Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 160 - CHILD SUPPORT SERVICES › Subpart D - ENFORCEMENT OF CHILD SUPPORT ORDERS › Section 160.70 - Enforcement of Support Orders

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Income Withholding
Whether using the administrative process (see Section
				  160.60(d)
				  ) or the judicial process (see Section
				  160.60(e)
				  ), the Department shall follow the procedures for withholding of income
				  contained in Section
				  160.75
				  to enforce and collect past-due support owed by responsible relatives in IV-D
				  cases, and it shall as promptly as possible distribute all amounts collected.
				  In addition to income as defined in Section 160.75, the Department shall
				  proceed to collect support from the principal and income of trusts as provided
				  by Section 2-1403 of the Code of Civil Procedure [
				  735 ILCS
				  5/2-1403 ].
b) Federal and State Income Tax Refunds and
				Other Payments
1) The Department shall
				collect past-due support owed by responsible relatives in IV-D cases through
				intercept of federal and State income tax refunds and other federal and State
				payments (see Section 10.05a of the State Comptroller Act [
				15
				ILCS 405/10.05a ], Section 2505-650 of the Department
				of Revenue Law [
				20 ILCS
				2505/2505-650 ] and the Debt Collection Improvement
				Act of 1996 (
				31 USC
				3701 et seq.)) due the responsible
				relatives.
2) The Department shall
				submit past-due support amounts to:
A) the
				Department of Health and Human Services to intercept federal income tax refunds
				and other federal payments in accordance with federal instructions as follows:
i) in IV-D TANF and IV-D foster care cases,
				past-due support owed for a child or for a child and the parent with whom the
				child is living in an amount not less than $150. The Department may combine
				assigned support amounts from the same obligor in multiple cases to reach the
				minimum amount of $150 for TANF and Foster Care cases; however, amounts under
				this subsection (b)(2)(A)(i) may not be combined with amounts under subsection
				(b)(2)(A)(ii) to reach the minimum amounts required for submittal;
				and
ii) in IV-D non-TANF cases,
				past-due support owed to or on behalf of a child, or a child and the parent
				with whom the child is living if the same support order includes support for
				the child and the parent, and the amount of past-due support is not less than
				$500. The Department may combine non-assistance support amounts from the same
				obligor in multiple cases to reach the minimum amount of $500; however, amounts
				under this subsection (b)(2)(A)(ii) may not be combined with amounts under
				subsection (b)(2)(A)(i) to reach the minimum amounts required for
				submittal.
B) the
				Illinois Department of Revenue to intercept State income tax refunds and the
				Comptroller to intercept other State payments as follows:
i) in active IV-D cases, past-due support
				owed in an amount not less than one month's support obligation or $25,
				whichever is less;
ii) in inactive
				IV-D TANF or IV-D foster care cases, past-due support owed in any amount;
				and
iii) in cases in which the
				responsible relative who owes past-due support is receiving periodic payments
				from this State because of employment, disability, retirement or any other
				reason, the Department shall, upon obtaining knowledge of those circumstances,
				refund any amounts inadvertently intercepted to the responsible relative and
				proceed to collect past-due support pursuant to the income withholding
				provisions of the support statutes.
3) The Department shall provide the
				responsible relative with a notice prior to submitting a past-due support
				amount for intercept, which advance notice shall inform the responsible
				relative of the following:
A) the IV-D case
				name and identification number;
B)
				the past-due support amount that will be submitted for intercept, and that any
				additional past-due support that accumulates will be subject to collection by
				the Department without further notice;
C) the right to contest the determination
				that past-due support is owed or the amount of past-due support by requesting:
i) a redetermination by the Department;
				or
ii) after the redetermination,
				an administrative review by any other state in which the support order was
				issued upon which the referral for federal income tax refund intercept or other
				federal payment offset is based, at the request of the responsible relative;
				and
D) that the Internal
				Revenue Service or Financial Management Service will notify the responsible
				relative's spouse at the time of intercept regarding the steps to take to
				protect the share of the refund that may be payable to that spouse, in the case
				of a joint federal income tax return.
4) A request for a redetermination made
				within 15 days from the date of mailing of the advance notice shall stay the
				Department from submitting the past-due amount.
5) No later than 120 days after the date the
				redetermination was requested, the Department shall provide the responsible
				relative with a notice of the results of the redetermination and of the right
				to contest those results by requesting:
A) a
				hearing by the Department within 15 days after the date of mailing of the
				notice; or
B) an administrative
				review by any other state in which the support order was issued upon which the
				referral for federal income tax refund intercept or other federal payment
				offset is based.
6) If a
				responsible relative requests administrative review by the state in which the
				support order was issued upon which the referral for federal income tax refund
				intercept or other federal payment offset is based, the Department shall notify
				the state with the order of the request and shall provide that state with all
				necessary information within ten days after the responsible relative's request.
				The Department shall be bound by the decision of the state with the
				order.
7) The Department shall
				proceed in accordance with 89 Ill. Adm. Code
				104.103
				upon receipt of a request for a hearing.
8) The Department shall notify:
A) any other state enforcing the support
				order when the request for intercept is submitted and when the intercept amount
				is received;
B) the U.S. Department
				of Health and Human Services of any deletion of an amount submitted for federal
				income tax refund intercept or other federal payment offset, in accordance with
				federal instructions;
C) the
				Illinois Department of Revenue of any deletion of an amount submitted for State
				income tax refund and the Comptroller for other payment intercept or any
				significant decrease in the amount; and
D) the Clerk of Circuit Court of the county
				in which the child support order was entered of any amount intercepted for
				posting to the court payment record.
9) The Department shall:
A) as promptly as possible refund to the
				responsible relative any amount intercepted found to exceed the amount of
				past-due support owed; and
B)
				equitably apportion joint State income tax refunds and other State payments
				based upon copies of federal and State income tax returns, including all
				schedules and attachments, or other evidence of ownership, the equitable
				apportionment to be based on the documented proportionate net income of the
				parties, and pay to the joint payee that portion of the amount intercepted
				found to be his or hers; except that the Comptroller shall apportion refunds
				and payments in matters in which the intercepted funds have not yet been
				transferred to the Department.
10) The Department shall, as promptly as
				possible, apply collections it receives as a result of intercept under this
				subsection (b) as follows:
A) federal income
				tax refunds first to satisfy any IV-D TANF or IV-D foster care assigned
				past-due support, and then to satisfy any IV-D non-TANF past-due support;
				and
B) other federal and State
				payments in accord with distribution provisions in Subpart F.
11) The Department shall inform
				individuals who receive IV-D non-TANF support enforcement services, in advance,
				of the following:
A) amounts intercepted
				under this subsection (b) will be applied in accordance with Section
				160.130;
B) any payment received by the IV-D non-TANF
				individual as a result of federal income tax refund intercept may have to be
				returned to the Department within six years following the end of the tax year
				if there is an adjustment necessitated by the responsible relative's spouse
				filing an amended tax return in order to receive his or her share of a joint
				tax refund.