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Public Act 92-0590
SB2224 Enrolled LRB9211345DJgc
AN ACT in relation to child support.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 2. The Children and Family Services Act is
amended by changing Section 9.1 as follows:
(20 ILCS 505/9.1) (from Ch. 23, par. 5009.1)
Sec. 9.1. The parents or guardians of the estates of
children accepted for care and training under the Juvenile
Court Act or the Juvenile Court Act of 1987, or through a
voluntary placement agreement with the parents or guardians
shall be liable for the payment to the Department, or to a
licensed or approved child care facility designated by the
Department of sums representing charges for the care and
training of those children at a rate to be determined by the
Department. The Department shall establish a standard by
which shall be measured the ability of parents or guardians
to pay for the care and training of their children, and shall
implement the standard by rules governing its application.
The standard and the rules shall take into account ability to
pay as measured by annual income and family size. Medical or
other treatment provided on behalf of the family may also be
taken into account in determining ability to pay if the
Department concludes that such treatment is appropriate.
In addition, the Department may provide by rule for
referral of Title IV-E foster care maintenance cases to the
Department of Public Aid for child support enforcement
services under Title IV-D of the Social Security Act. The
Department shall consider "good cause" as defined in
regulations promulgated under Title IV-A of the Social
Security Act, among other criteria, when determining whether
to refer a case and, upon referral, the parent or guardian of
the estate of a child who is receiving Title IV-E foster care
maintenance payments shall be deemed to have made an
assignment to the Department of any and all rights, title and
interest in any support obligation on behalf of a child. The
rights to support assigned to the Department shall constitute
an obligation owed the State by the person who is responsible
for providing the support, and shall be collectible under all
applicable processes.
The acceptance of children for services or care shall not
be limited or conditioned in any manner on the financial
status or ability of parents or guardians to make such
payments.
(Source: P.A. 85-1209; 86-1311.)
Section 5. The Illinois Public Aid Code is amended by
changing Sections 9-6, 10-1, 10-3, 10-3.1, 10-4, 10-7, 10-8,
10-8.1, 10-10, 10-10.1, 10-10.4, 10-11, 10-11.1, 10-12.1,
10-13, 10-14, 10-14.1, 10-15, 10-17.2, 10-17.7, 10-26, and
12-8 as follows:
(305 ILCS 5/9-6) (from Ch. 23, par. 9-6)
Sec. 9-6. Job Search, Training and Work Programs. The
Illinois Department and local governmental units shall
initiate, promote and develop job search, training and work
programs which will provide employment for and contribute to
the training and experience of persons receiving aid under
Articles III, V, and VI.
The job search, training and work programs shall be
designed to preserve and improve the work habits and skills
of recipients for whom jobs are not otherwise immediately
available and to provide training and experience for
recipients who lack the skills required for such employment
opportunities as are or may become available. The Illinois
Department and local governmental unit shall determine by
rule those classes of recipients who shall be subject to
participation in such programs. If made subject to
participation, every applicant for or recipient of public aid
who is determined to be "able to engage in employment", as
defined by the Department or local governmental unit pursuant
to rules and regulations, for whom unsubsidized jobs are not
otherwise immediately available shall be required to
participate in any program established under this Section.
The Illinois Department shall establish with the Director
of Central Management Services an outreach and training
program designed to encourage and assist recipients
participating in job search, training and work programs to
participate in open competitive examinations for trainee and
other entry level positions to maximize opportunities for
placement on open competitive eligible listings and referral
to State agencies for employment consideration.
The Department shall provide payment for transportation,
day-care and Workers' Compensation costs which occur for
recipients as a result of participating in job search,
training and work programs as described in this Section. The
Department may decline to initiate such programs in areas
where eligible recipients would be so few in number as to not
economically justify such programs; and in this event the
Department shall not require persons in such areas to
participate in any job search, training, or work programs
whatsoever as a condition of their continued receipt of, or
application for, aid.
The programs may include, but shall not be limited to,
service in child care centers, in preschool programs as
teacher aides and in public health programs as home visitors
and health aides; the maintenance of or services required in
connection with public offices, buildings and grounds; state,
county and municipal hospitals, forest preserves, parks,
playgrounds, streets and highways, and other governmental
maintenance or construction directed toward environmental
improvement; and similar facilities.
The Illinois Department or local governmental units may
enter into agreements with local taxing bodies and private
not-for-profit organizations, agencies and institutions to
provide for the supervision and administration of job search,
work and training projects authorized by this Section. Such
agreements shall stipulate the requirements for utilization
of recipients in such projects. In addition to any other
requirements dealing with the administration of these
programs, the Department shall assure, pursuant to rules and
regulations, that:
(a) Recipients may not displace regular employees.
(b) The maximum number of hours of mandatory work
is 8 hours per day and 40 hours per week, not to exceed
120 hours per month.
(c) The maximum number of hours per month shall be
determined by dividing the recipient's benefits by the
federal minimum wage, rounded to the lowest full hour.
"Recipient's benefits" in this subsection includes: (i)
both cash assistance and food stamps provided to the
entire assistance unit or household by the Illinois
Department where the job search, work and training
program is administered by the Illinois Department and,
where federal programs are involved, includes all such
cash assistance and food stamps provided to the greatest
extent allowed by federal law; or (ii) includes only cash
assistance provided to the entire assistance unit by the
local governmental unit where the job search, work and
training program is administered by the local
governmental unit.
(d) The recipient shall be provided or compensated
for transportation to and from the work location.
(e) Appropriate terms regarding recipient
compensation are met.
Local taxing bodies and private not-for-profit
organizations, agencies and institutions which utilize
recipients in job search, work and training projects
authorized by this Section are urged to include such
recipients in the formulation of their employment policies.
Unless directly paid by an employing local taxing body or
not-for-profit agency, a recipient participating in a work
project who meets all requirements set forth by the Illinois
Department shall receive credit towards his or her monthly
assistance benefits for work performed based upon the
applicable minimum wage rate. Where a recipient is paid
directly by an employing agency, the Illinois Department or
local governmental unit shall provide for payment to such
employing entity the appropriate amount of assistance
benefits to which the recipient would otherwise be entitled
under this Code.
The Illinois Department or its designee, including local
governmental units, may enter into agreements with the
agencies or institutions providing work under programs
established hereunder for payment to each such employer
(hereinafter called "public service employer") of all or a
portion of the wages to be paid to persons for the work
performed and other appropriate costs.
If the number of persons receiving aid under Article VI
is insufficient to justify the establishment of job search,
training and work programs on a local basis by a local
governmental unit, or if for other good cause the
establishment of a local program is impractical or
unwarranted, the local governmental unit shall cooperate with
other local governmental units, with civic and non-profit
community agencies, and with the Illinois Department in
developing a program or programs which will jointly serve the
participating governmental units and agencies.
A local governmental unit receiving State funds shall
refer all recipients able to engage in employment to such job
search, training and work programs as are established,
whether within or without the governmental unit, and as are
accessible to persons receiving aid from the governmental
unit. The Illinois Department shall withhold allocation of
state funds to any governmental unit which fails or refuses
to make such referrals.
Participants in job search, training and work programs
shall be required to maintain current registration for
regular employment under Section 11-10 and to accept any bona
fide offer of regular employment. They shall likewise be
required to accept education, work and training opportunities
available to them under other provisions of this Code or
Federal law. The Illinois Department or local governmental
unit shall provide by rule for periodic review of the
circumstances of each participant to determine the
feasibility of his placement in regular employment or other
work, education and training opportunities.
Moneys made available for public aid purposes under
Articles IV and VI may be expended to pay public service
employers all or a portion of the wages of public service
employees and other appropriate costs, to provide necessary
supervisory personnel and equipment, to purchase Workers'
Compensation Insurance or to pay Workers' Compensation
claims, and to provide transportation to and from work sites.
The Department shall provide through rules and
regulations for sanctions against applicants and recipients
of aid under this Code who fail to cooperate with the
regulations and requirements established pursuant to this
Section. Such sanctions may include the loss of eligibility
to receive aid under Article VI of this Code for up to 3
months.
The Department, in cooperation with a local governmental
unit, may maintain a roster of persons who are required to
participate in a local job search, training and work program.
In such cases, the roster shall be available for inspection
by employers for the selection of possible workers.
In addition to the programs authorized by this Section,
the Illinois Department is authorized to administer any job
search, training or work projects in conjunction with the
Federal Food Stamp Program, either under this Section or
under other regulations required by the Federal government.
The Illinois Department may also administer pilot
programs to provide job search, training and work programs to
unemployed parents of children receiving child support
enforcement services under Article X of this Code.
(Source: P.A. 92-111, eff. 1-1-02.)
(305 ILCS 5/10-1) (from Ch. 23, par. 10-1)
Sec. 10-1. Declaration of Public Policy - Persons
Eligible for Child and Spouse Support Enforcement Services -
Fees for Non-Applicants and Non-Recipients.) It is the intent
of this Code that the financial aid and social welfare
services herein provided supplement rather than supplant the
primary and continuing obligation of the family unit for
self-support to the fullest extent permitted by the resources
available to it. This primary and continuing obligation
applies whether the family unit of parents and children or of
husband and wife remains intact and resides in a common
household or whether the unit has been broken by absence of
one or more members of the unit. The obligation of the
family unit is particularly applicable when a member is in
necessitous circumstances and lacks the means of a livelihood
compatible with health and well-being.
It is the purpose of this Article to provide for locating
an absent parent or spouse, for determining his financial
circumstances, and for enforcing his legal obligation of
support, if he is able to furnish support, in whole or in
part. The Illinois Department of Public Aid shall give
priority to establishing, enforcing and collecting the
current support obligation, and then to past due support owed
to the family unit, except with respect to collections
effected through the intercept programs provided for in this
Article.
The child and spouse support enforcement services
provided hereunder shall be furnished dependents of an absent
parent or spouse who are applicants for or recipients of
financial aid under this Code. It is not, however, a
condition of eligibility for financial aid that there be no
responsible relatives who are reasonably able to provide
support. Nor, except as provided in Sections 4-1.7 and 10-8,
shall the existence of such relatives or their payment of
support contributions disqualify a needy person for financial
aid.
By accepting financial aid under this Code, a spouse or a
parent or other person having custody of a child shall be
deemed to have made assignment to the Illinois Department for
aid under Articles III, IV, V and VII or to a local
governmental unit for aid under Article VI of any and all
rights, title, and interest in any support obligation up to
the amount of financial aid provided. The rights to support
assigned to the Illinois Department of Public Aid or local
governmental unit shall constitute an obligation owed the
State or local governmental unit by the person who is
responsible for providing the support, and shall be
collectible under all applicable processes.
The Illinois Department of Public Aid shall also furnish
the child and spouse support enforcement services established
under this Article in behalf of persons who are not
applicants for or recipients of financial aid under this Code
in accordance with the requirements of Title IV, Part D of
the Social Security Act. The Department may establish a
schedule of reasonable fees, to be paid for the services
provided and may deduct a collection fee, not to exceed 10%
of the amount collected, from such collection. The Illinois
Department of Public Aid shall cause to be published and
distributed publications reasonably calculated to inform the
public that individuals who are not recipients of or
applicants for public aid under this Code are eligible for
the child and spouse support enforcement services under this
Article X. Such publications shall set forth an explanation,
in plain language, that the child and spouse support
enforcement services program is independent of any public aid
program under the Code and that the receiving of child and
spouse support enforcement services service in no way implies
that the person receiving such services service is receiving
public aid.
(Source: P.A. 90-18, eff. 7-1-97.)
(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 and spouse 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 administration 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 and spouse support
enforcement services of this Article as provided by Section
10-1.
(Source: P.A. 86-649; revised 12-13-01.)
(305 ILCS 5/10-3.1) (from Ch. 23, par. 10-3.1)
Sec. 10-3.1. Child and Spouse Support Unit. The
Illinois Department shall establish within its administrative
staff a Child and Spouse Support Unit to search for and
locate absent parents and spouses liable for the support of
persons resident in this State and to exercise the support
enforcement powers and responsibilities assigned the
Department by this Article. The unit shall cooperate with
all law enforcement officials in this State and with the
authorities of other States in locating persons responsible
for the support of persons resident in other States and shall
invite the cooperation of these authorities in the
performance of its duties.
In addition to other duties assigned the Child and Spouse
Support Unit by this Article, the Unit may refer to the
Attorney General or units of local government with the
approval of the Attorney General, any actions under Sections
10-10 and 10-15 for judicial enforcement of the support
liability. The Child and Spouse Support Unit shall act for
the Department in referring to the Attorney General support
matters requiring judicial enforcement under other laws. If
requested by the Attorney General to so act, as provided in
Section 12-16, attorneys of the Unit may assist the Attorney
General or themselves institute actions in behalf of the
Illinois Department under the Revised Uniform Reciprocal
Enforcement of Support Act; under the Illinois Parentage Act
of 1984; under the Non-Support of Spouse and Children Act;
under the Non-Support Punishment Act; or under any other law,
State or Federal, providing for support of a spouse or
dependent child.
The Illinois Department shall also have the authority to
enter into agreements with local governmental units or
individuals, with the approval of the Attorney General, for
the collection of moneys owing because of the failure of a
parent to make child support payments for any child receiving
services under this Article. Such agreements may be on a
contingent fee basis, but such contingent fee shall not
exceed 25% of the total amount collected.
An attorney who provides representation pursuant to this
Section shall represent the Illinois Department exclusively.
Regardless of the designation of the plaintiff in an action
brought pursuant to this Section, an attorney-client
relationship does not exist for purposes of that action
between that attorney and (i) an applicant for or recipient
of child and spouse support enforcement services or (ii) any
other party to the action other than the Illinois Department.
Nothing in this Section shall be construed to modify any
power or duty (including a duty to maintain confidentiality)
of the Child and Spouse Support Unit or the Illinois
Department otherwise provided by law.
The Illinois Department may also enter into agreements
with local governmental units for the Child and Spouse
Support Unit to exercise the investigative and enforcement
powers designated in this Article, including the issuance of
administrative orders under Section 10-11, in locating
responsible relatives and obtaining support for persons
applying for or receiving aid under Article VI. Payments for
defrayment of administrative costs and support payments
obtained shall be deposited into the DHS Recoveries Trust
Fund. Support payments shall be paid over to the General
Assistance Fund of the local governmental unit at such time
or times as the agreement may specify.
With respect to those cases in which it has support
enforcement powers and responsibilities under this Article,
the Illinois Department may provide by rule for periodic or
other review of each administrative and court order for
support to determine whether a modification of the order
should be sought. The Illinois Department shall provide for
and conduct such review in accordance with any applicable
federal law and regulation.
As part of its process for review of orders for support,
the Illinois Department, through written notice, may require
the responsible relative to disclose his or her Social
Security Number and past and present information concerning
the relative's address, employment, gross wages, deductions
from gross wages, net wages, bonuses, commissions, number of
dependent exemptions claimed, individual and dependent health
insurance coverage, and any other information necessary to
determine the relative's ability to provide support in a case
receiving child and spouse support enforcement services under
this Article X.
The Illinois Department may send a written request for
the same information to the relative's employer. The
employer shall respond to the request for information within
15 days after the date the employer receives the request. If
the employer willfully fails to fully respond within the
15-day period, the employer shall pay a penalty of $100 for
each day that the response is not provided to the Illinois
Department after the 15-day period has expired. The penalty
may be collected in a civil action which may be brought
against the employer in favor of the Illinois Department.
A written request for information sent to an employer
pursuant to this Section shall consist of (i) a citation of
this Section as the statutory authority for the request and
for the employer's obligation to provide the requested
information, (ii) a returnable form setting forth the
employer's name and address and listing the name of the
employee with respect to whom information is requested, and
(iii) a citation of this Section as the statutory authority
authorizing the employer to withhold a fee of up to $20 from
the wages or income to be paid to each responsible relative
for providing the information to the Illinois Department
within the 15-day period. If the employer is withholding
support payments from the responsible relative's income
pursuant to an order for withholding, the employer may
withhold the fee provided for in this Section only after
withholding support as required under the order. Any amounts
withheld from the responsible relative's income for payment
of support and the fee provided for in this Section shall not
be in excess of the amounts permitted under the federal
Consumer Credit Protection Act.
In a case receiving child and spouse support enforcement
services, the Illinois Department may request and obtain
information from a particular employer under this Section no
more than once in any 12-month period, unless the information
is necessary to conduct a review of a court or administrative
order for support at the request of the person receiving
child and spouse support enforcement services.
The Illinois Department shall establish and maintain an
administrative unit to receive and transmit to the Child and
Spouse Support Unit information supplied by persons applying
for or receiving child and spouse support enforcement
services under Section 10-1. In addition, the Illinois
Department shall address and respond to any alleged
deficiencies that persons receiving or applying for services
from the Child and Spouse Support Unit may identify
concerning the Child and Spouse Support Unit's provision of
child and spouse support enforcement services. Within 60 days
after an action or failure to act by the Child and Spouse
Support Unit that affects his or her case, a recipient of or
applicant for child and spouse support enforcement services
under Article X of this Code may request an explanation of
the Unit's handling of the case. At the requestor's option,
the explanation may be provided either orally in an
interview, in writing, or both. If the Illinois Department
fails to respond to the request for an explanation or fails
to respond in a manner satisfactory to the applicant or
recipient within 30 days from the date of the request for an
explanation, the applicant or recipient may request a
conference for further review of the matter by the Office of
the Administrator of the Child and Spouse Support Unit. A
request for a conference may be submitted at any time within
60 days after the explanation has been provided by the Child
and Spouse Support Unit or within 60 days after the time for
providing the explanation has expired.
The applicant or recipient may request a conference
concerning any decision denying or terminating child or
spouse support enforcement services under Article X of this
Code, and the applicant or recipient may also request a
conference concerning the Unit's failure to provide services
or the provision of services in an amount or manner that is
considered inadequate. For purposes of this Section, the
Child and Spouse Support Unit includes all local governmental
units or individuals with whom the Illinois Department has
contracted under Section 10-3.1.
Upon receipt of a timely request for a conference, the
Office of the Administrator shall review the case. The
applicant or recipient requesting the conference shall be
entitled, at his or her option, to appear in person or to
participate in the conference by telephone. The applicant or
recipient requesting the conference shall be entitled to be
represented and to be afforded a reasonable opportunity to
review the Illinois Department's file before or at the
conference. At the conference, the applicant or recipient
requesting the conference shall be afforded an opportunity to
present all relevant matters in support of his or her claim.
Conferences shall be without cost to the applicant or
recipient requesting the conference and shall be conducted by
a representative of the Child or Spouse Support Unit who did
not participate in the action or inaction being reviewed.
The Office of the Administrator shall conduct a
conference and inform all interested parties, in writing, of
the results of the conference within 60 days from the date of
filing of the request for a conference.
In addition to its other powers and responsibilities
established by this Article, the Child and Spouse Support
Unit shall conduct an annual assessment of each institution's
program for institution based paternity establishment under
Section 12 of the Vital Records Act.
(Source: P.A. 91-24, eff. 7-1-99; 91-613, eff. 10-1-99;
92-16, eff. 6-28-01.)
(305 ILCS 5/10-4) (from Ch. 23, par. 10-4)
Sec. 10-4. Notification of Support Obligation. The
administrative enforcement unit within the authorized area of
its operation shall notify each responsible relative of an
applicant or recipient, or responsible relatives of other
persons given access to the child support enforcement
services of this Article, of his legal obligation to support
and shall request such information concerning his financial
status as may be necessary to determine whether he is
financially able to provide such support, in whole or in
part. In cases involving a child born out of wedlock, the
notification shall include a statement that the responsible
relative has been named as the biological father of the child
identified in the notification.
In the case of applicants, the notification shall be sent
as soon as practical after the filing of the application. In
the case of recipients, the notice shall be sent at such time
as may be established by rule of the Illinois Department.
The notice shall be accompanied by the forms or
questionnaires provided in Section 10-5. It shall inform the
relative that he may be liable for reimbursement of any
support furnished from public aid funds prior to
determination of the relative's financial circumstances, as
well as for future support. In the alternative, when support
is sought on behalf of applicants for or recipients of
financial aid under Article IV of this Code and other persons
who are given access to the child and spouse support
enforcement services of this Article as provided in Section
10-1, the notice shall inform the relative that the relative
may be required to pay support for a period before the date
an administrative support order is entered, as well as future
support.
Neither the mailing nor receipt of such notice shall be
deemed a jurisdictional requirement for the subsequent
exercise of the investigative procedures undertaken by an
administrative enforcement unit or the entry of any order or
determination of paternity or support or reimbursement by the
administrative enforcement unit; except that notice shall be
served by certified mail addressed to the responsible
relative at his or her last known address, return receipt
requested, or by any method provided by law for service of
summons, in cases where a determination of paternity or
support by default is sought 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 and spouse
support enforcement services of this Article as provided in
Section 10-1.
(Source: P.A. 88-687, eff. 1-24-95.)
(305 ILCS 5/10-7) (from Ch. 23, par. 10-7)
Sec. 10-7. Notice of support due.
(a) When an administrative enforcement unit has
determined that a responsible relative is financially able to
contribute to the support of an applicant or recipient, the
responsible relative shall be notified by mailing him a copy
of the determination by United States registered or certified
mail, advising him of his legal obligation to make support
payments for such period or periods of time, definite in
duration or indefinite, as the circumstances require. The
notice shall direct payment as provided in Section 10-8.
Where applicable, the determination and notice may include a
demand for reimbursement for emergency aid granted an
applicant or recipient during the period between the
application and determination of the relative's obligation
for support and for aid granted during any subsequent period
the responsible relative was financially able to provide
support but failed or refused to do so.
(b) In the alternative, when support is sought 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 and spouse support enforcement services of this
Article as provided in Section 10-1, the administrative
enforcement unit shall not be required to send the notice and
may enter an administrative order immediately under the
provisions of Section 10-11. The order shall be based upon
the determination made under the provisions of Section 10-6
or, in instances of default, upon the needs of the persons
for whom support is sought. In addition to requiring payment
of future support, the administrative order may require
payment of support for a period before the date the order is
entered. The amount of support to be paid for the prior
period shall be determined under the guidelines established
by the Illinois Department pursuant to Section 10-3. The
order shall direct payment as provided in Section 10-10.
(Source: P.A. 88-687, eff. 1-24-95.)
(305 ILCS 5/10-8) (from Ch. 23, par. 10-8)
Sec. 10-8. Support Payments - Partial Support - Full
Support. The notice to responsible relatives issued pursuant
to Section 10-7 shall direct payment (a) to the Illinois
Department in cases of applicants and recipients under
Articles III, IV, V and VII, (b) except as provided in
Section 10-3.1, to the local governmental unit in the case of
applicants and recipients under Article VI, and (c) to the
Illinois Department in cases of non-applicants and
non-recipients given access to the child and spouse support
enforcement services of this Article, as provided by Section
10-1. However, if the support payments by responsible
relatives are sufficient to meet needs of a recipient in
full, including current and anticipated medical needs, and
the Illinois Department or the local governmental unit, as
the case may be, has reasonable grounds to believe that such
needs will continue to be provided in full by the responsible
relatives, the relatives may be directed to make subsequent
support payments to the needy person or to some person or
agency in his behalf and the recipient shall be removed from
the rolls. In such instance the recipient also shall be
notified by registered or certified mail of the action taken.
If a recipient removed from the rolls requests the Illinois
Department to continue to collect the support payments in his
behalf, the Department, at its option, may do so and pay
amounts so collected to the person. The Department may
provide for deducting any costs incurred by it in making the
collection from the amount of any recovery made and pay only
the net amount to the person.
Payments under this Section to the Illinois Department
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
Sections 12-9.1 and 12-10.2 of this Code. Payments received
by a local governmental unit shall be deposited in that
unit's General Assistance Fund.
To the extent the provisions of this Section are
inconsistent with the requirements pertaining to the State
Disbursement Unit under Sections 10-10.4 and 10-26 of this
Code, the requirements pertaining to the State Disbursement
Unit shall apply.
(Source: P.A. 91-24, eff. 7-1-99; 91-212, eff. 7-20-99;
92-16, eff. 6-28-01.)
(305 ILCS 5/10-8.1)
Sec. 10-8.1. Temporary order for child support.
Notwithstanding any other law to the contrary, pending the
outcome of an administrative determination of parentage, the
Illinois Department shall issue a temporary order for child
support, upon motion by a party and a showing of clear and
convincing evidence of paternity. In determining the amount
of the temporary child support award, the Illinois Department
shall use the guidelines and standards set forth in
subsection (a) of Section 505 and in Section 505.2 of the
Illinois Marriage and Dissolution of Marriage Act.
Any new or existing support order entered by the Illinois
Department under this Section shall be deemed to be a series
of judgments against the person obligated to pay support
thereunder, each such judgment to be in the amount of each
payment or installment of support and each judgment to be
deemed entered as of the date the corresponding payment or
installment becomes due under the terms of the support order.
Each such judgment shall have the full force, effect, and
attributes of any other judgment of this State, including the
ability to be enforced. Any such judgment is subject to
modification or termination only in accordance with Section
510 of the Illinois Marriage and Dissolution of Marriage Act.
A lien arises by operation of law against the real and
personal property of the noncustodial parent for each
installment of overdue support owed by the noncustodial
parent.
All orders for support entered or modified in a case in
which a party is receiving child and spouse support
enforcement services under this Article X shall include a
provision requiring the non-custodial parent to notify the
Illinois Department, within 7 days, (i) of the name, address,
and telephone number of any new employer of the non-custodial
parent, (ii) whether the non-custodial parent has access to
health insurance coverage through the employer or other group
coverage, and, if so, the policy name and number and the
names of persons covered under the policy, and (iii) of any
new residential or mailing address or telephone number of the
non-custodial parent.
In any subsequent action to enforce a support order, upon
sufficient showing that diligent effort has been made to
ascertain the location of the non-custodial parent, service
of process or provision of notice necessary in that action
may be made at the last known address of the non-custodial
parent, in any manner expressly provided by the Code of Civil
Procedure or this Act, which service shall be sufficient for
purposes of due process.
An order for support shall include a date on which the
current support obligation terminates. The termination date
shall be no earlier than the date on which the child covered
by the order will attain the age of majority or is otherwise
emancipated. The order for support shall state that the
termination date does not apply to any arrearage that may
remain unpaid on that date. Nothing in this paragraph shall
be construed to prevent the Illinois Department from
modifying the order.
(Source: P.A. 90-18, eff. 7-1-97.)
(305 ILCS 5/10-10) (from Ch. 23, par. 10-10)
Sec. 10-10. Court enforcement; applicability also to
persons who are not applicants or recipients. Except where
the Illinois Department, by agreement, acts for the local
governmental unit, as provided in Section 10-3.1, local
governmental units shall refer to the State's Attorney or to
the proper legal representative of the governmental unit, for
judicial enforcement as herein provided, instances of
non-support or insufficient support when the dependents are
applicants or recipients under Article VI. The Child and
Spouse Support Unit established by Section 10-3.1 may
institute in behalf of the Illinois Department any actions
under this Section for judicial enforcement of the support
liability when the dependents are (a) applicants or
recipients under Articles III, IV, V or VII; (b) applicants
or recipients in a local governmental unit when the Illinois
Department, by agreement, acts for the unit; or (c)
non-applicants or non-recipients who are receiving child
support enforcement services under this Article X, as
provided in Section 10-1. Where the Child and Spouse Support
Unit has exercised its option and discretion not to apply the
provisions of Sections 10-3 through 10-8, the failure by the
Unit to apply such provisions shall not be a bar to bringing
an action under this Section.
Action shall be brought in the circuit court to obtain
support, or for the recovery of aid granted during the period
such support was not provided, or both for the obtainment of
support and the recovery of the aid provided. Actions for
the recovery of aid may be taken separately or they may be
consolidated with actions to obtain support. Such actions
may be brought in the name of the person or persons requiring
support, or may be brought in the name of the Illinois
Department or the local governmental unit, as the case
requires, in behalf of such persons.
The court may enter such orders for the payment of moneys
for the support of the person as may be just and equitable
and may direct payment thereof for such period or periods of
time as the circumstances require, including support for a
period before the date the order for support is entered. The
order may be entered against any or all of the defendant
responsible relatives and may be based upon the proportionate
ability of each to contribute to the person's support.
The Court shall determine the amount of child support
(including child support for a period before the date the
order for child support is entered) by using the guidelines
and standards set forth in subsection (a) of Section 505 and
in Section 505.2 of the Illinois Marriage and Dissolution of
Marriage Act. For purposes of determining the amount of child
support to be paid for a period before the date the order for
child support is entered, there is a rebuttable presumption
that the responsible relative's net income for that period
was the same as his or her net income at the time the order
is entered.
If (i) the responsible relative was properly served with
a request for discovery of financial information relating to
the responsible relative's ability to provide child support,
(ii) the responsible relative failed to comply with the
request, despite having been ordered to do so by the court,
and (iii) the responsible relative is not present at the
hearing to determine support despite having received proper
notice, then any relevant financial information concerning
the responsible relative's ability to provide child support
that was obtained pursuant to subpoena and proper notice
shall be admitted into evidence without the need to establish
any further foundation for its admission.
An order entered under this Section shall include a
provision requiring the obligor to report to the obligee and
to the clerk of court within 10 days each time the obligor
obtains new employment, and each time the obligor's
employment is terminated for any reason. The report shall be
in writing and shall, in the case of new employment, include
the name and address of the new employer. Failure to report
new employment or the termination of current employment, if
coupled with nonpayment of support for a period in excess of
60 days, is indirect criminal contempt. For any obligor
arrested for failure to report new employment bond shall be
set in the amount of the child support that should have been
paid during the period of unreported employment. An order
entered under this Section shall also include a provision
requiring the obligor and obligee parents to advise each
other of a change in residence within 5 days of the change
except when the court finds that the physical, mental, or
emotional health of a party or that of a minor child, or
both, would be seriously endangered by disclosure of the
party's address.
The Court shall determine the amount of maintenance using
the standards set forth in Section 504 of the Illinois
Marriage and Dissolution of Marriage Act.
Any new or existing support order entered by the court
under this Section shall be deemed to be a series of
judgments against the person obligated to pay support
thereunder, each such judgment to be in the amount of each
payment or installment of support and each such judgment to
be deemed entered as of the date the corresponding payment or
installment becomes due under the terms of the support order.
Each such judgment shall have the full force, effect and
attributes of any other judgment of this State, including the
ability to be enforced. Any such judgment is subject to
modification or termination only in accordance with Section
510 of the Illinois Marriage and Dissolution of Marriage Act.
A lien arises by operation of law against the real and
personal property of the noncustodial parent for each
installment of overdue support owed by the noncustodial
parent.
When an order is entered for the support of a minor, the
court may provide therein for reasonable visitation of the
minor by the person or persons who provided support pursuant
to the order. Whoever willfully refuses to comply with such
visitation order or willfully interferes with its enforcement
may be declared in contempt of court and punished therefor.
Except where the local governmental unit has entered into
an agreement with the Illinois Department for the Child and
Spouse Support Unit to act for it, as provided in Section
10-3.1, support orders entered by the court in cases
involving applicants or recipients under Article VI shall
provide that payments thereunder be made directly to the
local governmental unit. Orders for the support of all other
applicants or recipients shall provide that payments
thereunder be made directly to the Illinois Department. In
accordance with federal law and regulations, the Illinois
Department 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. The Illinois
Department 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. In both cases the order shall permit the
local governmental unit or the Illinois Department, as the
case may be, to direct the responsible relative or relatives
to make support payments directly to the needy person, or to
some person or agency in his behalf, upon removal of the
person from the public aid rolls or upon termination of
services under Article X.
If the notice of support due issued pursuant to Section
10-7 directs that support payments be made directly to the
needy person, or to some person or agency in his behalf, and
the recipient is removed from the public aid rolls, court
action may be taken against the responsible relative
hereunder if he fails to furnish support in accordance with
the terms of such notice.
Actions may also be brought under this Section in behalf
of any person who is in need of support from responsible
relatives, as defined in Section 2-11 of Article II who is
not an applicant for or recipient of financial aid under this
Code. In such instances, the State's Attorney of the county
in which such person resides shall bring action against the
responsible relatives hereunder. If the Illinois Department,
as authorized by Section 10-1, extends the child support
enforcement services provided by this Article to spouses and
dependent children who are not applicants or recipients under
this Code, the Child and Spouse Support Unit established by
Section 10-3.1 shall bring action against the responsible
relatives hereunder and any support orders entered by the
court in such cases shall provide that payments thereunder be
made directly to the Illinois Department.
Whenever it is determined in a proceeding to establish or
enforce a child support or maintenance obligation that the
person owing a duty of support is unemployed, the court may
order the person to seek employment and report periodically
to the court with a diary, listing or other memorandum of his
or her efforts in accordance with such order. Additionally,
the court may order the unemployed person to report to the
Department of Employment Security for job search services or
to make application with the local Job Training Partnership
Act provider for participation in job search, training or
work programs and where the duty of support is owed to a
child receiving child support enforcement services under this
Article X, the court may order the unemployed person to
report to the Illinois Department for participation in job
search, training or work programs established under Section
9-6 and Article IXA of this Code.
Whenever it is determined that a person owes past-due
support for a child receiving assistance under this Code, the
court shall order at the request of the Illinois Department:
(1) that the person pay the past-due support in
accordance with a plan approved by the court; or
(2) if the person owing past-due support is
unemployed, is subject to such a plan, and is not
incapacitated, that the person participate in such job
search, training, or work programs established under
Section 9-6 and Article IXA of this Code as the court
deems appropriate.
A determination under this Section shall not be
administratively reviewable by the procedures specified in
Sections 10-12, and 10-13 to 10-13.10. Any determination
under these Sections, if made the basis of court action under
this Section, shall not affect the de novo judicial
determination required under this Section.
A one-time charge of 20% is imposable upon the amount of
past-due child support owed on July 1, 1988 which has accrued
under a support order entered by the court. The charge shall
be imposed in accordance with the provisions of Section 10-21
of this Code and shall be enforced by the court upon
petition.
All orders for support, when entered or modified, shall
include a provision requiring the non-custodial parent to
notify the court and, in cases in which a party is receiving
child and spouse support enforcement services under this
Article X, the Illinois Department, within 7 days, (i) of the
name, address, and telephone number of any new employer of
the non-custodial parent, (ii) whether the non-custodial
parent has access to health insurance coverage through the
employer or other group coverage and, if so, the policy name
and number and the names of persons covered under the policy,
and (iii) of any new residential or mailing address or
telephone number of the non-custodial parent. In any
subsequent action to enforce a support order, upon a
sufficient showing that a diligent effort has been made to
ascertain the location of the non-custodial parent, service
of process or provision of notice necessary in the case may
be made at the last known address of the non-custodial parent
in any manner expressly provided by the Code of Civil
Procedure or this Code, which service shall be sufficient for
purposes of due process.
An order for support shall include a date on which the
current support obligation terminates. The termination date
shall be no earlier than the date on which the child covered
by the order will attain the age of majority or is otherwise
emancipated. The order for support shall state that the
termination date does not apply to any arrearage that may
remain unpaid on that date. Nothing in this paragraph shall
be construed to prevent the court from modifying the order.
Upon notification in writing or by electronic
transmission from the Illinois Department to the clerk of the
court that a person who is receiving support payments under
this Section is receiving services under the Child Support
Enforcement Program established by Title IV-D of the Social
Security Act, any support payments subsequently received by
the clerk of the court shall be transmitted in accordance
with the instructions of the Illinois Department until the
Illinois Department gives notice to the clerk of the court to
cease the transmittal. After providing the notification
authorized under this paragraph, the Illinois Department
shall be entitled as a party to notice of any further
proceedings in the case. The clerk of the court shall file a
copy of the Illinois Department's notification in the court
file. The clerk's failure to file a copy of the notification
in the court file shall not, however, affect the Illinois
Department's right to receive notice of further proceedings.
Payments under this Section to the Illinois Department
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
Sections 12-9.1 and 12-10.2 of this Code. Payments received
by a local governmental unit shall be deposited in that
unit's General Assistance Fund.
To the extent the provisions of this Section are
inconsistent with the requirements pertaining to the State
Disbursement Unit under Sections 10-10.4 and 10-26 of this
Code, the requirements pertaining to the State Disbursement
Unit shall apply.
(Source: P.A. 91-24, eff. 7-1-99; 91-212, eff. 7-20-99;
91-357, eff. 7-29-99; 91-767, eff. 6-9-00; 92-16, eff.
6-28-01.)
(305 ILCS 5/10-10.1) (from Ch. 23, par. 10-10.1)
Sec. 10-10.1. Public Aid Collection Fee. In all cases
instituted by the Illinois Department on behalf of a child or
spouse, other than one receiving a grant of financial aid
under Article IV, on whose behalf an application has been
made and approved for child support enforcement services as
provided by Section 10-1, the court shall impose a collection
fee on the individual who owes a child or spouse support
obligation in an amount equal to 10% of the amount so owed as
long as such collection is required by federal law, which fee
shall be in addition to the support obligation. The
imposition of such fee shall be in accordance with provisions
of Title IV, Part D, of the Social Security Act and
regulations duly promulgated thereunder. The fee shall be
payable to the clerk of the circuit court for transmittal to
the Illinois Department and shall continue until child
support enforcement services are terminated by the
Department.
(Source: P.A. 82-979.)
(305 ILCS 5/10-10.4)
Sec. 10-10.4. Payment of Support to State Disbursement
Unit.
(a) As used in this Section:
"Order for support", "obligor", "obligee", and "payor"
mean those terms as defined in the Income Withholding for
Support Act, except that "order for support" shall not mean
orders providing for spousal maintenance under which there is
no child support obligation.
(b) Notwithstanding any other provision of this Code to
the contrary, each court or administrative order for support
entered or modified on or after October 1, 1999 shall require
that support payments be made to the State Disbursement Unit
established under Section 10-26 if:
(1) a party to the order is receiving child and
spouse support enforcement services under this Article X;
or
(2) no party to the order is receiving child and
spouse support enforcement services, but the support
payments are made through income withholding.
(c) Support payments shall be made to the State
Disbursement Unit if:
(1) the order for support was entered before
October 1, 1999, and a party to the order is receiving
child and spouse support enforcement services under this
Article X; or
(2) no party to the order is receiving child and
spouse support enforcement services, and the support
payments are being made through income withholding.
(c-5) If no party to the order is receiving child and
spouse support enforcement services under this Article X, and
the support payments are not being made through income
withholding, then support payments shall be made as directed
in the order for support.
(c-10) At any time, and notwithstanding the existence of
an order directing payments to be made elsewhere, the
Department of Public Aid may provide notice to the obligor
and, where applicable, to the obligor's payor:
(1) to make support payments to the State
Disbursement Unit if:
(A) a party to the order for support is
receiving child support enforcement services under
this Article X; or
(B) no party to the order for support is
receiving child support enforcement services under
this Article X, but the support payments are made
through income withholding; or
(2) to make support payments to the State
Disbursement Unit of another state upon request of
another state's Title IV-D child support enforcement
agency, in accordance with the requirements of Title IV,
Part D of the Social Security Act and regulations
promulgated under that Part D. Within 15 days after the
effective date of this amendatory Act of the 91st General
Assembly, the Illinois Department shall provide written
notice to the clerk of the circuit court, the obligor,
and, where applicable, the obligor's payor to make
payments to the State Disbursement Unit if:
(1) the order for support was entered before
October 1, 1999, and a party to the order is receiving
child and spouse support services under this Article X;
or
(2) no party to the order is receiving child and
spouse support services, and the support payments are
being made through income withholding.
(c-15) Within 15 days after the effective date of this
amendatory Act of the 91st General Assembly, the clerk of the
circuit court shall provide written notice to the obligor to
make payments directly to the clerk of the circuit court if
no party to the order is receiving child and spouse support
enforcement services under this Article X, the support
payments are not made through income withholding, and the
order for support requires support payments to be made
directly to the clerk of the circuit court.
(c-20) If the State Disbursement Unit receives a support
payment that was not appropriately made to the Unit under
this Section, the Unit shall immediately return the payment
to the sender, including, if possible, instructions detailing
where to send the support payments.
(d) The notices required under subsections (c-10) and
(c-15) may be sent by ordinary mail, certified mail, return
receipt requested, facsimile transmission, or other
electronic process, or may be served upon the obligor or
payor using any method provided by law for service of a
summons. A copy of the notice shall be provided to the
obligee and, when the order for support was entered by the
court, to the clerk of the court.
(Source: P.A. 91-212, eff. 7-20-99; 91-677, eff. 1-5-00.)
(305 ILCS 5/10-11) (from Ch. 23, par. 10-11)
Sec. 10-11. Administrative Orders. In lieu of actions
for court enforcement of support under Section 10-10, the
Child and Spouse Support Unit of the Illinois Department, in
accordance with the rules of the Illinois Department, may
issue an administrative order requiring the responsible
relative to comply with the terms of the determination and
notice of support due, determined and issued under Sections
10-6 and 10-7. The Unit may also enter an administrative
order under subsection (b) of Section 10-7. The
administrative order shall be served upon the responsible
relative by United States registered or certified mail. In
cases in which the responsible relative appeared at the
office of the Child and Spouse Support Unit in response to
the notice of support obligation issued under Section 10-4,
however, or in cases of default in which the notice was
served on the responsible relative by certified mail, return
receipt requested, or by any method provided by law for
service of summons, the administrative determination of
paternity or administrative support order may be sent to the
responsible relative by ordinary mail addressed to the
responsible relative's last known address.
If a responsible relative or a person receiving child and
spouse support enforcement services under this Article fails
to petition the Illinois Department for release from or
modification of the administrative order, as provided in
Section 10-12 or Section 10-12.1, the order shall become
final and there shall be no further administrative or
judicial remedy. Likewise a decision by the Illinois
Department as a result of an administrative hearing, as
provided in Sections 10-13 to 10-13.10, shall become final
and enforceable if not judicially reviewed under the
Administrative Review Law, as provided in Section 10-14.
Any new or existing support order entered by the Illinois
Department under this Section shall be deemed to be a series
of judgments against the person obligated to pay support
thereunder, each such judgment to be in the amount of each
payment or installment of support and each such judgment to
be deemed entered as of the date the corresponding payment or
installment becomes due under the terms of the support order.
Each such judgment shall have the full force, effect and
attributes of any other judgment of this State, including the
ability to be enforced. Any such judgment is subject to
modification or termination only in accordance with Section
510 of the Illinois Marriage and Dissolution of Marriage Act.
A lien arises by operation of law against the real and
personal property of the noncustodial parent for each
installment of overdue support owed by the noncustodial
parent.
An order entered under this Section shall include a
provision requiring the obligor to report to the obligee and
to the clerk of court within 10 days each time the obligor
obtains new employment, and each time the obligor's
employment is terminated for any reason. The report shall be
in writing and shall, in the case of new employment, include
the name and address of the new employer. Failure to report
new employment or the termination of current employment, if
coupled with nonpayment of support for a period in excess of
60 days, is indirect criminal contempt. For any obligor
arrested for failure to report new employment bond shall be
set in the amount of the child support that should have been
paid during the period of unreported employment. An order
entered under this Section shall also include a provision
requiring the obligor and obligee parents to advise each
other of a change in residence within 5 days of the change
except when the court finds that the physical, mental, or
emotional health of a party or that of a minor child, or
both, would be seriously endangered by disclosure of the
party's address.
A one-time charge of 20% is imposable upon the amount of
past-due child support owed on July 1, 1988, which has
accrued under a support order entered by the Illinois
Department under this Section. The charge shall be imposed
in accordance with the provisions of Section 10-21 and shall
be enforced by the court in a suit filed under Section 10-15.
(Source: P.A. 90-18, eff. 7-1-97; 90-539, eff. 6-1-98;
90-655, eff. 7-30-98; 90-790, eff. 8-14-98; 91-212, eff.
7-20-99.)
(305 ILCS 5/10-11.1) (from Ch. 23, par. 10-11.1)
Sec. 10-11.1. (a) Whenever it is determined in a
proceeding under Sections 10-6, 10-7, 10-11 or 10-17.1 that
the responsible relative is unemployed, and support is sought
on behalf of applicants for or recipients of financial aid
under Article IV of this Code or other persons who are given
access to the child and spouse support enforcement services
of this Article as provided in Section 10-1, the
administrative enforcement unit may order the responsible
relative to report to the Illinois Department for
participation in job search, training or work programs
established under Section 9-6 and Article IXA of this Code or
to the Illinois Department of Employment Security for job
search services or to make application with the local Job
Training Partnership Act provider for participation in job
search, training or work programs.
(b) Whenever it is determined that a responsible
relative owes past-due support for a child under an
administrative support order entered under subsection (b) of
Section 10-7 or under Section 10-11 or 10-17.1 and the child
is receiving assistance under this Code, the administrative
enforcement unit shall order the following:
(1) that the responsible relative pay the past-due
support in accordance with a plan approved by the
administrative enforcement unit; or
(2) if the responsible relative owing past-due
support is unemployed, is subject to such a plan, and is
not incapacitated, that the responsible relative
participate in job search, training, or work programs
established under Section 9-6 and Article IXA of this
Code.
(Source: P.A. 92-16, eff. 6-28-01.)
(305 ILCS 5/10-12.1)
Sec. 10-12.1. Petition by person receiving child and
spouse support enforcement services for release from or
modification of administrative support order or
administrative determination of paternity. Any person
receiving child and spouse support enforcement services under
this Article who is aggrieved by an administrative order
entered under Section 10-11 or 10-11.1 or an administrative
determination of paternity entered under Section 10-17.7 who
has been duly notified of the order or determination may,
within 30 days after the date of mailing of the order or
determination, petition the Illinois Department for release
from or modification of the order or determination. The day
immediately subsequent to the mailing of the order or
determination shall be considered as the first day and the
day the petition is received by the Illinois Department shall
be considered as the last day in computing the 30-day appeal
period. Upon receiving a petition within the 30-day appeal
period, the Illinois Department shall provide for a hearing
to be held on the petition.
(Source: P.A. 90-790, eff. 8-14-98.)
(305 ILCS 5/10-13) (from Ch. 23, par. 10-13)
Sec. 10-13. Hearing on Petition. The Illinois Department,
or any officer or employee thereof designated in writing by
the Illinois Department, shall conduct hearings and
investigations in connection with petitions filed pursuant to
Section 10-12 or Section 10-12.1. Responsible relatives and
persons receiving child and spouse support enforcement
services under this Article shall be entitled to appear in
person, to be represented by counsel at the hearing and to
present all relevant matter in support of their petitions.
The provisions of Sections 10-13.1 through 10-13.10 shall
govern the hearing.
The hearing shall be de novo and the Illinois
Department's determination of liability or non-liability
shall be independent of the determination of the
administrative enforcement unit.
(Source: P.A. 90-790, eff. 8-14-98.)
(305 ILCS 5/10-14) (from Ch. 23, par. 10-14)
Sec. 10-14. Review of Illinois department decision on
petition for hearing. Any responsible relative or person
receiving child and spouse support enforcement services under
this Article affected by a final administrative decision of
the Illinois Department in a hearing, conducted pursuant to
Sections 10-13 through 10-13.10 in which such relative or
person receiving services was a party, may have the decision
reviewed only under and in accordance with the Administrative
Review Law, as amended. The provisions of the Administrative
Review Law, and the rules adopted pursuant thereto, shall
apply to and govern all proceedings for the judicial review
of such final administrative decisions of the Illinois
Department. The term "administrative decision" is defined as
in Section 3-101 of the Code of Civil Procedure.
Appeals from all final orders and judgments entered by a
court upon review of the Illinois Department's order in any
case may be taken by either party to the proceeding and shall
be governed by the rules applicable to appeals in civil
cases.
The remedy herein provided for appeal shall be exclusive,
and no court shall have jurisdiction to review the subject
matter of any order made by the Illinois Department except as
herein provided.
(Source: P.A. 90-790, eff. 8-14-98.)
(305 ILCS 5/10-14.1)
Sec. 10-14.1. Relief from administrative orders.
Notwithstanding the 30-day appeal period provided in Sections
10-12 and 10-12.1 and the limitation on review of final
administrative decisions contained in Section 10-14, a
responsible relative or a person receiving child and spouse
support enforcement services under this Article who is
aggrieved by an administrative order entered under Section
10-11 or 10-11.1 or an administrative determination of
paternity entered under Section 10-17.7 and who did not
petition within the 30-day appeal period may petition the
Illinois Department for relief from the administrative order
or determination on the same grounds as are provided for
relief from judgments under Section 2-1401 of the Code of
Civil Procedure. The petition must be filed not later than 2
years after the entry of the order or determination by the
Illinois Department. The day immediately subsequent to the
mailing of the order or determination shall be considered as
the first day and the day the petition is received by the
Illinois Department shall be considered as the last day in
computing the 2-year period. Any period during which the
person seeking relief is under a legal disability or duress
or during which the grounds for relief are fraudulently
concealed shall be excluded in computing the period of 2
years.
Upon receiving a petition within the 2-year period, the
Illinois Department shall provide for a hearing to be held on
the petition.
(Source: P.A. 90-790, eff. 8-14-98.)
(305 ILCS 5/10-15) (from Ch. 23, par. 10-15)
Sec. 10-15. Enforcement of administrative order; costs
and fees. If a responsible relative refuses, neglects, or
fails to comply with a final administrative support or
reimbursement order of the Illinois Department entered by the
Child and Spouse Support Unit pursuant to Sections 10-11 or
10-11.1 or registered pursuant to Section 10-17.1, the Child
and Spouse Support Unit may file suit against the responsible
relative or relatives to secure compliance with the
administrative order.
Suits shall be instituted in the name of the People of
the State of Illinois on the relation of the Department of
Public Aid of the State of Illinois and the spouse or
dependent children for whom the support order has been
issued.
The court shall order the payment of the support
obligation, or orders for reimbursement of moneys for support
provided, directly to the Illinois Department but the order
shall permit the Illinois Department to direct the
responsible relative or relatives to make payments of support
directly to the spouse or dependent children, or to some
person or agency in his or their behalf, as provided in
Section 10-8 or 10-10, as applicable.
Whenever it is determined in a proceeding to enforce an
administrative order that the responsible relative is
unemployed, and support is sought on behalf of applicants for
or recipients of financial aid under Article IV of this Code
or other persons who are given access to the child and spouse
support enforcement services of this Article as provided in
Section 10-1, the court may order the responsible relative to
seek employment and report periodically to the court with a
diary, listing or other memorandum of his or her efforts in
accordance with such order. In addition, the court may order
the unemployed responsible relative to report to the Illinois
Department for participation in job search, training or work
programs established under Section 9-6 of this Code or to the
Illinois Department of Employment Security for job search
services or to make application with the local Job Training
Partnership Act provider for participation in job search,
training or work programs.
Charges imposed in accordance with the provisions of
Section 10-21 shall be enforced by the Court in a suit filed
under this Section.
To the extent the provisions of this Section are
inconsistent with the requirements pertaining to the State
Disbursement Unit under Sections 10-10.4 and 10-26 of this
Code, the requirements pertaining to the State Disbursement
Unit shall apply.
(Source: P.A. 91-212, eff. 7-20-99; 92-16, eff. 6-28-01.)
(305 ILCS 5/10-17.2) (from Ch. 23, par. 10-17.2)
Sec. 10-17.2. Income Withholding By Administrative
Order. The Illinois Department may provide by rule for entry
of an administrative support order containing income
withholding provisions and for service and enforcement of an
income withholding notice and a National Medical Support
Notice, by the Child and Spouse Support Unit based upon and
in the same manner as prescribed by the Income Withholding
for Support Act. The penalties provided in the Income
Withholding for Support Act shall apply hereto and shall be
enforced by filing an action under that Act. The rule shall
provide for notice to and an opportunity to be heard by the
responsible relative affected and any final administrative
decision rendered by the Department shall be reviewed only
under and in accordance with the Administrative Review Law.
(Source: P.A. 90-18, eff. 7-1-97; 90-673, eff. 1-1-99.)
(305 ILCS 5/10-17.7)
Sec. 10-17.7. Administrative determination of paternity.
The Illinois Department may provide by rule for the
administrative determination of paternity by the Child and
Spouse Support Unit in cases involving applicants for or
recipients of financial aid under Article IV of this Act and
other persons who are given access to the child and spouse
support enforcement services of this Article as provided in
Section 10-1, including persons similarly situated and
receiving similar services in other states. The rules shall
extend to cases in which the mother and alleged father
voluntarily acknowledge paternity in the form required by the
Illinois Department or agree to be bound by the results of
genetic testing or in which the alleged father has failed to
respond to a notification of support obligation issued under
Section 10-4 and to cases of contested paternity. Any
presumption provided for under the Illinois Parentage Act of
1984 shall apply to cases in which paternity is determined
under the rules of the Illinois Department. The rules shall
provide for notice and an opportunity to be heard by the
responsible relative and the person receiving child and
spouse support enforcement services under this Article if
paternity is not voluntarily acknowledged, and any final
administrative decision rendered by the Illinois Department
shall be reviewed only under and in accordance with the
Administrative Review Law. Determinations of paternity made
by the Illinois Department under the rules authorized by this
Section shall have the full force and effect of a court
judgment of paternity entered under the Illinois Parentage
Act of 1984.
In determining paternity in contested cases, the Illinois
Department shall conduct the evidentiary hearing in
accordance with Section 11 of the Parentage Act of 1984,
except that references in that Section to "the court" shall
be deemed to mean the Illinois Department's hearing officer
in cases in which paternity is determined administratively by
the Illinois Department.
Notwithstanding any other provision of this Article, a
default determination of paternity may be made if service of
the notice under Section 10-4 was made by publication under
the rules for administrative paternity determination
authorized by this Section. The rules as they pertain to
service by publication shall (i) be based on the provisions
of Section 2-206 and 2-207 of the Code of Civil Procedure,
(ii) provide for service by publication in cases in which the
whereabouts of the alleged father are unknown after diligent
location efforts by the Child and Spouse Support Unit, and
(iii) provide for publication of a notice of default
paternity determination in the same manner that the notice
under Section 10-4 was published.
The Illinois Department may implement this Section
through the use of emergency rules in accordance with Section
5-45 of the Illinois Administrative Procedure Act. For
purposes of the Illinois Administrative Procedure Act, the
adoption of rules to implement this Section shall be
considered an emergency and necessary for the public
interest, safety, and welfare.
(Source: P.A. 89-6, eff. 3-6-95; 89-641, eff. 8-9-96; 90-790,
eff. 8-14-98.)
(305 ILCS 5/12-8) (from Ch. 23, par. 12-8)
Sec. 12-8. Public Assistance Emergency Revolving Fund -
Uses. The Public Assistance Emergency Revolving Fund,
established by Act approved July 8, 1955 shall be held by the
Illinois Department and shall be used for the following
purposes:
1. To provide immediate financial aid to applicants
in acute need who have been determined eligible for aid
under Articles III, IV, or V.
2. To provide emergency aid to recipients under
said Articles who have failed to receive their grants
because of mail box or other thefts, or who are victims
of a burnout, eviction, or other circumstances causing
privation, in which cases the delays incident to the
issuance of grants from appropriations would cause
hardship and suffering.
3. To provide emergency aid for transportation,
meals and lodging to applicants who are referred to
cities other than where they reside for physical
examinations to establish blindness or disability, or to
determine the incapacity of the parent of a dependent
child.
4. To provide emergency transportation expense
allowances to recipients engaged in vocational training
and rehabilitation projects.
5. To assist public aid applicants in obtaining
copies of birth certificates, death certificates,
marriage licenses or other similar legal documents which
may facilitate the verification of eligibility for public
aid under this Code.
6. To provide immediate payments to current or
former recipients of child support enforcement services,
or refunds to responsible relatives, for child support
made to the Illinois Department under Title IV-D of the
Social Security Act when such recipients of services or
responsible relatives are legally entitled to all or part
of such child support payments under applicable State or
federal law.
7. To provide payments to individuals or providers
of transportation to and from medical care for the
benefit of recipients under Articles III, IV, V, and VI.
Disbursements from the Public Assistance Emergency
Revolving Fund shall be made by the Illinois Department.
Expenditures from the Public Assistance Emergency
Revolving Fund shall be for purposes which are properly
chargeable to appropriations made to the Illinois Department,
or, in the case of payments under subparagraph 6, to the
Child Support Enforcement Trust Fund, except that no
expenditure shall be made for purposes which are properly
chargeable to appropriations for the following objects:
personal services; extra help; state contributions to
retirement system; state contributions to Social Security;
state contributions for employee group insurance; contractual
services; travel; commodities; printing; equipment;
electronic data processing; operation of auto equipment;
telecommunications services; library books; and refunds. The
Illinois Department shall reimburse the Public Assistance
Emergency Revolving Fund by warrants drawn by the State
Comptroller on the appropriation or appropriations which are
so chargeable, or, in the case of payments under subparagraph
6, by warrants drawn on the Child Support Enforcement Trust
Fund, payable to the Revolving Fund.
The Illinois Department shall consult, in writing, with
the Citizens Assembly/Council on Public Aid with respect to
the investment of funds from the Public Assistance Emergency
Revolving Fund outside the State Treasury in certificates of
deposit or other interest-bearing accounts.
(Source: P.A. 92-111, eff. 1-1-02.)
Section 7. The Vital Records Act is amended by changing
Section 12 as follows:
(410 ILCS 535/12) (from Ch. 111 1/2, par. 73-12)
Sec. 12. Live births; place of registration.
(1) Each live birth which occurs in this State shall be
registered with the local or subregistrar of the district in
which the birth occurred as provided in this Section, within
7 days after the birth. When a birth occurs on a moving
conveyance, the city, village, township, or road district in
which the child is first removed from the conveyance shall be
considered the place of birth and a birth certificate shall
be filed in the registration district in which the place is
located.
(2) When a birth occurs in an institution, the person in
charge of the institution or his designated representative
shall obtain and record all the personal and statistical
particulars relative to the parents of the child that are
required to properly complete the live birth certificate;
shall secure the required personal signatures on the hospital
worksheet; shall prepare the certificate from this worksheet;
and shall file the certificate with the local registrar. The
institution shall retain the hospital worksheet permanently
or as otherwise specified by rule. The physician in
attendance shall verify or provide the date of birth and
medical information required by the certificate, within 24
hours after the birth occurs.
(3) When a birth occurs outside an institution, the
certificate shall be prepared and filed by one of the
following in the indicated order of priority:
(a) The physician in attendance at or immediately
after the birth, or in the absence of such a person,
(b) Any other person in attendance at or
immediately after the birth, or in the absence of such a
person,
(c) The father, the mother, or in the absence of
the father and the inability of the mother, the person in
charge of the premises where the birth occurred.
(4) Unless otherwise provided in this Act, if the mother
was not married to the father of the child at either the time
of conception or the time of birth, the name of the father
shall be entered on the child's birth certificate only if the
mother and the person to be named as the father have signed
an acknowledgment of parentage in accordance with subsection
(5).
Unless otherwise provided in this Act, if the mother was
married at the time of conception or birth and the presumed
father (that is, the mother's husband) is not the biological
father of the child, the name of the biological father shall
be entered on the child's birth certificate only if, in
accordance with subsection (5), (i) the mother and the person
to be named as the father have signed an acknowledgment of
parentage and (ii) the mother and presumed father have signed
a denial of paternity.
(5) Upon the birth of a child to an unmarried woman, or
upon the birth of a child to a woman who was married at the
time of conception or birth and whose husband is not the
biological father of the child, the institution at the time
of birth and the local registrar or county clerk after the
birth shall do the following:
(a) Provide (i) an opportunity for the child's
mother and father to sign an acknowledgment of parentage
and (ii) if the presumed father is not the biological
father, an opportunity for the mother and presumed father
to sign a denial of paternity. The signing and
witnessing of the acknowledgment of parentage or, if the
presumed father of the child is not the biological
father, the acknowledgment of parentage and denial of
paternity conclusively establishes a parent and child
relationship in accordance with Sections 5 and 6 of the
Illinois Parentage Act of 1984.
The Illinois Department of Public Aid shall furnish
the acknowledgment of parentage and denial of paternity
form to institutions, county clerks, and State and local
registrars' offices. The form shall include instructions
to send the original signed and witnessed acknowledgment
of parentage and denial of paternity to the Illinois
Department of Public Aid.
(b) Provide the following documents, furnished by
the Illinois Department of Public Aid, to the child's
mother, biological father, and (if the person presumed to
be the child's father is not the biological father)
presumed father for their review at the time the
opportunity is provided to establish a parent and child
relationship:
(i) An explanation of the implications of,
alternatives to, legal consequences of, and the
rights and responsibilities that arise from signing
an acknowledgment of parentage and, if necessary, a
denial of paternity, including an explanation of the
parental rights and responsibilities of child
support, visitation, custody, retroactive support,
health insurance coverage, and payment of birth
expenses.
(ii) An explanation of the benefits of having
a child's parentage established and the availability
of parentage establishment and child support
enforcement services.
(iii) A request for an application for child
support enforcement services from the Illinois
Department of Public Aid.
(iv) Instructions concerning the opportunity
to speak, either by telephone or in person, with
staff of the Illinois Department of Public Aid who
are trained to clarify information and answer
questions about paternity establishment.
(v) Instructions for completing and signing
the acknowledgment of parentage and denial of
paternity.
(c) Provide an oral explanation of the documents
and instructions set forth in subdivision (5)(b),
including an explanation of the implications of,
alternatives to, legal consequences of, and the rights
and responsibilities that arise from signing an
acknowledgment of parentage and, if necessary, a denial
of paternity. The oral explanation may be given in
person or through the use of video or audio equipment.
(6) The institution, State or local registrar, or county
clerk shall provide an opportunity for the child's father or
mother to sign a rescission of parentage. The signing and
witnessing of the rescission of parentage voids the
acknowledgment of parentage and nullifies the presumption of
paternity if executed and filed with the Illinois Department
of Public Aid within the time frame contained in Section 5 of
the Illinois Parentage Act of 1984. The Illinois Department
of Public Aid shall furnish the rescission of parentage form
to institutions, county clerks, and State and local
registrars' offices. The form shall include instructions to
send the original signed and witnessed rescission of
parentage to the Illinois Department of Public Aid.
(7) An acknowledgment of paternity signed pursuant to
Section 6 of the Illinois Parentage Act of 1984 may be
challenged in court only on the basis of fraud, duress, or
material mistake of fact, with the burden of proof upon the
challenging party. Pending outcome of a challenge to the
acknowledgment of paternity, the legal responsibilities of
the signatories shall remain in full force and effect, except
upon order of the court upon a showing of good cause.
(8) When the process for acknowledgment of parentage as
provided for under subsection (5) establishes the paternity
of a child whose certificate of birth is on file in another
state, the Illinois Department of Public Aid shall forward a
copy of the acknowledgment of parentage, the denial of
paternity, if applicable, and the rescission of parentage, if
applicable, to the birth record agency of the state where the
child's certificate of birth is on file.
(9) In the event the parent-child relationship has been
established in accordance with subdivision (a)(1) of Section
6 of the Parentage Act of 1984, the names of the biological
mother and biological father so established shall be entered
on the child's birth certificate, and the names of the
surrogate mother and surrogate mother's husband, if any,
shall not be on the birth certificate.
(Source: P.A. 90-18, eff. 7-1-97; 90-790, eff. 8-14-98;
91-308, eff. 7-29-99.)
Section 10. The Illinois Marriage and Dissolution of
Marriage Act is amended by changing Sections 505.1, 506,
507.1, 510, 516, 709, and 710 as follows:
(750 ILCS 5/505.1) (from Ch. 40, par. 505.1)
Sec. 505.1. (a) Whenever it is determined in a
proceeding to establish or enforce a child support or
maintenance obligation that the person owing a duty of
support is unemployed, the court may order the person to seek
employment and report periodically to the court with a diary,
listing or other memorandum of his or her efforts in
accordance with such order. Additionally, the court may order
the unemployed person to report to the Department of
Employment Security for job search services or to make
application with the local Job Training Partnership Act
provider for participation in job search, training or work
programs and where the duty of support is owed to a child
receiving child support enforcement services under Article X
of the Illinois Public Aid Code, as amended, the court may
order the unemployed person to report to the Illinois
Department of Public Aid for participation in job search,
training or work programs established under Section 9-6 and
Article IXA of that Code.
(b) Whenever it is determined that a person owes
past-due support for a child or for a child and the parent
with whom the child is living, and the child is receiving
assistance under the Illinois Public Aid Code, the court
shall order at the request of the Illinois Department of
Public Aid:
(1) that the person pay the past-due support in
accordance with a plan approved by the court; or
(2) if the person owing past-due support is
unemployed, is subject to such a plan, and is not
incapacitated, that the person participate in such job
search, training, or work programs established under
Section 9-6 and Article IXA of the Illinois Public Aid
Code as the court deems appropriate.
(Source: P.A. 90-18, eff. 7-1-97; 91-357, eff. 7-29-99.)
(750 ILCS 5/506) (from Ch. 40, par. 506)
Sec. 506. Representation of child.
(a) Duties. In any proceedings involving the support,
custody, visitation, education, parentage, property interest,
or general welfare of a minor or dependent child, the court
may, on its own motion or that of any party, and subject to
the terms or specifications the court determines, appoint an
attorney to serve in one of the following capacities:
(1) as an attorney to represent the child;
(2) as a guardian ad litem to address issues the
court delineates;
(3) as a child's representative whose duty shall be
to advocate what the representative finds to be in the
best interests of the child after reviewing the facts and
circumstances of the case. The child's representative
shall have the same power and authority to take part in
the conduct of the litigation as does an attorney for a
party and shall possess all the powers of investigation
and recommendation as does a guardian ad litem. The
child's representative shall consider, but not be bound
by, the expressed wishes of the child. A child's
representative shall have received training in child
advocacy or shall possess such experience as determined
to be equivalent to such training by the chief judge of
the circuit where the child's representative has been
appointed. The child's representative shall not disclose
confidential communications made by the child, except as
required by law or by the Rules of Professional Conduct.
The child's representative shall not be called as a
witness regarding the issues set forth in this
subsection.
During the proceedings the court may appoint an
additional attorney to serve in another of the capacities
described in subdivisions (a)(1), (a)(2), or (a)(3) on its
own motion or that of a party only for good cause shown and
when the reasons for the additional appointment are set forth
in specific findings.
(b) Fees and costs. The court shall enter an order as
appropriate for costs, fees, and disbursements, including a
retainer, when the attorney, guardian ad litem, or child's
representative is appointed, and thereafter as necessary.
Such orders shall require payment by either or both parents,
by any other party or source, or from the marital estate or
the child's separate estate. The court may not order payment
by the Illinois Department of Public Aid in cases in which
the Department is providing child and spouse support
enforcement services under Article X of the Illinois Public
Aid Code. Unless otherwise ordered by the court at the time
fees and costs are approved, all fees and costs payable to an
attorney, guardian ad litem, or child's representative under
this Section are by implication deemed to be in the nature of
support of the child and are within the exceptions to
discharge in bankruptcy under 11 U.S.C.A. 523. The
provisions of Sections 501 and 508 of this Act shall apply to
fees and costs for attorneys appointed under this Section.
(Source: P.A. 90-309, eff. 1-1-98; 91-410, eff. 1-1-00.)
(750 ILCS 5/507.1)
Sec. 507.1. Payment of Support to State Disbursement
Unit.
(a) As used in this Section:
"Order for support", "obligor", "obligee", and "payor"
mean those terms as defined in the Income Withholding for
Support Act, except that "order for support" shall not mean
orders providing for spousal maintenance under which there is
no child support obligation.
(b) Notwithstanding any other provision of this Act to
the contrary, each order for support entered or modified on
or after October 1, 1999 shall require that support payments
be made to the State Disbursement Unit established under
Section 10-26 of the Illinois Public Aid Code if:
(1) a party to the order is receiving child and
spouse support enforcement services under Article X of
the Illinois Public Aid Code; or
(2) no party to the order is receiving child and
spouse support enforcement services, but the support
payments are made through income withholding.
(c) Support payments shall be made to the State
Disbursement Unit if:
(1) the order for support was entered before
October 1, 1999, and a party to the order is receiving
child and spouse support enforcement services under
Article X of the Illinois Public Aid Code; or
(2) no party to the order is receiving child and
spouse support enforcement services, and the support
payments are being made through income withholding.
(c-5) If no party to the order is receiving child and
spouse support enforcement services under Article X of the
Illinois Public Aid Code, and the support payments are not
made through income withholding, then support payments shall
be made as directed by the order for support.
(c-10) At any time, and notwithstanding the existence of
an order directing payments to be made elsewhere, the
Department of Public Aid may provide notice to the obligor
and, where applicable, to the obligor's payor:
(1) to make support payments to the State
Disbursement Unit if:
(A) a party to the order for support is
receiving child support enforcement services under
Article X of the Illinois Public Aid Code; or
(B) no party to the order for support is
receiving child support enforcement services under
Article X of the Illinois Public Aid Code, but the
support payments are made through income
withholding; or
(2) to make support payments to the State
Disbursement Unit of another state upon request of
another state's Title IV-D child support enforcement
agency, in accordance with the requirements of Title IV,
Part D of the Social Security Act and regulations
promulgated under that Part D.
The Department of Public Aid shall provide a copy of the
notice to the obligee and to the clerk of the circuit court.
Within 15 days after the effective date of this amendatory
Act of the 91st General Assembly, the Illinois Department
shall provide written notice to the clerk of the circuit
court, the obligor, and, where applicable, the obligor's
payor to make payments to the State Disbursement Unit if:
(1) the order for support was entered before
October 1, 1999, and a party to the order is receiving
child and spouse support services under Article X of the
Illinois Public Aid Code; or
(2) no party to the order is receiving child and
spouse support services, and the support payments are
being made through income withholding.
(c-15) Within 15 days after the effective date of this
amendatory Act of the 91st General Assembly, the clerk of the
circuit court shall provide written notice to the obligor to
make payments directly to the clerk of the circuit court if
no party to the order is receiving child and spouse support
enforcement services under Article X of the Illinois Public
Aid Code, the support payments are not made through income
withholding, and the order for support requires support
payments to be made directly to the clerk of the circuit
court. The clerk shall provide a copy of the notice to the
obligee.
(c-20) If the State Disbursement Unit receives a support
payment that was not appropriately made to the Unit under
this Section, the Unit shall immediately return the payment
to the sender, including, if possible, instructions detailing
where to send the support payment.
(d) The notices required under subsections (c-10) and
(c-15) may be sent by ordinary mail, certified mail, return
receipt requested, facsimile transmission, or other
electronic process, or may be served upon the obligor or
payor using any method provided by law for service of a
summons. The Illinois Department of Public Aid shall provide
a copy of the notice to the obligee and to the clerk of the
court.
(Source: P.A. 91-212, eff. 7-20-99; 91-677, eff. 1-5-00.)
(750 ILCS 5/510) (from Ch. 40, par. 510)
Sec. 510. Modification and termination of provisions for
maintenance, support, educational expenses, and property
disposition.
(a) Except as otherwise provided in paragraph (f) of
Section 502 and in subsection (b) (d), clause (3) of Section
505.2, the provisions of any judgment respecting maintenance
or support may be modified only as to installments accruing
subsequent to due notice by the moving party of the filing of
the motion for modification and, with respect to maintenance,
only upon a showing of a substantial change in circumstances.
An order for child support may be modified as follows:
(1) upon a showing of a substantial change in
circumstances; and
(2) without the necessity of showing a substantial
change in circumstances, as follows:
(A) upon a showing of an inconsistency of at
least 20%, but no less than $10 per month, between
the amount of the existing order and the amount of
child support that results from application of the
guidelines specified in Section 505 of this Act
unless the inconsistency is due to the fact that the
amount of the existing order resulted from a
deviation from the guideline amount and there has
not been a change in the circumstances that resulted
in that deviation; or
(B) Upon a showing of a need to provide for
the health care needs of the child under the order
through health insurance or other means. In no
event shall the eligibility for or receipt of
medical assistance be considered to meet the need to
provide for the child's health care needs.
The provisions of subparagraph (a)(2)(A) shall apply only
in cases in which a party is receiving child and spouse
support enforcement services from the Illinois Department of
Public Aid under Article X of the Illinois Public Aid Code,
and only when at least 36 months have elapsed since the order
for child support was entered or last modified.
(b) The provisions as to property disposition may not be
revoked or modified, unless the court finds the existence of
conditions that justify the reopening of a judgment under the
laws of this State.
(c) Unless otherwise agreed by the parties in a written
agreement set forth in the judgment or otherwise approved by
the court, the obligation to pay future maintenance is
terminated upon the death of either party, or the remarriage
of the party receiving maintenance, or if the party receiving
maintenance cohabits with another person on a resident,
continuing conjugal basis.
(d) Unless otherwise agreed in writing or expressly
provided in a judgment, provisions for the support of a child
are terminated by emancipation of the child, except as
otherwise provided herein, but not by the death of a parent
obligated to support or educate the child. An existing
obligation to pay for support or educational expenses, or
both, is not terminated by the death of a parent. When a
parent obligated to pay support or educational expenses, or
both, dies, the amount of support or educational expenses, or
both, may be enforced, modified, revoked or commuted to a
lump sum payment, as equity may require, and that
determination may be provided for at the time of the
dissolution of the marriage or thereafter.
(e) The right to petition for support or educational
expenses, or both, under Sections 505 and 513 is not
extinguished by the death of a parent. Upon a petition filed
before or after a parent's death, the court may award sums of
money out of the decedent's estate for the child's support or
educational expenses, or both, as equity may require. The
time within which a claim may be filed against the estate of
a decedent under Sections 505 and 513 and subsection (d) and
this subsection shall be governed by the provisions of the
Probate Act of 1975, as a barrable, noncontingent claim.
(f) A petition to modify or terminate child support,
custody, or visitation shall not delay any child support
enforcement litigation or supplementary proceeding on behalf
of the obligee, including, but not limited to, a petition for
a rule to show cause, for non-wage garnishment, or for a
restraining order.
(Source: P.A. 92-289, eff. 8-9-01; revised 12-07-01.)
(750 ILCS 5/516) (from Ch. 40, par. 516)
Sec. 516. Public Aid collection fee. In all cases
instituted by the Illinois Department of Public Aid on behalf
of a child or spouse, other than one receiving a grant of
financial aid under Article IV of The Illinois Public Aid
Code, on whose behalf an application has been made and
approved for child support enforcement services as provided
by Section 10-1 of that Code, the court shall impose a
collection fee on the individual who owes a child or spouse
support obligation in an amount equal to 10% of the amount so
owed as long as such collection is required by federal law,
which fee shall be in addition to the support obligation.
The imposition of such fee shall be in accordance with
provisions of Title IV, Part D, of the Social Security Act
and regulations duly promulgated thereunder. The fee shall
be payable to the clerk of the circuit court for transmittal
to the Illinois Department of Public Aid and shall continue
until child support enforcement services are terminated by
that Department.
(Source: P.A. 82-979.)
(750 ILCS 5/709) (from Ch. 40, par. 709)
Sec. 709. Mandatory child support payments to clerk.
(a) As of January 1, 1982, child support orders entered
in any county covered by this subsection shall be made
pursuant to the provisions of Sections 709 through 712 of
this Act. For purposes of these Sections, the term "child
support payment" or "payment" shall include any payment
ordered to be made solely for the purpose of the support of a
child or children or any payment ordered for general support
which includes any amount for support of any child or
children.
The provisions of Sections 709 through 712 shall be
applicable to any county with a population of 2 million or
more and to any other county which notifies the Supreme Court
of its desire to be included within the coverage of these
Sections and is certified pursuant to Supreme Court Rules.
The effective date of inclusion, however, shall be
subject to approval of the application for reimbursement of
the costs of the support program by the Department of Public
Aid as provided in Section 712.
(b) In any proceeding for a dissolution of marriage,
legal separation, or declaration of invalidity of marriage,
or in any supplementary proceedings in which a judgment or
modification thereof for the payment of child support is
entered on or after January 1, 1982, in any county covered by
Sections 709 through 712, and the person entitled to payment
is receiving a grant of financial aid under Article IV of the
Illinois Public Aid Code or has applied and qualified for
child support enforcement services under Section 10-1 of that
Code, the court shall direct: (1) that such payments be made
to the clerk of the court and (2) that the parties affected
shall each thereafter notify the clerk of any change of
address or change in other conditions that may affect the
administration of the order, including the fact that a party
who was previously not on public aid has become a recipient
of public aid, within 10 days of such change. All notices
sent to the obligor's last known address on file with the
clerk shall be deemed sufficient to proceed with enforcement
pursuant to the provisions of Sections 709 through 712.
In all other cases, the court may direct that payments be
made to the clerk of the court.
(c) Except as provided in subsection (d) of this
Section, the clerk shall disburse the payments to the person
or persons entitled thereto under the terms of the order or
judgment.
(d) The court shall determine, prior to the entry of the
support order, if the party who is to receive the support is
presently receiving public aid or has a current application
for public aid pending and shall enter the finding on the
record.
If the person entitled to payment is a recipient of aid
under the Illinois Public Aid Code, the clerk, upon being
informed of this fact by finding of the court, by
notification by the party entitled to payment, by the
Illinois Department of Public Aid or by the local
governmental unit, shall make all payments to: (1) the
Illinois Department of Public Aid if the person is a
recipient under Article III, IV, or V of the Code or (2) the
local governmental unit responsible for his or her support if
the person is a recipient under Article VI or VII of the
Code. In accordance with federal law and regulations, the
Illinois Department of Public Aid 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 Illinois Department of Public
Aid 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. Upon
termination of public aid payments to such a recipient or
termination of services under Article X of the Illinois
Public Aid Code, the Illinois Department of Public Aid or the
appropriate local governmental unit shall notify the clerk in
writing or by electronic transmission that all subsequent
payments are to be sent directly to the person entitled
thereto.
Upon notification in writing or by electronic
transmission from the Illinois Department of Public Aid to
the clerk of the court that a person who is receiving support
payments under this Section is receiving services under the
Child Support Enforcement Program established by Title IV-D
of the Social Security Act, any support payments subsequently
received by the clerk of the court shall be transmitted in
accordance with the instructions of the Illinois Department
of Public Aid until the Department gives notice to the clerk
of the court to cease the transmittal. After providing the
notification authorized under this paragraph, the Illinois
Department of Public Aid shall be entitled as a party to
notice of any further proceedings in the case. The clerk of
the court shall file a copy of the Illinois Department of
Public Aid's notification in the court file. The failure of
the clerk to file a copy of the notification in the court
file shall not, however, affect the Illinois Department of
Public Aid's right to receive notice of further proceedings.
Payments under this Section to the Illinois Department of
Public Aid 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.
(e) Any order or judgment may be amended by the court,
upon its own motion or upon the motion of either party, to
conform with the provisions of Sections 709 through 712,
either as to the requirement of making payments to the clerk
or, where payments are already being made to the clerk, as to
the statutory fees provided for under Section 711.
(f) The clerk may invest in any interest bearing account
or in any securities, monies collected for the benefit of a
payee, where such payee cannot be found; however, the
investment may be only for the period until the clerk is able
to locate and present the payee with such monies. The clerk
may invest in any interest bearing account, or in any
securities, monies collected for the benefit of any other
payee; however, this does not alter the clerk's obligation to
make payments to the payee in a timely manner. Any interest
or capital gains accrued shall be for the benefit of the
county and shall be paid into the special fund established in
subsection (b) of Section 711.
(g) The clerk shall establish and maintain a payment
record of all monies received and disbursed and such record
shall constitute prima facie evidence of such payment and
non-payment, as the case may be.
(h) For those cases in which child support is payable to
the clerk of the circuit court for transmittal to the
Illinois Department of Public Aid by order of court or upon
notification by the 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.
(i) 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. 91-24, eff. 7-1-99; 91-212, eff. 7-20-99;
92-16, eff. 6-28-01.)
(750 ILCS 5/710) (from Ch. 40, par. 710)
Sec. 710. Enforcement; Penalties.
(a) In counties certified as included under the
provisions of Sections 709 through 712 and whose application
for reimbursement is approved, there shall be instituted a
child support enforcement program to be conducted by the
clerk of the circuit court and the state's attorney of the
county. The program is to be limited to enforcement of child
support orders entered pursuant to this Act.
The child support enforcement program is to be conducted
only on behalf of dependent children included in a grant of
financial aid under Article IV of The Illinois Public Aid
Code and parties who apply and qualify for child support
enforcement services pursuant to Section 10-1 of such Code.
Nothing in this Section shall be construed to prohibit
the establishment of a child support enforcement program by
the clerk of the circuit court in cooperation with the
State's Attorney of the county.
(b) In the event of a delinquency in payment, as
determined from the record maintained by the clerk in a
county covered by the child support enforcement program, such
clerk shall notify both the party obligated to make the
payment, hereinafter called the payor, and the recipient of
such payment, hereinafter called the payee, of such
delinquency and that if the amount then due and owing is not
remitted in the time period required by circuit court rules,
the matter will be referred to the state's attorney for
enforcement proceedings. Upon failure of the payor to remit
as required, the clerk shall refer the matter to the state's
attorney, except as provided by rule of the circuit court.
(c) Upon referral from the clerk, the state's attorney
shall promptly initiate enforcement proceedings against the
payor. Legal representation by the state's attorney shall be
limited to child support and shall not extend to visitation,
custody, property or other matters; however, if the payor
properly files pleadings raising such matters during the
course of the child support hearing and the court finds that
it has jurisdiction of such matters, the payee shall be
granted the opportunity to obtain a continuance in order to
secure representation for those other matters, and the court
shall not delay entry of an appropriate support order pending
the disposition of such other matters.
If the state's attorney does not commence enforcement
proceedings within 30 days, the clerk shall inform the court
which, upon its own motion, shall appoint counsel for
purposes of enforcement. The fees and expenses of such
counsel shall be paid by the payor and shall not be paid by
the State.
Nothing in this Section shall be construed to prevent a
payee from instituting independent enforcement proceedings or
limit the remedies available to payee in such proceedings.
However, absent the exercise under this provision of a
private right of enforcement, enforcement shall be as
otherwise provided in this Section.
(d) At the time any support order is entered, the payee
shall be informed of the procedure used for enforcement and
shall be given the address and telephone number both of the
clerk and of the Child and Spouse Support Unit as provided in
Section 712.
The payee shall be informed that, if no action is taken
within 2 months of any complaint to the clerk, payee may
contact the Unit to seek assistance in obtaining enforcement.
(e) Upon a finding that payor is in default and that
such non-payment is for a period of two months and that such
non-payment is without good cause, the court shall order the
payor to pay a sum equal to 2% of the arrearage as a penalty
along with his payment.
The court may further assess against the payor any fees
and expenses incurred in the enforcement of any order or the
reasonable value thereof and may impose any penalty otherwise
available to it in a case of contempt.
All penalties, fees and expenses assessed against the
payor pursuant to this subsection are to cover the expenses
of enforcement, are to be paid to the clerk and are to be
placed by him in the special fund provided for in Section
711.
(f) Any person not covered by the child support
enforcement program may institute private and independent
proceedings to enforce payment of support.
(Source: P.A. 88-284.)
Section 15. The Non-Support Punishment Act is amended by
changing Sections 7, 20, 25, 35, and 60 as follows:
(750 ILCS 16/7)
Sec. 7. Prosecutions by Attorney General. In addition
to enforcement proceedings by the several State's Attorneys,
a proceeding for the enforcement of this Act may be
instituted and prosecuted by the Attorney General in cases
referred by the Illinois Department of Public Aid involving
persons receiving child and spouse support enforcement
services under Article X of the Illinois Public Aid Code.
Before referring a case to the Attorney General for
enforcement under this Act, the Department of Public Aid
shall notify the person receiving child and spouse support
enforcement services under Article X of the Illinois Public
Aid Code of the Department's intent to refer the case to the
Attorney General under this Section for prosecution.
(Source: P.A. 91-613, eff. 10-1-99.)
(750 ILCS 16/20)
Sec. 20. Entry of order for support; income withholding.
(a) In a case in which no court or administrative order
for support is in effect against the defendant:
(1) at any time before the trial, upon motion of
the State's Attorney, or of the Attorney General if the
action has been instituted by his office, and upon notice
to the defendant, or at the time of arraignment or as a
condition of postponement of arraignment, the court may
enter such temporary order for support as may seem just,
providing for the support or maintenance of the spouse or
child or children of the defendant, or both, pendente
lite; or
(2) before trial with the consent of the defendant,
or at the trial on entry of a plea of guilty, or after
conviction, instead of imposing the penalty provided in
this Act, or in addition thereto, the court may enter an
order for support, subject to modification by the court
from time to time as circumstances may require, directing
the defendant to pay a certain sum for maintenance of the
spouse, or for support of the child or children, or both.
(b) The court shall determine the amount of child
support by using the guidelines and standards set forth in
subsection (a) of Section 505 and in Section 505.2 of the
Illinois Marriage and Dissolution of Marriage Act.
If (i) the non-custodial parent was properly served with
a request for discovery of financial information relating to
the non-custodial parent's ability to provide child support,
(ii) the non-custodial parent failed to comply with the
request, despite having been ordered to do so by the court,
and (iii) the non-custodial parent is not present at the
hearing to determine support despite having received proper
notice, then any relevant financial information concerning
the non-custodial parent's ability to provide support that
was obtained pursuant to subpoena and proper notice shall be
admitted into evidence without the need to establish any
further foundation for its admission.
(c) The court shall determine the amount of maintenance
using the standards set forth in Section 504 of the Illinois
Marriage and Dissolution of Marriage Act.
(d) The court may, for violation of any order under this
Section, punish the offender as for a contempt of court, but
no pendente lite order shall remain in effect longer than 4
months, or after the discharge of any panel of jurors
summoned for service thereafter in such court, whichever is
sooner.
(e) Any order for support entered by the court under
this Section shall be deemed to be a series of judgments
against the person obligated to pay support under the
judgments, each such judgment to be in the amount of each
payment or installment of support and each judgment to be
deemed entered as of the date the corresponding payment or
installment becomes due under the terms of the support order.
Each judgment shall have the full force, effect, and
attributes of any other judgment of this State, including the
ability to be enforced. Each judgment is subject to
modification or termination only in accordance with Section
510 of the Illinois Marriage and Dissolution of Marriage Act.
A lien arises by operation of law against the real and
personal property of the noncustodial parent for each
installment of overdue support owed by the noncustodial
parent.
(f) An order for support entered under this Section
shall include a provision requiring the obligor to report to
the obligee and to the clerk of the court within 10 days each
time the obligor obtains new employment, and each time the
obligor's employment is terminated for any reason. The
report shall be in writing and shall, in the case of new
employment, include the name and address of the new employer.
Failure to report new employment or the termination of
current employment, if coupled with nonpayment of support for
a period in excess of 60 days, is indirect criminal contempt.
For any obligor arrested for failure to report new
employment, bond shall be set in the amount of the child
support that should have been paid during the period of
unreported employment.
An order for support entered under this Section shall
also include a provision requiring the obligor and obligee
parents to advise each other of a change in residence within
5 days of the change except when the court finds that the
physical, mental, or emotional health of a party or of a
minor child, or both, would be seriously endangered by
disclosure of the party's address.
(g) An order for support entered or modified in a case
in which a party is receiving child and spouse support
enforcement services under Article X of the Illinois Public
Aid Code shall include a provision requiring the noncustodial
parent to notify the Illinois Department of Public Aid,
within 7 days, of the name and address of any new employer of
the noncustodial parent, whether the noncustodial parent has
access to health insurance coverage through the employer or
other group coverage and, if so, the policy name and number
and the names of persons covered under the policy.
(h) In any subsequent action to enforce an order for
support entered under this Act, upon sufficient showing that
diligent effort has been made to ascertain the location of
the noncustodial parent, service of process or provision of
notice necessary in that action may be made at the last known
address of the noncustodial parent, in any manner expressly
provided by the Code of Civil Procedure or in this Act, which
service shall be sufficient for purposes of due process.
(i) An order for support shall include a date on which
the current support obligation terminates. The termination
date shall be no earlier than the date on which the child
covered by the order will attain the age of majority or is
otherwise emancipated. The order for support shall state that
the termination date does not apply to any arrearage that may
remain unpaid on that date. Nothing in this subsection shall
be construed to prevent the court from modifying the order.
(j) A support obligation, or any portion of a support
obligation, which becomes due and remains unpaid for 30 days
or more shall accrue simple interest at the rate of 9% per
annum. An order for support entered or modified on or after
January 1, 2002 shall contain a statement that a support
obligation required under the order, or any portion of a
support obligation required under the order, that becomes due
and remains unpaid for 30 days or more shall accrue simple
interest at the rate of 9% per annum. Failure to include the
statement in the order for support does not affect the
validity of the order or the accrual of interest as provided
in this Section.
(Source: P.A. 91-613, eff. 10-1-99; 91-767, eff. 6-9-00;
92-374, eff. 8-15-01.)
(750 ILCS 16/25)
Sec. 25. Payment of support to State Disbursement Unit;
clerk of the court.
(a) As used in this Section, "order for support",
"obligor", "obligee", and "payor" mean those terms as defined
in the Income Withholding for Support Act.
(b) Each order for support entered or modified under
Section 20 of this Act shall require that support payments be
made to the State Disbursement Unit established under the
Illinois Public Aid Code, under the following circumstances:
(1) when a party to the order is receiving child and
spouse support enforcement services under Article X of
the Illinois Public Aid Code; or
(2) when no party to the order is receiving child
and spouse support enforcement services, but the support
payments are made through income withholding.
(c) When no party to the order is receiving child and
spouse support enforcement services, and payments are not
being made through income withholding, the court shall order
the obligor to make support payments to the clerk of the
court.
(d) At any time, and notwithstanding the existence of an
order directing payments to be made elsewhere, the Department
of Public Aid may provide notice to the obligor and, where
applicable, to the obligor's payor:
(1) to make support payments to the State
Disbursement Unit if:
(A) a party to the order for support is
receiving child support enforcement services under
Article X of the Illinois Public Aid Code; or
(B) no party to the order for support is
receiving child support enforcement services under
Article X of the Illinois Public Aid Code, but the
support payments are made through income
withholding; or
(2) to make support payments to the State
Disbursement Unit of another state upon request of
another state's Title IV-D child support enforcement
agency, in accordance with the requirements of Title IV,
Part D of the Social Security Act and regulations
promulgated under that Part D.
The Department of Public Aid shall provide a copy of the
notice to the obligee and to the clerk of the circuit court.
In the case of an order for support entered by the court
under this Act before a party commenced receipt of child and
spouse support services, upon receipt of these services by a
party the Illinois Department of Public Aid shall provide
notice to the obligor to send any support payments he or she
makes personally to the State Disbursement Unit until further
direction of the Department. The Department shall provide a
copy of the notice to the obligee and to the clerk of the
court.
(e) If a State Disbursement Unit as specified by federal
law has not been created in Illinois upon the effective date
of this Act, then, until the creation of a State Disbursement
Unit as specified by federal law, the following provisions
regarding payment and disbursement of support payments shall
control and the provisions in subsections (a), (b), (c), and
(d) shall be inoperative. Upon the creation of a State
Disbursement Unit as specified by federal law, this
subsection (e) shall be inoperative and the payment and
disbursement provisions of subsections (a), (b), (c), and (d)
shall control, and this subsection (e) shall be inoperative
to the extent that it conflicts with those subsections.
(1) In cases in which an order for support is
entered under Section 20 of this Act, the court shall
order that maintenance and support payments be made to
the clerk of the court for remittance to the person or
agency entitled to receive the payments. However, the
court in its discretion may direct otherwise where
exceptional circumstances so warrant.
(2) The court shall direct that support payments be
sent by the clerk to (i) the Illinois Department of
Public Aid if the person in whose behalf payments are
made is receiving aid under Articles III, IV, or V of the
Illinois Public Aid Code, or child and spouse support
enforcement services under Article X of the Code, or (ii)
to the local governmental unit responsible for the
support of the person if he or she is a recipient under
Article VI of the Code. In accordance with federal law
and regulations, the Illinois Department of Public Aid
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 Illinois Department 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 Illinois Department of Public Aid or the local
governmental unit, as the case may be, to direct that
support payments be made directly to the spouse,
children, or both, or to some person or agency in their
behalf, upon removal of the 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 Illinois Department or the local
governmental unit, as the case requires, shall give
notice of such action to the court in writing or by
electronic transmission.
(3) The clerk of the court shall establish and
maintain current records of all moneys received and
disbursed and of delinquencies and defaults in required
payments. The court, by order or rule, shall make
provision for the carrying out of these duties.
(4) Upon notification in writing or by electronic
transmission from the Illinois Department of Public Aid
to the clerk of the court that a person who is receiving
support payments under this Section is receiving services
under the Child Support Enforcement Program established
by Title IV-D of the Social Security Act, any support
payments subsequently received by the clerk of the court
shall be transmitted in accordance with the instructions
of the Illinois Department of Public Aid until the
Department gives notice to cease the transmittal. After
providing the notification authorized under this
paragraph, the Illinois Department of Public Aid shall be
a party and entitled to notice of any further proceedings
in the case. The clerk of the court shall file a copy of
the Illinois Department of Public Aid's notification in
the court file. The failure of the clerk to file a copy
of the notification in the court file shall not, however,
affect the Illinois Department of Public Aid's rights as
a party or its right to receive notice of further
proceedings.
(5) Payments under this Section to the Illinois
Department of Public Aid 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 other payments under this
Section to the Illinois Department of Public Aid shall be
deposited in the Public Assistance 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.
(6) For those cases in which child support is
payable to the clerk of the circuit court for transmittal
to the Illinois Department of Public Aid by order of
court or upon notification by the 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.
(Source: P.A. 91-613, eff. 10-1-99.)
(750 ILCS 16/35)
Sec. 35. Fine; release of defendant on probation;
violation of order for support; forfeiture of recognizance.
(a) Whenever a fine is imposed it may be directed by the
court to be paid, in whole or in part, to the spouse,
ex-spouse, or if the support of a child or children is
involved, to the custodial parent, to the clerk, probation
officer, or to the Illinois Department of Public Aid if a
recipient of child and spouse support enforcement services
under Article X of the Illinois Public Aid Code is involved
as the case requires, to be disbursed by such officers or
agency under the terms of the order.
(b) The court may also relieve the defendant from custody
on probation for the period fixed in the order or judgment
upon his or her entering into a recognizance, with or without
surety, in the sum as the court orders and approves. The
condition of the recognizance shall be such that if the
defendant makes his or her personal appearance in court
whenever ordered to do so by the court, during such period as
may be so fixed, and further complies with the terms of the
order for support, or any subsequent modification of the
order, then the recognizance shall be void; otherwise it will
remain in full force and effect.
(c) If the court is satisfied by testimony in open court,
that at any time during the period of one year the defendant
has violated the terms of the order for support, it may
proceed with the trial of the defendant under the original
charge, or sentence him or her under the original conviction,
or enforce the suspended sentence, as the case may be. In
case of forfeiture of recognizance, and enforcement of
recognizance by execution, the sum so recovered may, in the
discretion of the court, be paid, in whole or in part, to the
spouse, ex-spouse, or if the support of a child or children
is involved, to the custodial parent, to the clerk, or to the
Illinois Department of Public Aid if a recipient of child and
spouse support enforcement services under Article X of the
Illinois Public Aid Code is involved as the case requires, to
be disbursed by the clerk or the Department under the terms
of the order.
(Source: P.A. 91-613, eff. 10-1-99.)
(750 ILCS 16/60)
Sec. 60. Unemployed persons owing duty of support.
(a) Whenever it is determined in a proceeding to
establish or enforce a child support or maintenance
obligation that the person owing a duty of support is
unemployed, the court may order the person to seek employment
and report periodically to the court with a diary, listing or
other memorandum of his or her efforts in accordance with
such order. Additionally, the court may order the unemployed
person to report to the Department of Employment Security for
job search services or to make application with the local Job
Training Partnership Act provider for participation in job
search, training, or work programs and where the duty of
support is owed to a child receiving child support
enforcement services under Article X of the Illinois Public
Aid Code the court may order the unemployed person to report
to the Illinois Department of Public Aid for participation in
job search, training, or work programs established under
Section 9-6 and Article IXA of that Code.
(b) Whenever it is determined that a person owes past
due support for a child or for a child and the parent with
whom the child is living, and the child is receiving
assistance under the Illinois Public Aid Code, the court
shall order at the request of the Illinois Department of
Public Aid:
(1) that the person pay the past-due support in
accordance with a plan approved by the court; or
(2) if the person owing past-due support is
unemployed, is subject to such a plan, and is not
incapacitated, that the person participate in such job
search, training, or work programs established under
Section 9-6 and Article IXA of the Illinois Public Aid
Code as the court deems appropriate.
(Source: P.A. 91-613, eff. 10-1-99; 92-16, eff. 6-28-01.)
Section 20. The Uniform Interstate Family Support Act is
amended by changing Section 320 as follows:
(750 ILCS 22/320)
Sec. 320. Payment of Support to State Disbursement Unit.
(a) As used in this Section:
"Order for support", "obligor", "obligee", and "payor"
mean those terms as defined in the Income Withholding for
Support Act, except that "order for support" means an order
entered by any tribunal of this State but shall not mean
orders providing for spousal maintenance under which there is
no child support obligation.
(b) Notwithstanding any other provision of this Act to
the contrary, each order for support entered or modified on
or after October 1, 1999 shall require that support payments
be made to the State Disbursement Unit established under
Section 10-26 of the Illinois Public Aid Code if:
(1) a party to the order is receiving child and
spouse support enforcement services under Article X of
the Illinois Public Aid Code; or
(2) no party to the order is receiving child and
spouse support enforcement services, but the support
payments are made through income withholding.
(c) Support payments shall be made to the State
Disbursement Unit if:
(1) the order for support was entered before
October 1, 1999, and a party to the order is receiving
child and spouse support enforcement services under
Article X of the Illinois Public Aid Code; or
(2) no party to the order is receiving child and
spouse support enforcement services, and the support
payments are being made through income withholding.
(c-5) If no party to the order is receiving child and
spouse support enforcement services under Article X of the
Illinois Public Aid Code, and the support payments are not
made through income withholding, then support payments shall
be made as directed by the order for support.
(c-10) At any time, and notwithstanding the existence of
an order directing payments to be made elsewhere, the
Department of Public Aid may provide notice to the obligor
and, where applicable, to the obligor's payor:
(1) to make support payments to the State
Disbursement Unit if:
(A) a party to the order for support is
receiving child support enforcement services under
Article X of the Illinois Public Aid Code; or
(B) no party to the order for support is
receiving child support enforcement services under
Article X of the Illinois Public Aid Code, but the
support payments are made through income
withholding; or
(2) to make support payments to the State
Disbursement Unit of another state upon request of
another state's Title IV-D child support enforcement
agency, in accordance with the requirements of Title IV,
Part D of the Social Security Act and regulations
promulgated under that Part D.
The Department of Public Aid shall provide a copy of the
notice to the obligee and to the clerk of the circuit court.
Within 15 days after the effective date of this amendatory
Act of the 91st General Assembly, the Illinois Department
shall provide written notice to the clerk of the circuit
court, the obligor, and, where applicable, the obligor's
payor to make payments to the State Disbursement Unit if:
(1) the order for support was entered before
October 1, 1999, and a party to the order is receiving
child and spouse support services under Article X of the
Illinois Public Aid Code; or
(2) no party to the order is receiving child and
spouse support services, and the support payments are
being made through income withholding.
(c-15) Within 15 days after the effective date of this
amendatory Act of the 91st General Assembly, the clerk of the
circuit court shall provide written notice to the obligor to
make payments directly to the clerk of the circuit court if
no party to the order is receiving child and spouse support
enforcement services under Article X of the Illinois Public
Aid Code, the support payments are not made through income
withholding, and the order for support requires support
payments to be made directly to the clerk of the circuit
court. The clerk shall provide a copy of the notice to the
obligee.
(c-20) If the State Disbursement Unit receives a support
payment that was not appropriately made to the Unit under
this Section, the Unit shall immediately return the payment
to the sender, including, if possible, instructions detailing
where to send the support payments.
(d) The notices required under subsections (c-10) and
(c-15) may be sent by ordinary mail, certified mail, return
receipt requested, facsimile transmission, or other
electronic process, or may be served upon the obligor or
payor using any method provided by law for service of a
summons. The Illinois Department of Public Aid shall provide
a copy of the notice to the obligee and to the clerk of the
court.
(Source: P.A. 91-677, eff. 1-5-00.)
Section 22. The Expedited Child Support Act of 1990 is
amended by changing Section 6 as follows:
(750 ILCS 25/6) (from Ch. 40, par. 2706)
Sec. 6. Authority of hearing officers.
(a) With the exception of judicial functions exclusively
retained by the court in Section 8 of this Act and in
accordance with Supreme Court rules promulgated pursuant to
this Act, Administrative Hearing Officers shall be authorized
to:
(1) Accept voluntary agreements reached by the
parties setting the amount of child support to be paid
and medical support liability and recommend the entry of
orders incorporating such agreements.
(2) Accept voluntary acknowledgments of parentage
and recommend entry of an order establishing parentage
based on such acknowledgement. Prior to accepting such
acknowledgment, the Administrative Hearing Officer shall
advise the putative father of his rights and obligations
in accordance with Supreme Court rules promulgated
pursuant to this Act.
(3) Manage all stages of discovery, including
setting deadlines by which discovery must be completed;
and directing the parties to submit to appropriate tests
pursuant to Section 11 of the Illinois Parentage Act of
1984.
(4) Cause notices to be issued requiring the
Obligor to appear either before the Administrative
Hearing Officer or in court.
(5) Administer the oath or affirmation and take
testimony under oath or affirmation.
(6) Analyze the evidence and prepare written
recommendations based on such evidence, including but not
limited to: (i) proposed findings as to the amount of the
Obligor's income; (ii) proposed findings as to the amount
and nature of appropriate deductions from the Obligor's
income to determine the Obligor's net income; (iii)
proposed findings as to the existence of relevant factors
as set forth in subsection (a)(2) of Section 505 of the
Illinois Marriage and Dissolution of Marriage Act, which
justify setting child support payment levels above or
below the guidelines; (iv) recommended orders for
temporary child support; (v) recommended orders setting
the amount of current child support to be paid; (vi)
proposed findings as to the existence and amount of any
arrearages; (vii) recommended orders reducing any
arrearages to judgement and for the payment of amounts
towards such arrearages; (viii) proposed findings as to
whether there has been a substantial change of
circumstances since the entry of the last child support
order, or other circumstances justifying a modification
of the child support order; and (ix) proposed findings as
to whether the Obligor is employed.
(7) With respect to any unemployed Obligor who is
not making child support payments or is otherwise unable
to provide support, recommend that the Obligor be ordered
to seek employment and report periodically of his or her
efforts in accordance with such order. Additionally, the
Administrative Hearing Officer may recommend that the
Obligor be ordered to report to the Department of
Employment Security for job search services or to make
application with the local Job Training Partnership Act
provider for participation in job search, training or
work programs and, where the duty of support is owed to a
child receiving child support enforcement services under
Article X of the Illinois Public Aid Code, the
Administrative Hearing Officer may recommend that the
Obligor be ordered to report to the Illinois Department
of Public Aid for participation in the job search,
training or work programs established under Section 9-6
of the Public Aid Code.
(8) Recommend the registration of any foreign
support judgments or orders as the judgments or orders of
Illinois.
(b) In any case in which the Obligee is not
participating in the IV-D program or has not applied to
participate in the IV-D program, the Administrative Hearing
Officer shall:
(1) inform the Obligee of the existence of the IV-D
program and provide applications on request; and
(2) inform the Obligee and the Obligor of the
option of requesting payment to be made through the Clerk
of the Circuit Court.
If a request for payment through the Clerk is made, the
Administrative Hearing Officer shall note this fact in the
recommendations to the court.
(c) The Administrative Hearing Officer may make
recommendations in addition to the proposed findings of fact
and recommended order to which the parties have agreed.
(Source: P.A. 92-16, eff. 6-28-01.)
Section 25. The Income Withholding for Support Act is
amended by changing Sections 15 and 35 and adding Section 22
as follows:
(750 ILCS 28/15)
Sec. 15. Definitions.
(a) "Order for support" means any order of the court
which provides for periodic payment of funds for the support
of a child or maintenance of a spouse, whether temporary or
final, and includes any such order which provides for:
(1) modification or resumption of, or payment of
arrearage accrued under, a previously existing order;
(2) reimbursement of support;
(3) payment or reimbursement of the expenses of
pregnancy and delivery (for orders for support entered
under the Illinois Parentage Act of 1984 or its
predecessor the Paternity Act); or
(4) enrollment in a health insurance plan that is
available to the obligor through an employer or labor
union or trade union.
(b) "Arrearage" means the total amount of unpaid support
obligations as determined by the court and incorporated into
an order for support.
(b-5) "Business day" means a day on which State offices
are open for regular business.
(c) "Delinquency" means any payment under an order for
support which becomes due and remains unpaid after entry of
the order for support.
(d) "Income" means any form of periodic payment to an
individual, regardless of source, including, but not limited
to: wages, salary, commission, compensation as an independent
contractor, workers' compensation, disability, annuity,
pension, and retirement benefits, lottery prize awards,
insurance proceeds, vacation pay, bonuses, profit-sharing
payments, interest, and any other payments, made by any
person, private entity, federal or state government, any unit
of local government, school district or any entity created by
Public Act; however, "income" excludes:
(1) any amounts required by law to be withheld,
other than creditor claims, including, but not limited
to, federal, State and local taxes, Social Security and
other retirement and disability contributions;
(2) union dues;
(3) any amounts exempted by the federal Consumer
Credit Protection Act;
(4) public assistance payments; and
(5) unemployment insurance benefits except as
provided by law.
Any other State or local laws which limit or exempt
income or the amount or percentage of income that can be
withheld shall not apply.
(e) "Obligor" means the individual who owes a duty to
make payments under an order for support.
(f) "Obligee" means the individual to whom a duty of
support is owed or the individual's legal representative.
(g) "Payor" means any payor of income to an obligor.
(h) "Public office" means any elected official or any
State or local agency which is or may become responsible by
law for enforcement of, or which is or may become authorized
to enforce, an order for support, including, but not limited
to: the Attorney General, the Illinois Department of Public
Aid, the Illinois Department of Human Services, the Illinois
Department of Children and Family Services, and the various
State's Attorneys, Clerks of the Circuit Court and
supervisors of general assistance.
(i) "Premium" means the dollar amount for which the
obligor is liable to his employer or labor union or trade
union and which must be paid to enroll or maintain a child in
a health insurance plan that is available to the obligor
through an employer or labor union or trade union.
(j) "State Disbursement Unit" means the unit established
to collect and disburse support payments in accordance with
the provisions of Section 10-26 of the Illinois Public Aid
Code.
(k) "Title IV-D Agency" means the agency of this State
charged by law with the duty to administer the child support
enforcement program established under Title IV, Part D of the
Social Security Act and Article X of the Illinois Public Aid
Code.
(l) "Title IV-D case" means a case in which an obligee
or obligor is receiving child support enforcement services
under Title IV, Part D of the Social Security Act and Article
X of the Illinois Public Aid Code.
(m) "National Medical Support Notice" means the notice
required for enforcement of orders for support providing for
health insurance coverage of a child under Title IV, Part D
of the Social Security Act, the Employee Retirement Income
Security Act of 1974, and federal regulations promulgated
under those Acts.
(n) "Employer" means a payor or labor union or trade
union with an employee group health insurance plan and, for
purposes of the National Medical Support Notice, also
includes but is not limited to:
(1) any State or local governmental agency with a
group health plan; and
(2) any payor with a group health plan or "church
plan" covered under the Employee Retirement Income
Security Act of 1974.
(Source: P.A. 90-673, eff. 1-1-99; incorporates P.A. 90-790,
eff. 8-14-98; 91-212, eff. 7-20-99; 91-357, eff. 7-29-99.)
(750 ILCS 28/22 new)
Sec. 22. Use of National Medical Support Notice to
enforce health insurance coverage.
(a) Notwithstanding the provisions of subdivision (c)(4)
of Section 20, when an order for support is being enforced by
the Title IV-D Agency under this Act, any requirement for
health insurance coverage to be provided through an employer,
including withholding of premiums from the income of the
obligor, shall be enforced through use of a National Medical
Support Notice instead of through provisions in an income
withholding notice.
(b) A National Medical Support Notice may be served on
the employer in the manner and under the circumstances
provided for serving an income withholding notice under this
Act, except that an order for support that conditions service
of an income withholding notice on the obligor becoming
delinquent in paying the order for support, as provided under
subdivision (a)(1) of Section 20, shall not prevent immediate
service of a National Medical Support Notice by the Title
IV-D Agency. The Title IV-D Agency may serve a National
Medical Support Notice on an employer in conjunction with
service of an income withholding notice. Service of an income
withholding notice is not a condition for service of a
National Medical Support Notice, however.
(c) At the time of service of a National Medical Support
Notice on the employer, the Title IV-D Agency shall serve a
copy of the Notice on the obligor by ordinary mail addressed
to the obligor's last known address. The Title IV-D Agency
shall file a copy of the National Medical Support Notice,
together with proofs of service on the employer and the
obligor, with the clerk of the circuit court.
(d) Within 20 business days after the date of a National
Medical Support Notice, an employer served with the Notice
shall transfer the severable notice to plan administrator to
the appropriate group health plan providing any health
insurance coverage for which the child is eligible. As
required in the part of the National Medical Support Notice
directed to the employer, the employer shall withhold any
employee premium necessary for coverage of the child and
shall send any amount withheld directly to the plan. The
employer shall commence the withholding no later than the
next payment of income that occurs 14 days following the date
the National Medical Support Notice was mailed, sent by
facsimile or other electronic means, or placed for personal
delivery to or service on the employer.
Notwithstanding the requirement to withhold premiums from
the obligor's income, if the plan administrator informs the
employer that the child is enrolled in an option under the
plan for which the employer has determined that the obligor's
premium exceeds the amount that may be withheld from the
obligor's income due to the withholding limitation or
prioritization contained in Section 35 of this Act, the
employer shall complete the appropriate item in the part of
the National Medical Support Notice directed to the employer
according to the instructions in the Notice and shall return
that part to the Title IV-D Agency.
(e) If one of the following circumstances exists, an
employer served with a National Medical Support Notice shall
complete the part of the Notice directed to the employer in
accordance with the instructions in the Notice and shall
return that part to the Title IV-D Agency within 20 business
days after the date of the Notice:
(1) The employer does not maintain or contribute to
plans providing dependent or family health insurance
coverage.
(2) The obligor is among a class of employees that
is not eligible for family health insurance coverage
under any group health plan maintained by the employer or
to which the employer contributes.
(3) Health insurance coverage is not available
because the obligor is no longer employed by the
employer.
(f) The administrator of a health insurance plan to whom
an employer has transferred the severable notice to plan
administrator part of a National Medical Support Notice shall
complete that part with the health insurance coverage
information required under the instructions in the Notice and
shall return that part to the Title IV-D Agency within 40
business days after the date of the Notice.
(g) The obligor may contest withholding under this
Section based only on a mistake of fact and may contest
withholding by filing a petition with the clerk of the
circuit court within 20 days after service of a copy of the
National Medical Support Notice on the obligor. The obligor
must serve a copy of the petition on the Title IV-D Agency at
the address stated in the National Medical Support Notice.
The National Medical Support Notice, including the
requirement to withhold any required premium, shall continue
to be binding on the employer until the employer is served
with a court order resolving the contest or until notified by
the Title IV-D Agency.
(h) Whenever the obligor is no longer receiving income
from the employer, the employer shall return a copy of the
National Medical Support Notice to the Title IV-D Agency and
shall provide information for the purpose of enforcing health
insurance coverage under this Section.
(i) The Title IV-D Agency shall promptly notify the
employer when there is no longer a current order for health
insurance coverage in effect which the Title IV-D Agency is
responsible for enforcing.
(j) Unless stated otherwise in this Section, all of the
provisions of this Act relating to income withholding for
support shall pertain to income withholding for health
insurance coverage under a National Medical Support Notice,
including but not limited to the duties of the employer and
obligor, and the penalties contained in Section 35 and
Section 50. In addition, an employer who willfully fails to
transfer the severable notice to plan administrator part of a
National Medical Support Notice to the appropriate group
health plan providing health insurance coverage for which the
child is eligible, within 20 business days after the date of
the Notice, is liable for the full amount of medical expenses
incurred by or on behalf of the child which would have been
paid or reimbursed by the health insurance coverage had the
severable notice to plan administrator part of the Notice
been timely transferred to the group health insurance plan.
This penalty may be collected in a civil action that may be
brought against the employer in favor of the obligee or the
Title IV-D Agency.
(k) To the extent that any other State or local law may
be construed to limit or prevent compliance by an employer or
health insurance plan administrator with the requirements of
this Section and federal law and regulations pertaining to
the National Medical Support Notice, that State or local law
shall not apply.
(l) As the Title IV-D Agency, the Department of Public
Aid shall adopt any rules necessary for use of and compliance
with the National Medical Support Notice.
(750 ILCS 28/35)
Sec. 35. Duties of payor.
(a) It shall be the duty of any payor who has been
served with an income withholding notice to deduct and pay
over income as provided in this Section. The payor shall
deduct the amount designated in the income withholding
notice, as supplemented by any notice provided pursuant to
subsection (f) of Section 45, beginning no later than the
next payment of income which is payable or creditable to the
obligor that occurs 14 days following the date the income
withholding notice was mailed, sent by facsimile or other
electronic means, or placed for personal delivery to or
service on the payor. The payor may combine all amounts
withheld for the benefit of an obligee or public office into
a single payment and transmit the payment with a listing of
obligors from whom withholding has been effected. The payor
shall pay the amount withheld to the State Disbursement Unit
within 7 business days after the date the amount would (but
for the duty to withhold income) have been paid or credited
to the obligor. If the payor knowingly fails to pay any
amount withheld to the State Disbursement Unit within 7
business days after the date the amount would have been paid
or credited to the obligor, the payor shall pay a penalty of
$100 for each day that the withheld amount is not paid to the
State Disbursement Unit after the period of 7 business days
has expired. The failure of a payor, on more than one
occasion, to pay amounts withheld to the State Disbursement
Unit within 7 business days after the date the amount would
have been paid or credited to the obligor creates a
presumption that the payor knowingly failed to pay over the
amounts. This penalty may be collected in a civil action
which may be brought against the payor in favor of the
obligee or public office. A finding of a payor's
nonperformance within the time required under this Act must
be documented by a certified mail return receipt showing the
date the income withholding notice was served on the payor.
For purposes of this Act, a withheld amount shall be
considered paid by a payor on the date it is mailed by the
payor, or on the date an electronic funds transfer of the
amount has been initiated by the payor, or on the date
delivery of the amount has been initiated by the payor. For
each deduction, the payor shall provide the State
Disbursement Unit, at the time of transmittal, with the date
the amount would (but for the duty to withhold income) have
been paid or credited to the obligor.
After June 30, 2000, every payor that has 250 or more
employees shall use electronic funds transfer to pay all
amounts withheld under this Section. During the year 2001
and during each year thereafter, every payor that has fewer
than 250 employees and that withheld income under this
Section pursuant to 10 or more income withholding notices
during December of the preceding year shall use electronic
funds transfer to pay all amounts withheld under this
Section.
Upon receipt of an income withholding notice requiring
that a minor child be named as a beneficiary of a health
insurance plan available through an employer or labor union
or trade union, the employer or labor union or trade union
shall immediately enroll the minor child as a beneficiary in
the health insurance plan designated by the income
withholding notice. The employer shall withhold any required
premiums and pay over any amounts so withheld and any
additional amounts the employer pays to the insurance carrier
in a timely manner. The employer or labor union or trade
union shall mail to the obligee, within 15 days of enrollment
or upon request, notice of the date of coverage, information
on the dependent coverage plan, and all forms necessary to
obtain reimbursement for covered health expenses, such as
would be made available to a new employee. When an order for
dependent coverage is in effect and the insurance coverage is
terminated or changed for any reason, the employer or labor
union or trade union shall notify the obligee within 10 days
of the termination or change date along with notice of
conversion privileges.
For withholding of income, the payor shall be entitled to
receive a fee not to exceed $5 per month to be taken from the
income to be paid to the obligor.
(b) Whenever the obligor is no longer receiving income
from the payor, the payor shall return a copy of the income
withholding notice to the obligee or public office and shall
provide information for the purpose of enforcing this Act.
(c) Withholding of income under this Act shall be made
without regard to any prior or subsequent garnishments,
attachments, wage assignments, or any other claims of
creditors. Withholding of income under this Act shall not be
in excess of the maximum amounts permitted under the federal
Consumer Credit Protection Act. Income available for
withholding shall be applied first to the current support
obligation, then to any premium required for employer, labor
union, or trade union-related health insurance coverage
ordered under the order for support, and then to payments
required on past-due support obligations. If there is
insufficient available income remaining to pay the full
amount of the required health insurance premium after
withholding of income for the current support obligation,
then the remaining available income shall be applied to
payments required on past-due support obligations. If the
payor has been served with more than one income withholding
notice pertaining to the same obligor, the payor shall
allocate income available for withholding on a proportionate
share basis, giving priority to current support payments. If
there is any income available for withholding after
withholding for all current support obligations, the payor
shall allocate the income to past due support payments
ordered in cases in which cash assistance under the Illinois
Public Aid Code is not being provided to the obligee and then
to past due support payments ordered in cases in which cash
assistance under the Illinois Public Aid Code is being
provided to the obligee, both on a proportionate share basis.
A payor who complies with an income withholding notice that
is regular on its face shall not be subject to civil
liability with respect to any individual, any agency, or any
creditor of the obligor for conduct in compliance with the
notice.
(d) No payor shall discharge, discipline, refuse to hire
or otherwise penalize any obligor because of the duty to
withhold income.
(Source: P.A. 90-673, eff. 1-1-99; 91-212, eff. 7-20-99;
91-677, eff. 1-5-00.)
Section 30. The Illinois Parentage Act of 1984 is
amended by changing Sections 13.1, 14, 15.1, 18, 21.1, and 22
as follows:
(750 ILCS 45/13.1)
Sec. 13.1. Temporary order for child support.
Notwithstanding any other law to the contrary, pending the
outcome of a judicial determination of parentage, the court
shall issue a temporary order for child support, upon motion
by a party and a showing of clear and convincing evidence of
paternity. In determining the amount of the temporary child
support award, the court shall use the guidelines and
standards set forth in subsection (a) of Section 505 and in
Section 505.2 of the Illinois Marriage and Dissolution of
Marriage Act.
Any new or existing support order entered by the court
under this Section shall be deemed to be a series of
judgments against the person obligated to pay support
thereunder, each such judgment to be in the amount of each
payment or installment of support and each judgment to be
deemed entered as of the date the corresponding payment or
installment becomes due under the terms of the support order.
Each such judgment shall have the full force, effect, and
attributes of any other judgment of this State, including the
ability to be enforced. Any such judgment is subject to
modification or termination only in accordance with Section
510 of the Illinois Marriage and Dissolution of Marriage Act.
A lien arises by operation of law against the real and
personal property of the noncustodial parent for each
installment of overdue support owed by the noncustodial
parent.
All orders for support, when entered or modified, shall
include a provision requiring the non-custodial parent to
notify the court, and in cases in which a party is receiving
child and spouse support enforcement services under Article X
of the Illinois Public Aid Code, the Illinois Department of
Public Aid, within 7 days, (i) of the name, address, and
telephone number of any new employer of the non-custodial
parent, (ii) whether the non-custodial parent has access to
health insurance coverage through the employer or other group
coverage, and, if so, the policy name and number and the
names of persons covered under the policy, and (iii) of any
new residential or mailing address or telephone number of the
non-custodial parent.
In any subsequent action to enforce a support order, upon
sufficient showing that diligent effort has been made to
ascertain the location of the non-custodial parent, service
of process or provision of notice necessary in that action
may be made at the last known address of the non-custodial
parent, in any manner expressly provided by the Code of Civil
Procedure or in this Act, which service shall be sufficient
for purposes of due process.
An order for support shall include a date on which the
current support obligation terminates. The termination date
shall be no earlier than the date on which the child covered
by the order will attain the age of majority or is otherwise
emancipated. The order for support shall state that the
termination date does not apply to any arrearage that may
remain unpaid on that date. Nothing in this paragraph shall
be construed to prevent the court from modifying the order.
(Source: P.A. 90-18, eff. 7-1-97.)
(750 ILCS 45/14) (from Ch. 40, par. 2514)
Sec. 14. Judgment.
(a) (1) The judgment shall contain or explicitly reserve
provisions concerning any duty and amount of child support
and may contain provisions concerning the custody and
guardianship of the child, visitation privileges with the
child, the furnishing of bond or other security for the
payment of the judgment, which the court shall determine in
accordance with the relevant factors set forth in the
Illinois Marriage and Dissolution of Marriage Act and any
other applicable law of Illinois, to guide the court in a
finding in the best interests of the child. In determining
custody, joint custody, or visitation, the court shall apply
the relevant standards of the Illinois Marriage and
Dissolution of Marriage Act. Specifically, in determining the
amount of any child support award, the court shall use the
guidelines and standards set forth in subsection (a) of
Section 505 and in Section 505.2 of the Illinois Marriage and
Dissolution of Marriage Act. For purposes of Section 505 of
the Illinois Marriage and Dissolution of Marriage Act, "net
income" of the non-custodial parent shall include any
benefits available to that person under the Illinois Public
Aid Code or from other federal, State or local
government-funded programs. The court shall, in any event
and regardless of the amount of the non-custodial parent's
net income, in its judgment order the non-custodial parent to
pay child support to the custodial parent in a minimum amount
of not less than $10 per month. In an action brought within 2
years after a child's birth, the judgment or order may direct
either parent to pay the reasonable expenses incurred by
either parent related to the mother's pregnancy and the
delivery of the child. The judgment or order shall contain
the father's social security number, which the father shall
disclose to the court; however, failure to include the
father's social security number on the judgment or order does
not invalidate the judgment or order.
(2) If a judgment of parentage contains no explicit
award of custody, the establishment of a support obligation
or of visitation rights in one parent shall be considered a
judgment granting custody to the other parent. If the
parentage judgment contains no such provisions, custody shall
be presumed to be with the mother; however, the presumption
shall not apply if the father has had physical custody for at
least 6 months prior to the date that the mother seeks to
enforce custodial rights.
(b) The court shall order all child support payments,
determined in accordance with such guidelines, to commence
with the date summons is served. The level of current
periodic support payments shall not be reduced because of
payments set for the period prior to the date of entry of the
support order. The Court may order any child support
payments to be made for a period prior to the commencement of
the action. In determining whether and the extent to which
the payments shall be made for any prior period, the court
shall consider all relevant facts, including the factors for
determining the amount of support specified in the Illinois
Marriage and Dissolution of Marriage Act and other equitable
factors including but not limited to:
(1) The father's prior knowledge of the fact and
circumstances of the child's birth.
(2) The father's prior willingness or refusal to
help raise or support the child.
(3) The extent to which the mother or the public
agency bringing the action previously informed the father
of the child's needs or attempted to seek or require his
help in raising or supporting the child.
(4) The reasons the mother or the public agency did
not file the action earlier.
(5) The extent to which the father would be
prejudiced by the delay in bringing the action.
For purposes of determining the amount of child support
to be paid for any period before the date the order for
current child support is entered, there is a rebuttable
presumption that the father's net income for the prior period
was the same as his net income at the time the order for
current child support is entered.
If (i) the non-custodial parent was properly served with
a request for discovery of financial information relating to
the non-custodial parent's ability to provide child support,
(ii) the non-custodial parent failed to comply with the
request, despite having been ordered to do so by the court,
and (iii) the non-custodial parent is not present at the
hearing to determine support despite having received proper
notice, then any relevant financial information concerning
the non-custodial parent's ability to provide child support
that was obtained pursuant to subpoena and proper notice
shall be admitted into evidence without the need to establish
any further foundation for its admission.
(c) Any new or existing support order entered by the
court under this Section shall be deemed to be a series of
judgments against the person obligated to pay support
thereunder, each judgment to be in the amount of each payment
or installment of support and each such judgment to be deemed
entered as of the date the corresponding payment or
installment becomes due under the terms of the support order.
Each judgment shall have the full force, effect and
attributes of any other judgment of this State, including the
ability to be enforced. A lien arises by operation of law
against the real and personal property of the noncustodial
parent for each installment of overdue support owed by the
noncustodial parent.
(d) If the judgment or order of the court is at variance
with the child's birth certificate, the court shall order
that a new birth certificate be issued under the Vital
Records Act.
(e) On request of the mother and the father, the court
shall order a change in the child's name. After hearing
evidence the court may stay payment of support during the
period of the father's minority or period of disability.
(f) If, upon a showing of proper service, the father
fails to appear in court, or otherwise appear as provided by
law, the court may proceed to hear the cause upon testimony
of the mother or other parties taken in open court and shall
enter a judgment by default. The court may reserve any order
as to the amount of child support until the father has
received notice, by regular mail, of a hearing on the matter.
(g) A one-time charge of 20% is imposable upon the
amount of past-due child support owed on July 1, 1988 which
has accrued under a support order entered by the court. The
charge shall be imposed in accordance with the provisions of
Section 10-21 of the Illinois Public Aid Code and shall be
enforced by the court upon petition.
(h) All orders for support, when entered or modified,
shall include a provision requiring the non-custodial parent
to notify the court and, in cases in which party is receiving
child and spouse support enforcement services under Article X
of the Illinois Public Aid Code, the Illinois Department of
Public Aid, within 7 days, (i) of the name and address of any
new employer of the non-custodial parent, (ii) whether the
non-custodial parent has access to health insurance coverage
through the employer or other group coverage and, if so, the
policy name and number and the names of persons covered under
the policy, and (iii) of any new residential or mailing
address or telephone number of the non-custodial parent. In
any subsequent action to enforce a support order, upon a
sufficient showing that a diligent effort has been made to
ascertain the location of the non-custodial parent, service
of process or provision of notice necessary in the case may
be made at the last known address of the non-custodial parent
in any manner expressly provided by the Code of Civil
Procedure or this Act, which service shall be sufficient for
purposes of due process.
(i) An order for support shall include a date on which
the current support obligation terminates. The termination
date shall be no earlier than the date on which the child
covered by the order will attain the age of majority or is
otherwise emancipated. The order for support shall state
that the termination date does not apply to any arrearage
that may remain unpaid on that date. Nothing in this
subsection shall be construed to prevent the court from
modifying the order.
(j) An order entered under this Section shall include a
provision requiring the obligor to report to the obligee and
to the clerk of court within 10 days each time the obligor
obtains new employment, and each time the obligor's
employment is terminated for any reason. The report shall be
in writing and shall, in the case of new employment, include
the name and address of the new employer. Failure to report
new employment or the termination of current employment, if
coupled with nonpayment of support for a period in excess of
60 days, is indirect criminal contempt. For any obligor
arrested for failure to report new employment bond shall be
set in the amount of the child support that should have been
paid during the period of unreported employment. An order
entered under this Section shall also include a provision
requiring the obligor and obligee parents to advise each
other of a change in residence within 5 days of the change
except when the court finds that the physical, mental, or
emotional health of a party or that of a minor child, or
both, would be seriously endangered by disclosure of the
party's address.
(Source: P.A. 90-18, eff. 7-1-97; 90-539, eff. 6-1-98;
90-655, eff. 7-30-98; 91-767, eff. 6-9-00.)
(750 ILCS 45/15.1) (from Ch. 40, par. 2515.1)
Sec. 15.1. (a) Whenever it is determined in a proceeding
to establish or enforce a child support obligation that the
person owing a duty of support is unemployed, the court may
order the person to seek employment and report periodically
to the court with a diary, listing or other memorandum of his
or her efforts in accordance with such order. Additionally,
the court may order the unemployed person to report to the
Department of Employment Security for job search services or
to make application with the local Job Training Partnership
Act provider for participation in job search, training or
work programs and where the duty of support is owed to a
child receiving child support enforcement services under
Article X of the Illinois Public Aid Code, as amended, the
court may order the unemployed person to report to the
Illinois Department of Public Aid for participation in job
search, training or work programs established under Section
9-6 and Article IXA of that Code.
(b) Whenever it is determined that a person owes
past-due support for a child, and the child is receiving
assistance under the Illinois Public Aid Code, the court
shall order the following at the request of the Illinois
Department of Public Aid:
(1) that the person pay the past-due support in
accordance with a plan approved by the court; or
(2) if the person owing past-due support is
unemployed, is subject to such a plan, and is not
incapacitated, that the person participate in such job
search, training, or work programs established under
Section 9-6 and Article IXA of the Illinois Public Aid
Code as the court deems appropriate.
(Source: P.A. 90-18, eff. 7-1-97; 91-357, eff. 7-29-99.)
(750 ILCS 45/18) (from Ch. 40, par. 2518)
Sec. 18. Right to Counsel; Free Transcript on Appeal.
(a) Any party may be represented by counsel at all
proceedings under this Act.
(a-5) In any proceedings involving the support, custody,
visitation, education, parentage, property interest, or
general welfare of a minor or dependent child, the court may,
on its own motion or that of any party, and subject to the
terms or specifications the court determines, appoint an
attorney to serve in one of the following capacities:
(1) as an attorney to represent the child;
(2) as a guardian ad litem to address issues the
court delineates;
(3) as a child's representative whose duty shall be
to advocate what the representative finds to be in the
best interests of the child after reviewing the facts and
circumstances of the case. The child's representative
shall have the same power and authority to take part in
the conduct of the litigation as does an attorney for a
party and shall possess all the powers of investigation
and recommendation as does a guardian ad litem. The
child's representative shall consider, but not be bound
by, the expressed wishes of the child. A child's
representative shall have received training in child
advocacy or shall possess such experience as determined
to be equivalent to such training by the chief judge of
the circuit where the child's representative has been
appointed. The child's representative shall not disclose
confidential communications made by the child, except as
required by law or by the Rules of Professional Conduct.
The child's representative shall not be called as a
witness regarding the issues set forth in this
subsection.
During the proceedings the court may appoint an
additional attorney to serve in another of the capacities
described in subdivisions (1), (2), or (3) of the preceding
paragraph on its own motion or that of a party only for good
cause shown and when the reasons for the additional
appointment are set forth in specific findings.
The court shall enter an order as appropriate for costs,
fees, and disbursements, including a retainer, when the
attorney, guardian ad litem, or child's representative is
appointed, and thereafter as necessary. Such orders shall
require payment by either or both parents, by any other party
or source, or from the marital estate or the child's separate
estate. The court may not order payment by the Illinois
Department of Public Aid in cases in which the Department is
providing child and spouse support enforcement services under
Article X of the Illinois Public Aid Code. Unless otherwise
ordered by the court at the time fees and costs are approved,
all fees and costs payable to an attorney, guardian ad litem,
or child's representative under this Section are by
implication deemed to be in the nature of support of the
child and are within the exceptions to discharge in
bankruptcy under 11 U.S.C.A. 523. The provisions of Sections
501 and 508 of this Act shall apply to fees and costs for
attorneys appointed under this Section.
(b) Upon the request of a mother or child seeking to
establish the existence of a father and child relationship,
the State's Attorney shall represent the mother or child in
the trial court. If the child is an applicant for or a
recipient of assistance as defined in Section 2-6 of "The
Illinois Public Aid Code", approved April 11, 1967, as
amended, or has applied to the Illinois Department of Public
Aid for services under Article X of such Code, the Department
may file a complaint in the child's behalf under this Act.
The Department shall refer the complaint to the Public Aid
Claims Enforcement Division of the Office of the Attorney
General as provided in Section 12-16 of "The Illinois Public
Aid Code" for enforcement by the Attorney General. Legal
representation by the State's Attorney or the Attorney
General shall be limited to the establishment and enforcement
of an order for support, and shall not extend to visitation,
custody, property or other matters. If visitation, custody,
property or other matters are raised by a party and
considered by the court in any proceeding under this Act, the
court shall provide a continuance sufficient to enable the
mother or child to obtain representation for such matters.
(c) The Court may appoint counsel to represent any
indigent defendant in the trial court, except that this
representation shall be limited to the establishment of a
parent and child relationship and an order for support, and
shall not extend to visitation, custody, property,
enforcement of an order for support, or other matters. If
visitation, custody, property or other matters are raised by
a party and considered by the court in any proceeding under
this Act, the court shall provide a continuance sufficient to
enable the defendant to obtain representation for such
matters.
(d) The court shall furnish on request of any indigent
party a transcript for purposes of appeal.
(Source: P.A. 90-23, eff. 1-1-98; 91-410, eff. 1-1-00.)
(750 ILCS 45/21.1)
Sec. 21.1. Payment of Support to State Disbursement Unit.
(a) As used in this Section:
"Order for support", "obligor", "obligee", and "payor"
mean those terms as defined in the Income Withholding for
Support Act, except that "order for support" shall not mean
orders providing for spousal maintenance under which there is
no child support obligation.
(b) Notwithstanding any other provision of this Act to
the contrary, each order for support entered or modified on
or after October 1, 1999 shall require that support payments
be made to the State Disbursement Unit established under
Section 10-26 of the Illinois Public Aid Code if:
(1) a party to the order is receiving child and
spouse support enforcement services under Article X of
the Illinois Public Aid Code; or
(2) no party to the order is receiving child and
spouse support enforcement services, but the support
payments are made through income withholding.
(c) Support payments shall be made to the State
Disbursement Unit if:
(1) the order for support was entered before
October 1, 1999, and a party to the order is receiving
child and spouse support enforcement services under
Article X of the Illinois Public Aid Code; or
(2) no party to the order is receiving child and
spouse support enforcement services, and the support
payments are being made through income withholding.
(c-5) If no party to the order is receiving child and
spouse support enforcement services under Article X of the
Illinois Public Aid Code, and the support payments are not
made through income withholding, then support payments shall
be made as directed by the order for support.
(c-10) At any time, and notwithstanding the existence of
an order directing payments to be made elsewhere, the
Department of Public Aid may provide notice to the obligor
and, where applicable, to the obligor's payor:
(1) to make support payments to the State
Disbursement Unit if:
(A) a party to the order for support is
receiving child support enforcement services under
Article X of the Illinois Public Aid Code; or
(B) no party to the order for support is
receiving child support enforcement services under
Article X of the Illinois Public Aid Code, but the
support payments are made through income
withholding; or
(2) to make support payments to the State
Disbursement Unit of another state upon request of
another state's Title IV-D child support enforcement
agency, in accordance with the requirements of Title IV,
Part D of the Social Security Act and regulations
promulgated under that Part D.
The Department of Public Aid shall provide a copy of the
notice to the obligee and to the clerk of the circuit court.
Within 15 days after the effective date of this amendatory
Act of the 91st General Assembly, the Illinois Department
shall provide written notice to the clerk of the circuit
court, the obligor, and, where applicable, the obligor's
payor to make payments to the State Disbursement Unit if:
(1) the order for support was entered before
October 1, 1999, and a party to the order is receiving
child and spouse support services under Article X of the
Illinois Public Aid Code; or
(2) no party to the order is receiving child and
spouse support services, and the support payments are
being made through income withholding.
(c-15) Within 15 days after the effective date of this
amendatory Act of the 91st General Assembly, the clerk of the
circuit court shall provide written notice to the obligor to
directly to the clerk of the circuit court if no party to the
order is receiving child and spouse support enforcement
services under Article X of the Illinois Public Aid Code, the
support payments are not made through income withholding, and
the order for support requires support payments to be made
directly to the clerk of the circuit court. The clerk shall
provide a copy of the notice to the obligee.
(c-20) If the State Disbursement Unit receives a support
payment that was not appropriately made to the Unit under
this Section, the Unit shall immediately return the payment
to the sender, including, if possible, instructions detailing
where to send the support payments.
(d) The notices required under subsections (c-10) and
(c-15) may be sent by ordinary mail, certified mail, return
receipt requested, facsimile transmission, or other
electronic process, or may be served upon the obligor or
payor using any method provided by law for service of a
summons. The Illinois Department of Public Aid shall provide
a copy of the notice to the obligee and to the clerk of the
court.
(Source: P.A. 91-212, eff. 7-20-99; 91-677, eff. 1-5-00.)
(750 ILCS 45/22) (from Ch. 40, par. 2522)
Sec. 22. In all cases instituted by the Illinois
Department of Public Aid on behalf of a child or spouse,
other than one receiving a grant of financial aid under
Article IV of The Illinois Public Aid Code, on whose behalf
an application has been made and approved for child support
enforcement services as provided by Section 10-1 of that
Code, the court shall impose a collection fee on the
individual who owes a child or spouse support obligation in
an amount equal to 10% of the amount so owed as long as such
collection is required by federal law, which fee shall be in
addition to the support obligation. The imposition of such
fee shall be in accordance with provisions of Title IV, Part
D, of the Social Security Act and regulations duly
promulgated thereunder. The fee shall be payable to the
clerk of the circuit court for transmittal to the Illinois
Department of Public Aid and shall continue until support
services are terminated by that Department.
(Source: P.A. 83-1372.)
Section 35. The Unemployment Insurance Act is amended by
changing Section 1300 as follows:
(820 ILCS 405/1300) (from Ch. 48, par. 540)
Sec. 1300. Waiver or transfer of benefit rights -
Partial exemption.
(A) Except as otherwise provided herein any agreement by
an individual to waive, release or commute his rights under
this Act shall be void.
(B) Benefits due under this Act shall not be assigned,
pledged, encumbered, released or commuted and shall be exempt
from all claims of creditors and from levy, execution and
attachment or other remedy for recovery or collection of a
debt. However, nothing in this Section shall prohibit a
specified or agreed upon deduction from benefits by an
individual, or a court or administrative order for
withholding of income, for payment of past due child support
from being enforced and collected by the Department of Public
Aid on behalf of persons receiving a grant of financial aid
under Article IV of the Illinois Public Aid Code, persons for
whom an application has been made and approved for child
support enforcement services under Section 10-1 of such Code,
or persons similarly situated and receiving like support
services in other states. It is provided that:
(1) The aforementioned deduction of benefits and
order for withholding of income apply only if appropriate
arrangements have been made for reimbursement to the
Director by the Department of Public Aid for any
administrative costs incurred by the Director under this
Section.
(2) The Director shall deduct and withhold from
benefits payable under this Act, or under any arrangement
for the payment of benefits entered into by the Director
pursuant to the powers granted under Section 2700 of this
Act, the amount specified or agreed upon. In the case of
a court or administrative order for withholding of
income, the Director shall withhold the amount of the
order.
(3) Any amount deducted and withheld by the
Director shall be paid to the Department of Public Aid or
the State Disbursement Unit established under Section
10-26 of the Illinois Public Aid Code, as directed by the
Department of Public Aid, on behalf of the individual.
(4) Any amount deducted and withheld under
subsection (3) shall for all purposes be treated as if it
were paid to the individual as benefits and paid by such
individual to the Department of Public Aid or the State
Disbursement Unit in satisfaction of the individual's
child support obligations.
(5) For the purpose of this Section, child support
is defined as those obligations which are being enforced
pursuant to a plan described in Title IV, Part D, Section
454 of the Social Security Act and approved by the
Secretary of Health and Human Services.
(6) The deduction of benefits and order for
withholding of income for child support shall be governed
by Titles III and IV of the Social Security Act and all
regulations duly promulgated thereunder.
(C) Nothing in this Section prohibits an individual from
voluntarily electing to have federal income tax deducted and
withheld from his or her unemployment insurance benefit
payments.
(1) The Director shall, at the time that an
individual files his or her claim for benefits that
establishes his or her benefit year, inform the
individual that:
(a) unemployment insurance is subject to
federal, State, and local income taxes;
(b) requirements exist pertaining to estimated
tax payments;
(c) the individual may elect to have federal
income tax deducted and withheld from his or her
payments of unemployment insurance in the amount
specified in the federal Internal Revenue Code; and
(d) the individual is permitted to change a
previously elected withholding status.
(2) Amounts deducted and withheld from unemployment
insurance shall remain in the unemployment fund until
transferred to the federal taxing authority as a payment
of income tax.
(3) The Director shall follow all procedures
specified by the United States Department of Labor and
the federal Internal Revenue Service pertaining to the
deducting and withholding of income tax.
(4) Amounts shall be deducted and withheld in
accordance with the priorities established in rules
promulgated by the Director.
(D) Nothing in this Section prohibits an individual from
voluntarily electing to have State of Illinois income tax
deducted and withheld from his or her unemployment insurance
benefit payments if such deduction and withholding is
provided for pursuant to rules promulgated by the Director.
(1) If pursuant to rules promulgated by the
Director, an individual may voluntarily elect to have
State of Illinois income tax deducted and withheld from
his or her unemployment insurance benefit payments, the
Director shall, at the time that an individual files his
or her claim for benefits that establishes his or her
benefit year, in addition to providing the notice
required under subsection C, inform the individual that:
(a) the individual may elect to have State of
Illinois income tax deducted and withheld from his
or her payments of unemployment insurance in the
amount specified pursuant to rules promulgated by
the Director; and
(b) the individual is permitted to change a
previously elected withholding status.
(2) Amounts deducted and withheld from unemployment
insurance shall remain in the unemployment fund until
transferred to the Department of Revenue as a payment of
State of Illinois income tax.
(3) Amounts shall be deducted and withheld in
accordance with the priorities established in rules
promulgated by the Director.
(E) Nothing in this Section prohibits the deduction and
withholding of an uncollected overissuance of food stamp
coupons from unemployment insurance benefits pursuant to this
subsection (E).
(1) At the time that an individual files a claim
for benefits that establishes his or her benefit year,
that individual must disclose whether or not he or she
owes an uncollected overissuance (as defined in Section
13(c)(1) of the federal Food Stamp Act of 1977) of food
stamp coupons. The Director shall notify the State food
stamp agency enforcing such obligation of any individual
who discloses that he or she owes an uncollected
overissuance of food stamp coupons and who meets the
monetary eligibility requirements of subsection E of
Section 500.
(2) The Director shall deduct and withhold from any
unemployment insurance benefits payable to an individual
who owes an uncollected overissuance of food stamp
coupons:
(a) the amount specified by the individual to
the Director to be deducted and withheld under this
subsection (E);
(b) the amount (if any) determined pursuant to
an agreement submitted to the State food stamp
agency under Section 13(c)(3)(A) of the federal Food
Stamp Act of 1977; or
(c) any amount otherwise required to be
deducted and withheld from unemployment insurance
benefits pursuant to Section 13(c)(3)(B) of the
federal Food Stamp Act of 1977.
(3) Any amount deducted and withheld pursuant to
this subsection (E) shall be paid by the Director to the
State food stamp agency.
(4) Any amount deducted and withheld pursuant to
this subsection (E) shall for all purposes be treated as
if it were paid to the individual as unemployment
insurance benefits and paid by the individual to the
State food stamp agency as repayment of the individual's
uncollected overissuance of food stamp coupons.
(5) For purposes of this subsection (E),
"unemployment insurance benefits" means any compensation
payable under this Act including amounts payable by the
Director pursuant to an agreement under any federal law
providing for compensation, assistance, or allowances
with respect to unemployment.
(6) This subsection (E) applies only if
arrangements have been made for reimbursement by the
State food stamp agency for the administrative costs
incurred by the Director under this subsection (E) which
are attributable to the repayment of uncollected
overissuances of food stamp coupons to the State food
stamp agency.
(Source: P.A. 90-425, eff. 8-15-97; 90-554, eff. 12-12-97;
91-212, eff. 7-20-99; 91-712, eff. 7-1-00.)
Section 99. Effective date. This Act takes effect on
July 1, 2002.
Passed in the General Assembly May 09, 2002.
Approved June 26, 2002.
Effective July 01, 2002.
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