305 ILCS 5/10-1
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. 10-1)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.)