Illinois General Assembly - Illinois Compiled Statutes

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305 ILCS 5/4-1.7

(305 ILCS 5/4-1.7) (from Ch. 23, par. 4-1.7)

Sec. 4-1.7. Enforcement of parental child support obligation.


If the parent or parents of the child are failing to meet or are delinquent
in their legal obligation to support the child, the parent or other person
having custody of the child or the Department of Healthcare and Family Services may
request the law enforcement officer authorized or directed by law to so act
to file an action for the enforcement of such remedies as the law provides for
the fulfillment of the child support obligation.

If a parent has a judicial remedy against the other parent to compel child
support, or if, as the result of an action initiated by or in behalf of one
parent against the other, a child support order has been entered in respect to
which there is noncompliance or delinquency, or where the order so entered may
be changed upon petition to the court to provide additional support, the parent
or other person having custody of the child or the Department of Healthcare and Family Services may request the appropriate law enforcement officer to seek
enforcement of the remedy, or of the support order, or a change therein to
provide additional support.  If the law enforcement officer is not authorized
by law to so act in these instances, the parent, or if so authorized by law the
other person having custody of the child, or the Department of Healthcare and Family Services may initiate an action to enforce these remedies.

A parent or other person having custody of the child must
comply with the requirements of Title IV of the federal Social
Security Act, and the regulations duly promulgated thereunder,
and any rules promulgated by the Illinois Department regarding enforcement
of the child support obligation.  The
Department of Healthcare and Family Services

and the Department of Human Services may provide by rule for the
grant or continuation of aid to the person for a temporary period if he
or she accepts counseling or other services designed to increase his
or her motivation to seek enforcement of the child support obligation.

In addition to any other definition of failure or refusal to comply
with the requirements of Title IV of the federal Social Security Act, or
Illinois Department rule, in
the case of failure to attend court hearings, the parent or other person
can show cooperation by attending a court hearing or, if a court hearing
cannot be scheduled within 14 days following the court hearing that was
missed, by signing a statement that the parent or other person is now
willing to cooperate in the child support enforcement process and will
appear at any later scheduled court date.  The parent or other person can
show cooperation by signing such a statement only once.  If failure to
attend the court hearing or other failure to cooperate results in the case
being dismissed, such a statement may be signed after 2 months.

No denial or termination of medical assistance pursuant to this Section
shall commence during pregnancy of the parent or other person having custody
of the child or for 30 days after the termination of such pregnancy.  The
termination of medical assistance may commence thereafter if the
Department of Healthcare and Family Services determines that the failure or refusal to comply
with this Section persists.  Postponement of denial or termination of medical
assistance during pregnancy under this paragraph shall be effective only to
the extent it does not conflict with federal law or regulation.

Any evidence a parent or other person having custody of the child
gives in order to comply with the requirements of this Section shall not
render him or her liable to prosecution under Section 11-35 or 11-40 of the
Criminal Code of 2012.

When so requested, the Department of Healthcare and Family Services and the Department
of Human Services shall provide such services and assistance as the law
enforcement officer may require in connection with the filing of any action
hereunder.

The Department of Healthcare and Family Services and the Department of Human Services, as an expense of administration, may also provide applicants for and
recipients of aid with such services and assistance, including assumption
of the reasonable costs of prosecuting any action or proceeding, as may be
necessary to enable them to enforce the child support liability required
hereunder.

Nothing in this Section shall be construed as a requirement that an
applicant or recipient file an action for dissolution of marriage
against his or her spouse.

(Source: P.A. 100-201, eff. 8-18-17.)