number of taxpayers joining on the
7 complaint, $25.
8 (aa) Tax Deeds.
9 (1) Petition for tax deed, if only one parcel is
10 involved, $150.
11 (2) For each additional parcel, add a fee of $50.
12 (bb) Collections.
13 (1) For all collections made of others, except the
14 State and county and except in maintenance or child
15 support cases, a sum equal to 2.5% of the amount
16 collected and turned over.
17 (2) Interest earned on any funds held by the clerk
18 shall be turned over to the county general fund as an
19 earning of the office.
20 (3) For any check, draft, or other bank instrument
21 returned to the clerk for non-sufficient funds, account
22 closed, or payment stopped, $25.
23 (4) Before July 1, 2002, in child support and
24 maintenance cases, the clerk, if authorized by an
25 ordinance of the county board, may collect an annual fee
26 of up to $36 from the person making payment for
27 maintaining child support records and the processing of
28 support orders to the State of Illinois KIDS system and
29 the recording of payments issued by the State
30 Disbursement Unit for the official record of the Court.
31 This fee shall be in addition to and separate from
32 amounts ordered to be paid as maintenance or child
33 support and shall be deposited into a Separate
34 Maintenance and Child Support Collection Fund, of which
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1 the clerk shall be the custodian, ex-officio, to be used
2 by the clerk to maintain child support orders and record
3 all payments issued by the State Disbursement Unit for
4 the official record of the Court. The clerk may recover
5 from the person making the maintenance or child support
6 payment any additional cost incurred in the collection
7 of this annual fee. If on July 1, 2003 there is any
8 remaining balance in the Maintenance and Child Support
9 Collection Fund that is derived from fees paid under this
10 subdivision (bb)(4), the Clerk shall promptly transmit
11 that balance to the State Disbursement Unit established
12 under Section 10-26 of the Illinois Public Aid Code.
13 The clerk shall also be entitled to a fee of $5 for
14 certifications made to the Secretary of State as provided
15 in Section 7-703 of the Family Financial Responsibility
16 Law and these fees, if collected before July 1, 2002,
17 shall also be deposited into the separate Maintenance and
18 Child Support Collection Fund. Fees collected under this
19 subdivision (bb)(4) after June 30, 2002 shall be
20 deposited into a separate Family Financial
21 Responsibility Certification Fund, of which the Clerk
22 shall be the custodian, ex officio, to be used by the
23 Clerk to offset the costs associated with making the
24 certifications.
25 (cc) Corrections of Numbers.
26 For correction of the case number, case title, or
27 attorney computer identification number, if required by
28 rule of court, on any document filed in the clerk's
29 office, to be charged against the party that filed the
30 document, $15.
31 (dd) Exceptions.
32 (1) The fee requirements of this Section shall not
33 apply to police departments or other law enforcement
34 agencies. In this Section, "law enforcement agency"
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1 means an agency of the State or a unit of local
2 government which is vested by law or ordinance with the
3 duty to maintain public order and to enforce criminal
4 laws or ordinances. "Law enforcement agency" also means
5 the Attorney General or any state's attorney.
6 (2) No fee provided herein shall be charged to any
7 unit of local government or school district.
8 (3) The fee requirements of this Section shall not
9 apply to any action instituted under subsection (b) of
10 Section 11-31-1 of the Illinois Municipal Code by a
11 private owner or tenant of real property within 1200 feet
12 of a dangerous or unsafe building seeking an order
13 compelling the owner or owners of the building to take
14 any of the actions authorized under that subsection.
15 (ee) Adoptions.
16 (1) For an adoption.............................$65
17 (2) Upon good cause shown, the court may waive the
18 adoption filing fee in a special needs adoption. The
19 term "special needs adoption" shall have the meaning
20 ascribed to it by the Illinois Department of Children and
21 Family Services.
22 (ff) Adoption exemptions.
23 No fee other than that set forth in subsection (ee)
24 shall be charged to any person in connection with an
25 adoption proceeding.
26 (Source: P.A. 90-466, eff. 8-17-97; 90-796, eff. 12-15-98;
27 91-321, eff. 1-1-00; 91-612, eff. 10-1-99; revised 10-15-99.)
28 (705 ILCS 105/27.2) (from Ch. 25, par. 27.2)
29 Sec. 27.2. The fees of the clerks of the circuit court
30 in all counties having a population in excess of 650,000
31 inhabitants but less than 3,000,000 inhabitants in the
32 instances described in this Section shall be as provided in
33 this Section. In addition, the fees provided in this Section
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1 shall apply to all units of local government and school
2 districts in counties with more than 3,000,000 inhabitants.
3 The fees shall be paid in advance and shall be as follows:
4 (a) Civil Cases.
5 The fee for filing a complaint, petition, or other
6 pleading initiating a civil action, with the following
7 exceptions, shall be $150.
8 (A) When the amount of money or damages or the
9 value of personal property claimed does not exceed
10 $250, $10.
11 (B) When that amount exceeds $250 but does not
12 exceed $500, $20.
13 (C) When that amount exceeds $500 but does not
14 exceed $2500, $30.
15 (D) When that amount exceeds $2500 but does
16 not exceed $15,000, $75.
17 (E) For the exercise of eminent domain, $150.
18 For each additional lot or tract of land or right or
19 interest therein subject to be condemned, the
20 damages in respect to which shall require separate
21 assessment by a jury, $150.
22 (b) Forcible Entry and Detainer.
23 In each forcible entry and detainer case when the
24 plaintiff seeks possession only or unites with his or her
25 claim for possession of the property a claim for rent or
26 damages or both in the amount of $15,000 or less, $40.
27 When the plaintiff unites his or her claim for possession
28 with a claim for rent or damages or both exceeding
29 $15,000, $150.
30 (c) Counterclaim or Joining Third Party Defendant.
31 When any defendant files a counterclaim as part of
32 his or her answer or otherwise or joins another party as
33 a third party defendant, or both, the defendant shall pay
34 a fee for each counterclaim or third party action in an
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1 amount equal to the fee he or she would have had to pay
2 had he or she brought a separate action for the relief
3 sought in the counterclaim or against the third party
4 defendant, less the amount of the appearance fee, if that
5 has been paid.
6 (d) Confession of Judgment.
7 In a confession of judgment when the amount does not
8 exceed $1500, $50. When the amount exceeds $1500, but
9 does not exceed $15,000, $115. When the amount exceeds
10 $15,000, $200.
11 (e) Appearance.
12 The fee for filing an appearance in each civil case
13 shall be $50, except as follows:
14 (A) When the plaintiff in a forcible entry and
15 detainer case seeks possession only; $20.
16 (B) When the amount in the case does not
17 exceed $1500, $20.
18 (C) When that amount exceeds $1500 but does
19 not exceed $15,000, $40.
20 (f) Garnishment, Wage Deduction, and Citation.
21 In garnishment affidavit, wage deduction affidavit,
22 and citation petition when the amount does not exceed
23 $1,000, $10; when the amount exceeds $1,000 but does not
24 exceed $5,000, $20; and when the amount exceeds $5,000,
25 $30.
26 (g) Petition to Vacate or Modify.
27 (1) Petition to vacate or modify any final judgment
28 or order of court, except in forcible entry and detainer
29 cases and small claims cases or a petition to reopen an
30 estate, to modify, terminate, or enforce a judgment or
31 order for child or spousal support, or to modify,
32 suspend, or terminate an order for withholding, if filed
33 before 30 days after the entry of the judgment or order,
34 $40.
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1 (2) Petition to vacate or modify any final judgment
2 or order of court, except a petition to modify,
3 terminate, or enforce a judgment or order for child or
4 spousal support or to modify, suspend, or terminate an
5 order for withholding, if filed later than 30 days after
6 the entry of the judgment or order, $60.
7 (3) Petition to vacate order of bond forfeiture,
8 $20.
9 (h) Mailing.
10 When the clerk is required to mail, the fee will be
11 $6, plus the cost of postage.
12 (i) Certified Copies.
13 Each certified copy of a judgment after the first,
14 except in small claims and forcible entry and detainer
15 cases, $10.
16 (j) Habeas Corpus.
17 For filing a petition for relief by habeas corpus,
18 $80.
19 (k) Certification, Authentication, and Reproduction.
20 (1) Each certification or authentication for taking
21 the acknowledgment of a deed or other instrument in
22 writing with the seal of office, $4.
23 (2) Court appeals when original documents are
24 forwarded, under 100 pages, plus delivery and costs, $50.
25 (3) Court appeals when original documents are
26 forwarded, over 100 pages, plus delivery and costs, $120.
27 (4) Court appeals when original documents are
28 forwarded, over 200 pages, an additional fee of 20 cents
29 per page.
30 (5) For reproduction of any document contained in
31 the clerk's files:
32 (A) First page, $2.
33 (B) Next 19 pages, 50 cents per page.
34 (C) All remaining pages, 25 cents per page.
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1 (l) Remands.
2 In any cases remanded to the Circuit Court from the
3 Supreme Court or the Appellate Court for a new trial, the
4 clerk shall file the remanding order and reinstate the
5 case with either its original number or a new number.
6 The Clerk shall not charge any new or additional fee for
7 the reinstatement. Upon reinstatement the Clerk shall
8 advise the parties of the reinstatement. A party shall
9 have the same right to a jury trial on remand and
10 reinstatement as he or she had before the appeal, and no
11 additional or new fee or charge shall be made for a jury
12 trial after remand.
13 (m) Record Search.
14 For each record search, within a division or
15 municipal district, the clerk shall be entitled to a
16 search fee of $4 for each year searched.
17 (n) Hard Copy.
18 For each page of hard copy print output, when case
19 records are maintained on an automated medium, the clerk
20 shall be entitled to a fee of $4.
21 (o) Index Inquiry and Other Records.
22 No fee shall be charged for a single
23 plaintiff/defendant index inquiry or single case record
24 inquiry when this request is made in person and the
25 records are maintained in a current automated medium, and
26 when no hard copy print output is requested. The fees to
27 be charged for management records, multiple case records,
28 and multiple journal records may be specified by the
29 Chief Judge pursuant to the guidelines for access and
30 dissemination of information approved by the Supreme
31 Court.
32 (p) Commitment Petitions.
33 For filing commitment petitions under the Mental
34 Health and Developmental Disabilities Code, $25.
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1 (q) Alias Summons.
2 For each alias summons or citation issued by the
3 clerk, $4.
4 (r) Other Fees.
5 Any fees not covered in this Section shall be set by
6 rule or administrative order of the Circuit Court with
7 the approval of the Administrative Office of the Illinois
8 Courts.
9 The clerk of the circuit court may provide
10 additional services for which there is no fee specified
11 by statute in connection with the operation of the
12 clerk's office as may be requested by the public and
13 agreed to by the clerk and approved by the chief judge of
14 the circuit court. Any charges for additional services
15 shall be as agreed to between the clerk and the party
16 making the request and approved by the chief judge of the
17 circuit court. Nothing in this subsection shall be
18 construed to require any clerk to provide any service not
19 otherwise required by law.
20 (s) Jury Services.
21 The clerk shall be entitled to receive, in addition
22 to other fees allowed by law, the sum of $192.50, as a
23 fee for the services of a jury in every civil action not
24 quasi-criminal in its nature and not a proceeding for the
25 exercise of the right of eminent domain and in every
26 other action wherein the right of trial by jury is or may
27 be given by law. The jury fee shall be paid by the party
28 demanding a jury at the time of filing the jury demand.
29 If the fee is not paid by either party, no jury shall be
30 called in the action or proceeding, and the same shall be
31 tried by the court without a jury.
32 (t) Voluntary Assignment.
33 For filing each deed of voluntary assignment, $10;
34 for recording the same, 25¢ for each 100 words.
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1 Exceptions filed to claims presented to an assignee of a
2 debtor who has made a voluntary assignment for the
3 benefit of creditors shall be considered and treated, for
4 the purpose of taxing costs therein, as actions in which
5 the party or parties filing the exceptions shall be
6 considered as party or parties plaintiff, and the
7 claimant or claimants as party or parties defendant, and
8 those parties respectively shall pay to the clerk the
9 same fees as provided by this Section to be paid in other
10 actions.
11 (u) Expungement Petition.
12 The clerk shall be entitled to receive a fee of $30
13 for each expungement petition filed and an additional fee
14 of $2 for each certified copy of an order to expunge
15 arrest records.
16 (v) Probate.
17 The clerk is entitled to receive the fees specified in
18 this subsection (v), which shall be paid in advance, except
19 that, for good cause shown, the court may suspend, reduce, or
20 release the costs payable under this subsection:
21 (1) For administration of the estate of a decedent
22 (whether testate or intestate) or of a missing person,
23 $100, plus the fees specified in subsection (v)(3),
24 except:
25 (A) When the value of the real and personal
26 property does not exceed $15,000, the fee shall be
27 $25.
28 (B) When (i) proof of heirship alone is made,
29 (ii) a domestic or foreign will is admitted to
30 probate without administration (including proof of
31 heirship), or (iii) letters of office are issued for
32 a particular purpose without administration of the
33 estate, the fee shall be $25.
34 (2) For administration of the estate of a ward,
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1 $50, plus the fees specified in subsection (v)(3),
2 except:
3 (A) When the value of the real and personal
4 property does not exceed $15,000, the fee shall be
5 $25.
6 (B) When (i) letters of office are issued to a
7 guardian of the person or persons, but not of the
8 estate or (ii) letters of office are issued in the
9 estate of a ward without administration of the
10 estate, including filing or joining in the filing of
11 a tax return or releasing a mortgage or consenting
12 to the marriage of the ward, the fee shall be $10.
13 (3) In addition to the fees payable under
14 subsection (v)(1) or (v)(2) of this Section, the
15 following fees are payable:
16 (A) For each account (other than one final
17 account) filed in the estate of a decedent, or ward,
18 $15.
19 (B) For filing a claim in an estate when the
20 amount claimed is $150 or more but less than $500,
21 $10; when the amount claimed is $500 or more but
22 less than $10,000, $25; when the amount claimed is
23 $10,000 or more, $40; provided that the court in
24 allowing a claim may add to the amount allowed the
25 filing fee paid by the claimant.
26 (C) For filing in an estate a claim, petition,
27 or supplemental proceeding based upon an action
28 seeking equitable relief including the construction
29 or contest of a will, enforcement of a contract to
30 make a will, and proceedings involving testamentary
31 trusts or the appointment of testamentary trustees,
32 $40.
33 (D) For filing in an estate (i) the appearance
34 of any person for the purpose of consent or (ii) the
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1 appearance of an executor, administrator,
2 administrator to collect, guardian, guardian ad
3 litem, or special administrator, no fee.
4 (E) Except as provided in subsection
5 (v)(3)(D), for filing the appearance of any person
6 or persons, $10.
7 (F) For each jury demand, $102.50.
8 (G) For disposition of the collection of a
9 judgment or settlement of an action or claim for
10 wrongful death of a decedent or of any cause of
11 action of a ward, when there is no other
12 administration of the estate, $30, less any amount
13 paid under subsection (v)(1)(B) or (v)(2)(B) except
14 that if the amount involved does not exceed $5,000,
15 the fee, including any amount paid under subsection
16 (v)(1)(B) or (v)(2)(B), shall be $10.
17 (H) For each certified copy of letters of
18 office, of court order or other certification, $1,
19 plus 50¢ per page in excess of 3 pages for the
20 document certified.
21 (I) For each exemplification, $1, plus the fee
22 for certification.
23 (4) The executor, administrator, guardian,
24 petitioner, or other interested person or his or her
25 attorney shall pay the cost of publication by the clerk
26 directly to the newspaper.
27 (5) The person on whose behalf a charge is incurred
28 for witness, court reporter, appraiser, or other
29 miscellaneous fee shall pay the same directly to the
30 person entitled thereto.
31 (6) The executor, administrator, guardian,
32 petitioner, or other interested person or his attorney
33 shall pay to the clerk all postage charges incurred by
34 the clerk in mailing petitions, orders, notices, or other
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1 documents pursuant to the provisions of the Probate Act
2 of 1975.
3 (w) Criminal and Quasi-Criminal Costs and Fees.
4 (1) The clerk shall be entitled to costs in all
5 criminal and quasi-criminal cases from each person
6 convicted or sentenced to supervision therein as follows:
7 (A) Felony complaints, $80.
8 (B) Misdemeanor complaints, $50.
9 (C) Business offense complaints, $50.
10 (D) Petty offense complaints, $50.
11 (E) Minor traffic or ordinance violations,
12 $20.
13 (F) When court appearance required, $30.
14 (G) Motions to vacate or amend final orders,
15 $20.
16 (H) Motions to vacate bond forfeiture orders,
17 $20.
18 (I) Motions to vacate ex parte judgments,
19 whenever filed, $20.
20 (J) Motions to vacate judgment on forfeitures,
21 whenever filed, $20.
22 (K) Motions to vacate "failure to appear" or
23 "failure to comply" notices sent to the Secretary of
24 State, $20.
25 (2) In counties having a population of more than
26 650,000 but fewer than 3,000,000 inhabitants, when the
27 violation complaint is issued by a municipal police
28 department, the clerk shall be entitled to costs from
29 each person convicted therein as follows:
30 (A) Minor traffic or ordinance violations,
31 $10.
32 (B) When court appearance required, $15.
33 (3) In ordinance violation cases punishable by fine
34 only, the clerk of the circuit court shall be entitled to
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1 receive, unless the fee is excused upon a finding by the
2 court that the defendant is indigent, in addition to
3 other fees or costs allowed or imposed by law, the sum of
4 $50 as a fee for the services of a jury. The jury fee
5 shall be paid by the defendant at the time of filing his
6 or her jury demand. If the fee is not so paid by the
7 defendant, no jury shall be called, and the case shall be
8 tried by the court without a jury.
9 (x) Transcripts of Judgment.
10 For the filing of a transcript of judgment, the
11 clerk shall be entitled to the same fee as if it were the
12 commencement of new suit.
13 (y) Change of Venue.
14 (1) For the filing of a change of case on a change
15 of venue, the clerk shall be entitled to the same fee as
16 if it were the commencement of a new suit.
17 (2) The fee for the preparation and certification
18 of a record on a change of venue to another jurisdiction,
19 when original documents are forwarded, $25.
20 (z) Tax objection complaints.
21 For each tax objection complaint containing one or
22 more tax objections, regardless of the number of parcels
23 involved or the number of taxpayers joining in the
24 complaint, $25.
25 (aa) Tax Deeds.
26 (1) Petition for tax deed, if only one parcel is
27 involved, $150.
28 (2) For each additional parcel, add a fee of $50.
29 (bb) Collections.
30 (1) For all collections made of others, except the
31 State and county and except in maintenance or child
32 support cases, a sum equal to 2.5% of the amount
33 collected and turned over.
34 (2) Interest earned on any funds held by the clerk
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1 shall be turned over to the county general fund as an
2 earning of the office.
3 (3) For any check, draft, or other bank instrument
4 returned to the clerk for non-sufficient funds, account
5 closed, or payment stopped, $25.
6 (4) Before July 1, 2002, in child support and
7 maintenance cases, the clerk, if authorized by an
8 ordinance of the county board, may collect an annual fee
9 of up to $36 from the person making payment for
10 maintaining child support records and the processing of
11 support orders to the State of Illinois KIDS system and
12 the recording of payments issued by the State
13 Disbursement Unit for the official record of the Court.
14 This fee shall be in addition to and separate from
15 amounts ordered to be paid as maintenance or child
16 support and shall be deposited into a Separate
17 Maintenance and Child Support Collection Fund, of which
18 the clerk shall be the custodian, ex-officio, to be used
19 by the clerk to maintain child support orders and record
20 all payments issued by the State Disbursement Unit for
21 the official record of the Court. The clerk may recover
22 from the person making the maintenance or child support
23 payment any additional cost incurred in the collection of
24 this annual fee. If on July 1, 2003 there is any
25 remaining balance in the Maintenance and Child Support
26 Collection Fund that is derived from fees paid under this
27 subdivision (bb)(4), the Clerk shall promptly transmit
28 that balance to the State Disbursement Unit established
29 under Section 10-26 of the Illinois Public Aid Code.
30 The clerk shall also be entitled to a fee of $5 for
31 certifications made to the Secretary of State as provided
32 in Section 7-703 of the Family Financial Responsibility
33 Law and these fees, if collected before July 1, 2002,
34 shall also be deposited into the separate Maintenance and
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1 Child Support Collection Fund. Fees collected under this
2 subdivision (bb)(4) after June 30, 2002 shall be
3 deposited into a separate Family Financial Responsibility
4 Certification Fund, of which the Clerk shall be the
5 custodian, ex officio, to be used by the Clerk to offset
6 the costs associated with making the certifications.
7 (cc) Corrections of Numbers.
8 For correction of the case number, case title, or
9 attorney computer identification number, if required by
10 rule of court, on any document filed in the clerk's
11 office, to be charged against the party that filed the
12 document, $15.
13 (dd) Exceptions.
14 The fee requirements of this Section shall not apply
15 to police departments or other law enforcement agencies.
16 In this Section, "law enforcement agency" means an agency
17 of the State or a unit of local government which is
18 vested by law or ordinance with the duty to maintain
19 public order and to enforce criminal laws or ordinances.
20 "Law enforcement agency" also means the Attorney General
21 or any state's attorney. The fee requirements of this
22 Section shall not apply to any action instituted under
23 subsection (b) of Section 11-31-1 of the Illinois
24 Municipal Code by a private owner or tenant of real
25 property within 1200 feet of a dangerous or unsafe
26 building seeking an order compelling the owner or owners
27 of the building to take any of the actions authorized
28 under that subsection.
29 (ee) Adoptions.
30 (1) For an adoption.............................$65
31 (2) Upon good cause shown, the court may waive the
32 adoption filing fee in a special needs adoption. The
33 term "special needs adoption" shall have the meaning
34 ascribed to it by the Illinois Department of Children and
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1 Family Services.
2 (ff) Adoption exemptions.
3 No fee other than that set forth in subsection (ee)
4 shall be charged to any person in connection with an
5 adoption proceeding.
6 (Source: P.A. 90-466, eff. 8-17-97; 90-796, eff. 12-15-98;
7 91-321, eff. 1-1-00; 91-612, eff. 10-1-99; revised 10-15-99.)
8 (705 ILCS 105/27.2a) (from Ch. 25, par. 27.2a)
9 Sec. 27.2a. The fees of the clerks of the circuit court
10 in all counties having a population of 3,000,000 or more
11 inhabitants in the instances described in this Section shall
12 be as provided in this Section. The fees shall be paid in
13 advance and shall be as follows:
14 (a) Civil Cases.
15 The fee for filing a complaint, petition, or other
16 pleading initiating a civil action, with the following
17 exceptions, shall be $190.
18 (A) When the amount of money or damages or the
19 value of personal property claimed does not exceed
20 $250, $15.
21 (B) When that amount exceeds $250 but does not
22 exceed $1000, $40.
23 (C) When that amount exceeds $1000 but does
24 not exceed $2500, $50.
25 (D) When that amount exceeds $2500 but does
26 not exceed $5000, $100.
27 (E) When that amount exceeds $5000 but does
28 not exceed $15,000, $150.
29 (F) For the exercise of eminent domain, $150.
30 For each additional lot or tract of land or right or
31 interest therein subject to be condemned, the
32 damages in respect to which shall require separate
33 assessment by a jury, $150.
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1 (G) For the final determination of parking,
2 standing, and compliance violations and final
3 administrative decisions issued after hearings
4 regarding vehicle immobilization and impoundment
5 made pursuant to Sections 3-704.1, 6-306.5, and
6 11-208.3 of the Illinois Vehicle Code, $25.
7 (b) Forcible Entry and Detainer.
8 In each forcible entry and detainer case when the
9 plaintiff seeks possession only or unites with his or her
10 claim for possession of the property a claim for rent or
11 damages or both in the amount of $15,000 or less, $75.
12 When the plaintiff unites his or her claim for possession
13 with a claim for rent or damages or both exceeding
14 $15,000, $225.
15 (c) Counterclaim or Joining Third Party Defendant.
16 When any defendant files a counterclaim as part of
17 his or her answer or otherwise or joins another party as
18 a third party defendant, or both, the defendant shall pay
19 a fee for each counterclaim or third party action in an
20 amount equal to the fee he or she would have had to pay
21 had he or she brought a separate action for the relief
22 sought in the counterclaim or against the third party
23 defendant, less the amount of the appearance fee, if that
24 has been paid.
25 (d) Confession of Judgment.
26 In a confession of judgment when the amount does not
27 exceed $1500, $60. When the amount exceeds $1500, but
28 does not exceed $5000, $75. When the amount exceeds
29 $5000, but does not exceed $15,000, $175. When the amount
30 exceeds $15,000, $250.
31 (e) Appearance.
32 The fee for filing an appearance in each civil case
33 shall be $75, except as follows:
34 (A) When the plaintiff in a forcible entry and
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1 detainer case seeks possession only, $40.
2 (B) When the amount in the case does not
3 exceed $1500, $40.
4 (C) When that amount exceeds $1500 but does
5 not exceed $15,000, $60.
6 (f) Garnishment, Wage Deduction, and Citation.
7 In garnishment affidavit, wage deduction affidavit,
8 and citation petition when the amount does not exceed
9 $1,000, $15; when the amount exceeds $1,000 but does not
10 exceed $5,000, $30; and when the amount exceeds $5,000,
11 $50.
12 (g) Petition to Vacate or Modify.
13 (1) Petition to vacate or modify any final judgment
14 or order of court, except in forcible entry and detainer
15 cases and small claims cases or a petition to reopen an
16 estate, to modify, terminate, or enforce a judgment or
17 order for child or spousal support, or to modify,
18 suspend, or terminate an order for withholding, if filed
19 before 30 days after the entry of the judgment or order,
20 $50.
21 (2) Petition to vacate or modify any final judgment
22 or order of court, except a petition to modify,
23 terminate, or enforce a judgment or order for child or
24 spousal support or to modify, suspend, or terminate an
25 order for withholding, if filed later than 30 days after
26 the entry of the judgment or order, $75.
27 (3) Petition to vacate order of bond forfeiture,
28 $40.
29 (h) Mailing.
30 When the clerk is required to mail, the fee will be
31 $10, plus the cost of postage.
32 (i) Certified Copies.
33 Each certified copy of a judgment after the first,
34 except in small claims and forcible entry and detainer
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1 cases, $15.
2 (j) Habeas Corpus.
3 For filing a petition for relief by habeas corpus,
4 $125.
5 (k) Certification, Authentication, and Reproduction.
6 (1) Each certification or authentication for taking
7 the acknowledgment of a deed or other instrument in
8 writing with the seal of office, $6.
9 (2) Court appeals when original documents are
10 forwarded, under 100 pages, plus delivery and costs, $75.
11 (3) Court appeals when original documents are
12 forwarded, over 100 pages, plus delivery and costs, $150.
13 (4) Court appeals when original documents are
14 forwarded, over 200 pages, an additional fee of 25 cents
15 per page.
16 (5) For reproduction of any document contained in
17 the clerk's files:
18 (A) First page, $2.
19 (B) Next 19 pages, 50 cents per page.
20 (C) All remaining pages, 25 cents per page.
21 (l) Remands.
22 In any cases remanded to the Circuit Court from the
23 Supreme Court or the Appellate Court for a new trial, the
24 clerk shall file the remanding order and reinstate the
25 case with either its original number or a new number.
26 The Clerk shall not charge any new or additional fee for
27 the reinstatement. Upon reinstatement the Clerk shall
28 advise the parties of the reinstatement. A party shall
29 have the same right to a jury trial on remand and
30 reinstatement as he or she had before the appeal, and no
31 additional or new fee or charge shall be made for a jury
32 trial after remand.
33 (m) Record Search.
34 For each record search, within a division or
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1 municipal district, the clerk shall be entitled to a
2 search fee of $6 for each year searched.
3 (n) Hard Copy.
4 For each page of hard copy print output, when case
5 records are maintained on an automated medium, the clerk
6 shall be entitled to a fee of $6.
7 (o) Index Inquiry and Other Records.
8 No fee shall be charged for a single
9 plaintiff/defendant index inquiry or single case record
10 inquiry when this request is made in person and the
11 records are maintained in a current automated medium, and
12 when no hard copy print output is requested. The fees to
13 be charged for management records, multiple case records,
14 and multiple journal records may be specified by the
15 Chief Judge pursuant to the guidelines for access and
16 dissemination of information approved by the Supreme
17 Court.
18 (p) Commitment Petitions.
19 For filing commitment petitions under the Mental
20 Health and Developmental Disabilities Code, $50.
21 (q) Alias Summons.
22 For each alias summons or citation issued by the
23 clerk, $5.
24 (r) Other Fees.
25 Any fees not covered in this Section shall be set by
26 rule or administrative order of the Circuit Court with
27 the approval of the Administrative Office of the Illinois
28 Courts.
29 The clerk of the circuit court may provide
30 additional services for which there is no fee specified
31 by statute in connection with the operation of the
32 clerk's office as may be requested by the public and
33 agreed to by the clerk and approved by the chief judge of
34 the circuit court. Any charges for additional services
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1 shall be as agreed to between the clerk and the party
2 making the request and approved by the chief judge of the
3 circuit court. Nothing in this subsection shall be
4 construed to require any clerk to provide any service not
5 otherwise required by law.
6 (s) Jury Services.
7 The clerk shall be entitled to receive, in addition
8 to other fees allowed by law, the sum of $212.50, as a
9 fee for the services of a jury in every civil action not
10 quasi-criminal in its nature and not a proceeding for the
11 exercise of the right of eminent domain and in every
12 other action wherein the right of trial by jury is or may
13 be given by law. The jury fee shall be paid by the party
14 demanding a jury at the time of filing the jury demand.
15 If the fee is not paid by either party, no jury shall be
16 called in the action or proceeding, and the same shall be
17 tried by the court without a jury.
18 (t) Voluntary Assignment.
19 For filing each deed of voluntary assignment, $20;
20 for recording the same, 50¢ for each 100 words.
21 Exceptions filed to claims presented to an assignee of a
22 debtor who has made a voluntary assignment for the
23 benefit of creditors shall be considered and treated, for
24 the purpose of taxing costs therein, as actions in which
25 the party or parties filing the exceptions shall be
26 considered as party or parties plaintiff, and the
27 claimant or claimants as party or parties defendant, and
28 those parties respectively shall pay to the clerk the
29 same fees as provided by this Section to be paid in other
30 actions.
31 (u) Expungement Petition.
32 The clerk shall be entitled to receive a fee of $60
33 for each expungement petition filed and an additional fee
34 of $4 for each certified copy of an order to expunge
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1 arrest records.
2 (v) Probate.
3 The clerk is entitled to receive the fees specified in
4 this subsection (v), which shall be paid in advance, except
5 that, for good cause shown, the court may suspend, reduce, or
6 release the costs payable under this subsection:
7 (1) For administration of the estate of a decedent
8 (whether testate or intestate) or of a missing person,
9 $150, plus the fees specified in subsection (v)(3),
10 except:
11 (A) When the value of the real and personal
12 property does not exceed $15,000, the fee shall be
13 $40.
14 (B) When (i) proof of heirship alone is made,
15 (ii) a domestic or foreign will is admitted to
16 probate without administration (including proof of
17 heirship), or (iii) letters of office are issued for
18 a particular purpose without administration of the
19 estate, the fee shall be $40.
20 (2) For administration of the estate of a ward,
21 $75, plus the fees specified in subsection (v)(3),
22 except:
23 (A) When the value of the real and personal
24 property does not exceed $15,000, the fee shall be
25 $40.
26 (B) When (i) letters of office are issued to a
27 guardian of the person or persons, but not of the
28 estate or (ii) letters of office are issued in the
29 estate of a ward without administration of the
30 estate, including filing or joining in the filing of
31 a tax return or releasing a mortgage or consenting
32 to the marriage of the ward, the fee shall be $20.
33 (3) In addition to the fees payable under
34 subsection (v)(1) or (v)(2) of this Section, the
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1 following fees are payable:
2 (A) For each account (other