305 ILCS 5/10-16
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. 10-16)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.)