Illinois General Assembly - Illinois Compiled Statutes

Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

750 ILCS 5/705

(750 ILCS 5/705) (from Ch. 40, par. 705)

Sec. 705. Support payments; receiving and disbursing agents.

(1) The provisions of this Section shall apply, except as provided in
Sections 709 through 712.

(2) In a dissolution of marriage action filed in a county of less than 3
million population in which an order or judgment for child support is
entered, and in supplementary proceedings in any such county to enforce
or vary the terms of such order or judgment arising out of an action for
dissolution of marriage filed in such county, the court, except as it
otherwise orders, under subsection (4) of this Section, may direct that
child support payments be made to the clerk of the court.

(3) In a dissolution of marriage action filed in any county of 3
million or more population in which an order or judgment for child
support is entered, and in supplementary proceedings in any such county
to enforce or vary the terms of such order or judgment arising out of an
action for dissolution of marriage filed in such county, the court, except
as it otherwise orders under subsection (4) of this Section, may
direct that child support payments be made either to the clerk of the
court or to the Court Service Division of the County Department of
Public Aid.  After the  effective date of this Act, the court, except as
it otherwise orders under subsection (4) of this Section, may direct
that child support payments be made either to the clerk of the court or
to the Department of Healthcare and Family Services.

(4) In a dissolution of marriage action or supplementary proceedings
involving maintenance or child support payments, or both, to persons who
are recipients of aid under the Illinois Public Aid Code, the court
shall direct that such payments be made to (a) the Department
of Healthcare and Family Services if the persons are recipients under Articles III, IV, or V
of the Code, or (b) the local governmental unit responsible for their
support if they are recipients under Articles VI or VII of the Code.
In accordance with federal law and regulations, the Department of Healthcare and Family Services may continue to collect current maintenance payments or child
support payments, or both, after those persons cease to receive public
assistance and until termination of services under Article X of the Illinois
Public Aid Code.  The Department of Healthcare and Family Services shall pay the net
amount collected to those persons after deducting any costs incurred in making
the collection or any collection fee from the amount of any recovery made.  The order shall permit the Department
of Healthcare and Family Services or the local governmental unit, as the case may be, to direct
that payments be made directly to the former spouse, the
children, or both, or to some person or agency in their behalf, upon
removal of the former spouse or children from the public aid rolls or upon
termination of services under Article X of the Illinois Public Aid Code; and upon such direction, the
 Department or local governmental unit, as the case requires, shall
give notice of such action to the court in writing or by
electronic
transmission.

(5) All clerks of the court and the Court Service Division of a
County Department of Public Aid and, after the effective date of this
Act, all clerks of the court and the 
						Department of Healthcare and Family Services,
receiving child support payments under subsections (2) and (3) of this
Section shall disburse the payments to the person or persons entitled
thereto under the terms of the order or judgment.  They shall establish
and maintain current records of all moneys received and disbursed and of
defaults and delinquencies in required payments. The court, by order or
rule, shall make provision for the carrying out of these duties.

Payments under this Section to the Department of Healthcare and Family Services
						
pursuant to the Child Support Enforcement Program established by Title IV-D
of the Social Security Act shall be paid into the Child Support Enforcement
Trust Fund. All payments under this Section to the Illinois Department
of Human Services shall be deposited in the DHS
Recoveries Trust Fund. Disbursements from these funds shall be as provided in
the Illinois Public Aid Code. Payments received by a local governmental unit
shall be deposited in that unit's General Assistance Fund.
Any order of court directing payment of child support to a clerk of
court or the Court Service Division of a County Department of Public
Aid, which order has been entered on or after August 14, 1961, and prior
to the effective date of this Act, may be amended by the court in line
with this Act; and orders involving payments of maintenance or child
support to recipients of public aid may in like manner be amended to
conform to this Act.

(6) No filing fee or costs will be required in any action brought at
the request of the Department of Healthcare and Family Services in any proceeding
under this Act.  However, any such fees or costs may be assessed by the
court against the respondent in the court's order of support or any
modification thereof in a proceeding under this Act.

(7) For those cases in which child support is payable to the clerk of
the circuit court for transmittal to the Department of Healthcare and Family Services (formerly
						Illinois Department of Public Aid)
by order of court or upon notification by the Department of Healthcare and Family Services (formerly Illinois Department of Public
Aid), the clerk shall transmit all such payments, within 4
working days of receipt, to insure that funds are available for immediate
distribution by the Department to the person or entity entitled thereto in
accordance with standards of the Child Support Enforcement Program
established under Title IV-D of the Social Security Act.  The clerk shall
notify the Department of the date of receipt and amount thereof at the time
of transmittal.  Where the clerk has entered into an
agreement of cooperation with the Department to record the terms of
child support orders and payments made thereunder directly into the
Department's automated data processing system, the clerk shall account for,
transmit and otherwise distribute child support payments in accordance with
such agreement in lieu of the requirements contained herein.

In any action filed in a county with a population of 1,000,000 or less,
the court shall assess against the respondent in any order of maintenance
or child support any sum up to $36 annually authorized by ordinance of the
county board to be collected by the clerk of the court as costs for
administering the collection and disbursement of maintenance and child
support payments.  Such sum shall be in addition to  and separate from
amounts ordered to be paid as maintenance or child support.

(8) To the extent the provisions of this Section are inconsistent with the
requirements pertaining to the State Disbursement Unit under Section 507.1 of
this Act and Section 10-26 of the Illinois Public Aid Code, the requirements
pertaining to the State Disbursement Unit shall apply.

(Source: P.A. 94-88, eff. 1-1-06; 95-331, eff. 8-21-07.)