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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
PUBLIC AID (305 ILCS 5/) Illinois Public Aid Code. 305 ILCS 5/9A-1
(305 ILCS 5/9A-1) (from Ch. 23, par. 9A-1)
Sec. 9A-1.
Declaration of Purpose.
It is the purpose of this Article
to provide recipients of public aid under Article IV
the education, training and employment
programs that will help them avoid long-term welfare dependence.
(Source: P.A. 86-1184; 86-1381.)
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305 ILCS 5/9A-2
(305 ILCS 5/9A-2) (from Ch. 23, par. 9A-2)
Sec. 9A-2.
As used in this Article only, "recipient" means only those
persons receiving aid under Article IV.
(Source: P.A. 86-1184; 86-1381.)
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305 ILCS 5/9A-2a (305 ILCS 5/9A-2a) Sec. 9A-2a. Federal poverty level; definition. As used in this Article, "federal poverty level" means the poverty guidelines updated periodically in the Federal Register by the U.S. Department
of Health and Human Services under the authority of 42 U.S.C. 9902(2).
(Source: P.A. 102-491, eff. 8-20-21.) |
305 ILCS 5/9A-3
(305 ILCS 5/9A-3) (from Ch. 23, par. 9A-3)
Sec. 9A-3. Establishment of Program and Level of Services.
(a) The Illinois Department shall establish and maintain a program to
provide recipients with services consistent with the purposes and
provisions of this Article. The program offered in different counties of
the State may vary depending on the resources available to the State to
provide a program under this Article, and no program may be offered in some
counties, depending on the resources available. Services may be provided
directly by the Illinois Department or through contract. References to the
Illinois Department or staff of the
Illinois Department shall include contractors when the Illinois Department
has entered into contracts for these purposes. The Illinois Department
shall provide each
recipient who participates with such services available under the program
as are necessary to achieve his employability plan as specified in the
plan.
(b) The Illinois Department, in operating the program, shall cooperate
with public and private education and vocational training or retraining
agencies or facilities, the Illinois State Board of Education, the Illinois
Community College Board, the Departments of Employment
Security and Commerce and Economic Opportunity or other sponsoring
organizations funded under the federal Workforce
Innovation and Opportunity Act
and other public or licensed private employment agencies.
(Source: P.A. 100-477, eff. 9-8-17.)
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305 ILCS 5/9A-4
(305 ILCS 5/9A-4) (from Ch. 23, par. 9A-4)
Sec. 9A-4. Participation.
(a) Except for those exempted under subsection (b) below, and to the
extent resources permit, the Illinois Department as a condition of
eligibility for public aid, may, as provided by rule, require all
recipients to participate in an education, training, and employment
program, which shall include accepting suitable employment and refraining
from terminating employment or reducing earnings without good cause.
(b) Recipients shall be exempt from the requirement of
participation in the education, training, and employment program
in the following circumstances:
(1)
The recipient is a person over age 60; or
(2) The recipient is a person with a child under age | |
Recipients are entitled to request a reasonable modification to the requirement of participation in the education, training and employment program in order to accommodate a qualified individual with a disability as defined by the Americans with Disabilities Act. Requests for a reasonable modification shall be evaluated on a case-by-case functional basis by designated staff based on Department rule. All such requests shall be monitored as part of the agency's quality assurance process or processes to attest to the expediency with which such requests are addressed. Implementation of the changes made to this Section by this amendatory Act of the 94th General Assembly is subject to appropriation.
(Source: P.A. 94-629, eff. 1-1-06.)
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305 ILCS 5/9A-5
(305 ILCS 5/9A-5) (from Ch. 23, par. 9A-5)
Sec. 9A-5.
Exempt recipients.
(a) Exempt recipients under Section 9A-4 may volunteer to participate.
(b) Services will be offered to exempt and non-exempt individuals who
wish to volunteer to participate only to the extent resources permit.
(c) Exempt and
non-exempt individuals who volunteer to participate become program
participants upon completion of the initial assessment, development of the
employability plan, and assignment to a component.
An exempt individual who volunteers to participate may not be sanctioned for
not meeting program requirements.
(Source: P.A. 92-111, eff. 1-1-02; 93-598, eff. 8-26-03.)
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305 ILCS 5/9A-6
(305 ILCS 5/9A-6) (from Ch. 23, par. 9A-6)
Sec. 9A-6.
(Repealed).
(Source: P.A. 86-1475. Repealed by P.A. 90-17, eff. 7-1-97.)
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305 ILCS 5/9A-7
(305 ILCS 5/9A-7) (from Ch. 23, par. 9A-7)
Sec. 9A-7. Good cause and pre-sanction process.
(a) The Department shall establish by rule what constitutes good cause
for failure to participate in education, training and employment programs,
failure to accept suitable employment or terminating employment or reducing
earnings.
The Department shall establish, by rule, a pre-sanction process to assist
in resolving disputes over proposed sanctions and in determining if good cause
exists.
Good cause shall include, but not be limited to:
(1) temporary illness for its duration;
(2) court required appearance or temporary | |
(3) (blank);
(4) death in the family;
(5) (blank);
(6) (blank);
(7) (blank);
(8) (blank);
(9) extreme inclement weather;
(10) (blank);
(11) lack of any support service even though the
| | necessary service is not specifically provided under the Department program, to the extent the lack of the needed service presents a significant barrier to participation;
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(12) if an individual is engaged in employment or
| | training or both that is consistent with the employment related goals of the program, if such employment and training is later approved by Department staff;
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(13) (blank);
(14) failure of Department staff to correctly forward
| | the information to other Department staff;
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(15) failure of the participant to cooperate because
| | of attendance at a test or a mandatory class or function at an educational program (including college), when an education or training program is officially approved by the Department;
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(16) failure of the participant due to his or her
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(17) failure of the participant because it is
| | determined that he or she should be in a different activity;
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(18) non-receipt by the participant of a notice
| | advising him or her of a participation requirement. If the non-receipt of mail occurs frequently, the Department shall explore an alternative means of providing notices of participation requests to participants;
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(19) (blank);
(20) non-comprehension of English, either written or
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(21) (blank);
(22) (blank);
(23) child care (or day care for an incapacitated
| | individual living in the same home as a dependent child) is necessary for the participation or employment and such care is not available for a child under age 13;
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(24) failure to participate in an activity due to a
| | scheduled job interview, medical appointment for the participant or a household member, or school appointment;
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(25) if an individual or family is experiencing
| | homelessness; an individual or family is experiencing homelessness if the individual or family: (i) lacks a fixed, regular, and adequate nighttime residence, or shares the housing of other persons due to the loss of housing, economic hardship, or a similar reason; (ii) is living in a motel, hotel, trailer park, or camping ground due to the lack of alternative accommodations; (iii) is living in an emergency or transitional shelter; (iv) resides in a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings; or (v) is living in a car, park, public space, abandoned building, substandard housing, bus, train station, or similar settings;
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(26) circumstances beyond the control of the
| | participant which prevent the participant from completing program requirements;
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(27) (blank);
(28) if an individual or family receives an eviction
| | (29) if an individual's or family's utilities are
| | (30) if an individual or family receives an utility
| | (31) if an individual is exiting a publicly funded
| | institution or system of care (such as a health-care facility, a mental health facility, foster care or other youth facility, or correction program or institution) without an option to move to a fixed, adequate night time residence.
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| (b) (Blank).
(c)(1) The Department shall establish a reconciliation procedure to
assist in resolving disputes related to any aspect of participation,
including exemptions, good cause, sanctions or proposed sanctions,
supportive services, assessments, responsibility and service
plans,
assignment to activities, suitability of employment, or
refusals of offers
of employment.
Through the reconciliation process the Department shall have a mechanism to
identify good cause, ensure that the client is aware of the issue, and enable
the client to perform required activities without facing sanction.
(2) A participant may request reconciliation and
receive notice in
writing of a meeting. At least one face-to-face
meeting may be scheduled to
resolve misunderstandings or disagreements related to program participation
and situations which may lead to a potential sanction. The meeting will
address the underlying reason for the dispute and plan a resolution to
enable the individual to participate in TANF employment and work activity
requirements.
(2.5) If the individual fails to appear at the reconciliation meeting
without good cause, the reconciliation is unsuccessful and a sanction shall be
imposed.
(3) The reconciliation process shall continue after
it is determined that
the individual did not have good cause for non-cooperation. Any necessary
demonstration of cooperation on the part of the participant will be part of
the reconciliation process. Failure to demonstrate cooperation will result in immediate
sanction.
(4) For the first instance of non-cooperation, if the client reaches
agreement to cooperate, the client shall be allowed 30 days to demonstrate
cooperation before any sanction activity may be imposed. In any subsequent
instances of non-cooperation, the client shall be provided the opportunity to
show good cause or remedy the situation by immediately complying with the
requirement.
(5) The Department shall document in the case record the proceedings
of the reconciliation and provide the client in writing
with a reconciliation
agreement.
(6) If reconciliation resolves the dispute, no
sanction shall be imposed.
If the client fails to comply with the reconciliation agreement, the
Department shall then immediately impose the original sanction.
If the dispute cannot be resolved
during reconciliation, a sanction shall not be imposed
until the reconciliation process is complete.
(Source: P.A. 101-103, eff. 7-19-19.)
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305 ILCS 5/9A-8
(305 ILCS 5/9A-8) (from Ch. 23, par. 9A-8)
Sec. 9A-8. Operation of program.
(a) At the time of application or redetermination of eligibility under
Article IV, as determined by rule, the Illinois Department shall provide
information in writing and orally regarding the education, training and
employment program to all applicants and recipients. The information
required shall be established by rule and shall include, but need not be
limited to:
(1) education (including literacy training), | | employment and training opportunities available, the criteria for approval of those opportunities, and the right to request changes in the personal responsibility and services plan to include those opportunities;
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(1.1) a complete list of all activities that are
| | approvable activities, and the circumstances under which they are approvable, including work activities, substance use disorder or mental health treatment, activities to escape and prevent domestic violence, caring for a medically impaired family member, and any other approvable activities, together with the right to and procedures for amending the responsibility and services plan to include these activities;
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(1.2) the rules concerning the lifetime limit on
| | eligibility, including the current status of the applicant or recipient in terms of the months of remaining eligibility, the criteria under which a month will not count towards the lifetime limit, and the criteria under which a recipient may receive benefits beyond the end of the lifetime limit;
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(2) supportive services including child care and the
| | rules regarding eligibility for and access to the child care assistance program, transportation, initial expenses of employment, job retention, books and fees, and any other supportive services;
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(3) the obligation of the Department to provide
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(4) the rights and responsibilities of participants,
| | including exemption, sanction, reconciliation, and good cause criteria and procedures, termination for non-cooperation and reinstatement rules and procedures, and appeal and grievance procedures; and
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(5) the types and locations of child care services.
(b) The Illinois
Department shall notify the recipient in writing of the opportunity to
volunteer to participate in the program.
(c) (Blank).
(d) As part of the personal plan for achieving employment and
self-sufficiency, the Department shall conduct an individualized assessment
of
the
participant's employability. No participant may be assigned to any
component of the education, training and employment activity
prior to such
assessment. The plan shall
include collection of
information
on the individual's background, proficiencies, skills deficiencies,
education level, work history, employment goals, interests, aptitudes, and
employment preferences, as well as factors affecting employability or
ability to meet participation requirements (e.g., health, physical or
mental limitations, child care, family circumstances, domestic violence, sexual violence,
substance use disorders, and special needs of any child of the individual). As part
of the plan,
individuals and Department staff shall work together to identify any
supportive service needs required to enable the client to participate and
meet the objectives of his or her employability plan. The
assessment may be conducted through various methods such as interviews,
testing, counseling, and self-assessment instruments. In the
assessment process, the Department shall offer to include standard
literacy testing
and a determination of
English language proficiency and shall provide it for those who accept the
offer.
Based on the assessment,
the
individual will be assigned to the appropriate activity. The
decision will be based on a determination of the individual's level of
preparation for employment as defined by rule.
(e) Recipients determined to be exempt may volunteer to participate
pursuant to Section 9A-4 and must be assessed.
(f) As part of the personal plan for achieving employment and
self-sufficiency under Section 4-1, an employability plan for recipients
shall be
developed in
consultation with the participant. The Department shall have final
responsibility for approving the employability plan. The employability
plan shall:
(1) contain an employment goal of the participant;
(2) describe the services to be provided by the
| | Department, including child care and other support services;
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(3) describe the activities, such as component
| | assignment, that will be undertaken by the participant to achieve the employment goal. The Department shall treat participation in high school and high school equivalency programs as a core activity and count participation in high school and high school equivalency programs toward the first 20 hours per week of participation. The Department shall approve participation in high school or high school equivalency programs upon written or oral request of the participant if he or she has not already earned a high school diploma or a State of Illinois High School Diploma. However, participation in high school or high school equivalency programs may be delayed as part of an applicant's or recipient's personal plan for achieving employment and self-sufficiency if it is determined that the benefit from participating in another activity, such as, but not limited to, treatment for a substance use disorder or an English proficiency program, would be greater to the applicant or recipient than participation in high school or a high school equivalency program. The availability of high school and high school equivalency programs may also delay enrollment in those programs. The Department shall treat such activities as a core activity as long as satisfactory progress is made, as determined by the high school or high school equivalency program. Proof of satisfactory progress shall be provided by the participant or the school at the end of each academic term; and
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(4) describe any other needs of the family that might
| | be met by the Department.
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(g) The employability plan shall take into account:
(1) available program resources;
(2) the participant's support service needs;
(3) the participant's skills level and aptitudes;
(4) local employment opportunities; and
(5) the preferences of the
participant.
(h) A reassessment shall be conducted to assess a participant's
progress and to review the employability plan on the following occasions:
(1) upon completion of an activity and before
| | assignment to an activity;
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(2) upon the request of the participant;
(3) if the individual is not cooperating with the
| | requirements of the program; and
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(4) if the individual has failed to make satisfactory
| | progress in an education or training program.
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Based on the reassessment, the Department may revise the employability
plan of the participant.
(Source: P.A. 102-1100, eff. 1-1-23 .)
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305 ILCS 5/9A-8.1
(305 ILCS 5/9A-8.1)
Sec. 9A-8.1.
Improvement of information to applicants and recipients.
The
Illinois Department shall annually review
all procedures and written materials that it has in place for purposes of
compliance with subsection (a) of Section 9A-8 and
Section 11-20.1 requiring the Illinois Department to provide full and timely
information to applicants and recipients of aid under
Article IV of this Code about their opportunities, rights and responsibilities
under the Temporary Assistance for Needy Families
program and related programs. As part of this annual review, the Illinois
Department shall provide copies of all procedures and
materials to the Family Self Sufficiency Advisory Council or any successor
advisory body containing a similar number and
assortment of advocates, providers, contractors, clients, and citizens. The
Family Self Sufficiency Advisory Council or successor
advisory body shall review the existing procedures and materials in light of
program rules, recent changes in the law or rules, and
experience in the field, and it shall suggest changes to the Illinois
Department. The Illinois Department shall produce new or
revised procedures and materials, or ratify the existing ones, for use
beginning each October 1. If the Illinois Department rejects
changes suggested by the Family Self Sufficiency Advisory Council, it shall
explain the reasons in a written response.
(Source: P.A. 91-331, eff. 7-29-99.)
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305 ILCS 5/9A-9
(305 ILCS 5/9A-9) (from Ch. 23, par. 9A-9)
Sec. 9A-9. Program Activities. The Department shall establish
education, training and placement activities by rule. Not all of the same
activities need be provided in each county in the State. Such activities may
include the following:
(a) Education (Below post secondary). In the Education (below post
secondary) activity, the individual receives
information, referral, counseling services and support services to
increase the individual's employment potential. Participants may be
referred to testing, counseling and education resources. Educational
activities will include basic and remedial education; English proficiency
classes; high school or its equivalency or alternative
education at the secondary level; and with any educational program,
structured study time to enhance successful participation.
An individual's participation in an education program such as literacy, basic
adult education, high school equivalency, or a remedial program shall be
limited to 2 years unless the individual also is working or participating in a
work activity approved by the Illinois Department as defined by rule; this
requirement does not apply, however, to students enrolled in high school.
(b) Job Skills Training (Vocational). Job Skills Training is designed to
increase the individual's ability to obtain and maintain employment. Job
Skills Training activities will include vocational skill classes designed
to increase a participant's ability to obtain and maintain employment. Job
Skills Training may include certificate programs.
(c) Job Readiness. The job readiness activity is designed to enhance
the quality of the individual's level of participation in the world of work
while learning the necessary essentials to obtain and maintain employment.
This activity helps individuals gain the necessary job finding skills to
help them find and retain employment that will lead to economic independence.
(d) Job Search. Job Search may be conducted individually or in groups. Job
Search includes the provision of counseling, job seeking skills training and
information dissemination. Group job search may include training in a group
session. Assignment exclusively to job search cannot be in excess of 8
consecutive weeks (or its equivalent) in any period of 12 consecutive months.
(e) Work Experience. Work Experience assignments may be with private
employers or not-for-profit or public agencies in the State. The Illinois
Department shall provide workers' compensation coverage.
Participants who are not members of a 2-parent assistance unit may not be
assigned more hours than their cash grant amount plus food stamps divided by
the minimum wage. Private employers and not-for-profit and
public agencies shall not use Work Experience participants to displace
regular employees. Participants
in Work Experience may perform work in the public interest (which otherwise
meets the requirements of this Section) for a federal office or agency with
its consent, and notwithstanding the provisions of 31 U.S.C. 1342, or any
other provision
of law, such agency may accept such services, but participants shall
not be considered federal employees for any purpose.
A participant shall be reassessed at the end of
assignment to Work Experience. The participant may be reassigned to Work
Experience or assigned to another activity, based on the
reassessment.
(f) On the Job Training. In On the Job Training, a participant is hired by
a private or public employer and while engaged in productive work receives
training that provides knowledge or skills essential to full and adequate
performance of the job.
(g) Work Supplementation. In work supplementation, the Department pays a
wage subsidy to an employer who hires a participant. The cash grant
which a participant would receive if not employed is diverted
and the diverted cash grant is used to pay the wage subsidy.
(h) Post Secondary Education. Post secondary education must be administered
by an educational institution accredited under requirements of State law.
(i) Self Initiated Education. Participants who are attending
an institution of higher education or a vocational or technical
program of their own choosing and who are in good standing, may continue to
attend and receive supportive services only if the educational program is
approved by the Department, and is in conformity with the participant's
personal plan for achieving employment and self-sufficiency and the participant
is employed part-time, as defined by the Illinois Department by rule.
(j) Job Development and Placement. Department staff shall develop
through contacts with public and private employers unsubsidized job
openings for participants. Job interviews will be secured for clients by
the marketing of participants for specific job openings. Job ready individuals
may be assigned to Job Development and Placement.
(k) Job Retention. The job retention component is designed to assist
participants in retaining employment. Initial employment expenses and job
retention services are provided. The individual's support service needs are
assessed and the individual receives counseling regarding job retention skills.
(l) (Blank).
(l-5) Transitional Jobs. These programs provide temporary wage-paying work
combined with case management and other social services designed to address
employment barriers. The wage-paying work is treated as regular employment for
all
purposes under this Code, and the additional activities, as determined by the
Transitional
Jobs provider, shall be countable work activities. The program must comply with
the
anti-displacement provisions of this Code governing the Work Experience
program.
(m) Pay-after-performance Program. A parent may be required to
participate in a pay-after-performance program in which the parent must work a
specified number of hours to earn the grant. The program shall comply with
provisions of this Code governing work experience programs.
(n) Community Service. Community service includes unpaid work that the
client performs in his or her community, such as for a school, church,
government agency, or nonprofit organization.
(Source: P.A. 98-718, eff. 1-1-15 .)
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305 ILCS 5/9A-9.5
(305 ILCS 5/9A-9.5)
Sec. 9A-9.5. (Repealed).
(Source: P.A. 95-331, eff. 8-21-07. Repealed by P.A. 97-48, eff. 6-28-11.)
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305 ILCS 5/9A-10
(305 ILCS 5/9A-10) (from Ch. 23, par. 9A-10)
Sec. 9A-10.
Support Services.
(a) The Illinois Department shall provide or pay for
child care and other support services, if otherwise unavailable, to
enable recipients to participate
in or prepare for education, training and employment programs authorized
under this Article. The Illinois Department shall provide and pay for such
support services in accordance with procedures, standards and rates
established by rule.
(b) Support services may include:
(1) transportation;
(2) child care;
(3) job search allowance;
(4) initial employment expenses;
(5) required books, fees, supplies; and
(6) required physical examinations and medical | |
(c) Participation shall
not be required if support services are needed for effective
participation but unavailable from the Department or some other reasonably
available source. Support services shall be made available to the participant
at no cost.
(Source: P.A. 86-1184; 86-1381; 87-860.)
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305 ILCS 5/9A-11 (305 ILCS 5/9A-11) (from Ch. 23, par. 9A-11) Sec. 9A-11. Child care. (a) The General Assembly recognizes that families with children need child care in order to work. Child care is expensive and families with limited access to economic resources, including those who are transitioning from welfare to work, often struggle to pay the costs of day care. The General Assembly understands the importance of helping working families with limited access to economic resources become and remain self-sufficient. The General Assembly also believes that it is the responsibility of families to share in the costs of child care. It is also the preference of the General Assembly that all working families with limited access to economic resources should be treated equally, regardless of their welfare status. (b) To the extent resources permit, the Illinois Department shall provide child care services to parents or other relatives as defined by rule who are working or participating in employment or Department approved education or training programs. At a minimum, the Illinois Department shall cover the following categories of families: (1) recipients of TANF under Article IV participating | | in work and training activities as specified in the personal plan for employment and self-sufficiency;
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| (2) families transitioning from TANF to work;
(3) families at risk of becoming recipients of TANF;
(4) families with special needs as defined by rule;
(5) working families with very low incomes as defined
| | (6) families that are not recipients of TANF and that
| | need child care assistance to participate in education and training activities;
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| (7) youth in care, as defined in Section 4d of the
| | Children and Family Services Act, who are parents, regardless of income or whether they are working or participating in Department-approved employment or education or training programs. Any family that receives child care assistance in accordance with this paragraph shall receive one additional 12-month child care eligibility period after the parenting youth in care's case with the Department of Children and Family Services is closed, regardless of income or whether the parenting youth in care is working or participating in Department-approved employment or education or training programs;
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| (8) families receiving Extended Family Support
| | Program services from the Department of Children and Family Services, regardless of income or whether they are working or participating in Department-approved employment or education or training programs; and
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| (9) families with children under the age of 5 who
| | have an open intact family services case with the Department of Children and Family Services. Any family that receives child care assistance in accordance with this paragraph shall remain eligible for child care assistance 6 months after the child's intact family services case is closed, regardless of whether the child's parents or other relatives as defined by rule are working or participating in Department approved employment or education or training programs. The Department of Early Childhood, in consultation with the Department of Children and Family Services, shall adopt rules to protect the privacy of families who are the subject of an open intact family services case when such families enroll in child care services. Additional rules shall be adopted to offer children who have an open intact family services case the opportunity to receive an Early Intervention screening and other services that their families may be eligible for as provided by the Department of Human Services.
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| Beginning October 1, 2027, and every October 1 thereafter, the Department of Children and Family Services shall report to the General Assembly on the number of children who received child care via vouchers paid for by the Department of Early Childhood during the preceding fiscal year. The report shall include the ages of children who received child care, the type of child care they received, and the number of months they received child care.
The Department shall specify by rule the conditions of eligibility, the application process, and the types, amounts, and duration of services. Eligibility for child care benefits and the amount of child care provided may vary based on family size, income, and other factors as specified by rule.
The Department shall update the Child Care Assistance Program Eligibility Calculator posted on its website to include a question on whether a family is applying for child care assistance for the first time or is applying for a redetermination of eligibility.
A family's eligibility for child care services shall be redetermined no sooner than 12 months following the initial determination or most recent redetermination. During the 12-month periods, the family shall remain eligible for child care services regardless of (i) a change in family income, unless family income exceeds 85% of State median income, or (ii) a temporary change in the ongoing status of the parents or other relatives, as defined by rule, as working or attending a job training or educational program.
In determining income eligibility for child care benefits, the Department annually, at the beginning of each fiscal year, shall establish, by rule, one income threshold for each family size, in relation to percentage of State median income for a family of that size, that makes families with incomes below the specified threshold eligible for assistance and families with incomes above the specified threshold ineligible for assistance. Through and including fiscal year 2007, the specified threshold must be no less than 50% of the then-current State median income for each family size. Beginning in fiscal year 2008, the specified threshold must be no less than 185% of the then-current federal poverty level for each family size. Notwithstanding any other provision of law or administrative rule to the contrary, beginning in fiscal year 2019, the specified threshold for working families with very low incomes as defined by rule must be no less than 185% of the then-current federal poverty level for each family size. Notwithstanding any other provision of law or administrative rule to the contrary, beginning in State fiscal year 2022 through State fiscal year 2023, the specified income threshold shall be no less than 200% of the then-current federal poverty level for each family size. Beginning in State fiscal year 2024, the specified income threshold shall be no less than 225% of the then-current federal poverty level for each family size.
In determining eligibility for assistance, the Department shall not give preference to any category of recipients or give preference to individuals based on their receipt of benefits under this Code.
Nothing in this Section shall be construed as conferring entitlement status to eligible families.
The Illinois Department is authorized to lower income eligibility ceilings, raise parent co-payments, create waiting lists, or take such other actions during a fiscal year as are necessary to ensure that child care benefits paid under this Article do not exceed the amounts appropriated for those child care benefits. These changes may be accomplished by emergency rule under Section 5-45 of the Illinois Administrative Procedure Act, except that the limitation on the number of emergency rules that may be adopted in a 24-month period shall not apply.
The Illinois Department may contract with other State agencies or child care organizations for the administration of child care services.
(c) Payment shall be made for child care that otherwise meets the requirements of this Section and applicable standards of State and local law and regulation, including any requirements the Illinois Department promulgates by rule. Through June 30, 2026, the rules of this Section include licensure requirements adopted by the Department of Children and Family Services. On and after July 1, 2026, the rules of this Section include licensure requirements adopted by the Department of Early Childhood. In addition, the regulations of this Section include the Fire Prevention and Safety requirements promulgated by the Office of the State Fire Marshal, and is provided in any of the following:
(1) a child care center which is licensed or exempt
| | from licensure pursuant to Section 2.09 of the Child Care Act of 1969;
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| (2) a licensed child care home or home exempt from
| | (3) a licensed group child care home;
(4) other types of child care, including child care
| | provided by relatives or persons living in the same home as the child, as determined by the Illinois Department by rule.
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| (c-5) Solely for the purposes of coverage under the Illinois Public Labor Relations Act, child and day care home providers, including licensed and license exempt, participating in the Department's child care assistance program shall be considered to be public employees and the State of Illinois shall be considered to be their employer as of January 1, 2006 (the effective date of Public Act 94-320), but not before. The State shall engage in collective bargaining with an exclusive representative of child and day care home providers participating in the child care assistance program concerning their terms and conditions of employment that are within the State's control. Nothing in this subsection shall be understood to limit the right of families receiving services defined in this Section to select child and day care home providers or supervise them within the limits of this Section. The State shall not be considered to be the employer of child and day care home providers for any purposes not specifically provided in Public Act 94-320, including, but not limited to, purposes of vicarious liability in tort and purposes of statutory retirement or health insurance benefits. Child and day care home providers shall not be covered by the State Employees Group Insurance Act of 1971.
In according child and day care home providers and their selected representative rights under the Illinois Public Labor Relations Act, the State intends that the State action exemption to application of federal and State antitrust laws be fully available to the extent that their activities are authorized by Public Act 94-320.
(d) The Illinois Department shall establish, by rule, a co-payment scale that provides for cost sharing by families that receive child care services, including parents whose only income is from assistance under this Code. The co-payment shall be based on family income and family size and may be based on other factors as appropriate. Co-payments may be waived for families whose incomes are at or below the federal poverty level.
(d-5) The Illinois Department, in consultation with its Child Care and Development Advisory Council, shall develop a plan to revise the child care assistance program's co-payment scale. The plan shall be completed no later than February 1, 2008, and shall include:
(1) findings as to the percentage of income that the
| | average American family spends on child care and the relative amounts that low-income families and the average American family spend on other necessities of life;
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| (2) recommendations for revising the child care
| | co-payment scale to assure that families receiving child care services from the Department are paying no more than they can reasonably afford;
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| (3) recommendations for revising the child care
| | co-payment scale to provide at-risk children with complete access to Preschool for All and Head Start; and
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| (4) recommendations for changes in child care program
| | policies that affect the affordability of child care.
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| (e) (Blank).
(f) The Illinois Department shall, by rule, set rates to be paid for the various types of child care. Child care may be provided through one of the following methods:
(1) arranging the child care through eligible
| | providers by use of purchase of service contracts or vouchers;
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| (2) arranging with other agencies and community
| | volunteer groups for non-reimbursed child care;
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| (3) (blank); or
(4) adopting such other arrangements as the
| | Department determines appropriate.
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| (f-1) Within 30 days after June 4, 2018 (the effective date of Public Act 100-587), the Department of Human Services shall establish rates for child care providers that are no less than the rates in effect on January 1, 2018 increased by 4.26%.
(f-5) (Blank).
(g) Families eligible for assistance under this Section shall be given the following options:
(1) receiving a child care certificate issued by the
| | Department or a subcontractor of the Department that may be used by the parents as payment for child care and development services only; or
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| (2) if space is available, enrolling the child with a
| | child care provider that has a purchase of service contract with the Department or a subcontractor of the Department for the provision of child care and development services. The Department may identify particular priority populations for whom they may request special consideration by a provider with purchase of service contracts, provided that the providers shall be permitted to maintain a balance of clients in terms of household incomes and families and children with special needs, as defined by rule.
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| (Source: P.A. 102-491, eff. 8-20-21; 102-813, eff. 5-13-22; 102-926, eff. 5-27-22; 103-8, eff. 6-7-23; 103-594, eff. 6-25-24.)
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305 ILCS 5/9A-11.5 (305 ILCS 5/9A-11.5) Sec. 9A-11.5. Investigate child care providers. (a) Through June 30, 2026, any child care provider receiving funds from the child care assistance program under this Code who is not required to be licensed under the Child Care Act of 1969 shall, as a condition of eligibility to participate in the child care assistance program under this Code, authorize in writing on a form prescribed by the Department of Children and Family Services, periodic investigations of the Central Register, as defined in the Abused and Neglected Child Reporting Act, to ascertain if the child care provider has been determined to be a perpetrator in an indicated report of child abuse or neglect. The Department of Children and Family Services shall conduct an investigation of the Central Register at the request of the Department of Human Services. (a-5) On and after July 1, 2026, any child care provider receiving funds from the child care assistance program under this Code who is not required to be licensed under the Child Care Act of 1969 shall, as a condition of eligibility to participate in the child care assistance program under this Code, authorize in writing on a form prescribed by the Department of Early Childhood, periodic investigations of the Central Register, as defined in the Abused and Neglected Child Reporting Act, to ascertain if the child care provider has been determined to be a perpetrator in an indicated report of child abuse or neglect. (b) Any child care provider, other than a relative of the child, receiving funds from the child care assistance program under this Code who is not required to be licensed under the Child Care Act of 1969 shall, as a condition of eligibility to participate in the child care assistance program under this Code, authorize in writing a State and Federal Bureau of Investigation fingerprint-based criminal history record check to determine if the child care provider has ever been convicted of a crime with respect to which the conviction has not been overturned and the criminal records have not been sealed or expunged. Upon this authorization, the Department shall request and receive information and assistance from any federal or State governmental agency as part of the authorized criminal history record check. The Illinois State Police shall provide information concerning any conviction that has not been overturned and with respect to which the criminal records have not been sealed or expunged, whether the conviction occurred before or on or after the effective date of this amendatory Act of the 96th General Assembly, of a child care provider upon the request of the Department when the request is made in the form and manner required by the Illinois State Police. The Illinois State Police shall charge a fee not to exceed the cost of processing the criminal history record check. The fee is to be deposited into the State Police Services Fund. Any information concerning convictions that have not been overturned and with respect to which the criminal records have not been sealed or expunged obtained by the Department is confidential and may not be transmitted (i) outside the Department except as required in this Section or (ii) to anyone within the Department except as needed for the purposes of determining participation in the child care assistance program. A copy of the criminal history record check obtained from the Illinois State Police shall be provided to the unlicensed child care provider. (c) The Department shall by rule set standards for determining when to disqualify an unlicensed child care provider for payment because (i) there is an indicated finding against the provider based on the results of the Central Register search or (ii) there is a disqualifying criminal charge pending against the provider or the provider has a disqualifying criminal conviction that has not been overturned and with respect to which the criminal records have not been expunged or sealed based on the results of the fingerprint-based Illinois State Police and Federal Bureau of Investigation criminal history record check. In determining whether to disqualify an unlicensed child care provider for payment under this subsection, the Department shall consider the nature and gravity of any offense or offenses; the time that has passed since the offense or offenses or the completion of the criminal sentence or both; and the relationship of the offense or offenses to the responsibilities of the child care provider. (Source: P.A. 102-538, eff. 8-20-21; 103-594, eff. 6-25-24.) |
305 ILCS 5/9A-12
(305 ILCS 5/9A-12)
Sec. 9A-12.
(Repealed).
(Source: P.A. 89-641, eff. 8-9-96. Repealed by P.A. 92-111, eff. 1-1-02.)
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305 ILCS 5/9A-13
(305 ILCS 5/9A-13)
Sec. 9A-13.
Work activity; anti-displacement provisions.
(a) As used in this Section "work activity" means any workfare, earnfare,
pay-after-performance, work-off-the-grant, work experience, or other activity
under Section 9A-9 or any other Section of this
Code in which a
recipient of public assistance performs work for any employer as a condition of
receiving the public assistance, and the employer does not pay wages for the
work; or as any grant diversion, wage supplementation, or similar program in
which the public assistance grant is provided to the employer as a subsidy for
the wages of any recipient in its workforce.
(b) An employer may not utilize a work activity participant if such
utilization would result in:
(1) the displacement or partial displacement of | | current employees, including but not limited to a reduction in hours of non-overtime or overtime work, wages, or employment benefits; or
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(2) the filling of a position that would otherwise be
| | a promotional opportunity for current employees; or
|
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(3) the filling of a position created by or causing
| | termination, layoff, a hiring freeze, or a reduction in the workforce; or
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|
(4) the placement of a participant in any established
| |
(5) the performance of work by a participant if there
| | is a strike, lockout, or other labor dispute in which the employer is engaged.
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(c) An employer who wishes to utilize work activity participants shall,
at least 15 days prior to utilizing such participants, notify the
labor organization of the name, work location, and the duties to be performed
by the participant.
(d) The Department of Human Services shall establish a grievance procedure
for employees and labor organizations to utilize in the event of any alleged
violation of this Section. Notwithstanding the above, a labor organization
may utilize the established grievance or arbitration procedure in its
collective bargaining agreement to contest violations of this Section.
(Source: P.A. 92-111, eff. 1-1-02.)
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305 ILCS 5/9A-14
(305 ILCS 5/9A-14)
Sec. 9A-14. (Repealed).
(Source: P.A. 91-624, eff. 1-1-00. Repealed by P.A. 95-322, eff. 1-1-08.)
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305 ILCS 5/9A-15 (305 ILCS 5/9A-15) Sec. 9A-15. College education assistance; pilot program. (a) Subject to appropriation, the Department of Human Services shall establish a pilot program to provide recipients of assistance under Article IV with additional assistance in obtaining a post-secondary education degree to the extent permitted by the federal law governing the Temporary Assistance for Needy Families Program. This assistance may include, but is not limited to, moneys for the payment of tuition, but the Department may not use any moneys appropriated for the Temporary Assistance for Needy Families Program (TANF) under Article IV to pay for tuition under the pilot program. In addition to criteria, standards, and procedures related to post-secondary education required by rules applicable to the TANF program, the Department shall provide that the time that a pilot program participant spends in post-secondary classes shall apply toward the time that the recipient is required to spend in education, placement, and training activities under this Article. The Department shall define the pilot program by rule, including a determination of its duration and scope, the nature of the assistance to be provided, and the criteria, standards, and procedures for participation. (b) The Department shall enter into an interagency agreement with the Illinois Student Assistance Commission for the administration of the pilot program. (c) The Department shall evaluate the pilot program and report its findings and recommendations after 2 years of its operation to the Governor and the General Assembly, including proposed rules to modify or extend the pilot program beyond the scope and schedule upon which it was originally established.
(Source: P.A. 94-371, eff. 1-1-06; 95-331, eff. 8-21-07.) |
305 ILCS 5/9A-16 (305 ILCS 5/9A-16) Sec. 9A-16. Work activity; applicable minimum wage. The State or federal minimum wage, whichever is higher, shall be used to calculate the required number of hours of participation in any earnfare or pay-after-performance activity under Section 9A-9 or any other Section of this Code in which a recipient of public assistance performs work as a condition of receiving the public assistance and the recipient is not paid wages for the work.
(Source: P.A. 94-533, eff. 8-10-05; 95-331, eff. 8-21-07.) |
305 ILCS 5/9A-17 (305 ILCS 5/9A-17) (Section scheduled to be repealed on July 1, 2026) Sec. 9A-17. Smart Start Child Care Program. Subject to appropriation, the Department of Human Services shall establish the Smart Start Child Care Program. The Smart Start Child Care Program shall focus on creating affordable child care, as well as increasing access to child care, for Illinois residents and may include, but is not limited to, providing funding to increase preschool availability, providing funding for childcare workforce compensation or capital investments, and expanding funding for Early Childhood Access Consortium for Equity Scholarships. The Department shall establish program eligibility criteria, participation conditions, payment levels, and other program requirements by rule. The Department of Human Services may consult with the Capital Development Board, the Department of Commerce and Economic Opportunity, and the Illinois Housing Development Authority in the management and disbursement of funds for capital-related projects. The Capital Development Board, the Department of Commerce and Economic Opportunity, and the Illinois Housing Development Authority shall act in a consulting role only for the evaluation of applicants, scoring of applicants, or administration of the grant program. This Section is repealed on July 1, 2026. (Source: P.A. 103-8, eff. 6-7-23; 103-594, eff. 6-25-24.) |
305 ILCS 5/Art. X
(305 ILCS 5/Art. X heading)
ARTICLE X. DETERMINATION AND ENFORCEMENT OF
SUPPORT RESPONSIBILITY OF RELATIVES
(Source: P.A. 103-154, eff. 6-30-23.) |
305 ILCS 5/10-1
(305 ILCS 5/10-1) (from Ch. 23, par. 10-1)
Sec. 10-1. Declaration of public policy; persons eligible for child support
enforcement services; fees for non-applicants and
non-recipients. It is the intent of this Code that the financial aid
and social welfare services herein provided supplement rather than
supplant the primary and continuing obligation of the family unit for
self-support to the fullest extent permitted by the resources available
to it. This primary and continuing obligation applies whether the family
unit of parents and children or of husband and wife remains intact and
resides in a common household or whether the unit has been broken by
absence of one or more members of the unit. The obligation of the
family unit is particularly applicable when a member is in necessitous
circumstances and lacks the means of a livelihood compatible with health
and well-being.
It is the purpose of this Article to provide for locating an absent
parent or spouse, for determining his financial circumstances, and for
enforcing his legal obligation of support, if he is able to furnish
support, in whole or in part. The Department of Healthcare and Family Services shall give
priority to establishing, enforcing,
and collecting the current support obligation, and then to past due support
owed to the family unit, except with respect to collections effected
through the intercept programs provided for in this Article. The establishment or enforcement actions provided in this Article do not require a previous court order for custody/allocation of parental responsibilities.
The child support enforcement services provided hereunder
shall be
furnished dependents of an absent parent or spouse who are applicants
for or recipients of financial aid under this Code. It is not,
however, a condition of eligibility for financial aid that there be no
responsible relatives who are reasonably able to provide support. Nor,
except as provided in Sections 4-1.7 and 10-8, shall the existence of
such relatives or their payment of support contributions disqualify a
needy person for financial aid.
By accepting financial aid under this Code, a spouse or a parent or
other person having physical or legal custody of a child shall be deemed to have made
assignment to the Illinois Department for aid under Articles III, IV,
V, and VII or to a local governmental unit for aid under Article VI of
any and all rights, title, and interest in any support obligation, including statutory interest thereon, up to
the amount of financial aid provided. The rights to support assigned to
the Department of Healthcare and Family Services (formerly
Illinois Department of Public Aid) or local governmental unit shall
constitute an
obligation owed the State or local governmental unit by the person who
is responsible for providing the support, and shall be collectible under
all applicable processes.
The Department of Healthcare and Family Services shall also furnish the child support enforcement services established under this Article in
behalf of persons who
are not applicants for or recipients of financial aid
under this Code in accordance with the requirements of Title IV, Part D of the
Social Security Act. The Department may
establish a schedule of reasonable fees, to be paid for the services
provided and may deduct a collection fee, not to exceed 10% of the amount
collected, from such collection.
The
Department of Healthcare and Family Services shall cause to be published and
distributed publications
reasonably calculated to inform the public that individuals who are not
recipients of or applicants for public aid under this Code are eligible
for the child support enforcement services under this
Article X. Such
publications
shall set forth an explanation, in plain language, that the child
support enforcement services program is independent of any public
aid program under the Code and that the receiving of child
support
enforcement services in no way implies that the person
receiving such services is receiving
public aid.
(Source: P.A. 102-541, eff. 8-20-21; 102-813, eff. 5-13-22.)
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305 ILCS 5/10-2
(305 ILCS 5/10-2) (from Ch. 23, par. 10-2)
Sec. 10-2. Extent of liability. A husband is liable for the support of his
wife and a wife for the support of her husband. Unless the child is otherwise
emancipated, the parents are severally liable for the support of any child
under age 18, and for any child aged 18 who is attending high school, until
that child graduates from high school, or attains the age of 19, whichever is
earlier. The term "child" includes a child born out of wedlock, or legally
adopted child.
The liability for the support of a child provided for in this Article does not require a previous court order for custody and is in conjunction with the guidelines set forth in Section 505 of the Illinois Marriage and Dissolution of Marriage Act, as provided for in Section 10-10 of this Article. The obligation to support contained in this Article is concurrent to any other appropriate State law. This Article does not create, enlarge, abrogate, or diminish parental rights or duties under other laws of this State, including the common law. An action to establish or enforce a support obligation, under this or any other Act providing for the support of a child, may be brought subsequent to an adjudication dismissing that action based on any of the following reasons: (1) no duty of support exists under this Article because this Article requires a previous court order for custody/allocation of parental responsibilities (as no such requirement exists under this Act); (2) there is no common law duty of support (as a common law duty of support is recognized as a valid basis for child support); or (3) there is no duty of support under the Illinois Parentage Act of 2015 because a judgment of paternity results in a de facto custody/allocation of parental responsibilities order (as this ignores the cumulative nature of the Act and the plain language of the statute permitting an explicit reservation of the issue. The Illinois Parentage Act of 2015 will be clarified regarding a de facto custody/allocation of parental responsibilities order as it relates to the Uniform Interstate Family Support Act). In addition to the primary obligation of support imposed upon
responsible relatives, such relatives, if individually or together in any
combination they have sufficient income or other resources to support a
needy person, in whole or in part, shall be liable for any financial aid
extended under this Code to a person for whose support they are
responsible, including amounts expended for funeral and burial costs.
(Source: P.A. 102-541, eff. 8-20-21.)
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305 ILCS 5/10-3
(305 ILCS 5/10-3) (from Ch. 23, par. 10-3)
Sec. 10-3.
Standard and Regulations for Determining Ability to Support.
The Illinois Department shall establish a standard by which shall be
measured the ability of responsible relatives to provide support, and shall
implement the standard by rules governing its application. The standard and
the rules shall take into account the buying and consumption patterns of
self-supporting persons of modest income, present or future contingencies
having direct bearing on maintenance of the relative's self-support status
and fulfillment of his obligations to his immediate family, and any unusual
or exceptional circumstances including estrangement or other personal or
social factors, that have a bearing on family relationships and the
relative's ability to meet his support obligations. The standard shall be
recomputed periodically to reflect changes in the cost of living and other
pertinent factors.
In addition to the standard, the Illinois Department may
establish guidelines to be used exclusively to measure the ability of
responsible relatives to provide support on behalf of applicants for or
recipients of financial aid under Article IV of this Act and other persons
who are given access to the child support enforcement
services of this
Article as provided in Section 10-1. In such case, the Illinois Department
shall base the guidelines upon the applicable provisions of Sections 504,
505 and 505.2 of the Illinois Marriage and Dissolution of Marriage Act, as
amended, and shall implement such guidelines by rules governing
their application.
The term "administrative enforcement unit", when used
in this Article, means local governmental units or the Child and Spouse Support
Unit established under Section 10-3.1 when exercising the powers designated in
this Article. The administrative enforcement unit shall apply the standard
or guidelines, rules and procedures provided for by this Section and Sections
10-4 through 10-8 in determining the ability of responsible relatives to
provide support for applicants for or recipients of financial aid under
this Code, except that the administrative enforcement unit may apply such
standard or guidelines, rules and procedures at its discretion with
respect to those applicants for or recipients of financial aid under
Article IV and other persons who are given access to the child
support enforcement services of this Article as provided by Section 10-1.
(Source: P.A. 92-590, eff. 7-1-02; 92-651, eff. 7-11-02.)
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305 ILCS 5/10-3.1
(305 ILCS 5/10-3.1) (from Ch. 23, par. 10-3.1)
Sec. 10-3.1. Child and Spouse Support Unit. The Illinois
Department shall establish within its administrative staff a Child and
Spouse Support Unit to search for and locate absent parents and spouses
liable for the support of persons resident in this State and to exercise
the support enforcement powers and responsibilities assigned the
Department by this Article. The unit shall cooperate with all law
enforcement officials in this State and with the authorities of other
States in locating persons responsible for the support of persons
resident in other States and shall invite the cooperation of these
authorities in the performance of its duties.
In addition to other duties assigned the Child and Spouse Support Unit
by this Article, the Unit may refer to the Attorney General or units of
local government with the approval of the Attorney General, any actions
under Sections 10-10 and 10-15 for judicial enforcement of the support
liability. The Child and Spouse Support Unit shall act for the Department
in referring to the Attorney General support matters requiring judicial
enforcement under other laws. If requested by the Attorney General to so
act, as provided in Section 12-16, attorneys of the Unit may assist the
Attorney General or themselves
institute actions on behalf of the Illinois Department
under the Revised Uniform Reciprocal Enforcement of Support
Act; under the Illinois Parentage Act of
1984 or under the Illinois Parentage Act of 2015; under
the Non-Support of Spouse and Children Act; under the Non-Support Punishment
Act;
or under any other law, State or
Federal, providing for support
of a spouse or dependent child.
The Illinois Department shall also have the authority to enter into
agreements with local governmental units or individuals, with the approval
of the Attorney General, for the collection of moneys owing
because of the failure of a
parent to make child support payments for any child receiving services
under this Article. Such agreements may be on a contingent
fee basis, but such contingent fee shall not exceed 25% of the total amount
collected.
An attorney who provides representation pursuant to this Section shall
represent the
Illinois Department exclusively. Regardless of
the designation of the plaintiff in an action brought pursuant to this Section,
an attorney-client relationship does not exist for purposes of that
action between that attorney
and (i) an applicant for or recipient of child support
enforcement services or
(ii) any other party to the action other than the Illinois Department. Nothing
in this Section shall be construed to modify any power or duty (including a
duty to maintain confidentiality) of the Child and Spouse Support Unit or the
Illinois Department otherwise provided by law.
The Illinois Department may also enter into agreements with local
governmental units for the Child and Spouse Support Unit to exercise the
investigative and enforcement powers designated in this Article,
including the issuance of administrative orders under Section 10-11, in
locating responsible relatives and obtaining support for persons
applying for or receiving aid under Article VI.
Payments for
defrayment of administrative costs and support payments obtained shall
be deposited into the DHS Recoveries Trust Fund. Support
payments shall be paid over to the General Assistance Fund of the local
governmental unit at such time or times as the agreement may specify.
With respect to those cases in which it has support enforcement powers
and responsibilities under this Article, the Illinois Department may provide
by rule for periodic or other review of each administrative and court order
for support to determine whether a modification of the order should be
sought. The Illinois Department shall provide for and conduct such review
in accordance with any applicable federal law and regulation.
As part of its process for review of orders for support, the Illinois
Department, through written notice, may require the responsible relative to
disclose his or her Social Security Number and past and present information
concerning the relative's address, employment, gross wages, deductions from
gross wages, net wages, bonuses, commissions, number of dependent exemptions
claimed, individual and dependent health insurance coverage, and any other
information necessary to determine the relative's ability to provide support in
a case receiving child support enforcement services under
this Article X.
The Illinois Department may send a written request
for the same information to the relative's employer. The employer shall
respond to the request for information within 15 days after the date the
employer receives the request. If the employer willfully fails to fully
respond within the 15-day period, the employer shall pay a penalty of $100 for
each day that the response is not provided to the Illinois Department after the
15-day period has expired. The penalty may be collected in a civil action
which may be brought against the employer in favor of the Illinois Department.
A written request for information sent to an employer pursuant to this
Section shall consist of (i) a citation of this Section as the statutory
authority for the request and for the employer's obligation to provide the
requested information, (ii) a returnable form setting forth the employer's name
and address and listing the name of the employee with respect to whom
information is requested, and (iii) a citation of this Section as the statutory
authority authorizing the employer to withhold a fee of up to $20 from the
wages or income to be paid to each responsible relative for providing the
information to the Illinois Department within the 15-day period. If the
employer is
withholding support payments from the responsible relative's income pursuant to
an order for withholding, the employer may withhold the fee provided for in
this Section only after withholding support as required under the order. Any
amounts withheld from the responsible relative's income for payment of support
and the fee provided for in this Section shall not be in excess of the amounts
permitted under the federal Consumer Credit Protection Act.
In a case receiving child support enforcement services,
the Illinois
Department may request and obtain information from a particular employer under
this Section no more than once in any 12-month period, unless the information
is necessary to conduct a review of a court or
administrative order for support at the request of the person receiving child support enforcement services.
The Illinois Department shall establish and maintain an administrative unit
to receive and transmit to the Child and Spouse Support Unit information
supplied by persons applying for or receiving child support
enforcement services
under Section 10-1. In addition, the Illinois Department shall address and
respond to any alleged deficiencies that persons receiving or applying for
services from the Child and Spouse Support Unit may identify concerning the
Child and Spouse Support Unit's provision of child support
enforcement services.
Within 60 days after an action or failure to act by the Child and Spouse
Support Unit that affects his or her case, a recipient of or applicant for
child support enforcement services under Article X of this
Code may request an
explanation of the Unit's handling of the case. At the requestor's option, the
explanation may be provided either orally in an interview, in writing, or both.
If the Illinois Department fails to respond to the request for an explanation
or fails to respond in a manner satisfactory to the applicant or recipient
within 30 days from the date of the request for an explanation, the
applicant or recipient may request a conference for further review of the
matter by the Office of the Administrator of the Child and Spouse Support Unit.
A request for a conference may be submitted at any time within 60 days after
the explanation has been provided by the Child and Spouse Support Unit or
within 60 days after the time for providing the explanation has expired.
The applicant or recipient may request a conference concerning any decision
denying or terminating child support enforcement services
under Article X of this Code, and the applicant or recipient may also request a
conference concerning the
Unit's failure to provide services or the provision of services in an amount or
manner that is considered inadequate. For purposes of this Section, the Child
and Spouse Support Unit includes all local governmental units or individuals
with whom the Illinois Department has contracted
under Section
10-3.1.
Upon receipt of a timely request for a conference, the Office of the
Administrator shall review the case. The applicant or recipient requesting
the conference shall be entitled, at his or her option, to appear in person or
to participate in the conference by telephone. The applicant or recipient
requesting the conference shall be entitled to be represented and to be
afforded a reasonable opportunity to review the Illinois Department's file
before or at the conference. At the conference, the applicant or recipient
requesting the conference shall be afforded an opportunity to present all
relevant matters in support of his or her claim. Conferences shall be without
cost to the applicant or recipient requesting the conference and shall be
conducted by a representative of the Child or Spouse Support Unit who did not
participate in the action or inaction being reviewed.
The Office of the Administrator shall conduct a conference and inform all
interested parties, in
writing, of the results of the conference within 60 days from the date of
filing of the request for a conference.
In addition to its other powers and responsibilities established by this
Article, the Child and Spouse Support Unit shall conduct an annual assessment
of each institution's program for institution based paternity establishment
under Section 12 of the Vital Records Act.
(Source: P.A. 99-85, eff. 1-1-16 .)
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305 ILCS 5/10-3.2
(305 ILCS 5/10-3.2) (from Ch. 23, par. 10-3.2)
Sec. 10-3.2.
Parent Locator Service.
The Illinois Department through
its Child and Spouse Support Unit shall enter into agreements with the
Secretary
of Health and Human Services or his designee under which the services of
the federal Parent Locator Service established by the Social Security Act
are made available to this State and the Illinois Department for the purpose
of locating an absent parent or child when the child has been abducted or
otherwise improperly removed or retained from the physical custody of a
parent or other person entitled to custody of the child, or in connection
with the making or enforcing of a child custody determination in custody
proceedings instituted under the Uniform
Child Custody Jurisdiction Act or the Uniform Child-Custody Jurisdiction
and Enforcement Act,
or otherwise in accordance with law.
The Illinois Department shall provide general information to the public
about the availability and
use of the Parent Locator Service in relation to child abduction and
custody determination proceedings, shall promptly respond to inquiries made
by those parties specified by federal regulations upon receipt of
information as to the location of an absent parent or child from the
federal Parent Locator Service and shall maintain accurate records as to
the number of such inquiries received and processed by the Department.
(Source: P.A. 93-108, eff. 1-1-04.)
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305 ILCS 5/10-3.3
(305 ILCS 5/10-3.3)
Sec. 10-3.3. Locating support obligor and others; penalties.
(a) Upon request by the Child and Spouse Support Unit, employers, labor
unions, cellular telephone companies, and telephone companies shall
provide
location information concerning putative fathers and noncustodial parents for
the purpose of establishing a child's paternity or establishing, enforcing, or
modifying a child support obligation. In this Section, "location information"
means information about (i) the physical whereabouts, including, but not limited to, the home address, home telephone number, cellular telephone number, and e-mail address of a putative father or
noncustodial parent, (ii) the putative father or noncustodial parent's
employer, or
(iii) the salary, wages, and other
compensation paid and the health insurance coverage provided to the putative
father or noncustodial parent by the employer of the putative father or
noncustodial parent
or by a labor union of which the putative father or noncustodial parent is a
member. As used in this Section, "cellular telephone company" includes a cellular telephone or wireless carrier or provider, but does not include a pre-paid wireless carrier or provider. As used in this Section, "physical whereabouts" does not include real time or historical location tracking information.
An employer, labor union, cellular telephone company, or telephone company shall respond to
the request of the Child and Spouse Support Unit within 15 days after
receiving the request. Any
employer, labor union, cellular telephone company, or telephone company that
willfully fails to fully respond within the 15-day period shall be subject to a
penalty of $100 for each day that the response is not provided to the Illinois
Department after the 15-day period has expired. The penalty may be collected
in a civil action, which may be brought against the employer, labor
union, cellular telephone company, or telephone company in
favor of the Illinois Department.
(b) Upon being served with an administrative subpoena as authorized under
this
Code, a utility
company or cable television company must provide location information to the
Child and Spouse
Support Unit for the purpose of establishing a child's paternity or
establishing, enforcing, or
modifying a child support obligation.
(c) Notwithstanding the provisions of any other State or local law to the
contrary, an
employer, labor union, cellular telephone company, telephone company, utility company, or cable television
company shall
not be liable to any person for disclosure of location information under the
requirements of this
Section, except for willful and wanton misconduct.
(Source: P.A. 100-487, eff. 6-1-18 .)
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305 ILCS 5/10-3.4
(305 ILCS 5/10-3.4)
Sec. 10-3.4. Obtaining location information.
(a) The Illinois Department shall enter into agreements with the Illinois State Police and the Secretary of State to obtain location information on
persons for the purpose of establishing paternity, and establishing, modifying,
and enforcing child support obligations.
(b) Upon request, the Illinois Department shall provide information obtained
pursuant to this Section to federal agencies and other states' agencies
conducting child support enforcement activities under Title IV, Part D of the
Social Security Act.
(Source: P.A. 102-538, eff. 8-20-21.)
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305 ILCS 5/10-4
(305 ILCS 5/10-4) (from Ch. 23, par. 10-4)
Sec. 10-4. Notification of Support Obligation. The administrative enforcement unit within the authorized area of its
operation shall notify each responsible relative of an applicant or recipient,
or responsible relatives of other persons given access to the child support
enforcement services
of this Article, of his legal obligation to support and shall request such
information concerning his financial status as may be necessary to
determine whether he is financially able to provide such support, in whole
or in part. In cases involving a child born out of wedlock, the notification
shall include a statement that the responsible relative has been named as the
biological father of the child identified in the notification.
In the case of applicants, the notification shall be sent as soon as
practical after the filing of the application. In the case of recipients,
the notice shall be sent at such time as may be established by rule of the
Illinois Department.
The notice shall be accompanied by the forms or questionnaires provided
in Section 10-5. It shall inform the relative that he may be liable for
reimbursement of any support furnished from public aid funds prior to
determination of the relative's financial circumstances, as well as for
future support.
In the alternative, when support is sought on
behalf of applicants for or
recipients of financial aid under Article IV of this Code and other persons who
are given access to the child support enforcement services
of this Article as
provided in Section 10-1, the notice shall inform the relative that the
relative may be required to pay support for a period before the date an
administrative support order is entered, as well as future support.
Neither the mailing nor receipt of such notice shall be deemed a
jurisdictional requirement for the subsequent exercise of the investigative
procedures undertaken by an administrative enforcement unit or the entry of
any order or determination of paternity or support or reimbursement
by the
administrative enforcement unit; except that notice shall be served by
certified mail addressed to the responsible relative at his or her last
known address, return receipt requested, or by a person who is licensed or registered as a private detective under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004 or by a registered employee of a private detective agency certified under that Act, or in counties with a population of less than 2,000,000 by any method provided by law
for service of summons, in cases where a determination of paternity or
support by default is sought on
behalf of applicants for or recipients of financial aid under Article IV
of this Act and other persons who are given access to the child
support enforcement services of this Article as provided in Section 10-1.
(Source: P.A. 94-92, eff. 6-30-05; 95-613, eff. 9-11-07.)
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305 ILCS 5/10-5
(305 ILCS 5/10-5) (from Ch. 23, par. 10-5)
Sec. 10-5. Declarations by Responsible Relatives-Penalty.
Information requested of responsible relatives shall be submitted on
forms or questionnaires prescribed by the Illinois Department or local
governmental units, as the case may be, and shall contain a written
declaration to be signed by the relative in substantially the following
form:
"I declare under penalties of perjury that I have examined this form
(or questionnaire) and all accompanying statements or documents pertaining
to my income, resources, or any other matter having bearing upon my status
and ability to provide support, and to the best of my knowledge and belief
the information supplied is true, correct, and complete".
A person who makes and subscribes a form or questionnaire which
contains, as hereinabove provided, a written declaration that it is made
under the penalties of perjury, knowing it to be false, incorrect or
incomplete, in respect to any material statement or representation bearing
upon his status as a responsible relative, or upon his income, resources,
or other matter concerning his ability to provide support, shall be subject
to the penalties for perjury provided for in Section 32-2 of the Criminal
Code of 2012.
(Source: P.A. 97-1150, eff. 1-25-13.)
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305 ILCS 5/10-6
(305 ILCS 5/10-6) (from Ch. 23, par. 10-6)
Sec. 10-6.
Investigation and Determination.
The administrative enforcement unit shall review the forms or
questionnaires returned by each responsible relative and supplement the
information provided therein, where required, by such additional
consultations with the responsible relative and such other investigations
as may be necessary, including genetic testing if paternity is an issue
and, applying the standard or guidelines and
regulations established by the Illinois Department, shall determine whether
and the extent to which, the responsible relative individually or together
in any combination, are reasonably able to provide support.
If the child was born out of wedlock and the case is subject to the voluntary
acknowledgment of paternity or
the administrative determination of paternity under rules established under
Section
10-17.7, the Child and Spouse Support Unit of the Illinois Department shall
determine the child support obligation under subsection (b) of Section 10-7
upon establishing the child's paternity.
If the child's paternity was established by judicial or administrative
process in any other state, the Illinois Department may use administrative
processes contained in this Article X to establish a child support order.
In aid of its investigative authority, the
Child and Spouse Support Unit of the
Illinois Department may use the subpoena power as set forth in
this Article.
The Illinois Department, by rule, may authorize the administrative
enforcement units to conduct periodic or other reinvestigations and
redeterminations of the financial ability of responsible relatives. Any
redeterminations shall have the effect of altering, amending, or modifying
previous determinations and administrative orders entered pursuant to
Sections 10-7 and 10-11. However, any redetermination which
establishes liability for support or reimbursement, or which modifies the
support or reimbursement liability specified in a prior order, shall be
subject to the provisions of Section 10-12 and the administrative and
judicial review procedures herein provided for original orders.
(Source: P.A. 89-641, eff. 8-9-96; 90-18, eff. 7-1-97.)
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305 ILCS 5/10-7
(305 ILCS 5/10-7) (from Ch. 23, par. 10-7)
Sec. 10-7.
Notice of support due.
(a) When an administrative enforcement unit has determined that a
responsible relative is financially able to contribute to the support of an
applicant or recipient, the responsible relative shall be notified by
mailing him a copy of the determination by United States registered or
certified mail, advising him of his legal obligation to make support
payments for such period or periods of time, definite in duration or
indefinite, as the circumstances require. The notice shall direct payment
as provided in Section 10-8. Where applicable, the determination and
notice may include a demand for reimbursement for emergency aid granted an
applicant or recipient during the period between the application and
determination of the relative's obligation for support and for aid granted
during any subsequent period the responsible relative was financially able
to provide support but failed or refused to do so.
(b) In the alternative, when support is sought on behalf of
applicants
for or recipients of financial aid under Article IV of this Act and other
persons who are given access to the child support
enforcement services of this
Article as provided in Section 10-1, the administrative enforcement unit shall
not be required to send the notice and may enter an administrative order
immediately under the provisions of Section 10-11. The order shall be based
upon the determination made under the provisions of Section 10-6 or, in
instances of default, upon the needs of the persons for
whom support is sought.
In addition to requiring payment of future support, the administrative order
may require payment of support for a period before the date the order is
entered. The
amount of support to be paid for the prior period shall be determined under the
guidelines established by the Illinois Department pursuant to Section 10-3.
The order shall
direct payment as provided in Section 10-10.
(Source: P.A. 92-590, eff. 7-1-02.)
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305 ILCS 5/10-8
(305 ILCS 5/10-8) (from Ch. 23, par. 10-8)
Sec. 10-8.
Support Payments - Partial Support - Full Support.
The
notice to responsible relatives issued pursuant to Section 10-7 shall
direct payment (a) to the Illinois Department in cases of applicants and
recipients under Articles III, IV, V and VII, (b) except as provided in
Section 10-3.1, to the local governmental unit in the case of applicants
and recipients under Article VI, and (c) to the Illinois
Department in cases of non-applicants and non-recipients given access to
the child support enforcement services of this Article, as
provided by
Section 10-1. However, if the support payments by responsible relatives
are sufficient to meet needs of a recipient in full, including current
and anticipated medical needs, and the Illinois Department or the local
governmental unit, as the case may be, has reasonable grounds to believe
that such needs will continue to be provided in full by the responsible
relatives, the relatives may be directed to make subsequent support
payments to the needy person or to some person or agency in his behalf
and the recipient shall be removed from the rolls. In such instance the
recipient also shall be notified by registered or certified mail of the
action taken. If a recipient removed from the rolls requests the
Illinois Department to continue to collect the support payments in his
behalf, the Department, at its option, may do so and pay amounts so
collected to the person. The Department may provide for deducting any
costs incurred by it in making the collection from the amount of any
recovery made and pay only the net amount to the person.
Payments under this Section to the Illinois Department pursuant to the
Child Support Enforcement Program established by Title IV-D of the Social
Security Act shall be paid into the Child Support Enforcement Trust Fund.
All payments under this Section to the Illinois Department of Human
Services shall be deposited in the DHS Recoveries
Trust Fund. Disbursements from these funds shall be as provided in Sections
12-9.1 and 12-10.2 of this Code. Payments received by a local
governmental unit shall be deposited in that unit's General Assistance Fund.
To the extent the provisions of this Section are inconsistent with the
requirements pertaining to the State Disbursement Unit under Sections 10-10.4
and 10-26 of this Code, the requirements pertaining to the State Disbursement
Unit shall apply.
(Source: P.A. 91-24, eff. 7-1-99; 91-212, eff. 7-20-99; 92-16, eff.
6-28-01; 92-590, eff. 7-1-02.)
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305 ILCS 5/10-8.1
(305 ILCS 5/10-8.1)
Sec. 10-8.1. Temporary order for child support. Notwithstanding any other
law to the contrary, pending the outcome of an
administrative determination of parentage, the Illinois Department shall issue
a temporary order for child support, upon motion by a party and a showing of
clear and convincing evidence of paternity. In determining the amount of the
temporary child support award, the Illinois Department shall use the
guidelines and standards set forth in subsection (a) of Section 505 and in
Section 505.2 of the Illinois Marriage and Dissolution of Marriage Act.
Any new or existing support order entered by the Illinois Department under
this Section shall be deemed to be a series of judgments against the person
obligated to pay support thereunder, each such judgment to be in the amount of
each payment or installment of support and each judgment to be deemed entered
as of the date the corresponding payment or installment becomes due under the
terms of the support order. Each such judgment shall have
the full force, effect, and attributes of any other judgment of this State,
including the ability to be enforced. Any such judgment is subject to
modification or termination only in accordance with Section 510 of the
Illinois Marriage and Dissolution of Marriage Act.
Notwithstanding any other State or local law to the contrary, a lien arises by operation of law against the real and personal property of the
noncustodial parent for each
installment of overdue support owed by the noncustodial parent.
All orders for support entered or modified in a case in which a party is
receiving child support enforcement services under this
Article X shall include
a provision requiring the non-custodial parent to notify the Illinois
Department, within 7 days, (i) of the name, address, and telephone number of
any new
employer of the non-custodial parent, (ii) whether the non-custodial parent has
access to health insurance coverage through the employer or other group
coverage, and, if so, the policy name and number and the names of persons
covered under the policy, and (iii) of any new residential or mailing address
or telephone number of the non-custodial parent.
In any subsequent action to enforce a support order, upon sufficient showing
that diligent effort has been made to ascertain the location of the
non-custodial parent, service of process or provision of notice necessary in
that action may be made at the last known address of the non-custodial parent,
in any manner expressly provided by the Code of
Civil Procedure or this Act, which service shall be sufficient for purposes of
due process.
An order for support shall include a date on which the current support
obligation terminates. The termination date shall be no earlier than the date
on which the child covered by the order will attain the age of
18. However, if the child will not graduate from high school until after
attaining the age
of 18, then the termination date shall be no earlier than the earlier of the
date on which
the child's high school graduation will occur or the date on which the child
will attain the
age of 19. The order for support shall state that the termination
date does not apply to any arrearage that may remain unpaid on that date.
Nothing in this paragraph shall be construed to prevent the Illinois Department
from modifying the order or terminating the order in the event the child is
otherwise emancipated.
If there is an unpaid arrearage or delinquency (as those terms are defined in the Income Withholding for Support Act) equal to at least one month's support obligation on the termination date stated in the order for support or, if there is no termination date stated in the order, on the date the child attains the age of majority or is otherwise emancipated, then the periodic amount required to be paid for current support of that child immediately prior to that date shall automatically continue to be an obligation, not as current support but as periodic payment toward satisfaction of the unpaid arrearage or delinquency. That periodic payment shall be in addition to any periodic payment previously required for satisfaction of the arrearage or delinquency. The total periodic amount to be paid toward satisfaction of the arrearage or delinquency may be enforced and collected by any method provided by law for the enforcement and collection of child support, including but not limited to income withholding under the Income Withholding for Support Act. Each order for support entered or modified on or after the effective date of this amendatory Act of the 93rd General Assembly must contain a statement notifying the parties of the requirements of this paragraph. Failure to include the statement in the order for support does not affect the validity of the order or the operation of the provisions of this paragraph with regard to the order. This paragraph shall not be construed to prevent or affect the establishment or modification of an order for the support of a minor child or the establishment or modification of an order for the support of a non-minor child or educational expenses under Section 513 of the Illinois Marriage and Dissolution of Marriage Act.
(Source: P.A. 97-186, eff. 7-22-11.)
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305 ILCS 5/10-9
(305 ILCS 5/10-9) (from Ch. 23, par. 10-9)
Sec. 10-9.
Alternative Actions to Enforce Support.
If a responsible relative fails or refuses to furnish support, or
contributes less than the amount indicated by the determination, the
administrative enforcement unit shall take action to enforce support in
accordance with Section 10-10 or Section 10-11.
(Source: Laws 1967, p. 122 .)
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305 ILCS 5/10-9.5 (305 ILCS 5/10-9.5) Sec. 10-9.5. Access to records. In any hearing, case, appeal, or other matter arising out of the provisions concerning the determination and enforcement of the support responsibility of relatives, an obligor or obligee, or their legal representatives, shall be entitled to review any case records in the possession of the Illinois Department of Healthcare and Family Services, the State Disbursement Unit, or a circuit clerk with regard to that obligor or obligee that are able to prove any matter relevant to the hearing, case, appeal, or other matter if access to the record or portion of the record is authorized by 42 U.S.C. 654.
(Source: P.A. 95-685, eff. 10-23-07.) |
305 ILCS 5/10-10
(305 ILCS 5/10-10) (from Ch. 23, par. 10-10)
Sec. 10-10. Court enforcement; applicability also to persons who are
not applicants or recipients. Except where the Illinois Department, by
agreement, acts for the local governmental unit, as provided in Section
10-3.1, local governmental units shall refer to the State's Attorney or
to the proper legal representative of the governmental unit, for
judicial enforcement as herein provided, instances of non-support or
insufficient support when the dependents are applicants or recipients
under Article VI. The Child and Spouse Support Unit
established by Section 10-3.1 may institute in behalf of the Illinois
Department any actions under this Section for judicial enforcement of
the support liability when the dependents are (a) applicants or
recipients under Articles III, IV, V or VII; (b) applicants or recipients
in a local governmental unit when the Illinois Department, by agreement,
acts for the unit; or (c) non-applicants or non-recipients who are
receiving child support enforcement services under this Article X, as
provided
in Section 10-1. Where the Child and Spouse Support Unit has exercised
its option and discretion not to apply the provisions of Sections 10-3 through
10-8, the failure by the Unit to apply such provisions shall not be a bar
to bringing an action under this Section.
Action shall be brought in the circuit court to obtain support, or
for the recovery of aid granted during the period such support was not
provided, or both for the obtainment of support and the recovery of the
aid provided. Actions for the recovery of aid may be taken separately
or they may be consolidated with actions to obtain support. Such
actions may be brought in the name of the person or persons requiring
support, or may be brought in the name of the Illinois Department or the
local governmental unit, as the case requires, in behalf of such persons.
The court may enter such orders for the payment of moneys for the
support of the person as may be just and equitable and may direct
payment thereof for such period or periods of time as the circumstances
require, including support for a period before the date the order for support
is entered. The order may be entered against any or all of the defendant
responsible relatives and may be based upon the proportionate ability of
each to contribute to the person's support.
The Court shall determine the amount of child support (including child
support for a period before the date the order for child support is entered)
by
using the
guidelines and standards set forth in subsection (a) of Section 505 and in
Section 505.2 of the Illinois Marriage and Dissolution of Marriage Act.
For purposes of determining the amount of child support to be paid for a
period before the date the order for child support is entered, there is a
rebuttable
presumption that the responsible relative's net income for that period was the
same as his or her net income at the time the order is entered.
If (i) the responsible relative was properly served with a request for
discovery of
financial information relating to the responsible relative's ability to provide
child support, (ii)
the responsible relative failed to comply with the request, despite having been
ordered to
do so by the court, and (iii) the responsible relative is not present at the
hearing to
determine support despite having received proper notice, then any relevant
financial
information concerning the responsible relative's ability to provide child
support
that was
obtained pursuant to subpoena and proper notice shall be admitted into evidence
without
the need to establish any further foundation for its admission.
An order entered under this Section shall include a provision requiring
the obligor to report to the obligee and to the clerk of court within 10 days
each time the obligor obtains new employment, and each time the obligor's
employment is terminated for any reason.
The report shall be in writing and shall, in the case of new employment,
include the name and address of the new employer.
Failure to report new employment or
the termination of current employment, if coupled with nonpayment of support
for a period in excess of 60 days, is indirect criminal contempt. For
any obligor arrested for failure to report new employment bond shall be set in
the amount of the child support that should have been paid during the period of
unreported employment. An order entered under this Section shall also include
a provision requiring the obligor and obligee parents to advise each other of a
change in residence within 5 days of the change
except when the court finds that the physical, mental, or emotional health
of a party or that of a minor child, or both, would be seriously endangered by
disclosure of the party's address.
The Court shall determine the amount of maintenance using the standards
set forth in Section 504 of the Illinois Marriage and Dissolution of Marriage
Act.
Any new or existing support order entered by the court under this
Section shall be deemed to be a series of judgments against the person
obligated to pay support thereunder, each such judgment to be in the amount
of each payment or installment of support and each such judgment to be
deemed entered as of the date the corresponding payment or installment
becomes due under the terms of the support order. Each such judgment shall
have the full force, effect and attributes of any other judgment of this
State, including the ability to be enforced. Any such judgment is subject
to modification or termination only in accordance with Section 510 of the
Illinois Marriage and Dissolution of Marriage Act.
Notwithstanding any other State or local law to the contrary, a lien arises by operation of law against the real and personal property of
the noncustodial parent for each
installment of overdue support owed by the noncustodial parent.
When an order is entered for the support of a minor, the court may
provide therein for reasonable visitation of the minor by the person or
persons who provided support pursuant to the order. Whoever willfully
refuses to comply with such visitation order or willfully interferes
with its enforcement may be declared in contempt of court and punished
therefor.
Except where the local governmental unit has entered into an
agreement with the Illinois Department for the Child and Spouse Support
Unit to act for it, as provided in Section 10-3.1, support orders
entered by the court in cases involving applicants or recipients under
Article VI shall provide that payments thereunder be made
directly to the local governmental unit. Orders for the support of all
other applicants or recipients shall provide that payments thereunder be
made directly to the Illinois Department.
In accordance with federal law and regulations, the Illinois Department may
continue to collect current maintenance payments or child support payments, or
both, after those persons cease to receive public assistance and until
termination of services under Article X. The Illinois Department shall pay the
net amount collected to those persons after deducting any costs incurred in
making
the collection or any collection fee from the amount of any recovery made. In both cases the order shall permit the local
governmental unit or the Illinois Department, as the case may be, to direct
the responsible relative or relatives to make support payments directly to
the needy person, or to some person or agency in his behalf, upon removal
of the person from the public aid rolls or upon termination of services under
Article X.
If the notice of support due issued pursuant to Section 10-7 directs
that support payments be made directly to the needy person, or to some
person or agency in his behalf, and the recipient is removed from the
public aid rolls, court action may be taken against the responsible
relative hereunder if he fails to furnish support in accordance with the
terms of such notice.
Actions may also be brought under this Section in behalf of any
person who is in need of support from responsible relatives, as defined
in Section 2-11 of Article II who is not an applicant for or recipient
of financial aid under this Code. In such instances, the State's
Attorney of the county in which such person resides shall bring action
against the responsible relatives hereunder. If the Illinois
Department, as authorized by Section 10-1, extends the child support
enforcement
services
provided by this Article to spouses and dependent children who are not
applicants or recipients under this Code, the Child and Spouse Support
Unit established by Section 10-3.1 shall bring action against the
responsible relatives hereunder and any support orders entered by the
court in such cases shall provide that payments thereunder be made
directly to the Illinois Department.
Whenever it is determined in a proceeding to establish or enforce a child
support or maintenance obligation that the person owing a duty of support
is unemployed, the court may order the person to seek employment and report
periodically to the court with a diary, listing or other memorandum of his
or her efforts in accordance with such order. Additionally, the court may
order the unemployed person to report to the Department of Employment
Security for job search services or to make application with the local Job
Training Partnership Act provider for participation in job search,
training or work programs and where the duty of support is owed to a child
receiving child support enforcement services under this Article X, the
court may
order the
unemployed person to report to the Illinois Department for participation
in job search, training or work programs established under Section 9-6 and
Article IXA of this Code.
Whenever it is determined that a person owes past-due support for a child
receiving assistance under this Code, the court shall order at the request of
the Illinois Department:
(1) that the person pay the past-due support in | | accordance with a plan approved by the court; or
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(2) if the person owing past-due support is
| | unemployed, is subject to such a plan, and is not incapacitated, that the person participate in such job search, training, or work programs established under Section 9-6 and Article IXA of this Code as the court deems appropriate.
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A determination under this Section shall not be administratively
reviewable by the procedures specified in Sections 10-12, and 10-13 to
10-13.10. Any determination under these Sections, if made the basis of
court action under this Section, shall not affect the de novo judicial
determination required under this Section.
If a person who is found guilty of contempt for failure to comply with an order to pay support is a person who conducts a business or who is self-employed, the court in addition to other penalties provided by law may order that the person do one or more of the following: (i) provide to the court monthly financial statements showing income and expenses from the business or the self-employment; (ii) seek employment and report periodically to the court with a diary, listing, or other memorandum of his or her employment search efforts; or (iii) report to the Department of Employment Security for job search services to find employment that will be subject to withholding of child support.
A one-time charge of 20% is imposable upon the amount of past-due child
support owed on July 1, 1988 which has accrued under a support order
entered by the court. The charge shall be imposed in accordance with the
provisions of Section 10-21 of this Code and shall be enforced by the court
upon petition.
All orders for support, when entered or modified, shall
include a provision requiring the non-custodial parent to notify the court and,
in cases in which a party is receiving child support
enforcement services under
this Article X, the Illinois Department, within 7 days, (i) of the name,
address, and telephone number of any new employer of the non-custodial parent,
(ii) whether the non-custodial parent has access to health insurance coverage
through the employer or other group coverage and, if so, the policy name and
number and the names of persons covered under
the policy, and (iii) of any new residential or mailing address or telephone
number of the non-custodial parent. In any subsequent action to enforce a
support order, upon a sufficient showing that a diligent effort has been made
to ascertain the location of the non-custodial parent, service of process or
provision of notice necessary in the case may be made at the last known
address of the non-custodial parent in any manner expressly provided by the
Code of Civil Procedure or this Code, which service shall be sufficient for
purposes of due process.
An order for support shall include a date on which the current support
obligation terminates. The termination date shall be no earlier than the
date on which the child covered by the order will attain the age of
18. However, if the child will not graduate from high school until after
attaining the age
of 18, then the termination date shall be no earlier than the earlier of the
date on which
the child's high school graduation will occur or the date on which the child
will attain the
age of 19. The order for support shall state
that the termination date does not apply to
any arrearage that may remain unpaid on that date. Nothing in this paragraph
shall be construed to prevent the court from modifying the order or terminating
the order in the event the child is otherwise emancipated.
If there is an unpaid arrearage or delinquency (as those terms are defined in the Income Withholding for Support Act) equal to at least one month's support obligation on the termination date stated in the order for support or, if there is no termination date stated in the order, on the date the child attains the age of majority or is otherwise emancipated, then the periodic amount required to be paid for current support of that child immediately prior to that date shall automatically continue to be an obligation, not as current support but as periodic payment toward satisfaction of the unpaid arrearage or delinquency. That periodic payment shall be in addition to any periodic payment previously required for satisfaction of the arrearage or delinquency. The total periodic amount to be paid toward satisfaction of the arrearage or delinquency may be enforced and collected by any method provided by law for the enforcement and collection of child support, including but not limited to income withholding under the Income Withholding for Support Act. Each order for support entered or modified on or after the effective date of this amendatory Act of the 93rd General Assembly must contain a statement notifying the parties of the requirements of this paragraph. Failure to include the statement in the order for support does not affect the validity of the order or the operation of the provisions of this paragraph with regard to the order. This paragraph shall not be construed to prevent or affect the establishment or modification of an order for the support of a minor child or the establishment or modification of an order for the support of a non-minor child or educational expenses under Section 513 of the Illinois Marriage and Dissolution of Marriage Act.
Payments under this Section to the Illinois Department pursuant to the
Child Support Enforcement Program established by Title IV-D of the Social
Security Act shall be paid into the Child Support Enforcement Trust Fund.
All payments under this Section to the Illinois Department of Human
Services shall be deposited in the DHS Recoveries
Trust Fund. Disbursements from these funds shall be as provided in Sections
12-9.1 and 12-10.2 of this Code. Payments received by a local
governmental unit shall be deposited in that unit's General Assistance Fund.
To the extent the provisions of this Section are inconsistent with the
requirements pertaining to the State Disbursement Unit under Sections 10-10.4
and 10-26 of this Code, the requirements pertaining to the State Disbursement
Unit shall apply.
(Source: P.A. 97-186, eff. 7-22-11; 97-1029, eff. 1-1-13.)
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305 ILCS 5/10-10.1
(305 ILCS 5/10-10.1) (from Ch. 23, par. 10-10.1)
Sec. 10-10.1.
Public Aid Collection Fee.
In all cases instituted by the
Illinois Department on behalf of a child or spouse, other than one receiving
a grant of financial aid under Article IV, on whose behalf an application
has been made and approved for child support enforcement services as
provided by Section 10-1,
the court shall impose a collection fee on the individual who owes a child
or spouse support obligation in an amount equal to 10% of the amount so
owed as long as such collection is required by federal law, which fee shall
be in addition to the support obligation. The imposition
of such fee shall be in accordance with provisions of Title IV, Part D,
of the Social Security Act and regulations duly promulgated thereunder.
The fee shall be payable to the clerk of the circuit court for transmittal
to the Illinois Department and shall continue until child support
enforcement services are
terminated by the Department.
(Source: P.A. 92-590, eff. 7-1-02.)
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305 ILCS 5/10-10.2
(305 ILCS 5/10-10.2) (from Ch. 23, par. 10-10.2)
Sec. 10-10.2.
Notice to Clerk of Circuit Court of Payment
Received by the Illinois Department for Recording. For those cases in which
support is payable to the clerk of the circuit court for transmittal to
the Illinois Department by order of court, and the Illinois Department collects
support by assignment, offset, withholding, deduction or other process permitted
by law, the Illinois Department shall notify the clerk of the date and amount
of such collection.
Upon notification, the clerk shall record the collection on the payment
record for the case.
(Source: P.A. 82-1057.)
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305 ILCS 5/10-10.3
(305 ILCS 5/10-10.3) (from Ch. 23, par. 10-10.3)
Sec. 10-10.3.
For those cases in which child support is payable to the
clerk of the circuit court for transmittal to the Illinois Department by
order of court, the clerk shall transmit all such payments, within 4
working days of receipt, to insure that funds are available for immediate
distribution by the Department to the person or entity entitled thereto in
accordance with standards of the Child Support Enforcement Program established
under Title IV-D of the Social Security Act. The clerk shall notify the
Department of the date of receipt and amount thereof at the time of
transmittal. Where the clerk has entered into an agreement of cooperation
with the Department to record the terms of child support orders and
payments made thereunder directly into the Department's automated data
processing system, the clerk shall account for, transmit and otherwise
distribute child support payments in accordance with such agreement in lieu
of the requirements contained herein.
To the extent the provisions of this Section are inconsistent with the
requirements pertaining to the State Disbursement Unit under Sections 10-10.4
and 10-26 of this Code, the requirements pertaining to the State Disbursement
Unit shall apply.
(Source: P.A. 91-212, eff. 7-20-99.)
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305 ILCS 5/10-10.4
(305 ILCS 5/10-10.4)
Sec. 10-10.4. Payment of Support to State Disbursement Unit.
(a) As used in this Section:
"Order for support", "obligor", "obligee", and "payor" mean those terms as
defined in the Income Withholding for Support Act, except that "order for
support" shall not mean orders providing for spousal maintenance under which
there is no child support obligation.
(b) Notwithstanding any other provision of this Code to the contrary, each
court or administrative order for support entered or modified on or after
October 1, 1999 shall require that support payments be made to the State
Disbursement Unit established under Section 10-26 if:
(1) a party to the order is receiving child support | | enforcement services under this Article X; or
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(2) no party to the order is receiving child support
| | enforcement services, but the support payments are made through income withholding.
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(c) Support payments shall be made
to the State Disbursement Unit if:
(1) the order for support was entered before October
| | 1, 1999, and a party to the order is receiving child support enforcement services under this Article X; or
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(2) no party to the order is receiving child support
| | enforcement services, and the support payments are being made through income withholding.
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(c-5) If no party to the order is receiving child support
enforcement services under this Article X, and the support payments are not
being made
through income withholding, then support payments shall be made as directed in
the order for support.
(c-10) At any time, and notwithstanding the existence of an order
directing payments
to be made elsewhere, the Department of Healthcare and Family Services may provide notice to the
obligor and, where applicable, to the obligor's payor:
(1) to make support payments to the State
| |
(A) a party to the order for support is receiving
| | child support enforcement services under this Article X; or
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(B) no party to the order for support is
| | receiving child support enforcement services under this Article X, but the support payments are made through income withholding; or
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(2) to make support payments to the State
| | Disbursement Unit of another state upon request of another state's Title IV-D child support enforcement agency, in accordance with the requirements of Title IV, Part D of the Social Security Act and regulations promulgated under that Part D.
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(c-15) Within 15 days after the effective date of this amendatory Act of the
91st General Assembly, the clerk of the circuit court shall provide written
notice to the obligor to make payments
directly to the clerk of the circuit court if no party to the order is
receiving child
support enforcement services under this Article X, the support payments are
not made
through income withholding, and the order for support requires support payments
to
be made
directly to the clerk of the
circuit court.
(c-20) If the State Disbursement Unit receives a support payment that was
not
appropriately made to the Unit under this Section, the Unit shall immediately
return the
payment to the sender, including, if possible, instructions detailing where to
send the support payments.
(d) The notices under subsections (c-10) and
(c-15) may be sent by ordinary
mail, certified mail, return receipt requested, facsimile transmission, or
other electronic process, or may be served upon the obligor or payor using any
method provided by law for service of a summons. A copy of the notice shall be
provided to the obligee and, when the order for support
was entered by the court, to the clerk of the court.
(Source: P.A. 95-331, eff. 8-21-07.)
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305 ILCS 5/10-10.5
(305 ILCS 5/10-10.5)
Sec. 10-10.5.
Information to State Case Registry.
(a) In this Section:
"Order for support", "obligor", "obligee", and "business day" are defined as
set forth in the
Income Withholding for Support Act.
"State Case Registry" means the State Case Registry established under Section
10-27 of this Code.
(b) Each order for support entered or modified by the circuit court under
Section 10-10 shall require that the obligor and obligee (i) file with the
clerk of the circuit court the information required by this Section (and any
other information required under Title IV, Part D of the Social Security Act or
by
the federal Department of Health and Human Services) at the time of entry or
modification
of the order for support and (ii) file updated
information with the clerk within 5 business days of any change.
Failure of the obligor or obligee to file or update the required information
shall be
punishable as in cases of contempt. The failure shall not prevent the court
from entering
or modifying the order for support, however.
(c) The obligor shall file the following information: the
obligor's name, date of birth, social security number, and mailing address.
If
either the obligor or the obligee receives child support enforcement services
from the Illinois Department under Article X of this Code, the obligor shall
also file the following information: the obligor's telephone
number, driver's license number, and residential address (if different from the
obligor's mailing address), and the name, address, and telephone number of the
obligor's employer or employers.
(d) The obligee shall file the following information:
(1) The names of the obligee and the child or | | children covered by the order for support.
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(2) The dates of birth of the obligee and the child
| | or children covered by the order for support.
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(3) The social security numbers of the obligee and
| | the child or children covered by the order for support.
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(4) The obligee's mailing address.
(e) In cases in which the obligee receives child support enforcement
services from the Illinois Department under Article X of this Code, the order
for support shall (i) require that the obligee file the information required
under subsection (d) with the Illinois Department for inclusion in the State
Case Registry, rather than file the information with the clerk, and (ii)
require that the obligee include the following additional information:
(1) The obligee's telephone and driver's license
| |
(2) The obligee's residential address, if different
| | from the obligee's mailing address.
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(3) The name, address, and telephone number of the
| | obligee's employer or employers.
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The order for support shall also require that the obligee update
the information filed with the Illinois Department within 5 business days of
any change.
(f) The clerk shall provide the information filed under this Section,
together with the court docket number and county in which the order for support
was entered, to the State Case Registry within 5 business days after receipt of
the information.
(g) In a case in which a party is receiving child support enforcement
services under Article X of this Code, the clerk shall provide the following
additional
information to the State Case Registry within 5 business days after entry or
modification of an order for support or request from the Illinois Department:
(1) The amount of monthly or other periodic support
| | owed under the order for support and other amounts, including arrearage, interest, or late payment penalties and fees, due or overdue under the order.
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(2) Any such amounts that have been received by the
| | clerk, and the distribution of those amounts by the clerk.
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(h) Information filed by the obligor and obligee under this Section that is
not specifically required to be included in the body of an order for support
under other laws is not a public record and shall be treated as
confidential and subject to
disclosure only in accordance with the provisions of this Section, Section
10-27 of this Code, and Title IV, Part D of the Social Security Act.
(Source: P.A. 91-212, eff. 7-20-99; 92-16, eff. 6-28-01; 92-463, eff.
8-22-01; 92-651, eff. 7-11-02.)
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305 ILCS 5/10-11
(305 ILCS 5/10-11) (from Ch. 23, par. 10-11)
Sec. 10-11. Administrative Orders. In lieu of actions for court
enforcement of support under Section 10-10, the Child and Spouse Support
Unit of the Illinois Department, in accordance with the rules of the
Illinois Department, may issue an administrative order requiring the
responsible relative to comply with the terms of the determination and
notice of support due, determined and issued under Sections 10-6 and 10-7.
The Unit may also enter an administrative order under subsection (b) of
Section 10-7. The administrative order shall be served upon the
responsible relative by United States registered or certified mail.
In cases in which the responsible relative appeared at the office of the
Child
and Spouse Support Unit in response to the notice of support obligation
issued under Section 10-4, however, or in cases of default in which the notice
was served on the responsible relative by certified mail, return receipt
requested, or by
any
method provided by law for service of summons, the administrative
determination of paternity or administrative support order may be sent to the
responsible relative by ordinary mail addressed to the responsible relative's
last known address.
If a responsible relative or a person receiving child support
enforcement services under this Article fails to petition the Illinois
Department for
release from or modification of the administrative order, as provided in
Section 10-12 or Section 10-12.1, the order shall become final and there
shall be no further
administrative or judicial remedy. Likewise a decision by the Illinois
Department as a result of an administrative hearing, as provided in
Sections 10-13 to 10-13.10, shall become final and enforceable if not
judicially reviewed under the Administrative Review Law, as provided in
Section 10-14.
Any new or existing support order entered by the Illinois Department
under this Section shall be deemed to be a series of judgments against the
person obligated to pay support thereunder, each such judgment to be in the
amount of each payment or installment of support and each such judgment to
be deemed entered as of the date the corresponding payment or installment
becomes due under the terms of the support order. Each such judgment
shall have the full force, effect and attributes of any other judgment of
this State, including the ability to be enforced. Any such judgment is
subject to modification or termination only in accordance with Section 510
of the Illinois Marriage and Dissolution of Marriage Act.
Notwithstanding any other State or local law to the contrary, a lien arises by operation of law against the real and personal property of
the noncustodial parent for each
installment of overdue support owed by the noncustodial parent.
An order for support shall include a date on which the current support obligation terminates. The termination date shall be no earlier than the date on which the child covered by the order will attain the age of majority or is otherwise emancipated. The order for support shall state that the termination date does not apply to any arrearage that may remain unpaid on that date. Nothing in this paragraph shall be construed to prevent modification of the order by the Department. If there is an unpaid arrearage or delinquency (as those terms are defined in the Income Withholding for Support Act) equal to at least one month's support obligation on the termination date stated in the order for support or, if there is no termination date stated in the order, on the date the child attains the age of majority or is otherwise emancipated, then the periodic amount required to be paid for current support of that child immediately prior to that date shall automatically continue to be an obligation, not as current support but as periodic payment toward satisfaction of the unpaid arrearage or delinquency. That periodic payment shall be in addition to any periodic payment previously required for satisfaction of the arrearage or delinquency. The total periodic amount to be paid toward satisfaction of the arrearage or delinquency may be enforced and collected by any method provided by law for the enforcement and collection of child support, including but not limited to income withholding under the Income Withholding for Support Act. Each order for support entered or modified on or after the effective date of this amendatory Act of the 93rd General Assembly must contain a statement notifying the parties of the requirements of this paragraph. Failure to include the statement in the order for support does not affect the validity of the order or the operation of the provisions of this paragraph with regard to the order. This paragraph shall not be construed to prevent or affect the establishment or modification of an order for the support of a minor child or the establishment or modification of an order for the support of a non-minor child or educational expenses under Section 513 of the Illinois Marriage and Dissolution of Marriage Act.
An order for support shall include a date on which the support obligation
terminates. The termination date shall be no earlier than the date on which
the child covered by the order will attain the age of 18. However, if the
child will not graduate from high school until after attaining the age of 18,
then the termination date shall be no earlier than the earlier of the date that
the child's graduation will occur or the date on which the child will attain
the age of 19. The order for support shall state that the termination date
does not apply to any arrearage that may remain unpaid on that date. Nothing
in this paragraph shall be construed to prevent the Illinois Department from
modifying the order or terminating the order in the event the child is
otherwise emancipated.
(Source: P.A. 97-186, eff. 7-22-11.)
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305 ILCS 5/10-11.1
(305 ILCS 5/10-11.1) (from Ch. 23, par. 10-11.1)
Sec. 10-11.1.
(a) Whenever it is determined in a proceeding under
Sections 10-6, 10-7, 10-11 or 10-17.1 that the responsible relative is
unemployed, and support is sought on behalf of applicants for or recipients
of financial aid under Article IV of this Code or other persons who are given
access to the child support enforcement services of this
Article as provided
in Section 10-1, the administrative enforcement unit may order the
responsible relative to report to the Illinois Department for participation
in job search, training or work programs established under Section 9-6 and
Article IXA of this Code or to the Illinois Department of Employment Security
for job search services or to make application with the local Job
Training Partnership Act provider for participation in job search, training or
work programs.
(b) Whenever it is determined that a responsible relative owes past-due
support for a child under an administrative support order entered under
subsection (b) of Section 10-7 or under Section 10-11 or 10-17.1 and the child
is receiving assistance under this Code, the administrative enforcement unit
shall order the following:
(1) that the responsible relative pay the past-due | | support in accordance with a plan approved by the administrative enforcement unit; or
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(2) if the responsible relative owing past-due
| | support is unemployed, is subject to such a plan, and is not incapacitated, that the responsible relative participate in job search, training, or work programs established under Section 9-6 and Article IXA of this Code.
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(Source: P.A. 92-16, eff. 6-28-01; 92-590, eff. 7-1-02.)
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305 ILCS 5/10-11.2
(305 ILCS 5/10-11.2)
Sec. 10-11.2.
Administrative support order information for State Case
Registry.
(a) In this Section, "business day" is defined as set forth in the Income
Withholding for Support Act.
(b) Each administrative support order entered or modified under Section
10-8.1 or Section 10-11 shall require the following:
(1) That the non-custodial parent file with the | | Illinois Department the information required by subsection (c) of this Section (and any other information required under Title IV, Part D of the Social Security Act or by the federal Department of Health and Human Services) within 5 business days after entry or modification of the administrative support order, and that the parent file updated information with the Illinois Department within 5 business days of any change.
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(2) That the custodial parent file with the Illinois
| | Department the information required by subsection (d) of this Section (and any other information required under Title IV, Part D of the Social Security Act or by the federal Department of Health and Human Services) within 5 business days after entry or modification of the administrative support order (unless the custodial parent already filed the information during the child support case intake process), and that the parent file updated information with the Illinois Department within 5 business days of any change.
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(c) The non-custodial parent shall file the following information:
(1) The name and date of birth of the non-custodial
| |
(2) The non-custodial parent's social security
| | number, driver's license number, and telephone number.
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(3) The mailing address (and the residential address,
| | if different from the mailing address) of the non-custodial parent.
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(4) The name, address, and telephone number of the
| | non-custodial parent's employer or employers.
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(d) The custodial parent shall file the following information:
(1) The names and dates of birth of the custodial
| | parent and the child or children covered by the administrative support order.
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(2) The social security numbers of the custodial
| | parent and the child or children covered by the administrative support order.
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(3) The custodial parent's driver's license number
| |
(4) The custodial parent's mailing address (and
| | residential address, if different from the mailing address).
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(5) The name, address, and telephone number of the
| | custodial parent's employer or employers.
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(e) The information filed with the Illinois Department under this Section
shall be included in the State Case Registry established under Section 10-27 of
this Code.
(f) Information filed by the non-custodial parent and custodial parent under
this Section that is not specifically required to be included in the body of an
administrative
support order under other laws or under rules of the Illinois Department shall
be treated as confidential and subject to disclosure only in accordance with
the provisions of this Section, Section 10-27 of this Code, and Title IV, Part
D of
the Social Security Act.
(Source: P.A. 91-212, eff. 7-20-99; 92-463, eff. 8-22-01.)
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305 ILCS 5/10-12
(305 ILCS 5/10-12) (from Ch. 23, par. 10-12)
Sec. 10-12.
Petition by responsible relative for release from or
modification of administrative
support order or administrative determination of paternity.
(a) Any responsible
relative aggrieved by an administrative
order entered under Section 10-11 or 10-11.1 or an
administrative determination of paternity entered under Section 10-17.7 who
has been duly notified of
such order or determination may, within 30 days from the date of
mailing of such order or determination,
petition the Illinois Department for a release from or modification of the
order or determination. The day immediately subsequent to the mailing of
the order or determination shall be
considered as the first day, and the day such petition is received by the
Illinois Department shall be considered as the last day in computing the 30
day appeal period.
The Illinois Department shall, upon receipt of a petition within the 30
day appeal period, provide for a hearing to be held thereon.
(b) Notwithstanding the 30-day appeal period set forth in subsection
(a), a man against whom a default administrative determination of paternity
has been entered may have the determination vacated if, within 30 days
after being served with the determination, he appears in person at the office
to which he was given notice to appear for an interview and files a written
request for relief from the determination. The Illinois
Department shall then proceed with the establishment of
paternity. A man may obtain relief under this subsection from an
administrative determination of paternity only once in any proceeding to
establish paternity.
(Source: P.A. 90-790, eff. 8-14-98.)
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305 ILCS 5/10-12.1
(305 ILCS 5/10-12.1)
Sec. 10-12.1.
Petition by person receiving child support
enforcement services for release from or modification of administrative
support order or
administrative determination of paternity. Any person receiving child support
enforcement services under this Article who is aggrieved
by an
administrative order entered under Section 10-11 or 10-11.1 or an
administrative determination of paternity entered under Section 10-17.7
who has been duly notified of the order or determination may, within 30
days after the date of mailing of the order or determination, petition the
Illinois Department for release from or modification of the order or
determination. The day immediately subsequent to the mailing of the order
or determination shall be considered as the first day and the day the petition
is received by the Illinois Department shall be considered as the last day in
computing the 30-day appeal period.
Upon receiving a petition within the 30-day appeal period, the Illinois
Department shall provide for a hearing to be held on the petition.
(Source: P.A. 92-590, eff. 7-1-02.)
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305 ILCS 5/10-13
(305 ILCS 5/10-13) (from Ch. 23, par. 10-13)
Sec. 10-13.
Hearing on Petition.
The Illinois Department, or any officer or employee thereof designated
in writing by the Illinois Department, shall conduct hearings and
investigations in connection with petitions filed pursuant to
Section
10-12 or Section 10-12.1. Responsible relatives and persons receiving
child support enforcement services under this Article shall
be entitled to
appear in person, to be
represented by counsel at the hearing and to present all relevant matter in
support of their petitions. The provisions of Sections 10-13.1 through 10-13.10
shall govern the hearing.
The hearing shall be de novo and the Illinois Department's determination
of liability or non-liability shall be independent of the determination of
the administrative enforcement unit.
(Source: P.A. 92-590, eff. 7-1-02.)
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305 ILCS 5/10-13.1
(305 ILCS 5/10-13.1) (from Ch. 23, par. 10-13.1)
Sec. 10-13.1.
Examination of records.
The Illinois Department, or any properly designated officer or employee
thereof, may examine any books, papers, records or memoranda bearing upon
the determination of ability to support and the order for support and upon
any matter pertinent to the relative's petition and may compel the
attendance and testimony of any person or persons, including the
petitioning responsible relative, having knowledge of matters germane to
the determination order, or the petition.
(Source: Laws 1967, p. 122.)
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305 ILCS 5/10-13.2
(305 ILCS 5/10-13.2) (from Ch. 23, par. 10-13.2)
Sec. 10-13.2.
Hearings not subject to technical rules of evidence or procedure.
In the conduct of any hearing or investigation, neither the Illinois
Department nor a person duly authorized to conduct such hearing or
investigation, shall be bound by the technical rules of evidence, common
law or statutory, or by technical or formal rules of procedure, but shall
conduct the hearing or make the investigation in such manner as seems best
calculated to conform to substantial justice and the spirit of this Code.
No informality in any proceedings, or in the manner of taking testimony,
shall invalidate any order or decision made by the Illinois Department
pursuant to such hearing or investigation.
(Source: Laws 1967, p. 122.)
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305 ILCS 5/10-13.3
(305 ILCS 5/10-13.3) (from Ch. 23, par. 10-13.3)
Sec. 10-13.3.
Authority to administer oaths.
The Illinois Department, or any person duly authorized to conduct such
hearing or investigation, shall have power to administer oaths. Every
person who, having taken an oath or made affirmation before the Illinois
Department, or any duly authorized officer or employee thereof, shall
wilfully swear or affirm falsely, shall be guilty of perjury, and upon
conviction shall be punished accordingly.
(Source: Laws 1967, p. 122.)
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305 ILCS 5/10-13.4
(305 ILCS 5/10-13.4) (from Ch. 23, par. 10-13.4)
Sec. 10-13.4.
Proof of records.)
The books, papers, records and memoranda of the Illinois Department or
of the administrative enforcement unit, or parts thereof, may be proved in
any hearing, investigation, or legal proceeding by a photostatic or other
copy thereof under the certificate of the Director of the Illinois
Department. Such
certified copy shall, without further proof, be admitted into evidence in
the hearing before the Illinois Department or in any other legal
proceeding.
(Source: P.A. 79-474.)
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305 ILCS 5/10-13.5
(305 ILCS 5/10-13.5) (from Ch. 23, par. 10-13.5)
Sec. 10-13.5.
Proof of necessitous circumstances.
Proof in any hearing before the Illinois Department that a person is an
applicant for or recipient of assistance shall be prima facie proof that he
is a "person who is in necessitous circumstances by reason of infirmity,
unemployment, or other cause depriving him of the means of a livelihood
compatible with health and well-being", within the meaning of this Code.
(Source: Laws 1967, p. 122.)
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305 ILCS 5/10-13.6
(305 ILCS 5/10-13.6) (from Ch. 23, par. 10-13.6)
Sec. 10-13.6.
Subpoenas.
(a) The Illinois Department, or any officer or employee thereof
designated
in writing by the Illinois Department, shall at its or his own instance, or
on the written request of any other party to the proceeding, issue
subpoenas requiring the attendance of and the giving of testimony by
witnesses, and subpoenas duces tecum requiring the production of books,
papers, records or memoranda. The subpoenas and subpoenas duces tecum may
be served by any person of full age. Any subpoena may be served in the same
manner as a subpoena issued out of a circuit court, and may also be served
by United States registered or certified mail, addressed to the person
concerned at his last known address, and proof of such mailing shall be
sufficient for the purposes of the Article.
(b) Subpoenas duces tecum issued in other states shall be afforded
full faith and credit in this State. Every such subpoena shall have the full
force, effect, and attributes of a subpoena issued in this State, including the
ability to be enforced.
(Source: P.A. 90-790, eff. 8-14-98.)
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305 ILCS 5/10-13.7
(305 ILCS 5/10-13.7) (from Ch. 23, par. 10-13.7)
Sec. 10-13.7.
Witness fees.
The fees of witnesses for attendance and travel shall be the same as the
fees of witnesses before the Circuit Court of this State; such fees to be
paid when the witness is excused from further attendance. When the witness
is subpoenaed at the instance of the Illinois Department or any employee
thereof, the fees shall be paid in the same manner as other expenses of the
Illinois Department. If the witness is subpoenaed at the instance of any
other party to the proceeding, the Illinois Department may require that the
cost of service of the subpoena or subpoena duces tecum and the fee of the
witness be borne by the party at whose instance the witness is summoned. In
such case, the Illinois Department may require a deposit to cover the cost
of such service and witness fees.
(Source: Laws 1967, p. 122.)
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305 ILCS 5/10-13.8
(305 ILCS 5/10-13.8) (from Ch. 23, par. 10-13.8)
Sec. 10-13.8.
Compelling attendance of witness and production of records.
The circuit court, of the county wherein the
investigation or administrative hearing is held, upon the application of
the Illinois Department or any duly authorized officer or employee thereof,
or upon the application of any other party to the proceeding, may, in its
discretion, compel the attendance of witnesses, the production of
books, papers, records or memorandum and the giving of testimony before the
Illinois Department or any duly authorized officer or employee thereof
conducting an investigation or holding a hearing authorized by this Act, by
an attachment for contempt, or otherwise, in the same manner as production
of evidence may be compelled before the court.
(Source: P.A. 83-334.)
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305 ILCS 5/10-13.9
(305 ILCS 5/10-13.9) (from Ch. 23, par. 10-13.9)
Sec. 10-13.9.
Penalty for non-compliance with subpoena.
Any person who is served with a subpoena or subpoena duces tecum, issued
by the Illinois Department or any duly authorized officer or employee
thereof, to appear and testify or to produce books and papers, in the
course of an investigation or hearing authorized by law, and who refuses or
neglects to appear, or to testify, or to produce books and papers relevant
to such investigation or hearing, as commanded in such subpoena, shall, be
guilty of a Class B misdemeanor.
(Source: P.A. 77-2344.)
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305 ILCS 5/10-13.10
(305 ILCS 5/10-13.10) (from Ch. 23, par. 10-13.10)
Sec. 10-13.10.
Depositions.
The Illinois Department or any duly authorized officer or employee
thereof, or any other party in an investigation or hearing before the
Illinois Department, may cause the depositions of witnesses within or
without the State to be taken in the manner prescribed by law for like
depositions in civil actions in courts of this State, and to that end
compel the attendance of witnesses and the production of books, papers,
records or memoranda.
(Source: Laws 1967, p. 122.)
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305 ILCS 5/10-14
(305 ILCS 5/10-14) (from Ch. 23, par. 10-14)
Sec. 10-14.
Review of Illinois department decision on petition for hearing.
Any responsible relative or person receiving child support
enforcement services under this Article affected by a final administrative
decision of
the Illinois Department in a hearing, conducted pursuant to Sections 10-13
through 10-13.10 in which such relative or person receiving
services
was a party, may have the decision reviewed
only under and in accordance with the Administrative Review Law, as amended.
The provisions of the Administrative Review Law, and the rules adopted pursuant
thereto, shall apply to and
govern all proceedings for the judicial review of such final administrative
decisions of the Illinois Department. The term "administrative decision"
is defined as in Section 3-101 of the Code of Civil Procedure.
Appeals from all final orders and judgments entered by a court upon
review of the Illinois Department's order in any case may be taken by
either party to the proceeding and shall be governed by the rules
applicable to appeals in civil cases.
The remedy herein provided for appeal shall be exclusive, and no court
shall have jurisdiction to review the subject matter of any order made by
the Illinois Department except as herein provided.
(Source: P.A. 92-590, eff. 7-1-02.)
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305 ILCS 5/10-14.1
(305 ILCS 5/10-14.1)
Sec. 10-14.1.
Relief from administrative orders.
Notwithstanding the
30-day appeal period provided in Sections 10-12 and 10-12.1 and the limitation
on review of final administrative decisions contained in Section 10-14, a
responsible relative or a person receiving child support
enforcement services
under this Article who is aggrieved by an administrative order entered under
Section 10-11 or 10-11.1 or an administrative determination of paternity
entered under Section 10-17.7 and who did not petition within the 30-day appeal
period may petition the Illinois Department for relief from the administrative
order or determination on the same grounds as are provided for relief from
judgments
under Section 2-1401 of the Code of Civil Procedure. The petition must be
filed not later than 2 years after the entry of the order or determination by
the Illinois Department. The day immediately subsequent to the mailing of the
order or determination shall be considered as the first day and the day the
petition is received by the Illinois Department shall be considered as the last
day in computing the 2-year period. Any
period during which the person seeking relief is under a legal disability or
duress or during which the grounds for relief are fraudulently concealed shall
be
excluded in computing the period of 2 years.
Upon receiving a petition within the 2-year period, the Illinois Department
shall provide for a hearing to be held on the petition.
(Source: P.A. 92-590, eff. 7-1-02.)
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305 ILCS 5/10-15
(305 ILCS 5/10-15) (from Ch. 23, par. 10-15)
Sec. 10-15. Enforcement of administrative order; costs and fees. If
a responsible relative refuses, neglects, or fails to comply with a final
administrative support or reimbursement order of the Illinois Department
entered by the Child and Spouse Support Unit pursuant to Sections 10-11 or
10-11.1 or registered pursuant to Section 10-17.1, the Child and Spouse
Support Unit may file suit against the responsible relative or relatives to
secure compliance with the administrative order.
Suits shall be instituted in the name of the People of the State of
Illinois on the relation of the Department of Healthcare and Family Services of the State of
Illinois and the spouse or dependent children for whom the support order
has been issued.
The court shall order the payment of the support obligation, or orders
for reimbursement of moneys for support provided, directly to the Illinois
Department but the order shall permit the Illinois Department to direct the
responsible relative or relatives to make payments of support directly to
the spouse or dependent children, or to some person or agency in his or
their behalf, as provided in Section 10-8 or 10-10, as applicable.
Whenever it is determined in a proceeding to enforce an administrative
order that the responsible relative is unemployed, and support is sought on
behalf of applicants for or recipients of financial aid under Article IV
of this Code or other persons who are given access to the child
support enforcement services of this Article as provided in Section 10-1,
the court may
order the responsible relative to seek employment and report periodically
to the court with a diary, listing or other memorandum of his or her
efforts in accordance with such order. In addition, the court may order
the unemployed responsible relative to report to the Illinois Department for
participation in job search, training or work programs established under
Section 9-6 of this Code or to the Illinois Department of Employment Security
for job search services or to make application with the local Job
Training Partnership Act provider for participation in job search, training or
work programs.
Charges imposed in accordance with the provisions of Section 10-21
shall be enforced by the Court in a suit filed under this Section.
To the extent the provisions of this Section are inconsistent with the
requirements pertaining to the State Disbursement Unit under Sections 10-10.4
and 10-26 of this Code, the requirements pertaining to the State Disbursement
Unit shall apply.
(Source: P.A. 95-331, eff. 8-21-07.)
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305 ILCS 5/10-15.1 (305 ILCS 5/10-15.1) Sec. 10-15.1. Judicial registration of administrative
support orders and administrative paternity orders. (a) A final administrative support order or a final administrative paternity order, excluding a voluntary acknowledgement or denial of paternity that is governed by other provisions of this Code, the Illinois Parentage Act of 2015, and the Vital Records Act, established by the
Illinois Department under this Article X may be registered in
the appropriate circuit court of this State by the Department
or by a party to the order by filing: (1) Two copies, including one certified copy of the | | order to be registered, any modification of the administrative support order, any voluntary acknowledgment of paternity pertaining to the child covered by the order, and the documents showing service of the notice of support obligation or the notice of paternity and support obligation that commenced the procedure for establishment of the administrative support order or the administrative paternity order pursuant to Section 10-4 of this Code.
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| (2) A sworn statement by the person requesting
| | registration or a certified copy of the Department payment record showing the amount of any past due support accrued under the administrative support order.
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| (3) The name of the obligor and, if known, the
| | obligor's address and social security number.
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| (4) The name of the obligee and the obligee's
| | address, unless the obligee alleges in an affidavit or pleading under oath that the health, safety, or liberty of the obligee or child would be jeopardized by disclosure of specific identifying information, in which case that information must be sealed and may not be disclosed to the other party or public. After a hearing in which the court takes into consideration the health, safety, or liberty of the party or child, the court may order disclosure of information that the court determines to be in the interest of justice.
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| (b) The filing of an administrative support order or an administrative paternity order under
subsection (a) constitutes registration with the circuit
court.
(c) (Blank).
(c-5) Every notice of registration must be accompanied by a copy of the registered administrative support order or the registered administrative paternity order and the documents and relevant information accompanying the order pursuant to subsection (a).
(d) (Blank).
(d-5) The registering party shall serve notice of the registration on the other party by first class mail, unless the administrative support order or the administrative paternity order was entered by default or the registering party is also seeking an affirmative remedy. The registering party shall serve notice on the Department in all cases by first class mail.
(1) If the administrative support order or the
| | administrative paternity order was entered by default against the obligor, the obligor must be served with the registration by any method provided by law for service of summons.
|
| (2) If a petition or comparable pleading seeking an
| | affirmative remedy is filed with the registration, the non-moving party must be served with the registration and the affirmative pleading by any method provided by law for service of summons.
|
| (e) A notice of registration of an administrative support
order or an administrative paternity order must provide the following information:
(1) That a registered administrative order is
| | enforceable in the same manner as an order for support or an order for paternity issued by the circuit court.
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| (2) That a hearing to contest enforcement of the
| | registered administrative support order or the registered administrative paternity order must be requested within 30 days after the date of service of the notice.
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| (3) That failure to contest, in a timely manner, the
| | enforcement of the registered administrative support order or the registered administrative paternity order shall result in confirmation of the order and enforcement of the order and the alleged arrearages and precludes further contest of that order with respect to any matter that could have been asserted.
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| (4) The amount of any alleged arrearages.
(f) A nonregistering party seeking to contest enforcement
of a registered administrative support order or a registered administrative paternity order shall request
a hearing within 30 days after the date of service
of notice of the registration. The nonregistering party may
seek to vacate the registration, to assert any defense to an
allegation of noncompliance with the registered administrative
support order or the registered administrative paternity order, or to contest the remedies being sought or the
amount of any alleged arrearages.
(g) If the nonregistering party fails to contest the
enforcement of the registered administrative
support order or the registered administrative paternity order in a timely manner, the order shall be confirmed
by operation of law.
(h) If a nonregistering party requests a hearing to contest
the enforcement of the registered administrative
support order or the registered administrative paternity order, the circuit court shall schedule the matter for
hearing and give notice to the parties and the Illinois
Department of the date, time, and place of the hearing.
(i) A party contesting the enforcement of a registered administrative support order or a registered administrative paternity order or seeking to vacate
the registration has the burden of proving one or more of the
following defenses:
(1) The Illinois Department lacked personal
| | jurisdiction over the contesting party.
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| (2) The administrative support order or the
| | administrative paternity order was obtained by fraud.
|
| (3) The administrative support order or the
| | administrative paternity order has been vacated, suspended, or modified by a later order.
|
| (4) The Illinois Department has stayed the
| | administrative support order or the administrative paternity order pending appeal.
|
| (5) There is a defense under the law to the remedy
| | (6) Full or partial payment has been made.
(j) If a party presents evidence establishing a full or
partial payment defense under subsection (i), the court may
stay enforcement of the registered order, continue the
proceeding to permit production of additional relevant
evidence, and issue other appropriate orders. An uncontested
portion of the registered administrative support order or the registered administrative paternity order may be
enforced by all remedies available under State law.
(k) If a contesting party does not establish a defense
under subsection (i) to the enforcement of the
administrative support order or the administrative paternity order, the court shall issue an order
confirming the administrative support order or the administrative paternity order. Confirmation of
the registered administrative support order or the registered administrative paternity order, whether by operation of law or after notice and hearing, precludes further
contest of the order with respect to any matter that could have
been asserted at the time of registration. Upon confirmation,
the registered administrative support order or the registered administrative paternity order shall be treated in
the same manner as a support order or a paternity order entered by the circuit court,
including the ability of the court to entertain a petition to
modify the administrative support order due to a substantial
change in circumstances or a petition to modify the administrative paternity order due to clear and convincing evidence regarding paternity, or petitions for visitation or custody
of the child or children covered by the administrative support
order or the administrative paternity order. Nothing in this Section shall be construed to alter the
effect of a final administrative support order or a final administrative paternity order, or the restriction
of judicial review of such a final order to the provisions of the
Administrative Review Law, as provided in Sections 10-11 and 10-17.7 of this Code.
(l) Notwithstanding the limitations of relief provided for under this Section regarding an administrative paternity order and the administrative relief available from an administrative paternity order under Sections 10-12 through 10-14.1 of this Code, a party may petition for relief from a registered final administrative paternity order entered by consent of the parties, excluding a voluntary acknowledgement or denial of paternity as well as an administrative paternity order entered pursuant to genetic testing. The petition shall be filed pursuant to Section 2-1401 of the Code of Civil Procedure based upon a showing of due diligence and a meritorious defense. The court, after reviewing the evidence regarding this specific type of administrative paternity order entered by consent of the parties, shall issue an order regarding the petition. Nothing in this Section shall be construed to alter the effect of a final administrative paternity order, or the restriction of judicial review of such a final order to the provisions of the Administrative Review Law, as provided in Section 10-17.7 of this Code.
(Source: P.A. 99-471, eff. 8-27-15; 100-201, eff. 8-18-17.)
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305 ILCS 5/10-16
(305 ILCS 5/10-16) (from Ch. 23, par. 10-16)
Sec. 10-16.
Judicial enforcement of court and administrative support
orders. Court orders entered in proceedings under Section 10-10 and court
orders for enforcement of an administrative order under Section 10-15 and
for the payment of money may be enforced by attachment as for contempt
against the persons of the defendants, and in addition, as other judgments
for the payment of money, and costs may be adjudged against the defendants
and apportioned among them; but if the complaint is dismissed, costs shall
be borne by the Illinois Department or the local governmental unit, as the
case may be. If a responsible relative is directed by the Illinois
Department, or the local governmental unit, under the conditions stated in
Section 10-8, to make
support payments directly to the person, or to some person or agency
in his behalf, the court order entered against him under this Section or
Section 10-10 may be enforced as herein provided if he thereafter fails to
furnish support in accordance with its terms. The State of Illinois shall
not be required to make a deposit for or pay any costs or fees of any court
or officer thereof in any proceeding instituted under this Section.
The provisions of the Civil Practice Law,
and all amendments and modifications thereof, shall apply to and govern all
actions instituted under this Section and Section 10-10.
In such actions proof that a person is an applicant for or recipient of
public aid under any Article of this Code shall be prima facie proof that
he is a person in necessitous circumstances by reason of infirmity,
unemployment or other cause depriving him of the means of a livelihood
compatible with health and well-being.
Payments under this Section to the Illinois Department pursuant to the
Child Support Enforcement Program established by Title IV-D of the Social
Security Act shall be paid into the Child Support Enforcement Trust Fund.
All payments under this Section to the Illinois Department of Human
Services shall be deposited in the DHS Recoveries
Trust Fund. Disbursements from these funds shall be as provided in Sections
12-9.1 and 12-10.2 of this Code. Payments received by a local
governmental unit shall be deposited in that unit's General Assistance Fund.
In addition to the penalties or punishment that may be imposed under this
Section, any person whose conduct constitutes a violation of Section 15 of the
Non-Support Punishment Act may be prosecuted
under that Act,
and
a person convicted under that Act may be sentenced in
accordance with that
Act. The sentence may include but need not be limited to a
requirement
that the person
perform community service under Section 50 of that
Act or
participate in a work alternative program under Section 50 of that
Act. A person may not be required to participate in a work
alternative
program under Section 50 of that Act if
the person is currently
participating in a work program pursuant to Section 10-11.1 of this Code.
To the extent the provisions of this Section are inconsistent with the
requirements pertaining to the State Disbursement Unit under Sections 10-10.4
and 10-26 of this Code, the requirements pertaining to the State Disbursement
Unit shall
apply.
(Source: P.A. 91-24, eff. 7-1-99; 91-212, eff.
7-20-99; 92-16, eff. 6-28-01.)
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305 ILCS 5/10-16.2
(305 ILCS 5/10-16.2) (from Ch. 23, par. 10-16.2)
Sec. 10-16.2.
Withholding of Income to Secure Payment of Support.
Orders for support entered under this Code are subject to the Income
Withholding for Support Act.
(Source: P.A. 90-18, eff. 7-1-97; 90-425, eff.
8-15-97; 90-655, eff. 7-30-98; 90-673, eff. 1-1-99; 90-790,
eff. 8-14-98; 91-357, eff. 7-29-99.)
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305 ILCS 5/10-16.3
(305 ILCS 5/10-16.3) (from Ch. 23, par. 10-16.3)
Sec. 10-16.3.
Posting Security, Bond or Guarantee to Secure Payment.
The court may require the responsible relative to post security, bond or
give some other guarantee of a character and amount sufficient to assure
payment of any amount of support due.
(Source: P.A. 84-758.)
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305 ILCS 5/10-16.4
(305 ILCS 5/10-16.4)
Sec. 10-16.4.
Information concerning obligors.
(a) In this Section:
"Arrearage", "delinquency", "obligor", and "order for support" have the
meanings attributed to those terms in the Income Withholding for Support
Act.
"Consumer reporting agency" has the meaning attributed to that term in
Section 603(f) of the Fair Credit Reporting Act, 15 U.S.C. 1681a(f).
(b) Whenever a court of competent jurisdiction finds that an obligor either
owes an arrearage of more than $10,000 or is delinquent in payment of an amount
equal to at least 3 months' support obligation pursuant to an order for
support, the court shall direct the clerk of the court to make information
concerning the obligor available to consumer reporting agencies.
(c) Whenever a court of competent jurisdiction finds that an obligor either
owes an arrearage of more than $10,000 or is delinquent in payment of an amount
equal to at least 3 months' support obligation pursuant to an order for
support, the court shall direct the clerk of the court to cause the obligor's
name and address to be published in a newspaper of general circulation in the
area in which the obligor resides. The clerk shall cause the obligor's name
and address to be published only after sending to the obligor at the obligor's
last known address, by certified mail, return receipt requested, a notice of
intent to publish the information. This subsection (c) applies only if the
obligor resides in the county in which the clerk of the court holds office.
(Source: P.A. 90-466, eff. 1-1-98; 90-673, eff. 1-1-99.)
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305 ILCS 5/10-16.5
(305 ILCS 5/10-16.5)
Sec. 10-16.5. Interest on support obligations. A support obligation, or
any portion of a support obligation, which becomes due and remains unpaid as of the end of each month, excluding the child support that was due for that month to the extent that it was not paid in that month,
shall accrue simple interest as set forth in Section 12-109 of the Code of Civil Procedure.
An order for support entered or modified on or after January 1, 2006 shall
contain a statement that a support obligation required under the order, or any
portion of a support obligation required under the order, that becomes due and
remains unpaid as of the end of each month, excluding the child support that was due for that month to the extent that it was not paid in that month, shall accrue simple interest as set forth in Section 12-109 of the Code of Civil Procedure. Failure to include the statement in the order for support does
not affect the validity of the order or the accrual of interest as provided in
this Section. The Department may provide, by rule, if, or how, the Department will enforce interest in cases in which IV-D services are being provided.
(Source: P.A. 101-336, eff. 8-9-19.)
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305 ILCS 5/10-16.6
(305 ILCS 5/10-16.6)
Sec. 10-16.6.
Electronic Funds Transfer Committee.
(a) The Director of Public Aid shall establish within the Department an
Electronic
Funds Transfer Committee. The Director or his or her designee shall be a member
of the
committee and shall serve as chairperson of the committee. The Director shall
appoint 4
other members of the committee, 2 of whom shall represent employers in this
State and 2
of whom shall represent the banking industry in this State. The administrator
of the State
Disbursement Unit established under Section 10-26 shall be an ex officio member
of the
committee.
(b) The committee shall study ways to modify or expand the use of
electronic
funds transfers for the payment of child support. The committee shall report
its findings
and recommendations to the Governor and the General Assembly before December 1,
2001.
(c) The committee is abolished on December 1, 2001.
(Source: P.A. 91-677, eff. 1-5-00.)
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305 ILCS 5/10-16.7 (305 ILCS 5/10-16.7) Sec. 10-16.7. Child support enforcement debit authorization. (a) For purposes of this Section: "Financial institution" and "account" are defined as set forth in Section 10-24.
"Payor" is defined as set forth in Section 15 of the Income Withholding for Support Act.
"Order for support" means any order for periodic payment of funds to the State Disbursement Unit for the support of a child or, where applicable, for support of a child and a parent with whom the child resides, that is entered or modified under this Code or under the Illinois Marriage and Dissolution of Marriage Act, the Non-Support of Spouse and Children Act, the Non-Support Punishment Act, the Illinois Parentage Act of 1984, or the Illinois Parentage Act of 2015, or that is entered or registered for modification or enforcement under the Uniform Interstate Family Support Act.
"Obligor" means an individual who owes a duty to make payments under an order for support in a case in which child support enforcement services are being provided under this Article X. (b) The Department of Public Aid (now Healthcare and Family Services) shall adopt a child support enforcement debit authorization form that, upon being signed by an obligor, authorizes a financial institution holding an account on the obligor's behalf to debit the obligor's account periodically in an amount equal to the amount of child support that the obligor is required to pay periodically and transfer that amount to the State Disbursement Unit. The form shall include instructions to the financial institution concerning the debiting of accounts held on behalf of obligors and the transfer of the debited amounts to the State Disbursement Unit. In adopting the form, the Department may consult with the Office of Banks and Real Estate and the Department of Financial Institutions. The Department must adopt the form within 6 months after the effective date of this amendatory Act of the 93rd General Assembly. Promptly after adopting the form, the Department must notify each financial institution conducting business in this State that the form has been adopted and is ready for use. (c) An obligor who does not have a payor may sign a child support debit authorization form adopted by the Department under this Section. The obligor may sign a form in relation to any or all of the financial institutions holding an account on the obligor's behalf. Promptly after an obligor signs a child support debit authorization form, the Department shall send the original signed form to the appropriate financial institution. Subject to subsection (e), upon receiving the form, the financial institution shall debit the account and transfer the debited amounts to the State Disbursement Unit according to the instructions in the form. A financial institution that complies with a child support debit authorization form signed by an obligor and issued under this Section shall not be subject to civil liability with respect to any individual or any agency.
(d) The signing and issuance of a child support debit authorization form under this Section does not relieve the obligor from responsibility for compliance with any requirement under the order for support.
(e) A financial institution is obligated to debit the account of an obligor pursuant to this Section only if or to the extent:
(1) the financial institution reasonably believes the | | debit authorization form is a true and authentic original document;
|
| (2) there are finally collected funds in the account;
| | (3) the account is not subject to offsetting claims
| | of the financial institution, whether due at the time of receipt of the debit authorization form or thereafter to become due and whether liquidated or unliquidated.
|
| To the extent the account of the obligor is pledged or held by the financial institution as security for a loan or other obligation, or that the financial institution has any other claim or lien against the account, the financial institution is entitled to retain the account.
(Source: P.A. 99-85, eff. 1-1-16 .)
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305 ILCS 5/10-17
(305 ILCS 5/10-17) (from Ch. 23, par. 10-17)
Sec. 10-17. Other
actions and remedies for support.
The procedures, actions, and remedies provided in this Article shall in
no way be exclusive, but shall be available in addition to other actions
and remedies of support, including, but not by way of limitation, the
remedies provided in (a) the Illinois Parentage Act of 2015; (b) (blank); (b-5) the Non-Support Punishment Act; (c) (blank); (d) the Illinois Marriage and Dissolution of Marriage Act; (e) the Uniform Child-Custody Jurisdiction and Enforcement Act; (f) the Uniform Interstate Family Support Act; and (g) the common law.
This Article does not create, enlarge, abrogate, or diminish parental rights or duties under other laws of this State, including the common law. (Source: P.A. 102-541, eff. 8-20-21.)
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305 ILCS 5/10-17.05 (305 ILCS 5/10-17.05) Sec. 10-17.05. Actions and remedies for support; other laws. Notwithstanding any other State or local law to the contrary, actions and remedies under this Article, the Uniform Interstate Family Support Act, or other State laws shall be cumulative and used in conjunction with one another, as appropriate. Actions and remedies under the Uniform Interstate Family Support Act shall not require a custody or visitation determination as a prerequisite to a determination of a support obligation. If a custody or visitation determination is not permitted under the Uniform Interstate Family Support Act, the determination may be made under another appropriate State law if the court has authority to make the decision under the appropriate law.
(Source: P.A. 102-541, eff. 8-20-21.) |
305 ILCS 5/10-17.1
(305 ILCS 5/10-17.1) (from Ch. 23, par. 10-17.1)
Sec. 10-17.1. Administrative Order by Registration. The Illinois
Department may provide by rule for the administrative registration of a
support order
entered by a court or administrative body of another
state.
The purpose of registration shall be to enforce or modify the order in
accordance with the provisions of the Uniform Interstate Family Support
Act. Upon
registration, such support order shall become an administrative order of
the Child and Spouse Support Unit by operation of law. The rule shall
provide for notice to and an opportunity to be heard by the responsible
relative and custodial parent affected, and any final administrative
decision rendered by the
Department shall be reviewed only under and in accordance with the
Administrative Review Law.
Any new or existing support order registered by the Illinois Department
under this Section shall be deemed to be a series of judgments against the
person obligated to pay support thereunder, each such judgment to be in the
amount of each payment or installment of support and each such judgment to
be deemed entered as of the date the corresponding payment or installment
becomes due under the terms of the support order. Each such judgment
shall be
enforceable in the same manner as any other judgment in this State.
Notwithstanding any other State or local law to the contrary, a lien arises by operation of law against the real and personal property of
the noncustodial parent for each
installment of overdue support owed by the noncustodial parent.
A one-time charge of 20% is imposable upon the amount of past-due child
support owed on July 1, 1988, which has accrued under a support order
registered by the Illinois Department under this Section. The charge shall
be imposed in accordance with the provisions of Section 10-21 and shall be
enforced by the court in a suit filed under Section 10-15.
(Source: P.A. 97-186, eff. 7-22-11.)
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305 ILCS 5/10-17.2
(305 ILCS 5/10-17.2) (from Ch. 23, par. 10-17.2)
Sec. 10-17.2.
Income Withholding By Administrative Order.
The Illinois
Department may provide by rule for entry of an administrative support order
containing income withholding provisions and for service and enforcement of an
income withholding notice and a National Medical Support Notice, by
the Child and
Spouse Support Unit based upon and in the same manner as prescribed by
the Income Withholding for Support Act.
The penalties provided in the Income Withholding for Support Act shall apply
hereto and
shall be enforced by filing an action under that Act.
The rule shall provide for notice to and an opportunity
to be heard by the responsible relative affected and any final
administrative decision rendered by the Department shall be reviewed only
under and in accordance with the Administrative Review Law.
(Source: P.A. 92-590, eff. 7-1-02.)
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305 ILCS 5/10-17.3
(305 ILCS 5/10-17.3) (from Ch. 23, par. 10-17.3)
Sec. 10-17.3. Federal Income Tax Refund Intercept. The Illinois
Department may provide by rule for certification to the United States Department of
Health and Human Services of past due support owed
by responsible relatives under a support order entered by a court or
administrative body of this or any other State on behalf of resident or
non-resident persons. The purpose of certification shall be to intercept
Federal Income Tax refunds due such relatives in order to satisfy such past
due support in whole or in part.
The rule shall provide for notice to and an opportunity to be heard by
the responsible relative affected and any final administrative decision
rendered by the Department shall be reviewed only under and in accordance
with the Administrative Review Law. Certification shall be accomplished in
accordance with Title IV, Part D of the federal Social Security Act and
rules and regulations promulgated thereunder.
(Source: P.A. 100-201, eff. 8-18-17.)
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305 ILCS 5/10-17.4
(305 ILCS 5/10-17.4) (from Ch. 23, par. 10-17.4)
Sec. 10-17.4.
Security, Bond or Guarantee to Secure Payment.
The Illinois
Department may provide by rule for the requiring of, or for the requesting
of the court to require, a responsible relative to post security, bond or give
some other guarantee of a character and amount sufficient to assure payment
of any amount due under a support order entered by a court or
administrative body of this or any other State on behalf of resident or
non-resident persons. The rule shall provide for notice to and an
opportunity to be heard by each responsible relative affected and any final
administrative decision rendered by the Department shall be reviewed only
under and in accordance with the Administrative Review Law.
(Source: P.A. 84-758.)
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305 ILCS 5/10-17.5
(305 ILCS 5/10-17.5) (from Ch. 23, par. 10-17.5)
Sec. 10-17.5.
State Income Tax Refund and Other Payment Intercept.
The
Illinois Department may provide by rule for certification to the
Comptroller of past due support owed by responsible relatives under a
support order entered by a court or administrative body of this or any
other State on behalf of resident or non-resident persons. The purpose of
certification shall be to intercept state income tax refunds and other
payments due such relatives in order to satisfy such past due support, in
whole or in part, whether or not such support is owed to the State. The
rule shall provide for notice to and an opportunity to be heard by the
responsible relative and any joint payee affected and any final
administrative decision rendered by the Department shall be reviewed only
under and in accordance with the Administrative Review Law. In any case
where a state income tax refund is intercepted wrongfully or erroneously,
the Department shall pay to such relative and any joint payee affected the
amount of the refund plus interest, if any, on such amount at the rate of
9% per annum (or at such adjusted rate as is established under Section 6621(b)
of the Internal Revenue Code). Interest shall be calculated from the
date the Department receives the refund or from 60 days following the date
the Department receives a request to be heard, whichever is later, until
the date of payment to such relative and joint payee.
(Source: P.A. 85-1440.)
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305 ILCS 5/10-17.6
(305 ILCS 5/10-17.6) (from Ch. 23, par. 10-17.6)
Sec. 10-17.6. Certification of
Information to Licensing Agencies. (a) The
Illinois Department may provide by rule for certification to any State
licensing agency to suspend, revoke, or deny issuance or renewal of licenses because of (i) the failure of responsible relatives to comply with subpoenas or warrants relating to paternity or child support proceedings and (ii) past due support owed by responsible relatives under a
support order entered by a court or administrative body of this or any
other State on behalf of resident or non-resident persons receiving child support enforcement services under Title IV, Part D of the Social Security Act. The rule shall
provide for notice to and an opportunity to be heard by each responsible
relative affected and any final administrative decision rendered by the
Department shall be reviewed only under and in accordance with the
Administrative Review Law.
(b) The Illinois Department may provide by rule for directing the Secretary of State to issue family financial
responsibility driving permits upon petition of responsible relatives whose driver's licenses have been suspended in accordance with subsection (b) of Section 7-702.1 of the Illinois Vehicle Code. Any final administrative decisions rendered by the Department upon such petitions shall be reviewable only under and in accordance with the
Administrative Review Law. (Source: P.A. 95-685, eff. 10-23-07; 96-1284, eff. 1-1-11.)
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305 ILCS 5/10-17.7
(305 ILCS 5/10-17.7)
Sec. 10-17.7. Administrative determination of paternity. The Illinois
Department may provide by rule for the administrative determination of
paternity by the Child and Spouse Support Unit in cases involving applicants
for or recipients of financial aid under Article IV of this Act and other
persons who are given access to the child support
enforcement services of this
Article as provided in Section 10-1, including persons similarly situated and
receiving similar services in other states. The rules shall extend to cases in
which the mother and alleged father voluntarily acknowledge paternity in the
form required by the Illinois Department or agree
to be bound by the results of genetic testing or in which the alleged
father
has failed to respond to a notification of support obligation issued under
Section 10-4 and to cases of contested paternity. The Illinois
Department's form for voluntary acknowledgement of paternity shall be the same form prepared by the Illinois Department for use under the requirements of Section 12 of the Vital Records Act. Any
presumption provided for under the Illinois Parentage Act of
1984 or under the Illinois Parentage Act of 2015 on and after the effective date of that Act shall apply to cases in which paternity is determined under the rules of
the Illinois Department. The rules shall provide for notice and an opportunity
to be heard by the responsible relative and the person receiving child support enforcement services under this Article if paternity is
not
voluntarily acknowledged, and any final administrative
decision rendered by the Illinois Department shall be reviewed only under and
in accordance with the Administrative Review Law. Determinations of paternity
made by the Illinois Department under the rules authorized by this Section
shall
have the full force and effect of a court judgment of paternity entered under
the Illinois Parentage Act of 1984 or under the Illinois Parentage Act of 2015.
In determining paternity in contested cases, the Illinois Department shall
conduct the evidentiary hearing in accordance with Article 4 of the Illinois Parentage Act of 2015, except that references in that Article to "the court" shall be
deemed to mean the Illinois Department's hearing officer in cases in which
paternity is determined administratively by the Illinois Department.
Notwithstanding any other provision of this Article, a
default determination
of
paternity may be made if service of the notice under Section 10-4 was made by
publication under the rules for administrative paternity determination
authorized by this Section. The rules as they pertain to service by
publication shall (i) be based on the provisions of Section 2-206 and 2-207 of
the Code of Civil Procedure, (ii) provide for service by publication in cases
in which
the whereabouts of the alleged father are unknown after diligent location
efforts by the Child and Spouse Support Unit, and (iii) provide for publication
of a notice of default paternity determination in the same manner that the
notice under Section 10-4 was published.
The Illinois Department
may implement this Section through the use of emergency rules in accordance
with Section 5-45 of the Illinois Administrative Procedure Act. For purposes
of the Illinois Administrative Procedure Act, the adoption of rules to
implement this Section shall be considered an emergency and necessary for
the public interest, safety, and welfare.
(Source: P.A. 99-85, eff. 1-1-16 .)
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305 ILCS 5/10-17.8
(305 ILCS 5/10-17.8)
Sec. 10-17.8.
New birth certificate.
The Illinois Department shall notify
the Department
of Public Health of a final determination of parentage and a voluntary
acknowledgment of paternity made under the rules
authorized by Section 10-17.7, and the Department of Public Health shall issue
a new certificate of birth pursuant to Section 17 of the Vital Records Act.
(Source: P.A. 89-6, eff. 3-6-95; 89-641, eff. 8-9-96.)
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305 ILCS 5/10-17.9
(305 ILCS 5/10-17.9)
Sec. 10-17.9. Past due support information to State Department of Revenue.
(a) The Illinois Department may provide by rule for certification to the
Illinois Department of Revenue of past due support owed by responsible
relatives under a support order entered by a court or administrative body of
this or any other State on behalf of resident or non-resident persons. The
rule shall provide for notice to and an opportunity to be heard by each
responsible relative affected. Any final administrative decision rendered by
the Department shall be reviewed only under and in accordance with the
Administrative Review Law. A responsible relative may avoid certification to
the Illinois Department of Revenue by establishing a satisfactory repayment
record as determined by the Illinois Department of Healthcare and Family Services.
(b) A certified past due support amount shall be final. The certified
amount shall be payable to the Illinois Department of Revenue upon written
notification of the certification to the responsible relative by the Illinois
Department of Revenue.
(c) In the event a responsible relative overpays pursuant to collection
under this Section and the applicable Sections of the Illinois Income Tax Act,
the overpayment shall be a credit against future support obligations. If the
current support obligation of the responsible relative has terminated under
operation of law or court order, any moneys overpaid but still in the
possession of the Department shall be promptly returned to the responsible
relative.
(d) Except as otherwise provided in this Article, any child support
delinquency certified to the Illinois Department of Revenue shall be treated as
a child support delinquency for all other purposes, and any collection action
by the State's Attorney or the Illinois Department of Revenue with respect to
any delinquency certified under this Article shall have the same priority
against attachment, execution, assignment, or other collection action as is
provided by any other provision of State law.
(e) Any child support delinquency collected by the Illinois Department of
Revenue, including those amounts that result in overpayment of a child support
delinquency, shall be paid to the State Disbursement Unit established under
Section 10-26.
(Source: P.A. 95-331, eff. 8-21-07.)
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305 ILCS 5/10-17.11
(305 ILCS 5/10-17.11)
Sec. 10-17.11.
Requests to other states for administrative enforcement.
The Illinois Department may provide by rule for certification to other states'
child support enforcement agencies of past due support owed by responsible
relatives under a support order entered by a court or administrative body of
this or
any other state on behalf of resident or non-resident persons. The purpose
of certification shall be to request the other states' assistance in
administrative enforcement of the support orders. The rule shall provide
for notice to and an opportunity to be heard by the responsible relative
affected and any final administrative decision rendered by the Illinois
Department shall be reviewed only under and in accordance with the
Administrative Review Law.
(Source: P.A. 90-18, eff. 7-1-97.)
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305 ILCS 5/10-17.12 (305 ILCS 5/10-17.12) Sec. 10-17.12. Compromise of assigned child support arrearages. The Department of Healthcare and Family Services may provide by rule for compromise of debt owed to the State in the form of child support arrearages and interest accrued on child support arrearages assigned to the State under Section 10-1. The rule shall establish the circumstances under which such obligations may be compromised, with due regard for the payment ability of low-income obligors and the importance of encouraging payment of current child support obligations. The rule shall provide that assigned obligations shall be compromised only in exchange for regular payment of support owed to the family and shall require that obligors considered for debt compromise demonstrate inability to pay during the time the assigned obligation accumulated. The rule shall provide for nullification of any compromise agreement and the prohibition of any future compromise agreement if the obligor fails to adhere to the compromise agreement. In addition, the rule shall establish debt compromise criteria calculated to maximize positive effects on families and the level of federal incentive payments payable to the State under Title IV, Part D of the Social Security Act and regulations promulgated thereunder.
(Source: P.A. 94-971, eff. 1-1-07.) |
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