305 ILCS 5/10-10
2021 Illinois Compiled Statutes|Chapter 305 - PUBLIC AID|305 ILCS 5/ - Illinois Public Aid Code.|Article X - Determination And Enforcement Of Support Responsibility Of Relatives

 (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(2) if the person owing past-due support is     unemployed, is subject to such a plan, and is not incapacitated, that the person participate in such job search, training, or work programs established under Section 9-6 and Article IXA of this Code as the court deems appropriate.A determination under this Section shall not be administratively  reviewable by the procedures specified in Sections 10-12, and 10-13 to  10-13.10.  Any determination under these Sections, if made the basis of  court action under this Section, shall not affect the de novo judicial  determination required under this Section.If a person who is found guilty of contempt for failure to comply with an order to pay support is a person who conducts a business or who  is self-employed,  the court in addition to other penalties provided by law may order that the person do one or more of the following: (i) provide to the court monthly financial statements showing income and expenses from the business or the self-employment; (ii)  seek employment and report periodically to the court with a diary, listing, or other memorandum of his or her employment search efforts; or (iii) report to the Department of Employment Security for job search services to find employment that will be subject to withholding of child support.A one-time charge of 20% is imposable upon the amount of past-due child  support owed on July 1, 1988 which has accrued under a support order  entered by the court.  The charge shall be imposed in accordance with the  provisions of Section 10-21 of this Code and shall be enforced by the court  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.)