2023 Illinois Compiled Statutes › Chapter 305 - PUBLIC AID › 305 ILCS 5/ - Illinois Public Aid Code. › Article X - Determination And Enforcement Of Support Responsibility Of Relatives

(305 ILCS 5/Art. X heading)
ARTICLE X.  DETERMINATION AND ENFORCEMENT OF
SUPPORT RESPONSIBILITY OF RELATIVES
(Source: P.A. 103-154, eff. 6-30-23.)
(305 ILCS 5/10-1) (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; 102-813, eff. 5-13-22.)
(305 ILCS 5/10-2) (from Ch. 23, par. 10-2)
Sec. 10-2. Extent of liability. A husband is liable for the support of his
wife and a wife for the support of her husband. Unless the child is otherwise
emancipated, the parents are severally liable for the support of any child
under age 18, and for any child aged 18 who is attending high school, until
that child graduates from high school, or attains the age of 19, whichever is
earlier.  The term "child" includes a child born out of wedlock, or legally
adopted child.
The liability for the support of a child provided for in this Article does not require a previous court order for custody and is in conjunction with the guidelines set forth in Section 505 of the Illinois Marriage and Dissolution of Marriage Act, as provided for in Section 10-10 of this Article. The obligation to support contained in this Article is concurrent to any other appropriate State law.
This Article does not create, enlarge, abrogate, or diminish parental rights or duties under other laws of this State, including the common law.
An action to establish or enforce a support obligation, under this or any other Act providing for the support of a child, may be brought subsequent to an adjudication dismissing that action based on any of the following reasons: (1) no duty of support exists under this Article because this Article requires a previous court order for custody/allocation of parental responsibilities (as no such requirement exists under this Act); (2) there is no common law duty of support (as a common law duty of support is recognized as a valid basis for child support); or (3) there is no duty of support under the Illinois Parentage Act of 2015 because a judgment of paternity results in a de facto custody/allocation of parental responsibilities order (as this ignores the cumulative nature of the Act and the plain language of the statute permitting an explicit reservation of the issue. The Illinois Parentage Act of 2015 will be clarified regarding a de facto custody/allocation of parental responsibilities order as it relates to the Uniform Interstate Family Support Act).
In addition to the primary obligation of support imposed upon
responsible relatives, such relatives, if individually or together in any
combination they have sufficient income or other resources to support a
needy person, in whole or in part, shall be liable for any financial aid
extended under this Code to a person for whose support they are
responsible, including amounts expended for funeral and burial costs.
(Source: P.A. 102-541, eff. 8-20-21.)
(305 ILCS 5/10-3) (from Ch. 23, par. 10-3)
Sec. 10-3. 
		Standard and Regulations for Determining Ability to Support. 
		
The Illinois Department shall establish a standard by which shall be
measured the ability of responsible relatives to provide support, and shall
implement the standard by rules governing its application.  The standard and
the rules shall take into account the buying and consumption patterns of
self-supporting persons of modest income, present or future contingencies
having direct bearing on maintenance of the relative's self-support status
and fulfillment of his obligations to his immediate family, and any unusual
or exceptional circumstances including estrangement or other personal or
social factors, that have a bearing on family relationships and the
relative's ability to meet his support obligations.  The standard shall be
recomputed periodically to reflect changes in the cost of living and other
pertinent factors.
In addition to the standard, the Illinois Department may
establish guidelines to be used exclusively to measure the ability of
responsible relatives to provide support on behalf of applicants for or
recipients of financial aid under Article IV of this Act and other persons
who are given access to the child support enforcement
services of this
Article as provided in Section 10-1.  In such case, the Illinois Department
shall base the guidelines upon the applicable provisions of Sections 504,
505 and 505.2 of the Illinois Marriage and Dissolution of Marriage Act, as
amended, and shall implement such guidelines by rules governing
their application.
The term "administrative enforcement unit", when used
in this Article, means local governmental units or the Child and Spouse Support
Unit established under Section 10-3.1 when exercising the powers designated in
this Article.  The administrative enforcement unit shall apply the standard
or guidelines, rules and procedures provided for by this Section and Sections
10-4 through 10-8 in determining the ability of responsible relatives to
provide support for applicants for or recipients of financial aid under
this Code, except that the administrative enforcement unit may apply such
standard or guidelines, rules and procedures at its discretion with
respect to those applicants for or recipients of financial aid under
Article IV and other persons who are given access to the child
support enforcement services of this Article as provided by Section 10-1.
(Source: P.A. 92-590, eff. 7-1-02; 92-651, eff. 7-11-02.)
(305 ILCS 5/10-3.1) (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.)
(305 ILCS 5/10-3.2) (from Ch. 23, par. 10-3.2)
Sec. 10-3.2. 
		Parent Locator Service. 
		The Illinois Department through
its Child and Spouse Support Unit shall enter into agreements with the
Secretary
of Health and Human Services or his designee under which the services of
the federal Parent Locator Service established by the Social Security Act
are made available to this State and the Illinois Department for the purpose
of locating an absent parent or child when the child has been abducted or
otherwise improperly removed or retained from the physical custody of a
parent or other person entitled to custody of the child, or in connection
with the making or enforcing of a child custody determination in custody
proceedings instituted under the Uniform
Child Custody Jurisdiction Act or the Uniform Child-Custody Jurisdiction
and Enforcement Act,
or otherwise in accordance with law.
The Illinois Department shall provide general information to the public
about the availability and
use of the Parent Locator Service in relation to child abduction and
custody determination proceedings, shall promptly respond to inquiries made
by those parties specified by federal regulations upon receipt of
information as to the location of an absent parent or child from the
federal Parent Locator Service and shall maintain accurate records as to
the number of such inquiries received and processed by the Department.
(Source: P.A. 93-108, eff. 1-1-04.)
(305 ILCS 5/10-3.3)
Sec. 10-3.3. Locating support obligor and others; penalties.
(a) Upon request by the Child and Spouse Support Unit,  employers, labor
unions, cellular telephone companies, and telephone companies shall
provide
location information concerning putative fathers and noncustodial parents for
the purpose of establishing a child's paternity or establishing, enforcing, or
modifying a child support obligation.  In this Section, "location information"
means information about (i) the physical whereabouts, including, but not limited to, the home address, home telephone number, cellular telephone number, and e-mail address of a putative father or
noncustodial parent, (ii) the putative father or noncustodial parent's
employer, or
(iii) the salary, wages, and other
compensation paid and the health insurance coverage provided to the putative
father or noncustodial parent by the employer of the putative father or
noncustodial parent
or by a labor union of which the putative father or noncustodial parent is a
member. As used in this Section, "cellular telephone company" includes a cellular telephone or wireless carrier or provider, but does not include a pre-paid wireless carrier or provider. As used in this Section, "physical whereabouts" does not include real time or historical location tracking information.
An employer, labor union, cellular telephone company, or telephone company shall respond to
the request of the Child and Spouse Support Unit within 15 days after
receiving the request.  Any
employer, labor union, cellular telephone company, or telephone company that
willfully fails to fully respond within the 15-day period shall be subject to 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, labor
union, cellular telephone company, or telephone company in
favor of the Illinois Department.
(b) Upon being served with an administrative subpoena as authorized under
this
Code, a utility
company or cable television company must provide location information to the
Child and Spouse
Support Unit for the purpose of establishing a child's paternity or
establishing, enforcing, or
modifying a child support obligation.
(c) Notwithstanding the provisions of any other State or local law to the
contrary, an
employer, labor union, cellular telephone company, telephone company, utility company, or cable television
company shall
not be liable to any person for disclosure of location information under the
requirements of this
Section, except for willful and wanton misconduct.
(Source: P.A. 100-487, eff. 6-1-18.)
(305 ILCS 5/10-3.4)
Sec. 10-3.4. Obtaining location information.
(a) The Illinois Department shall enter into agreements with the Illinois State Police and the Secretary of State to obtain location information on
persons for the purpose of establishing paternity, and establishing, modifying,
and enforcing child support obligations.
(b) Upon request, the Illinois Department shall provide information obtained
pursuant to this Section to federal agencies and other states' agencies
conducting child support enforcement activities under Title IV, Part D of the
Social Security Act.
(Source: P.A. 102-538, eff. 8-20-21.)
(305 ILCS 5/10-4) (from Ch. 23, par. 10-4)
Sec. 10-4. Notification of Support Obligation. The administrative enforcement unit within the authorized area of its
operation shall notify each responsible relative of an applicant or recipient,
or responsible relatives of other persons given access to the child support
enforcement services
of this Article, of his legal obligation to support and shall request such
information concerning his financial status as may be necessary to
determine whether he is financially able to provide such support, in whole
or in part. In cases involving a child born out of wedlock, the notification
shall include a statement that the responsible relative has been named as the
biological father of the child identified in the notification.
In the case of applicants, the notification shall be sent as soon as
practical after the filing of the application.  In the case of recipients,
the notice shall be sent at such time as may be established by rule of the
Illinois Department.
The notice shall be accompanied by the forms or questionnaires provided
in Section 10-5.  It shall inform the relative that he may be liable for
reimbursement of any support furnished from public aid funds prior to
determination of the relative's financial circumstances, as well as for
future support.
In the alternative, when support is sought on
behalf of applicants for or
recipients of financial aid under Article IV of this Code and other persons who
are given access to the child support enforcement services
of this Article as
provided in Section 10-1, the notice shall inform the relative that the
relative may be required to pay support for a period before the date an
administrative support order is entered, as well as future support.
Neither the mailing nor receipt of such notice shall be deemed a
jurisdictional requirement for the subsequent exercise of the investigative
procedures undertaken by an administrative enforcement unit or the entry of
any order or determination of paternity or support or reimbursement
by the
administrative enforcement unit; except that notice shall be served by
certified mail addressed to the responsible relative at his or her last
known address, return receipt requested, or by a person who is licensed or registered as a private detective under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004 or by a registered employee of a private detective agency certified under that Act, or in counties with a population of less than 2,000,000 by any method provided by law
for service of summons, in cases where a determination of paternity or
support by default is sought on
behalf of applicants for or recipients of financial aid under Article IV
of this Act and other persons who are given access to the child
support enforcement services of this Article as provided in Section 10-1.
(Source: P.A. 94-92, eff. 6-30-05; 95-613, eff. 9-11-07.)
(305 ILCS 5/10-5) (from Ch. 23, par. 10-5)
Sec. 10-5. Declarations by Responsible Relatives-Penalty. 
Information requested of responsible relatives shall be submitted on
forms or questionnaires prescribed by the Illinois Department or local
governmental units, as the case may be, and shall contain a written
declaration to be signed by the relative in substantially the following
form:
"I declare under penalties of perjury that I have examined this form
(or questionnaire) and all accompanying statements or documents pertaining
to my income, resources, or any other matter having bearing upon my status
and ability to provide support, and to the best of my knowledge and belief
the information supplied is true, correct, and complete".
A person who makes and subscribes a form or questionnaire which
contains, as hereinabove provided, a written declaration that it is made
under the penalties of perjury, knowing it to be false, incorrect or
incomplete, in respect to any material statement or representation bearing
upon his status as a responsible relative, or upon his income, resources,
or other matter concerning his ability to provide support, shall be subject
to the penalties for perjury provided for in Section 32-2 of the Criminal
Code of 2012.
(Source: P.A. 97-1150, eff. 1-25-13.)
(305 ILCS 5/10-6) (from Ch. 23, par. 10-6)
Sec. 10-6. 
		Investigation and Determination. 
		The administrative enforcement unit shall review the forms or
questionnaires returned by each responsible relative and supplement the
information provided therein, where required, by such additional
consultations with the responsible relative and such other investigations
as may be necessary, including genetic testing if paternity is an issue
and, applying the standard or guidelines and
regulations established by the Illinois Department, shall determine whether
and the extent to which, the responsible relative individually or together
in any combination, are reasonably able to provide support.
If the child was born out of wedlock and the case is subject to the voluntary
acknowledgment of paternity or
the administrative determination of paternity under rules established under
Section
10-17.7, the Child and Spouse Support Unit of the Illinois Department shall
determine the child support obligation under subsection (b) of Section 10-7
upon establishing the child's paternity.
If the child's paternity was established by judicial or administrative
process in any other state, the Illinois Department may use administrative
processes contained in this Article X to establish a child support order.
In aid of its investigative authority, the
Child and Spouse Support Unit of the
Illinois Department may use the subpoena power as set forth in
this Article.
The Illinois Department, by rule, may authorize the administrative
enforcement units to conduct periodic or other reinvestigations and
redeterminations of the financial ability of responsible relatives.  Any
redeterminations shall have the effect of altering, amending, or modifying
previous determinations and administrative orders entered pursuant to
Sections 10-7 and 10-11.  However, any redetermination which
establishes liability for support or reimbursement, or which modifies the
support or reimbursement liability specified in a prior order, shall be
subject to the provisions of Section 10-12 and the administrative and
judicial review procedures herein provided for original orders.
(Source: P.A. 89-641, eff. 8-9-96; 90-18, eff. 7-1-97.)
(305 ILCS 5/10-7) (from Ch. 23, par. 10-7)
Sec. 10-7. 
		Notice of support due.
(a) When an administrative enforcement unit has determined that a
responsible relative is financially able to contribute to the support of an
applicant or recipient, the responsible relative shall be notified by
mailing him a copy of the determination by United States registered or
certified mail, advising him of his legal obligation to make support
payments for such period or periods of time, definite in duration or
indefinite, as the circumstances require. The notice shall direct payment
as provided in Section 10-8. Where applicable, the determination and
notice may include a demand for reimbursement for emergency aid granted an
applicant or recipient during the period between the application and
determination of the relative's obligation for support and for aid granted
during any subsequent period the responsible relative was financially able
to provide support but failed or refused to do so.
(b) In the alternative, when support is sought on behalf of
applicants
for or recipients of financial aid under Article IV of this Act and other
persons who are given access to the child support
enforcement services of this
Article as provided in Section 10-1, the administrative enforcement unit shall
not be required to send the notice and may enter an administrative order
immediately under the provisions of Section 10-11.  The order shall be based
upon the determination made under the provisions of Section 10-6 or, in
instances of default, upon the needs of the persons for
whom support is sought.
In addition to requiring payment of future support, the administrative order
may require payment of support for a period before the date the order is
entered.  The
amount of support to be paid for the prior period shall be determined under the
guidelines established by the Illinois Department pursuant to Section 10-3.
The order shall
direct payment as provided in Section 10-10.
(Source: P.A. 92-590, eff. 7-1-02.)
(305 ILCS 5/10-8) (from Ch. 23, par. 10-8)
Sec. 10-8. 
		Support Payments - Partial Support - Full Support. 
		The
notice to responsible relatives issued pursuant to Section 10-7 shall
direct payment (a) to the Illinois Department in cases of applicants and
recipients under Articles III, IV, V and VII, (b) except as provided in
Section 10-3.1, to the local governmental unit in the case of applicants
and recipients under Article VI, and (c) to the Illinois
Department in cases of non-applicants and non-recipients given access to
the child support enforcement services of this Article, as
provided by
Section 10-1.  However, if the support payments by responsible relatives
are sufficient to meet needs of a recipient in full, including current
and anticipated medical needs, and the Illinois Department or the local
governmental unit, as the case may be, has reasonable grounds to believe
that such needs will continue to be provided in full by the responsible
relatives, the relatives may be directed to make subsequent support
payments to the needy person or to some person or agency in his behalf
and the recipient shall be removed from the rolls.  In such instance the
recipient also shall be notified by registered or certified mail of the
action taken.  If a recipient removed from the rolls requests the
Illinois Department to continue to collect the support payments in his
behalf, the Department, at its option, may do so and pay amounts so
collected to the person.  The Department may provide for deducting any
costs incurred by it in making the collection from the amount of any
recovery made and pay only the net amount to the person.
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. 91-24, eff. 7-1-99; 91-212, eff. 7-20-99; 92-16, eff.
6-28-01; 92-590, eff. 7-1-02.)
(305 ILCS 5/10-8.1)
Sec. 10-8.1. Temporary order for child support. Notwithstanding any other
law to the contrary, pending the outcome of an
administrative determination of parentage, the Illinois Department shall issue
a temporary order for child support, upon motion by a party and a showing of
clear and convincing evidence of paternity.  In determining the amount of the
temporary child support award, the Illinois Department shall use 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.
Any new or existing support order entered by the Illinois Department 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 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.
All orders for support entered or modified in a case in which a party is
receiving child support enforcement services under this
Article X shall include
a provision requiring the non-custodial parent to notify 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 sufficient showing
that diligent effort has been made to ascertain the location of the
non-custodial parent, service of process or provision of notice necessary in
that action 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 Act, 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 Illinois Department
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.
(Source: P.A. 97-186, eff. 7-22-11.)
(305 ILCS 5/10-9) (from Ch. 23, par. 10-9)
Sec. 10-9. 
		Alternative Actions to Enforce Support. 
		
		If a responsible relative fails or refuses to furnish support, or
contributes less than the amount indicated by the determination, the
administrative enforcement unit shall take action to enforce support in
accordance with Section 10-10 or Section 10-11.
(Source: Laws 1967, p. 122.)
(305 ILCS 5/10-9.5)
Sec. 10-9.5. Access to records. In any hearing, case, appeal, or other matter arising out of the provisions concerning the determination and enforcement of the support responsibility of relatives, an obligor or obligee, or their legal representatives, shall be entitled to review any case records in the possession of the Illinois Department of Healthcare and Family Services, the State Disbursement Unit, or a circuit clerk with regard to that obligor or obligee that are able to prove any matter relevant to the hearing, case, appeal, or other matter if access to the record or portion of the record is authorized by 42 U.S.C. 654.
(Source: P.A. 95-685, eff. 10-23-07.)
(305 ILCS 5/10-10) (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.)
(305 ILCS 5/10-10.1) (from Ch. 23, par. 10-10.1)
Sec. 10-10.1. 
		Public Aid Collection Fee. 
		In all cases instituted by the
Illinois Department on behalf of a child or spouse, other than one receiving
a grant of financial aid under Article IV, on whose behalf an application
has been made and approved for child support enforcement services as
provided by Section 10-1,
the court shall impose a collection fee on the individual who owes a child
or spouse support obligation in an amount equal to 10% of the amount so
owed as long as such collection is required by federal law, which fee shall
be in addition to the support obligation.  The imposition
of such fee shall be in accordance with provisions of Title IV, Part D,
of the Social Security Act and regulations duly promulgated thereunder.
The fee shall be payable to the clerk of the circuit court for transmittal
to the Illinois Department and shall continue until child support
enforcement services are
terminated by the Department.
(Source: P.A. 92-590, eff. 7-1-02.)
(305 ILCS 5/10-10.2) (from Ch. 23, par. 10-10.2)
Sec. 10-10.2. 
		
		Notice to Clerk of Circuit Court of Payment
Received by the Illinois Department for Recording. For those cases in which
support is payable to the clerk of the circuit court for transmittal to
the Illinois Department by order of court, and the Illinois Department collects
support by assignment, offset, withholding, deduction or other process permitted
by law, the Illinois Department shall notify the clerk of the date and amount
of such collection.
Upon notification, the clerk shall record the collection on the payment
record for the case.
(Source: P.A. 82-1057.)
(305 ILCS 5/10-10.3) (from Ch. 23, par. 10-10.3)
Sec. 10-10.3. 
		
		For those cases in which child support is payable to the
clerk of the circuit court for transmittal to the Illinois Department by
order of court, the clerk shall transmit all such payments, within 4
working days of receipt, to insure that funds are available for immediate
distribution by the Department to the person or entity entitled thereto in
accordance with standards of the Child Support Enforcement Program established
under Title IV-D of the Social Security Act.  The clerk shall notify the
Department of the date of receipt and amount thereof at the time of
transmittal.  Where the clerk has entered into an agreement of cooperation
with the Department to record the terms of child support orders and
payments made thereunder directly into the Department's automated data
processing system, the clerk shall account for, transmit and otherwise
distribute child support payments in accordance with such agreement in lieu
of the requirements contained herein.
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. 91-212, eff. 7-20-99.)
(305 ILCS 5/10-10.4)
Sec. 10-10.4. Payment of Support to State Disbursement Unit.
(a) As used in this Section:
"Order for support", "obligor", "obligee", and "payor" mean those terms as
defined in the Income Withholding for Support Act, except that "order for
support" shall not mean orders providing for spousal maintenance under which
there is no child support obligation.
(b) Notwithstanding any other provision of this Code to the contrary, each
court or administrative order for support entered or modified on or after
October 1, 1999 shall require that support payments be made to the State
Disbursement Unit established under Section 10-26 if:
(1) a party to the order is receiving child support     enforcement services under this Article X; or
(2) no party to the order is receiving child support     enforcement services, but the support payments are made through income withholding.
(c) Support payments shall be made
to the State Disbursement Unit if:
(1) the order for support was entered before October     1, 1999, and a party to the order is receiving child support enforcement services under this Article X; or
(2) no party to the order is receiving child support     enforcement services, and the support payments are being made through income withholding.
(c-5) If no party to the order is receiving child support
enforcement services under this Article X, and the support payments are not
being made
through income withholding, then support payments shall be made as directed in
the order for support.
(c-10) At any time, and notwithstanding the existence of an order
directing payments
to be made elsewhere, the Department of Healthcare and Family Services may provide notice to the
obligor and, where applicable, to the obligor's payor:
(1) to make support payments to the State     Disbursement Unit if:
(A) a party to the order for support is receiving         child support enforcement services under this Article X; or
(B) no party to the order for support is         receiving child support enforcement services under this Article X, but the support payments are made through income withholding; or
(2) to make support payments to the State     Disbursement Unit of another state upon request of another state's Title IV-D child support enforcement agency, in accordance with the requirements of Title IV, Part D of the Social Security Act and regulations promulgated under that Part D.
(c-15) Within 15 days after the effective date of this amendatory Act of the
91st General Assembly, the clerk of the circuit court shall provide written
notice to the obligor to make payments
directly to the clerk of the circuit court if no party to the order is
receiving child
support enforcement services under this Article X, the support payments are
not made
through income withholding, and the order for support requires support payments
to
be made
directly to the clerk of the
circuit court.
(c-20) If the State Disbursement Unit receives a support payment that was
not
appropriately made to the Unit under this Section, the Unit shall immediately
return the
payment to the sender, including, if possible, instructions detailing where to
send the support payments.
(d) The notices under subsections (c-10) and
(c-15) may be sent by ordinary
mail, certified mail, return receipt requested, facsimile transmission, or
other electronic process, or may be served upon the obligor or payor using any
method provided by law for service of a summons.  A copy of the notice shall be
provided to the obligee and, when the order for support
was entered by the court, to the clerk of the court.
(Source: P.A. 95-331, eff. 8-21-07.)
(305 ILCS 5/10-10.5)
Sec. 10-10.5. 
		Information to State Case Registry.
(a) In this Section:
"Order for support", "obligor", "obligee", and "business day" are defined as
set forth in the
Income Withholding for Support Act.
"State Case Registry" means the State Case Registry established under Section
10-27 of this Code.
(b) Each order for support entered or modified by the circuit court under
Section 10-10 shall require that the obligor and obligee (i) file with the
clerk of the circuit court the information required by this Section (and any
other information required under Title IV, Part D of the Social Security Act or
by
the federal Department of Health and Human Services) at the time of entry or
modification
of the order for support and (ii) file updated
information with the clerk within 5 business days of any change.
Failure of the obligor or obligee to file or update the required information
shall be
punishable as in cases of contempt.  The failure shall not prevent the court
from entering
or modifying the order for support, however.
(c) The obligor shall file the following information: the
obligor's name, date of birth, social security number, and mailing address.
If
either the obligor or the obligee receives child support enforcement services
from the Illinois Department under Article X of this Code, the obligor shall
also file the following information: the obligor's telephone
number, driver's license number, and residential address (if different from the
obligor's mailing address), and the name, address, and telephone number of the
obligor's employer or employers.
(d) The obligee shall file the following information:
(1) The names of the obligee and the child or     children covered by the order for support.
(2) The dates of birth of the obligee and the child     or children covered by the order for support.
(3) The social security numbers of the obligee and     the child or children covered by the order for support.
(4) The obligee's mailing address.
(e) In cases in which the obligee receives child support enforcement
services from the Illinois Department under Article X of this Code, the order
for support shall (i) require that the obligee file the information required
under subsection (d) with the Illinois Department for inclusion in the State
Case Registry, rather than file the information with the clerk, and (ii)
require that the obligee include the following additional information:
(1) The obligee's telephone and driver's license     numbers.
(2) The obligee's residential address, if different     from the obligee's mailing address.
(3) The name, address, and telephone number of the     obligee's employer or employers.
The order for support shall also require that the obligee update
the information filed with the Illinois Department within 5 business days of
any change.
(f) The clerk shall provide the information filed under this Section,
together with the court docket number and county in which the order for support
was entered, to the State Case Registry within 5 business days after receipt of
the information.
(g) In a case in which a party is receiving child support enforcement
services under Article X of this Code, the clerk shall provide the following
additional
information to the State Case Registry within 5 business days after entry or
modification of an order for support or request from the Illinois Department:
(1) The amount of monthly or other periodic support     owed under the order for support and other amounts, including arrearage, interest, or late payment penalties and fees, due or overdue under the order.
(2) Any such amounts that have been received by the     clerk, and the distribution of those amounts by the clerk.
(h) Information filed by the obligor and obligee under this Section that is
not specifically required to be included in the body of an order for support
under other laws is not a public record and shall be treated as
confidential and subject to
disclosure only in accordance with the provisions of this Section, Section
10-27 of this Code, and Title IV, Part D of the Social Security Act.
(Source: P.A. 91-212, eff. 7-20-99; 92-16, eff. 6-28-01; 92-463, eff.
8-22-01; 92-651, eff. 7-11-02.)
(305 ILCS 5/10-11) (from Ch. 23, par. 10-11)
Sec. 10-11. Administrative Orders. In lieu of actions for court
enforcement of support under Section 10-10, the Child and Spouse Support
Unit of the Illinois Department, in accordance with the rules of the
Illinois Department, may issue an administrative order requiring the
responsible relative to comply with the terms of the determination and
notice of support due, determined and issued under Sections 10-6 and 10-7.
The Unit may also enter an administrative order under subsection (b) of
Section 10-7.  The administrative order shall be served upon the
responsible relative by United States registered or certified mail.
In cases in which the responsible relative appeared at the office of the
Child
and Spouse Support Unit in response to the notice of support obligation
issued under Section 10-4, however, or in cases of default in which the notice
was served on the responsible relative by certified mail, return receipt
requested, or by
any
method provided by law for service of summons, the administrative
determination of paternity or administrative support order may be sent to the
responsible relative by ordinary mail addressed to the responsible relative's
last known address.
If a responsible relative or a person receiving child support
enforcement services under this Article fails to petition the Illinois
Department for
release from or modification of the administrative order, as provided in
Section 10-12 or Section 10-12.1, the order shall become final and there
shall be no further
administrative or judicial remedy.  Likewise a decision by the Illinois
Department as a result of an administrative hearing, as provided in
Sections 10-13 to 10-13.10, shall become final and enforceable if not
judicially reviewed under the Administrative Review Law, as provided in
Section 10-14.
Any new or existing support order entered by the Illinois Department
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.
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 majority or is otherwise emancipated.  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 modification of the order by the Department.
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.
An order for support shall include a date on which the 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 that
the child's 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 Illinois Department from
modifying the order or terminating the order in the event the child is
otherwise emancipated.
(Source: P.A. 97-186, eff. 7-22-11.)
(305 ILCS 5/10-11.1) (from Ch. 23, par. 10-11.1)
Sec. 10-11.1. 
		
		(a) Whenever it is determined in a proceeding under
Sections 10-6, 10-7, 10-11 or 10-17.1 that the responsible relative is
unemployed, and support is sought on behalf of applicants for or recipients
of financial aid under Article IV of this Code or other persons who are given
access to the child support enforcement services of this
Article as provided
in Section 10-1, the administrative enforcement unit may order the
responsible relative 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 or to the Illinois 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.
(b) Whenever it is determined that a responsible relative owes past-due
support for a child under an administrative support order entered under
subsection (b) of Section 10-7 or under Section 10-11 or 10-17.1 and the child
is receiving assistance under this Code, the administrative enforcement unit
shall order the following:
(1) that the responsible relative pay the past-due     support in accordance with a plan approved by the administrative enforcement unit; or
(2) if the responsible relative owing past-due     support is unemployed, is subject to such a plan, and is not incapacitated, that the responsible relative participate in job search, training, or work programs established under Section 9-6 and Article IXA of this Code.
(Source: P.A. 92-16, eff. 6-28-01; 92-590, eff. 7-1-02.)
(305 ILCS 5/10-11.2)
Sec. 10-11.2. 
		
		Administrative support order information for State Case
Registry.
(a) In this Section, "business day" is defined as set forth in the Income
 Withholding for Support Act.
(b) Each administrative support order entered or modified under Section
10-8.1 or Section 10-11 shall require the following:
(1) That the non-custodial parent file with the     Illinois Department the information required by subsection (c) of this Section (and any other information required under Title IV, Part D of the Social Security Act or by the federal Department of Health and Human Services) within 5 business days after entry or modification of the administrative support order, and that the parent file updated information with the Illinois Department within 5 business days of any change.
(2) That the custodial parent file with the Illinois     Department the information required by subsection (d) of this Section (and any other information required under Title IV, Part D of the Social Security Act or by the federal Department of Health and Human Services) within 5 business days after entry or modification of the administrative support order (unless the custodial parent already filed the information during the child support case intake process), and that the parent file updated information with the Illinois Department within 5 business days of any change.
(c) The non-custodial parent shall file the following information:
(1) The name and date of birth of the non-custodial     parent.
(2) The non-custodial parent's social security     number, driver's license number, and telephone number.
(3) The mailing address (and the residential address,     if different from the mailing address) of the non-custodial parent.
(4) The name, address, and telephone number of the     non-custodial parent's employer or employers.
(d) The custodial parent shall file the following information:
(1) The names and dates of birth of the custodial     parent and the child or children covered by the administrative support order.
(2) The social security numbers of the custodial     parent and the child or children covered by the administrative support order.
(3) The custodial parent's driver's license number     and telephone number.
(4) The custodial parent's mailing address (and     residential address, if different from the mailing address).
(5) The name, address, and telephone number of the     custodial parent's employer or employers.
(e) The information filed with the Illinois Department under this Section
shall be included in the State Case Registry established under Section 10-27 of
this Code.
(f) Information filed by the non-custodial parent and custodial parent under
this Section that is not specifically required to be included in the body of an
administrative
support order under other laws or under rules of the Illinois Department shall
be treated as confidential and subject to disclosure only in accordance with
the provisions of this Section, Section 10-27 of this Code, and Title IV, Part
D of
the Social Security Act.
(Source: P.A. 91-212, eff. 7-20-99; 92-463, eff. 8-22-01.)
(305 ILCS 5/10-12) (from Ch. 23, par. 10-12)
Sec. 10-12. 
		
		Petition by responsible relative for release from or
modification of administrative
support order or administrative determination of paternity.
(a) Any responsible
relative aggrieved by an administrative
order entered under Section 10-11 or 10-11.1 or an
administrative determination of paternity entered under Section 10-17.7 who
has been duly notified of
such order or determination may, within 30 days from the date of
mailing of such order or determination,
petition the Illinois Department for a release from or modification of the
order or determination. The day immediately subsequent to the mailing of
the order or determination shall be
considered as the first day, and the day such petition is received by the
Illinois Department shall be considered as the last day in computing the 30
day appeal period.
The Illinois Department shall, upon receipt of a petition within the 30
day appeal period, provide for a hearing to be held thereon.
(b) Notwithstanding the 30-day appeal period set forth in subsection
(a), a man against whom a default administrative determination of paternity
has been entered may have the determination vacated if, within 30 days
after being served with the determination, he appears in person at the office
to which he was given notice to appear for an interview and files a written
request for relief from the determination.  The Illinois
Department shall then proceed with the establishment of
paternity.  A man may obtain relief under this subsection from an
administrative determination of paternity only once in any proceeding to
establish paternity.
(Source: P.A. 90-790, eff. 8-14-98.)
(305 ILCS 5/10-12.1)
Sec. 10-12.1. 
		
		Petition by person receiving child support
enforcement services for release from or modification of administrative
support order or
administrative determination of paternity.  Any person receiving child support
enforcement services under this Article who is aggrieved
by an
administrative order entered under Section 10-11 or 10-11.1 or an
administrative determination of paternity entered under Section 10-17.7
who has been duly notified of the order or determination may, within 30
days after the date of mailing of the order or determination, petition the
Illinois Department for release from or modification of the order or
determination.  The day immediately subsequent to the mailing of the order
or determination shall be considered as the first day and the day the petition
is received by the Illinois Department shall be considered as the last day in
computing the 30-day appeal period.
Upon receiving a petition within the 30-day appeal period, the Illinois
Department shall provide for a hearing to be held on the petition.
(Source: P.A. 92-590, eff. 7-1-02.)
(305 ILCS 5/10-13) (from Ch. 23, par. 10-13)
Sec. 10-13. 
		Hearing on Petition. 
		The Illinois Department, or any officer or employee thereof designated
in writing by the Illinois Department, shall conduct hearings and
investigations in connection with petitions filed pursuant to
Section
10-12 or Section 10-12.1. Responsible relatives and persons receiving
child support enforcement services under this Article shall
be entitled to
appear in person, to be
represented by counsel at the hearing and to present all relevant matter in
support of their petitions. The provisions of Sections 10-13.1 through 10-13.10
shall govern the hearing.
The hearing shall be de novo and the Illinois Department's determination
of liability or non-liability shall be independent of the determination of
the administrative enforcement unit.
(Source: P.A. 92-590, eff. 7-1-02.)
(305 ILCS 5/10-13.1) (from Ch. 23, par. 10-13.1)
Sec. 10-13.1. 
		Examination of records.
The Illinois Department, or any properly designated officer or employee
thereof, may examine any books, papers, records or memoranda bearing upon
the determination of ability to support and the order for support and upon
any matter pertinent to the relative's petition and may compel the
attendance and testimony of any person or persons, including the
petitioning responsible relative, having knowledge of matters germane to
the determination order, or the petition.
(Source: Laws 1967, p. 122.)
(305 ILCS 5/10-13.2) (from Ch. 23, par. 10-13.2)
Sec. 10-13.2. 
		Hearings not subject to technical rules of evidence or procedure.
In the conduct of any hearing or investigation, neither the Illinois
Department nor a person duly authorized to conduct such hearing or
investigation, shall be bound by the technical rules of evidence, common
law or statutory, or by technical or formal rules of procedure, but shall
conduct the hearing or make the investigation in such manner as seems best
calculated to conform to substantial justice and the spirit of this Code.
No informality in any proceedings, or in the manner of taking testimony,
shall invalidate any order or decision made by the Illinois Department
pursuant to such hearing or investigation.
(Source: Laws 1967, p. 122.)
(305 ILCS 5/10-13.3) (from Ch. 23, par. 10-13.3)
Sec. 10-13.3. 
		Authority to administer oaths.
The Illinois Department, or any person duly authorized to conduct such
hearing or investigation, shall have power to administer oaths. Every
person who, having taken an oath or made affirmation before the Illinois
Department, or any duly authorized officer or employee thereof, shall
wilfully swear or affirm falsely, shall be guilty of perjury, and upon
conviction shall be punished accordingly.
(Source: Laws 1967, p. 122.)
(305 ILCS 5/10-13.4) (from Ch. 23, par. 10-13.4)
Sec. 10-13.4. 
		
		Proof of records.)
The books, papers, records and memoranda of the Illinois Department or
of the administrative enforcement unit, or parts thereof, may be proved in
any hearing, investigation, or legal proceeding by a photostatic or other
copy thereof under the certificate of the Director of the Illinois
Department.  Such
certified copy shall, without further proof, be admitted into evidence in
the hearing before the Illinois Department or in any other legal
proceeding.
(Source: P.A. 79-474.)
(305 ILCS 5/10-13.5) (from Ch. 23, par. 10-13.5)
Sec. 10-13.5. 
		Proof of necessitous circumstances.
Proof in any hearing before the Illinois Department that a person is an
applicant for or recipient of assistance shall be prima facie proof that he
is a "person who is 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", within the meaning of this Code.
(Source: Laws 1967, p. 122.)
(305 ILCS 5/10-13.6) (from Ch. 23, par. 10-13.6)
Sec. 10-13.6. 
		Subpoenas.
(a) The Illinois Department, or any officer or employee thereof
designated
in writing by the Illinois Department, shall at its or his own instance, or
on the written request of any other party to the proceeding, issue
subpoenas requiring the attendance of and the giving of testimony by
witnesses, and subpoenas duces tecum requiring the production of books,
papers, records or memoranda. The subpoenas and subpoenas duces tecum may
be served by any person of full age. Any subpoena may be served in the same
manner as a subpoena issued out of a circuit court, and may also be served
by United States registered or certified mail, addressed to the person
concerned at his last known address, and proof of such mailing shall be
sufficient for the purposes of the Article.
(b) Subpoenas duces tecum issued in other states shall be afforded
full faith and credit in this State.  Every such subpoena shall have the full
force, effect, and attributes of a subpoena issued in this State, including the
ability to be enforced.
(Source: P.A. 90-790, eff. 8-14-98.)
(305 ILCS 5/10-13.7) (from Ch. 23, par. 10-13.7)
Sec. 10-13.7. 
		Witness fees.
The fees of witnesses for attendance and travel shall be the same as the
fees of witnesses before the Circuit Court of this State; such fees to be
paid when the witness is excused from further attendance. When the witness
is subpoenaed at the instance of the Illinois Department or any employee
thereof, the fees shall be paid in the same manner as other expenses of the
Illinois Department. If the witness is subpoenaed at the instance of any
other party to the proceeding, the Illinois Department may require that the
cost of service of the subpoena or subpoena duces tecum and the fee of the
witness be borne by the party at whose instance the witness is summoned. In
such case, the Illinois Department may require a deposit to cover the cost
of such service and witness fees.
(Source: Laws 1967, p. 122.)
(305 ILCS 5/10-13.8) (from Ch. 23, par. 10-13.8)
Sec. 10-13.8. 
		Compelling attendance of witness and production of records. 
		The circuit court, of the county wherein the
investigation or administrative hearing is held, upon the application of
the Illinois Department or any duly authorized officer or employee thereof,
or upon the application of any other party to the proceeding, may, in its
discretion, compel the attendance of witnesses, the production of
books, papers, records or memorandum and the giving of testimony before the
Illinois Department or any duly authorized officer or employee thereof
conducting an investigation or holding a hearing authorized by this Act, by
an attachment for contempt, or otherwise, in the same manner as production
of evidence may be compelled before the court.
(Source: P.A. 83-334.)
(305 ILCS 5/10-13.9) (from Ch. 23, par. 10-13.9)
Sec. 10-13.9. 
		Penalty for non-compliance with subpoena.
Any person who is served with a subpoena or subpoena duces tecum, issued
by the Illinois Department or any duly authorized officer or employee
thereof, to appear and testify or to produce books and papers, in the
course of an investigation or hearing authorized by law, and who refuses or
neglects to appear, or to testify, or to produce books and papers relevant
to such investigation or hearing, as commanded in such subpoena, shall, be
guilty of a Class B misdemeanor.
(Source: P.A. 77-2344.)
(305 ILCS 5/10-13.10) (from Ch. 23, par. 10-13.10)
Sec. 10-13.10. 
		Depositions.
The Illinois Department or any duly authorized officer or employee
thereof, or any other party in an investigation or hearing before the
Illinois Department, may cause the depositions of witnesses within or
without the State to be taken in the manner prescribed by law for like
depositions in civil actions in courts of this State, and to that end
compel the attendance of witnesses and the production of books, papers,
records or memoranda.
(Source: Laws 1967, p. 122.)
(305 ILCS 5/10-14) (from Ch. 23, par. 10-14)
Sec. 10-14. 
		Review of Illinois department decision on petition for hearing. 
		Any responsible relative or person receiving child support
enforcement services under this Article affected by a final administrative
decision of
the Illinois Department in a hearing, conducted pursuant to Sections 10-13
through 10-13.10 in which such relative or person receiving
services
was a party, may have the decision reviewed
only under and in accordance with the Administrative Review Law, as amended.
The provisions of the Administrative Review Law, and the rules adopted pursuant
thereto, shall apply to and
govern all proceedings for the judicial review of such final administrative
decisions of the Illinois Department. The term "administrative decision"
is defined as in Section 3-101 of the Code of Civil Procedure.
Appeals from all final orders and judgments entered by a court upon
review of the Illinois Department's order in any case may be taken by
either party to the proceeding and shall be governed by the rules
applicable to appeals in civil cases.
The remedy herein provided for appeal shall be exclusive, and no court
shall have jurisdiction to review the subject matter of any order made by
the Illinois Department except as herein provided.
(Source: P.A. 92-590, eff. 7-1-02.)
(305 ILCS 5/10-14.1)
Sec. 10-14.1. 
		Relief from administrative orders. 
		Notwithstanding the
30-day appeal period provided in Sections 10-12 and 10-12.1 and the limitation
on review of final administrative decisions contained in Section 10-14, a
responsible relative or a person receiving child support
enforcement services
under this Article who is aggrieved by an administrative order entered under
Section 10-11 or 10-11.1 or an administrative determination of paternity
entered under Section 10-17.7 and who did not petition within the 30-day appeal
period may petition the Illinois Department for relief from the administrative
order or determination on the same grounds as are provided for relief from
judgments
under Section 2-1401 of the Code of Civil Procedure.  The petition must be
filed not later than 2 years after the entry of the order or determination by
the Illinois Department.  The day immediately subsequent to the mailing of the
order or determination shall be considered as the first day and the day the
petition is received by the Illinois Department shall be considered as the last
day in computing the 2-year period.  Any
period during which the person seeking relief is under a legal disability or
duress or during which the grounds for relief are fraudulently concealed shall
be
excluded in computing the period of 2 years.
Upon receiving a petition within the 2-year period, the Illinois Department
shall provide for a hearing to be held on the petition.
(Source: P.A. 92-590, eff. 7-1-02.)
(305 ILCS 5/10-15) (from Ch. 23, par. 10-15)
Sec. 10-15. Enforcement of administrative order; costs and fees. If
a responsible relative refuses, neglects, or fails to comply with a final
administrative support or reimbursement order of the Illinois Department
entered by the Child and Spouse Support Unit pursuant to Sections 10-11 or
10-11.1 or registered pursuant to Section 10-17.1, the Child and Spouse
Support Unit may file suit against the responsible relative or relatives to
secure compliance with the administrative order.
Suits shall be instituted in the name of the People of the State of
Illinois on the relation of the Department of Healthcare and Family Services of the State of
Illinois and the spouse or dependent children for whom the support order
has been issued.
The court shall order the payment of the support obligation, or orders
for reimbursement of moneys for support provided, directly to the Illinois
Department but the order shall permit the Illinois Department to direct the
responsible relative or relatives to make payments of support directly to
the spouse or dependent children, or to some person or agency in his or
their behalf, as provided in Section 10-8 or 10-10, as applicable.
Whenever it is determined in a proceeding to enforce an administrative
order that the responsible relative is unemployed, and support is sought on
behalf of applicants for or recipients of financial aid under Article IV
of this Code or other persons who are given access to the child
support enforcement services of this Article as provided in Section 10-1,
the court may
order the responsible relative 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.  In addition, the court may order
the unemployed responsible relative to report to the Illinois Department for
participation in job search, training or work programs established under
Section 9-6 of this Code or to the Illinois 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.
Charges imposed in accordance with the provisions of Section 10-21
shall be enforced by the Court in a suit filed under this Section.
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. 95-331, eff. 8-21-07.)
(305 ILCS 5/10-15.1)
Sec. 10-15.1. Judicial registration of administrative
support orders and administrative paternity orders.
(a) A final administrative support order or a final administrative paternity order, excluding a voluntary acknowledgement or denial of paternity that is governed by other provisions of this Code, the Illinois Parentage Act of 2015, and the Vital Records Act, established by the
Illinois Department under this Article X may be registered in
the appropriate circuit court of this State by the Department
or by a party to the order by filing:
(1) Two copies, including one certified copy of the     order to be registered, any modification of the administrative support order, any voluntary acknowledgment of paternity pertaining to the child covered by the order, and the documents showing service of the notice of support obligation or the notice of paternity and support obligation that commenced the procedure for establishment of the administrative support order or the administrative paternity order pursuant to Section 10-4 of this Code.
(2) A sworn statement by the person requesting     registration or a certified copy of the Department payment record showing the amount of any past due support accrued under the administrative support order.
(3) The name of the obligor and, if known, the     obligor's address and social security number.
(4) The name of the obligee and the obligee's     address, unless the obligee alleges in an affidavit or pleading under oath that the health, safety, or liberty of the obligee or child would be jeopardized by disclosure of specific identifying information, in which case that information must be sealed and may not be disclosed to the other party or public. After a hearing in which the court takes into consideration the health, safety, or liberty of the party or child, the court may order disclosure of information that the court determines to be in the interest of justice.
(b) The filing of an administrative support order or an administrative paternity order under
subsection (a) constitutes registration with the circuit
court.
(c) (Blank).
(c-5) Every notice of registration must be accompanied by a copy of the registered administrative support order or the registered administrative paternity order and the documents and relevant information accompanying the order pursuant to subsection (a).
(d) (Blank).
(d-5) The registering party shall serve notice of the registration on the other party by first class mail, unless the administrative support order or the administrative paternity order was entered by default or the registering party is also seeking an affirmative remedy. The registering party shall serve notice on the Department in all cases by first class mail.
(1) If the administrative support order or the         administrative paternity order was entered by default against the obligor, the obligor must be served with the registration by any method provided by law for service of summons.
(2)  If a petition or comparable pleading seeking an     affirmative remedy is filed with the registration, the non-moving party must be served with the registration and the affirmative pleading by any method provided by law for service of summons.
(e) A notice of registration of an administrative support
order or an administrative paternity order must provide the following information:
(1) That a registered administrative order is     enforceable in the same manner as an order for support or an order for paternity issued by the circuit court.
(2) That a hearing to contest enforcement of the     registered administrative support order or the registered administrative paternity order must be requested within 30 days after the date of service of the notice.
(3) That failure to contest, in a timely manner, the     enforcement of the registered administrative support order or the registered administrative paternity order shall result in confirmation of the order and enforcement of the order and the alleged arrearages and precludes further contest of that order with respect to any matter that could have been asserted.
(4) The amount of any alleged arrearages.
(f) A nonregistering party seeking to contest enforcement
of a registered administrative support order or a registered administrative paternity order shall request
a hearing within 30 days after the date of service
of notice of the registration. The nonregistering party may
seek to vacate the registration, to assert any defense to an
allegation of noncompliance with the registered administrative
support order or the registered administrative paternity order, or to contest the remedies being sought or the
amount of any alleged arrearages.
(g) If the nonregistering party fails to contest the
enforcement of the registered administrative
support order or the registered administrative paternity order in a timely manner, the order shall be confirmed
by operation of law.
(h) If a nonregistering party requests a hearing to contest
the enforcement of the registered administrative
support order or the registered administrative paternity order, the circuit court shall schedule the matter for
hearing and give notice to the parties and the Illinois
Department of the date, time, and place of the hearing.
(i) A party contesting the enforcement of a registered administrative support order or a registered administrative paternity order or seeking to vacate
the registration has the burden of proving one or more of the
following defenses:
(1) The Illinois Department lacked personal     jurisdiction over the contesting party.
(2) The administrative support order or the         administrative paternity order was obtained by fraud.
(3) The administrative support order or the         administrative paternity order has been vacated, suspended, or modified by a later order.
(4) The Illinois Department has stayed the     administrative support order or the administrative paternity order pending appeal.
(5) There is a defense under the law to the remedy     sought.
(6) Full or partial payment has been made.
(j) If a party presents evidence establishing a full or
partial payment defense under subsection (i), the court may
stay enforcement of the registered order, continue the
proceeding to permit production of additional relevant
evidence, and issue other appropriate orders. An uncontested
portion of the registered administrative support order or the registered administrative paternity order may be
enforced by all remedies available under State law.
(k) If a contesting party does not establish a defense
under subsection (i) to the enforcement of the
administrative support order or the administrative paternity order, the court shall issue an order
confirming the administrative support order or the administrative paternity order. Confirmation of
the registered administrative support order or the registered administrative paternity order, whether by operation of law or after notice and hearing, precludes further
contest of the order with respect to any matter that could have
been asserted at the time of registration. Upon confirmation,
the registered administrative support order or the registered administrative paternity order shall be treated in
the same manner as a support order or a paternity order entered by the circuit court,
including the ability of the court to entertain a petition to
modify the administrative support order due to a substantial
change in circumstances or a petition to modify the administrative paternity order due to clear and convincing evidence regarding paternity, or petitions for visitation or custody
of the child or children covered by the administrative support
order or the administrative paternity order. Nothing in this Section shall be construed to alter the
effect of a final administrative support order or a final administrative paternity order, or the restriction
of judicial review of such a final order to the provisions of the
Administrative Review Law, as provided in Sections 10-11 and 10-17.7 of this Code.
(l) Notwithstanding the limitations of relief provided for under this Section regarding an administrative paternity order and the administrative relief available from an administrative paternity order under Sections 10-12 through 10-14.1 of this Code, a party may petition for relief from a registered final administrative paternity order entered by consent of the parties, excluding a voluntary acknowledgement or denial of paternity as well as an administrative paternity order entered pursuant to genetic testing. The petition shall be filed pursuant to Section 2-1401 of the Code of Civil Procedure based upon a showing of due diligence and a meritorious defense. The court, after reviewing the evidence regarding this specific type of administrative paternity order entered by consent of the parties, shall issue an order regarding the petition. Nothing in this Section shall be construed to alter the effect of a final administrative paternity order, or the restriction of judicial review of such a final order to the provisions of the Administrative Review Law, as provided in Section 10-17.7 of this Code.
(Source: P.A. 99-471, eff. 8-27-15; 100-201, eff. 8-18-17.)
(305 ILCS 5/10-16) (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.)
(305 ILCS 5/10-16.2) (from Ch. 23, par. 10-16.2)
Sec. 10-16.2. 
		Withholding of Income to Secure Payment of Support. 
		Orders for support entered under this Code are subject to the Income
Withholding for Support Act.
(Source: P.A. 90-18, eff. 7-1-97; 90-425, eff.
8-15-97; 90-655, eff. 7-30-98; 90-673, eff. 1-1-99; 90-790,
eff. 8-14-98; 91-357, eff. 7-29-99.)
(305 ILCS 5/10-16.3) (from Ch. 23, par. 10-16.3)
Sec. 10-16.3. 
		Posting Security, Bond or Guarantee to Secure Payment. 
		
The court may require the responsible relative to post security, bond or
give some other guarantee of a character and amount sufficient to assure
payment of any amount of support due.
(Source: P.A. 84-758.)
(305 ILCS 5/10-16.4)
Sec. 10-16.4. 
		Information concerning obligors.
(a) In this Section:
"Arrearage", "delinquency", "obligor", and "order for support" have the
meanings attributed to those terms in the Income Withholding for Support
Act.
"Consumer reporting agency" has the meaning attributed to that term in
Section 603(f) of the Fair Credit Reporting Act, 15 U.S.C. 1681a(f).
(b) Whenever a court of competent jurisdiction finds that an obligor either
owes an arrearage of more than $10,000 or is delinquent in payment of an amount
equal to at least 3 months' support obligation pursuant to an order for
support, the court shall direct the clerk of the court to make information
concerning the obligor available to consumer reporting agencies.
(c) Whenever a court of competent jurisdiction finds that an obligor either
owes an arrearage of more than $10,000 or is delinquent in payment of an amount
equal to at least 3 months' support obligation pursuant to an order for
support, the court shall direct the clerk of the court to cause the obligor's
name and address to be published in a newspaper of general circulation in the
area in which the obligor resides.  The clerk shall cause the obligor's name
and address to be published only after sending to the obligor at the obligor's
last known address, by certified mail, return receipt requested, a notice of
intent to publish the information.  This subsection (c) applies only if the
obligor resides in the county in which the clerk of the court holds office.
(Source: P.A. 90-466, eff. 1-1-98; 90-673, eff. 1-1-99.)
(305 ILCS 5/10-16.5)
Sec. 10-16.5. Interest on support obligations. A support obligation, or
any portion of a support obligation, which becomes due and remains unpaid as of the end of each month, excluding the child support that was due for that month to the extent that it was not paid in that month,

shall accrue simple interest as set forth in Section 12-109 of the Code of Civil Procedure.
An order for support entered or modified on or after January 1, 2006 shall
contain a statement that a support obligation required under the order, or any
portion of a support obligation required under the order, that becomes due and
remains unpaid as of the end of each month, excluding the child support that was due for that month to the extent that it was not paid in that month, shall accrue simple interest as set forth in Section 12-109 of the Code of Civil Procedure.  Failure to include the statement in the order for support does
not affect the validity of the order or the accrual of interest as provided in
this Section. The Department may provide, by rule, if, or how, the Department will enforce interest in cases in which IV-D services are being provided.
(Source: P.A. 101-336, eff. 8-9-19.)
(305 ILCS 5/10-16.6)
Sec. 10-16.6. 
		Electronic Funds Transfer Committee.
(a) The Director of Public Aid shall establish within the Department an
Electronic
Funds Transfer Committee. The Director or his or her designee shall be a member
of the
committee and shall serve as chairperson of the committee.  The Director shall
appoint 4
other members of the committee, 2 of whom shall represent employers in this
State and 2
of whom shall represent the banking industry in this State.  The administrator
of the State
Disbursement Unit established under Section 10-26 shall be an ex officio member
of the
committee.
(b) The committee shall study ways to modify or expand the use of
electronic
funds transfers for the payment of child support.  The committee shall report
its findings
and recommendations to the Governor and the General Assembly before December 1,
2001.
(c) The committee is abolished on December 1, 2001.
(Source: P.A. 91-677, eff. 1-5-00.)
(305 ILCS 5/10-16.7)
Sec. 10-16.7. Child support enforcement debit authorization.
(a) For purposes of this Section:
"Financial institution" and "account" are defined as set forth in Section 10-24.
"Payor" is defined as set forth in Section 15 of the Income Withholding for Support Act.
"Order for support" means any order for periodic payment of funds to the State Disbursement Unit for the support of a child or, where applicable, for support of a child and a parent with whom the child resides, that is entered or modified under this Code or under the Illinois Marriage and Dissolution of Marriage Act, the Non-Support of Spouse and Children Act, the Non-Support Punishment Act, the Illinois Parentage Act of 1984, or the Illinois Parentage Act of 2015, or that is entered or registered for modification or enforcement under  the Uniform Interstate Family Support Act.
"Obligor" means an individual who owes a duty to make payments under an order for support in a case in which child support enforcement services are being provided under this Article X.
(b) The Department of Public Aid (now Healthcare and Family Services) shall adopt a child support enforcement debit authorization form that, upon being signed by an obligor, authorizes a financial institution holding an account on the obligor's behalf to debit the obligor's account periodically in an amount equal to the amount of child support that the obligor is required to pay periodically and transfer that amount to the State Disbursement Unit.  The form shall include instructions to the financial institution concerning the debiting of accounts held on behalf of obligors and the transfer of the debited amounts to the State Disbursement Unit.  In adopting the form, the Department may consult with the Office of Banks and Real Estate and the Department of Financial Institutions.  The Department must adopt the form within 6 months after the effective date of this amendatory Act of the 93rd General Assembly.  Promptly after adopting the form, the Department must notify each financial institution conducting business in this State that the form has been adopted and is ready for use.
(c) An obligor who does not have a payor may sign a child support debit authorization form adopted by the Department under this Section. The obligor may sign a form in relation to any or all of the financial institutions holding an account on the obligor's behalf. Promptly after an obligor signs a child support debit authorization form, the Department shall send the original signed form to the appropriate financial institution. Subject to subsection (e), upon receiving the form, the financial institution shall debit the account and transfer the debited amounts to the State Disbursement Unit according to the instructions in the form. A financial institution that complies with a child support debit authorization form signed by an obligor and issued under this Section shall not be subject to civil liability with respect to any individual or any agency.
(d) The signing and issuance of a child support debit authorization form under this Section does not relieve the obligor from responsibility for compliance with any requirement under the order for support.
(e) A financial institution is obligated to debit the account of an obligor pursuant to this Section only if or to the extent:
(1) the financial institution reasonably believes the     debit authorization form is a true and authentic original document;
(2) there are finally collected funds in the account;     and
(3) the account is not subject to offsetting claims     of the financial institution, whether due at the time of receipt of the debit authorization form or thereafter to become due and whether liquidated or unliquidated.
To the extent the account of the obligor is pledged or held by the financial institution as security for a loan or other obligation, or that the financial institution has any other claim or lien against the account, the financial institution is entitled to retain the account.
(Source: P.A. 99-85, eff. 1-1-16.)
(305 ILCS 5/10-17) (from Ch. 23, par. 10-17)
Sec. 10-17. Other
actions and remedies for support.
The procedures, actions, and remedies provided in this Article shall in
no way be exclusive, but shall be available in addition to other actions
and remedies of support, including, but not by way of limitation, the
remedies provided in (a) the Illinois Parentage Act of 2015; (b) (blank); (b-5) the Non-Support Punishment Act; (c) (blank); (d) the Illinois Marriage and Dissolution of Marriage Act; (e) the Uniform Child-Custody Jurisdiction and Enforcement Act; (f) the Uniform Interstate Family Support Act; and (g) the common law.
This Article does not create, enlarge, abrogate, or diminish parental rights or duties under other laws of this State, including the common law.
(Source: P.A. 102-541, eff. 8-20-21.)
(305 ILCS 5/10-17.05)
Sec. 10-17.05. Actions and remedies for support; other laws. Notwithstanding any other State or local law to the contrary, actions and remedies under this Article, the Uniform Interstate Family Support Act, or other State laws shall be cumulative and used in conjunction with one another, as appropriate. Actions and remedies under the Uniform Interstate Family Support Act shall not require a custody or visitation determination as a prerequisite to a determination of a support obligation. If a custody or visitation determination is not permitted under the Uniform Interstate Family Support Act, the determination may be made under another appropriate State law if the court has authority to make the decision under the appropriate law.
(Source: P.A. 102-541, eff. 8-20-21.)
(305 ILCS 5/10-17.1) (from Ch. 23, par. 10-17.1)
Sec. 10-17.1. Administrative Order by Registration. The Illinois
Department may provide by rule for the administrative registration of a
support order
entered by a court or administrative body of another
state.
The purpose of registration shall be to enforce or modify the order in
accordance with the provisions of the Uniform Interstate Family Support
Act.  Upon
registration, such support order shall become an administrative order of
the Child and Spouse Support Unit by operation of law.  The rule shall
provide for notice to and an opportunity to be heard by the responsible
relative and custodial parent affected, and any final administrative
decision rendered by the
Department shall be reviewed only under and in accordance with the
Administrative Review Law.
Any new or existing support order registered by the Illinois Department
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 be
enforceable in the same manner as any other judgment in this State.
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.
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
registered by the Illinois Department under this Section.  The charge shall
be imposed in accordance with the provisions of Section 10-21 and shall be
enforced by the court in a suit filed under Section 10-15.
(Source: P.A. 97-186, eff. 7-22-11.)
(305 ILCS 5/10-17.2) (from Ch. 23, par. 10-17.2)
Sec. 10-17.2. 
		Income Withholding By Administrative Order. 
		The Illinois
Department may provide by rule for entry of an administrative support order
containing income withholding provisions and for service and enforcement of an
income withholding notice and a National Medical Support Notice, by
the Child and
Spouse Support Unit based upon and in the same manner as prescribed by
the Income Withholding for Support Act.
The penalties provided in the Income Withholding for Support Act shall apply
hereto and
shall be enforced by filing an action under that Act.
The rule shall provide for notice to and an opportunity
to be heard by the responsible relative affected and any final
administrative decision rendered by the Department shall be reviewed only
under and in accordance with the Administrative Review Law.
(Source: P.A. 92-590, eff. 7-1-02.)
(305 ILCS 5/10-17.3) (from Ch. 23, par. 10-17.3)
Sec. 10-17.3. Federal Income Tax Refund Intercept. The Illinois
Department may provide by rule for certification to the United States Department of
Health and Human Services of past due support owed
by responsible relatives under a support order entered by a court or
administrative body of this or any other State on behalf of resident or
non-resident persons.  The purpose of certification shall be to intercept
Federal Income Tax refunds due such relatives in order to satisfy such past
due support in whole or in part.
The rule shall provide for notice to and an opportunity to be heard by
the responsible relative affected and any final administrative decision
rendered by the Department shall be reviewed only under and in accordance
with the Administrative Review Law.  Certification shall be accomplished in
accordance with Title IV, Part D of the federal Social Security Act and
rules and regulations promulgated thereunder.
(Source: P.A. 100-201, eff. 8-18-17.)
(305 ILCS 5/10-17.4) (from Ch. 23, par. 10-17.4)
Sec. 10-17.4. 
		Security, Bond or Guarantee to Secure Payment. 
		The Illinois
Department may provide by rule for the requiring of, or for the requesting
of the court to require, a responsible relative to post security, bond or give
some other guarantee of a character and amount sufficient to assure payment
of any amount due under a support order entered by a court or
administrative body of this or any other State on behalf of resident or
non-resident persons.  The rule shall provide for notice to and an
opportunity to be heard by each responsible relative affected and any final
administrative decision rendered by the Department shall be reviewed only
under and in accordance with the Administrative Review Law.
(Source: P.A. 84-758.)
(305 ILCS 5/10-17.5) (from Ch. 23, par. 10-17.5)
Sec. 10-17.5. 
		State Income Tax Refund and Other Payment Intercept. 
		The
Illinois Department may provide by rule for certification to the
Comptroller of past due support owed by responsible relatives under a
support order entered by a court or administrative body of this or any
other State on behalf of resident or non-resident persons.  The purpose of
certification shall be to intercept state income tax refunds and other
payments due such relatives in order to satisfy such past due support, in
whole or in part, whether or not such support is owed to the State.  The
rule shall provide for notice to and an opportunity to be heard by the
responsible relative and any joint payee affected and any final
administrative decision rendered by the Department shall be reviewed only
under and in accordance with the Administrative Review Law.  In any case
where a state income tax refund is intercepted wrongfully or erroneously,
the Department shall pay to such relative and any joint payee affected the
amount of the refund plus interest, if any, on such amount at the rate of
9% per annum (or at such adjusted rate as is established under Section 6621(b)
of the Internal Revenue Code).  Interest shall be calculated from the
date the Department receives the refund or from 60 days following the date
the Department receives a request to be heard, whichever is later, until
the date of payment to such relative and joint payee.
(Source: P.A. 85-1440.)
(305 ILCS 5/10-17.6) (from Ch. 23, par. 10-17.6)
Sec. 10-17.6. Certification of

Information to Licensing Agencies.
(a) The
Illinois Department may provide by rule for certification to any State
licensing agency to suspend, revoke, or deny issuance or renewal of licenses because of (i) the failure of responsible relatives to comply with subpoenas or warrants relating to paternity or child support proceedings and (ii) past due support owed by responsible relatives under a
support order entered by a court or administrative body of this or any
other State on behalf of resident or non-resident persons receiving child support enforcement services under Title IV, Part D of the Social Security Act.  The rule shall
provide for notice to and an opportunity to be heard by each responsible
relative affected and any final administrative decision rendered by the
Department shall be reviewed only under and in accordance with the
Administrative Review Law.
(b) The Illinois Department may provide by rule for directing the Secretary of State to issue family financial
responsibility driving permits upon petition of responsible relatives whose driver's licenses have been suspended in accordance with subsection (b) of Section 7-702.1 of the Illinois Vehicle Code.  Any final administrative decisions rendered by the Department upon such petitions shall be reviewable only under and in accordance with the
Administrative Review Law.
(Source: P.A. 95-685, eff. 10-23-07; 96-1284, eff. 1-1-11.)
(305 ILCS 5/10-17.7)
Sec. 10-17.7. Administrative determination of paternity. The Illinois
Department may provide by rule for the administrative determination of
paternity by the Child and Spouse Support Unit in cases involving applicants
for or recipients of financial aid under Article IV of this Act and other
persons who are given access to the child support
enforcement services of this
Article as provided in Section 10-1, including persons similarly situated and
receiving similar services in other states.  The rules shall extend to cases in
which the mother and alleged father voluntarily acknowledge paternity in the
form required by the Illinois Department or agree
to be bound by the results of genetic testing or in which the alleged
father
has failed to respond to a notification of support obligation issued under
Section 10-4 and to cases of contested paternity. The Illinois
Department's form for voluntary acknowledgement of paternity shall be the same form prepared by the Illinois Department for use under the requirements of Section 12 of the Vital Records Act.  Any
presumption provided for under the Illinois Parentage Act of
1984 or under the Illinois Parentage Act of 2015 on and after the effective date of that Act shall apply to cases in which paternity is determined under the rules of
the Illinois Department.  The rules shall provide for notice and an opportunity
to be heard by the responsible relative and the person receiving child support enforcement services under this Article if paternity is
not
voluntarily acknowledged, and any final administrative
decision rendered by the Illinois Department shall be reviewed only under and
in accordance with the Administrative Review Law. Determinations of paternity
made by the Illinois Department under the rules authorized by this Section
shall
have the full force and effect of a court judgment of paternity entered under
the Illinois Parentage Act of 1984 or under the Illinois Parentage Act of 2015.
In determining paternity in contested cases, the Illinois Department shall
conduct the evidentiary hearing in accordance with Article 4 of the Illinois Parentage Act of 2015, except that references in that Article to "the court" shall be
deemed to mean the Illinois Department's hearing officer in cases in which
paternity is determined administratively by the Illinois Department.
Notwithstanding any other provision of this Article, a
default determination
of
paternity may be made if service of the notice under Section 10-4 was made by
publication under the rules for administrative paternity determination
authorized by this Section.  The rules as they pertain to service by
publication shall (i) be based on the provisions of Section 2-206 and 2-207 of
the Code of Civil Procedure, (ii) provide for service by publication in cases
in which
the whereabouts of the alleged father are unknown after diligent location
efforts by the Child and Spouse Support Unit, and (iii) provide for publication
of a notice of default paternity determination in the same manner that the
notice under Section 10-4 was published.
The Illinois Department
may implement this Section through the use of emergency rules in accordance
with Section 5-45 of the Illinois Administrative Procedure Act.  For purposes
of the Illinois Administrative Procedure Act, the adoption of rules to
implement this Section shall be considered an emergency and necessary for
the public interest, safety, and welfare.
(Source: P.A. 99-85, eff. 1-1-16.)
(305 ILCS 5/10-17.8)
Sec. 10-17.8. 
		New birth certificate. 
		The Illinois Department shall notify
the Department
of Public Health of a final determination of parentage and a voluntary
acknowledgment of paternity made under the rules
authorized by Section 10-17.7, and the Department of Public Health shall issue
a new certificate of birth pursuant to Section 17 of the Vital Records Act.
(Source: P.A. 89-6, eff. 3-6-95; 89-641, eff. 8-9-96.)
(305 ILCS 5/10-17.9)
Sec. 10-17.9. Past due support information to State Department of Revenue.
(a) The Illinois Department may provide by rule for certification to the
Illinois Department of Revenue of past due support owed by responsible
relatives under a support order entered by a court or administrative body of
this or any other State on behalf of resident or non-resident persons.  The
rule shall provide for notice to and an opportunity to be heard by each
responsible relative affected.  Any final administrative decision rendered by
the Department shall be reviewed only under and in accordance with the
Administrative Review Law.  A responsible relative may avoid certification to
the Illinois Department of Revenue by establishing a satisfactory repayment
record as determined by the Illinois Department of Healthcare and Family Services.
(b) A certified past due support amount shall be final.  The certified
amount shall be payable to the Illinois Department of Revenue upon written
notification of the certification to the responsible relative by the Illinois
Department of Revenue.
(c) In the event a responsible relative overpays pursuant to collection
under this Section and the applicable Sections of the Illinois Income Tax Act,
the overpayment shall be a credit against future support obligations.  If the
current support obligation of the responsible relative has terminated under
operation of law or court order, any moneys overpaid but still in the
possession of the Department shall be promptly returned to the responsible
relative.
(d) Except as otherwise provided in this Article, any child support
delinquency certified to the Illinois Department of Revenue shall be treated as
a child support delinquency for all other purposes, and any collection action
by the State's Attorney or the Illinois Department of Revenue with respect to
any delinquency certified under this Article shall have the same priority
against attachment, execution, assignment, or other collection action as is
provided by any other provision of State law.
(e) Any child support delinquency collected by the Illinois Department of
Revenue, including those amounts that result in overpayment of a child support
delinquency, shall be paid to the State Disbursement Unit established under
Section 10-26.
(Source: P.A. 95-331, eff. 8-21-07.)
(305 ILCS 5/10-17.11)
Sec. 10-17.11. 
		Requests to other states for administrative enforcement. 
		The Illinois Department may provide by rule for certification to other states'
child support enforcement agencies of past due support owed by responsible
relatives under a support order entered by a court or administrative body of
this or
any other state on behalf of resident or non-resident persons.  The purpose
of certification shall be to request the other states' assistance in
administrative enforcement of the support orders.  The rule shall provide
for notice to and an opportunity to be heard by the responsible relative
affected and any final administrative decision rendered by the Illinois
Department shall be reviewed only under and in accordance with the
Administrative Review Law.
(Source: P.A. 90-18, eff. 7-1-97.)
(305 ILCS 5/10-17.12)
Sec. 10-17.12. Compromise of assigned child support arrearages. The Department of Healthcare and Family Services may provide by rule for compromise of debt owed to the State in the form of child support arrearages and interest accrued on child support arrearages assigned to the State under Section 10-1.  The rule shall establish the circumstances under which such obligations may be compromised, with due regard for the payment ability of low-income obligors and the importance of encouraging payment of current child support obligations. The rule shall provide that assigned obligations shall be compromised only in exchange for regular payment of support owed to the family and shall require that obligors considered for debt compromise demonstrate inability to pay during the time the assigned obligation accumulated.  The rule shall provide for nullification of any compromise agreement and the prohibition of any future compromise agreement if the obligor fails to adhere to the compromise agreement.  In addition, the rule shall establish debt compromise criteria calculated to maximize positive effects on families and the level of federal incentive payments payable to the State under Title IV, Part D of the Social Security Act and regulations promulgated thereunder.
(Source: P.A. 94-971, eff. 1-1-07.)
(305 ILCS 5/10-17.13)
Sec. 10-17.13. Vehicle immobilization and impoundment.  The Illinois Department may provide by rule for certification to municipalities of past due support owed by responsible relatives under a support order entered by a court or administrative body of this or any other State on behalf of resident or non-resident persons.  The purpose of certification shall be to effect collection of past due support by immobilization and impoundment of vehicles registered to responsible relatives pursuant to ordinances established by such municipalities under Section 11-1430 of the Illinois Vehicle Code.
The rule shall provide for notice to and an opportunity to be heard by each responsible relative affected, and any final administrative decision rendered by the Department shall be reviewed only under and in accordance with the Administrative Review Law.  A responsible relative may avoid certification to a municipality for vehicle immobilization or arrange for discontinuance of vehicle immobilization and impoundment already engaged by payment of past due support or by entering into a plan for payment of past and current child support obligations in a manner satisfactory to the Illinois Department.
(Source: P.A. 95-685, eff. 10-23-07.)
(305 ILCS 5/10-17.14)
Sec. 10-17.14. Denial of passports. The Illinois Department may provide by rule for certification to the United States Department of Health and Human Services of past due support owed by responsible relatives under a support order entered by a court or administrative body of this or any other State on behalf of resident or non-resident persons.  The purpose of certification shall be to effect denial, revocation, restriction, or limitation of passports of responsible relatives owing past due support.
The rule shall provide for notice to and an opportunity to be heard by the responsible relative affected and any final administrative decision rendered by the Department shall be reviewed only under and in accordance with the Administrative Review Law.  Certification shall be accomplished in accordance with Title IV, Part D of the federal Social Security Act and rules and regulations promulgated thereunder.
(Source: P.A. 100-201, eff. 8-18-17.)
(305 ILCS 5/10-17.15)
Sec. 10-17.15. Certification of information to State gaming licensees.
(a) For purposes of this Section, "State gaming licensee" means, as applicable, an organization licensee or advance deposit wagering licensee licensed under the Illinois Horse Racing Act of 1975, an owners licensee licensed under the Illinois Gambling Act, or a licensee that operates, under any law of this State, one or more  facilities or gaming locations at which lawful gambling is authorized and licensed as provided in the Illinois Gambling Act.
(b) The Department may provide, by rule, for certification to any State gaming licensee of past due child support owed by a responsible relative under a support order entered by a court or administrative body of this or any other State on behalf of a resident or non-resident receiving child support services under this Article in accordance with the requirements of Title IV-D, Part D, of the Social Security Act. The State gaming licensee shall have the ability to withhold from winnings required to be reported to the Internal Revenue Service on Form W-2G, up to the full amount of winnings necessary to pay the winner's past due child support. The rule shall provide for notice to and an opportunity to be heard by each responsible relative affected and any final administrative decision rendered by the Department shall be reviewed only under and in accordance with the Administrative Review Law.
(c) For withholding of winnings, the State gaming licensee shall be entitled to an administrative fee not to exceed the lesser of 4% of the total amount of cash winnings paid to the gambling winner or $150.
(d) In no event may the total amount withheld from the cash payout, including the administrative fee, exceed the total cash winnings claimed by the obligor. If the cash payout claimed is greater than the amount sufficient to satisfy the obligor's delinquent child support payments, the State gaming licensee shall pay the obligor the remaining balance of the payout, less the administrative fee authorized by subsection (c) of this Section, at the time it is claimed.
(e) A State gaming licensee who in good faith complies with the requirements of this Section shall not be liable to the gaming winner or any other individual or entity.
(Source: P.A. 101-31, eff. 6-28-19.)
(305 ILCS 5/10-18) (from Ch. 23, par. 10-18)
Sec. 10-18. 
		
		Recoveries-Deductibility of Direct Relatives' Support Payment.)
In any actions for the recovery of the financial aid, including actions
for the enforcement of estate and lien claims, amounts contributed by
responsible relatives either voluntarily or by court or administrative order
and paid to the
Illinois Department or to a local governmental unit shall be deducted from
the claim of the State or the governmental unit.
(Source: P.A. 79-474.)
(305 ILCS 5/10-19) (from Ch. 23, par. 10-19)
Sec. 10-19. Support Payments Ordered Under Other Laws; where
deposited.  
The Illinois Department and local governmental units are
authorized to receive payments directed by court order for the support
of recipients, as provided in the following Acts:
1. "Non-Support of Spouse and Children Act", approved     June 24, 1915, as amended,
1.5. The Non-Support Punishment Act,
2. "Illinois Marriage and Dissolution of Marriage     Act", as now or hereafter amended,
3. The Illinois Parentage Act, as amended,
3.5. The Illinois Parentage Act of 2015,
4. "Revised Uniform Reciprocal Enforcement of Support     Act", approved August 28, 1969, as amended,
5. The Juvenile Court Act or the Juvenile Court Act     of 1987, as amended,
6. The "Unified Code of Corrections", approved July     26, 1972, as amended,
7. Part 7 of Article XII of the Code of Civil     Procedure, as amended,
8. Part 8 of Article XII of the Code of Civil     Procedure, as amended, and
9. Other laws which may provide by judicial order for     direct payment of support moneys.
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. 99-85, eff. 1-1-16.)
(305 ILCS 5/10-20) (from Ch. 23, par. 10-20)
Sec. 10-20. 
		(Repealed).
(Source: P.A. 92-84, eff. 7-1-02.  Repealed internally, eff. 7-1-02.)
(305 ILCS 5/10-21) (from Ch. 23, par. 10-21)
Sec. 10-21. 
		(Repealed).
(Source: P.A. 92-84, eff. 7-1-02.  Repealed internally, eff. 7-1-02.)
(305 ILCS 5/10-22) (from Ch. 23, par. 10-22)
Sec. 10-22. 
		(Repealed).
(Source: P.A. 87-1172. Repealed by P.A. 90-790, eff. 8-14-98.)
(305 ILCS 5/10-23)
Sec. 10-23. 
		Employer obligations. 
		If a parent is required by a court or
administrative order for support to provide coverage for a child's health care
expenses and if that coverage is available to the parent through an employer
who does business in this State, the employer must do all of the
following upon receipt of a copy of the order of support or order for
withholding:
(1) The employer shall, upon the parent's request,     permit the parent to include in that coverage a child who is otherwise eligible for that coverage, without regard to any enrollment season restrictions that might otherwise be applicable as to the time period within which the child may be added to that coverage.
(2) If the parent has health care coverage through     the employer but fails to apply for coverage of the child, the employer shall include the child in the parent's coverage upon application by the child's other parent or the Illinois Department.
(3) The employer may not eliminate any child from the     parent's health care coverage unless the employee is no longer employed by the employer and no longer covered under the employer's group health plan or unless the employer is provided with satisfactory written evidence of either of the following:
(A) The court or administrative order is no         longer in effect.
(B) The child is or will be included in a         comparable health care plan obtained by the parent under such order that is currently in effect or will take effect no later than the date the prior coverage is terminated.
The employer may eliminate a child from a parent's     health care coverage if the employer has eliminated dependent health care coverage for all of its employees.
(Source: P.A. 89-183, eff. 1-1-96.)
(305 ILCS 5/10-24)
Sec. 10-24. 
		Definitions. 
		In this Section through Section 10-24.50:
"Account" means a demand deposit account, checking or negotiable withdrawal
order account, savings account, time deposit account, or money market mutual
fund account.
"Financial institution" includes:
(1) a depository institution, which is any bank or     saving association;
(2) an insured depository institution, which is any     bank or saving institution the deposits of which are insured pursuant to the Federal Deposit Insurance Act, or any uninsured branch or agency of a foreign bank or a commercial lending company owned or controlled by a foreign bank;
(3) a federal depository institution, which is any     national bank, any federal savings association, or any federal branch;
(4) a state depository institution, which is any     state bank, any state savings association, or any insured branch which is not a federal branch;
(5) a federal credit union, which is a cooperative     association organized in accordance with the provisions of the Federal Credit Union Act;
(6) a state chartered credit union which is organized     and operated according to the laws of this or any other state, which laws provide for the organization of credit unions similar in principle and objectives to federal credit unions; and
(7) any benefit association, insurance company, safe     deposit company, money market mutual fund, or similar entity authorized to do business in this State.
"Financial record" has the meaning given to that term in Section 1101 of
the federal Right to Financial Privacy Act of 1978 (12 U.S.C. 3401).
(Source: P.A. 90-18, eff. 7-1-97.)
(305 ILCS 5/10-24.5)
Sec. 10-24.5. 
		Financial institutions data matches.
(a) The Illinois Department may design and implement a data match system
pursuant to which the Illinois Department shall enter into agreements with
financial institutions doing business in this State for the purpose of
identifying accounts as defined in Section 10-24
of responsible relatives who owe
past-due child support.
(b) Every
agreement entered into with a financial institution under this Section shall
provide, at the option of the financial institution, either (i) that the
financial institution shall compare data concerning
account holders, owners, or customers who maintain one or more accounts as
defined in Section 10-24 at the
financial institution with data concerning individuals identified by the
Illinois
Department as responsible relatives who owe past-due child
support and for each of whom the Illinois Department shall provide the name,
record address, and social security number or tax identification number, or
(ii) that the financial institution shall provide the
social
security number or tax identification number of the
account holders, owners, or customers who maintain  one or more accounts as
defined in Section 10-24 at the
financial institution to the Illinois Department, which shall
compare that data with data concerning individuals identified
as responsible relatives who owe past-due
child support.
(c) Every agreement shall provide that the Illinois Department shall pay to
the financial institution providing or comparing the data a reasonable fee not
to exceed the
institution's actual cost of providing the data or performing the comparison.
(d) If the financial institution or Illinois Department determines that the
name and either social
security number or tax identification number of an individual identified by the
Illinois Department under subsection (b) match the name and either social
security number or tax identification number of the account holder, owner, or
customer
who maintains one or more accounts as defined in Section 10-24
at the financial institution,
then the financial institution
shall report the individual's name and either social security number or tax
identification number to the Illinois Department, for each calendar quarter in
which the individual is identified by the Illinois Department as a responsible
relative who owes past-due child support.
(Source: P.A. 90-18, eff. 7-1-97.)
(305 ILCS 5/10-24.30)
Sec. 10-24.30. 
		Types of accounts to be reported. 
		The reporting
requirements of Section 10-24.5 regarding accounts as defined in Section 10-24
apply to
individual accounts, joint accounts, and sole proprietorship accounts.
In the case of a joint account, the account holder or owner shall be deemed to
be the
primary account holder or owner established by the financial institution in
accordance
with federal 1099 reporting requirements.
(Source: P.A. 90-18, eff. 7-1-97.)
(305 ILCS 5/10-24.35)
Sec. 10-24.35. Accommodation of financial institutions. The Illinois
Department shall make a reasonable effort to accommodate
those financial institutions on which the requirements of this Article X
 would impose a hardship.  In the case of a non-automated financial
institution,
a paper copy including either social security numbers or tax identification
numbers is an acceptable format.  In order to allow for data processing
implementation, no agreement shall become effective earlier than 90 days after
its execution.
(Source: P.A. 95-331, eff. 8-21-07.)
(305 ILCS 5/10-24.40)
Sec. 10-24.40. Financial institution's charges on account.
(a) If the Illinois Department requests a financial
institution to hold or encumber assets in an account as defined in Section
10-24, the financial institution at which the account as defined in Section
10-24 is maintained may
charge and collect its normally scheduled account activity fees to maintain the
account during the period of time the account assets are held or encumbered.
(b) If the Illinois Department takes any action to enforce
a lien or levy imposed on an account, as defined in Section 10-24, under
Section 10-25.5, the financial institution
at which the account is maintained may charge to the account a fee of up to $50
and shall deduct the amount of the fee from the account before
remitting any moneys from the account to the Illinois Department.
(Source: P.A. 95-331, eff. 8-21-07.)
(305 ILCS 5/10-24.45)
Sec. 10-24.45. 
		Confidentiality. 
		All information provided by a financial
institution under Sections 10-24 through 10-24.50 is confidential and may be
used only for the purpose of enforcing payment of child support.
The Illinois Department shall adopt rules to
safeguard any confidential information received from a financial institution.
(Source: P.A. 90-18, eff. 7-1-97.)
(305 ILCS 5/10-24.50)
Sec. 10-24.50. Financial institution's freedom from liability. A
financial institution that provides information under Sections 10-24 through
10-24.50 shall not be liable to any account holder, owner, or other person in
any civil, criminal, or administrative action for any
of the following:
(1) Disclosing the required information to the     Illinois Department, any other provisions of the law notwithstanding.
(2) Holding, encumbering, or surrendering any of an     individual's accounts as defined in Section 10-24 in response to a lien or order to withhold and deliver issued by:
(A) the Illinois Department under Sections 10-25         and 10-25.5; or
(B) a person or entity acting on behalf of the         Illinois Department.
(3) Any other action taken or omission made in good     faith to comply with Sections 10-24 through 10-24.50, including individual or mechanical errors, provided that the action or omission does not constitute gross negligence or willful misconduct.
(Source: P.A. 100-201, eff. 8-18-17.)
(305 ILCS 5/10-25)
Sec. 10-25. Administrative liens and levies on real property for
past-due child support and for fines against a payor who wilfully fails to withhold or pay over income pursuant to a properly served income withholding notice or otherwise fails to comply with any duties imposed by the Income Withholding for Support Act.
(a) Notwithstanding any other State or local law to the contrary, the State shall have a lien on all legal and equitable interests of
responsible relatives in their real property
in the amount of past-due child support owing pursuant to an order
for child support entered under Sections 10-10 and 10-11 of this Code, or under
the Illinois Marriage and Dissolution of Marriage Act, the Non-Support of
Spouse and Children Act, the Non-Support Punishment Act, the Uniform
Interstate Family Support Act, the
Illinois Parentage Act of 1984, or the Illinois Parentage Act of 2015.
(a-5) The State shall have a lien on all legal and equitable interests of a payor, as that term is described in the Income Withholding for Support Act, in the payor's real property in the amount of any fine imposed by the Illinois Department pursuant to the Income Withholding for Support Act.
(b) The Illinois Department shall provide by rule for notice to and an
opportunity to be heard by each responsible relative or payor affected, and any final
administrative decision rendered by the Illinois Department shall be reviewed
only under
and in accordance with the Administrative Review Law.
(c) When enforcing a lien under subsection (a) of this Section, the
Illinois Department shall have the authority to execute notices of
administrative liens and levies, which shall contain the name and address of
the responsible relative or payor, a legal description of the real property
to be levied, the fact that a lien
is being claimed for past-due child support or for the fines imposed on a payor pursuant to the Income Withholding for Support Act, and such other information as the
Illinois Department may by rule prescribe.  The Illinois Department shall
record the notice of lien with the recorder or registrar of titles of
the county or counties in which the real estate is located.
(d) The State's lien under subsection (a) shall be
enforceable upon the recording or filing of a notice of lien with the recorder
or registrar of titles of the county or counties in which the real estate is
located.  The lien shall be prior to any lien thereafter recorded or filed and
shall be notice to a subsequent purchaser, assignor, or encumbrancer of the
existence and nature of the lien.  The lien shall be inferior to the lien of
general taxes, special assessment, and special taxes heretofore or hereafter
levied by any political subdivision or municipal corporation of the State.
In the event that title to the land to be affected by the notice of lien is
registered under the Registered Titles (Torrens) Act, the notice shall be filed
in the office of the registrar of titles as a memorial or charge upon each
folium of the register of titles affected by the notice; but the State shall
not have a preference over the rights of any bona fide purchaser, mortgagee,
judgment creditor, or other lien holders registered prior to the registration
of the notice.
(e) The recorder or registrar of titles of each county shall procure
a file labeled "Child Support Lien Notices" and an index book labeled "Child
Support Lien Notices".  When notice of any lien is presented to the recorder or
registrar of titles for filing,
the recorder or registrar of titles shall file it in numerical order in the
file and shall enter it
alphabetically in the index.  The entry shall show the name and last known
address of the person or payor named in the notice, the serial number of the notice, the
date and hour of filing, and the amount of child support or the amount of the fine imposed on the payor due at the time when
the lien is filed.
(f) The Illinois Department shall not be required to furnish bond or make a
deposit for or pay any costs or fees of any court or officer thereof in any
legal proceeding involving the lien.
(g) To protect the lien of the State for past-due child support and for any fine imposed against a payor, the
Illinois Department may, from funds that are available for that purpose, pay
or provide for the payment of necessary or essential repairs, purchase tax
certificates, pay balances due on land contracts, or pay or cause to be
satisfied any prior liens on the property to which the lien hereunder applies.
(h) A lien on real property under this Section shall be released
pursuant
to Section 12-101 of the Code of Civil Procedure.
(i) The Illinois Department, acting in behalf of the
State, may foreclose the lien in a judicial proceeding to the same extent and
in the same manner as in the enforcement of other liens.  The process,
practice, and procedure for the foreclosure shall be the same as provided in
the Code of Civil Procedure.
(Source: P.A. 99-85, eff. 1-1-16; 99-157, eff. 7-1-17; 99-642, eff. 7-28-16.)
(305 ILCS 5/10-25.5)
Sec. 10-25.5. Administrative liens and levies on personal property for
past-due child support and for fines against a payor who wilfully fails to withhold or pay over income pursuant to a properly served income withholding notice or otherwise fails to comply with any duties imposed by the Income Withholding for Support Act.
(a) Notwithstanding any other State or local law to the contrary, the State shall have a lien on all legal and equitable interests of
responsible relatives in their personal property, including any account in a
financial institution as defined
in Section 10-24, or in the case of an insurance company or benefit association
only in accounts as defined in Section 10-24, in the amount of past-due child
support owing pursuant to an order
for child support entered under Sections 10-10 and 10-11 of this Code, or under
the Illinois Marriage and Dissolution of Marriage Act, the Non-Support of
Spouse and Children Act, the Non-Support Punishment Act, the Uniform
Interstate Family Support Act, the
Illinois Parentage Act of 1984, or the Illinois Parentage Act of 2015.
(a-5) The State shall have a lien on all legal and equitable interests of a payor, as that term is described in the Income Withholding for Support Act, in the payor's personal property in the amount of any fine imposed by the Illinois Department pursuant to the Income Withholding for Support Act.
(b) The Illinois Department shall provide by rule for notice to and an
opportunity to be heard by each responsible relative or payor affected, and any final
administrative decision rendered by the Illinois Department shall be reviewed
only under
and in accordance with the Administrative Review Law.
(c) When enforcing a lien under subsection (a) of this Section, the
Illinois Department shall have the authority to execute notices of
administrative liens and levies, which shall contain the name and address of
the responsible relative or payor, a description of the property
to be levied, the fact that a lien
is being claimed for past-due child support, and such other information as the
Illinois Department may by rule prescribe.  The Illinois Department may
serve the notice of lien or levy upon any financial institution where
the accounts as defined in Section 10-24 of the responsible relative may be
held, for encumbrance or surrender of the accounts as defined in Section 10-24
by the financial institution.
(d) The Illinois Department shall enforce its lien against the responsible
relative's or payor's personal property, other than accounts as defined in Section 10-24
in financial institutions,
and
levy upon such personal property in the manner provided for enforcement of
judgments contained in Article XII of the Code of Civil Procedure.
(e) The Illinois Department shall not be required to furnish bond or make a
deposit for or pay any costs or fees of any court or officer thereof in any
legal proceeding involving the lien.
(f) To protect the lien of the State for past-due child support and for any fine imposed on a payor, the
Illinois Department may, from funds that are available for that purpose, pay
or provide for the payment of necessary or essential repairs, purchase tax
certificates, or pay or cause to be
satisfied any prior liens on the property to which the lien hereunder applies.
(g) A lien on personal property under this Section shall be released
in the manner provided under Article XII
of the Code of Civil Procedure.
Notwithstanding the foregoing, a lien under this Section on accounts as defined
in Section 10-24 shall expire upon the passage of 120 days from the date of
issuance of the Notice of Lien or Levy by the Illinois Department.  However,
the lien
shall remain in effect during the pendency of any appeal or protest.
(h) A lien created under this Section is subordinate to any prior lien of
the financial institution or any prior lien holder or any prior right of
set-off that the financial institution may have against the assets, or in the
case of an insurance company or benefit association only in the accounts as
defined in Section 10-24.
(i) A financial institution has no obligation under this Section to hold,
encumber, or surrender the assets, or in the case of an insurance company or
benefit association only the accounts as defined in Section 10-24, until the
financial
institution has been properly served with a subpoena, summons, warrant,
court or administrative order, or administrative lien and levy requiring that
action.
(Source: P.A. 99-85, eff. 1-1-16; 99-157, eff. 7-1-17; 99-642, eff. 7-28-16.)
(305 ILCS 5/10-26)
Sec. 10-26. 
		State Disbursement Unit.
(a) Effective October 1, 1999 the Illinois Department shall establish a
State Disbursement Unit in accordance with the requirements of Title IV-D of
the Social Security Act.  The Illinois Department shall enter into an agreement
with a State or local governmental unit or private entity to perform the
functions of the State Disbursement Unit as set forth in this Section.  The
State Disbursement Unit shall collect and disburse support payments made under
court and administrative support orders:
(1) being enforced in cases in which child and spouse     support services are being provided under this Article X; and
(2) in all cases in which child and spouse support     services are not being provided under this Article X and in which support payments are made under the provisions of the Income Withholding for Support Act.
(a-2) The contract entered into by the Illinois Department with a
public or
private entity or an individual for the operation of the State
Disbursement
Unit is subject to competitive bidding.  In addition, the contract is subject
to Section
10-26.2 of this
Code.  As used in this subsection (a-2), "contract" has the same meaning as in
the Illinois
Procurement Code.
(a-5) If the State Disbursement Unit receives a support payment that was
not appropriately made to the Unit under this Section, the Unit shall
immediately return the payment to the sender, including, if possible,
instructions detailing where to send the support payments.
(b) All payments received by the State Disbursement Unit:
(1) shall be deposited into an account obtained by     the Illinois Department, and
(2) distributed and disbursed by the State     Disbursement Unit, in accordance with the directions of the Illinois Department, pursuant to Title IV-D of the Social Security Act and rules promulgated by the Department.
(c) All support payments assigned to the Illinois Department under Article X
of this Code and rules promulgated by the Illinois Department that are
disbursed to the Illinois Department by the State Disbursement Unit shall be
paid into the Child Support Enforcement Trust Fund.
(d) If the agreement with the State or local governmental unit or private
entity provided for in this Section is not in effect for any reason, the
Department shall perform the functions of the State Disbursement Unit as set
forth in this Section for a maximum of 12 months before July 1, 2001, and for
a
maximum of 24 months after June 30, 2001.  If the Illinois Department is
performing the functions of the State Disbursement Unit on July 1, 2001, then
the Illinois Department shall make an award on or before December 31, 2002, to
a State or local government unit or private entity to perform the functions of
the State Disbursement Unit.
Payments received by the Illinois Department in performance of the duties
of the State
Disbursement Unit shall be deposited into the State Disbursement Unit Revolving
Fund established under Section 12-8.1.
Nothing in this Section shall prohibit the Illinois Department from holding
the State Disbursement Unit Revolving Fund after June 30, 2003.
(e) By February 1, 2000, the Illinois Department shall conduct at least 4
regional training and educational seminars to educate the clerks of the circuit
court on the general operation of the State Disbursement Unit, the role of the
State Disbursement Unit, and the role of the clerks of the circuit court in the
collection and distribution of child support payments.
(f) By March 1, 2000, the Illinois Department shall conduct at least 4
regional educational and training seminars to educate payors, as defined
in the Income Withholding for Support Act, on the general operation of the
State Disbursement Unit, the role of the State Disbursement Unit, and the
distribution of income withholding payments pursuant to this Section and the
Income Withholding for Support Act.
(Source: P.A. 92-44, eff. 7-1-01; 93-20, eff. 6-20-03.)
(305 ILCS 5/10-26.2)
Sec. 10-26.2. 
		
		Contracts concerning the operation of the State Disbursement
Unit.
(a) In this Section:
"Contract" has the same meaning as in the Illinois Procurement Code.
"SDU contractor" means any public or private entity or individual with whom
the
Illinois Department enters into a contract in connection with the operation of
the State
Disbursement Unit.
(b) The contract entered into by the Illinois Department with a public or
private
entity or an individual in connection with the operation of the State
Disbursement Unit
must contain, at a minimum, the provisions set forth in this Section.
(c) The contract must include standards and procedures
to ensure that the data
relied on
by the State Disbursement Unit in performing its functions is accurate so that
the State
Disbursement Unit will be able to effectively administer the collection and
disbursement
of support payments.
(d) The contract must contain provisions to ensure that all clerks of the
circuit
court have access to
non-custodial
parents' support payment information in the possession of the State
Disbursement Unit.
(e) The contract must contain provisions to ensure that notices to employers
in
connection with the collection of support are clear and consistent and that the
SDU
contractor will promptly inform an employer about any problems and any
necessary
changes in connection with the collection of support.
(f) The contract must contain appropriate management controls to ensure that
(i)
all of the SDU contractor's actions in performing the functions of the State
Disbursement
Unit are reasonably planned, timely implemented, and adequately controlled and
(ii) all
reports that are necessary to provide the Illinois Department with the
information
necessary to effectively monitor the quality and accuracy of the SDU
contractor's actions
in performing the functions of the State Disbursement Unit are timely filed.
(g) The contract must contain provisions specifying standards with respect
to the level of performance expected of the SDU contractor.  The contract may
include provisions for incentives and penalties in connection with the SDU
contractor's performance.
(h) The contract must contain provisions projecting the number of active
support collection and disbursement cases to be handled by the State
Disbursement Unit and estimating the number of support disbursement
transactions to be handled each year.
(i) The contract must contain provisions requiring
compliance with all
applicable federal
requirements concerning disbursement of support.
The contract must also contain provisions for the Illinois Department's
regular, periodic
review of reports on disbursement performance.
(j) The contract must contain provisions requiring the SDU contractor to
submit
to the Illinois Department, within 45 days after the end of each State fiscal
year, a
completed American Institute of Certified Public Accountants Statement on
Auditing
Standards Number 88 (SAS 88) or its successor for the purpose of enabling the
Illinois
Department to
appropriately monitor the State Disbursement Unit's performance as a service
organization and to enable the Auditor General, as the external auditor of the
State
Disbursement Unit, to ensure that appropriate controls are present.
(k) The contract must contain provisions requiring the Illinois Department
and the
SDU contractor to examine the causes of untimely disbursement of support
payments and
inappropriate cost recovery and to take prompt action to ensure the timely and
accurate
disbursement of support payments.  The contract must also contain provisions
for the
final disposition of support payments that cannot be processed by
the State
Disbursement Unit within 2 business days.
(l) The contract must contain provisions to ensure that neither the Illinois
Department nor the SDU contractor uses moneys collected and held in trust for
the
payment of support for any purpose other than that for which the moneys were
collected.
(m) The contract must contain provisions requiring the Illinois Department
to audit
the disbursement of all emergency support payments and report to the General
Assembly
the results of the audit, including, without limitation, the number of
emergency support
payment checks issued by the State Disbursement Unit, the amount of repayments
received from recipients of those checks, and amounts for which the Illinois
Department did not seek repayment.
(Source: P.A. 92-44, eff. 7-1-01.)
(305 ILCS 5/10-26.5)
Sec. 10-26.5. 
		Delayed payment from State Disbursement Unit.
(a) In this Section, "adversely affected recipient of support" means a person
who meets
all of the following criteria:
(1) The person is entitled to disbursement of a child     support payment from the State Disbursement Unit.
(2) The person either (i) does not receive from the     State Disbursement Unit a disbursement of a child support payment to which he or she is entitled or (ii) receives a delayed disbursement of a child support payment from the State Disbursement Unit.
(3) As a result of the nonreceipt of the disbursement     of the child support payment or the delayed disbursement of the child support payment, the person receives an adverse rating by a credit reporting agency based, for example, on the person's inability to make a timely payment of an amount owed to another person.
(b) Upon the request of an adversely affected recipient of support, the
Illinois Department shall send a letter to the recipient
verifying the delayed or undisbursed child support payment.  The recipient may
submit that letter to the appropriate credit reporting
agency for placement in the recipient's credit file.
(c) The Illinois Department shall adopt rules necessary to implement this
Section.
(Source: P.A. 91-793, eff. 6-9-00.)
(305 ILCS 5/10-27)
Sec. 10-27. State Case Registry.
(a) The Illinois Department shall establish an automated State Case
Registry to
contain records concerning child support orders for parties receiving child
support enforcement services under this Article X, and for all child support
orders entered or modified on or after October 1, 1998.  The State Case
Registry shall include (i) the information filed with the Illinois Department,
or filed with the clerk of the circuit court and provided to the Illinois
Department, under the provisions of Sections 10-10.5 and 10-11.2 of this Code,
Section 505.3 of the Illinois Marriage and Dissolution of Marriage Act, Section
30 of the Non-Support Punishment Act, Section 803 of the Illinois Parentage Act of 2015, and Section 14.1 of the Illinois
Parentage Act of 1984, and (ii) any other information required under Title IV,
Part D of the Social Security Act or by the federal Department of Health and
Human Services.
(b) (Blank).
(c) The Illinois Department shall maintain the following payment information
on child support orders for parties receiving child support
enforcement services
under
this Article X:
(1) the amount of monthly or other periodic support     owed under the order and other amounts, including arrearages, interest or late payment penalties, and fees, due or overdue under the order;
(2) any amounts described in subdivision (1) of     subsection (d) that have been collected;
(3) the distribution of the collected amounts; and
(4) the amount of any lien imposed with respect to     the order pursuant to Section 10-25 or Section 10-25.5 of this Code.
(d) The Illinois Department shall establish, update, maintain, and monitor
case records in the Registry of parties receiving child support
enforcement services under this Article X, on the bases of:
(1) information on administrative actions and     administrative and judicial proceedings and orders relating to paternity and support;
(2) information obtained from comparison with     federal, State, and local sources of information;
(3) information on support collections and     distribution; and
(4) any other relevant information.
(e) The Illinois Department shall use the automated State Case Registry to
share and compare information with, and receive information from, other data
bases and information comparison services in order to obtain (or provide)
information necessary to enable the Illinois Department (or the federal
Department of Health and Human Services or other State or federal agencies) to
carry out the requirements of the child support enforcement program established
under Title IV, Part D of the Social Security Act.  Such information comparison
activities shall include the following:
(1) Furnishing to the Federal Case Registry of Child     Support Orders (and updating as necessary, with information including notice of expiration of orders) the information specified by the federal Department of Health and Human Services in regulations.
(2) Exchanging information with the Federal Parent     Locator Service for the purposes specified in Section 453 of the Social Security Act.
(3) Exchanging information with State agencies (of     this State and of other states) administering programs funded under Title IV, Part A and Title XIX of the Social Security Act and other programs designated by the federal Department of Health and Human Services, as necessary to perform responsibilities under Title IV, Part D of the Social Security Act and under such other programs.
(4) Exchanging information with other agencies of     this State, agencies of other states, and interstate information networks, as necessary and appropriate to carry out (or assist other states to carry out) the purposes of Title IV, Part D of the Social Security Act.
(5) Disclosing information to any other entities as     required under Title IV, Part D of the Social Security Act.
(f) The Illinois Department shall adopt rules establishing safeguards,
applicable to all confidential information included in the State Case Registry,
that are designed to protect the privacy rights of persons concerning whom
information is on record in the State Case Registry.  Such safeguards shall
include,
but not be limited to the following:
(1) Prohibitions against the release of information     on the whereabouts of one party or the child to another party against whom a protective order with respect to the former party or the child has been entered.
(2) Prohibitions against the release of information     on the whereabouts of one party or the child to another party if the Illinois Department has reasonable evidence of domestic violence or child abuse (that is, allegations of domestic violence or child abuse, unless the Illinois Department has an independent, reasonable basis to find the person making the allegation not credible) to the former party or child by the party requesting information.
(3) Prohibitions against the release of information     on the whereabouts of one party or the child to another person if the Illinois Department has reason to believe the release of information to that person may result in physical or emotional harm to the party or child.
(Source: P.A. 99-85, eff. 1-1-16.)
(305 ILCS 5/10-28)
Sec. 10-28. Notice of child support enforcement services. The Illinois Department may provide notice at any time to the parties to a judicial action filed under this Code, or under any other law providing for support of a spouse or dependent child, that child support enforcement services are being provided by the Illinois Department under this Article X.  The notice shall be sent by regular mail to the party's last known address on file with the clerk of the court or the State Case Registry established under Section 10-27.  After notice is provided pursuant to this Section, the Illinois Department shall be entitled, as if it were a party, to notice of any further proceedings brought in the case.  The Illinois Department shall provide the clerk of the court with copies of the notices sent to the parties.  The clerk shall file the copies in the court file.
(Source: P.A. 94-88, eff. 1-1-06.)