TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER a: GENERAL PROGRAM PROVISIONS
PART 20
SUPPORT RESPONSIBILITY OF RELATIVES
SECTION 20.1 INCORPORATION BY REFERENCE
Section 20.1 Incorporation
by Reference
Any rules or regulations of an
agency of the United States or of a nationally recognized organization or
association that are incorporated by reference in this Part are incorporated as
of the date specified, and do not include any later amendments or editions.
 | TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER a: GENERAL PROGRAM PROVISIONS
PART 20
SUPPORT RESPONSIBILITY OF RELATIVES
SECTION 20.10 SUPPORT FROM RESPONSIBLE RELATIVES
Section 20.10 Support from
Responsible Relatives
a) The Department shall seek to obtain support for recipients
from legally responsible individuals and shall seek the enforcement of support
obligations with the following exception: the Department shall not seek to
obtain support for residents of long term care facilities if income of the
spouse in the community is less than or equal to the Community Spouse
Maintenance Needs Standard (as described at 89 Ill. Adm. Code 120.61).
b) The following persons are "responsible relatives"
who are legally responsible for the financial support and maintenance of
recipients:
1) spouse for spouse; and
2) parents for children under 18 years of age.
c) Responsible relatives who are receiving public assistance
and/or Supplemental Security Income (SSI) benefits shall be considered unable
to support.
d) A parent is not legally responsible for the financial support
and maintenance of a child of any age who has married (regardless of current
marital status) and is not living with the parent or parents.
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER a: GENERAL PROGRAM PROVISIONS
PART 20
SUPPORT RESPONSIBILITY OF RELATIVES
SECTION 20.20 DETERMINATION OF ABILITY TO SUPPORT
Section 20.20 Determination
of Ability to Support
a) Responsible relatives living apart from the
recipient/assistance unit.
1) For responsible relatives living apart from the
recipient/assistance unit, a responsible relative is liable for all assistance
provided to or in behalf of the recipient, unless the relative establishes a
lesser ability to support by providing the Department with income and asset
information from which it can determine the relative's ability to support.
However, the monthly support obligation assessed a responsible relative
determined able to pay shall not exceed the average monthly amount of
assistance provided by the Department to or in behalf of the recipient.
2) Except in Title IV-D cases where the guidelines set out in 89
Ill. Adm. Code 160.60(c) shall apply, the Department shall apply Table A of
this Part to the gross income figure contained on the relative's most recent
Federal Income Tax return to determine the relative's ability to support. The
relative must submit a copy of his or her most recent Federal Income Tax return
for this determination or remain liable for all assistance provided to or in
behalf of the recipient. If the responsible relative has filed a joint tax
return with a non-responsible relative, only such income that is attributable
to the responsible relative will be considered.
b) Responsible relatives living apart or with the recipient/assistance
unit.
1) For responsible relatives living with the recipient/assistance
unit, the Department shall determine a responsible relative's ability to
support dependents according to the standards and asset limitation indicated
below:
A) Aid to the Aged, Blind or Disabled (AABD)
The Department shall use the AABD financial assistance
standard and the appropriate asset limitations, as set out in 89 Ill. Adm. Code
113.245 through 113.262 and 113.140, to determine the relative's ability to support.
B) General Assistance (GA) (City of Chicago Only)
The Department shall use the family or adult payment level,
as set out in 89 Ill. Adm. Code 114.250, to determine the relative's ability to
support.
C) TANF
The Department shall use the family or adult payment level,
as set out in 89 Ill. Adm. Code 112.250, to determine the relative's ability to
support.
2) For responsible relatives living apart from the
recipient/assistance unit, the Department shall apply Table A of this Part to
the gross income figure contained on the relative's most recent Federal Income
Tax return to determine the relative's ability to support. The relative must
submit a copy of his or her most recent Federal Income Tax return for this
determination or remain liable for all assistance provided to or in behalf of
the recipient. If the responsible relative has filed a joint return with a non-responsible
relative, only such income that is attributable to the responsible relative
will be considered.
c) Hospitalized or institutionalized individual living with a
responsible relative.
1) Aid to the Aged, Blind or Disabled (AABD)
The client is considered as living apart from a responsible
relative for any month the client is hospitalized or institutionalized the
first day of the calendar month through the last day of the calendar month. If
an infant is hospitalized from birth through the end of the calendar month, the
client is considered hospitalized for the entire month. If a client is in a
hospital or institution on the first day of the calendar month but dies prior
to the end of the calendar month, the individual is considered living apart
from the responsible relatives.
2) Temporary Assistance for Needy Families (TANF)
A hospitalized individual is considered as living with the
responsible relative if the individual is under the relative's control and
supervision regardless of the length of hospitalization.
(Source: Amended at 29 Ill.
Reg. 8156, effective May 18, 2005)
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER a: GENERAL PROGRAM PROVISIONS
PART 20
SUPPORT RESPONSIBILITY OF RELATIVES
SECTION 20.25 ESTABLISHMENT OF SUPPORT OBLIGATIONS
Section 20.25 Establishment
of Support Obligations
Except in Title IV-D cases where
support obligations shall be established in accordance with 89 Ill. Adm. Code
160.60, the Department shall establish a responsible relative's obligation to
support in the following manner:
a) A notice of obligation to support, a return envelope, and a
statement of the responsible relative's rights and responsibilities are sent to
the responsible relative via certified mail, return receipt requested.
1) If the responsible relative does not respond to the notice
within 30 days, the Department will issue a subpoena for records.
2) If the responsible relative submits the necessary income
records within 30 days, the Department will determine the responsible
relative's ability to support in accordance with Section 20.20.
b) If the determination indicates there is no obligation, the
case is closed.
c) If the determination indicates there is an obligation to
support, a determination will be made as to the amount of the obligation.
d) If a support obligation exists, the Department will send a
notice of support due to the responsible relative via registered or certified
mail directing payment of the obligation.
e) If the responsible relative fails to pay within 30 days after
issuance of the notice of support due, the Department will send an
Administrative Support Order via registered or certified mail. The responsible
relative will be notified of his or her right to petition for release from or
modification of the Administrative Support Order within 30 days after the date
of its mailing.
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER a: GENERAL PROGRAM PROVISIONS
PART 20
SUPPORT RESPONSIBILITY OF RELATIVES
SECTION 20.30 REDETERMINATION OF ABILITY TO SUPPORT
Section 20.30
Redetermination of Ability to Support
The Department will redetermine
and, when indicated, adjust the amount of a support obligation on the basis of
Table A of this Part if:
a) the relative has sustained a significant reduction in income
since the support obligation was determined; or
b) there has been an increase in the number of the relative's
dependents.
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER a: GENERAL PROGRAM PROVISIONS
PART 20
SUPPORT RESPONSIBILITY OF RELATIVES
SECTION 20.35 ENFORCEMENT OF ADMINISTRATIVE SUPPORT ORDERS
Section 20.35 Enforcement of
Administrative Support Orders
If the legally responsible
relative has failed for 90 days after the effective date of the support order
to make regular support payments according to the support order and a balance
due is outstanding, the Department may take any or all of the following actions
to collect the past due support:
a) referral to the Department's legal representative for judicial
enforcement of the Administrative Support Order;
b) referral to the Comptroller of the State of Illinois for
collection under Section 10.05 of the State Comptroller Act [15 ILCS
405/10.05]; and
c) referral to a private collection agency for collection.
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER a: GENERAL PROGRAM PROVISIONS
PART 20
SUPPORT RESPONSIBILITY OF RELATIVES
SECTION 20.40 FAILURE OR REFUSAL TO PROVIDE INFORMATION REGARDING ABILITY TO SUPPORT
Section 20.40 Failure or
Refusal to Provide Information Regarding Ability to Support
A responsible relative who
refuses or fails, upon request, to provide the Department with income or asset
information necessary to make a determination of ability to support shall
remain liable for all assistance provided to or in behalf of the recipient.
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER a: GENERAL PROGRAM PROVISIONS
PART 20
SUPPORT RESPONSIBILITY OF RELATIVES
SECTION 20.50 MODIFICATION OR RELEASE FROM SUPPORT ORDER
Section 20.50 Modification
or Release from Support Order
The responsible relative has the
right to petition for modification of or release from the Department's order
requiring the relative to provide support. The petition must be filed, in
writing, with the Department no later than 30 days from the date of mailing of
the support order.
Section 20.TABLE A Standard for Determining Responsible Relative Liability
| TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER a: GENERAL PROGRAM PROVISIONS
PART 20
SUPPORT RESPONSIBILITY OF RELATIVES
SECTION 20.TABLE A STANDARD FOR DETERMINING RESPONSIBLE RELATIVE LIABILITY
Section 20.TABLE A Standard
for Determining Responsible Relative Liability
|
Responsible
Relative Liability
|
|
Gross Annual Income Range*
|
|
Number
in Family (including recipient)
|
|
|
2
|
3
|
4
|
5
|
6
|
7 or
more**
|
|
$ 7,000
|
–
|
7,500
|
$ 5
|
|
|
|
|
|
|
|
7,501
|
–
|
8,000
|
10
|
|
|
|
|
|
|
|
8,001
|
–
|
8,500
|
15
|
|
|
|
|
|
|
|
8,501
|
–
|
9,000
|
20
|
$ 5
|
|
|
|
|
|
|
9,001
|
–
|
9,500
|
25
|
10
|
|
|
|
|
|
|
9,501
|
–
|
10,000
|
30
|
15
|
|
|
|
|
|
|
10,001
|
–
|
10,500
|
35
|
20
|
$ 5
|
|
|
|
|
|
10,501
|
–
|
11,000
|
40
|
25
|
10
|
|
|
|
|
|
11,001
|
–
|
11,500
|
45
|
30
|
15
|
|
|
|
|
|
11,501
|
–
|
12,000
|
50
|
35
|
20
|
$ 5
|
|
|
|
|
12,001
|
–
|
12,500
|
55
|
40
|
25
|
10
|
|
|
|
|
12,501
|
–
|
13,000
|
60
|
45
|
30
|
15
|
|
|
|
|
13,001
|
–
|
13,500
|
65
|
50
|
35
|
20
|
$ 5
|
|
|
|
13,501
|
–
|
14,000
|
70
|
55
|
40
|
25
|
10
|
|
|
|
14,001
|
–
|
14,500
|
75
|
60
|
45
|
30
|
15
|
|
|
|
14,501
|
–
|
15,000
|
80
|
65
|
50
|
35
|
20
|
$ 5
|
|
|
15,001
|
–
|
15,500
|
85
|
70
|
55
|
40
|
25
|
10
|
|
|
15,501
|
–
|
16,000
|
90
|
75
|
60
|
45
|
30
|
15
|
|
|
16,001
|
–
|
16,500
|
95
|
80
|
65
|
50
|
35
|
20
|
|
|
16,501
|
–
|
17,000
|
100
|
85
|
70
|
55
|
40
|
25
|
|
|
17,001
|
–
|
17,500
|
105
|
90
|
75
|
60
|
45
|
30
|
|
|
17,501
|
–
|
18,000
|
110
|
95
|
80
|
65
|
50
|
35
|
|
|
18,001
|
–
|
18,500
|
115
|
100
|
85
|
70
|
55
|
40
|
|
|
18,501
|
–
|
19,000
|
120
|
105
|
90
|
75
|
60
|
45
|
|
|
19,001
|
–
|
19,500
|
125
|
110
|
95
|
80
|
65
|
50
|
|
|
19,501
|
–
|
20,000
|
130
|
115
|
100
|
85
|
70
|
55
|
|
|
20,001
|
–
|
20,500
|
135
|
120
|
105
|
90
|
75
|
60
|
|
|
20,501
|
–
|
21,000
|
140
|
125
|
110
|
95
|
80
|
65
|
|
|
21,001
|
–
|
21,500
|
145
|
130
|
115
|
100
|
85
|
70
|
|
|
21,501
|
–
|
22,000
|
150
|
135
|
120
|
105
|
90
|
75
|
|
|
22,001
|
–
|
22,500
|
155
|
140
|
125
|
110
|
95
|
80
|
|
|
22,501
|
–
|
23,000
|
160
|
145
|
130
|
115
|
100
|
85
|
|
|
23,001
|
–
|
23,500
|
165
|
150
|
135
|
120
|
105
|
90
|
|
|
23,501
|
–
|
24,000
|
170
|
155
|
140
|
125
|
110
|
95
|
|
|
24,001
|
–
|
24,500
|
175
|
160
|
145
|
130
|
115
|
100
|
|
|
24,501
|
–
|
25,000
|
180
|
165
|
150
|
135
|
120
|
105
|
|
|
25,001
|
–
|
25,500
|
185
|
170
|
155
|
140
|
125
|
110
|
|
|
25,501
|
–
|
26,000
|
190
|
175
|
160
|
145
|
130
|
115
|
|
|
26,001
|
–
|
26,500
|
195
|
180
|
165
|
150
|
135
|
120
|
|
|
Responsible
Relative Liability
|
|
Gross Annual Income Range*
|
|
Number
in Family (including recipient)
|
|
|
2
|
3
|
4
|
5
|
6
|
7 or
more**
|
|
26,501
|
–
|
27,000
|
200
|
185
|
170
|
155
|
140
|
125
|
|
27,001
|
–
|
27,500
|
205
|
190
|
175
|
160
|
145
|
130
|
|
27,501
|
–
|
28,000
|
210
|
195
|
180
|
165
|
150
|
135
|
|
28,001
|
–
|
28,500
|
215
|
200
|
185
|
170
|
155
|
140
|
|
28,501
|
–
|
29,000
|
220
|
205
|
190
|
175
|
160
|
145
|
|
29,001
|
–
|
29,500
|
225
|
210
|
195
|
180
|
165
|
150
|
|
29,501
|
–
|
30,000
|
230
|
215
|
200
|
185
|
170
|
155
|
|
30,001
|
–
|
30,500
|
235
|
220
|
205
|
190
|
175
|
160
|
|
30,501
|
–
|
31,000
|
240
|
225
|
210
|
195
|
180
|
165
|
|
31,001
|
–
|
31,500
|
245
|
230
|
215
|
200
|
185
|
170
|
|
31,501
|
–
|
32,000
|
250
|
235
|
220
|
205
|
190
|
175
|
|
32,001
|
–
|
32,500
|
255
|
240
|
225
|
210
|
195
|
180
|
|
32,501
|
–
|
33,000
|
260
|
245
|
230
|
215
|
200
|
185
|
|
33,001
|
–
|
33,500
|
265
|
250
|
235
|
220
|
205
|
190
|
|
33,501
|
–
|
34,000
|
270
|
255
|
240
|
225
|
210
|
195
|
|
34,001
|
–
|
34,500
|
275
|
260
|
245
|
230
|
215
|
200
|
|
34,501
|
–
|
35,000
|
280
|
265
|
250
|
235
|
220
|
205
|
|
35,001
|
–
|
35,500
|
285
|
270
|
255
|
240
|
225
|
210
|
|
35,501
|
–
|
36,000
|
290
|
275
|
260
|
245
|
230
|
215
|
|
36,001
|
–
|
36,500
|
295
|
280
|
265
|
250
|
235
|
220
|
|
36,501
|
–
|
37,000
|
300
|
285
|
270
|
255
|
240
|
225
|
|
37,001
|
–
|
37,500
|
305
|
290
|
275
|
260
|
245
|
230
|
|
37,501
|
–
|
38,000
|
310
|
295
|
280
|
265
|
250
|
235
|
|
38,001
|
–
|
38,500
|
315
|
300
|
285
|
270
|
255
|
240
|
|
38,501
|
–
|
39,000
|
320
|
305
|
290
|
275
|
260
|
245
|
|
39,001
|
–
|
39,500
|
325
|
310
|
295
|
280
|
265
|
250
|
|
39,501
|
–
|
40,000
|
330
|
315
|
300
|
285
|
270
|
255
|
|
40,001
|
–
|
40,500
|
335
|
320
|
305
|
290
|
275
|
260
|
|
40,501
|
–
|
41,000
|
340
|
325
|
310
|
295
|
280
|
265
|
|
41,001
|
–
|
41,500
|
345
|
330
|
315
|
300
|
285
|
270
|
|
41,501
|
–
|
42,000
|
350
|
335
|
320
|
305
|
290
|
275
|
|
42,001
|
–
|
42,500
|
355
|
340
|
325
|
310
|
295
|
280
|
|
42,501
|
–
|
43,000
|
360
|
345
|
330
|
315
|
300
|
285
|
|
43,001
|
–
|
43,500
|
365
|
350
|
335
|
320
|
305
|
290
|
|
43,501
|
–
|
44,000
|
370
|
355
|
340
|
325
|
310
|
295
|
|
44,001
|
–
|
44,500
|
375
|
360
|
345
|
330
|
315
|
300
|
|
44,501
|
–
|
45,000
|
380
|
365
|
350
|
335
|
320
|
305
|
|
45,001
|
–
|
45,500
|
385
|
370
|
355
|
340
|
325
|
310
|
|
45,501
|
–
|
46,000
|
390
|
375
|
360
|
345
|
330
|
315
|
|
46,001
|
–
|
46,500
|
395
|
380
|
365
|
350
|
335
|
320
|
|
46,501
|
–
|
47,000
|
400
|
385
|
370
|
355
|
340
|
325
|
|
47,001
|
–
|
47,500
|
405
|
390
|
375
|
360
|
345
|
330
|
|
Responsible
Relative Liability
|
|
Gross Annual Income Range*
|
|
Number
in Family (including recipient)
|
|
|
2
|
3
|
4
|
5
|
6
|
7 or
more**
|
|
47,501
|
–
|
48,000
|
410
|
395
|
380
|
365
|
350
|
335
|
|
48,001
|
–
|
48,500
|
415
|
400
|
385
|
370
|
355
|
340
|
|
48,501
|
–
|
49,000
|
420
|
405
|
390
|
375
|
360
|
345
|
|
49,001
|
–
|
49,500
|
425
|
410
|
395
|
380
|
365
|
350
|
|
49,501
|
–
|
50,000
|
430
|
415
|
400
|
385
|
370
|
355
|
|
50,001 & over (continues
at $5 increments for each $500 increase in Gross Annual Income Range)
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*Based on
gross annual income as reflected on the responsible relative's Federal Income
Tax Return.
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|
**More
than 7 in family (continues at $5 increments)
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