Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 160 - CHILD SUPPORT SERVICES › Subpart F - DISTRIBUTION OF SUPPORT COLLECTIONS › Section 160.136 - Distribution of Support Collected in IV-E Foster Care Maintenance Cases

Current through Register Vol. 48, No. 28, July 12, 2024
a) For purposes of
				distribution under this Section, amounts collected in IV-E foster care
				maintenance cases shall be treated in accordance with the provision of Section
				160.100(a).
b) The amounts collected as support on behalf
				of children for whom the State is making IV-E foster care maintenance payments
				and for whom an assignment is effective shall be distributed as follows:
1) Reimbursement of current IV-E foster care
				maintenance: The amount of child support that is collected in a month which
				represents payment on the required support obligation for that month shall be
				forwarded to DCFS and retained by DCFS to reimburse itself for IV-E foster care
				maintenance payments.
2) Current
				excess: If the amount of child support collected in a month on behalf of a
				foster care dependent is in excess of the monthly amount of the IV-E foster
				care maintenance payment but not more than the monthly support obligation, the
				State Disbursement Unit shall pay, within 15 business days after the end of the
				month in which the support was initially received in the State, the excess to
				DCFS which will use the money in the best interests of the child.
3) Reimbursement of past IV-E foster care
				maintenance: If the amount of child support collected in a month on behalf of a
				foster care dependent exceeds the amount required to be distributed under
				subsections (b)(1) and (2), but not the total unreimbursed IV-E foster care
				maintenance payments, DCFS shall retain any such excess as reimbursement for
				these payments. If IV-E foster care maintenance payments are greater than the
				total support obligation owed, the maximum amount DCFS may retain as
				reimbursement for such payments is the amount of such obligation. If amounts
				are collected which represent the required support obligation for periods prior
				to the first month in which the family received IV-E foster care maintenance
				payments, such amounts may be retained by DCFS to reimburse the difference
				between such support obligation and such payments.
4) Past excess: If the amount of child
				support collected in a month on behalf of a foster care dependent is in excess
				of the amount required to be distributed pursuant to subsections (b)(1) through
				(3), such excess shall be paid by the State Disbursement Unit within 15
				business days after the end of the month in which the support was initially
				received in the State to DCFS and used in the best interests of the
				child.
5) Future support: If an
				amount collected as support represents payment on the required support
				obligation for future months, the amount shall be applied to those future
				months. However, no amounts shall be applied to future months unless amounts
				have been collected which fully satisfy the support obligation assigned for the
				current and all past months.