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91_HB3356
LRB9110276WHcs
1 AN ACT concerning child support, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Administrative Procedure Act is
5 amended by changing Section 10-65 as follows:
6 (5 ILCS 100/10-65) (from Ch. 127, par. 1010-65)
7 Sec. 10-65. Licenses.
8 (a) When any licensing is required by law to be preceded
9 by notice and an opportunity for a hearing, the provisions of
10 this Act concerning contested cases shall apply.
11 (b) When a licensee has made timely and sufficient
12 application for the renewal of a license or a new license
13 with reference to any activity of a continuing nature, the
14 existing license shall continue in full force and effect
15 until the final agency decision on the application has been
16 made unless a later date is fixed by order of a reviewing
17 court.
18 (c) An application for the renewal of a license or a new
19 license shall include the applicant's social security number.
20 Each agency shall require the licensee to certify on the
21 application form, under penalty of perjury, that he or she is
22 not more than 30 days delinquent in complying with a child
23 support order. Every application shall state that failure to
24 so certify shall result in disciplinary action, and that
25 making a false statement may subject the licensee to contempt
26 of court. The agency shall notify each applicant or licensee
27 who acknowledges a delinquency or who, contrary to his or her
28 certification, is found to be delinquent or who after
29 receiving notice, fails to comply with a subpoena or warrant
30 relating to a paternity or a child support proceeding, that
31 the agency intends to take disciplinary action. Accordingly,
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1 the agency shall provide written notice of the facts or
2 conduct upon which the agency will rely to support its
3 proposed action and the applicant or licensee shall be given
4 an opportunity for a hearing in accordance with the
5 provisions of the Act concerning contested cases. Any
6 delinquency in complying with a child support order can be
7 remedied by arranging for payment of past due and current
8 support. Any failure to comply with a subpoena or warrant
9 relating to a paternity or child support proceeding can be
10 remedied by complying with the subpoena or warrant. Upon a
11 final finding of delinquency or failure to comply with a
12 subpoena or warrant, the agency shall suspend, revoke, or
13 refuse to issue or renew the license. In cases in which the
14 Department of Public Aid (before the effective date of this
15 amendatory Act of the 91st General Assembly) or the Attorney
16 General (on and after that date) has previously determined
17 that an applicant or a licensee is more than 30 days
18 delinquent in the payment of child support and has
19 subsequently certified the delinquency to the licensing
20 agency, and in cases in which a court has previously
21 determined that an applicant or licensee has been in
22 violation of the Non-Support Punishment Act for more than 60
23 days, the licensing agency shall refuse to issue or renew or
24 shall revoke or suspend that person's license based solely
25 upon the certification of delinquency made by the Department
26 of Public Aid or the Attorney General or the certification of
27 violation made by the court. Further process, hearings, or
28 redetermination of the delinquency or violation by the
29 licensing agency shall not be required. The licensing
30 agency may issue or renew a license if the licensee has
31 arranged for payment of past and current child support
32 obligations in a manner satisfactory to the Department of
33 Public Aid (before the effective date of this amendatory Act
34 of the 91st General Assembly) or the Attorney General (on and
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1 after that date) or the court. The licensing agency may
2 impose conditions, restrictions, or disciplinary action upon
3 that license.
4 (d) Except as provided in subsection (c), no agency
5 shall revoke, suspend, annul, withdraw, amend materially, or
6 refuse to renew any valid license without first giving
7 written notice to the licensee of the facts or conduct upon
8 which the agency will rely to support its proposed action and
9 an opportunity for a hearing in accordance with the
10 provisions of this Act concerning contested cases. At the
11 hearing, the licensee shall have the right to show compliance
12 with all lawful requirements for the retention, continuation,
13 or renewal of the license. If, however, the agency finds
14 that the public interest, safety, or welfare imperatively
15 requires emergency action, and if the agency incorporates a
16 finding to that effect in its order, summary suspension of a
17 license may be ordered pending proceedings for revocation or
18 other action. Those proceedings shall be promptly instituted
19 and determined.
20 (e) Any application for renewal of a license that
21 contains required and relevant information, data, material,
22 or circumstances that were not contained in an application
23 for the existing license shall be subject to the provisions
24 of subsection (a).
25 (Source: P.A. 90-18, eff. 7-1-99; 91-613, eff. 10-1-99.)
26 Section 10. The Intergovernmental Cooperation Act is
27 amended by changing Section 3 as follows:
28 (5 ILCS 220/3) (from Ch. 127, par. 743)
29 Sec. 3. Intergovernmental cooperation. Any power or
30 powers, privileges, functions, or authority exercised or
31 which may be exercised by a public agency of this State may
32 be exercised, combined, transferred, and enjoyed jointly with
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1 any other public agency of this State and jointly with any
2 public agency of any other state or of the United States to
3 the extent that laws of such other state or of the United
4 States do not prohibit joint exercise or enjoyment and except
5 where specifically and expressly prohibited by law. This
6 includes, but is not limited to, (i) arrangements between the
7 Illinois Student Assistance Commission and agencies in other
8 states which issue professional licenses and (ii) agreements
9 between the Illinois Department of Public Aid (before the
10 effective date of this amendatory Act of the 91st General
11 Assembly) or the Attorney General (on and after that date)
12 and public agencies for the establishment and enforcement of
13 child support orders and for the exchange of information that
14 may be necessary for the enforcement of those child support
15 orders.
16 (Source: P.A. 90-18, eff. 7-1-97; 91-298, eff. 7-29-99.)
17 Section 15. The Attorney General Act is amended by
18 changing Section 4 and adding Sections 7.1 through 7.295 as
19 follows:
20 (15 ILCS 205/4) (from Ch. 14, par. 4)
21 Sec. 4. The duties of the Attorney General shall be--
22 First - To appear for and represent the people of the
23 State before the supreme court in all cases in which the
24 State or the people of the State are interested.
25 Notwithstanding this provision, the Office of Public Counsel
26 shall be authorized to represent the interests of the people
27 of the State in all proceedings pertinent to utility
28 regulation, including cases before the supreme court, where
29 any such case is properly brought by the Office pursuant to
30 its statutory duties and powers.
31 Second - To institute and prosecute all actions and
32 proceedings in favor of or for the use of the State, which
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1 may be necessary in the execution of the duties of any State
2 officer.
3 Third - To defend all actions and proceedings against any
4 State officer, in his official capacity, in any of the courts
5 of this State or the United States.
6 Fourth - To consult with and advise the several State's
7 Attorneys in matters relating to the duties of their office;
8 and when, in his judgment, the interest of the people of the
9 State requires it, he shall attend the trial of any party
10 accused of crime, and assist in the prosecution. When the
11 Attorney General has requested in writing that a State's
12 Attorney initiate court proceedings to enforce any provisions
13 of the Election Code or to initiate a criminal prosecution
14 with respect to a violation of the Election Code, and when
15 the State's Attorney has declined in writing to initiate
16 those proceedings or prosecutions or when the State's
17 Attorney has neither initiated the proceedings or
18 prosecutions nor responded in writing to the Attorney General
19 within 60 days of the receipt of the request, the Attorney
20 General may, concurrently with or independently of the
21 State's Attorney, initiate such proceedings or prosecutions.
22 Fifth - To investigate alleged violations of the statutes
23 which the Attorney General has a duty to enforce and to
24 conduct other investigations in connection with assisting in
25 the prosecution of a criminal offense at the request of a
26 State's Attorney.
27 Sixth - To consult with and advise the governor and other
28 State officers, and give, when requested, written opinions
29 upon all legal or constitutional questions relating to the
30 duties of such officers respectively.
31 Seventh - To prepare, when necessary, proper drafts for
32 contracts and other writings relating to subjects in which
33 the State is interested.
34 Eighth - To give written opinions, when requested by
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1 either branch of the general assembly, or any committee
2 thereof, upon constitutional or legal questions.
3 Ninth - To enforce the proper application of funds
4 appropriated to the public institutions of the State,
5 prosecute breaches of trust in the administration of such
6 funds, and, when necessary, prosecute corporations for
7 failure or refusal to make the reports required by law.
8 Tenth - To keep, a register of all cases prosecuted or
9 defended by him, in behalf of the State or its officers, and
10 of all proceedings had in relation thereto, and to deliver
11 the same to his successor in office.
12 Eleventh - To keep on file in his office a copy of the
13 official opinions issued by the Attorney General and deliver
14 same to his successor.
15 Twelfth - To pay into the State treasury all moneys
16 received by him for the use of the State, except as otherwise
17 provided in this Act.
18 Thirteenth - To attend to and perform any other duty
19 which may, from time to time, be required of him by law.
20 Fourteenth - To attend, present evidence to and prosecute
21 indictments returned by each Statewide Grand Jury.
22 (Source: P.A. 87-466.)
23 (15 ILCS 205/7.1 new)
24 Sec. 7.1. Transfer of powers from Department of Public
25 Aid.
26 (a) On the effective date of this amendatory Act of the
27 91st General Assembly, all the rights, powers, and duties
28 vested by law in the Illinois Department of Public Aid or the
29 Department's Child and Spouse Support Unit under Article X of
30 the Illinois Public Aid Code are transferred to the Attorney
31 General. Wherever, in any other Act, there is a reference to
32 the Illinois Department of Public Aid or the Department's
33 Child and Spouse Support Unit or to an officer, employee, or
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1 agent of that Department or Unit concerning rights, powers,
2 and duties vested or performed under the authority of Article
3 X of the Illinois Public Aid Code, that reference, beginning
4 on the effective date of this amendatory Act of the 91st
5 General Assembly, means the Attorney General, the Child and
6 Spouse Support Unit established under Section 7.20 of this
7 Act, or an officer, employee, or agent of the Attorney
8 General or the Child and Spouse Support Unit established
9 under Section 7.20.
10 (b) All books, records, property, pending business, and
11 funds pertaining to the rights, powers, and duties
12 transferred under this Section and in the custody of the
13 Illinois Department of Public Aid or the Department's Child
14 and Spouse Support Unit on the effective date of this
15 amendatory Act of the 91st General Assembly shall be
16 delivered and transferred to the Attorney General on that
17 date.
18 (c) Beginning on the effective date of this amendatory
19 Act of the 91st General Assembly, the rights, powers, and
20 duties transferred by this Section to the Attorney General
21 shall be vested in and shall be exercised by the Attorney
22 General subject to the provisions of this Section through
23 Section 7.295. Each act done in the exercise of those
24 rights, powers, and duties shall have the same legal effect
25 as if done by the Illinois Department of Public Aid or that
26 Department's Child and Spouse Support Unit.
27 (d) Beginning on the effective date of this amendatory
28 Act of the 91st General Assembly, every person and other
29 legal entity shall be subject to the same obligations and
30 duties, and civil and criminal penalties arising from those
31 obligations and duties, and shall have the same rights
32 arising from the exercise of rights, powers, and duties by
33 the Attorney General or an officer, employee, or agent of the
34 Attorney General, as if those rights, powers, and duties have
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1 been exercised by the Illinois Department of Public Aid, that
2 Department's Child and Spouse Support Unit, or an officer,
3 employee, or agent of that Department or Unit.
4 (e) Whenever reports or notices are now required to be
5 made or given or papers or documents furnished or served by
6 any person to or upon the Illinois Department of Public Aid
7 or that Department's Child and Spouse Support Unit under
8 Article X of the Illinois Public Aid Code, those reports or
9 notices shall, on and after the effective date of this
10 amendatory Act of the 91st General Assembly, be made, given,
11 furnished, or served in the same manner to or upon the
12 Attorney General.
13 (f) The provisions of this Section through Section 7.295
14 do not affect any act done, ratified, or cancelled, or any
15 right occurring or established, or any action or proceeding
16 had or commenced in an administrative, civil, or criminal
17 cause before the effective date of this amendatory Act of the
18 91st General Assembly by the Illinois Department of Public
19 Aid or that Department's Child and Spouse Support Unit under
20 Article X of the Illinois Public Aid Code, and those actions
21 or proceedings may be prosecuted and continued by the
22 Attorney General.
23 (g) No by-law, rule, or regulation adopted by the
24 Illinois Department of Public Aid as an exercise of a right,
25 power, or duty that has been transferred to the Attorney
26 General under this Section through Section 7.295 shall be
27 affected by those Sections. On the effective date of this
28 amendatory Act of the 91st General Assembly, those by-laws,
29 rules, and regulations shall become the by-laws, rules, and
30 regulations of the Attorney General.
31 (h) If waivers of any federal law or regulation are
32 necessary to enable the Attorney General to implement any
33 provisions of this amendatory Act of the 91st General
34 Assembly, the Attorney General, promptly after the effective
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1 date of this amendatory Act of the 91st General Assembly,
2 shall apply for those waivers, and implementation of those
3 provisions is conditioned on the Attorney General's receipt
4 of those waivers.
5 (i) Personnel employed by the Illinois Department of
6 Public Aid to perform functions that are transferred by this
7 amendatory Act of the 91st General Assembly to the Attorney
8 General shall, upon the effective date of this amendatory Act
9 of the 91st General Assembly, become employees of the Office
10 of the Attorney General. All transferred employees who are
11 members of collective bargaining units shall retain their
12 seniority, continuous service, salary, and accrued benefits.
13 During the pendency of the existing collective bargaining
14 agreement, the rights provided for under that agreement and
15 memoranda and supplements to that agreement, including, but
16 not limited to, the right of employees in the Child and
17 Spouse Support Unit to positions in other State agencies and
18 the right of employees in other State agencies covered by the
19 agreement to positions in the Child and Spouse Support Unit,
20 shall not be abridged.
21 The Office of the Attorney General shall continue to
22 honor all collective bargaining agreements in effect at the
23 time of the transfer and to recognize all collective
24 bargaining representatives for the employees who perform or
25 will perform functions transferred by this amendatory Act of
26 the 91st General Assembly. For all purposes with respect to
27 the management of the existing agreement and the negotiation
28 and management of any successor agreements, the Attorney
29 General shall be deemed to be the employer of employees who
30 perform or will perform functions transferred by this
31 amendatory Act of the 91st General Assembly; provided that
32 the Illinois Department of Central Management Services shall
33 be a party to any grievance or arbitration proceeding held
34 pursuant to the provisions of the collective bargaining
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1 agreement which involves the movement of employees from the
2 Office of the Attorney General to an agency under the
3 jurisdiction of the Governor covered by the agreement.
4 (j) Personnel employed by the Department of Public Aid
5 to perform functions that are not clearly classifiable as
6 being related to the determination and enforcement of support
7 responsibility of relatives under Article X of the Illinois
8 Public Aid Code or who are employed to perform complex
9 functions that are transferred only in part to the Attorney
10 General under this amendatory Act of the 91st General
11 Assembly shall be assigned to the appropriate Department by
12 the Director of Public Aid and the Attorney General, in
13 consultation with the Director of Central Management
14 Services.
15 (k) The rights of State employees, the State, and its
16 agencies under applicable retirement plans are not affected
17 by this amendatory Act of the 91st General Assembly.
18 (15 ILCS 205/7.5 new)
19 Sec. 7.5. Public policy; persons eligible for services;
20 fees. It is the intent of the Illinois Public Aid Code that
21 the financial aid and social welfare services provided under
22 that Code supplement rather than supplant the primary and
23 continuing obligation of the family unit for self-support to
24 the fullest extent permitted by the resources available to
25 it. This primary and continuing obligation applies whether
26 the family unit of parents and children or of husband and
27 wife remains intact and resides in a common household or
28 whether the unit has been broken by absence of one or more
29 members of the unit. The obligation of the family unit is
30 particularly applicable when a member is in necessitous
31 circumstances and lacks the means of a livelihood compatible
32 with health and well-being.
33 It is the purpose of Sections 7.1 through 7.295 to
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1 provide for locating an absent parent or spouse, for
2 determining his or her financial circumstances, and for
3 enforcing his or her legal obligation of support, if he or
4 she is able to furnish support, in whole or in part. The
5 Attorney General shall give priority to establishing,
6 enforcing and collecting the current support obligation, and
7 then to past due support owed to the family unit, except with
8 respect to collections effected through the intercept
9 programs provided for in Sections 7.1 through 7.295.
10 The child and spouse support services provided under
11 Sections 7.1 through 7.295 shall be furnished dependents of
12 an absent parent or spouse who are applicants for or
13 recipients of financial aid under the Illinois Public Aid
14 Code. It is not, however, a condition of eligibility for
15 financial aid under that Code that there be no responsible
16 relatives who are reasonably able to provide support. Nor,
17 except as provided in Section 4-1.7 of that Code and Section
18 7.50 of this Act, shall the existence of such relatives or
19 their payment of support contributions disqualify a needy
20 person for financial aid.
21 By accepting financial aid under the Illinois Public Aid
22 Code, a spouse or a parent or other person having custody of
23 a child shall be deemed to have made assignment to the State
24 of Illinois (for aid under Articles III, IV, V, and VII of
25 that Code) or to a local governmental unit (for aid under
26 Article VI of that Code) of all rights, title, and interest
27 in any support obligation up to the amount of financial aid
28 provided by that department or local governmental unit. The
29 rights to support assigned to the State of Illinois or local
30 governmental unit shall constitute an obligation owed the
31 State or local governmental unit by the person who is
32 responsible for providing the support, and shall be
33 collectible under all applicable processes.
34 The Attorney General shall also furnish the child and
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1 spouse support services established under Sections 7.1
2 through 7.295 in behalf of spouses and dependent children who
3 are not applicants for or recipients of financial aid under
4 the Illinois Public Aid Code in accordance with the
5 requirements of Title IV, Part D of the Social Security Act.
6 The Attorney General may establish a schedule of reasonable
7 fees, to be paid for the services provided and may deduct a
8 collection fee, not to exceed 10% of the amount collected,
9 from such collection. The Attorney General shall cause to be
10 published and distributed publications reasonably calculated
11 to inform the public that individuals who are not recipients
12 of or applicants for public aid under the Illinois Public Aid
13 Code are eligible for the child and spouse support services
14 under Sections 7.1 through 7.295. Such publications shall
15 set forth an explanation, in plain language, that the child
16 and spouse support services program is independent of any
17 public aid program under the Code and that the receiving of
18 child and spouse support service in no way implies that the
19 person receiving such service is receiving public aid.
20 (15 ILCS 205/7.10 new)
21 Sec. 7.10. Extent of liability. A husband is liable for
22 the support of his wife and a wife for the support of her
23 husband. The parents are severally liable for the support of
24 any child under the age of 18, except that a parent is not
25 liable for a child of any age if the child has married and is
26 not living with the parent or parents. The term "child"
27 includes a child born out of wedlock or legally adopted
28 child.
29 In addition to the primary obligation of support imposed
30 upon responsible relatives, such relatives, if individually
31 or together in any combination they have sufficient income or
32 other resources to support a needy person, in whole or in
33 part, shall be liable for any financial aid extended under
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1 the Illinois Public Aid Code to a person for whose support
2 they are responsible, including amounts expended for funeral
3 and burial costs.
4 (15 ILCS 205/7.15 new)
5 Sec. 7.15. Standard for determining ability to support.
6 The Attorney General shall establish a standard by which
7 shall be measured the ability of responsible relatives to
8 provide support, and shall implement the standard by rules
9 governing its application. The standard and the rules shall
10 take into account the buying and consumption patterns of
11 self-supporting persons of modest income, present or future
12 contingencies having direct bearing on maintenance of the
13 relative's self-support status and fulfillment of his or her
14 obligations to his or her immediate family, and any unusual
15 or exceptional circumstances including estrangement or other
16 personal or social factors, that have a bearing on family
17 relationships and the relative's ability to meet his or her
18 support obligations. The standard shall be recomputed
19 periodically to reflect changes in the cost of living and
20 other pertinent factors.
21 In addition to the standard, the Attorney General may
22 establish guidelines to be used exclusively to measure the
23 ability of responsible relatives to provide support on behalf
24 of applicants for or recipients of financial aid under
25 Article IV of the Illinois Public Aid Code and other persons
26 who are given access to the child and spouse support services
27 of Sections 7.1 through 7.295 of this Act as provided in
28 Section 7.5. In such case, the Attorney General shall base
29 the guidelines upon the applicable provisions of Sections
30 504, 505 and 505.2 of the Illinois Marriage and Dissolution
31 of Marriage Act and shall implement such guidelines by rules
32 governing their application.
33 The term "administration enforcement unit", when used in
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1 Sections 7.5 through 7.295, means local governmental units or
2 the Child and Spouse Support Unit established under Section
3 7.20 when exercising the powers designated in Sections 7.1
4 through 7.295. The administrative enforcement unit shall
5 apply the standard or guidelines, rules and procedures
6 provided for by this Section and Sections 7.30 through 7.50
7 in determining the ability of responsible relatives to
8 provide support for applicants for or recipients of financial
9 aid under the Illinois Public Aid Code, except that the
10 administrative enforcement unit may apply such standard or
11 guidelines, rules and procedures at its discretion with
12 respect to those applicants for or recipients of financial
13 aid under Article IV of that Code and other persons who are
14 given access to the child and spouse support services of
15 Sections 7.1 through 7.295 of this Act as provided by Section
16 7.5.
17 (15 ILCS 205/7.20 new)
18 Sec. 7.20. Child and Spouse Support Unit. The Attorney
19 General shall establish within his or her administrative
20 staff a Child and Spouse Support Unit to search for and
21 locate absent parents and spouses liable for the support of
22 persons resident in this State and to exercise the support
23 enforcement powers and responsibilities assigned the Attorney
24 General by Sections 7.1 through 7.295. The Unit shall
25 cooperate with all law enforcement officials in this State
26 and with the authorities of other states in locating persons
27 responsible for the support of persons resident in other
28 states and shall invite the cooperation of these authorities
29 in the performance of its duties.
30 In addition to other duties assigned the Child and Spouse
31 Support Unit by Sections 7.1 through 7.295, the Unit may
32 refer to units of local government any actions under Sections
33 7.60 and 7.155 for judicial enforcement of the support
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1 liability.
2 The Attorney General may enter into agreements with local
3 governmental units or individuals for the collection of
4 moneys owing because of the failure of a parent to make child
5 support payments for any child receiving services under
6 Sections 7.1 through 7.295. Such agreements may be on a
7 contingent fee basis, but such contingent fee shall not
8 exceed 25% of the total amount collected.
9 An attorney who provides representation pursuant to this
10 Section shall represent the Attorney General exclusively.
11 Regardless of the designation of the plaintiff in an action
12 brought pursuant to this Section, an attorney-client
13 relationship does not exist for purposes of that action
14 between that attorney and (i) an applicant for or recipient
15 of child and spouse support services or (ii) any other party
16 to the action other than the Attorney General. Nothing in
17 this Section shall be construed to modify any power or duty
18 (including a duty to maintain confidentiality) of the Child
19 and Spouse Support Unit or the Attorney General otherwise
20 provided by law.
21 The Attorney General may enter into agreements with local
22 governmental units for the Child and Spouse Support Unit to
23 exercise the investigative and enforcement powers designated
24 in Sections 7.1 through 7.295, including the issuance of
25 administrative orders under Section 7.80, in locating
26 responsible relatives and obtaining support for persons
27 applying for or receiving aid under Article VI of the
28 Illinois Public Aid Code. Payments for defrayment of
29 administrative costs and support payments obtained shall be
30 deposited into the DHS Recoveries Trust Fund. Support
31 payments shall be paid over to the General Assistance Fund of
32 the local governmental unit at such time or times as the
33 agreement may specify.
34 With respect to those cases in which it has support
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1 enforcement powers and responsibilities under Sections 7.1
2 through 7.295, the Attorney General may provide by rule for
3 periodic or other review of each administrative and court
4 order for support to determine whether a modification of the
5 order should be sought. The Attorney General shall provide
6 for and conduct such review in accordance with any applicable
7 federal law and regulation.
8 As part of its process for review of orders for support,
9 the Attorney General, through written notice, may require the
10 responsible relative to disclose his or her Social Security
11 Number and past and present information concerning the
12 relative's address, employment, gross wages, deductions from
13 gross wages, net wages, bonuses, commissions, number of
14 dependent exemptions claimed, individual and dependent health
15 insurance coverage, and any other information necessary to
16 determine the relative's ability to provide support in a case
17 receiving child and spouse support services under Sections
18 7.1 through 7.295.
19 The Attorney General may send a written request for the
20 same information to the relative's employer. The employer
21 shall respond to the request for information within 15 days
22 after the date the employer receives the request. If the
23 employer willfully fails to fully respond within the 15-day
24 period, the employer shall pay a penalty of $100 for each day
25 that the response is not provided to the Attorney General
26 after the 15-day period has expired. The penalty may be
27 collected in a civil action which may be brought against the
28 employer in favor of the Attorney General.
29 A written request for information sent to an employer
30 pursuant to this Section shall consist of (i) a citation of
31 this Section as the statutory authority for the request and
32 for the employer's obligation to provide the requested
33 information, (ii) a returnable form setting forth the
34 employer's name and address and listing the name of the
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1 employee with respect to whom information is requested, and
2 (iii) a citation of this Section as the statutory authority
3 authorizing the employer to withhold a fee of up to $20 from
4 the wages or income to be paid to each responsible relative
5 for providing the information to the Attorney General within
6 the 15-day period. If the employer is withholding support
7 payments from the responsible relative's income pursuant to
8 an order for withholding, the employer may withhold the fee
9 provided for in this Section only after withholding support
10 as required under the order. Any amounts withheld from the
11 responsible relative's income for payment of support and the
12 fee provided for in this Section shall not be in excess of
13 the amounts permitted under the federal Consumer Credit
14 Protection Act.
15 In a case receiving child and spouse support services,
16 the Attorney General may request and obtain information from
17 a particular employer under this Section no more than once in
18 any 12-month period, unless the information is necessary to
19 conduct a review of a court or administrative order for
20 support at the request of the person receiving child and
21 spouse support services.
22 The Attorney General shall establish and maintain an
23 administrative unit to receive and transmit to the Child and
24 Spouse Support Unit information supplied by persons applying
25 for or receiving child and spouse support services under
26 Section 7.5.
27 In addition to its other powers and responsibilities
28 established by Sections 7.1 through 7.295, the Child and
29 Spouse Support Unit shall conduct an annual assessment of
30 each institution's program for institution based paternity
31 establishment under Section 12 of the Vital Records Act.
32 (15 ILCS 205/7.25 new)
33 Sec. 7.25. Parent locator service. The Attorney General
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1 through the Child and Spouse Support Unit shall enter into
2 agreements with the Secretary of Health and Human Services or
3 his or her designee under which the services of the federal
4 Parent Locator Service established by the Social Security Act
5 are made available to this State and the Attorney General for
6 the purpose of locating an absent parent or child when the
7 child has been abducted or otherwise improperly removed or
8 retained from the physical custody of a parent or other
9 person entitled to custody of the child, or in connection
10 with the making or enforcing of a child custody determination
11 in custody proceedings instituted under the Uniform Child
12 Custody Jurisdiction Act, or otherwise in accordance with
13 law. The Attorney General shall provide general information
14 to the public about the availability and use of the Parent
15 Locator Service in relation to child abduction and custody
16 determination proceedings, shall promptly respond to
17 inquiries made by those parties specified by federal
18 regulations upon receipt of information as to the location of
19 an absent parent or child from the federal Parent Locator
20 Service, and shall maintain accurate records as to the number
21 of such inquiries received and processed by the Attorney
22 General.
23 (15 ILCS 205/7.27 new)
24 Sec. 7.27. Locating support obligor and others;
25 penalties.
26 (a) The Child and Spouse Support Unit may request and
27 receive from employers, labor unions, telephone companies,
28 and utility companies location information concerning
29 putative fathers and noncustodial parents for the purpose of
30 establishing a child's paternity or establishing, enforcing,
31 or modifying a child support obligation. In this Section,
32 "location information" means information about (i) the
33 physical whereabouts of a putative father or noncustodial
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1 parent, (ii) the putative father or noncustodial parent's
2 employer, or (iii) the salary, wages, and other compensation
3 paid and the health insurance coverage provided to the
4 putative father or noncustodial parent by the employer of the
5 putative father or noncustodial parent or by a labor union of
6 which the putative father or noncustodial parent is a member.
7 The employer of a putative father or noncustodial parent
8 or the labor union of which the putative father or
9 noncustodial parent is a member shall respond to the request
10 of the Child and Spouse Support Unit within 15 days after the
11 employer or labor union receives the request. Any employer
12 or labor union that willfully fails to fully respond within
13 the 15-day period shall be subject to a penalty of $100 for
14 each day that the response is not provided to the Attorney
15 General after the 15-day period has expired. The penalty may
16 be collected in a civil action, which may be brought against
17 the employer or labor union in favor of the Attorney General.
18 (b) Pursuant to an administrative subpoena as authorized
19 under Sections 7.1 through 7.295, the Child and Spouse
20 Support Unit may request and receive from utility companies
21 and cable television companies location information
22 concerning individuals who owe or are owed support or against
23 whom or with respect to whom a support obligation is sought.
24 (15 ILCS 205/7.28 new)
25 Sec. 7.28. Obtaining location information.
26 (a) The Attorney General shall enter into agreements
27 with the Department of State Police and the Secretary of
28 State to obtain location information on persons for the
29 purpose of establishing paternity and establishing,
30 modifying, and enforcing child support obligations.
31 (b) Upon request, the Attorney General shall provide
32 information obtained pursuant to this Section to federal
33 agencies and other states' agencies conducting child support
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1 enforcement activities under Title IV, Part D of the Social
2 Security Act.
3 (15 ILCS 205/7.30 new)
4 Sec. 7.30. Notification of support obligation. The
5 administrative enforcement unit within the authorized area of
6 its operation shall notify each responsible relative of an
7 applicant or recipient, or responsible relatives of other
8 persons given access to the support services of Sections 7.1
9 through 7.295, of his or her legal obligation to support and
10 shall request such information concerning his or her
11 financial status as may be necessary to determine whether he
12 or she is financially able to provide such support, in whole
13 or in part. In cases involving a child born out of wedlock,
14 the notification shall include a statement that the
15 responsible relative has been named as the biological father
16 of the child identified in the notification.
17 In the case of applicants, the notification shall be sent
18 as soon as practical after the filing of the application. In
19 the case of recipients, the notice shall be sent at such time
20 as may be established by rule of the Attorney General.
21 The notice shall be accompanied by the forms or
22 questionnaires provided in Section 7.35. It shall inform the
23 relative that he or she may be liable for reimbursement of
24 any support furnished from public aid funds prior to
25 determination of the relative's financial circumstances, as
26 well as for future support. In the alternative, when support
27 is sought on behalf of applicants for or recipients of
28 financial aid under Article IV of the Illinois Public Aid
29 Code and other persons who are given access to the child and
30 spouse support services of Section 7.1 through 7.295 as
31 provided in Section 7.5, the notice shall inform the relative
32 that the relative may be required to pay support for a period
33 before the date an administrative support order is entered,
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1 as well as future support.
2 Neither the mailing nor receipt of such notice shall be
3 deemed a jurisdictional requirement for the subsequent
4 exercise of the investigative procedures undertaken by an
5 administrative enforcement unit or the entry of any order or
6 determination of paternity or support or reimbursement by the
7 administrative enforcement unit; except that notice shall be
8 served by certified mail addressed to the responsible
9 relative at his or her last known address, return receipt
10 requested, or by any method provided by law for service of
11 summons, in cases where a determination of paternity or
12 support by default is sought on behalf of applicants for or
13 recipients of financial aid under Article IV of the Illinois
14 Public Aid Code and other persons who are given access to the
15 child and spouse support services of Sections 7.1 through
16 7.295 as provided in Section 7.5.
17 (15 ILCS 205/7.35 new)
18 Sec. 7.35. Declarations by responsible relatives;
19 penalty.
20 Information requested of responsible relatives shall be
21 submitted on forms or questionnaires prescribed by the
22 Attorney General or local governmental units, as the case may
23 be, and shall contain a written declaration to be signed by
24 the relative in substantially the following form:
25 "I declare under penalties of perjury that I have
26 examined this form (or questionnaire) and all accompanying
27 statements or documents pertaining to my income, resources,
28 or any other matter having bearing upon my status and ability
29 to provide support, and to the best of my knowledge and
30 belief the information supplied is true, correct, and
31 complete."
32 A person who makes and subscribes a form or questionnaire
33 which contains, as hereinabove provided, a written
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1 declaration that it is made under the penalties of perjury,
2 knowing it to be false, incorrect or incomplete, in respect
3 to any material statement or representation bearing upon his
4 or her status as a responsible relative, or upon his or her
5 income, resources, or other matter concerning his or her
6 ability to provide support, shall be subject to the penalties
7 for perjury provided for in Section 32-2 of the Criminal Code
8 of 1961.
9 (15 ILCS 205/7.40 new)
10 Sec. 7.40. Investigation and determination. The
11 administrative enforcement unit shall review the forms or
12 questionnaires returned by each responsible relative and
13 supplement the information provided therein, where required,
14 by such additional consultations with the responsible
15 relative and such other investigations as may be necessary,
16 including genetic testing if paternity is an issue, and,
17 applying the standard or guidelines and regulations
18 established by the Attorney General, shall determine whether
19 and the extent to which, the responsible relative
20 individually or together in any combination, are reasonably
21 able to provide support. If the child was born out of
22 wedlock and the case is subject to the voluntary
23 acknowledgment of paternity or the administrative
24 determination of paternity under rules established under
25 Section 7.210, the Child and Spouse Support Unit of the
26 Attorney General shall determine the child support obligation
27 under subsection (b) of Section 7.45 upon establishing the
28 child's paternity. If the child's paternity was established
29 by judicial or administrative process in any other state, the
30 Attorney General may use administrative processes contained
31 in Sections 7.1 through 7.295 to establish a child support
32 order.
33 In aid of its investigative authority, the Child and
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1 Spouse Support Unit may use the subpoena power as set forth
2 in Sections 7.1 through 7.295.
3 The Attorney General, by rule, may authorize the
4 administrative enforcement units to conduct periodic or other
5 reinvestigations and redeterminations of the financial
6 ability of responsible relatives. Any redeterminations shall
7 have the effect of altering, amending, or modifying previous
8 determinations and administrative orders entered pursuant to
9 Sections 7.45 and 7.80. However, any redetermination which
10 establishes liability for support or reimbursement, or which
11 modifies the support or reimbursement liability specified in
12 a prior order, shall be subject to the provisions of Section
13 7.90 and the administrative and judicial review procedures
14 herein provided for original orders.
15 (15 ILCS 205/7.45 new)
16 Sec. 7.45. Notice of support due.
17 (a) When an administrative enforcement unit has
18 determined that a responsible relative is financially able to
19 contribute to the support of an applicant or recipient, the
20 responsible relative shall be notified by mailing him or her
21 a copy of the determination by United States registered or
22 certified mail, advising him or her of his or her legal
23 obligation to make support payments for such period or
24 periods of time, definite in duration or indefinite, as the
25 circumstances require. The notice shall direct payment as
26 provided in this Act. Where applicable, the determination
27 and notice may include a demand for reimbursement for
28 emergency aid granted an applicant or recipient during the
29 period between the application and determination of the
30 relative's obligation for support and for aid granted during
31 any subsequent period the responsible relative was
32 financially able to provide support but failed or refused to
33 do so.
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1 (b) In the alternative, when support is sought on behalf
2 of applicants for or recipients of financial aid under
3 Article IV of the Illinois Public Aid Code and other persons
4 who are given access to the child and spouse support services
5 of Sections 7.1 through 7.295 as provided in Section 7.5, the
6 administrative enforcement unit shall not be required to send
7 the notice and may enter an administrative order immediately
8 under the provisions of Section 7.80. The order shall be
9 based upon the determination made under the provisions of
10 Section 7.40 or, in instances of default, upon the needs of
11 the persons for whom support is sought. In addition to
12 requiring payment of future support, the administrative order
13 may require payment of support for a period before the date
14 the order is entered. The amount of support to be paid for
15 the prior period shall be determined under the guidelines
16 established by the Attorney General pursuant to Section 7.15.
17 The order shall direct payment as provided in Section 7.60.
18 (15 ILCS 205/7.47 new)
19 Sec. 7.47. Payment of Support to State Disbursement
20 Unit.
21 (a) As used in this Section:
22 "Order for support", "obligor", "obligee", and "payor"
23 mean those terms as defined in the Income Withholding for
24 Support Act, except that "order for support" shall not mean
25 orders providing for spousal maintenance under which there is
26 no child support obligation.
27 (b) Notwithstanding any other provision of this Act to
28 the contrary, each court or administrative order for support
29 entered or modified on or after October 1, 1999 shall require
30 that support payments be made to the State Disbursement Unit
31 if:
32 (1) a party to the order is receiving child and
33 spouse support services under this Act; or
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1 (2) no party to the order is receiving child and
2 spouse support services, but the support payments are
3 made through income withholding.
4 (c) Support payments shall be made to the State
5 Disbursement Unit if:
6 (1) the order for support was entered before
7 October 1, 1999, and a party to the order is receiving
8 child and spouse support services under this Act; or
9 (2) no party to the order is receiving child and
10 spouse support services, and the support payments are
11 being made through income withholding.
12 (d) If no party to the order is receiving child and
13 spouse support services under this Act, and the support
14 payments are not being made through income withholding, then
15 support payments shall be made as directed in the order for
16 support.
17 (e) If the State Disbursement Unit receives a support
18 payment that was not appropriately made to the Unit under
19 this Section, the Unit shall immediately return the payment
20 to the sender, including, if possible, instructions detailing
21 where to send the support payments.
22 (15 ILCS 205/7.50 new)
23 Sec. 7.50. Support payments. In the case of any
24 conflict between this Section and the provisions of this Act
25 pertaining to the State Disbursement Unit shall control.
26 The notice to responsible relatives issued pursuant to
27 Section 7.45 shall direct payment (i) to the Attorney General
28 in cases of applicants and recipients under Articles III, IV,
29 V and VII of the Illinois Public Aid Code, (ii) except as
30 provided in Section 7.20, to the local governmental unit in
31 the case of applicants and recipients under Article VI of the
32 Illinois Public Aid Code, and (iii) to the Attorney General
33 in cases of non-applicants and non-recipients given access to
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1 the child and spouse support services of Sections 7.1 through
2 7.295, as provided by Section 7.5. However, if the support
3 payments by responsible relatives are sufficient to meet
4 needs of a recipient in full, including current and
5 anticipated medical needs, and the Attorney General or the
6 local governmental unit, as the case may be, has reasonable
7 grounds to believe that such needs will continue to be
8 provided in full by the responsible relatives, the relatives
9 may be directed to make subsequent support payments to the
10 needy person or to some person or agency in his or her behalf
11 and the recipient shall be removed from the public aid rolls.
12 In such instance the recipient also shall be notified by
13 registered or certified mail of the action taken. If a
14 recipient removed from the public aid rolls requests the
15 Attorney General to continue to collect the support payments
16 in his or her behalf, the Attorney General, at his or her
17 option, may do so and pay amounts so collected to the person.
18 The Attorney General may provide for deducting any costs
19 incurred in making the collection from the amount of any
20 recovery made and pay only the net amount to the person.
21 Payments under this Section to the Illinois Department of
22 Public Aid or the Attorney General pursuant to the Child
23 Support Enforcement Program established by Title IV-D of the
24 Social Security Act shall be paid into the Child Support
25 Enforcement Trust Fund. All payments under this Section to
26 the Illinois Department of Human Services shall be deposited
27 in the DHS Recoveries Trust Fund. Disbursements from these
28 funds shall be as provided in Sections 12-9.1 and 12-10.2 of
29 the Illinois Public Aid Code. Payments received by a local
30 governmental unit shall be deposited in that unit's General
31 Assistance Fund.
32 (15 ILCS 205/7.52 new)
33 Sec. 7.52. Temporary order for child support.
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1 Notwithstanding any other law to the contrary, pending the
2 outcome of an administrative determination of parentage, the
3 Attorney General shall issue a temporary order for child
4 support, upon motion by a party and a showing of clear and
5 convincing evidence of paternity based on genetic test
6 results or other evidence. In determining the amount of the
7 temporary child support award, the Attorney General shall use
8 the guidelines and standards set forth in subsection (a) of
9 Section 505 and in Section 505.2 of the Illinois Marriage and
10 Dissolution of Marriage Act.
11 Any new or existing support order entered by the Attorney
12 General under this Section shall be deemed to be a series of
13 judgments against the person obligated to pay support
14 thereunder, each such judgment to be in the amount of each
15 payment or installment of support and each judgment to be
16 deemed entered as of the date the corresponding payment or
17 installment becomes due under the terms of the support order.
18 Each such judgment shall have the full force, effect, and
19 attributes of any other judgment of this State, including the
20 ability to be enforced. Any such judgment is subject to
21 modification or termination only in accordance with Section
22 510 of the Illinois Marriage and Dissolution of Marriage Act.
23 A lien arises by operation of law against the real and
24 personal property of the noncustodial parent for each
25 installment of overdue support owed by the noncustodial
26 parent.
27 All orders for support entered or modified in a case in
28 which a party is receiving child and spouse support services
29 under Sections 7.1 through 7.295 shall include a provision
30 requiring the non-custodial parent to notify the Attorney
31 General, within 7 days, (i) of the name, address, and
32 telephone number of any new employer of the non-custodial
33 parent, (ii) whether the non-custodial parent has access to
34 health insurance coverage through the employer or other group
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1 coverage, and, if so, the policy name and number and the
2 names of persons covered under the policy, and (iii) of any
3 new residential or mailing address or telephone number of the
4 non-custodial parent.
5 In any subsequent action to enforce a support order, upon
6 sufficient showing that diligent effort has been made to
7 ascertain the location of the non-custodial parent, service
8 of process or provision of notice necessary in that action
9 may be made at the last known address of the non-custodial
10 parent, in any manner expressly provided by the Code of Civil
11 Procedure or this Act, which service shall be sufficient for
12 purposes of due process.
13 An order for support shall include a date on which the
14 current support obligation terminates. The termination date
15 shall be no earlier than the date on which the child covered
16 by the order will attain the age of majority or is otherwise
17 emancipated. The order for support shall state that the
18 termination date does not apply to any arrearage that may
19 remain unpaid on that date. Nothing in this paragraph shall
20 be construed to prevent the Attorney General from modifying
21 the order.
22 (15 ILCS 205/7.55 new)
23 Sec. 7.55. Alternative actions to enforce support. If a
24 responsible relative fails or refuses to furnish support, or
25 contributes less than the amount indicated by the
26 determination, the administrative enforcement unit shall take
27 action to enforce support in accordance with Section 7.60 or
28 Section 7.80.
29 (15 ILCS 205/7.60 new)
30 Sec. 7.60. Court enforcement. Except where the Attorney
31 General, by agreement, acts for the local governmental unit,
32 as provided in Section 7.20, local governmental units shall
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1 refer to the State's Attorney or to the proper legal
2 representative of the governmental unit, for judicial
3 enforcement as herein provided, instances of non-support or
4 insufficient support when the dependents are applicants or
5 recipients under Article VI of the Illinois Public Aid Code.
6 The Child and Spouse Support Unit established by Section 7.20
7 may institute in behalf of the Illinois Department of Public
8 Aid any actions under this Section for judicial enforcement
9 of the support liability when the dependents are applicants
10 or recipients under Articles III, IV, V or VII of the
11 Illinois Public Aid Code. The Unit may institute in behalf of
12 the Attorney General any actions under this Section for
13 judicial enforcement of the support liability when the
14 dependents are applicants or recipients in a local
15 governmental unit when the Attorney General, by agreement,
16 acts for the unit. The Unit may institute in behalf of the
17 dependents any actions under this Section for judicial
18 enforcement of the support liability when the dependents are
19 non-applicants or non-recipients who are receiving support
20 enforcement services under Sections 7.1 through 7.295, as
21 provided in Section 7.5. Where the Child and Spouse Support
22 Unit has exercised its option and discretion not to apply the
23 provisions of Sections 7.15 through 7.50, the failure by the
24 Unit to apply such provisions shall not be a bar to bringing
25 an action under this Section.
26 An action shall be brought in the circuit court to obtain
27 support, or for the recovery of aid granted during the period
28 such support was not provided, or both for the obtainment of
29 support and the recovery of the aid provided. Actions for
30 the recovery of aid may be taken separately or they may be
31 consolidated with actions to obtain support. Such actions
32 may be brought in the name of the person or persons requiring
33 support, or may be brought in the name of the Illinois
34 Department of Public Aid or the local governmental unit, as
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1 the case requires, in behalf of such persons.
2 The court may enter such orders for the payment of moneys
3 for the support of the person as may be just and equitable
4 and may direct payment thereof for such period or periods of
5 time as the circumstances require, including support for a
6 period before the date the order for support is entered. The
7 order may be entered against any or all of the defendant
8 responsible relatives and may be based upon the proportionate
9 ability of each to contribute to the person's support.
10 The Court shall determine the amount of child support
11 (including child support for a period before the date the
12 order for support is entered) by using the guidelines and
13 standards set forth in subsection (a) of Section 505 and in
14 Section 505.2 of the Illinois Marriage and Dissolution of
15 Marriage Act. For purposes of determining the amount of
16 child support to be paid for a period before the date the
17 order for child support is entered, there is a rebuttable
18 presumption that the responsible relative's net income for
19 that period was the same as his or her net income at the time
20 the order is entered.
21 The Court shall determine the amount of maintenance using
22 the standards set forth in Section 504 of the Illinois
23 Marriage and Dissolution of Marriage Act.
24 Any new or existing support order entered by the court
25 under this Section shall be deemed to be a series of
26 judgments against the person obligated to pay support
27 thereunder, each such judgment to be in the amount of each
28 payment or installment of support and each such judgment to
29 be deemed entered as of the date the corresponding payment or
30 installment becomes due under the terms of the support order.
31 Each such judgment shall have the full force, effect and
32 attributes of any other judgment of this State, including the
33 ability to be enforced. Any such judgment is subject to
34 modification or termination only in accordance with Section
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1 510 of the Illinois Marriage and Dissolution of Marriage Act.
2 A lien arises by operation of law against the real and
3 personal property of the noncustodial parent for each
4 installment of overdue support owed by the noncustodial
5 parent.
6 When an order is entered for the support of a minor, the
7 court may provide therein for reasonable visitation of the
8 minor by the person or persons who provided support pursuant
9 to the order. Whoever willfully refuses to comply with such
10 visitation order or willfully interferes with its enforcement
11 may be declared in contempt of court and punished therefor.
12 Except where the local governmental unit has entered into
13 an agreement with the Attorney General for the Child and
14 Spouse Support Unit to act for it, as provided in Section
15 7.20, support orders entered by the court in cases involving
16 applicants or recipients under Article VI of the Illinois
17 Public Aid Code shall provide that payments thereunder be
18 made directly to the local governmental unit. Orders for the
19 support of all other applicants or recipients under that Code
20 shall provide that payments thereunder be made directly to
21 the Attorney General. In accordance with federal law and
22 regulations, the Attorney General may continue to collect
23 current maintenance payments or child support payments, or
24 both, after those persons cease to receive public assistance
25 and until termination of services under Sections 7.1 through
26 7.295. The Attorney General shall pay the net amount
27 collected to those persons after deducting any costs incurred
28 in making the collection or any collection fee from the
29 amount of any recovery made. In both cases the order shall
30 permit the local governmental unit or the Attorney General,
31 as the case may be, to direct the responsible relative or
32 relatives to make support payments directly to the needy
33 person, or to some person or agency in his or her behalf,
34 upon removal of the person from the public aid rolls or upon
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1 termination of services under Sections 7.1 through 7.295.
2 If the notice of support due issued pursuant to Section
3 7.45 directs that support payments be made directly to the
4 needy person, or to some person or agency in his or her
5 behalf, and the recipient is removed from the public aid
6 rolls, court action may be taken against the responsible
7 relative hereunder if he fails to furnish support in
8 accordance with the terms of such notice.
9 Actions may also be brought under this Section in behalf
10 of any person who is in need of support from responsible
11 relatives, as defined in Section 2-11 of the Illinois Public
12 Aid Code who is not an applicant for or recipient of
13 financial aid under that Code. In such instances, the
14 State's Attorney of the county in which such person resides
15 shall bring action against the responsible relatives
16 hereunder. If the Attorney General, as authorized by Section
17 7.5, extends the support services provided by this Article to
18 spouses and dependent children who are not applicants or
19 recipients under the Illinois Public Aid Code, the Child and
20 Spouse Support Unit established by Section 7.20 shall bring
21 action against the responsible relatives hereunder and any
22 support orders entered by the court in such cases shall
23 provide that payments thereunder be made directly to the
24 Attorney General.
25 Whenever it is determined in a proceeding to establish or
26 enforce a child support or maintenance obligation that the
27 person owing a duty of support is unemployed, the court may
28 order the person to seek employment and report periodically
29 to the court with a diary, listing or other memorandum of his
30 or her efforts in accordance with such order. Additionally,
31 the court may order the unemployed person to report to the
32 Department of Employment Security for job search services or
33 to make application with the local Jobs Training Partnership
34 Act provider for participation in job search, training or
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1 work programs and where the duty of support is owed to a
2 child receiving support services under Sections 7.1 through
3 7.295, the court may order the unemployed person to report to
4 the Department of Human Services for participation in job
5 search, training or work programs established under Section
6 9-6 and Article IXA of the Illinois Public Aid Code.
7 Whenever it is determined that a person owes past-due
8 support for a child receiving assistance under the Illinois
9 Public Aid Code, the court shall order at the request of the
10 Attorney General:
11 (1) that the person pay the past-due support in
12 accordance with a plan approved by the court; or
13 (2) if the person owing past-due support is
14 unemployed, is subject to such a plan, and is not
15 incapacitated, that the person participate in such job
16 search, training, or work programs established under
17 Section 9-6 and Article IXA of the Illinois Public Aid
18 Code as the court deems appropriate.
19 A determination under this Section shall not be
20 administratively reviewable by the procedures specified in
21 Sections 7.90 and 7.95 through 7.145. Any determination under
22 those Sections, if made the basis of court action under this
23 Section, shall not affect the de novo judicial determination
24 required under this Section.
25 All orders for support, when entered or modified, shall
26 include a provision requiring the non-custodial parent to
27 notify the court and, in cases in which a party is receiving
28 child and spouse support services under Sections 7.1 through
29 7.295, the Attorney General, within 7 days, (i) of the name,
30 address, and telephone number of any new employer of the
31 non-custodial parent, (ii) whether the non-custodial parent
32 has access to health insurance coverage through the employer
33 or other group coverage and, if so, the policy name and
34 number and the names of persons covered under the policy, and
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1 (iii) of any new residential or mailing address or telephone
2 number of the non-custodial parent. In any subsequent action
3 to enforce a support order, upon a sufficient showing that a
4 diligent effort has been made to ascertain the location of
5 the non-custodial parent, service of process or provision of
6 notice necessary in the case may be made at the last known
7 address of the non-custodial parent in any manner expressly
8 provided by the Code of Civil Procedure or Sections 7.1
9 through 7.295, which service shall be sufficient for purposes
10 of due process.
11 An order for support shall include a date on which the
12 current support obligation terminates. The termination date
13 shall be no earlier than the date on which the child covered
14 by the order will attain the age of majority or is otherwise
15 emancipated. The order for support shall state that the
16 termination date does not apply to any arrearage that may
17 remain unpaid on that date. Nothing in this paragraph shall
18 be construed to prevent the court from modifying the order.
19 Upon notification in writing or by electronic
20 transmission from the Attorney General to the clerk of the
21 court that a person who is receiving support payments under
22 this Section is receiving services under the Child Support
23 Enforcement Program established by Title IV-D of the Social
24 Security Act, any support payments subsequently received by
25 the clerk of the court shall be transmitted in accordance
26 with the instructions of the Attorney General until the
27 Attorney General gives notice to the clerk of the court to
28 cease the transmittal. After providing the notification
29 authorized under this paragraph, the Attorney General shall
30 be entitled as a party to notice of any further proceedings
31 in the case. The clerk of the court shall file a copy of the
32 Attorney General's notification in the court file. The
33 clerk's failure to file a copy of the notification in the
34 court file shall not, however, affect the Attorney General's
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1 right to receive notice of further proceedings.
2 Payments under this Section to the Illinois Department of
3 Public Aid or the Attorney General pursuant to the Child
4 Support Enforcement Program established by Title IV-D of the
5 Social Security Act shall be paid into the Child Support
6 Enforcement Trust Fund. All payments under this Section to
7 the Illinois Department of Human Services shall be deposited
8 in the DHS Recoveries Trust Fund. Disbursements from these
9 funds shall be as provided in Sections 12-9.1 and 12-10.2 of
10 the Illinois Public Aid Code. Payments received by a local
11 governmental unit shall be deposited in that unit's General
12 Assistance Fund.
13 In the case of any conflict between this Section and the
14 provisions of this Act pertaining to the State Disbursement
15 Unit, the provisions pertaining to the State Disbursement
16 Unit shall control.
17 (15 ILCS 205/7.62 new)
18 Sec. 7.62. Information to State Case Registry.
19 (a) When an order for support is entered or modified
20 under Section 7.60, the clerk of the circuit court shall,
21 within 5 business days, provide to the State Case Registry
22 established under Section 7.292 the court docket number and
23 county in which the order is entered or modified and the
24 following information, which the parties shall disclose to
25 the court:
26 (1) The names of the custodial and non-custodial
27 parents and the child or children covered by the order.
28 (2) The dates of birth of the custodial and
29 non-custodial parents and of the child or children
30 covered by the order.
31 (3) The social security numbers of the custodial
32 and non-custodial parents and of the child or children
33 covered by the order.
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1 (4) The residential and mailing addresses for the
2 custodial and non-custodial parents.
3 (5) The telephone numbers for the custodial and
4 non-custodial parents.
5 (6) The driver's license numbers for the custodial
6 and non-custodial parents.
7 (7) The name, address, and telephone number of each
8 parent's employer or employers.
9 (b) When a child support order is entered or modified
10 for a case in which a party is receiving child support
11 services under this Act, the clerk shall provide the State
12 Case Registry with the following information:
13 (1) The information specified in subsection (a) of
14 this Section.
15 (2) The amount of monthly or other periodic support
16 owed under the order and other amounts, including
17 arrearages, interest, or late payment penalties and fees,
18 due or overdue under the order.
19 (3) Any amounts described in subdivision (2) of
20 this subsection (b) that have been received by the clerk.
21 (4) The distribution of the amounts received by the
22 clerk.
23 (c) A party shall report to the clerk of the circuit
24 court changes in information required to be disclosed under
25 this Section within 5 business days of the change. The clerk
26 shall report such changes in information to the State Case
27 Registry within 5 business days of receipt of the
28 information.
29 (d) To the extent that updated information is in the
30 clerk's possession, the clerk shall provide updates of the
31 information specified in subsection (b) of this Section
32 within 5 business days after the Attorney General's request
33 for that updated information.
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1 (15 ILCS 205/7.65 new)
2 Sec. 7.65. Collection fee. In all cases instituted by
3 the Attorney General on behalf of a child or spouse, other
4 than one receiving a grant of financial aid under Article IV
5 of the Illinois Public Aid Code, on whose behalf an
6 application has been made and approved for support services
7 as provided by Section 7.5, the court shall impose a
8 collection fee on the individual who owes a child or spouse
9 support obligation in an amount equal to 10% of the amount so
10 owed as long as such collection is required by federal law,
11 which fee shall be in addition to the support obligation.
12 The imposition of such fee shall be in accordance with
13 provisions of Title IV, Part D, of the Social Security Act
14 and regulations duly promulgated thereunder. The fee shall
15 be payable to the clerk of the circuit court for transmittal
16 to the Attorney General and shall continue until support
17 services are terminated by the Attorney General.
18 (15 ILCS 205/7.70 new)
19 Sec. 7.70. Notice to circuit clerk of payment received.
20 For those cases in which support is payable to the clerk of
21 the circuit court for transmittal to the Attorney General or
22 the Illinois Department of Public Aid by order of court, and
23 the Attorney General collects support by assignment, offset,
24 withholding, deduction or other process permitted by law, the
25 Attorney General shall notify the clerk of the date and
26 amount of such collection. Upon notification, the clerk shall
27 record the collection on the payment record for the case.
28 In the case of any conflict between this Section and the
29 provisions of this Act pertaining to the State Disbursement
30 Unit, the provisions pertaining to the State Disbursement
31 Unit shall control.
32 (15 ILCS 205/7.75 new)
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1 Sec. 7.75. Transmittal of payments by circuit clerk.
2 For those cases in which child support is payable to the
3 clerk of the circuit court for transmittal to the Attorney
4 General or the Illinois Department of Public Aid by order of
5 court, the clerk shall transmit all such payments, within 4
6 working days of receipt, to ensure that funds are available
7 for immediate distribution by the Attorney General or the
8 Department to the person or entity entitled thereto in
9 accordance with standards of the Child Support Enforcement
10 Program established under Title IV-D of the Social Security
11 Act. The clerk shall notify the Attorney General or the
12 Department of the date of receipt and amount thereof at the
13 time of transmittal. Where the clerk has entered into an
14 agreement of cooperation with the Illinois Department of
15 Public Aid or the Attorney General to record the terms of
16 child support orders and payments made thereunder directly
17 into the IV-D Agency's automated data processing system, the
18 clerk shall account for, transmit and otherwise distribute
19 child support payments in accordance with such agreement in
20 lieu of the requirements contained herein.
21 (15 ILCS 205/7.80 new)
22 Sec. 7.80. Administrative orders. In lieu of actions for
23 court enforcement of support under Section 7.60, the Child
24 and Spouse Support Unit of the Attorney General, in
25 accordance with the rules of the Attorney General, may issue
26 an administrative order requiring the responsible relative to
27 comply with the terms of the determination and notice of
28 support due, determined and issued under Sections 7.40 and
29 7.45. The Unit may also enter an administrative order under
30 subsection (b) of Section 7.45. The administrative order
31 shall be served upon the responsible relative by United
32 States registered or certified mail. In cases in which the
33 responsible relative appeared at the office of the Child and
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1 Spouse Support Unit in response to the notice of support
2 obligation issued under Section 7.30, however, or in cases of
3 default in which the notice was served on the responsible
4 relative by certified mail, return receipt requested, or by a
5 private person as authorized under Section 7.30, or by any
6 method provided by law for service of summons, the
7 administrative determination of paternity or administrative
8 support order may be sent to the responsible relative by
9 ordinary mail addressed to the responsible relative's last
10 known address.
11 If a responsible relative or a person receiving child and
12 spouse support services under Sections 7.1 through 7.295
13 fails to petition the Attorney General for release from or
14 modification of the administrative order, as provided in
15 Section 7.90 or Section 7.97, the order shall become final
16 and there shall be no further administrative or judicial
17 remedy. Likewise a decision by the Attorney General as a
18 result of an administrative hearing, as provided in Sections
19 7.95 through 7.145, shall become final and enforceable if not
20 judicially reviewed under the Administrative Review Law, as
21 provided in Section 7.150.
22 Any new or existing support order entered by the Attorney
23 General under this Section shall be deemed to be a series of
24 judgments against the person obligated to pay support
25 thereunder, each such judgment to be in the amount of each
26 payment or installment of support and each such judgment to
27 be deemed entered as of the date the corresponding payment or
28 installment becomes due under the terms of the support order.
29 Each such judgment shall have the full force, effect and
30 attributes of any other judgment of this State, including the
31 ability to be enforced. Any such judgment is subject to
32 modification or termination only in accordance with Section
33 510 of the Illinois Marriage and Dissolution of Marriage Act.
34 A lien arises by operation of law against the real and
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1 personal property of the noncustodial parent for each
2 installment of overdue support owed by the noncustodial
3 parent.
4 (15 ILCS 205/7.82 new)
5 Sec. 7.82. Administrative support order information for
6 State Case Registry. When the Attorney General enters an
7 administrative support order under this Act or modifies such
8 an order, the custodial parent and the non-custodial parent
9 shall provide to the Attorney General, and update as
10 appropriate, the following information to be included in the
11 State Case Registry established under Section 7.292:
12 (1) The names of the custodial and non-custodial
13 parents and of the child or children covered by the
14 order.
15 (2) The dates of birth of the custodial and
16 non-custodial parents and of the child or children
17 covered by the order.
18 (3) The social security numbers of the custodial
19 and non-custodial parents and of the child or children
20 covered by the order.
21 (4) The residential and mailing addresses for the
22 custodial and non-custodial parents.
23 (5) The telephone numbers for the custodial and
24 non-custodial parents.
25 (6) The driver's license numbers for the custodial
26 and non-custodial parents.
27 (7) The name, address, and telephone number of each
28 parent's employer or employers.
29 (8) Any other information that may be required
30 under Title IV, Part D of the Social Security Act or
31 regulations promulgated thereunder.
32 (15 ILCS 205/7.85 new)
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1 Sec. 7.85. Unemployed responsible relatives.
2 (a) Whenever it is determined in a proceeding under
3 Section 7.40, 7.45, 7.80, or 7.180 that the responsible
4 relative is unemployed, and support is sought on behalf of
5 applicants for or recipients of financial aid under Article
6 IV of the Illinois Public Aid Code or other persons who are
7 given access to the child and spouse support services of that
8 Article as provided in Section 7.5 of this Act, the
9 administrative enforcement unit may order the responsible
10 relative to report to the Department of Human Services for
11 participation in job search, training or work programs
12 established under Section 9-6 and Article IXA of the Illinois
13 Public Aid Code or to the Illinois Department of Employment
14 Security for job search services or to make application with
15 the local Jobs Training Partnership Act provider for
16 participation in job search, training or work programs.
17 (b) Whenever it is determined that a responsible
18 relative owes past-due support for a child under an
19 administrative support order entered under subsection (b) of
20 Section 7.45 or under Section 7.80 or 7.180 and the child is
21 receiving assistance under the Illinois Public Aid Code, the
22 administrative enforcement unit shall order the following:
23 (1) that the responsible relative pay the past-due
24 support in accordance with a plan approved by the
25 administrative enforcement unit; or
26 (2) if the responsible relative owing past-due
27 support is unemployed, is subject to such a plan, and is
28 not incapacitated, that the responsible relative
29 participate in job search, training, or work programs
30 established under Section 9-6 and Article IXA of the
31 Illinois Public Aid Code.
32 (15 ILCS 205/7.90 new)
33 Sec. 7.90. Petition by responsible relative for release
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1 from or modification of administrative support order or
2 administrative determination of paternity.
3 (a) Any responsible relative aggrieved by an
4 administrative order entered under Section 7.80 or 7.85 or an
5 administrative determination of paternity entered under
6 Section 7.210 who has been duly notified of such order or
7 determination, may within 30 days from the date of mailing of
8 such order or determination, petition the Attorney General
9 for a release from or modification of the order or
10 determination. The day immediately subsequent to the mailing
11 of the order or determination shall be considered as the
12 first day, and the day such petition is received by the
13 Attorney General shall be considered as the last day in
14 computing the 30 day appeal period.
15 The Attorney General shall, upon receipt of a petition
16 within the 30 day appeal period, provide for a hearing to be
17 held thereon.
18 (b) Notwithstanding the 30-day appeal period set forth
19 in subsection (a), a man against whom a default
20 administrative determination of paternity has been entered
21 may have the determination vacated if, within 30 days after
22 being served with the determination, he appears in person at
23 the office to which he was given notice to appear for an
24 interview and files a written request for relief from the
25 determination. The Attorney General shall then proceed with
26 the establishment of paternity. A man may obtain relief
27 under this subsection from an administrative determination
28 of paternity only once in any proceeding to establish
29 paternity.
30 (15 ILCS 205/7.95 new)
31 Sec. 7.95. Hearing on petition. The Attorney General, or
32 any officer or employee thereof designated in writing by the
33 Attorney General, shall conduct hearings and investigations
-43- LRB9110276WHcs
1 in connection with petitions filed pursuant to Section 7.90
2 or Section 7.97. Responsible relatives and persons receiving
3 child and spouse support services under Sections 7.1 through
4 7.295 shall be entitled to appear in person, to be
5 represented by counsel at the hearing and to present all
6 relevant matter in support of their petitions. The provisions
7 of Sections 7.100 through 7.145 shall govern the hearing.
8 The hearing shall be de novo and the Attorney General's
9 determination of liability or non-liability shall be
10 independent of the determination of the administrative
11 enforcement unit.
12 (15 ILCS 205/7.97 new)
13 Sec. 7.97. Petition by person receiving child and spouse
14 support services for release from or modification of
15 administrative support order or administrative determination
16 of paternity. Any person receiving child and spouse support
17 services under Sections 7.1 through 7.295 who is aggrieved by
18 an administrative order entered under Section 7.80 or 7.85 or
19 an administrative determination of paternity entered under
20 Section 7.210 who has been duly notified of the order or
21 determination may, within 30 days after the date of mailing
22 of the order or determination, petition the Attorney General
23 for release from or modification of the order or
24 determination. The day immediately subsequent to the mailing
25 of the order or determination shall be considered as the
26 first day and the day the petition is received by the
27 Attorney General shall be considered as the last day in
28 computing the 30-day appeal period. Upon receiving a petition
29 within the 30-day appeal period, the Attorney General shall
30 provide for a hearing to be held on the petition.
31 (15 ILCS 205/7.100 new)
32 Sec. 7.100. Examination of records. The Attorney
-44- LRB9110276WHcs
1 General, or any properly designated officer or employee
2 thereof, may examine any books, papers, records or memoranda
3 bearing upon the determination of ability to support and the
4 order for support and upon any matter pertinent to the
5 relative's petition and may compel the attendance and
6 testimony of any person or persons, including the petitioning
7 responsible relative, having knowledge of matters germane to
8 the determination order, or the petition.
9 (15 ILCS 205/7.105 new)
10 Sec. 7.105. Hearings not subject to technical rules of
11 evidence or procedure. In the conduct of any hearing or
12 investigation, neither the Attorney General nor a person duly
13 authorized to conduct such hearing or investigation, shall be
14 bound by the technical rules of evidence, common law or
15 statutory, or by technical or formal rules of procedure, but
16 shall conduct the hearing or make the investigation in such
17 manner as seems best calculated to conform to substantial
18 justice and the spirit of the Illinois Public Aid Code and
19 Sections 7.1 through 7.295 of this Act. No informality in any
20 proceedings, or in the manner of taking testimony, shall
21 invalidate any order or decision made by the Attorney General
22 pursuant to such hearing or investigation.
23 (15 ILCS 205/7.110 new)
24 Sec. 7.110. Authority to administer oaths. The Attorney
25 General, or any person duly authorized to conduct such
26 hearing or investigation, shall have power to administer
27 oaths. Every person who, having taken an oath or made
28 affirmation before the Attorney General, or any duly
29 authorized officer or employee thereof, shall wilfully swear
30 or affirm falsely, shall be guilty of perjury, and upon
31 conviction shall be punished accordingly.
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1 (15 ILCS 205/7.115 new)
2 Sec. 7.115. Proof of records. The books, papers, records
3 and memoranda of the Illinois Department of Public Aid, the
4 Illinois Department of Human Services, and the Attorney
5 General or of the administrative enforcement unit, or parts
6 thereof, may be proved in any hearing, investigation, or
7 legal proceeding by a photostatic or other copy thereof under
8 the certificate of their respective Directors, and the
9 Attorney General or their designees. Such certified copy
10 shall, without further proof, be admitted into evidence in
11 the hearing before the Attorney General or in any other legal
12 proceeding.
13 (15 ILCS 205/7.120 new)
14 Sec. 7.120. Proof of necessitous circumstances. Proof in
15 any hearing before the Attorney General that a person is an
16 applicant for or recipient of assistance under the Illinois
17 Public Aid Code shall be prima facie proof that he or she is
18 a "person who is in necessitous circumstances by reason of
19 infirmity, unemployment, or other cause depriving him or her
20 of the means of a livelihood compatible with health and
21 well-being", within the meaning of the Illinois Public Aid
22 Code.
23 (15 ILCS 205/7.125 new)
24 Sec. 7.125. Subpoenas.
25 (a) The Attorney General, or any officer or employee
26 thereof designated in writing by the Attorney General, shall
27 at his or her own instance, or on the written request of any
28 other party to the proceeding, issue subpoenas requiring the
29 attendance of and the giving of testimony by witnesses, and
30 subpoenas duces tecum requiring the production of books,
31 papers, records or memoranda. The subpoenas and subpoenas
32 duces tecum may be served by any person of full age. Any
-46- LRB9110276WHcs
1 subpoena may be served in the same manner as a subpoena
2 issued out of a circuit court, and may also be served by
3 United States registered or certified mail, addressed to the
4 person concerned at his or her last known address, and proof
5 of such mailing shall be sufficient for the purposes of
6 Sections 7.1 through 7.295.
7 (b) Subpoenas duces tecum issued in other states shall
8 be afforded full faith and credit in this State. Every such
9 subpoena shall have the full force, effect, and attributes
10 of a subpoena issued in this State, including the ability to
11 be enforced.
12 (15 ILCS 205/7.130 new)
13 Sec. 7.130. Witness fees. The fees of witnesses for
14 attendance and travel shall be the same as the fees of
15 witnesses before the circuit court of this State; such fees
16 to be paid when the witness is excused from further
17 attendance. When the witness is subpoenaed at the instance of
18 the Attorney General or any employee thereof, the fees shall
19 be paid in the same manner as other expenses of the Attorney
20 General. If the witness is subpoenaed at the instance of any
21 other party to the proceeding, the Attorney General may
22 require that the cost of service of the subpoena or subpoena
23 duces tecum and the fee of the witness be borne by the party
24 at whose instance the witness is summoned. In such case, the
25 Attorney General may require a deposit to cover the cost of
26 such service and witness fees.
27 (15 ILCS 205/7.135 new)
28 Sec. 7.135. Compelling attendance of witness and
29 production of records. The circuit court, of the county
30 wherein the investigation or administrative hearing is held,
31 upon the application of the Attorney General or any duly
32 authorized officer or employee thereof, or upon the
-47- LRB9110276WHcs
1 application of any other party to the proceeding, may, in its
2 discretion, compel the attendance of witnesses, the
3 production of books, papers, records or memorandum and the
4 giving of testimony before the Attorney General or any duly
5 authorized officer or employee thereof conducting an
6 investigation or holding a hearing authorized by Sections 7.1
7 through 7.295, by an attachment for contempt, or otherwise,
8 in the same manner as production of evidence may be compelled
9 before the court.
10 (15 ILCS 205/7.140 new)
11 Sec. 7.140. Penalty for non-compliance with subpoena.
12 Any person who is served with a subpoena or subpoena duces
13 tecum, issued by the Attorney General or any duly authorized
14 officer or employee thereof, to appear and testify or to
15 produce books and papers, in the course of an investigation
16 or hearing authorized by law, and who refuses or neglects to
17 appear, or to testify, or to produce books and papers
18 relevant to such investigation or hearing, as commanded in
19 such subpoena, shall be guilty of a Class B misdemeanor.
20 (15 ILCS 205/7.145 new)
21 Sec. 7.145. Depositions. The Attorney General or any
22 duly authorized officer or employee thereof, or any other
23 party in an investigation or hearing before the Attorney
24 General, may cause the depositions of witnesses within or
25 without the State to be taken in the manner prescribed by law
26 for like depositions in civil actions in courts of this
27 State, and to that end compel the attendance of witnesses and
28 the production of books, papers, records or memoranda.
29 (15 ILCS 205/7.150 new)
30 Sec. 7.150. Review of Attorney General decision on
31 petition for hearing. Any responsible relative or person
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1 receiving child and spouse support services under Sections
2 7.1 through 7.295 affected by a final administrative decision
3 of the Attorney General in a hearing, conducted pursuant to
4 Sections 7.95 through 7.145 in which such relative or person
5 receiving services was a party, may have the decision
6 reviewed only under and in accordance with the Administrative
7 Review Law. The provisions of the Administrative Review Law,
8 and the rules adopted pursuant thereto, shall apply to and
9 govern all proceedings for the judicial review of such final
10 administrative decisions of the Attorney General. The term
11 "administrative decision" is defined as in Section 3-101 of
12 the Code of Civil Procedure.
13 Appeals from all final orders and judgments entered by a
14 court upon review of the Attorney General's order in any case
15 may be taken by either party to the proceeding and shall be
16 governed by the rules applicable to appeals in civil cases.
17 The remedy herein provided for appeal shall be exclusive,
18 and no court shall have jurisdiction to review the subject
19 matter of any order made by the Attorney General except as
20 herein provided.
21 (15 ILCS 205/7.152 new)
22 Sec. 7.152. Relief from administrative orders.
23 Notwithstanding the 30-day appeal period provided in Sections
24 7.90 and 7.97 and the limitation on review of final
25 administrative decisions contained in Section 7.150, a
26 responsible relative or a person receiving child and spouse
27 support services under Sections 7.1 through 7.295 who is
28 aggrieved by an administrative order entered under Section
29 7.80 or 7.85 or an administrative determination of paternity
30 entered under Section 7.210 and who did not petition within
31 the 30-day appeal period may petition the Attorney General
32 for relief from the administrative order or determination on
33 the same grounds as are provided for relief from judgments
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1 under Section 2-1401 of the Code of Civil Procedure. The
2 petition must be filed not later than 2 years after the entry
3 of the order or determination by the Attorney General. The
4 day immediately subsequent to the mailing of the order or
5 determination shall be considered as the first day and the
6 day the petition is received by the Attorney General shall be
7 considered as the last day in computing the 2-year period.
8 Any period during which the person seeking relief is under a
9 legal disability or duress or during which the grounds for
10 relief are fraudulently concealed shall be excluded in
11 computing the period of 2 years.
12 Upon receiving a petition within the 2-year period, the
13 Attorney General shall provide for a hearing to be held on
14 the petition.
15 (15 ILCS 205/7.155 new)
16 Sec. 7.155. Enforcement of administrative order. If a
17 responsible relative refuses, neglects, or fails to comply
18 with a final administrative support or reimbursement order of
19 the Attorney General entered by the Child and Spouse Support
20 Unit pursuant to Section 7.80 or 7.85 or registered pursuant
21 to Section 7.180, the Child and Spouse Support Unit may file
22 suit against the responsible relative or relatives to secure
23 compliance with the administrative order.
24 Suits shall be instituted in the name of the People of
25 the State of Illinois on the relation of the Attorney General
26 of the State of Illinois and the spouse or dependent children
27 for whom the support order has been issued.
28 The court shall order the payment of the support
29 obligation, or orders for reimbursement of moneys for support
30 provided, directly to the Attorney General but the order
31 shall permit the Attorney General to direct the responsible
32 relative or relatives to make payments of support directly to
33 the spouse or dependent children, or to some person or agency
-50- LRB9110276WHcs
1 in their behalf, as provided in Section 7.50 or 7.60, as
2 applicable.
3 Whenever it is determined in a proceeding to enforce an
4 administrative order that the responsible relative is
5 unemployed, and support is sought on behalf of applicants for
6 or recipients of financial aid under Article IV of the
7 Illinois Public Aid Code or other persons who are given
8 access to the child and spouse support services of Sections
9 7.1 through 7.295 as provided in Section 7.5, the court may
10 order the responsible relative to seek employment and report
11 periodically to the court with a diary, listing or other
12 memorandum of his or her efforts in accordance with such
13 order. In addition, the court may order the unemployed
14 responsible relative to report to the Department of Human
15 Services for participation in job search, training or work
16 programs established under Section 9-6 and Article IXA of the
17 Illinois Public Aid Code or to the Illinois Department of
18 Employment Security for job search services or to make
19 application with the local Jobs Training Partnership Act
20 provider for participation in job search, training or work
21 programs.
22 (15 ILCS 205/7.160 new)
23 Sec. 7.160. Judicial enforcement of court and
24 administrative support orders. Court orders entered in
25 proceedings under Section 7.60 and court orders for
26 enforcement of an administrative order under Section 7.155
27 and for the payment of money may be enforced by attachment as
28 for contempt against the persons of the defendants, and in
29 addition, as other judgments for the payment of money, and
30 costs may be adjudged against the defendants and apportioned
31 among them; but if the complaint is dismissed, costs shall be
32 borne by the Attorney General or the local governmental unit,
33 as the case may be. If a responsible relative is directed by
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1 the Attorney General, or the local governmental unit, under
2 the conditions stated in Section 7.50, to make support
3 payments directly to the person, or to some person or agency
4 in his or her behalf, the court order entered against him or
5 her under this Section or Section 7.60 may be enforced as
6 herein provided if he thereafter fails to furnish support in
7 accordance with its terms. The State of Illinois shall not
8 be required to make a deposit for or pay any costs or fees of
9 any court or officer thereof in any proceeding instituted
10 under this Section.
11 The provisions of the Civil Practice Law, and all
12 amendments and modifications thereof, shall apply to and
13 govern all actions instituted under this Section and Section
14 7.60. In such actions proof that a person is an applicant for
15 or recipient of public aid under any Article of the Illinois
16 Public Aid Code shall be prima facie proof that he is a
17 person in necessitous circumstances by reason of infirmity,
18 unemployment or other cause depriving him or her of the means
19 of a livelihood compatible with health and well-being.
20 Payments under this Section to the Illinois Department of
21 Public Aid or the Attorney General pursuant to the Child
22 Support Enforcement Program established by Title IV-D of the
23 Social Security Act shall be paid into the Child Support
24 Enforcement Trust Fund. All payments under this Section to
25 the Illinois Department of Human Services shall be deposited
26 in the DHS Recoveries Trust Fund. Disbursements from these
27 funds shall be as provided in Sections 12-9.1 and 12-10.2 of
28 the Illinois Public Aid Code. Payments received by a local
29 governmental unit shall be deposited in that unit's General
30 Assistance Fund.
31 In addition to the penalties or punishment that may be
32 imposed under this Section, any person whose conduct
33 constitutes a violation of Section 15 of the Non-Support
34 Punishment Act may be prosecuted under that Act, and a person
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1 convicted under that Act may be sentenced in accordance with
2 that Act. The sentence may include but need not be limited
3 to a requirement that the person perform community service
4 under Section 50 of that Act. A person may not be required
5 to participate in a work alternative program under Section 50
6 of that Act if the person is currently participating in a
7 work program pursuant to Section 7.85 of this Act.
8 (15 ILCS 205/7.165 new)
9 Sec. 7.165. Withholding of income to secure payment of
10 support. Orders for support entered under Sections 7.1
11 through 7.295 of this Act are subject to the Income
12 Withholding for Support Act.
13 (15 ILCS 205/7.170 new)
14 Sec. 7.170. Posting security, bond or guarantee to
15 secure payment. The court may require the responsible
16 relative to post security or bond or give some other
17 guarantee of a character and amount sufficient to assure
18 payment of any amount of support due.
19 (15 ILCS 205/7.172 new)
20 Sec. 7.172. Information concerning obligors.
21 (a) In this Section:
22 "Arrearage", "delinquency", "obligor", and "order for
23 support" have the meanings attributed to those terms in
24 Section 7.165 of this Act.
25 "Consumer reporting agency" has the meaning attributed to
26 that term in Section 603(f) of the Fair Credit Reporting Act,
27 15 U.S.C. 1681a(f).
28 (b) Whenever a court of competent jurisdiction finds
29 that an obligor either owes an arrearage of more than $10,000
30 or is delinquent in payment of an amount equal to at least 3
31 months' support obligation pursuant to an order for support,
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1 the court shall direct the clerk of the court to make
2 information concerning the obligor available to consumer
3 reporting agencies.
4 (c) Whenever a court of competent jurisdiction finds
5 that an obligor either owes an arrearage of more than $10,000
6 or is delinquent in payment of an amount equal to at least 3
7 months' support obligation pursuant to an order for support,
8 the court shall direct the clerk of the court to cause the
9 obligor's name and address to be published in a newspaper of
10 general circulation in the area in which the obligor resides.
11 The clerk shall cause the obligor's name and address to be
12 published only after sending to the obligor at the obligor's
13 last known address, by certified mail, return receipt
14 requested, a notice of intent to publish the information.
15 This subsection (c) applies only if the obligor resides in
16 the county in which the clerk of the court holds office.
17 (15 ILCS 205/7.175 new)
18 Sec. 7.175. Other actions and remedies for support. The
19 procedures, actions and remedies provided in Sections 7.1
20 through 7.295 shall in no way be exclusive, but shall be
21 available in addition to other actions and remedies of
22 support, including, but not by way of limitation, the
23 remedies provided in the Parentage Act of 1984, the
24 Non-Support Punishment Act, and the Revised Uniform
25 Reciprocal Enforcement of Support Act.
26 (15 ILCS 205/7.180 new)
27 Sec. 7.180. Administrative order by registration. The
28 Attorney General may provide by rule for the administrative
29 registration of a support order entered by a court or
30 administrative body of another state. The purpose of
31 registration shall be to enforce or modify the order in
32 accordance with the provisions of the Uniform Interstate
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1 Family Support Act. Upon registration, such support order
2 shall become an administrative order of the Child and Spouse
3 Support Unit by operation of law. The rule shall provide for
4 notice to and an opportunity to be heard by the responsible
5 relative and custodial parent affected and any final
6 administrative decision rendered by the Attorney General
7 shall be reviewed only under and in accordance with the
8 Administrative Review Law.
9 Any new or existing support order registered by the
10 Attorney General under this Section shall be deemed to be a
11 series of judgments against the person obligated to pay
12 support thereunder, each such judgment to be in the amount of
13 each payment or installment of support and each such judgment
14 to be deemed entered as of the date the corresponding payment
15 or installment becomes due under the terms of the support
16 order. Each such judgment shall be enforceable in the same
17 manner as any other judgment in this State. A lien arises by
18 operation of law against the real and personal property of
19 the noncustodial parent for each installment of overdue
20 support owed by the noncustodial parent.
21 (15 ILCS 205/7.185 new)
22 Sec. 7.185. Income withholding by administrative order.
23 The Attorney General may provide by rule for entry of an
24 administrative support order containing income withholding
25 provisions and for service and enforcement of an income
26 withholding notice, by the Child and Spouse Support Unit
27 based upon and in the same manner as prescribed by the Income
28 Withholding for Support Act. The penalties provided in the
29 Income Withholding for Support Act shall apply hereto and
30 shall be enforced by filing an action under that Act. The
31 rule shall provide for notice to and an opportunity to be
32 heard by the responsible relative affected and any final
33 administrative decision rendered by the Attorney General
-55- LRB9110276WHcs
1 shall be reviewed only under and in accordance with the
2 Administrative Review Law.
3 (15 ILCS 205/7.190 new)
4 Sec. 7.190. Federal income tax refund intercept. The
5 Attorney General may provide by rule for certification to the
6 Department of Health and Human Services of past due support
7 <