[ Search ] [ PDF text ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
92_HB1912
LRB9206548DJgc
1 AN ACT concerning child support.
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,
-2- LRB9206548DJgc
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 92nd General Assembly) or the Attorney
16 General (on or 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 92nd General Assembly) or the Attorney General (on and
-3- LRB9206548DJgc
1 after that date) the for 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
-4- LRB9206548DJgc
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 92nd 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 13. The Attorney General Act is amended by
18 adding Sections 7.1 through 7.305 as follows:
19 (15 ILCS 205/7.1 new)
20 Sec. 7.1. Transfer of powers from Department of Public
21 Aid.
22 (a) On the effective date of this amendatory Act of the
23 92nd General Assembly, all the rights, powers, and duties
24 vested by law in the Illinois Department of Public Aid or the
25 Department's Child and Spouse Support Unit under Article X of
26 the Illinois Public Aid Code are transferred to the Attorney
27 General. Wherever, in any other Act, there is a reference to
28 the Illinois Department of Public Aid or the Department's
29 Child and Spouse Support Unit or to an officer, employee, or
30 agent of that Department or Unit concerning rights, powers,
31 and duties vested or performed under the authority of Article
32 X of the Illinois Public Aid Code, that reference, beginning
-5- LRB9206548DJgc
1 on the effective date of this amendatory Act of the 92nd
2 General Assembly, means the Attorney General, the Child and
3 Spouse Support Unit established under Section 7.20 of this
4 Act, or an officer, employee, or agent of the Attorney
5 General or the Child and Spouse Support Unit established
6 under Section 7.20.
7 (b) All books, records, property, pending business, and
8 funds pertaining to the rights, powers, and duties
9 transferred under this Section and in the custody of the
10 Illinois Department of Public Aid or the Department's Child
11 and Spouse Support Unit on the effective date of this
12 amendatory Act of the 92nd General Assembly shall be
13 delivered and transferred to the Attorney General on that
14 date.
15 (c) Beginning on the effective date of this amendatory
16 Act of the 92nd General Assembly, the rights, powers, and
17 duties transferred by this Section to the Attorney General
18 shall be vested in and shall be exercised by the Attorney
19 General subject to the provisions of this Section through
20 Section 7.305. Each act done in the exercise of those
21 rights, powers, and duties shall have the same legal effect
22 as if done by the Illinois Department of Public Aid or that
23 Department's Child and Spouse Support Unit.
24 (d) Beginning on the effective date of this amendatory
25 Act of the 92nd General Assembly, every person and other
26 legal entity shall be subject to the same obligations and
27 duties, and civil and criminal penalties arising from those
28 obligations and duties, and shall have the same rights
29 arising from the exercise of rights, powers, and duties by
30 the Attorney General or an officer, employee, or agent of the
31 Attorney General, as if those rights, powers, and duties have
32 been exercised by the Illinois Department of Public Aid, that
33 Department's Child and Spouse Support Unit, or an officer,
34 employee, or agent of that Department or Unit.
-6- LRB9206548DJgc
1 (e) Whenever reports or notices are now required to be
2 made or given or papers or documents furnished or served by
3 any person to or upon the Illinois Department of Public Aid
4 or that Department's Child and Spouse Support Unit under
5 Article X of the Illinois Public Aid Code, those reports or
6 notices shall, on and after the effective date of this
7 amendatory Act of the 92nd General Assembly, be made, given,
8 furnished, or served in the same manner to or upon the
9 Attorney General.
10 (f) The provisions of this Section through Section 7.305
11 do not affect any act done, ratified, or cancelled, or any
12 right occurring or established, or any action or proceeding
13 had or commenced in an administrative, civil, or criminal
14 cause before the effective date of this amendatory Act of the
15 92nd General Assembly by the Illinois Department of Public
16 Aid or that Department's Child and Spouse Support Unit under
17 Article X of the Illinois Public Aid Code, and those actions
18 or proceedings may be prosecuted and continued by the
19 Attorney General.
20 (g) No by-law, rule, or regulation adopted by the
21 Illinois Department of Public Aid as an exercise of a right,
22 power, or duty that has been transferred to the Attorney
23 General under this Section through Section 7.305 shall be
24 affected by those Sections. On the effective date of this
25 amendatory Act of the 92nd General Assembly, those by-laws,
26 rules, and regulations shall become the by-laws, rules, and
27 regulations of the Attorney General.
28 (h) If waivers of any federal law or regulation are
29 necessary to enable the Attorney General to implement any
30 provisions of this amendatory Act of the 92nd General
31 Assembly, the Attorney General, promptly after the effective
32 date of this amendatory Act of the 92nd General Assembly,
33 shall apply for those waivers, and implementation of those
34 provisions is conditioned on the Attorney General's receipt
-7- LRB9206548DJgc
1 of those waivers.
2 (i) Personnel employed by the Illinois Department of
3 Public Aid to perform functions that are transferred by this
4 amendatory Act of the 92nd General Assembly to the Attorney
5 General shall, upon the effective date of this amendatory Act
6 of the 92nd General Assembly, become employees of the Office
7 of the Attorney General. All transferred employees who are
8 members of collective bargaining units shall retain their
9 seniority, continuous service, salary, and accrued benefits.
10 During the pendency of the existing collective bargaining
11 agreement, the rights provided for under that agreement and
12 memoranda and supplements to that agreement, including, but
13 not limited to, the right of employees in the Child and
14 Spouse Support Unit to positions in other State agencies and
15 the right of employees in other State agencies covered by the
16 agreement to positions in the Child and Spouse Support Unit,
17 shall not be abridged.
18 The Office of the Attorney General shall continue to
19 honor all collective bargaining agreements in effect at the
20 time of the transfer and to recognize all collective
21 bargaining representatives for the employees who perform or
22 will perform functions transferred by this amendatory Act of
23 the 92nd General Assembly. For all purposes with respect to
24 the management of the existing agreement and the negotiation
25 and management of any successor agreements, the Attorney
26 General shall be deemed to be the employer of employees who
27 perform or will perform functions transferred by this
28 amendatory Act of the 92nd General Assembly; provided that
29 the Illinois Department of Central Management Services shall
30 be a party to any grievance or arbitration proceeding held
31 pursuant to the provisions of the collective bargaining
32 agreement which involves the movement of employees from the
33 Office of the Attorney General to an agency under the
34 jurisdiction of the Governor covered by the agreement.
-8- LRB9206548DJgc
1 (j) Personnel employed by the Department of Public Aid
2 to perform functions that are not clearly classifiable as
3 being related to the determination and enforcement of support
4 responsibility of relatives under Article X of the Illinois
5 Public Aid Code or who are employed to perform complex
6 functions that are transferred only in part to the Attorney
7 General under this amendatory Act of the 92nd General
8 Assembly shall be assigned to the appropriate Department by
9 the Director of Public Aid and the Attorney General, in
10 consultation with the Director of Central Management
11 Services.
12 (k) The rights of State employees, the State, and its
13 agencies under applicable retirement plans are not affected
14 by this amendatory Act of the 92nd General Assembly.
15 (15 ILCS 205/7.5 new)
16 Sec. 7.5. Public policy; persons eligible for services;
17 fees. It is the intent of the Illinois Public Aid Code that
18 the financial aid and social welfare services provided under
19 that Code supplement rather than supplant the primary and
20 continuing obligation of the family unit for self-support to
21 the fullest extent permitted by the resources available to
22 it. This primary and continuing obligation applies whether
23 the family unit of parents and children or of husband and
24 wife remains intact and resides in a common household or
25 whether the unit has been broken by absence of one or more
26 members of the unit. The obligation of the family unit is
27 particularly applicable when a member is in necessitous
28 circumstances and lacks the means of a livelihood compatible
29 with health and well-being.
30 It is the purpose of Sections 7.1 through 7.305 to
31 provide for locating an absent parent or spouse, for
32 determining his financial circumstances, and for enforcing
33 his legal obligation of support, if he is able to furnish
-9- LRB9206548DJgc
1 support, in whole or in part. The Attorney General shall
2 give priority to establishing, enforcing and collecting the
3 current support obligation, and then to past due support owed
4 to the family unit, except with respect to collections
5 effected through the intercept programs provided for in
6 Sections 7.1 through 7.305.
7 The child and spouse support services provided under
8 Sections 7.1 through 7.305 shall be furnished dependents of
9 an absent parent or spouse who are applicants for or
10 recipients of financial aid under the Illinois Public Aid
11 Code. It is not, however, a condition of eligibility for
12 financial aid under that Code that there be no responsible
13 relatives who are reasonably able to provide support. Nor,
14 except as provided in Section 4-1.7 of that Code and Section
15 7.50 of this Act, shall the existence of such relatives or
16 their payment of support contributions disqualify a needy
17 person for financial aid.
18 By accepting financial aid under the Illinois Public Aid
19 Code, a spouse or a parent or other person having custody of
20 a child shall be deemed to have made assignment to the State
21 of Illinois (for aid under Articles III, IV, V, and VII of
22 that Code) or to a local governmental unit (for aid under
23 Article VI of that Code) of all rights, title, and interest
24 in any support obligation up to the amount of financial aid
25 provided by that department or local governmental unit. The
26 rights to support assigned to the State of Illinois or local
27 governmental unit shall constitute an obligation owed the
28 State or local governmental unit by the person who is
29 responsible for providing the support, and shall be
30 collectible under all applicable processes.
31 The Attorney General shall also furnish the child and
32 spouse support services established under Sections 7.1
33 through 7.305 in behalf of spouses and dependent children who
34 are not applicants for or recipients of financial aid under
-10- LRB9206548DJgc
1 the Illinois Public Aid Code in accordance with the
2 requirements of Title IV, Part D of the Social Security Act.
3 The Attorney General may establish a schedule of reasonable
4 fees, to be paid for the services provided and may deduct a
5 collection fee, not to exceed 10% of the amount collected,
6 from such collection. The Attorney General shall cause to be
7 published and distributed publications reasonably calculated
8 to inform the public that individuals who are not recipients
9 of or applicants for public aid under the Illinois Public Aid
10 Code are eligible for the child and spouse support services
11 under Sections 7.1 through 7.305. Such publications shall
12 set forth an explanation, in plain language, that the child
13 and spouse support services program is independent of any
14 public aid program under the Code and that the receiving of
15 child and spouse support service in no way implies that the
16 person receiving such service is receiving public aid.
17 (15 ILCS 205/7.10 new)
18 Sec. 7.10. Extent of liability. A husband is liable for
19 the support of his wife and a wife for the support of her
20 husband. The parents are severally liable for the support of
21 any child under the age of 18, except that a parent is not
22 liable for a child of any age if the child has married and is
23 not living with the parent or parents. The term "child"
24 includes a child born out of wedlock or legally adopted
25 child.
26 In addition to the primary obligation of support imposed
27 upon responsible relatives, such relatives, if individually
28 or together in any combination they have sufficient income or
29 other resources to support a needy person, in whole or in
30 part, shall be liable for any financial aid extended under
31 the Illinois Public Aid Code to a person for whose support
32 they are responsible, including amounts expended for funeral
33 and burial costs.
-11- LRB9206548DJgc
1 (15 ILCS 205/7.15 new)
2 Sec. 7.15. Standard for determining ability to support.
3 The Attorney General shall establish a standard by which
4 shall be measured the ability of responsible relatives to
5 provide support, and shall implement the standard by rules
6 governing its application. The standard and the rules shall
7 take into account the buying and consumption patterns of
8 self-supporting persons of modest income, present or future
9 contingencies having direct bearing on maintenance of the
10 relative's self-support status and fulfillment of his
11 obligations to his immediate family, and any unusual or
12 exceptional circumstances including estrangement or other
13 personal or social factors, that have a bearing on family
14 relationships and the relative's ability to meet his support
15 obligations. The standard shall be recomputed periodically
16 to reflect changes in the cost of living and other pertinent
17 factors.
18 In addition to the standard, the Attorney General may
19 establish guidelines to be used exclusively to measure the
20 ability of responsible relatives to provide support on behalf
21 of applicants for or recipients of financial aid under
22 Article IV of the Illinois Public Aid Code and other persons
23 who are given access to the child and spouse support services
24 of Sections 7.1 through 7.305 of this Act as provided in
25 Section 7.5. In such case, the Attorney General shall base
26 the guidelines upon the applicable provisions of Sections
27 504, 505 and 505.2 of the Illinois Marriage and Dissolution
28 of Marriage Act and shall implement such guidelines by rules
29 governing their application.
30 The term "administration enforcement unit", when used in
31 Sections 7.5 through 7.305, means local governmental units or
32 the Child and Spouse Support Unit established under Section
33 7.20 when exercising the powers designated in Sections 7.1
34 through 7.305. The administrative enforcement unit shall
-12- LRB9206548DJgc
1 apply the standard or guidelines, rules and procedures
2 provided for by this Section and Sections 7.30 through 7.50
3 in determining the ability of responsible relatives to
4 provide support for applicants for or recipients of financial
5 aid under the Illinois Public Aid Code, except that the
6 administrative enforcement unit may apply such standard or
7 guidelines, rules and procedures at its discretion with
8 respect to those applicants for or recipients of financial
9 aid under Article IV of that Code and other persons who are
10 given access to the child and spouse support services of
11 Sections 7.1 through 7.305 of this Act as provided by Section
12 7.5.
13 (15 ILCS 205/7.20 new)
14 Sec. 7.20. Child and Spouse Support Unit. The Attorney
15 General shall establish within his or her administrative
16 staff a Child and Spouse Support Unit to search for and
17 locate absent parents and spouses liable for the support of
18 persons resident in this State and to exercise the support
19 enforcement powers and responsibilities assigned the Attorney
20 General by Sections 7.1 through 7.305. The Unit shall
21 cooperate with all law enforcement officials in this State
22 and with the authorities of other states in locating persons
23 responsible for the support of persons resident in other
24 states and shall invite the cooperation of these authorities
25 in the performance of its duties.
26 In addition to other duties assigned the Child and Spouse
27 Support Unit by Sections 7.1 through 7.305, the Unit may
28 refer to units of local government any actions under Sections
29 7.60 and 7.155 for judicial enforcement of the support
30 liability.
31 The Attorney General may enter into agreements with local
32 governmental units or individuals for the collection of
33 moneys owing because of the failure of a parent to make child
-13- LRB9206548DJgc
1 support payments for any child receiving services under
2 Sections 7.1 through 7.305. Such agreements may be on a
3 contingent fee basis, but such contingent fee shall not
4 exceed 25% of the total amount collected.
5 An attorney who provides representation pursuant to this
6 Section shall represent the Attorney General exclusively.
7 Regardless of the designation of the plaintiff in an action
8 brought pursuant to this Section, an attorney-client
9 relationship does not exist for purposes of that action
10 between that attorney and (i) an applicant for or recipient
11 of child and spouse support services or (ii) any other party
12 to the action other than the Attorney General. Nothing in
13 this Section shall be construed to modify any power or duty
14 (including a duty to maintain confidentiality) of the Child
15 and Spouse Support Unit or the Attorney General otherwise
16 provided by law.
17 The Attorney General may enter into agreements with local
18 governmental units for the Child and Spouse Support Unit to
19 exercise the investigative and enforcement powers designated
20 in Sections 7.1 through 7.305, including the issuance of
21 administrative orders under Section 7.80, in locating
22 responsible relatives and obtaining support for persons
23 applying for or receiving aid under Article VI of the
24 Illinois Public Aid Code. Payments for defrayment of
25 administrative costs and support payments obtained shall be
26 deposited into the DHS Recoveries Trust Fund. Support
27 payments shall be paid over to the General Assistance Fund of
28 the local governmental unit at such time or times as the
29 agreement may specify.
30 With respect to those cases in which it has support
31 enforcement powers and responsibilities under Sections 7.1
32 through 7.305, the Attorney General may provide by rule for
33 periodic or other review of each administrative and court
34 order for support to determine whether a modification of the
-14- LRB9206548DJgc
1 order should be sought. The Attorney General shall provide
2 for and conduct such review in accordance with any applicable
3 federal law and regulation.
4 As part of its process for review of orders for support,
5 the Attorney General, through written notice, may require the
6 responsible relative to disclose his or her Social Security
7 Number and past and present information concerning the
8 relative's address, employment, gross wages, deductions from
9 gross wages, net wages, bonuses, commissions, number of
10 dependent exemptions claimed, individual and dependent health
11 insurance coverage, and any other information necessary to
12 determine the relative's ability to provide support in a case
13 receiving child and spouse support services under Sections
14 7.1 through 7.305.
15 The Attorney General may send a written request for the
16 same information to the relative's employer. The employer
17 shall respond to the request for information within 15 days
18 after the date the employer receives the request. If the
19 employer willfully fails to fully respond within the 15-day
20 period, the employer shall pay a penalty of $100 for each day
21 that the response is not provided to the Attorney General
22 after the 15-day period has expired. The penalty may be
23 collected in a civil action which may be brought against the
24 employer in favor of the Attorney General.
25 A written request for information sent to an employer
26 pursuant to this Section shall consist of (i) a citation of
27 this Section as the statutory authority for the request and
28 for the employer's obligation to provide the requested
29 information, (ii) a returnable form setting forth the
30 employer's name and address and listing the name of the
31 employee with respect to whom information is requested, and
32 (iii) a citation of this Section as the statutory authority
33 authorizing the employer to withhold a fee of up to $20 from
34 the wages or income to be paid to each responsible relative
-15- LRB9206548DJgc
1 for providing the information to the Attorney General within
2 the 15-day period. If the employer is withholding support
3 payments from the responsible relative's income pursuant to
4 an order for withholding, the employer may withhold the fee
5 provided for in this Section only after withholding support
6 as required under the order. Any amounts withheld from the
7 responsible relative's income for payment of support and the
8 fee provided for in this Section shall not be in excess of
9 the amounts permitted under the federal Consumer Credit
10 Protection Act.
11 In a case receiving child and spouse support services,
12 the Attorney General may request and obtain information from
13 a particular employer under this Section no more than once in
14 any 12-month period, unless the information is necessary to
15 conduct a review of a court or administrative order for
16 support at the request of the person receiving child and
17 spouse support services.
18 The Attorney General shall establish and maintain an
19 administrative unit to receive and transmit to the Child and
20 Spouse Support Unit information supplied by persons applying
21 for or receiving child and spouse support services under
22 Section 7.5.
23 In addition to its other powers and responsibilities
24 established by Sections 7.1 through 7.305, the Child and
25 Spouse Support Unit shall conduct an annual assessment of
26 each institution's program for institution based paternity
27 establishment under Section 12 of the Vital Records Act.
28 (15 ILCS 205/7.25 new)
29 Sec. 7.25. Parent locator service. The Attorney General
30 through the Child and Spouse Support Unit shall enter into
31 agreements with the Secretary of Health and Human Services or
32 his designee under which the services of the federal Parent
33 Locator Service established by the Social Security Act are
-16- LRB9206548DJgc
1 made available to this State and the Attorney General for the
2 purpose of locating an absent parent or child when the child
3 has been abducted or otherwise improperly removed or retained
4 from the physical custody of a parent or other person
5 entitled to custody of the child, or in connection with the
6 making or enforcing of a child custody determination in
7 custody proceedings instituted under the Uniform Child
8 Custody Jurisdiction Act, or otherwise in accordance with
9 law. The Attorney General shall provide general information
10 to the public about the availability and use of the Parent
11 Locator Service in relation to child abduction and custody
12 determination proceedings, shall promptly respond to
13 inquiries made by those parties specified by federal
14 regulations upon receipt of information as to the location of
15 an absent parent or child from the federal Parent Locator
16 Service, and shall maintain accurate records as to the number
17 of such inquiries received and processed by the Attorney
18 General.
19 (15 ILCS 205/7.27 new)
20 Sec. 7.27. Locating support obligor and others;
21 penalties.
22 (a) The Child and Spouse Support Unit may request and
23 receive from employers, labor unions, telephone companies,
24 and utility companies location information concerning
25 putative fathers and noncustodial parents for the purpose of
26 establishing a child's paternity or establishing, enforcing,
27 or modifying a child support obligation. In this Section,
28 "location information" means information about (i) the
29 physical whereabouts of a putative father or noncustodial
30 parent, (ii) the putative father or noncustodial parent's
31 employer, or (iii) the salary, wages, and other compensation
32 paid and the health insurance coverage provided to the
33 putative father or noncustodial parent by the employer of the
-17- LRB9206548DJgc
1 putative father or noncustodial parent or by a labor union of
2 which the putative father or noncustodial parent is a member.
3 The employer of a putative father or noncustodial parent
4 or the labor union of which the putative father or
5 noncustodial parent is a member shall respond to the request
6 of the Child and Spouse Support Unit within 15 days after the
7 employer or labor union receives the request. Any employer
8 or labor union that willfully fails to fully respond within
9 the 15-day period shall be subject to a penalty of $100 for
10 each day that the response is not provided to the Attorney
11 General after the 15-day period has expired. The penalty may
12 be collected in a civil action, which may be brought against
13 the employer or labor union in favor of the Attorney General.
14 (b) Pursuant to an administrative subpoena as authorized
15 under Sections 7.1 through 7.305, the Child and Spouse
16 Support Unit may request and receive from utility companies
17 and cable television companies location information
18 concerning individuals who owe or are owed support or against
19 whom or with respect to whom a support obligation is sought.
20 (15 ILCS 205/7.28 new)
21 Sec. 7.28. Obtaining location information.
22 (a) The Attorney General shall enter into agreements
23 with the Department of State Police and the Secretary of
24 State to obtain location information on persons for the
25 purpose of establishing paternity and establishing,
26 modifying, and enforcing child support obligations.
27 (b) Upon request, the Attorney General shall provide
28 information obtained pursuant to this Section to federal
29 agencies and other states' agencies conducting child support
30 enforcement activities under Title IV, Part D of the Social
31 Security Act.
32 (15 ILCS 205/7.30 new)
-18- LRB9206548DJgc
1 Sec. 7.30. Notification of support obligation. The
2 administrative enforcement unit within the authorized area of
3 its operation shall notify each responsible relative of an
4 applicant or recipient, or responsible relatives of other
5 persons given access to the support services of Sections 7.1
6 through 7.305, of his legal obligation to support and shall
7 request such information concerning his financial status as
8 may be necessary to determine whether he is financially able
9 to provide such support, in whole or in part. In cases
10 involving a child born out of wedlock, the notification shall
11 include a statement that the responsible relative has been
12 named as the biological father of the child identified in the
13 notification.
14 In the case of applicants, the notification shall be sent
15 as soon as practical after the filing of the application. In
16 the case of recipients, the notice shall be sent at such time
17 as may be established by rule of the Attorney General.
18 The notice shall be accompanied by the forms or
19 questionnaires provided in Section 7.35. It shall inform the
20 relative that he may be liable for reimbursement of any
21 support furnished from public aid funds prior to
22 determination of the relative's financial circumstances, as
23 well as for future support. In the alternative, when support
24 is sought on behalf of applicants for or recipients of
25 financial aid under Article IV of the Illinois Public Aid
26 Code and other persons who are given access to the child and
27 spouse support services of Section 7.1 through 7.305 as
28 provided in Section 7.5, the notice shall inform the relative
29 that the relative may be required to pay support for a period
30 before the date an administrative support order is entered,
31 as well as future support.
32 Neither the mailing nor receipt of such notice shall be
33 deemed a jurisdictional requirement for the subsequent
34 exercise of the investigative procedures undertaken by an
-19- LRB9206548DJgc
1 administrative enforcement unit or the entry of any order or
2 determination of paternity or support or reimbursement by the
3 administrative enforcement unit; except that notice shall be
4 served by certified mail addressed to the responsible
5 relative at his or her last known address, return receipt
6 requested, or by any method provided by law for service of
7 summons, in cases where a determination of paternity or
8 support by default is sought on behalf of applicants for or
9 recipients of financial aid under Article IV of the Illinois
10 Public Aid Code and other persons who are given access to the
11 child and spouse support services of Sections 7.1 through
12 7.305 as provided in Section 7.5.
13 (15 ILCS 205/7.35 new)
14 Sec. 7.35. Declarations by responsible relatives;
15 penalty.
16 Information requested of responsible relatives shall be
17 submitted on forms or questionnaires prescribed by the
18 Attorney General or local governmental units, as the case may
19 be, and shall contain a written declaration to be signed by
20 the relative in substantially the following form:
21 "I declare under penalties of perjury that I have
22 examined this form (or questionnaire) and all accompanying
23 statements or documents pertaining to my income, resources,
24 or any other matter having bearing upon my status and ability
25 to provide support, and to the best of my knowledge and
26 belief the information supplied is true, correct, and
27 complete."
28 A person who makes and subscribes a form or questionnaire
29 which contains, as hereinabove provided, a written
30 declaration that it is made under the penalties of perjury,
31 knowing it to be false, incorrect or incomplete, in respect
32 to any material statement or representation bearing upon his
33 status as a responsible relative, or upon his income,
-20- LRB9206548DJgc
1 resources, or other matter concerning his ability to provide
2 support, shall be subject to the penalties for perjury
3 provided for in Section 32-2 of the Criminal Code of 1961.
4 (15 ILCS 205/7.40 new)
5 Sec. 7.40. Investigation and determination. The
6 administrative enforcement unit shall review the forms or
7 questionnaires returned by each responsible relative and
8 supplement the information provided therein, where required,
9 by such additional consultations with the responsible
10 relative and such other investigations as may be necessary,
11 including genetic testing if paternity is an issue, and,
12 applying the standard or guidelines and regulations
13 established by the Attorney General, shall determine whether
14 and the extent to which, the responsible relative
15 individually or together in any combination, are reasonably
16 able to provide support. If the child was born out of
17 wedlock and the case is subject to the voluntary
18 acknowledgment of paternity or the administrative
19 determination of paternity under rules established under
20 Section 7.210, the Child and Spouse Support Unit of the
21 Attorney General shall determine the child support obligation
22 under subsection (b) of Section 7.45 upon establishing the
23 child's paternity. If the child's paternity was established
24 by judicial or administrative process in any other state, the
25 Attorney General may use administrative processes contained
26 in Sections 7.1 through 7.305 to establish a child support
27 order.
28 In aid of its investigative authority, the Child and
29 Spouse Support Unit may use the subpoena power as set forth
30 in Sections 7.1 through 7.305.
31 The Attorney General, by rule, may authorize the
32 administrative enforcement units to conduct periodic or other
33 reinvestigations and redeterminations of the financial
-21- LRB9206548DJgc
1 ability of responsible relatives. Any redeterminations shall
2 have the effect of altering, amending, or modifying previous
3 determinations and administrative orders entered pursuant to
4 Sections 7.45 and 7.80. However, any redetermination which
5 establishes liability for support or reimbursement, or which
6 modifies the support or reimbursement liability specified in
7 a prior order, shall be subject to the provisions of Section
8 7.90 and the administrative and judicial review procedures
9 herein provided for original orders.
10 (15 ILCS 205/7.45 new)
11 Sec. 7.45. Notice of support due.
12 (a) When an administrative enforcement unit has
13 determined that a responsible relative is financially able to
14 contribute to the support of an applicant or recipient, the
15 responsible relative shall be notified by mailing him a copy
16 of the determination by United States registered or certified
17 mail, advising him of his legal obligation to make support
18 payments for such period or periods of time, definite in
19 duration or indefinite, as the circumstances require. The
20 notice shall direct payment as provided in Section 7.50.
21 Where applicable, the determination and notice may include a
22 demand for reimbursement for emergency aid granted an
23 applicant or recipient during the period between the
24 application and determination of the relative's obligation
25 for support and for aid granted during any subsequent period
26 the responsible relative was financially able to provide
27 support but failed or refused to do so.
28 (b) In the alternative, when support is sought on behalf
29 of applicants for or recipients of financial aid under
30 Article IV of the Illinois Public Aid Code and other persons
31 who are given access to the child and spouse support services
32 of Sections 7.1 through 7.305 as provided in Section 7.5, the
33 administrative enforcement unit shall not be required to send
-22- LRB9206548DJgc
1 the notice and may enter an administrative order immediately
2 under the provisions of Section 7.80. The order shall be
3 based upon the determination made under the provisions of
4 Section 7.40 or, in instances of default, upon the needs of
5 the persons for whom support is sought. In addition to
6 requiring payment of future support, the administrative order
7 may require payment of support for a period before the date
8 the order is entered. The amount of support to be paid for
9 the prior period shall be determined under the guidelines
10 established by the Attorney General pursuant to Section 7.15.
11 The order shall direct payment as provided in Section 7.60.
12 (15 ILCS 205/7.50 new)
13 Sec. 7.50. Support payments. The notice to responsible
14 relatives issued pursuant to Section 7.45 shall direct
15 payment (i) to the Attorney General in cases of applicants
16 and recipients under Articles III, IV, V and VII of the
17 Illinois Public Aid Code, (ii) except as provided in Section
18 7.20, to the local governmental unit in the case of
19 applicants and recipients under Article VI of the Illinois
20 Public Aid Code, and (iii) to the Attorney General in cases
21 of non-applicants and non-recipients given access to the
22 child and spouse support services of Sections 7.1 through
23 7.305, as provided by Section 7.5. However, if the support
24 payments by responsible relatives are sufficient to meet
25 needs of a recipient in full, including current and
26 anticipated medical needs, and the Attorney General or the
27 local governmental unit, as the case may be, has reasonable
28 grounds to believe that such needs will continue to be
29 provided in full by the responsible relatives, the relatives
30 may be directed to make subsequent support payments to the
31 needy person or to some person or agency in his behalf and
32 the recipient shall be removed from the public aid rolls. In
33 such instance the recipient also shall be notified by
-23- LRB9206548DJgc
1 registered or certified mail of the action taken. If a
2 recipient removed from the public aid rolls requests the
3 Attorney General to continue to collect the support payments
4 in his behalf, the Attorney General, at his option, may do so
5 and pay amounts so collected to the person. The Attorney
6 General may provide for deducting any costs incurred by him
7 in making the collection from the amount of any recovery made
8 and pay only the net amount to the person.
9 Payments under this Section to the Illinois Department of
10 Public Aid or the Attorney General pursuant to the Child
11 Support Enforcement Program established by Title IV-D of the
12 Social Security Act shall be paid into the Child Support
13 Enforcement Trust Fund. All payments under this Section to
14 the Illinois Department of Human Services shall be deposited
15 in the DHS Recoveries Trust Fund. Disbursements from these
16 funds shall be as provided in Sections 12-9.1 and 12-10.2 of
17 the Illinois Public Aid Code. Payments received by a local
18 governmental unit shall be deposited in that unit's General
19 Assistance Fund.
20 To the extent the provisions of this Section are
21 inconsistent with the requirements pertaining to the State
22 Disbursement Unit under Sections 7.76 and 7.295, the
23 provisions pertaining to the State Disbursement Unit shall
24 apply.
25 (15 ILCS 205/7.52 new)
26 Sec. 7.52. Temporary order for child support.
27 Notwithstanding any other law to the contrary, pending the
28 outcome of an administrative determination of parentage, the
29 Attorney General shall issue a temporary order for child
30 support, upon motion by a party and a showing of clear and
31 convincing evidence of paternity based on genetic test
32 results or other evidence. In determining the amount of the
33 temporary child support award, the Attorney General shall use
-24- LRB9206548DJgc
1 the guidelines and standards set forth in subsection (a) of
2 Section 505 and in Section 505.2 of the Illinois Marriage and
3 Dissolution of Marriage Act.
4 Any new or existing support order entered by the Attorney
5 General under this Section shall be deemed to be a series of
6 judgments against the person obligated to pay support
7 thereunder, each such judgment to be in the amount of each
8 payment or installment of support and each judgment to be
9 deemed entered as of the date the corresponding payment or
10 installment becomes due under the terms of the support order.
11 Each such judgment shall have the full force, effect, and
12 attributes of any other judgment of this State, including the
13 ability to be enforced. Any such judgment is subject to
14 modification or termination only in accordance with Section
15 510 of the Illinois Marriage and Dissolution of Marriage Act.
16 A lien arises by operation of law against the real and
17 personal property of the noncustodial parent for each
18 installment of overdue support owed by the noncustodial
19 parent.
20 All orders for support entered or modified in a case in
21 which a party is receiving child and spouse support services
22 under Sections 7.1 through 7.305 shall include a provision
23 requiring the non-custodial parent to notify the Attorney
24 General, within 7 days, (i) of the name, address, and
25 telephone number of any new employer of the non-custodial
26 parent, (ii) whether the non-custodial parent has access to
27 health insurance coverage through the employer or other group
28 coverage, and, if so, the policy name and number and the
29 names of persons covered under the policy, and (iii) of any
30 new residential or mailing address or telephone number of the
31 non-custodial parent.
32 In any subsequent action to enforce a support order, upon
33 sufficient showing that diligent effort has been made to
34 ascertain the location of the non-custodial parent, service
-25- LRB9206548DJgc
1 of process or provision of notice necessary in that action
2 may be made at the last known address of the non-custodial
3 parent, in any manner expressly provided by the Code of Civil
4 Procedure or this Act, which service shall be sufficient for
5 purposes of due process.
6 An order for support shall include a date on which the
7 current support obligation terminates. The termination date
8 shall be no earlier than the date on which the child covered
9 by the order will attain the age of majority or is otherwise
10 emancipated. The order for support shall state that the
11 termination date does not apply to any arrearage that may
12 remain unpaid on that date. Nothing in this paragraph shall
13 be construed to prevent the Attorney General from modifying
14 the order.
15 (15 ILCS 205/7.55 new)
16 Sec. 7.55. Alternative actions to enforce support. If a
17 responsible relative fails or refuses to furnish support, or
18 contributes less than the amount indicated by the
19 determination, the administrative enforcement unit shall take
20 action to enforce support in accordance with Section 7.60 or
21 Section 7.80.
22 (15 ILCS 205/7.60 new)
23 Sec. 7.60. Court enforcement. Except where the Attorney
24 General, by agreement, acts for the local governmental unit,
25 as provided in Section 7.20, local governmental units shall
26 refer to the State's Attorney or to the proper legal
27 representative of the governmental unit, for judicial
28 enforcement as herein provided, instances of non-support or
29 insufficient support when the dependents are applicants or
30 recipients under Article VI of the Illinois Public Aid Code.
31 The Child and Spouse Support Unit established by Section 7.20
32 may institute in behalf of the Illinois Department of Public
-26- LRB9206548DJgc
1 Aid any actions under this Section for judicial enforcement
2 of the support liability when the dependents are applicants
3 or recipients under Articles III, IV, V or VII of the
4 Illinois Public Aid Code. The Unit may institute in behalf of
5 the Attorney General any actions under this Section for
6 judicial enforcement of the support liability when the
7 dependents are applicants or recipients in a local
8 governmental unit when the Attorney General, by agreement,
9 acts for the unit. The Unit may institute in behalf of the
10 dependents any actions under this Section for judicial
11 enforcement of the support liability when the dependents are
12 non-applicants or non-recipients who are receiving support
13 enforcement services under Sections 7.1 through 7.305, as
14 provided in Section 7.5. Where the Child and Spouse Support
15 Unit has exercised its option and discretion not to apply the
16 provisions of Sections 7.15 through 7.50, the failure by the
17 Unit to apply such provisions shall not be a bar to bringing
18 an action under this Section.
19 Action shall be brought in the circuit court to obtain
20 support, or for the recovery of aid granted during the period
21 such support was not provided, or both for the obtainment of
22 support and the recovery of the aid provided. Actions for
23 the recovery of aid may be taken separately or they may be
24 consolidated with actions to obtain support. Such actions
25 may be brought in the name of the person or persons requiring
26 support, or may be brought in the name of the Illinois
27 Department of Public Aid or the local governmental unit, as
28 the case requires, in behalf of such persons.
29 The court may enter such orders for the payment of moneys
30 for the support of the person as may be just and equitable
31 and may direct payment thereof for such period or periods of
32 time as the circumstances require, including support for a
33 period before the date the order for support is entered. The
34 order may be entered against any or all of the defendant
-27- LRB9206548DJgc
1 responsible relatives and may be based upon the proportionate
2 ability of each to contribute to the person's support.
3 The Court shall determine the amount of child support
4 (including child support for a period before the date the
5 order for support is entered) by using the guidelines and
6 standards set forth in subsection (a) of Section 505 and in
7 Section 505.2 of the Illinois Marriage and Dissolution of
8 Marriage Act. For purposes of determining the amount of
9 child support to be paid for a period before the date the
10 order for child support is entered, there is a rebuttable
11 presumption that the responsible relative's net income for
12 that period was the same as his or her net income at the time
13 the order is entered.
14 If (i) the responsible relative was properly served with
15 a request for discovery of financial information relating to
16 the responsible relative's ability to provide child support,
17 (ii) the responsible relative failed to comply with the
18 request, despite having been ordered to do so by the court,
19 and (iii) the responsible relative is not present at the
20 hearing to determine support despite having received proper
21 notice, then any relevant financial information concerning
22 the responsible relative's ability to provide child support
23 that was obtained pursuant to subpoena and proper notice
24 shall be admitted into evidence without the need to establish
25 any further foundation for its admission.
26 An order entered under this Section shall include a
27 provision requiring the obligor to report to the obligee and
28 to the clerk of court within 10 days each time the obligor
29 obtains new employment, and each time the obligor's
30 employment is terminated for any reason. The report shall be
31 in writing and shall, in the case of new employment, include
32 the name and address of the new employer. Failure to report
33 new employment or the termination of current employment, if
34 coupled with nonpayment of support for a period in excess of
-28- LRB9206548DJgc
1 60 days, is indirect criminal contempt. For any obligor
2 arrested for failure to report new employment bond shall be
3 set in the amount of the child support that should have been
4 paid during the period of unreported employment. An order
5 entered under this Section shall also include a provision
6 requiring the obligor and obligee parents to advise each
7 other of a change in residence within 5 days of the change
8 except when the court finds that the physical, mental, or
9 emotional health of a party or that of a minor child, or
10 both, would be seriously endangered by disclosure of the
11 party's address.
12 The Court shall determine the amount of maintenance using
13 the standards set forth in Section 504 of the Illinois
14 Marriage and Dissolution of Marriage Act.
15 Any new or existing support order entered by the court
16 under this Section shall be deemed to be a series of
17 judgments against the person obligated to pay support
18 thereunder, each such judgment to be in the amount of each
19 payment or installment of support and each such judgment to
20 be deemed entered as of the date the corresponding payment or
21 installment becomes due under the terms of the support order.
22 Each such judgment shall have the full force, effect and
23 attributes of any other judgment of this State, including the
24 ability to be enforced. Any such judgment is subject to
25 modification or termination only in accordance with Section
26 510 of the Illinois Marriage and Dissolution of Marriage Act.
27 A lien arises by operation of law against the real and
28 personal property of the noncustodial parent for each
29 installment of overdue support owed by the noncustodial
30 parent.
31 When an order is entered for the support of a minor, the
32 court may provide therein for reasonable visitation of the
33 minor by the person or persons who provided support pursuant
34 to the order. Whoever willfully refuses to comply with such
-29- LRB9206548DJgc
1 visitation order or willfully interferes with its enforcement
2 may be declared in contempt of court and punished therefor.
3 Except where the local governmental unit has entered into
4 an agreement with the Attorney General for the Child and
5 Spouse Support Unit to act for it, as provided in Section
6 7.20, support orders entered by the court in cases involving
7 applicants or recipients under Article VI of the Illinois
8 Public Aid Code shall provide that payments thereunder be
9 made directly to the local governmental unit. Orders for the
10 support of all other applicants or recipients under that Code
11 shall provide that payments thereunder be made directly to
12 the Attorney General. In accordance with federal law and
13 regulations, the Attorney General may continue to collect
14 current maintenance payments or child support payments, or
15 both, after those persons cease to receive public assistance
16 and until termination of services under Sections 7.1 through
17 7.305. The Attorney General shall pay the net amount
18 collected to those persons after deducting any costs incurred
19 in making the collection or any collection fee from the
20 amount of any recovery made. In both cases the order shall
21 permit the local governmental unit or the Attorney General,
22 as the case may be, to direct the responsible relative or
23 relatives to make support payments directly to the needy
24 person, or to some person or agency in his behalf, upon
25 removal of the person from the public aid rolls or upon
26 termination of services under Sections 7.1 through 7.305.
27 If the notice of support due issued pursuant to Section
28 7.45 directs that support payments be made directly to the
29 needy person, or to some person or agency in his behalf, and
30 the recipient is removed from the public aid rolls, court
31 action may be taken against the responsible relative
32 hereunder if he fails to furnish support in accordance with
33 the terms of such notice.
34 Actions may also be brought under this Section in behalf
-30- LRB9206548DJgc
1 of any person who is in need of support from responsible
2 relatives, as defined in Section 2-11 of the Illinois Public
3 Aid Code who is not an applicant for or recipient of
4 financial aid under that Code. In such instances, the
5 State's Attorney of the county in which such person resides
6 shall bring action against the responsible relatives
7 hereunder. If the Attorney General, as authorized by Section
8 7.5, extends the support services provided by this Article to
9 spouses and dependent children who are not applicants or
10 recipients under the Illinois Public Aid Code, the Child and
11 Spouse Support Unit established by Section 7.20 shall bring
12 action against the responsible relatives hereunder and any
13 support orders entered by the court in such cases shall
14 provide that payments thereunder be made directly to the
15 Attorney General.
16 Whenever it is determined in a proceeding to establish or
17 enforce a child support or maintenance obligation that the
18 person owing a duty of support is unemployed, the court may
19 order the person to seek employment and report periodically
20 to the court with a diary, listing or other memorandum of his
21 or her efforts in accordance with such order. Additionally,
22 the court may order the unemployed person to report to the
23 Department of Employment Security for job search services or
24 to make application with the local Jobs Training Partnership
25 Act provider for participation in job search, training or
26 work programs and where the duty of support is owed to a
27 child receiving support services under Sections 7.1 through
28 7.305, the court may order the unemployed person to report to
29 the Department of Human Services for participation in job
30 search, training or work programs established under Section
31 9-6 and Article IXA of the Illinois Public Aid Code.
32 Whenever it is determined that a person owes past-due
33 support for a child receiving assistance under the Illinois
34 Public Aid Code, the court shall order at the request of the
-31- LRB9206548DJgc
1 Attorney General:
2 (1) that the person pay the past-due support in
3 accordance with a plan approved by the court; or
4 (2) if the person owing past-due support is
5 unemployed, is subject to such a plan, and is not
6 incapacitated, that the person participate in such job
7 search, training, or work programs established under
8 Section 9-6 and Article IXA of the Illinois Public Aid
9 Code as the court deems appropriate.
10 A determination under this Section shall not be
11 administratively reviewable by the procedures specified in
12 Sections 7.90 and 7.95 through 7.145. Any determination under
13 those Sections, if made the basis of court action under this
14 Section, shall not affect the de novo judicial determination
15 required under this Section.
16 All orders for support, when entered or modified, shall
17 include a provision requiring the non-custodial parent to
18 notify the court and, in cases in which a party is receiving
19 child and spouse support services under Sections 7.1 through
20 7.305, the Attorney General, within 7 days, (i) of the name,
21 address, and telephone number of any new employer of the
22 non-custodial parent, (ii) whether the non-custodial parent
23 has access to health insurance coverage through the employer
24 or other group coverage and, if so, the policy name and
25 number and the names of persons covered under the policy, and
26 (iii) of any new residential or mailing address or telephone
27 number of the non-custodial parent. In any subsequent action
28 to enforce a support order, upon a sufficient showing that a
29 diligent effort has been made to ascertain the location of
30 the non-custodial parent, service of process or provision of
31 notice necessary in the case may be made at the last known
32 address of the non-custodial parent in any manner expressly
33 provided by the Code of Civil Procedure or Sections 7.1
34 through 7.305, which service shall be sufficient for purposes
-32- LRB9206548DJgc
1 of due process.
2 An order for support shall include a date on which the
3 current support obligation terminates. The termination date
4 shall be no earlier than the date on which the child covered
5 by the order will attain the age of majority or is otherwise
6 emancipated. The order for support shall state that the
7 termination date does not apply to any arrearage that may
8 remain unpaid on that date. Nothing in this paragraph shall
9 be construed to prevent the court from modifying the order.
10 Upon notification in writing or by electronic
11 transmission from the Attorney General to the clerk of the
12 court that a person who is receiving support payments under
13 this Section is receiving services under the Child Support
14 Enforcement Program established by Title IV-D of the Social
15 Security Act, any support payments subsequently received by
16 the clerk of the court shall be transmitted in accordance
17 with the instructions of the Attorney General until the
18 Attorney General gives notice to the clerk of the court to
19 cease the transmittal. After providing the notification
20 authorized under this paragraph, the Attorney General shall
21 be entitled as a party to notice of any further proceedings
22 in the case. The clerk of the court shall file a copy of the
23 Attorney General's notification in the court file. The
24 clerk's failure to file a copy of the notification in the
25 court file shall not, however, affect the Attorney General's
26 right to receive notice of further proceedings.
27 Payments under this Section to the Illinois Department of
28 Public Aid or the Attorney General pursuant to the Child
29 Support Enforcement Program established by Title IV-D of the
30 Social Security Act shall be paid into the Child Support
31 Enforcement Trust Fund. All payments under this Section to
32 the Department of Human Services shall be deposited in the
33 DHS Recoveries Trust Fund. Disbursements from these funds
34 shall be as provided in Sections 12-9.1 and 12-10.2 of the
-33- LRB9206548DJgc
1 Illinois Public Aid Code. Payments received by a local
2 governmental unit shall be deposited in that unit's General
3 Assistance Fund.
4 To the extent the provisions of this Section are
5 inconsistent with the requirements pertaining to the State
6 Disbursement Unit under Sections 7.76 and 7.295, the
7 provisions pertaining to the State Disbursement Unit shall
8 apply.
9 (15 ILCS 205/7.65 new)
10 Sec. 7.65. Collection fee. In all cases instituted by
11 the Attorney General on behalf of a child or spouse, other
12 than one receiving a grant of financial aid under Article IV
13 of the Illinois Public Aid Code, on whose behalf an
14 application has been made and approved for support services
15 as provided by Section 7.5, the court shall impose a
16 collection fee on the individual who owes a child or spouse
17 support obligation in an amount equal to 10% of the amount so
18 owed as long as such collection is required by federal law,
19 which fee shall be in addition to the support obligation.
20 The imposition of such fee shall be in accordance with
21 provisions of Title IV, Part D, of the Social Security Act
22 and regulations duly promulgated thereunder. The fee shall
23 be payable to the clerk of the circuit court for transmittal
24 to the Attorney General and shall continue until support
25 services are terminated by the Attorney General.
26 (15 ILCS 205/7.70 new)
27 Sec. 7.70. Notice to circuit clerk of payment received.
28 For those cases in which support is payable to the clerk of
29 the circuit court for transmittal to the Attorney General or
30 the Illinois Department of Public Aid by order of court, and
31 the Attorney General collects support by assignment, offset,
32 withholding, deduction or other process permitted by law, the
-34- LRB9206548DJgc
1 Attorney General shall notify the clerk of the date and
2 amount of such collection. Upon notification, the clerk shall
3 record the collection on the payment record for the case.
4 (15 ILCS 205/7.75 new)
5 Sec. 7.75. Transmittal of payments by circuit clerk.
6 For those cases in which child support is payable to the
7 clerk of the circuit court for transmittal to the Attorney
8 General or the Illinois Department of Public Aid by order of
9 court, the clerk shall transmit all such payments, within 4
10 working days of receipt, to ensure that funds are available
11 for immediate distribution by the Attorney General or the
12 Department to the person or entity entitled thereto in
13 accordance with standards of the Child Support Enforcement
14 Program established under Title IV-D of the Social Security
15 Act. The clerk shall notify the Attorney General or the
16 Department of the date of receipt and amount thereof at the
17 time of transmittal. Where the clerk has entered into an
18 agreement of cooperation with the Illinois Department of
19 Public Aid or the Attorney General to record the terms of
20 child support orders and payments made thereunder directly
21 into the IV-D Agency's automated data processing system, the
22 clerk shall account for, transmit and otherwise distribute
23 child support payments in accordance with such agreement in
24 lieu of the requirements contained herein.
25 To the extent the provisions of this Section are
26 inconsistent with the requirements pertaining to the State
27 Disbursement Unit under Sections 7.76 and 7.295, the
28 provisions pertaining to the State Disbursement Unit shall
29 apply.
30 (15 ILCS 205/7.76 new)
31 Sec. 7.76. Payment of Support to State Disbursement
32 Unit.
-35- LRB9206548DJgc
1 (a) As used in this Section:
2 "Order for support", "obligor", "obligee", and "payor"
3 mean those terms as defined in the Income Withholding for
4 Support Act, except that "order for support" shall not mean
5 orders providing for spousal maintenance under which there is
6 no child support obligation.
7 (b) Notwithstanding any other provision of this Code to
8 the contrary, each court or administrative order for support
9 entered or modified on or after October 1, 1999 shall require
10 that support payments be made to the State Disbursement Unit
11 established under Section 7.76 if:
12 (1) a party to the order is receiving child and
13 spouse support services under this Article X; or
14 (2) no party to the order is receiving child and
15 spouse support services, but the support payments are
16 made through income withholding.
17 (c) Support payments shall be made to the State
18 Disbursement Unit if:
19 (1) the order for support was entered before
20 October 1, 1999, and a party to the order is receiving
21 child and spouse support services under Sections 7.1
22 through 7.305; or
23 (2) no party to the order is receiving child and
24 spouse support services, and the support payments are
25 being made through income withholding.
26 (c-5) If no party to the order is receiving child and
27 spouse support services under Sections 7.1 through 7.305, and
28 the support payments are not being made through income
29 withholding, then support payments shall be made as directed
30 in the order for support.
31 (c-10) The Attorney General shall provide written notice
32 to the clerk of the circuit court, the obligor, and, where
33 applicable, the obligor's payor to make payments to the State
34 Disbursement Unit if:
-36- LRB9206548DJgc
1 (1) the order for support was entered before
2 October 1, 1999, and a party to the order is receiving
3 child and spouse support services under Sections 7.1
4 through 7.305; or
5 (2) no party to the order is receiving child and
6 spouse support services, and the support payments are
7 being made through income withholding.
8 (c-15) The clerk of the circuit court shall provide
9 written notice to the obligor to make payments directly to
10 the clerk of the circuit court if no party to the order is
11 receiving child and spouse support services under Sections
12 7.1 through 7.305, the support payments are not made through
13 income withholding, and the order for support requires
14 support payments to be made directly to the clerk of the
15 circuit court.
16 (c-20) If the State Disbursement Unit receives a support
17 payment that was not appropriately made to the Unit under
18 this Section, the Unit shall immediately return the payment
19 to the sender, including, if possible, instructions detailing
20 where to send the support payments.
21 (d) The notices required under subsections (c-10) and
22 (c-15) may be sent by ordinary mail, certified mail, return
23 receipt requested, facsimile transmission, or other
24 electronic process, or may be served upon the obligor or
25 payor using any method provided by law for service of a
26 summons. A copy of the notice shall be provided to the
27 obligee and, when the order for support was entered by the
28 court, to the clerk of the court.
29 (15 ILCS 205/7.78 new)
30 Sec. 7.78. Information to State Case Registry.
31 (a) When an order for support is entered or modified by
32 the circuit court under Section 7.60, the clerk of the
33 circuit court shall, within 5 business days, provide to the
-37- LRB9206548DJgc
1 State Case Registry established under Section 7.305 the court
2 docket number and county in which the order is entered or
3 modified and the following information, which the parties
4 shall disclose to the court:
5 (1) The names of the custodial and non-custodial
6 parents and the child or children covered by the order.
7 (2) The dates of birth of the custodial and
8 non-custodial parents and of the child or children
9 covered by the order.
10 (3) The social security numbers of the custodial
11 and non-custodial parents and of the child or children
12 covered by the order.
13 (4) The residential and mailing addresses for the
14 custodial and non-custodial parents.
15 (5) The telephone numbers for the custodial and
16 non-custodial parents.
17 (6) The driver's license numbers for the custodial
18 and non-custodial parents.
19 (7) The name, address, and telephone number of each
20 parent's employer or employers.
21 (b) When a child support order is entered or modified
22 for a case in which a party is receiving child and spouse
23 support services under Sections 7.1 through 7.305, the clerk
24 shall provide the State Case Registry with the following
25 information:
26 (1) The information specified in subsection (a) of
27 this Section.
28 (2) The amount of monthly or other periodic support
29 owed under the order and other amounts, including
30 arrearages, interest, or late payment penalties and fees,
31 due or overdue under the order.
32 (3) Any amounts described in subdivision (2) of
33 this subsection (b) that have been received by the clerk.
34 (4) The distribution of the amounts received by the
-38- LRB9206548DJgc
1 clerk.
2 (c) A party shall report to the clerk of the circuit
3 court changes in information required to be disclosed under
4 this Section within 5 business days of the change.
5 (d) To the extent that updated information is in the
6 clerk's possession, the clerk shall provide updates of the
7 information specified in subsection (b) of this Section
8 within 5 business days after the Attorney General's request
9 for that updated information.
10 (15 ILCS 205/7.80 new)
11 Sec. 7.80. Administrative orders. In lieu of actions for
12 court enforcement of support under Section 7.60, the Child
13 and Spouse Support Unit of the Attorney General, in
14 accordance with the rules of the Attorney General, may issue
15 an administrative order requiring the responsible relative to
16 comply with the terms of the determination and notice of
17 support due, determined and issued under Sections 7.40 and
18 7.45. The Unit may also enter an administrative order under
19 subsection (b) of Section 7.45. The administrative order
20 shall be served upon the responsible relative by United
21 States registered or certified mail. In cases in which the
22 responsible relative appeared at the office of the Child and
23 Spouse Support Unit in response to the notice of support
24 obligation issued under Section 7.30, however, or in cases of
25 default in which the notice was served on the responsible
26 relative by certified mail, return receipt requested, or by
27 any method provided by law for service of summons, the
28 administrative determination of paternity or administrative
29 support order may be sent to the responsible relative by
30 ordinary mail addressed to the responsible relative's last
31 known address.
32 If a responsible relative or a person receiving child and
33 spouse support services under Sections 7.1 through 7.305
-39- LRB9206548DJgc
1 fails to petition the Attorney General for release from or
2 modification of the administrative order, as provided in
3 Section 7.90 or Section 7.95, the order shall become final
4 and there shall be no further administrative or judicial
5 remedy. Likewise a decision by the Attorney General as a
6 result of an administrative hearing, as provided in Sections
7 7.97 through 7.145, shall become final and enforceable if not
8 judicially reviewed under the Administrative Review Law, as
9 provided in Section 7.150.
10 Any new or existing support order entered by the Attorney
11 General under this Section shall be deemed to be a series of
12 judgments against the person obligated to pay support
13 thereunder, each such judgment to be in the amount of each
14 payment or installment of support and each such judgment to
15 be deemed entered as of the date the corresponding payment or
16 installment becomes due under the terms of the support order.
17 Each such judgment shall have the full force, effect and
18 attributes of any other judgment of this State, including the
19 ability to be enforced. Any such judgment is subject to
20 modification or termination only in accordance with Section
21 510 of the Illinois Marriage and Dissolution of Marriage Act.
22 A lien arises by operation of law against the real and
23 personal property of the noncustodial parent for each
24 installment of overdue support owed by the noncustodial
25 parent.
26 (15 ILCS 205/7.85 new)
27 Sec. 7.85. Unemployed responsible relatives.
28 (a) Whenever it is determined in a proceeding under
29 Section 7.40, 7.45, 7.80, or 7.180 that the responsible
30 relative is unemployed, and support is sought on behalf of
31 applicants for or recipients of financial aid under Article
32 IV of the Illinois Public Aid Code or other persons who are
33 given access to the child and spouse support services of that
-40- LRB9206548DJgc
1 Article as provided in Section 7.5 of this Act, the
2 administrative enforcement unit may order the responsible
3 relative to report to the Department of Human Services for
4 participation in job search, training or work programs
5 established under Section 9-6 and Article IXA of the Illinois
6 Public Aid Code or to the Illinois Department of Employment
7 Security for job search services or to make application with
8 the local Jobs Training Partnership Act provider for
9 participation in job search, training or work programs.
10 (b) Whenever it is determined that a responsible
11 relative owes past-due support for a child under an
12 administrative support order entered under subsection (b) of
13 Section 7.45 or under Section 7.80 or 7.180 and the child is
14 receiving assistance under the Illinois Public Aid Code, the
15 administrative enforcement unit shall order the following:
16 (1) that the responsible relative pay the past-due
17 support in accordance with a plan approved by the
18 administrative enforcement unit; or
19 (2) if the responsible relative owing past-due
20 support is unemployed, is subject to such a plan, and is
21 not incapacitated, that the responsible relative
22 participate in job search, training, or work programs
23 established under Section 9-6 and Article IXA of the
24 Illinois Public Aid Code.
25 (15 ILCS 205/7.87 new)
26 Sec. 7.87. Administrative support order information for
27 State Case Registry. When the Attorney General enters an
28 administrative support order under Section 7.52 or Section
29 7.80, or modifies such an order, the custodial parent and the
30 non-custodial parent shall provide to the Attorney General,
31 and update as appropriate, the following information to be
32 included in the State Case Registry established under Section
33 7.305:
-41- LRB9206548DJgc
1 (1) The names of the custodial and non-custodial
2 parents and of the child or children covered by the
3 order.
4 (2) The dates of birth of the custodial and
5 non-custodial parents and of the child or children
6 covered by the order.
7 (3) The social security numbers of the custodial
8 and non-custodial parents and of the child or children
9 covered by the order.
10 (4) The residential and mailing addresses for the
11 custodial and non-custodial parents.
12 (5) The telephone numbers for the custodial and
13 non-custodial parents.
14 (6) The driver's license numbers for the custodial
15 and non-custodial parents.
16 (7) The name, address, and telephone number of each
17 parent's employer or employers.
18 (8) Any other information that may be required
19 under Title IV, Part D of the Social Security Act or
20 regulations promulgated thereunder.
21 (15 ILCS 205/7.90 new)
22 Sec. 7.90. Petition by responsible relative for release
23 from or modification of administrative support order or
24 administrative determination of paternity.
25 (a) Any responsible relative aggrieved by an
26 administrative order entered under Section 7.80 or 7.85 or an
27 administrative determination of paternity entered under
28 Section 7.210 who has been duly notified of such order or
29 determination, may within 30 days from the date of mailing of
30 such order or determination, petition the Attorney General
31 for a release from or modification of the order or
32 determination. The day immediately subsequent to the mailing
33 of the order or determination shall be considered as the
-42- LRB9206548DJgc
1 first day, and the day such petition is received by the
2 Attorney General shall be considered as the last day in
3 computing the 30 day appeal period.
4 The Attorney General shall, upon receipt of a petition
5 within the 30 day appeal period, provide for a hearing to be
6 held thereon.
7 (b) Notwithstanding the 30-day appeal period set forth
8 in subsection (a), a man against whom a default
9 administrative determination of paternity has been entered
10 may have the determination vacated if, within 30 days after
11 being served with the determination, he appears in person at
12 the office to which he was given notice to appear for an
13 interview and files a written request for relief from the
14 determination. The Attorney General shall then proceed with
15 the establishment of paternity. A man may obtain relief
16 under this subsection from an administrative determination
17 of paternity only once in any proceeding to establish
18 paternity.
19 (15 ILCS 205/7.95 new)
20 Sec. 7.95. Petition by person receiving child and spouse
21 support services for release from or modification of
22 administrative support order or administrative determination
23 of paternity. Any person receiving child and spouse support
24 services under Sections 7.1 through 7.305 who is aggrieved by
25 an administrative order entered under Section 7.80 or 7.85 or
26 an administrative determination of paternity entered under
27 Section 7.210 who has been duly notified of the order or
28 determination may, within 30 days after the date of mailing
29 of the order or determination, petition the Attorney General
30 for release from or modification of the order or
31 determination. The day immediately subsequent to the mailing
32 of the order or determination shall be considered as the
33 first day and the day the petition is received by the
-43- LRB9206548DJgc
1 Attorney General shall be considered as the last day in
2 computing the 30-day appeal period. Upon receiving a petition
3 within the 30-day appeal period, the Attorney General shall
4 provide for a hearing to be held on the petition.
5 (15 ILCS 205/7.97 new)
6 Sec. 7.97. Hearing on petition. The Attorney General, or
7 any officer or employee thereof designated in writing by the
8 Attorney General, shall conduct hearings and investigations
9 in connection with petitions filed pursuant to Section 7.90
10 or Section 7.95. Responsible relatives and persons receiving
11 child and spouse support services under Sections 7.1 through
12 7.305 shall be entitled to appear in person, to be
13 represented by counsel at the hearing and to present all
14 relevant matter in support of their petitions. The provisions
15 of Sections 7.100 through 7.145 shall govern the hearing.
16 The hearing shall be de novo and the Attorney General's
17 determination of liability or non-liability shall be
18 independent of the determination of the administrative
19 enforcement unit.
20 (15 ILCS 205/7.100 new)
21 Sec. 7.100. Examination of records. The Attorney
22 General, or any properly designated officer or employee
23 thereof, may examine any books, papers, records or memoranda
24 bearing upon the determination of ability to support and the
25 order for support and upon any matter pertinent to the
26 relative's petition and may compel the attendance and
27 testimony of any person or persons, including the petitioning
28 responsible relative, having knowledge of matters germane to
29 the determination order, or the petition.
30 (15 ILCS 205/7.105 new)
31 Sec. 7.105. Hearings not subject to technical rules of
-44- LRB9206548DJgc
1 evidence or procedure. In the conduct of any hearing or
2 investigation, neither the Attorney General nor a person duly
3 authorized to conduct such hearing or investigation, shall be
4 bound by the technical rules of evidence, common law or
5 statutory, or by technical or formal rules of procedure, but
6 shall conduct the hearing or make the investigation in such
7 manner as seems best calculated to conform to substantial
8 justice and the spirit of the Illinois Public Aid Code and
9 Sections 7.1 through 7.305 of this Act. No informality in any
10 proceedings, or in the manner of taking testimony, shall
11 invalidate any order or decision made by the Attorney General
12 pursuant to such hearing or investigation.
13 (15 ILCS 205/7.110 new)
14 Sec. 7.110. Authority to administer oaths. The Attorney
15 General, or any person duly authorized to conduct such
16 hearing or investigation, shall have power to administer
17 oaths. Every person who, having taken an oath or made
18 affirmation before the Attorney General, or any duly
19 authorized officer or employee thereof, shall wilfully swear
20 or affirm falsely, shall be guilty of perjury, and upon
21 conviction shall be punished accordingly.
22 (15 ILCS 205/7.115 new)
23 Sec. 7.115. Proof of records. The books, papers, records
24 and memoranda of the Illinois Department of Public Aid, the
25 Illinois Department of Human Services, and the Attorney
26 General or of the administrative enforcement unit, or parts
27 thereof, may be proved in any hearing, investigation, or
28 legal proceeding by a photostatic or other copy thereof under
29 the certificate of their respective Directors, and the
30 Attorney General or their designees. Such certified copy
31 shall, without further proof, be admitted into evidence in
32 the hearing before the Attorney General or in any other legal
-45- LRB9206548DJgc
1 proceeding.
2 (15 ILCS 205/7.120 new)
3 Sec. 7.120. Proof of necessitous circumstances. Proof in
4 any hearing before the Attorney General that a person is an
5 applicant for or recipient of assistance under the Illinois
6 Public Aid Code shall be prima facie proof that he is a
7 "person who is in necessitous circumstances by reason of
8 infirmity, unemployment, or other cause depriving him of the
9 means of a livelihood compatible with health and well-being",
10 within the meaning of the Illinois Public Aid Code.
11 (15 ILCS 205/7.125 new)
12 Sec. 7.125. Subpoenas.
13 (a) The Attorney General, or any officer or employee
14 thereof designated in writing by the Attorney General, shall
15 at his own instance, or on the written request of any other
16 party to the proceeding, issue subpoenas requiring the
17 attendance of and the giving of testimony by witnesses, and
18 subpoenas duces tecum requiring the production of books,
19 papers, records or memoranda. The subpoenas and subpoenas
20 duces tecum may be served by any person of full age. Any
21 subpoena may be served in the same manner as a subpoena
22 issued out of a circuit court, and may also be served by
23 United States registered or certified mail, addressed to the
24 person concerned at his last known address, and proof of such
25 mailing shall be sufficient for the purposes of Sections 7.1
26 through 7.305.
27 (b) Subpoenas duces tecum issued in other states shall
28 be afforded full faith and credit in this State. Every such
29 subpoena shall have the full force, effect, and attributes
30 of a subpoena issued in this State, including the ability to
31 be enforced.
-46- LRB9206548DJgc
1 (15 ILCS 205/7.130 new)
2 Sec. 7.130. Witness fees. The fees of witnesses for
3 attendance and travel shall be the same as the fees of
4 witnesses before the circuit court of this State; such fees
5 to be paid when the witness is excused from further
6 attendance. When the witness is subpoenaed at the instance of
7 the Attorney General or any employee thereof, the fees shall
8 be paid in the same manner as other expenses of the Attorney
9 General. If the witness is subpoenaed at the instance of any
10 other party to the proceeding, the Attorney General may
11 require that the cost of service of the subpoena or subpoena
12 duces tecum and the fee of the witness be borne by the party
13 at whose instance the witness is summoned. In such case, the
14 Attorney General may require a deposit to cover the cost of
15 such service and witness fees.
16 (15 ILCS 205/7.135 new)
17 Sec. 7.135. Compelling attendance of witness and
18 production of records. The circuit court, of the county
19 wherein the investigation or administrative hearing is held,
20 upon the application of the Attorney General or any duly
21 authorized officer or employee thereof, or upon the
22 application of any other party to the proceeding, may, in its
23 discretion, compel the attendance of witnesses, the
24 production of books, papers, records or memorandum and the
25 giving of testimony before the Attorney General or any duly
26 authorized officer or employee thereof conducting an
27 investigation or holding a hearing authorized by Sections 7.1
28 through 7.305, by an attachment for contempt, or otherwise,
29 in the same manner as production of evidence may be compelled
30 before the court.
31 (15 ILCS 205/7.140 new)
32 Sec. 7.140. Penalty for non-compliance with subpoena.
-47- LRB9206548DJgc
1 Any person who is served with a subpoena or subpoena duces
2 tecum, issued by the Attorney General or any duly authorized
3 officer or employee thereof, to appear and testify or to
4 produce books and papers, in the course of an investigation
5 or hearing authorized by law, and who refuses or neglects to
6 appear, or to testify, or to produce books and papers
7 relevant to such investigation or hearing, as commanded in
8 such subpoena, shall be guilty of a Class B misdemeanor.
9 (15 ILCS 205/7.145 new)
10 Sec. 7.145. Depositions. The Attorney General or any
11 duly authorized officer or employee thereof, or any other
12 party in an investigation or hearing before the Attorney
13 General, may cause the depositions of witnesses within or
14 without the State to be taken in the manner prescribed by law
15 for like depositions in civil actions in courts of this
16 State, and to that end compel the attendance of witnesses and
17 the production of books, papers, records or memoranda.
18 (15 ILCS 205/7.150 new)
19 Sec. 7.150. Review of Attorney General decision on
20 petition for hearing. Any responsible relative or person
21 receiving child and spouse support services under Sections
22 7.1 through 7.305 affected by a final administrative decision
23 of the Attorney General in a hearing, conducted pursuant to
24 Sections 7.97 through 7.145 in which such relative or person
25 receiving services was a party, may have the decision
26 reviewed only under and in accordance with the Administrative
27 Review Law. The provisions of the Administrative Review Law,
28 and the rules adopted pursuant thereto, shall apply to and
29 govern all proceedings for the judicial review of such final
30 administrative decisions of the Attorney General. The term
31 "administrative decision" is defined as in Section 3-101 of
32 the Code of Civil Procedure.
-48- LRB9206548DJgc
1 Appeals from all final orders and judgments entered by a
2 court upon review of the Attorney General's order in any case
3 may be taken by either party to the proceeding and shall be
4 governed by the rules applicable to appeals in civil cases.
5 The remedy herein provided for appeal shall be exclusive,
6 and no court shall have jurisdiction to review the subject
7 matter of any order made by the Attorney General except as
8 herein provided.
9 (15 ILCS 205/7.152 new)
10 Sec. 7.152. Relief from administrative orders.
11 Notwithstanding the 30-day appeal period provided in Sections
12 7.90 and 7.95 and the limitation on review of final
13 administrative decisions contained in Section 7.150, a
14 responsible relative or a person receiving child and spouse
15 support services under Sections 7.1 through 7.305 who is
16 aggrieved by an administrative order entered under Section
17 7.80 or 7.85 or an administrative determination of paternity
18 entered under Section 7.210 and who did not petition within
19 the 30-day appeal period may petition the Attorney General
20 for relief from the administrative order or determination on
21 the same grounds as are provided for relief from judgments
22 under Section 2-1401 of the Code of Civil Procedure. The
23 petition must be filed not later than 2 years after the entry
24 of the order or determination by the Attorney General. The
25 day immediately subsequent to the mailing of the order or
26 determination shall be considered as the first day and the
27 day the petition is received by the Attorney General shall be
28 considered as the last day in computing the 2-year period.
29 Any period during which the person seeking relief is under a
30 legal disability or duress or during which the grounds for
31 relief are fraudulently concealed shall be excluded in
32 computing the period of 2 years.
33 Upon receiving a petition within the 2-year period, the
-49- LRB9206548DJgc
1 Attorney General shall provide for a hearing to be held on
2 the petition.
3 (15 ILCS 205/7.155 new)
4 Sec. 7.155. Enforcement of administrative order. If a
5 responsible relative refuses, neglects, or fails to comply
6 with a final administrative support or reimbursement order of
7 the Attorney General entered by the Child and Spouse Support
8 Unit pursuant to Section 7.80 or 7.85 or registered pursuant
9 to Section 7.180, the Child and Spouse Support Unit may file
10 suit against the responsible relative or relatives to secure
11 compliance with the administrative order.
12 Suits shall be instituted in the name of the People of
13 the State of Illinois on the relation of the Attorney General
14 of the State of Illinois and the spouse or dependent children
15 for whom the support order has been issued.
16 The court shall order the payment of the support
17 obligation, or orders for reimbursement of moneys for support
18 provided, directly to the Attorney General but the order
19 shall permit the Attorney General to direct the responsible
20 relative or relatives to make payments of support directly to
21 the spouse or dependent children, or to some person or agency
22 in his or their behalf, as provided in Section 7.50 or 7.60,
23 as applicable.
24 Whenever it is determined in a proceeding to enforce an
25 administrative order that the responsible relative is
26 unemployed, and support is sought on behalf of applicants for
27 or recipients of financial aid under Article IV of the
28 Illinois Public Aid Code or other persons who are given
29 access to the child and spouse support services of Sections
30 7.1 through 7.305 as provided in Section 7.5, the court may
31 order the responsible relative to seek employment and report
32 periodically to the court with a diary, listing or other
33 memorandum of his or her efforts in accordance with such
-50- LRB9206548DJgc
1 order. In addition, the court may order the unemployed
2 responsible relative to report to the Department of Human
3 Services for participation in job search, training or work
4 programs established under Section 9-6 and Article IXA of the
5 Illinois Public Aid Code or to the Illinois Department of
6 Employment Security for job search services or to make
7 application with the local Jobs Training Partnership Act
8 provider for participation in job search, training or work
9 programs.
10 To the extent the provisions of this Section are
11 inconsistent with the requirements pertaining to the State
12 Disbursement Unit under Sections 7.76 and 7.295, the
13 provisions pertaining to the State Disbursement Unit shall
14 apply.
15 (15 ILCS 205/7.160 new)
16 Sec. 7.160. Judicial enforcement of court and
17 administrative support orders. Court orders entered in
18 proceedings under Section 7.60 and court orders for
19 enforcement of an administrative order under Section 7.155
20 and for the payment of money may be enforced by attachment as
21 for contempt against the persons of the defendants, and in
22 addition, as other judgments for the payment of money, and
23 costs may be adjudged against the defendants and apportioned
24 among them; but if the complaint is dismissed, costs shall be
25 borne by the Attorney General or the local governmental unit,
26 as the case may be. If a responsible relative is directed by
27 the Attorney General, or the local governmental unit, under
28 the conditions stated in Section 7.50, to make support
29 payments directly to the person, or to some person or agency
30 in his behalf, the court order entered against him under this
31 Section or Section 7.60 may be enforced as herein provided if
32 he thereafter fails to furnish support in accordance with its
33 terms. The State of Illinois shall not be required to make a
-51- LRB9206548DJgc
1 deposit for or pay any costs or fees of any court or officer
2 thereof in any proceeding instituted under this Section.
3 The provisions of the Civil Practice Law, and all
4 amendments and modifications thereof, shall apply to and
5 govern all actions instituted under this Section and Section
6 7.60. In such actions proof that a person is an applicant for
7 or recipient of public aid under any Article of the Illinois
8 Public Aid Code shall be prima facie proof that he is a
9 person in necessitous circumstances by reason of infirmity,
10 unemployment or other cause depriving him of the means of a
11 livelihood compatible with health and well-being.
12 Payments under this Section to the Illinois Department of
13 Public Aid or the Attorney General pursuant to the Child
14 Support Enforcement Program established by Title IV-D of the
15 Social Security Act shall be paid into the Child Support
16 Enforcement Trust Fund. All payments under this Section to
17 the Illinois Department of Human Services shall be deposited
18 in the DHS Recoveries Trust Fund. Disbursements from these
19 funds shall be as provided in Sections 12-9.1 and 12-10.2 of
20 the Illinois Public Aid Code. Payments received by a local
21 governmental unit shall be deposited in that unit's General
22 Assistance Fund.
23 In addition to the penalties or punishment that may be
24 imposed under this Section, any person whose conduct
25 constitutes a violation of Section 15 of the Non-Support
26 Punishment Act may be prosecuted under that Section, and a
27 person convicted under that Section may be sentenced in
28 accordance with that Section. The sentence may include but
29 need not be limited to a requirement that the person perform
30 community service under subsection (b) of that Section or
31 participate in a work alternative program under subsection
32 (c) of that Section. A person may not be required to
33 participate in a work alternative program under subsection
34 (c) of that Section if the person is currently participating
-52- LRB9206548DJgc
1 in a work program pursuant to Section 7.85 of this Act.
2 To the extent the provisions of this Section are
3 inconsistent with the requirements pertaining to the State
4 Disbursement Unit under Sections 7.76 and 7.295, the
5 provisions pertaining to the State Disbursement Unit shall
6 apply.
7 (15 ILCS 205/7.165 new)
8 Sec. 7.165. Withholding of income to secure payment of
9 support. Orders for support entered under Sections 7.1
10 through 7.305 of this Act are subject to the Income
11 Withholding for Support Act.
12 (15 ILCS 205/7.170 new)
13 Sec. 7.170. Posting security, bond or guarantee to
14 secure payment. The court may require the responsible
15 relative to post security or bond or give some other
16 guarantee of a character and amount sufficient to assure
17 payment of any amount of support due.
18 (15 ILCS 205/7.172 new)
19 Sec. 7.172. Information concerning obligors.
20 (a) In this Section:
21 "Arrearage", "delinquency", "obligor", and "order for
22 support" have the meanings attributed to those terms in
23 Section 7.165 of this Act.
24 "Consumer reporting agency" has the meaning attributed to
25 that term in Section 603(f) of the Fair Credit Reporting Act,
26 15 U.S.C. 1681a(f).
27 (b) Whenever a court of competent jurisdiction finds
28 that an obligor either owes an arrearage of more than $10,000
29 or is delinquent in payment of an amount equal to at least 3
30 months' support obligation pursuant to an order for support,
31 the court shall direct the clerk of the court to make
-53- LRB9206548DJgc
1 information concerning the obligor available to consumer
2 reporting agencies.
3 (c) Whenever a court of competent jurisdiction finds
4 that an obligor either owes an arrearage of more than $10,000
5 or is delinquent in payment of an amount equal to at least 3
6 months' support obligation pursuant to an order for support,
7 the court shall direct the clerk of the court to cause the
8 obligor's name and address to be published in a newspaper of
9 general circulation in the area in which the obligor resides.
10 The clerk shall cause the obligor's name and address to be
11 published only after sending to the obligor at the obligor's
12 last known address, by certified mail, return receipt
13 requested, a notice of intent to publish the information.
14 This subsection (c) applies only if the obligor resides in
15 the county in which the clerk of the court holds office.
16 (15 ILCS 205/7.173 new)
17 Sec. 7.173. Interest on support obligations. A support
18 obligation, or any portion of a support obligation, which
19 becomes due and remains unpaid for 30 days or more shall
20 accrue interest at the rate of 9% per annum.
21 (15 ILCS 205/7.174 new)
22 Sec. 7.174. Electronic Funds Transfer Committee.
23 (a) The Attorney General shall establish within the
24 Office of the Attorney General a