305 ILCS 5/10-3.1
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. 10-3.1)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.)