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(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.)
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