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(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.)
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