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90_HB2050eng
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Amends the Attorney General Act, the Public Aid Code, the
Marriage and Dissolution of Marriage Act, the Non-Support of
Spouse and Children Act, the Revised Uniform Reciprocal
Enforcement of Support Act, the Uniform Interstate Family
Support Act, the Expedited Child Support Act of 1990, and the
Illinois Parentage Act of 1984. Transfers child support
collection functions from the Department of Public Aid to the
Attorney General. Effective immediately.
LRB9004624DJbd
HB2050 Engrossed LRB9004624DJbd
1 AN ACT to amend the Illinois Public Aid Code by changing
2 Section 10-1.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Public Aid Code is amended by
6 changing Section 10-1 as follows:
7 (305 ILCS 5/10-1) (from Ch. 23, par. 10-1)
8 Sec. 10-1. Declaration of public policy; persons
9 eligible for child and spouse support services; fees for
10 non-applicants and non-recipients.) It is the intent of this
11 Code that the financial aid and social welfare services
12 herein provided in this Code supplement rather than supplant
13 the primary and continuing obligation of the family unit for
14 self-support to the fullest extent permitted by the resources
15 available to it. This primary and continuing obligation
16 applies whether the family unit of parents and children or of
17 husband and wife remains intact and resides in a common
18 household or whether the unit has been broken by absence of
19 one or more members of the unit. The obligation of the
20 family unit is particularly applicable when a member is in
21 necessitous circumstances and lacks the means of a livelihood
22 compatible with health and well-being.
23 It is the purpose of this Article to provide for locating
24 an absent parent or spouse, for determining his or her
25 financial circumstances, and for enforcing his or her legal
26 obligation of support, if he or she is able to furnish
27 support, in whole or in part. The Illinois Department of
28 Public Aid shall give priority to establishing, enforcing and
29 collecting the current support obligation, and then to past
30 due support owed to the family unit, except with respect to
31 collections effected through the intercept programs provided
HB2050 Engrossed -2- LRB9004624DJbd
1 for in this Article.
2 The child and spouse support services provided under this
3 Article hereunder shall be furnished dependents of an absent
4 parent or spouse who are applicants for or recipients of
5 financial aid under this Code. It is not, however, a
6 condition of eligibility for financial aid that there be no
7 responsible relatives who are reasonably able to provide
8 support. Nor, except as provided in Sections 4-1.7 and 10-8,
9 shall the existence of those such relatives or their payment
10 of support contributions disqualify a needy person for
11 financial aid.
12 By accepting financial aid under this Code, a spouse or a
13 parent or other person having custody of a child shall be
14 deemed to have made assignment to the Illinois Department for
15 aid under Articles III, IV, V and VII or to a local
16 governmental unit for aid under Article VI of any and all
17 rights, title, and interest in any support obligation up to
18 the amount of financial aid provided. The rights to support
19 assigned to the Illinois Department of Public Aid or local
20 governmental unit shall constitute an obligation owed the
21 State or local governmental unit by the person who is
22 responsible for providing the support, and shall be
23 collectible under all applicable processes.
24 At the discretion of the Illinois Department of Public
25 Aid, the child and spouse support services established under
26 this Article may also be furnished in behalf of spouses and
27 dependent children who are not applicants for or recipients
28 of financial aid under this Code. The Department may limit
29 eligibility of these persons to designated income classes.
30 If non-applicants and non-recipients are included, the
31 Department may establish a schedule of reasonable fees, to be
32 paid for the services provided and may deduct a collection
33 fee, not to exceed 10% of the amount collected, from the such
34 collection. The Illinois Department of Public Aid shall cause
HB2050 Engrossed -3- LRB9004624DJbd
1 to be published and distributed publications reasonably
2 calculated to inform the public that individuals who are not
3 recipients of or applicants for public aid under this Code
4 are eligible for the child and spouse support services under
5 this Article X. The Such publications shall set forth an
6 explanation, in plain language, that the child and spouse
7 support services program is independent of any public aid
8 program under the Code and that the receiving of child and
9 spouse support service in no way implies that the person
10 receiving the such service is receiving public aid.
11 (Source: P.A. 85-597.)