750 ILCS 5/710
2021 Illinois Compiled Statutes|Chapter 750 - FAMILIES|750 ILCS 5/ - Illinois Marriage and Dissolution of Marriage Act.|Part VII - Miscellaneous

 (from Ch. 40, par. 710)Sec. 710.     Enforcement; Penalties.(a) In counties certified as included  under the provisions of Sections 709 through 712 and whose application for  reimbursement is approved, there shall be instituted a child support  enforcement program to be conducted by the clerk of the circuit court and  the state's attorney of the county. The program is to be limited to  enforcement of child support orders entered pursuant to this Act.The child support enforcement program is to be conducted only on  behalf of dependent children included in a grant of financial aid under  Article IV of The Illinois Public Aid Code and parties  who apply and qualify for child support enforcement services pursuant  to Section 10-1 of such Code.Nothing in this Section shall be construed to prohibit the establishment of  a child support enforcement program by the clerk of the circuit court in  cooperation with the State's Attorney of the county.(b) In the event of a delinquency in payment, as determined from the record  maintained by the clerk in a county covered by the child support enforcement  program, such clerk shall notify both the party obligated to make the payment,  hereinafter called the payor, and the recipient of such payment, hereinafter  called the payee, of such delinquency and that if the amount then due and  owing is not remitted in the time period required by circuit court rules,  the matter will be referred to the state's attorney for enforcement  proceedings. Upon failure of the payor to remit as required, the clerk  shall refer the matter to the state's attorney, except as provided by rule  of the circuit court.(c) Upon referral from the clerk, the state's attorney shall promptly  initiate enforcement proceedings against the payor.  Legal representation  by the state's attorney shall be limited to child support and shall not  extend to visitation, custody, property or other matters; however, if the  payor properly files pleadings raising such matters during the course of the  child support hearing and the court finds that it has jurisdiction of such  matters, the payee shall be granted the opportunity to obtain a continuance  in order to secure representation for those other matters, and the court  shall not delay entry of an appropriate support order pending the  disposition of such other matters.If the state's attorney does not commence enforcement proceedings within  30 days, the clerk shall inform the court which, upon its own motion, shall  appoint counsel for purposes of enforcement.  The fees and expenses of such  counsel shall be paid by the payor and shall not be paid by the State.Nothing in this Section shall be construed to prevent a payee from  instituting independent enforcement proceedings or limit the remedies  available to payee in such proceedings.  However, absent the exercise under  this provision of a private right of enforcement, enforcement shall be as  otherwise provided in this Section.(d) At the time any support order is entered, the payee shall be informed  of the procedure used for enforcement and shall be given the address and  telephone number both of the clerk and of the Child and Spouse Support Unit  as provided in Section 712.The payee shall be informed that, if no action is taken within 2 months  of any complaint to the clerk, payee may contact the Unit  to seek assistance in obtaining enforcement.(e) Upon a finding that payor is in default and that such non-payment  is for a period of two months and that such non-payment is without good  cause, the court shall order the payor to pay a sum equal to 2% of the  arrearage as a penalty along with his payment.The court may further assess against the payor any fees and expenses incurred  in the enforcement of any order or the reasonable value thereof and may  impose any penalty otherwise available to it in a case of contempt.All penalties, fees and expenses assessed against the payor pursuant to  this subsection are to cover the expenses of enforcement, are to be  paid to the clerk and are to be placed by him in  the special fund provided for in Section 711.(f) Any person not covered by the child support enforcement  program may institute private and independent proceedings to enforce  payment of support.    (Source: P.A. 92-590, eff. 7-1-02.)