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305 ILCS 5/10-1
(305 ILCS 5/10-1) (from Ch. 23, par. 10-1)
Sec. 10-1. Declaration of public policy; persons eligible for child 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 Department of Healthcare and Family Services 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 establishment or enforcement actions provided in this Article do not require a previous court order for custody/allocation of parental responsibilities.
The child 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 physical or legal 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, including statutory interest thereon, up to
the amount of financial aid provided. The rights to support assigned to
the Department of Healthcare and Family Services (formerly
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 Department of Healthcare and Family Services shall also furnish the child 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
Department of Healthcare and Family Services 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 support enforcement services under this
Article X. Such
publications
shall set forth an explanation, in plain language, that the child
support enforcement services program is independent of any public
aid program under the Code and that the receiving of child
support
enforcement services in no way implies that the person
receiving such services is receiving
public aid.
(Source: P.A. 102-541, eff. 8-20-21; 102-813, eff. 5-13-22.)
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