Section 160.1  Incorporation by Reference

 

Any rules or regulations of an agency of the United States or of a nationally recognized organization or association that are incorporated by reference in this Part are incorporated as of the date specified, and do not include any later amendments or editions.

 

(Source:  Amended at 17 Ill. Reg. 18844, effective October 18, 1993)

 

Section 160.5  Definitions

 

"AAA Request", for the purpose of this Part, refers to a request for the Administrative Accountability Analysis (AAA) process that shall include, but not be limited to, requests made in person, by mail, by e-mail, or any other appropriate method provided for by law and technology that may exist for similar proceedings in Illinois.

 

"AAA Conference", for the purpose of this Part, refers to methods of conducting a AAA Conference that shall include, but not be limited to, telephone, in person/face-to-face, videoconference (e.g., WebEx), or any other appropriate method provided for by law and technology that may exist for similar proceedings in Illinois.

 

"Application for IV-D Services" refers to an application for child support enforcement services that is a signed, written request completed in accordance with the Department's requirements for a IV-D case as defined in Section 160.10(a)(9).  An electronic signature is created when a web application is submitted and received via the internet.  For the purpose of an application for IV-D Services, application is meant to incorporate and be used interchangeably with similar terms including enrollment, enrolling, and enroll, used in any communication with existing or potential IV-D participants or in any publications or listings offering IV-D Services to the public. These similar terms are all meant to refer to the application for IV-D Services provided for under Federal and State law.

 

"Assignment of Medical Support" refers to the transfer of support rights to the Department by the acceptance of Medicaid benefits under 42 USC 1396k and Section 10-1 of the Illinois Public Aid Code [305 ILCS 5].

 

"Assignment of Support" refers to the transfer of support rights to the Department by the acceptance of TANF benefits, pursuant to 42 USC 608(a)(3) and Section 10-1 of the Illinois Public Aid Code [305 ILCS 5] or the Department of Children and Family Services (DCFS), in the case of IV-E foster care, pursuant to 42 USC 671(a)(17) and Section 9.1 of the Children and Family Services Act [20 ILCS 505].

 

"Assistance Standard" shall have the meaning ascribed to it in 89 Ill. Adm. Code 111.

 

"Cancellation" refers to the discontinuance of TANF financial and medical benefits for an assistance unit because of the failure to satisfy the conditions of eligibility under the Title IV-A State Plan.

 

"Central Authority" means the agency designated by a government to facilitate support enforcement with a foreign reciprocating country pursuant to section 459A of the Social Security Act (42 USC 659a).

 

"Child" refers to any child under the age of 18 years and any child under the age of 19 years who is still attending high school (see Section 505 of the Illinois Marriage and Dissolution of Marriage Act [750 ILCS 5]).

 

"Child Support Enforcement Services" refers to those services provided to establish, enforce and collect support, in accordance with an approved State Plan under Title IV-D of the Social Security Act (42 USC 654).

 

"Country" means a foreign country (or a political subdivision of a foreign country) declared to be a foreign reciprocating country pursuant to section 459A of the Social Security Act (42 USC 659a) and any foreign country (or political subdivision) with which the State of Illinois has entered into a reciprocal arrangement for the establishment and enforcement of support obligations to the extent consistent with federal law (section 459A(d) of the Social Security Act).

 

"Custodial Parent" refers to a person who is receiving, or is entitled to receive, under the law, support for a minor dependent (child) and is meant to incorporate and be used interchangeably with all similar terms, used in any statute or rule, referring to a person who is receiving, or is entitled to receive, under the law, support for a minor dependent (child), including the terms "CP", "payee", "obligee", or "parent".

 

"Date of Collection" for distribution purposes in all cases refers to the date on which a collection is received by the Department as a result of withholding of an amount by the Department of Employment Security from a responsible relative's unemployment insurance benefits (UIB) to meet a support obligation; a collection as a result of intercept of a federal income tax refund is received by the Department: or in all other instances, a support payment is received by the State Disbursement Unit (SDU) except that, if current support is withheld by an employer in the month when due and received by the SDU in the month following the month when due, the date of withholding may be deemed to be the date of collection.

 

"Department" means the Illinois Department of Healthcare and Family Services.

 

"Interview", for the purpose of this Part, refers to and shall include, but not be limited to, any communication to gather necessary information from a participant either through correspondence via mail, e-mail, text, or via a conversation with a participant either face-to-face, by telephone, by videoconference, or any other appropriate method provided for by law and technology that may exist for similar proceedings in Illinois.

 

"IV-D Account Receivable" or "Support Account" refers to a part of the accounting system in KIDS used to record charges, payments, and account adjustments for a particular account.  More than one account may exist for a given caretaker relative and for a given responsible relative.  For example, a mother with two children by one father from one marriage, and three children by a second father from another marriage, will have two support accounts if there are two separate support obligations.  If children are born in a non-marital relationship, there will be one account per child.

 

"IV-D Program" or "IV-D" refers to the child support program set forth in 42 USC 651 et seq. and this Part.

 

"IV-E Foster Care" or "IV-E" refers to the foster care program set forth in 42 USC 670 et seq.

 

"Initial Receipt in the State" for disbursement purposes in all cases refers to the date on which the Department of Employment Security withholds an amount from a responsible relative's unemployment insurance benefits (UIB) to meet a support obligation, when there is a withholding of UIB, a collection as a result of intercept of a federal income tax refund is received by the Department, or in all other instances, a support payment is received by the State Disbursement Unit.

 

"Intergovernmental IV-D Case" refers to a IV-D case in which the responsible relative lives and/or works in a different jurisdiction than the custodial parent and children that has been referred by an initiating agency to a responding agency for services.  An intergovernmental case may include any combination of referrals between states, tribes and countries.  An intergovernmental IV-D case also may include cases in which a state agency is seeking only to collect support arrearages, whether owed to the family or assigned to the state.

 

"Interstate IV-D Case" refers to a IV-D case in which the responsible relative lives and/or works in a different state than the custodial parent and children that has been referred by an initiating state to a responding state for services.  An interstate IV-D case also may include cases in which a state is seeking only to collect support arrearages, whether owed to the family or assigned to the state.

 

"Key Information Delivery System" or "KIDS" refers to the data processing system used to process all IV-D cases in Illinois.

 

"MANG" refers to Medical Assistance No Grant under the Medicaid Program, Title XIX of the Social Security Act (42 USC 1396k), that is medical assistance to families and individuals wherein no cash payment is made.

 

"Responsible Relative" refers to a person who is responsible, or alleged to be responsible, under the law, for support of a minor dependent (child) and is meant to incorporate and be used interchangeably with all similar terms, used in any statute, referring to a person who is responsible, or alleged to be responsible, under the law, for support of a minor dependent (child), including the terms "non-custodial parent", "NCP", "obligor", "payor" or "parent".

 

"Signed", for the purpose of this Part, refers to and shall include, but not be limited to, a wet signature, an electronic signature, a digital signature, or any method provided for by law and technology that may exist for similar proceedings in Illinois.

 

"Support Case" refers to a case established in the KIDS for the purpose of providing establishment, enforcement and collection services to dependent children and their custodial parent, in accordance with the provisions of Title IV‑D of the Social Security Act (42 USC 654)

 

"Support Obligation" refers to the duty a non-custodial relative owes to his or her dependents, as set forth in a legally valid court or administrative order.

 

"TANF" refers to Temporary Assistance for Needy Families, Title IV-A of the Social Security Act (42 USC 601 et seq.) that is financial and medical assistance available to families with one or more children or on behalf of children in foster care under the guardianship of the Department of Children and Family Services.

 

"TANF MANG" refers to Medical Assistance No Grant cases in which medical assistance only is available to families with one or more children.

 

"TANF MANG Recipient" refers to a member of a family with one or more children receiving medical assistance only in the current month.

 

"TANF Recipient" refers to a person who is receiving financial and medical assistance under the TANF program in the current month.

 

"Two Business Days", for purposes of disbursement of support payments under Subpart F, shall have the meaning and be qualified in the same manner as in Section 454B of the Social Security Act (42 USC 654b).

 

"Unreimbursed Former AFDC or TANF" refers to the total amount of financial assistance provided to a family unit, in accordance with Title IV-A of the Social Security Act (42 USC 601 et seq.) for which the State and federal governments have not been reimbursed.  The State and federal governments are limited in the amount of support payments they may retain for "unreimbursed former AFDC or TANF", in accordance with the provisions set forth in Sections 160.100, 160.110 and 160.130.  The "amount of unreimbursed assistance accrued prior to the former AFDC or TANF cancellation", reported in the Department's "Statements of Child Support Account Activity for Former Recipients" (see Section 160.140), is the limited amount the Department is entitled to retain.

 

(Source:  Amended at 46 Ill. Reg. 5268, effective March 11, 2022)

 

Section 160.10  Child Support Enforcement Program

 

a)         Under Title IV-D of the Social Security Act (42 USC 651 et seq.) the Department undertakes to establish, modify, enforce and collect child and spouse support obligations from responsible relatives as defined in 89 Ill. Adm. Code 103.10.  "IV-D cases" consist of:

 

1)         children receiving Temporary Assistance for Needy Families (TANF);

 

2)         children receiving AFDC MANG;

 

3)         children receiving foster care maintenance payments under Title IV-E of the Social Security Act (42 USC 670 et seq.);

 

4)         children of applicants for TANF, where the caretaker or specified relative is the putative father or relative of the putative father;

 

5)         children of applicants for TANF, where the mother and putative father of the children born out of wedlock are living together;

 

6)         children of applicants for TANF, where the caretaker relative is reapplying for cash or medical assistance and was in sanctioned status for noncooperation at the time the case was previously canceled;

 

7)         a spouse or former spouse when the former spouse/spouse lives with the child;

 

8)         former AFDC and TANF recipients following AFDC and TANF cancellation pursuant to subsection (g) of this Section;

 

9)         persons not receiving TANF, AFDC MANG, or Foster Care Services under Title IV-E upon application to the Department for IV-D services; and

 

10)         persons receiving AFDC MANG that previously received AFDC or TANF cash assistance.

 

b)         "IV-D cases" also include intergovernmental IV-D cases and interstate IV-D cases as those terms are defined in Section 160.5.

 

c)         Title IV-D is implemented by the Department through its Division of Child Support Enforcement.

 

d)         The Division of Child Support Enforcement has sole responsibility for:

 

1)         identifying and locating the absent parent;

 

2)         establishing the parentage of a child born out of wedlock;

 

3)         establishing support obligations;

 

4)         enforcing and collecting support;

 

5)         receiving and distributing support payments;

 

6)         maintaining accurate records of location and support activities; and

 

7)         advising the local office of circumstances which may affect the family's eligibility for TANF or AFDC MANG (for example, the father is living in the home, or a child no longer lives in the home, etc.).

 

e)         For Title IV-D children, the Department determines financial ability and establishes the support obligation of the absent parent through order of the court or through administrative process in accordance with Section 160.60.

 

f)         The Department shall explain to each TANF applicant or recipient his or her responsibility to cooperate with the Department in obtaining support from absent parents and enforcing support obligations and the consequence of non‑cooperation.

 

g)         Whenever a family ceases to receive TANF cash assistance, IV-E foster care or medical assistance, the Department shall notify the family that Title IV-D services will be continued unless the family advises the Department that it does not wish to receive Title IV-D services.  Additionally, the notice shall advise that no application or application fee is required.  Finally, the notice shall also include a description of the Title IV-D services available from the Department and information on the Department's cost recovery (for example, filing fees) and distribution policies (see 45 CFR 302.33(a) and (d) and 303.7(d)(4) and (5) (2003)).

 

h)         Whenever a family ceases to receive AFDC MANG assistance:

 

1)         if the family previously received TANF cash assistance, IV-D services shall be continued without the filing of a new application as explained in subsection (f) of this Section; or

 

2)         if the family did not previously receive TANF cash assistance, IV-D services shall be continued without the filing of a new application as explained in subsection (f) of this Section.

 

i)          Whenever in the course of an administrative proceeding, as provided for under the Public Aid Code [305 ILCS 5/10] and in accordance with this Part, it appears that the non-custodial parent is in the military service and the Servicemembers Civil Relief Act (SCRA) (50 App. USC 501-596) requires the appointment of counsel, the Department shall have the authority to appoint counsel for the service member non-custodial parent.  The appointed attorney will perform the duties required under the SCRA that include locating members, advising them of proceedings and requesting stays if the members' military duties materially affect their ability to participate in cases.

 

j)          The Department may provide notice at any time to the parties to a judicial action that child support enforcement services are being provided by HFS under Article X of the Public Aid Code.  The notice shall be sent by regular mail to the party's last known address on file with the Clerk of the Court or the State Case Registry.  After notice has been provided, HFS shall be entitled to notice of any further proceedings brought in the case.  HFS will provide the clerk of the court with copies of the notices sent to the parties to file with the court file.

 

(Source:  Amended at 36 Ill. Reg. 1531, effective January 23, 2012)

 

Section 160.12  Administrative Accountability Process

 

a)         A recipient of or an applicant for child support enforcement services may request an explanation of any decision, not appealable and/or not subject to other review, denying or terminating services or concerning the Department's or its contractor's alleged failure to provide services or the provision of services in an amount or manner that is considered inadequate.

 

b)         A request for explanation through the Administrative Accountability Analysis process may be made by the recipient or applicant in person, by mail, e-mail, by telephone, or any other appropriate method provided for by law and technology for similar proceedings in Illinois.  If the recipient or applicant requests an explanation by telephone, the request for an explanation form will be sent to the recipient or applicant.

 

c)         The request for an explanation must be in writing, signed by the recipient or applicant or his or her authorized representative and:

 

1)         specify the decision, alleged failure to act or deficient action that is the basis for the request; and

 

2)         be submitted to the Department within 60 days after the action or alleged failure to act.

 

d)         A recipient or applicant who is represented by another person must identify that person as his or her representative in writing.

 

e)         If a request must be processed by another unit, such as the Account Review Unit, the inquiry shall be referred to the unit and the recipient or applicant shall be notified in writing of the referral.

 

f)         At the option of the applicant or recipient, the Department's explanation shall be provided orally in an interview, in writing, or both orally and in writing.

 

g)         The Department shall respond with its explanation to a timely written request for an explanation within 30 days from the date of the request.

 

h)         A recipient of or an applicant for child support enforcement services may request a conference if the Department fails to respond with an explanation to a request for an explanation or fails to respond in a manner satisfactory to the recipient or applicant within 30 days from the date of the request for an explanation.

 

i)          A request for a conference must be in writing, signed by the recipient or applicant or his or her authorized representative and:

 

1)         if applicable, state why the Department's explanation was not satisfactory;

 

2)         indicate whether the recipient or applicant wants the conference to be conducted in person, by telephone, by videoconference (e.g., WebEx), or any other appropriate method provided for by law and technology that may exist for similar proceedings in Illinois: and

 

3)         be submitted to the Department within 60 days after the explanation was provided by the Department, or within 60 days after the time for providing an explanation expired.

 

j)          If the recipient or applicant requests a conference by telephone, by videoconference (e.g., WebEx), or any other appropriate method provided for by law, the request for conference form will be sent to the recipient or applicant.

 

k)         If a timely request for a conference is received by the Department, the office of the administrator of the child support enforcement program shall provide a conference.

 

l)          A recipient or applicant who has requested a conference may:

 

1)         review the Department's record pertaining to the explanation before or at the conference;

 

2)         be represented in the conference by a person of his or her own choosing; and

 

3)         present relevant matters at the conference in support of his or her position.

 

m)        No part of the Department's cost for providing a conference shall be borne by the recipient or applicant.

 

n)         A conference shall be conducted by a representative of the Department's child support enforcement program who did not participate in the alleged action or inaction which is the subject of the conference.

 

o)         A conference shall be conducted and written results of the conference provided to all interested parties within 60 days from the date of submittal of the written request for a conference, unless there is delay in the conduct of the conference occasioned by the recipient or applicant or his or her representative.

 

(Source:  Amended at 46 Ill. Reg. 5268, effective March 11, 2022)

 

Section 160.15  Fees for IV-D Non-TANF Cases

 

a)         In Title IV-D non-TANF cases where an application for child support services is required, the Department shall charge an application fee of one cent for each applicant and pay the fee out of State funds.

 

b)         In accordance 42 USC 654 and the Illinois Public Aid Code, an annual $35 collection fee shall be imposed for all IV-D non-TANF cases where at least $550 has been collected by the IV-D agency.

 

(Source:  Amended at 44 Ill. Reg. 6277, effective April 13, 2020)

 

Section 160.20  Assignment of Rights to Support

 

a)         By accepting financial aid under the Public Aid Code, a spouse or a parent or other person having custody of a child shall be deemed to have made assignment to the Department of any and all rights, title, and interest in any support obligations up to the amount of assistance provided.  The rights to support assigned to the Department shall constitute an obligation owed to the State by the person who is responsible for providing the support, and shall be collectible under all applicable processes. (Section 10-1 of the Illinois Public Aid Code [305 ILCS 5/10-1])

 

b)         Notwithstanding the authority cited in subsection (a) of this Section, the following provisions shall apply:

 

1)         For an assignment entered into prior to October 1, 1998, the applicant assigns the Department all rights that have previously accrued and that shall accrue prior to the family leaving assistance.

 

2)         For an assignment first entered into on or after October 1, 1998 but before October 1, 2009:

 

A)        With respect to any support collections by federal income tax refund offsets, the applicant assigns the Department all rights that have previously accrued and that shall accrue prior to the family leaving assistance; and

 

B)        With respect to any support collections by other than federal income tax offset:

 

i)          The applicant assigns to the Department any support rights that accrue and will accrue while the family is receiving assistance; and

 

ii)         The applicant temporarily assigns to the Department all rights to support that accrued prior to the family receiving assistance, such assignment to be in effect only until the family ceases to receive assistance.

 

3)         For an assignment entered into on or after October 1, 2009:

 

A)        With respect to any support collections by federal income tax refund offsets, the applicant assigns the Department all rights that have accrued prior to October 1, 2009 and that may accrue while the family receives assistance; and

 

B)        With respect to any support collections by other than federal income tax offset, the applicant assigns to the Department any support rights that accrue while the family receives assistance.

 

c)         The amount of support assigned to the Department shall not exceed the cumulative amount of unreimbursed assistance provided to the family during all periods of assistance.

 

d)         For an explanation of assignment of medical support, see 89 Ill. Adm. Code 112.54, Assignment of Medical Support Rights and also 89 Ill. Adm. Code 120.319, Assignment of Rights to Medical Support and Collection of Payments.

 

(Source:  Amended at 34 Ill. Reg. 15406, effective September 27, 2010)

 

Section 160.25  Recoupment

 

a)         The Department shall seek written agreements from individuals applying for or receiving IV-D non-TANF support enforcement services authorizing recoupment, through retention of up to ten percent of future child support collections, in the event the individual receives funds through the Department's child support enforcement program to which he or she was not entitled.  Recoupment shall apply only to such funds received by the individual after the date of the agreement.

 

b)         In those cases in which the client has signed an agreement authorizing recoupment from child support collections, the Department shall provide the client with a notice at least 45 days prior to commencing recoupment which shall inform the client of the following:

 

1)         the IV-D non-TANF identification number of the case in which the client received funds to which the client was not entitled;

 

2)         the responsible relative's name;

 

3)         the amount to be recouped;

 

4)         the reason the client was not entitled to the funds;

 

5)         that up to ten percent of each child support payment collected in the IV-D non-TANF case will be retained by the Department until the full amount stated in the notice is recouped, commencing with the next payment of child support received from the responsible relative 45 days after the date of mailing of the notice;

 

6)         the opportunity, within 30 days after the date of mailing of the notice, to prevent recoupment by payment of the full amount stated in the advance notice; and

 

7)         the opportunity to contest the determination that the client received funds to which the client was not entitled or the amount of such funds by requesting a redetermination by the Department.

 

c)         The Department shall be stayed from commencing recoupment when a request for redetermination is received within 30 days after the date of mailing of the advance notice.  For purposes of computing whether a request for redetermination was made within the 30 day period, the day immediately after the mailing of the advance notice shall be considered as the first day and the day the request for redetermination was received by the Department shall be considered as the last day.

 

d)         The Department shall provide the client with notice of the results of the redetermination.

 

e)         The Department shall reimburse the client for any amount due that was previously recouped, based on the results of the redetermination.

 

f)         The Department shall inform individuals applying for or receiving IV-D non-TANF support enforcement services that they will be liable for repayment of any amount received if the Department determines they were not entitled to that amount.

 

(Source:  Amended at 21 Ill. Reg. 16050, effective November 26, 1997)

 

Section 160.30  Cooperation With Support Enforcement Program

 

a)         As a condition of eligibility, unless the Department determines there is good cause for refusing, a caretaker relative (see 89 Ill. Adm. Code 101.20 for definition of "caretaker relative") must cooperate with the Department in:

 

1)         identifying and locating the responsible relative of a child for whom aid is claimed;

 

2)         establishing the paternity of a child for whom aid is claimed;

 

3)         obtaining support from the responsible relative; and

 

4)         enforcing support obligations.

 

b)         If the caretaker relative and his or her spouse are in the home and are included in the assistance grant, both must comply with the cooperation requirements.  A caretaker relative who fails or refuses, without good cause (see Sections 160.35 through 160.45), to cooperate in the enforcement of support obligations shall be ineligible for medical assistance for himself or herself.  If a caretaker states, without good cause, a refusal to cooperate with child support enforcement requirements, the family is not eligible for cash benefits.  A caretaker who fails to cooperate, without valid reason, is subject to the following provisions:

 

1)         For the first instance of non-cooperation, the cash assistance payment will be reduced by 50 percent of the family's Payment Level until the cooperation requirement is met.  If the cooperation requirement is not met after three months of reduced payments, the entire cash payment will be stopped.

 

2)         For the second instance of non-cooperation, the cash assistance payment will be reduced by 50 percent of the family's Payment Level for three months.  If the cooperation requirement is not met after three months of reduced payments, the entire cash payment will be stopped.

 

3)         For the third (or more) instance of non-cooperation, the family's entire cash assistance payment will be stopped for at least three months.  Cash assistance will be reinstated for the fourth month if the cooperation requirement is met during the three-month sanction period.

 

4)         Sanction penalties accumulate during any single period of continuous assistance.  A loss of all cash assistance due to sanction shall not be considered a break in assistance.  If a family member's non-cooperation occurs during a sanction period which was the result of another member's non-cooperation, the next progressive sanction penalty shall apply.

 

5)         No sanction will be imposed until staff have a reconciliation meeting to determine whether the client had valid reason for failing to comply with requirements and the client has either failed to attend the meeting, failed to return required documents or failed to show valid reason.  If the client fails to show valid reason, the reconciliation process will continue to enable resolution of disputes.  Failure of the client to appear for a scheduled reconciliation meeting is not considered an instance of noncooperation.

 

6)         The Department shall establish a reconciliation procedure to assist in resolving disputes related to any aspect of cooperation.  Through the reconciliation process, the Department will have a mechanism to identify good cause and valid reason, ensure that the client is aware of the issue and enable the client to perform the required activity without facing sanction.

 

c)         "Cooperating with the Department" in the context of subsection (a) of this Section means any of the following actions that are relevant to, or necessary for, the achievement of the objectives specified in subsection (a) of this Section:

 

1)         appearing at, or failing to return the required documents to, such places as an office of the Department or the Department's legal representative (such as the Attorney General or his designee), as necessary, to provide verbal or written information, or documentary evidence, known to, possessed by, or reasonably obtainable by the caretaker relative;

 

2)         appearing and testifying as a witness at judicial or administrative proceedings;

 

3)         paying to the Department any child support payments received from the responsible relative; and

 

4)         providing information, or attesting to the lack of information, under penalty of perjury (for the penalty for perjury, see Section 32-2 of the Criminal Code [720 ILCS 5/32-2]).  All caretaker relatives must sign a statement attesting that:

 

A)        he or she has, to the best of his or her ability, provided all information requested of him or her; and

 

B)        all information which he or she has provided is true and correct, to the best of his or her knowledge.

 

d)         Grounds for a determination that a caretaker relative has failed or refused to cooperate with the requirements of subsection (c) of this Section are as follows:

 

1)         failure or refusal, without a valid reason, to appear for an appointment or interview at, or to return the required documents to, such places as the Department's or the Department's legal representative's office;

 

2)         failure or refusal, without a valid reason, to appear and testify as a witness at a judicial or administrative proceeding;

 

3)         failure or refusal, without a valid reason, to submit to a court or administratively-ordered genetic test; or

 

4)         failure or refusal to attest under penalty of perjury that:

 

A)        he or she has provided all verbal or written information or documentary evidence known to, possessed by or reasonably obtainable by him or her about the identity and location of the responsible relative; and

 

B)        the information provided is true and correct, to the best of his or her knowledge.

 

5)         A caretaker relative may claim a valid reason for failure or refusal to appear for an appointment or interview, to return required documents, to appear and testify as a witness at a judicial or administrative proceeding or to submit to a court or administratively-ordered genetic test.

 

A)        Examples of valid reasons for failure or refusal to cooperate include, but are not limited to:

 

i)          illness;

 

ii)         incapacity (for example, a broken leg, information of a scheduled surgery or recuperation from surgery);

 

iii)        death in the family;

 

iv)        non-Child Support Enforcement court required appearance;

 

v)         temporary incarceration;

 

vi)        family crisis;

 

vii)       breakdown in child care arrangements;

 

viii)      sudden or unexpected emergency;

 

ix)        unavailability of otherwise suitable child care;

 

x)         breakdown in transportation arrangements or lack of reasonably available transportation; or

 

xi)        non-receipt of notice of appointment or interview, court date or genetic test date.

 

B)        The Department will not require a caretaker relative to provide proof of a valid reason for failure or refusal to cooperate unless:

 

i)          the caretaker relative has failed or refused to return required documents, to appear for an appointment or interview, judicial or administrative proceeding or genetic test on at least one other occasion within a 30-day day period from the first failure to appear; or

 

ii)         evidence, independent of the explanation of valid reason, contradicts the caretaker relative's explanation.

 

C)        When the Department requests proof of a valid reason, the caretaker relative must provide such proof (for example, physician's statement, dated pharmacy statement, hospital admission statement, statements by witnesses) within ten calendar days of the request.  The Department shall allow an additional ten calendar days to provide proof at the request of the caretaker relative.  If the caretaker relative does not provide the proof, the Department shall reject the claim of a valid reason.

 

D)        The sanction for failure or refusal to return required documents, to appear for an appointment or interview, judicial or administrative proceeding or genetic test shall be rescinded at any level of the appeal process up through and until the final agency decision and any lost benefits will be restored, if the caretaker relative establishes a valid reason for his or her failure or refusal.

 

e)         If a caretaker relative, who is subject to the penalty at subsection (b) of this Section because of a failure or refusal to cooperate indicates that he or she is willing to cooperate within the three-month penalty period, he or she will be given the opportunity to cooperate.  The caretaker relative will be determined to have cooperated if he or she complies with the requirements that he or she previously failed or refused to meet as follows:

 

1)         In the case of a caretaker relative for whom a sanction was imposed for missing an interview or appointment or for failing to return requested documents, he or she may demonstrate cooperation by appearing at a new interview or appointment or completing and returning the requested documents to the Department or its legal representatives.  If the caretaker relative notifies the Department that he or she is willing to cooperate, the Department will schedule a new interview or appointment no later than three weeks from the date of such notification.  If the caretaker relative appears at the new interview or appointment, the Department will authorize assistance as of the date the caretaker relative notified the Department that he or she was willing to cooperate if this is the first penalty, or as of the first day of the fourth month if it is the second or third penalty.

 

2)         In the case of a caretaker relative for whom a sanction was imposed for failure to submit to a genetic test to establish paternity, he or she may demonstrate cooperation by submitting to the genetic test.  If the caretaker relative notifies the Department that he or she is willing to cooperate, the Department will schedule a genetic test within three weeks from the date of such notification.  If the caretaker relative submits to the genetic test, the Department will authorize assistance as of the date the caretaker relative notified the Department that he or she was willing to cooperate if this is the first penalty, or as of the first day of the fourth month if it is the second or third penalty.

 

3)         In the case of a caretaker relative for whom a sanction was imposed for not attending a court or administrative appearance, he or she may demonstrate cooperation by attending the next court or administrative appearance or, once in a court or administrative case after 30 days have passed since the missed appearance, by signing a statement that he or she is now willing to cooperate and will attend the next scheduled court or administrative appearance.  Assistance for the caretaker relative shall be authorized as of the date he or she demonstrates cooperation by either method if this is the first penalty, or as of the first day of the fourth month if it is the second or third penalty.

 

4)         In the case of a caretaker relative for whom a sanction was imposed for failure to attend a court or administrative appearance or other failure to cooperate resulted in the dismissal of the court or administrative case, he or she may demonstrate cooperation by doing what he or she failed to do or, once in a court or administrative case after 60 days have passed since the dismissal, by signing a statement that he or she is now willing to cooperate.  Assistance for the caretaker relative shall be authorized as of the date he or she demonstrates cooperation by either method if this is the first penalty, or as of the first day of the fourth month if it is the second or third penalty.

 

5)         In the case of a caretaker relative for whom a sanction was imposed for not attesting, he or she may demonstrate cooperation by executing the attestation described in subsection (d)(4) of this Section.  Assistance for the caretaker relative shall be authorized as of the date he or she executes the attestation if this is the first penalty, or as of the first day of the fourth month if it is the second or third penalty.

 

6)         The Department shall not deny or terminate a pregnant caretaker relative's medical assistance because of the caretaker relative's failure to cooperate with the requirements of subsection (c) of this Section until at least 30 days have elapsed since termination of the pregnancy.

 

f)         A sanction for failure or refusal to comply with the requirements of subsection (c) of this Section shall be rescinded at any level of the appeal process up through and including the final agency decision and any lost benefits will be restored, if the caretaker relative establishes good cause for failure or refusal.

 

g)         Sanctions under this Section, employment and training programs and the Responsibility and Services Plan (89 Ill. Adm. Code 112.79), and the School Attendance Initiative (89 Ill. Adm. Code 112.68(c)) shall be considered along one track.  After a sanction is taken under one Section, a subsequent sanction under that Section or either of the other two Sections will be at the next sanction level, as described in Section 160.30(b)(1), (2) and (3) of this Section.

 

(Source:  Amended at 29 Ill. Reg. 14995, effective September 30, 2005)

 

Section 160.35  Good Cause for Failure to Cooperate with Support Enforcement

 

a)         The Department shall inform the caretaker relative of the right to claim good cause for failing to cooperate.

 

b)         In order to be exempted from the cooperation requirement as to a particular child, the caretaker relative who claims good cause must either:

 

1)         provide the Department with evidence on which it may base a determination of good cause; or

 

2)         furnish information sufficient to permit the Department to investigate to determine that cooperation is against the best interests of the child (see Section 160.40).

 

c)         Upon request, the Department shall assist the caretaker relative in obtaining acceptable evidence and shall not deny, delay or discontinue assistance, pending a determination of good cause, if the caretaker relative has complied with the requirement to furnish evidence or information.

 

d)         A caretaker relative has good cause and is exempt from the requirement of cooperation if:

 

1)         The Department determines that cooperation reasonably may be expected to result in physical or emotional harm to the caretaker relative or the child for whom support is being sought; or

 

2)         The Department determines that because of the existence of one of the following circumstances proceedings to establish paternity or to obtain support would be detrimental to the child:

 

A)        The child was conceived as a result of incest or forcible rape;

 

B)        Legal proceedings for the adoption of the child are pending before a court of competent jurisdiction; or

 

C)        The caretaker relative or parent in the home is currently being counseled by a public or licensed private social agency in order to decide whether to keep the child or to relinquish the child for adoption and the counseling has not lasted more than three months.

 

e)         An applicant for, or recipient of, TANF who refuses to cooperate and who claims to have good cause for refusing to cooperate has the burden of establishing the existence of good cause circumstance.  Such applicant or recipient will be required to:

 

1)         Specify the circumstances, as described in subsection (d) of this Section, that the applicant or recipient believes provide sufficient good cause for not cooperating.

 

2)         Corroborate the good cause circumstances in accordance with Section 160.40.

 

3)         If requested, provide sufficient information (such as the information listed in Section 160.40(b)(1) through (b)(6)).  See Section 160.40(f) for when the Department will conduct an investigation.

 

f)         If the requirements of subsection (e) of this Section are not met, the Department shall determine that good cause does not exist.  If the Department determines that good cause does not exist:

 

1)         the applicant or recipient will be so notified and afforded an opportunity to cooperate, withdraw the application, or have the case closed; and

 

2)         continued refusal to cooperate will result in imposition of the sanction provided by Section 160.30(b), or in a case assigned to the experimental treatment group or the non-experimental treatment group in the paternity establishment and continued eligibility program under subsection (c) of Section 160.61, the sanctions provided by Section 160.62.

 

g)         The Department's final determination that good cause does or does not exist shall be made within 45 days after the date the exemption was claimed, shall be in writing, shall contain its findings and basis for the determination, and shall be filed in the TANF case record.  The Department will exceed this time standard only where the case record documents that the Department needs additional time because the information required to verify the claim cannot be obtained within the time standard or that the claimant did not provide corrobative evidence within the period required by Section 160.40.  Such extension shall not exceed 45 days and shall be granted only under the conditions described in subsection (f) of this Section.

 

h)         The administrative unit responsible for the Department's support enforcement activities shall have an opportunity to review and comment on proposed determinations of good cause for refusing to cooperate and may participate in any administrative hearing proceeding resulting from actions taken pursuant to a final determination.  In accordance with established procedures, the caretaker relative has the right to appeal any action taken by the Department as a result of its final determination.

 

i)          The Department shall review, during each redetermination of eligibility, all cases in which there has been a determination of good cause based on circumstances subject to change.

 

(Source:  Amended at 21 Ill. Reg. 16050, effective November 26, 1997)

 

Section 160.40  Proof of Good Cause For Failure to Cooperate With Support Enforcement

 

a)         The applicant or recipient who claims good cause must provide corroborative evidence within 20 days from the day the claim was made.  In exceptional cases where the Department determines the applicant or recipient requires additional time because of the difficulty of obtaining the corroborative evidence, the Department shall allow a reasonable additional period of time.  Such additional periods of time allowed shall not exceed 20 days and shall be granted only under the conditions described in Section 160.40(a).

 

b)         A good cause claim may be corroborated with the following types of evidence:

 

1)         Birth certificates or medical or law enforcement records which indicate that the child was conceived as the result of incest or forcible rape;

 

2)         Court documents or other records which indicate that legal proceedings for adoption are pending before a court of competent jurisdiction;

 

3)         Court, medical, criminal, child protective services, social services, psychological, or law enforcement records which indicate that the putative father or absent parent might inflict physical or emotional harm on the child or caretaker relative;

 

4)         Medical records which indicate emotional health history and present emotional health status of the caretaker relative or the child for whom support would be sought; or, written statements from a mental health professional indicating a diagnosis or prognosis that cooperation would be harmful to the emotional health of the caretaker relative or the child for whom support would be sought;

 

5)         A written statement from a public or licensed private social agency (e.g., Department of Children and Family Services or Catholic Charities) that the applicant or recipient is being assisted by the agency to resolve the issue or whether to keep the child or relinquish him or her for adoption; or

 

6)         Sworn notarized statements from individuals other than the applicant or recipient with knowledge of the circumstances which provide the basis for the good cause claim.

 

c)         After examining the corroborative evidence submitted by the applicant or recipient, if the Department requests additional corroborative evidence which is needed to permit a good cause determination, the Department will:

 

1)         Promptly notify the applicant or recipient that additional corroborative evidence is needed; and

 

2)         Specify the type of document which is needed (i.e. Section 160.40(b) through 160.40(b)(6)).

 

d)         Upon request of the applicant or recipient, the Department will:

 

1)         Advise the applicant or recipient how to obtain the necessary documents (e.g., instructions on obtaining a police report); and

 

2)         Make a reasonable effort to obtain any specific documents which the applicant or recipient is not reasonably able to obtain without assistance (e.g., contacting out-of-state witnesses).

 

e)         Where a claim is based on the applicant's or recipient's anticipation of physical harm as specified in Section 160.35(c), and corroborative evidence is not submitted in support of the claim (e.g., unreported or suspected incidents of incest):

 

1)         The Department will investigate the good cause claim when the agency believes that:

 

A)        The claim is credible without corroborative evidence from the client; and

 

B)        Corroborative evidence is not available from the client.

 

2)         Good cause will be found if the claimant's statement and the investigation which is conducted satisfies the agency that the applicant or recipient has good cause for refusing to cooperate.

 

3)         A determination that good cause exists will be reviewed and approved or disapproved and the Department's findings will be recorded in the case record.

 

f)         The Department will seek further verification of good cause claim if the applicant's or recipient's statement of the claim required by Section 160.35(d)(1), together with the corroborative evidence do not provide sufficient basis for making a determination.  When the Department determines that it is necessary, the Department will conduct an investigation of good cause claims to determine that good cause does or does not exist.

 

g)         If the Department conducts an investigation of a good cause claim, the Department will:

 

1)         Contact the absent parent or putative father from whom support would be sought if such contact is determined to be necessary to establish the good cause claim; and

 

2)         Prior to making such necessary contact, notify the applicant or recipient to enable the applicant or recipient to:

 

A)        present additional corroborative evidence or information so that contact with the parent or putative father becomes unnecessary;

 

B)        withdraw the application for assistance or have the case closed; or

 

C)        have the good cause claim denied.

 

(Source:  Recodified from 89 Ill. Adm. Code 112.82 at 10 Ill. Reg. 19990, effective November 14, 1986)

 

Section 160.45  Suspension of Child Support Enforcement Upon a Claim of Good Cause

 

a)         Upon receiving notice from the local office that an applicant or recipient has claimed good cause, the Division of Child Support Enforcement will suspend all activities to establish paternity or secure child support until notified by the local office of a final administrative decision regarding the claim of the applicant or recipient.

 

b)         The Division of Child Support Enforcement shall not undertake to establish paternity or secure child support in any case for which it has received notice that there has been a finding of good cause pursuant to Section 160.35(c).

 

(Source:  Amended at 27 Ill. Reg. 4732, effective February 25, 2003)

 

Section 160.60  Establishment of Support Obligations

 

a)         Definitions

 

1)         "CSS" means any Child Support Specialist performing assigned duties, his or her supervisory staff and any other person assigned responsibility by the Director of the Department.

 

2)         "Service" or "Served" means notice given:

 

A)        by personal service, substitute service at the individual's usual place of abode with some family member or a person residing there who is at least 13 years old, certified mail (with or without return receipt requested) or restricted delivery;

 

B)        by a person who is licensed or registered as a private detective under the Private Detective, Private Alarm, Private Security, and Locksmith Act of 2004 [225 ILCS 447] or by a registered employee of a private detective agency certified under that Act; or

 

C)        by any method provided by law for service of summons.  (See Sections 2-202, 2-203 and 2-206 of the Code of Civil Procedure [735 ILCS 5] and Sections 10-4 and 10-11 of the Public Aid Code [305 ILCS 5].)

 

3)         "Support Statutes" means the following:

 

A)        Article X of the Illinois Public Aid Code [305 ILCS 5];

 

B)        The Illinois Marriage and Dissolution of Marriage Act [750 ILCS 5] or "IMDMA";

 

C)        The Non-Support Punishment Act [750 ILCS 16];

 

D)        The Uniform Interstate Family Support Act [750 ILCS 22];

 

E)        The Illinois Parentage Act of 2015 [750 ILCS 46]; and

 

F)         Any other statute in another state that provides for child support.

 

4)         "Retroactive support" means support for a period prior to the date a court or administrative support order is entered.

 

5)         "Needs of the child" means the term as it is used in Section 505(a) of the IMDMA.

 

6)         The definitions contained in Section 103 of the Illinois Parentage Act of 2015 shall apply to the same terms in this Section.

 

b)         Responsible Relative Contact

 

1)         Timing and Purpose of Contact

 

A)        The Department shall contact and interview responsible relatives in Title IV-D cases to establish support obligations, following the IV-D client interview.

 

B)        The purpose of this contact and interview shall be to obtain relevant facts, including income information (for example, paycheck stubs, income tax returns) necessary to determine the financial ability of such relatives for use in obtaining stipulated, consent and other court orders for support and in entering administrative support orders, pursuant to the support statutes.

 

2)         At least ten working days in advance of the interview, the Department shall notify each responsible relative in accordance with Section 5/10-4 of the Illinois Public Aid Code of the following:

 

A)        the IV-D case name and identification number;

 

B)        the names and birthdates of the persons for whom support is sought or other information identifying those persons, such as a prior court number;

 

C)        that the responsible relative has a legal obligation to support the named persons;

 

D)        the date, time, place and purpose of the interview and that the responsible relative may be represented by counsel; and

 

E)        that the responsible relative should bring specified information regarding his or her income and resources to the interview.

 

3)         The Department shall notify each IV-D client of the date, time and place of the responsible relative interview and that the client may attend if he or she chooses.

 

c)         Determination of Financial Ability

 

1)         The CSS and other staff designated by the Division of Child Support Services (DCSS) calculate child support and enter administrative support orders in IV-D cases by utilizing and considering the following factors in accordance with Section 505(a) of the IMDMA, including but not limited to:

 

A)        the Gross to Net Income Conversion Table Using Standardized Tax Amounts as published on the Department's website at https://www.illinois.gov/hfs/ChildSupport/parents/Pages/

IncomeShares.aspx;

 

B)        the Schedule of Basic Child Support Obligations Table as published at the link in subsection (c)(1)(A);

 

C)        the Income Shares calculator accessed through the Key Information Delivery System (KIDS) or any successor Department Statewide automated child support system;

 

D)        rebuttable presumption of minimum orders;

 

E)        health care;

 

F)         gross income;

 

G)        net income; and

 

H)        standardized tax amount;

 

2)         In de novo hearings as ascribed in subsection (d)(2)(G) and 89 Ill. Adm. Code 104.102, calculation and review of support orders by Department hearing officers will be conducted in accordance with the following:

 

A)        The Department's hearing officers may utilize and consider the factors in subsection (c)(1) when calculating and reviewing support orders, as well as the following factors:

 

i)          individualized tax amount;

 

ii)         business income;

 

iii)        unemployment or underemployment;

 

iv)        deviation factors;

 

v)         income in excess of the Basic Child Support Obligation Table; and

 

vi)        extracurricular activities and school expenses.

 

B)        Calculations for support made by hearing officers begin with the Income Shares calculator accessed through the KIDS or any successor Department Statewide automated child support system, which contain the standardized factors provided for in Section 505(a) of the IMDMA and subsection (c)(1) of this Section.

 

C)        However, the hearing officer may find the application of subsections (c)(1) and (c)(2)(A) are inappropriate after considering the best interests of the child in light of evidence, and the hearing officer may use discretion to consider other factors, including but not limited to:

 

i)          financial resources and needs of the child;

 

ii)         financial resources and needs of the custodial parent;

 

iii)        standard of living the child would have enjoyed had the marriage or civil union not been dissolved, the separation not occurred, or the parties married;

 

iv)        physical and emotional condition of the child and his or her educational needs;

 

v)         financial resources and needs of the non-custodial parent; and

 

vi)        child's physical care arrangements.

 

D)        Each order requiring support that deviates from the factors in subsection (c)(2)(B) shall state the amount of support that would have been required under those factors and the reasons for the deviation.

 

3)         A copy of the Support Obligation Worksheet or a Shared Physical Care Support Obligation Worksheet is to be attached to each administrative support order. These worksheets contain the information in Section 505(a) of the IMDMA and subsections (c)(1) and (c)(2) of this Section.

 

4)         The Department refers IV-D cases for judicial review, in accordance with subsection (f), that involve the following factors:

 

A)        child care;

 

B)        shared parenting in accordance with a court order;

 

C)        split care in accordance with a court order; and

 

D)        healthcare, but only when:

 

i)          health insurance is not currently held or available to the parent or parents, and is unlikely to become available to the parent or parents; or

 

ii)         the parents cannot agree as to who should provide coverage for the child.

 

5)         Extra curricular activities and school expenses will not be referred for judicial review, as they are not IV-D functions.

 

6)         The Gross to Net Income Conversion Table, the Schedule of Basic Child Support Obligations Table, and the Illinois Child Support Calculator are based on:

 

A)        the percentage of combined net income that parents living in the same household in this State ordinarily spend on their children;

 

B)        the parents' combined adjusted net income estimated to have been allocated to the child if the parents and children were living in an intact household; and

 

C)        the amount of child support to be paid by each parent based upon the child support order and the child's physical care arrangements.

 

d)         Contents of Administrative Support Orders

 

1)         All administrative support orders are stated in dollar amounts and address the provision of health care coverage of the child.  In all cases in which health insurance coverage is not being furnished, the Department shall enter administrative, or request the court to enter, support orders requiring coverage when a child can be added to an existing health insurance policy at reasonable cost or indicating what alternative arrangement for health insurance coverage is being provided. 

 

2)         An administrative support order shall include the following:

 

A)        the IV-D case name and identification number;

 

B)        the names and birthdates of the persons for whom support is ordered;

 

C)        the beginning date, amount and frequency of support;

 

D)        a provision for retroactive support ordered under subsection (d)(8), including the total retroactive support obligation and the beginning date, amount (that shall not be less than 20 percent of the current support amount) and frequency of payments to be made until the retroactive support obligation is paid in full;

 

E)        the amount of any arrearage that has accrued under a prior support order and the beginning date, amount (that shall not be less than 20 percent of the support order) and frequency of payments to be made until the arrearage is paid in full;

 

F)         a provision requiring that support payments be made to the State Disbursement Unit;

 

G)        a statement informing the client and the responsible relative that they have 30 days from the date of mailing of the administrative support order to petition the Department for a release from, or modification of, the order and petition for a hearing in accordance with subsection (c)(2) and 89 Ill. Adm. Code 104.102. For orders entered as a result of a decision after a de novo hearing, the statement shall inform the client and the responsible relative that the order is a final administrative decision of the Department and that review is available only in accord with provisions of the Administrative Review Law [735 ILCS 5/3], unless:

 

i)          the order was based upon the factors listed in subsection (c); and

 

ii)         other factors listed in Section 802(e) of the Illinois Parentage Act of 2015 and Section 505 of the IMDMA are to be considered. In this case either the responsible relative or the client must request a de novo hearing within 30 days after mailing of the administrative support order;

 

H)        a statement that a support obligation required under the order, including judgments, arrearages or judgments for retroactive support, judgments by operation of law or any portion of a support obligation required under the order, that becomes due and remains unpaid for 30 days or more shall accrue simple interest as required by law at the rate of nine percent per annum (see Sections 10-10, 10-11 and 10-16.5 of the Illinois Public Aid Code, Sections 505(b) and 505(d) of the IMDMA, Sections 801(b), 802(f) and 812 of the Illinois Parentage Act of 2015, Sections 20(e) and 20(j) of the Non-Support Punishment Act, Sections 2-1303 and 12-109(b) of the Code of Civil Procedure; and

 

I)         an income withholding provision based upon and containing the same information in Section 160.75. The Department shall prepare and send income withholding notices after entry of an administrative support order and effect income withholding in the same manner ascribed in Section 160.75.

 

3)         In cases in which the net income of the responsible relative cannot be determined because of default or any other reason, and the IV-D client requests that an order for retroactive support be entered or requested, the Department shall order, or request the court to order, the responsible relative to pay retroactive support for the prior period in the amount consistent with subsection (d)(8).

 

4)         If there is no net income because of the unemployment of a responsible relative who resides in Illinois and is not receiving General Assistance in the City of Chicago and has children receiving cash assistance in Illinois, the Department, when proceeding under subsection (e), shall order, or, when proceeding under subsection (f), shall request the court to order the relative to report for participation in job search, training or work programs established for those relatives.  In TANF cases, the Department shall order, when proceeding under subsection (e), or, when proceeding under subsection (f), shall request the court to order payment of past-due support pursuant to a plan and, if the responsible relative is unemployed, subject to a payment plan and not incapacitated, that the responsible relative participate in job search, training and work programs established under Section 9-6 and Article IXA of the Illinois Public Aid Code.

 

5)         All administrative support orders, or request the court to enter support orders, shall include a provision requiring the responsible relative to notify the Department, within seven days:

 

A)        of any new address of the responsible relative;

 

B)        of the name and address of any new employer or source of income of the responsible relative;

 

C)        of any change in the responsible relative's Social Security Number;

 

D)        whether the responsible relative has access to health insurance coverage; and

 

E)        if the responsible relative has access to health insurance, the policy name and number and the names of persons covered under the policy.

 

6)         All administrative support orders, or request the court to enter support orders, must include a date on which the current support obligation terminates.  The administrative support order termination date shall be no earlier than the date on which the child covered by the order will attain the age of majority or is otherwise emancipated.  The order for support shall state that the termination date does not apply to any arrearage that may remain unpaid on that date.  The provision of a termination date in the administrative support order shall not prevent the order from being modified.

 

7)         All administrative support orders, or request the court to enter support orders, must include a statement that if there is an unpaid arrearage or delinquency equal to at least one month's support obligation on the termination date stated in the order for support or, if there is no termination date stated in the order, on the date the child attains the age of majority or is otherwise emancipated, then the periodic amount required to be paid for current support of that child immediately prior to that date shall automatically continue to be an obligation, not as current support but as periodic payment toward satisfaction of the unpaid arrearage or delinquency.

 

8)         At the request of the IV-D client, the Department shall enter administrative support orders, or request to the court to enter support orders, will address retroactive support, as follows:

 

A)        The Department shall order the period of retroactive support to begin with the later of two years prior to the date of entry of the administrative support order or the date of the parties' separation (or the date of birth of the child for whom support is ordered, if the child was born out of wedlock). Retroactive support is calculated by applying the relative's current net income (unless the relative provides necessary information to determine net income for the prior period) to the financial ability factors in accordance with subsection (c) and reducing the total by the amount of actual monetary contributions made by the responsible relative to the IV-D client for the benefit of the child during the retroactive period as specified in the IV-D client's affidavit of direct contribution.  In no event shall credit be given in excess of the total amount of the retroactive support determined.

 

B)        In de novo hearings provided for in subsection (d)(2)(G) and 89 Ill. Adm. Code 104.102, the Department's hearing officer shall order retroactive support in accordance with subsection (d)(8)(A), unless, in cases in which the child was born out of wedlock, the hearing officer, after having examined the factors set forth in Section 802(e) of the Illinois Parentage Act of 2015 and Section 505 of the IMDMA decides that another date is more appropriate.

 

C)        In cases referred for judicial action under subsection (f), the Department's legal representative shall ask the court to determine the date retroactive support is to commence in accord with Article X of the Illinois Public Aid Code, Sections 510 and 505 of the IMDMA, and Section 802(e) of the Illinois Parentage Act of 2015.

 

e)         Administrative Process

 

1)         Use of Administrative Process

 

A)        Unless otherwise directed by the Department, in IV-D cases, the CSS shall establish support obligations of responsible relatives through the administrative process set forth in this subsection (e)  wherein the court has not acquired jurisdiction previously, in matters involving:

 

i)          presumed parentage as set forth in Section 204 of the Illinois Parentage Act of 2015 and support is sought from one or both parents;

 

ii)         alleged parentage and support is sought from the other parent;

 

iii)        an administrative paternity order entered under Section 160.61 and support is sought from the man determined to be the child's father, or from the mother, or both;

 

iv)        an establishment of parentage in accordance with Article 3 of the Illinois Parentage Act of 2015; and

 

v)         an establishment of parentage under the laws of another state, and support is sought from the child's father, the mother, other parent, or all three.

 

B)        In addition to those items specified in subsection (b)(2), the notice of support obligation shall inform the responsible relative of the following that:

 

i)          the responsible relative may be required to pay retroactive support as well as current support;

 

ii)         in its initial determination of child support under subsection (c), the Department will only consider factors listed in subsection (c); 

 

iii)        the Department will enter an administrative support order based only on those factors listed in subsection (c);  

 

iv)        in order for the Department to consider other factors listed in subsection (c), Section 802(e) of the Illinois Parentage Act of 2015, and Section 505 of the IMDMA, either the responsible relative or the client must request a de novo hearing within 30 days after mailing of the administrative support order; 

 

v)         both the client and the responsible relative have a right to request a de novo hearing not later than 30 days after the mailing of an administrative support order, at which time a Department hearing officer may consider other factors listed in subsection (c), Section 802(e) of the Illinois Parentage Act of 2015, and Section 505 of the IMDMA; 

 

vi)        unless the client and/or the responsible relative requests a de novo hearing not later than 30 days after the order's mailing, the administrative support order will become a final enforceable order of the Department; and

 

vii)       upon failure of the responsible relative to appear for the interview or to provide necessary information to determine net income, an administrative support order may be entered by default or the Department may seek court determination of financial ability based upon the guidelines.

 

2)         The CSS or Department hearing officer shall determine the ability of each responsible relative to provide support by issuing an administrative support order in accordance with subsection (c) when the relative appears in response to the notice of support obligation and provides necessary information to determine net income. 

 

3)         Failure to Appear

 

A)        In instances in which the responsible relative was served with a notice of support obligation and fails to appear at the interview in response to the notice of support obligation or fails to provide necessary information to determine net income, the CSS or other staff designated by DCSS, shall enter an administrative support order by default, except as provided in subsection (e)(3)(D). 

 

B)        The CSS, other staff designated by DCSS, or Department hearing officer may issue a subpoena to a responsible relative who fails to appear for interview, or who appears and furnishes income information, when the CSS, other staff designated by DCSS, or Department hearing officer has information from the IV-D client, the relative's employer or any other reliable source indicating that:

 

i)          financial ability, as determined from the factors contained in subsection (c), exceeds the amount indicated in case of default, as indicated in subsection (e)(3)(A); or

 

ii)         income exceeds that reported by the relative.

 

C)        The CSS, other staff designated by DCSS, or Department hearing officer will not issue a subpoena under subsection (e)(3)(B) when the information from the IV-D client, the responsible relative's employer or other source concerning the relative's financial ability is verified through documentation such as payroll records, paycheck stubs or income tax returns.

 

D)        In instances in which the relative fails or refuses to accept or fully respond to a Department subpoena issued to him or her pursuant to subsection (e)(3)(B), the CSS, other staff designated by DCSS, or Department hearing officer may enter a temporary administrative support order by default, in accordance with subsection (e)(3)(A), and may then, after investigation and determination of the responsible relative's financial ability to support, utilizing existing State and federal sources (for example, Illinois Department of Employment Security), client statements, employer statements, or the use of the Department's subpoena powers, enter a support order in accord with subsection (c).

 

4)         The Department shall register, enforce or modify an order entered by a court or administrative body of another state, and make determinations of controlling order where appropriate, in accordance with the provisions of the Uniform Interstate Family Support Act.

 

5)         The Department shall provide to each client and each responsible relative a copy of each administrative support order entered, no later than 14 days after entry of the order, by:

 

A)        delivery at the conclusion of an interview during which financial ability to support was determined.  An acknowledgment of receipt signed by the client or relative, or a written statement identifying the place, date and method of delivery signed by the Department's representative, shall be sufficient for purposes of notice to that person.

 

B)        US registered mail, certified mail, or regular mail as specified in Section 5/10-11 of the Public Aid Code, or by any method provided by law for service of summons as provided in subsection (a)(2).

 

6)         In any case in which the administrative support process has been initiated for the custodial parent and the child, and the custodial parent and the child move outside the original county, the administrative support case shall remain in the original county unless a transfer to the other county in which the custodial parent and the child reside is requested by either party or the Department and the hearing officer assigned to the original county finds that a change of venue would be equitable and not unduly hamper the administrative support process.

 

7)         In any case in which an administrative support order is entered to establish and enforce an arrearage only, and the responsible relative's current support obligation has been terminated, the administrative support order shall require the responsible relative to pay a periodic amount equal to the terminated current support amount until the arrearage is paid in full.

 

f)         Judicial Process

 

1)         The Department shall refer IV-D cases for court action to establish support obligations of responsible relatives, pursuant to the support statutes  in matters requiring the determination of parentage (except when paternity is to be determined administratively under Section 160.61), when the court has acquired jurisdiction previously, in instances described in subsection (c)(4), and as otherwise determined by the Department.

 

2)         The Department shall prepare and transmit pleadings, with appropriate signatures, including, but not be limited to, petitions to:

 

A)        intervene;

 

B)        modify;

 

C)        change payment path;

 

D)        establish an order for support;

 

E)        establish retroactive support when the IV-D client requests it;

 

F)         establish past-due support;

 

G)        establish parentage;

 

H)        obtain a rule to show cause;

 

I)         enforce judicial and administrative support orders; and

 

J)         Judicial Registration of Administrative Support Orders and Administrative Paternity Orders; and

 

K)        combinations of any of the above.

 

3)         Department legal representatives shall request that judicial orders for support require payments to be made to the State Disbursement Unit in accordance with Section 10-10.4 of the Illinois Public Aid Code, Section 507.1 of the Illinois Marriage and Dissolution of Marriage Act, Section 320 of the Uniform Interstate Family Support Act, Section 815 of the Illinois Parentage Act of 2015 and Section 25 of the Non-Support Punishment Act.

 

4)         A copy of the Support Obligation Worksheet or a Shared Physical Care Support Obligation Worksheet is to be attached to each judicial support order.

 

g)         Petitions for Release from Administrative Support Orders – Extraordinary Remedies

 

1)         Notwithstanding the statements required by subsections (d)(2)(G) and (d)(2)(H), more than 30 days after the entry of an administrative support order under subsection (e), a party aggrieved by entry of an administrative support order may petition the Department for release from the order on the same grounds as are provided for relief from judgments under Section 2-1401 of the Code of Civil Procedure.

 

2)         Petitions must:

 

A)        cite a meritorious defense to entry of the order;

 

B)        cite the exercise of due diligence in presenting that defense to the Department;

 

C)        be filed no later than two years following the entry of the administrative support order, except that the following times shall be excluded when computing the two years:

 

i)          time during which the person seeking relief is under legal disability;

 

ii)         time during which the person seeking relief is under duress;

 

iii)        time during which the ground for relief is concealed from the person seeking relief;

 

D)        be supported by affidavit or other appropriate evidence as to matters not supported by the record.

 

3)         Notice of the filing of the petition and a copy of the petition must be served on the other parent, caretaker or responsible relative by certified mail, return receipt requested, or by any manner provided by law for service of process.  The filing of a petition under this subsection (g) does not affect the validity of the administrative support order.

 

(Source:  Amended at 44 Ill. Reg. 6277, effective April 13, 2020)

 

Section 160.61  Uncontested and Contested Administrative Paternity and Support Establishment

 

a)         Definitions

 

1)         The definitions contained in Section 103 of the Illinois Parentage Act of 2015 [750 ILCS 46] shall apply to the same terms in this Section.

 

2)         "Service" or "Served" means notice given:

 

A)        by personal service, substitute service at the individual's usual place of abode with some family member or a person residing there who is at least 13 years old, certified mail (with or without return receipt requested) or restricted delivery;

 

B)        by a person who is licensed or registered as a private detective under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004 [225 ILCS 447] or by a registered employee of a private detective agency certified under that Act [305 ILCS 5/10-4]; or

 

C)        by any method provided by law for service of a summons. (See Sections 2-202, 2-203 and 2-206 of the Code of Civil Procedure[735 ILCS 5]; Sections 10-4 and 10-11 of the Public Aid Code [305 ILCS 5].)

 

b)         Uncontested Administrative Paternity Process

 

1)         Except as otherwise determined, the Department shall establish an individual's paternity of a child through the administrative process set forth in this Section, in Title IV-D cases, wherein the court has not acquired jurisdiction previously, in matters involving:

 

A)        a child and support is sought from the alleged father;

 

B)        a child who is in the physical custody of the alleged father or a caretaker relative other than the child's mother, and support is sought from the alleged father, the mother, or both; or

 

C)        presumed paternity as set forth in Section 204 of the Illinois Parentage Act of 2015 in which a man other than the presumed father has been alleged to be the child's father, and notice has been provided to the alleged and presumed fathers as set forth in this Section.

 

2)         Contact with Responsible Relatives

 

A)        Following the IV-D client interview, the Department shall contact and interview:

 

i)          alleged fathers to establish paternity and support obligations; and

 

ii)         mothers to establish an alleged father's paternity of a child (where the alleged father or a caretaker relative other than the mother has physical custody of the child) and to establish the support obligation of the alleged father, the mother, or both.

 

B)        The purpose of contact and interview shall be to obtain relevant facts, including information concerning the child's paternity and responsible relative income information (for example, paycheck stubs, income tax returns) necessary to establish the child's paternity and to determine the responsible relative's financial ability for use in establishing child support obligations.

 

3)         At least ten working days in advance of the interview, the Department shall serve upon or provide to the alleged father from whom child support is sought, by ordinary mail, a notice of alleged paternity and support obligation, which notice shall contain the following:

 

A)        the IV-D case name and identification number;

 

B)        the name and birthdate of the child;

 

C)        that the alleged father has been identified as the biological father of the child named in the notice, and that, if determined to be the child's father, that person will have a legal obligation to support the child;

 

D)        the date, time, place and purpose of the interview and that the alleged father may be represented by counsel;

 

E)        that the alleged father should bring specified information regarding the alleged father's income and resources to the interview;

 

F)         that upon failure of the alleged father to appear for the interview, administrative paternity and support orders may be entered against the alleged father by default; and

 

G)        that the alleged father may be ordered to pay current support and retroactive support, and to provide health insurance coverage for the child.

 

4)         At least ten working days in advance of the interview, the Department shall serve upon or provide to the child's mother, by ordinary mail, a notice of alleged paternity and support obligation, when a man has been alleged to be the father of the child, the alleged father has physical custody of the child, and support is sought from the mother.  The notice shall contain the following:

 

A)        the IV-D case name and identification number;

 

B)        the name and birthdate of the child;

 

C)        that the mother has a legal obligation to support the child;

 

D)        the date, time, place and purpose of the interview and that the mother may be represented by counsel;

 

E)        that the mother should bring specified information regarding the mother's income and resources to the interview;

 

F)         that the mother may be ordered to pay current support and retroactive support, and to provide health insurance coverage for the child;

 

G)        that the alleged father has been identified as the biological father of the child named in the notice, and that, if determined to be the child's father, that person will have a legal obligation to support the child; and

 

H)        that upon failure of the mother to appear for the interview, or to provide necessary information to determine net income:

 

i)          an administrative support order may be entered against the mother by default or the Department may seek court determination of financial ability based upon the guidelines; and

 

ii)         the Department may enter an order finding the alleged father to be the father of the child.

 

5)         At least ten working days in advance of the interview, the Department shall serve upon or provide to the child's mother, by ordinary mail, a notice of alleged paternity and support obligation, when a man has been alleged to be the father of a child, an adult other than a parent of the child has physical custody of the child, and support is sought from the mother and the alleged father.  The notice shall contain the following:

 

A)        the IV-D case name and identification number;

 

B)        the name and birthdate of the child;

 

C)        that the mother has a legal obligation to support the child;

 

D)        the date, time, place and purpose of the interview and that the mother may be represented by counsel;

 

E)        that the mother should bring specified information regarding the mother's income and resources to the interview;

 

F)         that the mother may be ordered to pay current support and retroactive support, and to provide health insurance coverage for the child;

 

G)        that the alleged father has been identified as the biological father of the child named in the notice, and that, if determined to be the child's father, that person will have a legal obligation to support the child; and

 

H)        that upon failure of the mother to appear for the interview, or to provide necessary information to determine net income:

 

i)          an administrative support order may be entered against the mother by default or the Department may seek an administrative or court determination of financial ability based upon the guidelines; and

 

ii)         the Department may enter an order finding the alleged father to be the father of the child on the basis of genetic testing.

 

6)         When the man alleged to be the father of a child is different from a man presumed to be the father under Section 204 of the Illinois Parentage Act of 2015, the Department shall send a notice to the presumed father which shall contain the following:

 

A)        the IV-D case name and identification number;

 

B)        the child's name and birthdate;

 

C)        the name of the child's mother;

 

D)        that the man to whom the notice is directed has been identified as the child's presumed father;

 

E)        that another man has been alleged to be the child's father, and the name of that alleged father;

 

F)         that the Department has scheduled an interview with the alleged father for the purpose of determining the child's paternity, and the date, time and place of the interview (the date of the interview shall not be less than ten working days after the date of the notice to the presumed father);

 

G)        that if the presumed father fails to appear at the interview to assert  rights as the presumed father, the Department may enter an administrative order finding the alleged father to be the child's father on the basis of genetic testing, or if the alleged father and the child's mother voluntarily sign an acknowledgment that the alleged father is the father of the child; and

 

H)        that counsel may accompany the presumed father to the interview.

 

7)         The Department shall notify each IV-D client of the date, time and place of the alleged father interview and that the client may attend if the client chooses.

 

8)         In cases involving a child:

 

A)        The Department shall provide the alleged father or presumed father and the child's mother an opportunity to establish paternity by voluntarily signing an acknowledgment of paternity (and, in a case in which there is also a presumed parent, an opportunity for the mother and the presumed parent to sign a denial of parentage), after being provided with information concerning the implications of signing the acknowledgment (and denial), including parental rights and responsibilities of child support, retroactive support, health insurance coverage, allocation of parental responsibility, allocation of parenting time, the right to obtain and agree to be bound by the results of genetic testing, and the right to deny paternity and obtain a contested hearing.  A presumed father may sign or otherwise authenticate an acknowledgment. If the alleged father, who is not the presumed father, and the child's mother establish paternity by completing the voluntary acknowledgment of paternity (and, in a case in which there is also a presumed parent, the denial of parentage), the voluntary acknowledgment of paternity and, if appropriate, the denial of parentage shall:

 

i)          signed by the appropriate parties in the presence of a witness as required by Section 12 of the Vital Records Act [410 ILCS 535] and this subsection (b).  The witness must also sign the voluntary acknowledgment of paternity and, if appropriate, the denial of parentage at the time the appropriate parties sign.  For purposes of the voluntary acknowledgment of paternity and, if appropriate, the denial of parentage, a witness must be an adult, age 18 or older, but cannot be a signatory or the child named on the voluntary acknowledgment of paternity or in the case of denial of parentage, cannot be a signatory or child named on the denial; and

 

ii)         filed with the Department.  If a voluntary acknowledgment of paternity and/or the denial of parentage is filed prior to or after the birth of a child and the required data elements specified in Section 12(5) of the Vital Records Act are missing, the signatories may be asked to resubmit the document.

 

B)        The Department shall enter and, within 14 days after entry, serve or mail the parties a copy of an administrative paternity order finding the alleged father to be the father of the child in the following circumstances.  An acknowledgment of receipt signed by the client or relative or a written statement identifying the place, date, and method of delivery signed by the Department's representative shall be sufficient for purposes of notice to that person.  The Department shall enter the order where:

 

i)          the alleged father and the child's mother (and any presumed father) have voluntarily signed an agreement to be bound by the results of genetic testing, and the results of such testing show that the alleged father is not excluded and that the combined paternity index is at least 1000 to 1 and there is a 99.9% probability of paternity;

 

ii)         the alleged father fails to appear for interview in response to the Department's notice of alleged paternity and support obligation served upon the alleged father in a case in which support is sought from the alleged father, or fails to appear for scheduled genetic testing after signing an agreement to be bound by the results of genetic testing;

 

iii)        the child's mother fails to appear for interview in response to the Department's notice of alleged paternity and support obligation served upon the child's mother in a case where the alleged father has physical custody of the child;

 

iv)        the child's mother fails to appear for interview in response to the Department's notice of alleged paternity and support obligation served upon the child's mother in a case where an adult other than a parent of the child has physical custody of the child, the alleged father has voluntarily signed an agreement to be bound by the results of genetic testing, the results of genetic testing show that the alleged father is not excluded, and the combined paternity index is at least 1000 to 1 and there is a 99.9% probability of paternity;

 

v)         the alleged father fails to appear for interview in response to the Department's notice of alleged paternity and support obligation served upon the alleged father (or fails to appear for genetic testing after agreeing to be bound by the results of genetic testing) in a case where an adult other than a parent of the child has physical custody of the child;

 

vi)        the presumed father fails to appear in response to the Department's  notice to presumed father served upon the presumed father, the child's mother, and the alleged father have voluntarily signed an agreement to be bound by the results of genetic testing, the results of genetic testing show that the alleged father is not excluded, and the combined paternity index is at least 1000 to 1 and there is a 99.9% probability of paternity; or

 

vii)       the alleged father fails to appear for interview in response to the Department's notice of alleged paternity and support obligation served upon the alleged father, and the presumed father fails to appear in response to the Department's notice to presumed father served upon the presumed father.

 

C)        The Department shall make a determination that the alleged father is not the father of the child where the results of genetic testing exclude the alleged father.

 

9)         An agreement to be bound by the results of genetic testing under subsection (b)(8)(B) shall not be valid when the mother or alleged father is a minor, unless the parent or guardian of the minor mother or minor alleged father also signs the agreement to be bound by the results of genetic testing, except when the mother or alleged father is either emancipated or head of the  household that includes the child for whom paternity is being determined.

 

10)         A party aggrieved by entry of an administrative paternity order, pursuant to subsection (b)(8), may have the order vacated if, within 30 days after the authorized mailing or service of the order, the party appears in person at the office at which the party was given notice to appear for an interview pursuant to subsection (b)(3) and files a written request for relief from the order.  The Department shall then proceed with the establishment of paternity under this Section.  A party may obtain relief under this subsection (b) only once in any proceeding to establish paternity.

 

11)         Rescission of Voluntary Acknowledgment of Paternity or Denial of Parentage

 

A)        A signatory may rescind a voluntary acknowledgment of paternity, and/or a denial of parentage under Section 12 of the Vital Records Act , Article 3 of the Illinois Parentage Act of 2015 and this subsection (b) by signing a rescission of the voluntary acknowledgment of paternity/denial of parentage in the presence of a witness and filing it with the Department by the earlier of:

 

i)          60 days after the effective date of the acknowledgment of paternity, and/or the denial of parentage, as provided in section 304 of the Illinois Parentage Act of 2015; or

 

ii)         the date of an administrative or judicial proceeding relating to the child, including a proceeding to establish a support order, in which the signatory is a party.

 

B)        The witness must also sign the rescission of the voluntary acknowledgment of paternity/denial of parentage at the time the parents sign.  For purposes of the rescission of the voluntary acknowledgment of paternity/denial of parentage, a witness must be an adult, age 18 or older, but cannot be a signatory or the child named on the rescission.

 

C)        If a signatory of an acknowledgment of paternity or denial of parentage signs a rescission of voluntary acknowledgment of paternity/denial of parentage, the Department shall process the case under this subsection (b).

 

c)         Contested Paternity Hearing Officers

 

1)         Except as otherwise directed by the Department or provided for in this Part, cases in which paternity is contested shall be referred to Department hearing officers to administratively determine paternity.  The Department shall provide the alleged father (and any presumed father) with notice and opportunity to contest paternity at a hearing to determine the existence of the father and child relationship.  The notice and any administrative hearing shall be governed by 89 Ill. Adm. Code 104.200 through 104.295.  Any administrative support order shall be established in accordance with Section 160.60.

 

2)         Notice shall be given to all parties in the manner provided for service of a notice of alleged paternity and support obligation under subsections (a) and (b) or, when necessary, by publication in cases in which the whereabouts of a party or parties are unknown after diligent location efforts by the Department.  When service is by publication, the notice shall be published at least once in each week for three consecutive weeks in a newspaper published in the county in which the administrative proceeding is pending.  If there is no newspaper published in that county, then the publication shall be in a newspaper published in an adjoining Illinois county having a circulation in the county in which the administrative proceeding is pending.  In addition, where service is by publication, the date of the interview stated in the notice shall not be less than 30 days after first publication of the notice.

 

3)         The Department shall enter default paternity determinations in contested administrative cases as provided for under subsection (b).  However, when notice of the administrative proceedings was served on a party by publication under subsection (c)(2), a notice of default paternity determination shall be published in the same manner.  The notice of default paternity determination shall contain the information required in an administrative paternity order under subsections (d)(1) through (9), except that the notice of default paternity determination shall not include the mother's and father's Social Security numbers.  The Department shall not proceed to establish paternity administratively under subsection (c) in those cases in which the court has acquired jurisdiction previously or the custodial parent claims good cause for failing to cooperate in the establishment of paternity and is found to be exempt from cooperating as set forth in Section 160.35.

 

4)         In any case in which the administrative paternity process has been initiated for the custodial parent and the child, and the custodial parent and the child move outside the original county, the paternity determination case shall remain in the original county of venue unless a transfer to another county of proper venue is requested by either party and the Department finds that a change of venue would be equitable and not unduly hamper the administrative paternity process.

 

d)         An administrative paternity order, whether entered under subsection (b) or (c), shall include the following:

 

1)         the IV-D case name and identification number;

 

2)         the name and birthdate of the child for whom paternity is determined;

 

3)         the alleged father's name and  Social Security number, if known;

 

4)         the mother's name and  Social Security number, if known;

 

5)         a finding that the alleged father is the father of the child, and a statement indicating how paternity was determined (for example, agreement to be bound by the results of genetic testing, default, contested hearing);

 

6)         except in cases in which paternity is administratively determined under subsection (b)(8)(B)(ii), (v) or (viii), or in a contested hearing under subsection (c), a statement informing the client and responsible relative that each has 30 days after the date of mailing (or delivery at the interview) of the administrative paternity order to petition the Department for release from the order and receive a hearing in accordance with 89 Ill. Adm. Code 104.105;

 

7)         in cases in which paternity is administratively determined by default under subsection (b)(8)(B)(ii), (v) or (viii), a statement informing the client and responsible relative of the relief available pursuant to subsection (b)(10);

 

8)         a statement that, more than 30 days after entry of an administrative paternity order, a party aggrieved by entry of the administrative paternity order may petition the Department for release from the order under the provisions of subsection (e); and

 

9)         in cases in which paternity is administratively determined in a contested hearing under subsection (c), a statement informing the client and responsible relative that the order is a final and binding administrative decision, and whether the order is reviewable only under the provisions of the Administrative Review Law [735 ILCS 5/Art. III]; and

 

10)        a statement that the Department shall send a copy of the administrative paternity order to the Department of Public Health (DPH), Office of Vital Records, and that DPH, Office of Vital Records, shall prepare a birth certificate in accordance with the paternity order.

 

e)         Petitions For Release – Extraordinary Remedies

 

1)         Notwithstanding the statements required by subsection (d), more than 30 days after entry of an administrative paternity order under subsection (b) or (c), a party aggrieved by entry of an administrative paternity order may petition the Department for release from the order.

 

2)         Petitions under this subsection (e) must:

 

A)        Cite a meritorious defense to entry of the order.

 

B)        Cite the exercise of due diligence in presenting that defense to the Department.

 

C)        Be filed no later than two years following the entry of the administrative paternity order, except that times listed below shall be excluded in computing the two years:

 

i)          time during which the person seeking relief is under legal disability;

 

ii)         time during which the person seeking relief is under duress; and

 

iii)        time during which the ground for relief is concealed from the person seeking relief.

 

D)        Be supported by affidavit or other appropriate showing as to matters not supported by the record.

 

3)         Notice of the filing of the petition must be given and a copy of the petition must be served on the other parent by certified mail, return receipt requested or by any manner provided by law for service of process.  The filing of a petition under this subsection (e) does not affect the validity of the administrative paternity order.

 

f)         When the paternity of a child has been administratively established under subsection (b) or (c), the Department shall enter an administrative support order under the process set forth in Section 160.60.

 

g)         In cases in which a final administrative determination of paternity is pending, but there is clear and convincing evidence of paternity based upon the results of genetic testing and upon motion of a party, the Department shall enter a temporary order for support in the manner provided for in Section 160.60.

 

h)         The Department shall notify the Department of Public Health of final administrative paternity determinations, voluntary acknowledgments of paternity, denials of paternity and rescissions of paternity.

 

i)          In cases in which a child's certificate of birth is on file in a state other than Illinois and any of the circumstances stated in this subsection occur, the Department shall forward to the other state a copy of the final administrative determination of paternity or the voluntary acknowledgment of paternity (and the presumed father's denial of paternity, if applicable) or the rescission of paternity:

 

1)         the Department enters a final administrative determination of paternity; or

 

2)         the paternity of a child is established by voluntary acknowledgment under Section 12 of the Vital Records Act; or

 

3)         the alleged father or the child's mother rescinds a voluntary acknowledgment of paternity under Section 12 of the Vital Records Act.

 

j)          Judicial Process.  The Department shall refer IV-D cases for judicial action to establish a child's paternity and a responsible relative's support obligation pursuant to the Illinois Parentage Act of 2015, the Revised Uniform Reciprocal Enforcement of Support Act [750 ILCS 20] or the Uniform Interstate Family Support Act [750 ILCS 22], as appropriate, in matters:

 

1)         involving contested paternity, except when the case is appropriate for referral to a Department hearing officer;

 

2)         when the child was not conceived in Illinois and the alleged father resides in a state other than Illinois;

 

3)         when the court has acquired jurisdiction previously; or

 

4)         when the results of genetic testing show that the alleged father is not excluded and the combined paternity index is less than 1000 to 1 and there is a 99.9% probability of paternity, except when the case is appropriate for referral to a Department hearing officer under subsection (c).

 

(Source:  Amended at 44 Ill. Reg. 6277, effective April 13, 2020)

 

Section 160.62  Cooperation with Paternity Establishment and Continued Eligibility Demonstration Program (Repealed)

 

(Source:  Repealed at 23 Ill. Reg. 14560, effective December 1, 1999)

 

Section 160.64  Compromise of Assigned Obligations

 

a)         For purposes of this Section, the following definitions shall apply:

 

1)         "Assigned obligation" means past due child support or interest accrued on past due child support, or both, assigned to the State under Section 10-1 of the Illinois Public Aid Code [305 ILCS 5/10-1].

 

2)         "Poverty line" means the level of income equal to the official poverty line determined by the federal Office of Management and Budget and revised annually in accordance with 42 USC 9902(2).

 

3)         "Gross monthly income" means the total of all monthly income from all sources, excluding child support and maintenance.

 

b)         The Department shall agree to compromise assigned obligations under the program when the responsible relative:

 

1)         has gross monthly income of no more than 250 percent of the poverty line;

 

2)         owes an assigned obligation totaling at least $500;

 

3)         has an unassigned current support obligation or owes unassigned past due child support, or both; and

 

4)         documents his or her inability to comply with the order for support during the period in which assigned obligations accrued by providing the Department with pay stubs, federal income tax returns, records of financial institutions, or other documents pertaining to that period.

 

c)         A compromise agreement shall provide:

 

1)         that the balance of the responsible relative's child support account will be reduced by the amount of the assigned obligation upon execution of the agreement;

 

2)         that the responsible relative:

 

A)        agrees to:

 

i)          pay any current child support obligation required under the order for support and specified periodic payments toward satisfaction of unassigned past due child support for a period of six months following account reduction; or

 

ii)         make a lump sum payment equal to six months of any such current child support obligation and unassigned past due child support payments; and

 

B)        agrees to make payments agreed upon as a result of a payment plan entered into with the Department; and

 

C)        agrees to accrue no further past due child support obligation during the six-month period following account reduction;

 

3)         that any current support and unassigned past due child support obligation shall continue to be enforceable in any manner provided for by law;

 

4)         that the responsible relative's failure to comply with the terms of the compromise agreement shall have the following effect:

 

A)        nullification of the agreement;

 

B)        reinstatement of the assigned obligation to the responsible relative's account; and

 

C)        prohibition of any future compromise agreement with the responsible relative.

 

d)         The Department will suspend a compromise agreement and refrain from reinstating the assigned obligation to the responsible relative's account if, during the six-month period after execution of the agreement, the responsible relative files a written request for suspension with the Department that includes documentation of the relative's inability to comply with the agreement because of involuntary loss of employment, temporary inability to work due to illness or injury, incarceration, or other justifiable reason.

 

e)         A suspension of a compromise agreement under subsection (d) of this Section shall have a maximum duration of one year during which period the responsible relative shall provide monthly reports to the Department on progress toward resolution of the reason for suspension of the agreement.

 

f)         Upon resumption of a compromise agreement suspended under subsection (d) of this Section, the required six-month compliance period for payment of any current child support obligation and unassigned past due support obligation shall commence anew.

 

g)         The Department shall reduce the amount of the unreimbursed assistance balance in a case by the amount of the assigned obligation compromised under this Section.

 

(Source:  Added at 31 Ill. Reg. 12771, effective August 27, 2007)

 

Section 160.65  Modification of Support Obligations

 

a)         Definitions

 

1)         "Order for support" means any court or administrative order establishing the level of child support due to a child from the responsible relative.

 

2)         "Income Withholding Notice" means the notice served on a payor, pursuant to entry of a court or administrative order for support, that directs the payor to withhold a part of a responsible relative's income for payment of child support.

 

3)         "Assignment of support" has the meaning set forth in Section 160.5.

 

4)         "Assignment of medical support" has the meaning set forth in Section 160.5.

 

5)         "Health insurance" means health insurance or health plan coverage for the dependent child for whom support is sought.

 

6)         "Review" means the CSS comparison of the responsible relative's current financial ability to the existing order for support, as described in subsection (f).

 

7)         "Quantitative Standard for Review" means the current financial ability of the responsible relative, as determined through modification review, is at least 20 percent above or below the existing order for support and the change is an amount equal to at least $10 a month.

 

b)         Review and Modification of Support Orders

 

1)         The Department, beginning October 13, 1993, shall review child support orders in Title IV-D cases at 36 month intervals after establishment, modification or the last review, whichever was the last to occur, unless:

 

A)        In a case in which there is an assignment of support or an assignment of medical support, the Department determines, in accordance with subsection (b)(3), that a review would not be in the best interests of the child and neither parent has requested a review; or

 

B)        In a case in which there is no assignment of support or assignment of medical support, neither parent has requested a review; or

 

C)        In a case in which there is an assignment of medical support but no assignment of support, the order for support requires health insurance for the child covered by the order and neither parent has requested a review.

 

2)         Prior to the expiration of the 36 month period:

 

A)        The Department, in a case in which there is an assignment of support or an assignment of medical support, shall review the order if:

 

i)          an order for withholding has been served on the responsible relative's payor, and payments have been received by the Department within the 90 days prior to selection for review; and

 

ii)         the order for support does not require the responsible relative to provide health insurance for the child covered by the order; and

 

iii)        the Department has not determined that a review would not be in the best interests of the child.

 

B)        In any case in which an administrative order for support has been entered, the Department shall review the order if either the custodial parent or the non-custodial parent files a sworn petition with the Department requesting review and modification of the administrative order for support either for the current support or, in the event that a current support obligation is no longer owed and only past due support remains, and the order requires periodic payments toward the past due support, the Department shall calculate the new support terms in accordance with the provisions of Section 160.60(c)(1), for support alleging:

 

i)          that the Quantitative Standard of Review has been met; or

 

ii)         that there has been a substantial change in circumstances since the entry of the last administrative order for support meriting modification of the existing order; or

 

iii)        both, unless the Department has determined that a review would not be in the best interests of the child.

 

C)        The Department may review any order for support, unless it has determined that a review would not be in the best interests of the child, whenever a change in financial circumstances of the responsible relative becomes known through representations of the relative or of the client or from independent sources, and the change would materially affect ability to support.

 

3)         The Department shall determine that a review of an order for support would not be in the best interests of the child if there has been a finding of good cause, and it has been determined that support enforcement may not proceed without risk of harm to the child or caretaker relative.

 

c)         Notice of the Right to Request a Review or File a Petition

 

1)         In each Title IV-D case, the Department shall provide notice not less than once every three years to each parent subject to an order for support in the case.  The notice may be included in the order and shall inform the parent of the right to request a review of the order or, as appropriate, to file a petition to modify an administrative order, where to request a review or file a petition, and the information that must accompany a request or petition.

 

2)         The Department shall use the broadcast or print media at least twice a calendar year to publicize the right to request a review as part of the child support enforcement program, and include notice of this right as part of the information on IV-D services contained in its brochures, pamphlets and other printed materials describing the program.

 

d)         Notice of Review

 

1)         The Department shall notify the client and responsible relative that a review will be conducted at least 30 days before commencement of the review.

 

2)         The notice of review shall:

 

A)        Require completion of a financial affidavit and return of the affidavit to the Department within 15 calendar days after the date the client or relative received the notice; and

 

B)        State that if, as a result of the review, action is taken to modify the order for support, the Department will order, or request the court to order, the responsible relative to provide health insurance.  However, in cases in which the client is not receiving medical assistance, the notice shall state that health insurance may be ordered or requested only with the client's consent, as provided in Section 160.60(c)(7).

 

e)         Information Gathering and Employer Contact

 

1)         The Department shall capture all available responsible relative financial information from existing federal and State sources (for example, Illinois Department of Employment Security) through electronic data searches on all IV-D cases.

 

2)         The Department may send a notice to the responsible relative's employer, in accordance with Section 10-3.1 of the Illinois Public Aid Code [305 ILCS 5/10-3.1].  The notice shall:

 

A)        require the disclosure of responsible relative employment information, including but not limited to:

 

i)          the period of employment;

 

ii)         the frequency of wage payments;

 

iii)        gross wages, net pay and all deductions taken in reaching net pay;

 

iv)        the number of dependent exemptions claimed by the responsible relative; and

 

v)         health insurance coverage available to the responsible relative through the employer.

 

B)        require employer compliance within 15 calendar days after the employer's receipt of the notice.

 

3)         If the responsible relative fails to return a completed financial affidavit within 15 calendar days after receipt of the notice of review, and the relative's employer is unknown, the Department may use available means for obtaining the relative's financial information, e.g., service of a subpoena upon the responsible relative.

 

f)         Review of the Order for Support

 

1)         The CSS shall review any financial information concerning the responsible relative.  When the responsible relative's information is not verified through an employer, wage stubs or income tax returns, the CSS shall seek other verification, e.g., subpoena of the responsible relative's income tax return.

 

2)         The CSS shall determine the responsible relative's current financial ability in accordance with the guidelines contained in Section 160.60(c).

 

3)         The CSS shall compare the responsible relative's current financial ability to the amount of the existing order for support and determine if the Quantitative Standard for Review has been met.

 

4)         The CSS shall determine if health insurance is being provided for the child under the order for support or whether the child's health care needs are being met through other means.  In no event shall the CSS consider a child's eligibility for, or receipt of, medical assistance to meet the need to provide for the child's health care needs.

 

g)         Notice of Review Results

The Department shall inform the client and responsible relative of the results of the review and provide a copy of the CSS calculation comparing the responsible relative's current financial ability to the amount of the existing order within 14 days after the review results are determined.  The client and responsible relative will be advised whether or not the Department will take action to modify the existing order for support and of the right to contest the determination.

 

1)         When the review indicates the Quantitative Standard for Review has not been met, the client and responsible relative, in both judicial and administrative cases, are advised as follows:

 

A)        The Department will not take action to modify the order for support.

 

B)        The Department will only take action to modify the order to require health insurance for the child covered by the order.

 

C)        Either parent may request a redetermination within 30 calendar days after the date of the notice by:

 

i)          signing and returning the request for a redetermination to the Department;

 

ii)         providing financial documentation or information concerning the child's health care needs not furnished previously, which will substantiate the request; and

 

iii)        in a case in which the Department has previously entered an administrative order for support, alleging on the request for redetermination that a substantial change in circumstances has occurred since the entry of the last support order meriting a modification of the support order.

 

2)         When the review indicates the Quantitative Standard for Review has been met, the client and responsible relative will be advised that:

 

A)        The Department will take action to modify the existing order for support in accordance with the review results.

 

B)        In cases involving the judicial process, each parent will be informed 30 calendar days in advance of the hearing date and will have the opportunity to contest the review results at that time.

 

3)         In cases in which an administrative order for support is entered in accordance with subsection (h) and in cases in which, after redetermination in accordance with subsection (h), the Department advises that it will take no action to modify an existing administrative order of support:

 

A)        The client and responsible relative will be advised that he or she has until 30 calendar days after the date of mailing of the administrative order for support or the notice of modification review redetermination results in which to request a de novo modification hearing in accordance with 89 Ill. Adm. Code 104.102. The client will be further advised that he or she may provide financial documentation or information concerning the child's health care needs not furnished previously that will substantiate the requested relief.

 

B)        When both the client and the responsible relative request a hearing, the two requests shall be merged and shall be disposed of simultaneously by the hearing proceeding.  The parties shall be advised of the right to present evidence at the hearing, including the client's right to provide financial documentation or information concerning the child's health care needs not furnished previously that will substantiate the requested relief.

 

C)        When the responsible relative requests a hearing and the client does not, the client shall again be advised of the right to present evidence at the hearing.

 

D)        When the client requests a hearing and the responsible relative does not, the responsible relative shall again be advised of the right to present evidence at the hearing.

 

4)         For purposes of calculating the 30 calendar day period in which to petition the Department for release from or modification of the administrative order for support or to request redetermination of the review results, the day immediately subsequent to the mailing of the order or determination shall be considered the first day and the day the request is received by the Department shall be considered as the last day.

 

5)         In de novo hearings provided for in subsection (g)(3) and 89 Ill. Adm. Code 104.102, the Department's hearing officer shall determine whether the Quantitative Standard for Review has been met. If the hearing officer determines that the Quantitative Standard has not been met, determine, in accordance with Section 510 of the Illinois Marriage and Dissolution of Marriage Act [750 ILCS 5/510] and the opinions of the Illinois Supreme Court or the Illinois Appellate Court construing Section 510, whether the party or parties requesting a de novo hearing have demonstrated the occurrence of a substantial change in circumstances since entry of the last administrative order for support warranting modification of that order.

 

6)         If the Department's hearing officer determines that the Quantitative Standard for Review has not been met and that the party or parties requesting the hearing have not demonstrated the occurrence of a substantial change in circumstances since entry of the last administrative order for support warranting modification of that order, the hearing officer will recommend entry of a final administrative decision finding that modification of the existing support order is not warranted and denying the request for entry of a new order.

 

7)         If the Department's hearing officer determines that the Quantitative Standard for Review has been met or that the party or parties requesting the hearing have demonstrated the occurrence of a substantial change in circumstances since entry of the last administrative order for support warranting modification of that order, the hearing officer will recommend entry of a final administrative decision resulting in entry of a new administrative order for support.  In recommending terms of the new administrative order, either for current support or, in the event a current support obligation is no longer owed and only past due support remains, periodic payments toward the past due support, the hearing officer shall calculate the new support terms in accordance with the provisions of Section 160.60(c)(2).

 

8)         After receipt of the hearing officer's recommendation as specified in subsections (g)(6) and (g)(7), the Department shall enter a final administrative decision that is reviewable in the Circuit Court only in accordance with the provisions of the Administrative Review law [735 ILCS 5/Art. III].

 

h)         Further Actions Taken by the Department

 

1)         The Department shall take the following action when the CSS has determined in accordance with subsection (f) that the Quantitative Standard for Review has been met or when the Quantitative Standard for Review has not been met, but there is a determination that the order for support needs to be modified to require provision of health insurance:

 

A)        In a case involving an order for support entered by the court, the CSS shall:

 

i)          prepare a petition to modify, and obtain or affix appropriate signature thereto;

 

ii)         refer the case for legal action to modify the order for support pursuant to Section 510 of the Illinois Marriage and Dissolution of Marriage Act; and

 

iii)        provide the client and responsible relative with the notice described in subsection (g)(2)(B).

 

B)        In a case involving an administrative order for support established under Section 160.60(d), or modified under this Section, the CSS shall enter an administrative order for support incorporating the results of the review and containing the information specified in Section 160.60(d)(5).  Any order for health insurance shall be entered in accordance with Section 160.60(c)(7).

 

i)          The CSS shall effect income withholding in accordance with Section 160.60(d)(6).

 

ii)         The CSS shall provide to the client and responsible relative copies of the administrative order for support, together with the notice described in subsection (g)(2)(C).

 

2)         If the Department receives a written request for a de novo modification hearing as described in subsection (g)(3) within 30 calendar days after the date of mailing of a modified administrative order for support or notice described in subsection (g)(3)(A), the Department will provide a hearing in accordance with 89 Ill. Adm. Code 104.102.  The 30 calendar day period shall be calculated in accordance with subsection (g)(4).

 

3)         Upon receipt of a request for a redetermination as set forth in subsection (g)(1) within 30 calendar days after the date of mailing of the notice, the Department shall conduct such redetermination. The 30 calendar day period shall be calculated in accordance with subsection (g)(3).

 

i)          Timeframes for Review and Modification

 

1)         In any case in which there is an assignment of support or an assignment of medical support, the Department shall determine within 15 calendar days after October 13, 1993, or the date the order is 36 months old, whichever is later, whether a review should be conducted as provided in subsection (b)(1).

 

2)         Subsequent determinations about whether to review an order for support in a case in which there is an assignment of support or an assignment of medical support shall be made by the Department in accordance with subsection (b)(1), at 36 month intervals based upon:

 

A)        the date the order for support was modified; or

 

B)        the date an order was entered determining that the order for support would not be modified; or

 

C)        the date the period expired for requesting redetermination of the Department's review decision not to seek modification of the order for support.

 

3)         Within 15 calendar days after receipt of a request for a review or sworn petition requesting review and modification of an administrative order for support, the Department shall determine whether a review should be conducted in accordance with subsection (b)(2).

 

4)         Within 180 calendar days after determining that a review should be conducted or locating the non-requesting parent, whichever occurs later, the Department shall:

 

A)        send the notice of review in accordance with subsection (d);

 

B)        conduct a review of the order in accordance with subsection (f);

 

C)        send the notice of review results in accordance with subsection (g); and

 

D)        conclude any action to modify the order for support.

 

j)          Interstate Review and Modification

 

1)         Initiating Cases

 

A)        In any case in which there is an assignment of support or an assignment of medical support, the Department shall determine, within 15 calendar days after October 13, 1993, or the date the order for support is 36 months old, whichever date occurs later, whether a review should be conducted, as required under subsection (b)(1), and whether the review should be conducted by the Department or another state.

 

B)        Subsequent determinations about whether to conduct a review shall be made in accordance with subsection (b)(1), at 36 month intervals based upon:

 

i)          the date the order for support was modified; or

 

ii)         the date an order was entered determining that the order for support would not be modified; or

 

iii)        the date the period expired for requesting redetermination of a review decision not to seek modification of the order for support.

 

C)        Within 15 calendar days after receipt of a sworn petition requesting review and modification of an administrative order for support or an intergovernmental request for a review, the Department shall determine whether a review should be conducted, as required under subsection (b)(1), and whether the review should be conducted by the Department or another state.

 

D)        Prior to the expiration of the 36 month period, the Department:

 

i)          shall review or request another state to review an order for support under the circumstances set forth in subsections (b)(2)(A) and (B); and

 

ii)         may review or request another state to review an order for support as provided in subsection (b)(2)(C).

 

E)        The Department shall determine in which state a review should be conducted after considering all relevant factors, including but not limited to:

 

i)          the location of existing orders;

 

ii)         the present residence of each party; and

 

iii)        whether a particular state has jurisdiction over the parties.

 

F)         In any case coming under the provisions of subsections (j)(1)(A), (B) and (C), in which the Department has determined to request a review of an order for support in another state, the Department shall:

 

i)          send a request for review to that state within 20 calendar days after receipt of sufficient information to conduct the review and provide that state with sufficient information on the requestor of review to act on the request; and

 

ii)         send to the parent in Illinois a copy of any notice issued by the responding state in connection with the review and modification of the order, within five working days after receipt of the notice by the Department.

 

2)         Responding Cases

 

A)        Within 15 calendar days after receipt of a request for a review of an order for support in Illinois as the responding state, the Department shall determine whether a review should be conducted in accordance with subsection (b)(1).

 

B)        Within 180 calendar days after determining that a review should be conducted or locating the non-requesting parent, whichever occurs later, the Department shall take the actions specified in subsection (i)(4).

 

k)         Consolidation of Administrative Orders

Notwithstanding any other provision of this Section, at any time the Department determines that a non-custodial parent subject to an administrative order for support is responsible for any child or children residing with the same custodian, other than the child for whom the administrative order for support imposes a support obligation, the Department may enter a new support order for the children subject to notice requirements and determination of financial ability to pay support set forth in Section 160.60.  Any order so entered shall be considered a prospective modification of any administrative order or orders for support previously entered by the Department with regard to the children covered by the new order subject to the same right of review as any other modified administrative order for support.

 

(Source:  Amended at 38 Ill. Reg. 4392, effective January 27, 2014)

 

Section 160.70  Enforcement of Support Orders

 

a)         Income Withholding

Whether using the administrative process (see Section 160.60(d)) or the judicial process (see Section 160.60(e)), the Department shall follow the procedures for withholding of income contained in Section 160.75 to enforce and collect past-due support owed by responsible relatives in IV-D cases, and it shall as promptly as possible distribute all amounts collected.  In addition to income as defined in Section 160.75, the Department shall proceed to collect support from the principal and income of trusts as provided by Section 2-1403 of the Code of Civil Procedure [735 ILCS 5/2-1403].

 

b)         Federal and State Income Tax Refunds and Other Payments

 

1)         The Department shall collect past-due support owed by responsible relatives in IV-D cases through intercept of federal and State income tax refunds and other federal and State payments (see Section 10.05a of the State Comptroller Act [15 ILCS 405/10.05a], Section 2505-650 of the Department of Revenue Law [20 ILCS 2505/2505-650] and the Debt Collection Improvement Act of 1996 (31 USC 3701 et seq.)) due the responsible relatives.

 

2)         The Department shall submit past-due support amounts to:

 

A)        the Department of Health and Human Services to intercept federal income tax refunds and other federal payments in accordance with federal instructions as follows:

 

i)          in IV-D TANF and IV-D foster care cases, past-due support owed for a child or for a child and the parent with whom the child is living in an amount not less than $150.  The Department may combine assigned support amounts from the same obligor in multiple cases to reach the minimum amount of $150 for TANF and Foster Care cases; however, amounts under this subsection (b)(2)(A)(i) may not be combined with amounts under subsection (b)(2)(A)(ii) to reach the minimum amounts required for submittal; and

 

ii)         in IV-D non-TANF cases, past-due support owed to or on behalf of a child, or a child and the parent with whom the child is living if the same support order includes support for the child and the parent, and the amount of past-due support is not less than $500.  The Department may combine non-assistance support amounts from the same obligor in multiple cases to reach the minimum amount of $500; however, amounts under this subsection (b)(2)(A)(ii) may not be combined with amounts under subsection (b)(2)(A)(i) to reach the minimum amounts required for submittal.

 

B)        the Illinois Department of Revenue to intercept State income tax refunds and the Comptroller to intercept other State payments as follows:

 

i)          in active IV-D cases, past-due support owed in an amount not less than one month's support obligation or $25, whichever is less;

 

ii)         in inactive IV-D TANF or IV-D foster care cases, past-due support owed in any amount; and

 

iii)        in cases in which the responsible relative who owes past-due support is receiving periodic payments from this State because of employment, disability, retirement or any other reason, the Department shall, upon obtaining knowledge of those circumstances, refund any amounts inadvertently intercepted to the responsible relative and proceed to collect past-due support pursuant to the income withholding provisions of the support statutes.

 

3)         The Department shall provide the responsible relative with a notice prior to submitting a past-due support amount for intercept, which advance notice shall inform the responsible relative of the following:

 

A)        the IV-D case name and identification number;

 

B)         the past-due support amount that will be submitted for intercept, and that any additional past-due support that accumulates will be subject to collection by the Department without further notice;

 

C)        the right to contest the determination that past-due support is owed or the amount of past-due support by requesting:

 

i)          a redetermination by the Department; or

 

ii)         after the redetermination, an administrative review by any other state in which the support order was issued upon which the referral for federal income tax refund intercept or other federal payment offset is based, at the request of the responsible relative; and

 

D)        that the Internal Revenue Service or Financial Management Service will notify the responsible relative's spouse at the time of intercept regarding the steps to take to protect the share of the refund that may be payable to that spouse, in the case of a joint federal income tax return.

 

4)         A request for a redetermination made within 15 days from the date of mailing of the advance notice shall stay the Department from submitting the past-due amount.

 

5)         No later than 120 days after the date the redetermination was requested, the Department shall provide the responsible relative with a notice of the results of the redetermination and of the right to contest those results by requesting:

 

A)        a hearing by the Department within 15 days after the date of mailing of the notice; or

 

B)        an administrative review by any other state in which the support order was issued upon which the referral for federal income tax refund intercept or other federal payment offset is based.

 

6)         If a responsible relative requests administrative review by the state in which the support order was issued upon which the referral for federal income tax refund intercept or other federal payment offset is based, the Department shall notify the state with the order of the request and shall provide that state with all necessary information within ten days after the responsible relative's request.  The Department shall be bound by the decision of the state with the order.

 

7)         The Department shall proceed in accordance with 89 Ill. Adm. Code 104.103 upon receipt of a request for a hearing.

 

8)         The Department shall notify:

 

A)        any other state enforcing the support order when the request for intercept is submitted and when the intercept amount is received;

 

B)        the U.S. Department of Health and Human Services of any deletion of an amount submitted for federal income tax refund intercept or other federal payment offset, in accordance with federal instructions;

 

C)        the Illinois Department of Revenue of any deletion of an amount submitted for State income tax refund and the Comptroller for other payment intercept or any significant decrease in the amount; and

 

D)        the Clerk of Circuit Court of the county in which the child support order was entered of any amount intercepted for posting to the court payment record.

 

9)         The Department shall:

 

A)        as promptly as possible refund to the responsible relative any amount intercepted found to exceed the amount of past-due support owed; and

 

B)        equitably apportion joint State income tax refunds and other State payments based upon copies of federal and State income tax returns, including all schedules and attachments, or other evidence of ownership, the equitable apportionment to be based on the documented proportionate net income of the parties, and pay to the joint payee that portion of the amount intercepted found to be his or hers; except that the Comptroller shall apportion refunds and payments in matters in which the intercepted funds have not yet been transferred to the Department.

 

10)         The Department shall, as promptly as possible, apply collections it receives as a result of intercept under this subsection (b) as follows:

 

A)        federal income tax refunds first to satisfy any IV-D TANF or IV-D foster care assigned past-due support, and then to satisfy any IV-D non-TANF past-due support; and

 

B)        other federal and State payments in accord with distribution provisions in Subpart F.

 

11)         The Department shall inform individuals who receive IV-D non-TANF support enforcement services, in advance, of the following:

 

A)        amounts intercepted under this subsection (b) will be applied in accordance with Section 160.130;

 

B)        any payment received by the IV-D non-TANF individual as a result of federal income tax refund intercept may have to be returned to the Department within six years following the end of the tax year if there is an adjustment necessitated by the responsible relative's spouse filing an amended tax return in order to receive his or her share of a joint tax refund.

 

c)         Unemployment Insurance Benefits

 

1)         The Department shall collect support owed by responsible relatives in IV‑D cases through intercept of unemployment insurance benefits in matters in which the relative has accumulated a past-due support amount equal to a one-month support obligation.

 

2)         The Department shall take the following action:

 

A)        ascertain that the responsible relative qualifies for receipt of unemployment insurance benefits through access to the Department of Employment Security's (DES) computer file.

 

B)        collect child support owed through the intercept of unemployment insurance benefits by initiating procedures for income withholding in accordance with Section 160.75.

 

C)        establish the amount to be deducted by data entry to the DES computer file, which amount shall be the lesser of:

 

i)          the amount of the income withholding order; or

 

ii)         fifty percent of the Unemployment Insurance Benefit.

 

D)        receive amounts deducted direct from DES.

 

E)        notify the Clerk of the Circuit Court of the county in which the child support order is registered of each collection for posting to the court payment record.

 

F)         post each collection to the Department's payment record.

 

G)        apply each collection to the current support obligation, then to past-due obligations.

 

H)        provide a redetermination within 180 days after the date of request for redetermination to each relative who disputes the deduction and, where indicated, make adjustments and refund improperly deducted amounts.

 

3)         The Department of Employment Security shall take the following action:

 

A)        provide notice to the responsible relative and an opportunity to be heard, when the Department cannot resolve the dispute.

 

B)        pay all amounts deducted direct to the Department.

 

d)         Contempt of Court and Other Legal Proceedings

 

1)         The Department shall refer IV-D cases to its legal representatives to initiate contempt of court and other legal proceedings, pursuant to the applicable provisions of the support statutes, for enforcement of orders for support in matters wherein the responsible relative has accumulated a past‑due support amount equal to not less than a one-month support obligation, except as set forth in subsection (d)(2).

 

2)         Contempt proceedings shall not be used in the following instances:

 

A)        the responsible relative has no known available income or assets from which to satisfy the support obligation and is:

 

i)          receiving public assistance;

 

ii)         mentally or physically disabled;

 

iii)        incarcerated;

 

iv)        out-of-the-country;

 

v)         deceased; or

 

vi)        otherwise situated, making action to obtain support payment unproductive.

 

B)        other legal or administrative remedies are more appropriate under the circumstances.

 

3)         Contempt and other legal proceedings shall be used to:

 

A)        establish the amount of past-due support;

 

B)        obtain a judgment for purposes of:

 

i)          imposition of a lien against real estate;

 

ii)         levy upon real estate and personal property; or

 

iii)        registration in another state;

 

C)        secure an order for lump sum or periodic payment of the past-due support or judgment;

 

D)        require the responsible relative to post security, bond or give some other guarantee of a character and amount sufficient to assure payment of any amount due under the support order;

 

E)        obtain full or partial payment of past-due support through incarceration;

 

F)         ascertain the responsible relative's source and amount of income or location and value of assets;

 

G)        void a transfer of property fraudulently made to avoid payment of child support in accordance with the Uniform Fraudulent Transfer Act [740 ILCS 160] or obtain a settlement in the best interest of the child support creditor;

 

H)        secure other enforcement relief; and

 

I)         combine any of the actions authorized by this subsection (d)(3).

 

4)         During the course of contempt or other legal proceedings to enforce support, if it appears that there is no net income because of the unemployment of a responsible relative, who resides in Illinois and is not receiving General Assistance in the City of Chicago and has children receiving TANF in Illinois, the Department shall request the court to order the relative to report for participation in job search, training or work programs established for responsible relatives under Section 9-6 of the Illinois Public Aid Code [305 ILCS 5/9-6].

 

5)         In TANF cases, the Department shall request the court to order payment of past-due support pursuant to a plan and, if the responsible relative is unemployed, subject to a payment plan and not incapacitated, that the relative participate in job search, training and work programs established under Section 9-6 and Article IXA of the Illinois Public Aid Code.

 

e)         Liens Against Real Estate and Personal Property – Judicial Enforcement of Order for Support

 

1)         The Department shall seek judgment liens against real estate and enforce judgments upon the real estate and personal property of responsible relatives, in IV-D cases in which a referral has been made to initiate court enforcement of an order for support, in accordance with Article XII of the Code of Civil Procedure [735 ILCS 5/Art. XII].

 

2)         A petition for a rule to show cause or other petition filed by a Department legal representative to enforce an order for support shall contain a prayer that judgment be entered against the responsible relative in the amount of the past-due support alleged in the petition, when both of the following circumstances exist:

 

A)        the past-due amount is at least $3,500; and

 

B)        the responsible relative has an interest in real estate or personal property against which the judgment may be enforced.

 

3)         Upon obtaining a judgment, Department legal representatives shall secure liens against the real estate of responsible relatives by filing a transcript, certified copy or memorandum of judgment in the county where the real estate is located, in accordance with law (see Article XII of the Code of Civil Procedure).

 

4)         A judgment shall be enforced by levy upon the real estate and personal property of the responsible relative in accordance with law (see Article XII of the Code of Civil Procedure) when the relative has a known equity that is not less than $3,500 in excess of any statutory exemption.

 

f)         Liens Against Real Estate and Personal Property – Administrative Enforcement of Order for Support and Fines Against a Payor of Income Who Willfully Fails to Withhold or Pay Over Income Pursuant to a Properly Served Income Withholding Notice or Otherwise Fails to Comply with any Duties Imposed by the Income Withholding for Support Act [750 ILCS 28]

 

1)         Liens Against Real Estate

 

A)        The Department shall impose liens against real estate of responsible relatives in IV-D cases in accordance with Article X of the Illinois Public Aid Code when both of the following circumstances exist:

 

i)          the amount of past-due support is at least $3,500; and

 

ii)         the responsible relative has an interest in real estate against which a lien may be claimed.

 

B)        The State shall impose liens on all legal and equitable interests of a payor of income (payor), as that term is defined in the Income Withholding for Support Act, in the payor's real property in the amount of any fine imposed by the Department pursuant to the Income Withholding for Support Act.

 

C)        The Department shall prepare a Notice of Lien or Levy that shall be provided to the responsible relative or payor and recorded or filed with the Recorder or Registrar of Titles of the county in which the real estate of the responsible relative or payor is located.  The notice shall inform the responsible relative or payor and the Recorder or Registrar of Titles of the following:

 

i)          the name and address of the responsible relative or payor;

 

ii)         a legal description of the real estate to be levied;

 

iii)        the amount of past-due support to be satisfied by the levy;

 

iv)        the fact that a lien is being claimed for past-due child support owed by the responsible relative or for the fine imposed on a payor pursuant to the Income Withholding of Support Act; and

 

v)         the right to prevent action against the real property by payment of the past-due support amount in full or by payment of the fine imposed on the payor in full, to contest the determination that past-due support is owed, or to contest the amount of past-due support or the fine imposed on the payor, by requesting a hearing by the Department.

 

D)        A written request for hearing made within 15 days after the date of mailing the Notice of Lien or Levy shall stay the Department from taking action against the real property, although the lien shall remain in effect during the pendency of any protest or appeal taken pursuant to this subsection (f).

 

E)        The Department shall proceed in accordance with 89 Ill. Adm. Code 104.103 upon receipt of the written request for hearing, except that 89 Ill. Adm. Code 104.103(b) and (c) shall not apply.

 

F)         The Department shall notify the Clerk of the Court of the county in which the child support order was entered of any amount collected for posting to the court payment record.

 

G)        The lien shall be enforced against the real estate in accordance with Article X of the Illinois Public Aid Code and Article XII of the Code of Civil Procedure when the responsible relative or the payor has a known equity in the real estate that is not less than $3,500 in excess of any statutory exemption.

 

2)         Liens Against Personal Property

 

A)        The Department shall impose liens against personal property of responsible relatives in IV-D cases in accordance with Article X of the Illinois Public Aid Code when the following circumstances exist:

 

i)          the amount of past-due support is at least $1,000;

 

ii)         the responsible relative has an interest in personal property against which a lien may be claimed; and

 

iii)        if the personal property to be levied is an account as defined in Section 10-24 of the Illinois Public Aid Code [305 ILCS 5/10-24], the account is valued in the amount of at least $300.

 

B)        The State shall impose liens on all legal and equitable interests of a payor, as that term is defined in the Income Withholding for Support Act, in the payor's real property in the amount of any fine imposed by the Department pursuant to the Income Withholding for Support Act.

 

C)        The Department shall prepare a Notice of Lien or Levy that shall be provided to the responsible relative or payor, any joint owner of whom the Department has knowledge and location information, the financial institution in which an account of the responsible relative or payor is located, the sheriff of the county in which goods or chattels of the responsible relative or payor are located, or any person or entity indebted to or holding personal property of the responsible relative or payor or who may be liable for payment of money in connection with a claim or cause of action of the responsible relative or payor.  The notice shall contain the following:

 

i)          the name and address of the responsible relative or payor;

 

ii)         a description of the account or personal property to be levied;

 

iii)        the amount of past-due support or the amount of the fine imposed on the payor to be satisfied by the levy;

 

iv)        the fact that a lien is being claimed for past-due child support owed by the responsible relative of the fine imposed on the payor;

 

v)         the right of the responsible relative or payor to prevent levy upon the personal property, including accounts, by payment of the past-due support amount in full or by payment of the fine imposed on a payor in full, by contesting the determination that past-due support is owed, or to contest the amount of past-due support or the fine imposed on the payor, by requesting a hearing within 15 days after the date of mailing of the Notice of Lien or Levy; and

 

vi)        the right of a joint owner to prevent levy upon his or her share of the account or other personal property or to seek a refund of his or her share of the account or other personal property already levied, by requesting, within 15 days after the date of mailing of the Notice of Lien or Levy to the joint owner, a hearing by the Department to determine his or her share of the account or other personal property.  A joint owner who is not provided with a Notice of Lien or Levy by the Department may request a hearing by the Department within 45 days after the date of levy of the account or other personal property.

 

D)        In addition to the information to be included in the Notice of Lien or Levy under subsection (f)(2)(B), the Notice of Lien or Levy provided to a financial institution shall:

 

i)          state that the lien is subordinate to any prior lien or prior right of set-off that the financial institution may have against the assets, or in the case of an insurance company or benefit association only in the accounts as defined in Section 10-24 of the Illinois Public Aid Code;

 

ii)         state that upon being served with the Notice of Lien or Levy that the financial institution shall encumber the assets in the account, and surrender and remit those assets within five days after being served with a Notice to Surrender Assets by the Department;

 

iii)        state that the financial institution may charge the responsible relative's or payor's account a fee of up to $50, and that the amount of any fee be deducted from the account before remitting any assets from the account to the Department;

 

iv)        include a form, Response to Notice of Lien or Levy, to be completed by the financial institution and returned to the Department within 30 days after receipt of the Notice of Lien or Levy; and

 

v)         include the federal Notice of Right to Garnish Federal Benefits stating that procedures established under 31 CFR 212 for identifying and protecting federal benefits deposited to accounts at financial institutions do not apply to the Notice of Lien or Levy issued by the Department.

 

E)        The form for the response to Notice of Lien or Levy provided for under subsection (f)(2)(C)(iv) of this Section shall include provisions for the financial institution to complete stating:

 

i)          the amount of assets in the responsible relative's or payor's account;

 

ii)         the amount of the fee to be deducted from the account;

 

iii)        the amount of assets in the account subject to a prior lien or prior right of set-off of the financial institution;

 

iv)        the name and address of any joint owners of the account; and

 

v)         the amount of assets surrendered and remitted to the Department.

 

F)         A written request for a hearing made within 15 days after the date of mailing the Notice of Lien or Levy shall stay the Department from levying upon the personal property, although the lien shall remain in effect during the pendency of any appeal taken pursuant to this subsection (f).

 

G)        The Department shall proceed in accordance with 89 Ill. Adm. Code 104.103 upon receipt of the responsible relative's or payor's written request for hearing, except that 89 Ill. Adm. Code 104.103(b) and (c) shall not apply.

 

H)        The Department shall proceed in accordance with 89 Ill. Adm. Code 104.110 upon receipt of a joint owner's written request for a hearing.

 

I)         The Department, upon determining a joint owner's share of the personal property or account, shall release the lien against the personal property or account to the extent of the joint owner's share.  If the Department's determination of the joint owner's share occurs after the personal property or account has been levied, the Department shall refund the joint owner's share of the personal property or account.

 

J)         The Department shall notify the Clerk of the Court of the county in which the child support order was entered of any amount collected for posting to the court payment record.

 

K)        Information obtained from financial institutions as to the location of personal property, including accounts, of responsible relatives or payors shall be subject to all State and federal confidentiality laws and regulations.  Following data exchange with financial institutions to locate personal property of responsible relatives, the Department shall return to financial institutions data that does not relate to a responsible relative whose personal property may be subject to lien or levy under this subsection (f).

 

g)         Security, Bond or Other Guarantee of Payment

 

1)         Except as provided in subsections (g)(2) and (3), the Department shall require, or through its legal representative shall request the court to require, a responsible relative to post security or bond, or give some other guarantee of a character and amount sufficient to assure payment of any amount due under a support order in IV-D cases, pursuant to Section 10‑17.4 of the Illinois Public Aid Code.

 

2)         In cases in which the support obligation is established through the administrative process contained in Section 160.60, the notice of support obligation provided to the responsible relative shall indicate that the Department may require the relative to post security or bond, or give some other guarantee of payment.  Except when the responsible relative is subject to income withholding, the administrative support order shall contain this requirement in an amount equal to a one year support obligation.

 

3)         In acting upon a referral to establish a support obligation or to enforce an existing order for support, Department legal representatives shall include in the complaint or petition a request for an order requiring the responsible relative to post security or bond, or give some other guarantee of payment equal to a one year support obligation, unless the relative is subject to the income withholding provisions of the support statutes.

 

h)         Past-Due Supp ort Information to Consumer Reporting Agencies

 

1)         The Department shall report the following information concerning responsible relatives in IV-D cases to consumer reporting agencies when the amount of past-due support is or exceeds that required for intercepting federal income tax refunds as provided in subsection (b)(2)(A):

 

A)        the name, last known address and Social Security Number of the responsible relative; and

 

B)        the terms and amount of past-due support that has accumulated under the order for support.

 

2)         The Department shall provide the responsible relative with a notice at least 15 days prior to furnishing past-due support information to consumer reporting agencies that shall inform the relative of the following:

 

A)       the IV-D case name and identification number;

 

B)        the past-due support amount that will be reported;

 

C)        the date past-due support will be reported; and

 

D)        the right to prevent reporting by payment of the past-due support amount in full or to contest the determination that past-due support is owed or the amount of past-due support by requesting a redetermination by the Department.

 

3)         The Department shall provide the responsible relative with notice of the results of the redetermination and the right to prevent reporting by payment in full of the past-due support found to be owed or to contest the results of the redetermination by requesting a hearing within 15 days after the date of mailing of the notice.

 

4)         The Department shall proceed in accordance with 89 Ill. Adm. Code 104.103 upon receipt of a request for a hearing.

 

5)         The Department shall be stayed from providing information to consumer reporting agencies by either of the following:

 

A)        a request for:

 

i)          a redetermination; or

 

ii)         a hearing contesting the determination that past-due support is owed or the amount of past-due support; or

 

B)        payment in full of the amount of the past-due support stated in the:

 

i)          advance notice; or

 

ii)         notice of redetermination or hearing results.

 

6)         The Department shall advise consumer reporting agencies of changes in the amount of past-due support found to be owed as a result of a redetermination or hearing conducted after report to those agencies.

 

i)          High-Volume Automated Administrative Enforcement in Interstate Cases

 

1)         The Department shall use high-volume automated administrative enforcement, to the same extent as used for intrastate cases, in response to a request of another state to enforce support orders, and shall promptly report the results of the enforcement activity to the requesting state.

 

2)         High-volume automated administrative enforcement means that, upon a request of another state, the Department shall identify, through automated data matches with financial institutions and other entities, where assets may be found of persons who owe child support in other states and shall seize those assets through levy or other appropriate processes.

 

3)         The Department may, by electronic or other means, transmit to another state a request for assistance in a case involving the enforcement of a support order.  The request shall:

 

A)        Include information that will enable the state to which the request is transmitted to compare the information about the case to the information in the databases of that state.

 

B)        Constitute a certification by the Department of the amount of support owed and that the Department has complied with all procedural due process requirements applicable to each case.

 

4)         If the Department provides assistance to another state pursuant to this Section with respect to a case, neither state shall consider the case to be transferred to the caseload of the other state.

 

5)         The Department shall maintain records of:

 

A)        The number of requests for assistance received by the Department.

 

B)        The number of cases for which the Department collected support in response to a request and the actual amount of support collected.

 

j)          Past-Due Support Certified to the Illinois Department of Revenue, to Municipalities or to the IV-D Agency of Another State for Administrative Enforcement in the Other State

 

1)         The Department may collect past-due support owed by responsible relatives in IV-D cases through certification of the account balance to the Illinois Department of Revenue for collection (see Section 10-17.9 of the Illinois Public Aid Code), to municipalities with ordinances to immobilize and impound vehicles for non-payment of child support (see Section 10‑17.3 of the Illinois Public Aid Code, or to another state's IV-D agency for administrative enforcement when the responsible relative has property in the other state.

 

2)         The Department may certify past-due support amounts to the Illinois Department of Revenue, to municipalities or to the IV-D agency of another state for administrative enforcement in the other state when the following conditions exist:

 

A)        past-due support is owed for a child or for a child and the parent with whom the child is living;

 

B)        the responsible relative has made no payment directly or through income withholding within 30 days prior to the date of the advance notice under subsection (j)(3);

 

C)        as of the date of certification, the responsible relative does not have a bankruptcy case pending; and

 

D)        the responsible relative is not deceased.

 

3)         The Department shall provide the responsible relative with a notice prior to certifying the balance to the Illinois Department of Revenue, to municipalities or to the IV-D agency of another state for administrative enforcement in the other state that shall inform the responsible relative of the following:

 

A)        the IV-D case name and identification number;

 

B)        the past-due support amount that will be submitted for collection;

 

C)        the right to contest the determination that past-due support is owed or the amount of past-due support by making a written request for a redetermination by the Department; and

 

D)        that the responsible relative may avoid certification by establishing a satisfactory repayment plan as determined by the Department.

 

4)         Factors for a satisfactory repayment plan will include, but are not limited to:

 

A)        the amount of past-due support owed;

 

B)        the amount to be paid toward the past-due amount;

 

C)        the amount of current child support obligations; and

 

D)        the individual's ability to pay.

 

5)         The Department shall provide the Illinois Department of Revenue, municipalities or the IV-D agency of another state for administrative enforcement in the other state the following descriptive information on the responsible relative:

 

A)        name;

 

B)        Social Security Number;

 

C)        IV-D identification number; and

 

D)        the past-due support amount.

 

6)         A written request for redetermination made within 15 days after the date of mailing the advance notice shall stay the Department from certifying the balance to the Illinois Department of Revenue, to municipalities or to the IV-D agency of another state for administrative enforcement in the other state.

 

7)         No later than 120 days after the date the redetermination was requested, the Department shall provide the responsible relative with a notice of the results of the redetermination and of the right to contest those results by making a written request for a hearing by the Department within 15 days after the date of mailing of the notice.

 

8)         A written request for hearing made within 15 days after the date of mailing the notice of results of redetermination shall stay the Department from certifying the balance to the Illinois Department of Revenue, to municipalities or to the IV-D agency of another state for administrative enforcement in the other state, if certifying the balance had been stayed pursuant to subsection (j)(6).

 

9)         The Department shall proceed in accordance with 89 Ill. Adm. Code 104.103 upon receipt of a written request for hearing, except that Section 104.103(b) and (c) shall not apply.

 

10)         The Department shall notify the Clerk of the Court of the county in which the child support order was entered of any amount collected for posting to the court payment record.

 

11)         The Department shall:

 

A)        apply any overpayment by the responsible relative pursuant to the certification for collection as a credit against future support obligation; or

 

B)        if the current support obligation of the responsible relative has terminated by operation of law or court order, as promptly as possible refund to the responsible relative any overpayment, pursuant to certification for collection, that is still in the possession of the Department.

 

k)         Past-Due Support Information to the Secretary of Health and Human Services for Denial of Passports

 

1)         The Department shall report the following information concerning responsible relatives in IV-D cases to the Secretary of Health and Human Services for denial of passports when the amount of past-due support exceeds $2,500:

 

A)        the name, last known address and Social Security Number of the responsible relative; and

 

B)        the terms and amount of past-due support that has accumulated under the order for support.

 

2)         The Department shall provide the responsible relative with a notice at least 15 days prior to certifying past-due support to the Secretary of Health and Human Services that shall inform the relative of the following:

 

A)        the IV-D case name and identification number;

 

B)        the past-due support amount that will be certified;

 

C)        the date past-due support will be certified; and

 

D)        the right to prevent certification by payment of the past-due support amount in full or to contest the determination that past-due support is owed or the amount of past-due support by requesting a redetermination by the Department.

 

3)         The Department shall provide the responsible relative with notice of the results of the redetermination and the right to prevent certification by payment in full of the past-due support found to be owed or to contest the results of the redetermination by requesting a hearing within 15 days after the date of mailing of the notice.

 

4)         The Department shall proceed in accordance with 89 Ill. Adm. Code 104.103 upon receipt of a request for a hearing.

 

5)         The Department shall be stayed from providing information to the Secretary of Health and Human Services by either of the following:

 

A)        a request for:

 

i)          a redetermination; or

 

ii)         a hearing contesting the determination that past-due support is owed or the amount of past-due support; or

 

B)        payment in full of the amount of the past-due support stated in the:

 

i)          advance notice; or

 

ii)         notice of redetermination or hearing results.

 

6)         The Department shall advise the Secretary of Health and Human Services of changes in the amount of past-due support found to be owed as a result of a redetermination or hearing conducted after report to HHS, the U.S. State Department or other agencies.

 

l)          List of Responsible Relatives

 

1)         Any list of responsible relatives owing past-due support to be disclosed pursuant to Section 12-12.1 of the Illinois Public Aid Code shall be developed as required by this subsection (l).

 

2)         The list shall include no more than 200 responsible relatives at any given time, shall include only responsible relatives owing $5,000 or more in past-due support accumulated under Illinois court or administrative support orders, and shall include, but is not limited to, the following information about each responsible relative:

 

A)        the name of the responsible relative;

 

B)        the responsible relative's last known address; and

 

C)        the amount of past-due support as of a given date, expressed within a range (for example, $50,000-$100,000), that has accumulated under the support order.

 

3)         The Department shall make the list available for public inspection at its offices or by other means of publication, including the Internet.

 

4)         The Department shall send an advance notice by certified mail to the responsible relative at his or her last known address at least 90 days prior to publishing past-due support information.  The advance notice shall inform the responsible relative of the following:

 

A)        the IV-D case name and identification number;

 

B)        the past-due support amount as of a given date;

 

C)        the earliest date by which past-due support information will be published;

 

D)        the right to contest the determination that past-due support is owed or the amount of past-due support by submitting a written request to the Department for a hearing within 15 days after the date of mailing of the advance notice; and

 

E)        that within 60 days from the date of delivery or refusal of the advance notice, the responsible relative may avoid publication of the past-due support information by paying the past-due support in full, or by establishing and complying with a satisfactory payment plan as determined by the Department.

 

5)         Factors for a satisfactory payment plan will include, but are not limited to:

 

A)        the amount of past-due support owed;

 

B)        the amount to be paid toward the past-due support;

 

C)        the amount of the current support obligations; and

 

D)        the responsible relative's ability to pay.

 

6)         The Department shall proceed in accordance with 89 Ill. Adm. Code 104.101 and 104.103 upon receipt of a request for a hearing.

 

7)         The Department shall be stayed from publishing past-due support information regarding the responsible relative by any of the following:

 

A)        a timely written request for hearing from the responsible relative regarding the existence or amount of past-due support stated in the advance notice; or

 

B)        as of the date of publishing, a pending judicial review of a final administrative decision of the Department issued pursuant to this subsection (l)(7).

 

m)        Certification to the Illinois Secretary of State for Driver's License Suspension

 

1)         The Department shall issue a Notice of Intent to Request Suspension of an Illinois Driver's License to a responsible relative in accordance with Section 10-17.6 of the Illinois Public Aid Code and Section 7-702 of the Illinois Vehicle Code [625 ILCS 5/7-702], when the following circumstances exist:

 

A)        the amount of past-due support is at least $2500, and the responsible relative has not made a voluntary payment of support in the last 90 days; or

 

B)        the responsible relative has failed to comply with a subpoena or warrant in a paternity or child support proceeding.

 

2)         The Notice of Intent to Request Suspension of an Illinois Driver's License shall contain the following:

 

A)        the IV-D case name and identification number;

 

B)        the past-due support amount and the amount of interest that will be certified;

 

C)        the date of issuance of any subpoena or warrant in a paternity or child support proceeding with which the responsible relative has failed to comply;

 

D)        the right of the responsible relative to prevent certification to the Secretary of State for driver's license suspension by payment of the past-due support amount and interest in full or by entering into a payment plan satisfactory to the Department or to contest the amount of past-due support and interest that is owed by requesting a hearing by the Department within 15 days after the date of mailing by the Department; and

 

E)        the right of the responsible relative to prevent certification to the Secretary of State for failure to comply with a subpoena or warrant in a paternity or child support proceeding by complying with the subpoena or warrant or to contest the determination of the failure to comply with the subpoena or warrant by requesting a hearing by the Department within 15 days after the date of mailing by the Department.

 

3)         Factors for an acceptable payment plan will include, but are not limited to:

 

A)        the amount of past-due support and interest owed;

 

B)        the amount of current child support ordered to be paid; and

 

C)        the responsible relative's ability to pay.

 

4)         The responsible relative's commencement of periodic payments on the past-due support amount owed in compliance with a court or administrative order entered prior to the date of the Notice of Intent to Request Suspension of an Illinois driver's license shall be deemed by the Department to be a satisfactory payment plan.

 

5)         A written request for hearing made within 15 days after the date of mailing of the Notice of Intent to Request Suspension of an Illinois Driver's License shall stay the Department from certifying past-due support and interest, or failure to comply with a subpoena or warrant, to the Secretary of State.

 

6)         The Department shall proceed in accordance with 89 Ill. Adm. Code 104.103 upon receipt of a written request for hearing, except that 89 Ill. Adm. Code 104.103(b) and (c) shall not apply.

 

7)         Following certification to the Secretary of State for driver's license suspension and upon request of the responsible relative, the Department shall direct the Secretary of State to issue a family financial responsibility driving permit in accordance with Section 10-17.6(b) of the Illinois Public Aid Code and Section 7-702.1(b) of the Illinois Vehicle Code, when the following circumstances exist requiring the responsible relative to operate a motor vehicle:

 

A)        between the responsible relative's residence and place of employment, or within the scope of employment related duties, as verified by the employer in writing; or

 

B)        for the purpose of providing transportation for the responsible relative or a household member to receive alcohol treatment, other drug treatment, or medical care as verified in writing by the treatment center or physician that includes the duration of treatment; or

 

C)        for the purpose of the unemployed responsible relative seeking employment.

 

8)         When directing the issuance of a family financial responsibility driving permit for the purpose of seeking employment under subsection (m)(7)(C), the Department shall require that:

 

A)        the permit be limited to Monday through Friday between the hours of 8:00 a.m. and 12:00 p.m. (noon) unless the responsible relative provides written documentation showing that to so limit the hours of the permit would have an adverse effect on the responsible relative's ability to seek employment; and

 

B)        the responsible relative provides to the Department a job search diary every 30 days showing contact with no fewer than 10 potential employers during a 30 day period.

 

9)         The maximum duration of a family financial responsibility driving permit shall be one year from the date of issuance by the Secretary of State, with the ability of the responsible relative to request issuance of a new permit after the initial permit has expired.

 

10)         The Department may direct the issuance of a family financial responsibility driving permit to the responsible relative only if no alternative means of transportation is reasonably available for the purposes stated in this subsection (m).

 

11)         The Department shall direct the Secretary of State to cancel the family financial responsibility driving permit in the event the responsible relative violates the conditions of its issuance.

 

12)         Any responsible relative aggrieved by the Department's determination on a request for issuance of a family financial responsibility driving permit may file a written request for hearing within 15 days after the date of mailing of the results of the determination to the responsible relative.  The Department shall proceed in accordance with 89 Ill. Adm. Code 104.106 upon receipt of a request for hearing.

 

n)         Certifying Past-Due Support or Failure to Comply with a Subpoena or Warrant to State Professional, Occupational or Recreational Licensing Agencies

 

1)         The Department shall issue a Notice of Intent to Request Revocation, Suspension or Denial of a Professional, Occupational or Recreational License to a responsible relative when the following circumstances exist:

 

A)        the amount of past-due support is at least $1,000, and the responsible relative has not made a voluntary payment of support in the last 90 days; or

 

B)        the responsible relative has failed to comply with a subpoena or warrant in a paternity or child support proceeding.

 

2)         The Notice of Intent to Request Revocation, Suspension or Denial of a Professional, Occupational or Recreational License shall inform the responsible relative of the following:

 

A)        the IV-D case name and identification number;

 

B)        the past-due support amount and the amount of interest that will be certified;

 

C)        the date of issuance of any subpoena or warrant in a paternity or child support proceeding with which the responsible relative has failed to comply;

 

D)        the right of the responsible relative to prevent certification to the licensing agency by payment of the past-due support amount and interest in full or by entering into a payment plan satisfactory to the Department, or to contest the amount of past-due support and interest owed by requesting a hearing by the Department within 15 days after the date of mailing by the Department; and

 

E)        the right of the responsible relative to prevent certification to the licensing agency for failure to comply with a subpoena or warrant in a paternity or child support proceeding by complying with the subpoena or warrant, or to contest the determination of the failure to comply with the subpoena or warrant by requesting a hearing by the Department within 15 days after the date of mailing by the Department.

 

3)         Factors for an acceptable payment plan will include, but are not limited to:

 

A)        the amount of past-due support and interest owed;

 

B)        the amount of current child support ordered to be paid; and

 

C)        the responsible relative's ability to pay.

 

4)         The responsible relative's commencement of periodic payments on the past-due support amount owed in compliance with a court or administrative order entered prior to the date of mailing of the Notice of Intent to Request Revocation, Suspension or Denial of a Professional, Occupational or Recreational License shall be deemed by the Department to be a satisfactory payment plan.

 

5)         A written request for hearing made within 15 days after the date of mailing of the Notice of Intent to Request Revocation, Suspension or Denial of a Professional, Occupational or Recreational License shall stay the Department from certifying past-due support and interest or failure to comply with a subpoena or warrant to the licensing agency.

 

6)         The Department shall proceed in accordance with 89 Ill. Adm. Code 104.103 upon receipt of a timely written request for hearing, except that 89 Ill. Adm. Code 104.103(b) and (c) shall not apply.

 

o)         Debit Authorization for Obligors Who Are Not Subject to Income Withholding

 

1)         The Department shall adopt a child support enforcement debit authorization form that, upon being signed by an obligor, authorizes the State Disbursement Unit to debit the obligor's financial institution account periodically in an amount equal to the amount of the child support obligation.

 

2)         The Department shall, upon adoption, inform each financial institution conducting business in this State that the child support enforcement debit authorization form has been adopted and is ready for use.

 

3)         The child support enforcement debit authorization form shall include instructions concerning the debiting of accounts held on behalf of obligors and the transfer of the debited amount to the State Disbursement Unit.

 

4)         When an obligor does not have a payor, as defined in Section 15 of the Income Withholding for Support Act [750 ILCS 28/15], he or she must sign a child support enforcement debit authorization form.  The obligor must sign a separate child support enforcement debit authorization form for each financial institution holding an account on his or her behalf in which a child support payment is to be debited and transferred to the State Disbursement Unit.

 

5)         The signing and issuance of a child support enforcement debit authorization form does not relieve the obligor from responsibility for compliance with any requirement under the order for support.

 

6)         It is the responsibility of the obligor to notify the State Disbursement Unit in accordance with the instructions provided on the child support enforcement debit authorization form.

 

p)         Judicial Registration of Administrative Support Orders and/or Administrative Paternity Orders

 

1)         A final administrative support order and/or a final administrative paternity order, excluding a voluntary acknowledgment or denial of parentage, which is governed by other provisions of the Public Aid Code [305 ILCS 5], the Illinois Parentage Act of 1984 [750 ILCS 45] and/or 2015 [750 ILCS 46], and the Vital Records Act [410 ILCS 535], established by the Department under Article X of the Public Aid Code may be registered in the appropriate circuit court of this State by the Department or by a party to the order by filing:

 

A)        Two copies, including one certified copy, of the administrative order to be registered;

 

B)        Any subsequent modification of the administrative support order;

 

C)        Any voluntary acknowledgment of paternity of the child covered by the order;

 

D)        Documents showing service of the notice of support obligation or the notice of paternity and support obligation that commenced the procedure for establishment of the administrative support order and/or the administrative paternity order as required by Section 10-4 of the Public Aid Code;

 

E)        Documentation showing the amount of past-due support accrued under the administrative order by a sworn statement by the person requesting registration or a certified copy of the Department payment records; and

 

F)         A Notice of Registration containing: the name of the obligor and, if known, the obligor's address and the name of the obligee and the obligee's address unless the obligee alleges in an affidavit or pleading under oath that the health, safety or liberty of the party or child would be jeopardized by the disclosure, in which case the information must be sealed and not disclosed to the other party or public.  After a hearing, the court may order the disclosure of information that the court determines to be in the interest of justice.

 

2)         Every Notice of Registration must be accompanied by a copy of the registered administrative support order and/or the administrative paternity order and the relevant information accompanying the order as noted in subsection (p)(1).

 

3)         The filing of the administrative support order and/or the administrative paternity order constitutes registration with the circuit court.

 

4)         The Department shall certify the administrative support order and/or the administrative paternity order or payment record by attaching a copy of the Department's certification (HFS 390).

 

5)         The registering party shall serve notice of the registration on the other party by first class mail, unless the administrative support order and/or the administrative paternity order was entered by default or the registering party is also seeking an affirmative remedy.  The registering party shall serve notice on the Department in all cases by first class mail.

 

A)        If the administrative support order and/or the administrative paternity order was entered by default against the obligor, the obligor must be served with the registration by any method provided by law for service of summons.

 

B)        If the petition or comparable pleading seeking an affirmative remedy is filed with the registration, the non-moving party must be served with the registration and the affirmative pleading by any method provided by law for service of summons.

 

6)         A Notice of Registration of an administrative support order and/or an administrative paternity order must provide the following information:

 

A)        That a registered administrative order is enforceable in the same manner as an order for support and/or an order for paternity issued by the circuit court.

 

B)        That a hearing to contest enforcement of the registered administrative support order and/or the registered administrative paternity order must be requested within 30 days after the date of service of the notice.

 

C)        That failure to contest, in a timely manner, the enforcement of the registered administrative support order and/or the registered administrative paternity order shall result in confirmation of the order and enforcement of the order and the alleged arrearages and precludes further contest of that order with respect to any matter that could have been asserted.

 

D)        The amount of any alleged arrearages.

 

7)         A non-registering party seeking to contest enforcement of a registered administrative support order and/or a registered administrative paternity order shall request a hearing within 30 days after the date of service of notice of the registration.  The non-registering party may seek to vacate the registration, to assert any defense to an allegation of noncompliance with the registered administrative support order and/or the registered administrative paternity order, or to contest the remedies being sought or the amount of any alleged arrearages.

 

8)         If the non-registering party fails to contest the enforcement of the registered administrative support order and/or the registered administrative paternity order in a timely manner, the order shall be confirmed by operation of law.

 

9)         If a non-registering party requests a hearing to contest the enforcement of the registered administrative support order and/or the registered administrative paternity order, the circuit court shall schedule the matter for hearing and give notice to the parties and the Department of the date, time and place of the hearing.

 

10)        A party contesting the enforcement of a registered administrative support order and/or a registered administrative paternity order or seeking to vacate the registration has the burden of proving one or more of the following defenses:

 

A)        The Department lacked personal jurisdiction over the contesting party.

 

B)        The administrative support order and/or the administrative paternity order was obtained by fraud.

 

C)        The administrative support order and/or the administrative paternity order has been vacated, suspended or modified by a later order.

 

D)        The Department has stayed the administrative support order and/or the administrative paternity order pending appeal.

 

E)        There is a defense under the law to the remedy sought.

 

F)         Full or partial payment has been made.

 

11)        If a party presents evidence establishing a full or partial payment defense, the court may stay enforcement of the registered order, continue the proceeding to permit production of additional relevant evidence, and issue other appropriate orders.  An uncontested portion of the registered administrative support order and/or the registered administrative paternity order may be enforced by all remedies available under State law.

 

12)        If the contesting party does not establish a defense to the enforcement of the administrative support order and/or the administrative paternity order, the court shall issue an order confirming the administrative support order and/or the administrative paternity order. Confirmation of the registered administrative support order and/or the registered administrative paternity order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration.  Upon confirmation, the registered administrative support order and/or the registered administrative paternity order  shall be treated in the same manner as a support order and/or a paternity order entered by the circuit court, including the ability of the court to entertain a petition to modify the administrative support order due to a substantial change in circumstances and/or a petition to modify the administrative paternity order due to clear and convincing evidence regarding paternity, or petitions for visitation or custody of the child or children covered by the administrative support order.  Nothing in this Section shall be construed to alter the effect of a final administrative support order and/or a final administrative paternity order, or to restrict judicial review of a final order to the provisions of the Administrative Review Law, as provided in Sections 10-11 and 10-17.7 of the Illinois Public Aid Code.

 

13)        Notwithstanding the limitations of relief provided for under this Section regarding an administrative paternity order and the administrative relief available from an administrative paternity order under Sections 10-12 through 10-14.1 of the Illinois Public Aid Code, a party may petition for relief from a registered final administrative paternity order entered by consent of the parties, excluding a voluntary acknowledgment or denial of paternity as well as an administrative paternity order entered pursuant to genetic testing.  The petition shall be filed pursuant to Section 2-1401 of the Code of Civil Procedure [735 ILCS 5/2-1401] based upon a showing of due diligence and a meritorious defense.  The court, after reviewing the evidence regarding this specific type of administrative paternity order entered by consent of the parties, shall issue an order regarding the petition.  Nothing in this Section shall be construed to alter the effect of a final administrative paternity order, or the restriction of judicial review of such a final order to the provisions of the Administrative Review Law [735 ILCS 5/Art. III], as provided in Section 10-17.7 of the Illinois Public Aid Code.

 

q)         Certification to State Gaming Licensee of Past-Due Support

 

1)         The Department shall collect past-due support owed by responsible relatives in IV-D cases through certification of the account balance to State Gaming Licensees (as defined in Section 10-17.15 of the Illinois Public Aid Code).  This process will be accomplished via an electronic interface between the Department and the State Gaming Licensee.  The Department shall provide signage to the State Gaming Licensee in compliance with the law.

 

2)         The Department shall certify past-due support amounts to be withheld to any State Gaming Licensee when the following conditions exist:

 

A)        The amount of past-due support is at least $1,200 and the responsible relative has not made a voluntary payment within 90 days prior to the certification;

 

B)        As of the date of certification, the Department has not received notice of a pending bankruptcy case involving the responsible relative; and

 

C)        The State Gaming Licensee has notified the Department regarding the winnings of a responsible relative owing past-due support.

 

3)         The State Gaming Licensee shall withhold from winnings required to be reported to the Internal Revenue Service on Form W2-G, or any subsequent amendment or replacement to that form, for licensees covered under the Riverboat Gambling Act [230 ILCS 10] and the Illinois Horse Racing Act of 1975 [230 ILCS 5], with the additional requirement that the winnings are subject to withholding for federal tax purposes for licensees covered under the Illinois Horse Racing Act of 1975, up to the full amount of winnings necessary to pay the responsible relative's past-due support.

 

A)        "Winnings" means any cash award that results from a specific wager connected with limited gaming or pari-mutuel wagering for which the licensee is required to file form W2-G, or a substantially equivalent form, with the Internal Revenue Service (IRS).  "Winnings" do not apply to the awarding of merchandise, other non-cash items, promotional awards, loyalty program awards or other cash prize awards not associated with a specific wagering event.

 

B)        For the withholding of winnings, the State Gaming Licensee shall be entitled to an administrative fee not to exceed the lesser of 4% of the total amount of cash winnings paid the responsible relative or $150.

 

C)        The past-due child support required to be withheld under this subsection (q)(3)(C), and the administrative fee under subsection (q)(3)(B), would have priority over any secured or unsecured claim or charitable contribution requested on cash winnings, except claims for federal or State taxes that are required to be withheld under federal or State law.

 

D)        In no event shall the total amount withheld from the winnings, including the administrative fee, exceed the total cash winnings claimed.  If the amount claimed is greater than the amount sufficient to satisfy the past-due support amount, the State Gaming Licensee shall pay the responsible relative the remaining balance of the payout, less the administrative fee, at the time it is claimed.

 

E)        The State Gaming Licensee shall provide information required by the Department regarding the responsible relative whose winnings may be subject to being withheld pursuant to this subsection (q)(3) at the time the winnings are redeemed or to be paid by the State Gaming Licensee.  At the time the winnings are withheld, an agent of the Illinois Racing Board shall be responsible for notifying the person identified as being delinquent in child support payments that the Gaming Licensee under the Illinois Horse Racing Act of 1975 is required by law to withhold all or a portion of the winnings.  Upon request of a State Gaming Licensee under the Riverboat Gambling Act, an agent of the Illinois Gaming Board shall be responsible for notifying the person identified as being delinquent in child support payments that the Gaming Licensee is required by law to withhold all or a portion of the winnings. These notice requirements may be satisfied by giving the person a copy of the certification the Department submitted to the State Gaming Licensee.

 

4)         As part of the Department's annual notice to responsible relatives who owe past-due child support, as provided for in subsection (b)(3), the Department shall include a statement regarding the Department's ability to certify the past-due balance to a State Gaming Licensee.  This advance notice shall inform the responsible relative of the following:

 

A)        The IV-D case name and identification number;

 

B)        The past-due support amount that will be submitted for collection; and

 

C)        The type of collection remedies available to the Department.

 

5)         Immediately upon receipt of the information required by subsection (q)(3)(E), the Department's certification to the State Gaming Licensee shall provide the following information regarding the responsible relative:

 

A)        Name;

 

B)        IV-D identification number;

 

C)        The past-due support amount to be withheld;

 

D)        The amount of the administrative fee that the State Gaming Licensee may retain; and

 

E)        The amount, if any, that may be released to the responsible relative.

 

6)         The State Gaming Licensee shall provide the responsible relative with a receipt of the withheld winnings and shall transfer those funds to the Department via electronic transfer.  The Department shall hold the funds until the expiration of the period in which the responsible relative may request a hearing or, if a hearing has been requested, until a final administrative decision is rendered.

 

7)         The responsible relative may contest the certification by the Department to the State Gaming Licensee by a written request for hearing made to the Department within 15 days after the date of the certification.

 

8)         The Department shall proceed in accordance with 89 Ill. Adm. Code 104.103 upon receipt of a written request for hearing, except that subsections (b) and (c) of that Section shall not apply.

 

9)         The Department shall notify the Clerk of the Court of the county in which the child support order was entered of any amount collected for posting to the court payment record.

 

10)        The Department shall:

 

A)        Apply any overpayment by the responsible relative pursuant to the certification for collection as a credit against future support obligations; or

 

B)        If the current support obligation of the responsible relative has terminated by operation of law or court order, as promptly as possible, refund to the responsible relative any overpayment, pursuant to the certification for collection, that is still in the possession of the Department.

 

11)        Confidentiality

Information provided to and accessed by the State Gaming Licensee is considered confidential.

 

r)         Other Remedies

The Department shall pursue any other remedies provided for by law to enforce and collect past-due support owed by responsible relatives in IV-D cases.

 

s)         For all other hearings provided for under this Section, if the Department's hearing officer determines that the Quantitative Standard for Review has been met or that the party or parties requesting the hearing has or have demonstrated the occurrence of a substantial change in circumstances since entry of the last administrative order of support warranting modification of that order, the hearing officer will recommend entry of a final administrative decision resulting in entry of a new administrative order for support.  In recommending terms of the new administrative order for support, either for current support or, in the event that a current support obligation is no longer owed and only past-due support remains, and therefore, periodic payments toward the past-due support must be ordered, the hearing officer shall calculate the new support terms in accordance with the provisions of Section 160.60(c)(2).

 

(Source:  Amended at 41 Ill. Reg. 3338, effective March 7, 2017)

 

Section 160.71  Credit for Payments Made Directly to the Title IV-D Client

 

Where the operative court or administrative order for support requires child support payments to be made to the Department, the State Disbursement Unit, or the Clerk of the Circuit Court, the Department will allow a one time credit to its child support accounts receivable for payments made directly to the Title IV-D client, up to the amount of the past due support owed to the Title IV-D client, when:

 

a)         a court of competent jurisdiction enters an order requiring credit; or

 

b)         the following circumstances exist:

 

1)         either:

 

A)        the order for support was entered in Illinois; or

 

B)        if the order for support is a foreign order:

 

i)          the order has been registered in Illinois; and

 

ii)         the law of the state that entered the order allows credit for payments made directly to the Title IV-D client; and

 

2)         a balance of support is owed to the Title IV-D client; and

 

3)         there has been no other instance, after the effective date of this Section, in which the Department credited its child support accounts receivable for payments made by the responsible relative directly to the Title IV-D client; and

 

4)         either:

 

A)        the Title IV-D client signs a statement specifying the payments that the client is requesting be credited to the accounts receivable; or

 

B)        the responsible relative provides the Department with clear and convincing documentation (such as copies of canceled checks or money order receipts) showing that the payments for which the relative is requesting credit were made and the Department has given the Title IV-D client opportunity to acknowledge or deny receipt of the payments.

 

(Source:  Amended at 33 Ill. Reg. 591, effective January 5, 2009)

 

Section 160.75  Withholding of Income to Secure Payment of Support

 

a)         Definitions

The definitions contained in Section 15 of the Income Withholding for Support Act [750 ILCS 28/15] shall apply in this Section.

 

b)         Entry of Order for Support Containing Income Withholding Provisions; Income Withholding Notice

 

1)         The Department, through its legal representative, shall request that when entering an order for support the court include in the order the following income withholding provisions, as required by law:

 

A)        that an income withholding notice be prepared by the Department and served immediately upon any payor of the obligor, unless a written agreement is reached between and signed by both parties providing for an alternative arrangement, approved and entered into the record by the court, which ensures payment of support.  In that case, the Department, through its legal representative, shall request that the order for support provide that an income withholding notice is to be prepared and served only if the obligor becomes delinquent in paying the order for support; and

 

B)        a dollar amount to be paid until payment in full of any delinquency that accrues after entry of the order for support; the dollar amount not to be less than 20 percent of the total of the current support amount and the amount to be paid periodically for payment of any arrearage stated in the order for support; and

 

C)        the obligor's Social Security Number disclosed to the court as required by law; and

 

D)        if the obligor is not a United States citizen, the obligor's alien registration number, passport number, and home country's social security or national health number disclosed to the court as required by law.

 

2)         The income withholding notice prepared by the Department shall:

 

A)        be in the standard format prescribed by the federal Department of Health and Human Services; and

 

B)        state the date of entry of the order for support upon which the income withholding notice is based; and

 

C)        direct any payor to withhold the dollar amount required for current support under the order for support; and

 

D)        direct any payor to withhold the dollar amount required to be paid periodically under the order for support for payment of the amount of any arrearage stated in the order for support; and

 

E)        state the amount of the payor income withholding fee as provided by law; and

 

F)         state that the amount actually withheld from the obligor's income for support and other purposes, including the payor's withholding fee, may not be in excess of the maximum amount permitted under the federal Consumer Credit Protection Act; and

 

G)        state the duties of the payor and the fines and penalties provided by law for failure to withhold and pay over income and for discharging, disciplining, refusing to hire, or otherwise penalizing the obligor because of the duty to withhold and pay over income; and

 

H)        state the rights, remedies, and duties of the obligor, as provided by law; and

 

I)         include the Social Security Number of the obligor; and

 

J)         contain the signature of the obligee or the printed name and telephone number of the authorized representative of the public office, except that the failure to contain the signature of the obligee or the printed name and telephone number of the authorized representative of the public office shall not affect the validity of the income withholding notice; and

 

K)        direct any payor to pay over amounts withheld for payment of support to the State Disbursement Unit.

 

3)         Notwithstanding the exception to immediate income withholding referred to in subsection (b)(1)(A), if the court finds at the time of any hearing that an arrearage has accrued, the Department, through its legal representative, shall request that the court order immediate service of an income withholding notice upon the payor, as required by law.

 

c)         Service of Income Withholding Notice

 

1)         If the order for support requires immediate service of an income withholding notice, the Department shall serve the notice on the payor within two business days after the date the order is received if the payor's address is known on that date, or, if the address is unknown on that date, within two business days after locating the payor's address.  If the Department receives the payor's address from the Illinois Directory of New Hires, as established under Section 1801.1 of the Unemployment Insurance Act [820 ILCS 405/1801.1], the Department shall serve an income withholding notice and, where applicable, a National Medical Support Notice, on the payor within two business days after the date information regarding the obligor and payor is entered into the Illinois Directory of New Hires.

 

2)         The Department may serve the income withholding notice on the payor or its superintendent, manager, or other agent by ordinary mail or certified mail, return receipt requested, by facsimile transmission or other electronic means, by personal delivery, or by any method provided by law for service of a summons.  At the time of service on the payor and as notice that withholding has commenced, the Department shall serve a copy of the income withholding notice on the obligor by ordinary mail addressed to his or her last known address.  A copy of the income withholding notice together with proofs of service on the payor and the obligor shall be filed by the Department with the Clerk of the Circuit Court.

 

3)         Notwithstanding the fact that the order for support, under the exception to immediate withholding referred to in subsection (b)(1)(A), provides that an income withholding notice is to be prepared and served only if the obligor becomes delinquent in paying the order for support, the Department shall serve an income withholding notice on the payor prior to accrual of a delinquency if the obligor executes a written waiver of that condition and requests immediate service on the payor.

 

4)         At any time after the initial service of an income withholding notice, the Department may serve any other payor of the obligor with the same income withholding notice without further notice to the obligor.  A copy of the income withholding notice together with a proof of service on the other payor shall be filed with the Clerk of the Circuit Court.

 

d)         Income Withholding After Accrual of Delinquency

 

1)         The Department shall prepare and serve an income withholding notice within two business days after the date the obligor accrues a delinquency if the payor's address is known on that date, or, if the address is unknown on that date, within two business days after locating the payor's address.  If the payor's address is unknown on the date the obligor accrues a delinquency, and the Department receives the payor's address from the Illinois Directory of New Hires, the Department shall serve an income withholding notice on the payor within two business days after the date information regarding the obligor and payor is entered into the Illinois Directory of New Hires.

 

2)         An income withholding notice prepared by the Department under subsection (d)(1) shall:

 

A)        contain the information required under subsection (b)(2); and

 

B)        contain the total amount of the delinquency as of the date of the notice; and

 

C)        direct the payor to withhold the dollar amount required to be withheld periodically under the order for support for payment of the delinquency; and

 

D)        be served on the payor and the obligor in the manner provided in subsection (c)(2).

 

3)         The obligor may contest withholding commenced under this subsection (d) by filing a petition to contest withholding with the Clerk of the Circuit Court within 20 days after service of a copy of the income withholding notice on the obligor.  However, as required by law, the grounds for the petition to contest withholding shall be limited to:

 

A)        a dispute concerning the existence or amount of the delinquency; or

 

B)        the identity of the obligor.

 

4)         The accrual of a delinquency as a condition for service of an income withholding notice, under the exception to immediate withholding referred to in subsection (b)(1)(A), shall apply only to the initial service of an income withholding notice on a payor of the obligor.

 

e)         Initiated Withholding

 

1)         Notwithstanding any other provision of this Section, if the court has not required that income withholding take effect immediately, the Department, pursuant to this subsection (e), may initiate withholding regardless of whether a delinquency has accrued, by preparing and serving an income withholding notice on the payor that contains the information required under subsection (b)(2) and states that the parties' written agreement providing an alternative arrangement to immediate withholding under subsection (b)(1)(A) no longer ensures payment of support, and the reason or reasons why it does not.

 

2)         The income withholding notice and the obligor's copy of the income withholding notice shall be served as provided in subsection (c)(2).

 

3)         The obligor may contest withholding commenced under this subsection (e) by filing a petition to contest withholding with the Clerk of the Circuit Court within 20 days after service of a copy of the income withholding notice on the obligor.  However, as required by law, the grounds for the petition to contest withholding shall be limited to a dispute concerning the conditions in subsections (e)(3)(A) and (B) (it shall not be grounds for filing a petition that the obligor has made all payments due by the date of the petition):

 

A)        whether the parties' written agreement providing an alternative arrangement to immediate withholding under subsection (b)(1)(A) continues to ensure payment of support; or

 

B)        the identity of the obligor.

 

f)         Petitions to Modify, Suspend or Terminate an Order for Withholding

 

1)         At any time the Department, through its legal representative, may petition the court to:

 

A)        modify, suspend or terminate the income withholding notice because of a modification, suspension or termination of the underlying order for support;

 

B)        modify the amount of income to be withheld to reflect payment in full or in part of the delinquency or arrearage by income withholding or otherwise; or

 

C)        suspend the income withholding notice because of inability to deliver income withheld to the obligee due to the obligee's failure to provide a mailing address or other means of delivery.

 

2)         The Department shall serve on the payor, in the manner provided for service of income withholding notices in subsection (c)(2), a copy of any order entered pursuant to this subsection (f) that affects the duties of the payor.

 

3)         The Department may serve a notice on the payor to:

 

A)        cease withholding of income for payment of current support for a child when the support obligation for that child has automatically ceased under the order for support through emancipation or otherwise; or

 

B)        cease withholding of income for payment of delinquency or arrearage when the delinquency or arrearage has been paid in full.

 

4)         The notice provided for under subsection (f)(3) shall be served on the payor in the manner provided for service of income withholding notices in subsection (c)(2), and a copy shall be provided to the obligor and the obligee.

 

g)         Additional Duties

The Department shall provide notice to the payor and Clerk of the Circuit Court of any other support payment made, including but not limited to:

 

1)         an offset under federal or State law; or

 

2)         partial payment of the delinquency or arrearage or both.

 

h)         Alternative Procedures for Service of an Income Withholding Notice

 

1)         The procedures of this subsection (h) shall be used by the Department in any matter to serve an income withholding notice on a payor if:

 

A)        For any reason the most recent order for support entered does not contain the income withholding provisions stated in subsection (b), irrespective of whether a separate order for withholding was entered prior to July 1, 1997; and

 

B)        The obligor has accrued a delinquency after entry of the most recent order for support.

 

2)         The Department shall prepare and serve the income withholding notice in accordance with the provisions of subsection (d), except that the notice shall contain a periodic amount for payment of the delinquency equal to 20 percent of the total of the current support amount and the amount to be paid periodically for payment of any arrearage stated in the most recent order for support.

 

3)         If the obligor requests in writing that income withholding become effective prior to the obligor accruing a delinquency under the most recent order for support, the Department shall prepare and serve an income withholding notice on the payor as provided in subsections (b) and (c).  In addition to filing proofs of service of the income withholding notice on the payor and the obligor, the Department shall file a copy of the obligor's written request for income withholding with the Clerk of the Circuit Court.

 

i)          Notice to Payor

Whenever the Department serves an income withholding notice on a payor, notice of the following shall be included in or with the income withholding notice:

 

1)         that the payor must begin deducting no later than the next payment of income that is payable or creditable to the obligor that occurs 14 days following the date the income withholding notice was mailed, sent by facsimile or other electronic means, or placed for personal delivery to or service on the payor;

 

2)         that the payor must pay the amount withheld to the State Disbursement Unit within seven business days after the date the amount would (but for the duty to withhold income) have been paid or credited to the obligor;

 

3)         that if the payor knowingly fails to withhold the amount designated in the income withholding notice or to pay any amounts withheld to the State Disbursement Unit within seven business days after the date the amount would have been paid or credited to the obligor, the payor is subject to a penalty of $100 for each day that the amount designated in the income withholding notice (whether or not withheld by the payor) is not paid to the State Disbursement Unit after the period of seven business days has expired;

 

4)         that the payor may combine all amounts withheld for the benefit of an obligee or public office into a single payment and transmit the payment with a listing of obligors from whom withholding has been effected;

 

5)         that for each deduction the payor must provide the State Disbursement Unit at the time of transmittal, with the date the amount would (but for the duty to withhold income) have been paid or credited to the obligor;

 

6)         that for withholding of income, the payor is entitled to a fee not to exceed $5 per month to be taken from the income to be paid to the obligor;

 

7)         that the amount actually withheld for support, the child's health insurance premium and payor withholding fee shall not exceed the maximum amount permitted under the federal Consumer Credit Protection Act (15 USC 1601).  Income available for withholding shall be applied first to the current support obligation, then to any premium required for employer, labor union, or trade union-related health insurance coverage ordered under the order for support, and then to payment required on past-due support obligations.  If there is insufficient available income remaining to pay the full amount of the required health insurance premium after withholding of income for the current support obligation, then the remaining available income shall be applied to payments required on past-due support obligations;

 

8)         require that whenever the obligor is no longer receiving income from the payor, the payor must return a copy of the income withholding notice to the Department and provide the obligor's last known address and the name and address of the obligor's new payor, if known;

 

9)         that withholding of income under the income withholding notice must be made without regard to any prior or subsequent garnishments, attachments, wage assignments, or any other claims of creditors;

 

10)         that the income withholding notice is binding upon the payor until service of an order of the court or a notice from the Department or Clerk of the Circuit Court;

 

11)         that the payor is subject to a fine of up to $200 for discharging, disciplining or otherwise penalizing an obligor because of the duty to withhold income;

 

12)         that if the payor willfully fails to withhold or pay over income pursuant to a properly served income withholding notice that the payor is liable for the total amount that the payor willfully failed to withhold or pay over;

 

13)         that if the payor has been served with more than one income withholding notice pertaining to the same obligor, the payor shall allocate income available on a proportionate share basis, giving priority to current support payments; and

 

14)         that a payor who complies with an income withholding notice that is regular on its face is not subject to civil liability with respect to any individual, any agency, or any creditor of the obligor for conduct in compliance with the notice.

 

j)          Notice to Obligor

When the Department serves a copy of the income withholding notice on the obligor as required under this Section, notice of the following shall be included in or with the obligor's copy of the income withholding notice:

 

1)         that income withholding has commenced;

 

2)         the information provided to the payor under subsection (i);

 

3)         the procedures and the permissible grounds for contesting withholding commenced under subsection (d), (e) or (h), as applicable;

 

4)         that at any time the obligor may petition the court to:

 

A)        modify, suspend or terminate the income withholding notice because of a modification, suspension or termination of the underlying order for support; or

 

B)        modify the amount of income to be withheld to reflect payment in full or in part of the delinquency or arrearage by income withholding or otherwise; or

 

C)        suspend the income withholding notice because of inability to deliver income withheld to the obligee due to the obligee's failure to provide a mailing address or other means of delivery; or

 

D)        correct a term contained in an income withholding notice to conform to that stated in the underlying order for support for:

 

i)          the amount of current support;

 

ii)         the amount of the arrearage;

 

iii)        the periodic amount for payment of the arrearage; or

 

iv)        the periodic amount for payment of the delinquency;

 

5)         that the obligor is required by law to notify the obligee, the Department, and the Clerk of the Circuit Court of any new address or payor within seven days after the change; and

 

6)         that where a payor willfully discharges, disciplines, refuses to hire or otherwise penalizes an obligor because of the duty to withhold income, the obligor may file a complaint with the court against the payor, and that the court may order employment or reinstatement of or restitution to the obligor, or may impose a fine upon the payor not to exceed $200.

 

k)         Penalties

In cases where a payor willfully fails to withhold or pay over income, pursuant to a properly served income withholding notice, or otherwise fails to comply with any income withholding duties imposed by law, the Department, through its legal representatives, may request that the court:

 

1)         enter judgment against the payor, or an officer or employee of the payor, as provided by law, and direct the enforcement thereof for the total amount that the payor willfully failed to withhold or pay over;

 

2)         impose a penalty or fine upon the payor or invoke any other remedy allowed by law.

 

l)          Administrative Fines Imposed by the Department

 

1)         The administrative fines provided for under Section 50.5 of the Income Withholding for Support Act [750 ILCS 28] (Withholding Act) are in addition to any existing fines or penalties against a payor of income provided for in that Act and do not affect who would be entitled to receive those existing fines and penalties.  In addition to any fines or penalties provided for in the Withholding Act, when a payor of income willfully fails, after receiving two reminders from the Department to withhold or pay over income pursuant to a properly served income withholding notice or otherwise fails to comply with any duties imposed by the Withholding Act, the Department shall, upon a finding of willful failure to comply, impose a fine upon the payor of income not to exceed $1,000 per payroll period.  The fine will be payable to the Department and may be used to defray the costs incurred by the Department in the collection of the past-due support and penalties provided for by the Withholding Act.  The Department shall place the fines collected into a special fund created to implement the purposes of Section 50.5 of the Withholding Act and the fines shall be utilized for the purposes provided for in that Section.  After deducting the costs incurred by the Department in the collection of the past-due support and penalties provided for in the Withholding Act, the reminder of the fines collected under Section 50.5 shall be distributed proportionally to the counties based on their IV-D population. The counties shall use these funds to assist low income families in defraying the costs associated with seeking parenting time.

 

2)         The Department may collect the fine through administrative liens and levies on the real and personal property of the payor of income as provided in Sections 10-25 and 10-25.5 of the Public Aid Code.

 

3)         The payor of income may contest the fine as provided in Sections 10-25 and 10-25.5 of the Public Aid Code.

 

4)         The Department will implement this subsection (l) by January 1, 2019.

 

m)        Intergovernmental Income Withholding

Within the timeframes specified in subsections (c)(1) and (d)(1), and pursuant to the provisions of the Uniform Interstate Family Support Act [750 ILCS 22], the Department shall engage income withholding in cases in which the obligor is receiving income from a payor located in another jurisdiction.

 

n)         Use of National Medical Support Notice to Enforce Health Insurance Coverage

 

1)         When an order for support is being enforced by the Department under this Section, any requirement for health insurance coverage to be provided through an employer, including withholding of premiums from the income of the obligor, shall be enforced through use of a National Medical Support Notice.

 

2)         A National Medical Support Notice shall be served on the employer in the manner and under the circumstances provided for serving an income withholding notice under this Section, except that an order for support that conditions service of an income withholding notice on the obligor becoming delinquent in paying the order for support shall not prevent immediate service of a National Medical Support Notice by the Department.  The Department may serve a National Medical Support Notice on an employer in conjunction with service of an income withholding notice.  Service of an income withholding notice is not a condition for service of a National Medical Support Notice, however.

 

3)         At the time of service of a National Medical Support Notice on the employer, the Department shall serve a copy of the Notice on the obligor by ordinary mail addressed to the obligor's last known address.  The Department shall file a copy of the National Medical Support Notice, together with proofs of service on the employer and the obligor, with the clerk of the circuit court.

 

4)         Within 20 business days after the date of a National Medical Support Notice, an employer served with the Notice shall transfer the severable notice to plan administrator to the appropriate group health plan providing any health insurance coverage for which the child is eligible.  As required in the part of the National Medical Support Notice directed to the employer, the employer shall withhold any employee premium necessary for coverage of the child and shall send any amount withheld directly to the plan.  The employer shall commence the withholding no later than the next payment of income that occurs 14 days after the date the National Medical Support Notice was mailed, sent by facsimile or other electronic means, or placed for personal delivery to or service on the employer.  Notwithstanding the requirement to withhold premiums from the obligor's income, if the plan administrator informs the employer that the child is enrolled in an option under the plan for which the employer has determined that the obligor's premium exceeds the amount that may be withheld from the obligor's income due to the withholding limitation or prioritization contained in Section 35 of the Income Withholding for Support Act, the employer shall complete the appropriate item in the part of the National Medical Support Notice directed to the employer according to the instructions in the Notice and shall return that part to the Department.

 

5)         If one of the following circumstances exists, an employer served with a National Medical Support Notice shall complete the part of the Notice directed to the employer in accordance with the instructions in the Notice and shall return that part to the Department within 20 business days after the date of the Notice:

 

A)        The employer does not maintain or contribute to plans providing dependent or family health insurance coverage.

 

B)        The obligor is among a class of employees that is not eligible for family health insurance coverage under any group health plan maintained by the employer or to which the employer contributes.

 

C)        Health insurance coverage is not available because the obligor is no longer employed by the employer.

 

6)         The administrator of a health insurance plan to whom an employer has transferred the severable notice to plan administrator part of a National Medical Support Notice shall complete that part with the health insurance coverage information required under the instructions in the Notice and shall return that part to the Department within 40 business days after the date of the Notice.

 

7)         The obligor may contest withholding under this Section based only on a mistake of fact and may contest withholding by filing a petition with the clerk of the circuit court within 20 days after service of a copy of the National Medical Support Notice on the obligor.  The obligor must serve a copy of the petition on the Department at the address stated in the National Medical Support Notice.  The National Medical Support Notice, including the requirement to withhold any required premium, shall continue to be binding on the employer until the employer is served with a court order resolving the contest or until notified by the Department.

 

8)         Whenever the obligor is no longer receiving income from the employer, the employer shall return a copy of the National Medical Support Notice to the Department and shall provide information for the purpose of enforcing health insurance coverage under this Section.

 

9)         The Department shall promptly notify the employer when there is no longer a current order for health insurance coverage in effect that the Department is responsible for enforcing.

 

10)         Unless stated otherwise in this Section, all of the provisions of this Section relating to income withholding for support shall pertain to income withholding for health insurance coverage under a National Medical Support Notice, including but not limited to, the duties of the employer and obligor, and the penalties contained in Section 35 and Section 50 of the Income Withholding for Support Act.  In addition, an employer who willfully fails to transfer the severable notice to plan administrator part of a National Medical Support Notice to the appropriate group health plan providing health insurance coverage for which a child is eligible, within 20 business days after the date of the Notice, is liable for the full amount of medical expenses incurred by or on behalf of the child which would have been paid or reimbursed by the health insurance coverage had the severable notice to plan administrator part of the Notice been timely transferred to the group health insurance plan.  This penalty may be collected in a civil action that may be brought against the employer in favor of the obligee or the Department.

 

11)         When the administrator of a health insurance plan returns the severable notice to plan administrator portion of a National Medical Support Notice to the Department indicating that there is more than one option available for coverage of the child under the plan, the Department, within 20 days after the date the portion is returned, shall consult with the obligee, select from the available options, and inform the plan administrator of the option selected.

 

o)         Refund of Improperly Withheld Amounts

The Department shall promptly refund to the obligor amounts found to have been improperly withheld from the obligor's income.

 

(Source:  Amended at 41 Ill. Reg. 3338, effective March 7, 2017)

 

Section 160.77  Certifying Past-Due Support Information or Failure to Comply with a Subpoena or Warrant to State Licensing Agencies (Repealed)

 

(Source:  Repealed at 35 Ill. Reg. 2043, effective January 21, 2011)

 

Section 160.80  Amnesty – 20% Charge (Repealed)

 

(Source:  Repealed at 27 Ill. Reg. 4732, effective February 25, 2003)

 

Section 160.85  Diligent Efforts to Serve Process

 

The Department shall make diligent efforts to serve process upon a responsible relative when necessary to establish, modify or enforce support under Sections 160.60, 160.65 and 160.70, as follows:

 

a)         The Department shall obtain information concerning:

 

1)         the responsible relative's whereabouts, including without limitation:

 

A)        the relative's home address;

 

B)        the address of the relative's employer;

 

C)        the addresses of family and friends who might know of the relative's whereabouts; or

 

D)        places frequented by the relative; and

 

2)         the responsible relative's identification, including without limitation:

 

A)        the relative's Social Security Number; or

 

B)        the relative's physical description;

 

b)         The Department shall furnish such information to the Sheriff or other process server; and

 

c)         When sufficient whereabouts and identification information for service continue to exist, the Department shall cause an alias summons to issue:

 

1)         as soon as practicable after the first "not found" return; and

 

2)         anytime new information is obtained; and

 

3)         six months after each "not found" return, until service is effected.

 

(Source:  Added at 17 Ill. Reg. 2272, effective February 11, 1993)

 

Section 160.88  State Case Registry

 

a)         Pursuant to Section 10-27 of the Illinois Public Aid Code [305 ILCS 5], the Department shall establish an automated State Case Registry to contain records concerning child support orders for:

 

1)         all Title IV-D cases; and

 

2)         all other cases entered or modified on or after October 1, 1998, and pursuant to Sections 10-10 and 10-11 of the Illinois Public Aid Code, and pursuant to the Illinois Marriage and Dissolution of Marriage Act [750 ILCS 5], the Non-Support of Spouse and Children Act [750 ILCS 15], the Uniform Interstate Family Support Act [750 ILCS 22] or the Illinois Parentage Act of 2015 [750 ILCS 46].

 

b)         For IV-D cases, the Department shall maintain in the Registry the following information (and any such updated information) that is filed with the Department, or filed with a clerk of the circuit court and provided by the clerk to the Department:

 

1)         the names of the custodial and non-custodial parents and of the child or children covered by the order;

 

2)         the dates of birth of the custodial and non-custodial parents, and of the child or children covered by the order;

 

3)         Social Security Numbers or tax identification numbers of the custodial and non-custodial parents and of the child or children covered by the order;

 

4)         the residential and mailing addresses for the custodial and non-custodial parents;

 

5)         the telephone numbers for the custodial and non-custodial parents;

 

6)         the driver's license numbers for the custodial and non-custodial parents;

 

7)         the name, address, and telephone number of each parent's employer or employers;

 

8)         the case identification number;

 

9)         the court docket number and county, for those cases with an order for support entered or modified by the circuit court;

 

10)         the amount of monthly or other periodic support owed under the order and other amounts, including arrearages, interest or late payment penalties, and fees, due or overdue under the order;

 

11)         any amounts described in subsection (b)(10) of this Section that have been collected;

 

12)         the distribution of the collected amounts;

 

13)         the amount of any lien imposed with respect to the order pursuant to Section 10-25 or Section 10-25.5 of the Public Aid Code; and

 

14)         any other information that may be required under Title IV, Part D, of the Social Security Act or by the federal Department of Health and Human Services.

 

c)         For all other cases with an order for support entered or modified on or after October 1, 1998, the Department shall maintain in the Registry the following information (and any such updated information) that is filed with the Department, or filed with a clerk of the circuit court and provided by the clerk to the Department:

 

1)         the names of the custodial and non-custodial parents, and the child or children covered by the order;

 

2)         the dates of birth of the custodial and non-custodial parents, and of the child or children covered by the order;

 

3)         the Social Security Numbers or tax identification numbers of the custodial and non-custodial parents, and of the child or children covered by the order;

 

4)         the mailing addresses for the custodial and non-custodial parents;

 

5)         the court docket number and county in which the order for support was entered;

 

6)         any other information that may be required under Title IV, Part D, of the Social Security Act or by the federal Department of Health and Human Services.

 

d)         The Department shall establish, update, maintain, and monitor IV-D case records in the Registry on the bases of:

 

1)         information on administrative actions, administrative and judicial proceedings and orders relating to paternity and support;

 

2)         information obtained from comparison with federal, state, and local sources of information;

 

3)         information on support collections and distribution; and

 

4)         any other relevant information.

 

e)         Information contained in the Registry shall be subject to all federal and State confidentiality laws and regulations pursuant to 42 USC 654(26); 45 CFR 205.50 and 303.21; 42 CFR 431, Subpart F; 305 ILCS 5/11-9, 11-10, and 11-12; and Illinois Rules of Court.

 

f)         The Department shall exchange data with other federal, state, and local agencies and other sources of information as necessary to maintain the Registry and with the agencies that administer Section IV, Part A, and Title XIX of the Social Security Act, and any other agency as may be required under Section IV, Part D of the Social Security Act, or regulations promulgated thereunder.

 

g)         The Department shall provide to the Federal Case Registry the case information required by the Department of Health and Human Services.

 

(Source:  Amended at 44 Ill. Reg. 6277, effective April 13, 2020)

 

Section 160.89  Interest

 

a)         Interest Established and Enforced with the Assistance of the Department

 

1)         Unadjudicated Interest

 

A)        Unadjudicated interest is interest that has not been reduced to a judgment by a court for judicial cases or the Department for administrative cases.  A non-assistance custodial parent is an individual who completes an application for IV-D services (see Sections 160.5 and 160.10).

 

B)        Effective January 1, 2021, the Department will provide a custodial parent, on a one-time basis, the opportunity to establish unadjudicated interest through the Department.  The Department will accept one-time written requests from a custodial parent for both judicial cases and administrative cases.  The Department will establish unadjudicated interest when the custodial parent makes a written request and meets all of the following criteria:

 

i)          The emancipation of the youngest child on the case for which the custodial parent is requesting interest;

 

ii)         The principal balance for current support is $0.00 on the case for which the custodial parent is requesting interest;

 

iii)        The minimum amount of interest due to the custodial parent on that case is $500; and

 

iv)        The written request must be received by the Department within one year after meeting the criteria of this subsection (a)(1)(B) or, if applying for IV-D services, after the emancipation of the child, within one year after applying for IV-D services, provided that they meet the required criteria.

 

C)        Effective January 1, 2021, interest on cases meeting the criteria of subsection (a)(1)(B) shall be calculated prospectively from the last judgment entered and contained in the Department's certified computer system or, if no judgment was entered, from the charges and payments, or balances, reflected and contained in the Department's certified computer system.

 

2)         Adjudicated Interest.  Effective January 1, 2021, the Department will enforce adjudicated interest orders obtained by the custodial parent, non-custodial parent or either the custodial parent's or the non-custodial parent's attorney.

 

3)         As part of an arrearage establishment process under this Section, the Department shall calculate interest on child support judgments, including judgments arising by operation of law from child support orders, by applying one‑twelfth of the current statutory interest rate as provided in Section 2-1303 of the Code of Civil Procedure [735 ILCS 5] to the unpaid child support balance as of the end of each calendar month.  The unpaid child support balance at the end of the month is the total amount of child support ordered, excluding the child support that was due for that month to the extent that it was not paid in that month and including judgments for retroactive child support, less all payments received and applied as set forth in this Section.  Effective January 1, 2021, the total unpaid child support balance shall be maintained and reflected in the Department's certified computer system.  This balance shall be presumed to be correct and shall be the basis for the calculation of interest provided for in this Section.  If an individual wishes to challenge this presumption, the individual must prove, to the appropriate tribunal (judicial for judicial cases and administrative for administrative cases), that the balance is incorrect by a preponderance of the evidence.

 

b)         The accrued interest shall not be included in the unpaid child support balance when calculating interest at the end of the month.

 

c)         The unpaid child support balance as of the end of each month shall be determined by calculating the current monthly child support obligation and applying all payments received for that month, except federal income tax refund intercepts, first to the current monthly child support obligation and then applying any payments in excess of the current monthly child support obligation to the unpaid child support balance owed from previous months.  The current monthly child support obligation shall be determined from the document that established the support obligation.

 

d)         Federal income tax refund intercepts and any payments in excess of the current monthly child support obligation shall be applied to the unpaid child support balance.  Interest on child support obligations may be collected by any means available under federal and State laws, rules and regulations providing for the collection of child support.  Effective January 1, 2021, any payments in excess of the current monthly child support obligation and the unpaid child support balance shall be applied to the adjudicated accrued interest on the unpaid child support balance entered by the court for judicial cases or the accrued interest entered by the Department for administrative cases.

 

e)         The provisions of this Section shall also apply to calculation of interest on maintenance and unallocated maintenance and child support judgments arising by operation of law from maintenance and unallocated maintenance and child support orders.

 

f)         Effective January 1, 2021, for non-assistance cases meeting the criteria in this Section, the custodial parent may request that the Department calculate and enforce interest during the arrearage establishment process.  If no such request is made, or if the request is not made within the time period required by this Section, the custodial parent, through the courts, may enforce any accrued interest, without the involvement of the Department.  If the custodial parent requests interest after the emancipation of the youngest child and after the principal balance for current support is zero, but does not meet the remainder of the criteria provided for in this Section, the Department will not calculate interest, but instead may provide the custodial parent with a copy of the Department's interest finding and a cover letter explaining the Department's policy regarding interest and informing the custodial parent of the option to seek legal advice.  In cases in which there is an assignment of support to the State, the Department may calculate and enforce interest.

 

(Source:  Amended at 44 Ill. Reg. 17400, effective October 14, 2020)

 

Section 160.90  Earmarking Child Support Payments

 

a)         Child support payments may be earmarked for the needs of a specific child or set of children.  "Earmarking" refers to:

 

1)         the restriction of the use of all or a portion of the child support payments for:

 

A)        children receiving Supplemental Security Income (SSI); and

 

B)        children not eligible to receive TANF for reasons other than sanctions.

 

2)         the caretaker relative's (see 89 Ill. Adm. Code 101.20) election to exclude children who are not siblings of other children receiving TANF from the TANF assistance unit and restrict the use of a portion of the child support payments for the use of those children. "Siblings" means children born to or adopted by the same parents or having one parent in common (i.e., brother/sister, half-brother/half-sister, but not including step-brothers or step-sisters).

 

b)         Optional Earmarking Assistance Units

In an optional earmarking assistance unit, a caretaker relative may request that child support payments be earmarked for the needs of a specific child or set of children not required to be included in the standard filing unit (see 89 Ill. Adm. Code 112.300 (b)).

 

1)         An optional earmarking assistance unit consists of a TANF assistance unit:

 

A)        in which a child support order has been entered for one or more children in the assistance unit;

 

B)        the children included in the child support order are not blood-related siblings to the other children receiving TANF; and

 

C)        the caretaker relative elects to earmark support for the children.

 

2)         Department staff must advise TANF caretaker relatives of the Department's optional earmarking policy:

 

A)        during the TANF application process;

 

B)        when redetermining eligibility for the TANF assistance unit; or

 

C)        when the caretaker relative contacts the caseworker to discuss earmarking child support payments.

 

3)         Whenever a caretaker relative contacts a caseworker about optional earmarking, the caseworker will schedule an appointment for the caretaker relative within seven business days of the contact.  At the appointment, the caseworker will:

 

A)        explain the advantages and disadvantages of earmarking child support payments;

 

B)        inform the caretaker relative of the time standards for effecting redirection of the child support payments as well as the time lags involved in reapplication for TANF;

 

C)        provide the caretaker relative with a handout containing information on earmarking child support payments; and

 

D)        give the caretaker relative the form that he/she must use to request earmarking, if the caseworker determines that the caretaker relative is eligible for optional earmarking.  Additionally, the caseworker will inform the caretaker relative that she may sign and submit the form immediately or at any time.

 

4)         If a caretaker relative elects to earmark child support for one or more children in the household, the earmarked child(ren) will be deleted from the grant in the second fiscal month after the date the caretaker relative submits the written request.  (Note:  "Fiscal month" refers to a month that starts with a given day in one calendar month and ends the day before the same given day in the next calendar month, e.g., July 8 through August 7.  In this case, the "given day" is the day the caretaker relative submits the written request to the Department.) The caretaker relative is entitled to the earmarked support received by the Department beginning the first day of the calendar month the deletion is effective.  The earmarked child support will be forwarded to the caretaker relative within 21 days after the Department's receipt of the earmarked support.  The excluded child's share of the support payment will not be considered available to the remaining assistance unit members when determining initial or continued eligibility for TANF or benefit level.

 

5)         If the caretaker relative requests to add an earmarked child back to the TANF grant, the Department shall render a decision on the eligibility of the child being added within 45 days after the date of the written request.  However, if the child is determined eligible for TANF, benefits will be authorized from the date the written request was received by the Department or the date of initial eligibility after the date of the written request.

 

6)         A caretaker relative shall not exercise an earmarking option more than once in a 12 month period for any child or set of children (i.e., until 12 months have passed from the effective month of deletion).

 

c)         Allocation Assistance Unit

In an allocation assistance unit, a caretaker relative may request that child support payments be earmarked for the needs of a specific child or set of children who are 18 years of age or older or otherwise ineligible for TANF cash assistance for reasons other than receipt of SSI or sanctions.

 

1)         An allocation assistance unit consists of a TANF assistance unit:

 

A)        where the child support order applies only to an ineligible child; or

 

B)        in which:

 

i)         a child support order has been entered for two or more children; and

 

ii)        at least one of the children included in the child support order is receiving TANF; and

 

iii)       at least one of the children included in the child support order is ineligible for TANF for reasons other than sanctions or receipt of SSI (e.g., children in the child support order who are not living with the TANF unit, or children 18 or older in the home who are not eligible for TANF cash assistance).

 

2)         Where the child support order also applies to other children in the household who are receiving TANF benefits, and the order explicitly allocates the child support payment between or among the children, the Department will forward to the ineligible child's current adult caretaker, or to the child if emancipated, that portion of the child support payment allocated to the child who is not in the grant, and will not consider the support paid to the ineligible child available to the remaining assistance unit members when determining initial or continued eligibility for TANF or benefit level.

 

3)         Where the child support order applies to other children in the household who are receiving TANF benefits, and the order does not allocate the amounts to be paid to each child, the Department will allocate the child support order between or among the children on a pro-rata basis (if the case is being referred for judicial action, will instruct IV-D attorneys to seek such pro-rata allocation from the court) and forward the ineligible child's support payment to the child's current adult caretaker, or to the child if emancipated.

 

A)        Department staff must advise TANF caretaker relatives of the Department's policy for allocation assistance units and that the caretaker relative may earmark support for the ineligible children:

 

i)         during the TANF application process;

 

ii)        when redetermining eligibility for the TANF assistance unit; or

 

iii)       when the caretaker relative contacts the caseworker to discuss earmarking child support payments.

 

B)        Department staff will advise the caretaker relative of the following:

 

i)         of the pro-rata allocation policy;

 

ii)        of how the caretaker relative may request such allocation; and

 

iii)       that the caretaker relative may obtain his/her own counsel and seek a different allocation of the child support order.

 

C)        Additionally, Department staff will:

 

i)         provide the caretaker relative with a handout containing information on earmarking child support payments; and

 

ii)        give the caretaker relative the form that he/she must use to request earmarking.  Additionally, the caseworker will inform the caretaker relative that she may sign and submit the form immediately or at anytime.

 

4)         The Department will pro-rate the child support order unless or until an allocated order is entered.  The caretaker relative is entitled to the earmarked support beginning the calendar month the child is removed from the grant, if currently receiving TANF, or, if the child is not currently receiving TANF, for the calendar month following the month the request for earmarking is made.  The earmarked child support will be forwarded to the caretaker relative within 21 days of the Department's receipt of the earmarked support.

 

5)         When the ineligible child is not living with the TANF assistance unit, the caretaker relative must provide the Department with the child's current address, and must authorize payment to the custodial adult with whom the child is living, or to the child if living independently.

 

d)         SSI Children

 

1)         Earmarking child support payments for an SSI child is mandatory when there is a TANF assistance unit:

 

A)        in which a child support order has been entered for two or more children;

 

B)        at least one of the children included in the child support order is receiving SSI; and

 

C)        at least one of the children included in the child support order is receiving TANF.

 

2)         If the child support order only applies to the SSI child, the Department will not consider the support paid for the SSI child available to the remaining assistance unit members when determining initial or continued eligibility for TANF or benefit level.

 

3)         Department staff will review TANF cases at the following times to identify SSI children to determine if the case is eligible for earmarking:

 

A)        during the TANF application process;

 

B)        when redetermining eligibility for the TANF assistance unit;

 

C)        when deleting a child from the assistance unit because of receipt of SSI; or

 

D)        whenever the caseworker discovers there is a SSI child for whom earmarking is mandatory.

 

4)         Informing Caretaker Relatives

 

A)        Whenever an SSI household contacts the Department or is identified by the Department (see Section 160.90(b)(2) above), the Department will immediately inform the caretaker relative:

 

i)         of the pro-rata allocation policy for SSI children; and

 

ii)        that the Department will pro-rate the terms of the support order unless the caretaker relative chooses to obtain his/her own counsel and seek an allocation providing a greater share of the child support order for the SSI child.

 

B)        Additionally, Department staff will provide the caretaker relative with a handout containing information on earmarking child support.

 

5)         The caretaker relative is not required to make a request or submit any authorization to earmark support for an SSI child.

 

e)         Any TANF household aggrieved by the Department's action or inaction with regard to the policy set forth in this Section can file a notice of appeal in accordance with 89 Ill. Adm. Code 102.70, 102.80, 102.82 and 104: Subpart A.

 

(Source:  Amended at 21 Ill. Reg. 16050, effective November 26, 1997)

 

Section 160.95  State Disbursement Unit

 

a)         The Department shall establish a State Disbursement Unit in accordance with the provisions of Section 10-26 of the Illinois Public Aid Code [305 ILCS 5/10-26] and Section 454B, Title IV-D of the Social Security Act (42 USC 654b).  The purpose of the State Disbursement Unit shall be to collect and disburse support payments made under court and administrative support orders:

 

1)         in IV-D cases; and

 

2)         in non-IV-D cases in which support payments are made under the provisions of the Income Withholding for Support Act [750 ILCS 28].

 

b)         In accordance with Public Act 91-0677, the Department shall provide notice to the clerk of the court (if the order for support was entered by the court),the obligor and, where applicable, to the obligor's payor of income to make support payments to the State Disbursement Unit if:

 

1)         the order for support in a IV-D case was entered before October 1, 1999; or

 

2)         the order for support in a non-IV-D case does not provide that income withholding payments are to be made to the State Disbursement Unit.

 

c)         The notice (see subsection (b) of this Section) may be sent by ordinary mail, certified mail, return receipt requested, facsimile transmission, or other electronic process, or may be served upon the obligor or payor using any method provided by law for service of a summons.  The Department shall provide a copy of the notice to the obligee and, where the order for support was entered by the court, to the clerk of the court.

 

d)         If the State Disbursement Unit receives a support payment that was not appropriately made to the Unit, the State Disbursement Unit shall return the payment to the sender within two business days after receipt, including, if possible, instructions detailing where to send the support payments.

 

e)         Support payments that are appropriately made to the State Disbursement Unit shall be disbursed in accordance with the provisions on distribution of support collections in this Subpart F.

 

(Source:  Added at 24 Ill. Reg. 3808, effective February 25, 2000)

 

Section 160.100  Distribution of Child Support for TANF Recipients

 

a)         For the purposes of distribution under this Section, amounts collected shall be treated first as payment on the required support obligation for the month in which the child support was collected and if any amounts are collected which are in excess of such amount, these excess amounts shall either be treated as amounts which represent payment on the required support obligation for previous months, or shall be applied to future obligations, if there are no outstanding obligations.  "Date of collection" shall be as defined in Section 160.5.

 

b)         In accordance with 305 ILCS 5/4-1.6, all child support collected on behalf of a family shall be passed through to the family and disregarded in determining the amount of the assistance grant provided to the family.

 

c)         If an amount collected as support represents payment on the required support obligation for future months, the amount collected shall be applied to future months.  However, no such amounts shall be applied to future months unless amounts have been collected that fully satisfy the support obligation assigned for the current month and all past months.

 

(Source:  Amended at 48 Ill. Reg. 10266, effective July 1, 2024)

 

Section 160.110  Distribution of Child Support for Former AFDC or TANF Recipients Who Continue to Receive Child Support Services

 

Upon cancellation of TANF or AFDC, a client's assignment of support ceases (see Section 160.20). Any unpaid support that accrued during the period of assignment shall be due to the client, and child support payments received shall be distributed as follows:

 

a)         Current Support:  The client is entitled to receive an amount of money equal to the monthly support obligation amount that is collected for current support.

 

b)         Past Support:  Any amount in excess of the current support obligation is first applied to past support owed the client and sent to the client.

 

c)         Future Support:  If an amount collected as support represents payment on the required support obligation for future months, the amount collected shall be applied to future months and sent to the client in the future months for which it will be due, except when the collection was the result of a federal income tax refund intercept.  In any collection resulting from a federal income tax refund intercept, distribution will be applied in accordance with Section 160.130.  If no future support is due, the excess shall be refunded to the responsible relative.

 

(Source:  Amended at 48 Ill. Reg. 10266, effective July 1, 2024)

 

Section 160.120  Distribution of Child Support Collected While the Client Was an AFDC or TANF Recipient, But Not Yet Distributed at the Time the AFDC or TANF Case Is Cancelled

 

Child support payments received in a month in which a client is a current AFDC or TANF recipient, but which have not been distributed when the client's AFDC or TANF case is cancelled shall be distributed in accordance with Section 160.100.

 

(Source:  Amended at 48 Ill. Reg. 10266, effective July 1, 2024)

 

Section 160.130  Distribution of Intercepted Federal Income Tax Refunds

 

The Department shall as promptly as possible apply collections it receives as a result of intercept of federal income tax refunds only against the past-due support amount specified in the advance notice provided the responsible relative (see Section 160.70(c)(3)).

 

a)         Federal income tax refunds shall be applied first to satisfy any IV-D AFDC, IV-D TANF or IV-E foster care assigned past-due support and then to satisfy any IV-D non-TANF past-due support.

 

b)         The Department shall send payments made to a IV-D client or DCFS as a result of the intercept of federal or State income tax refunds and other State payments within 30 calendar days after initial receipt by the Department, except as described in subsections (c) and (d) of this Section.

 

c)         When a responsible relative initiates the review process under Section 160.70(b)(3)(C) between the date of the tax refund intercept and the date the Department disburses the intercepted funds or the 30^th calendar day after the Department's initial receipt of those funds, whichever first occurs, the State Disbursement Unit shall send any funds determined to be due the IV-D client or DCFS within 15 calendar days after the review process concludes.

 

d)         If the Department is notified by the federal Office of Child Support Enforcement that an intercept to satisfy IV-D non-TANF past-due support is being made from a refund based on a joint return, the Department may delay distribution of the federal tax refund intercept until it is notified that the unobligated spouse's proper share of the refund has been paid or for a period not to exceed six months from notification of the intercept, whichever first occurs.

 

(Source:  Amended at 33 Ill. Reg. 591, effective January 5, 2009)

 

Section 160.132  Distribution of Child Support for Non-TANF Clients

 

Child support payments which are received on behalf of a client who has never been an AFDC or TANF recipient shall be distributed in accordance with the timeframes and provisions of subsections (a) through (c) below.

 

a)         Current support:  The Non-Assistance client is entitled to receive an amount of money equal to the monthly support obligation amount that is collected for current support.  The entire amount of the current support collected shall be sent to the client within two business days after the date of initial receipt in the State.

 

b)         Past support:  Any amount in excess of the current support obligation is applied to past support owed the non-TANF client and shall be sent to the client within two business days after the date of initial receipt in the State.

 

c)         Future support:  If an amount collected as support represents payment on the required support obligation for future months, the amount collected shall be applied to future months and shall be sent to the client within two business days after the date of the initial receipt in the State.

 

(Source:  Amended at 24 Ill. Reg. 3808, effective February 25, 2000)

 

Section 160.134  Distribution of Child Support for Intergovernmental Cases

 

Child support payments which are received on behalf of an initiating agency shall be forwarded to the initiating agency within two business days after the date of initial receipt in this State.

 

(Source:  Amended at 36 Ill. Reg. 1531, effective January 23, 2012)

 

Section 160.136  Distribution of Support Collected in IV-E Foster Care Maintenance Cases

 

a)         For purposes of distribution under this Section, amounts collected in IV-E foster care maintenance cases shall be treated in accordance with the provision of Section 160.100(a).

 

b)         The amounts collected as support on behalf of children for whom the State is making IV-E foster care maintenance payments and for whom an assignment is effective shall be distributed as follows:

 

1)         Reimbursement of current IV-E foster care maintenance:  The amount of child support that is collected in a month which represents payment on the required support obligation for that month shall be forwarded to DCFS and retained by DCFS to reimburse itself for IV-E foster care maintenance payments.

 

2)         Current excess:  If the amount of child support collected in a month on behalf of a foster care dependent is in excess of the monthly amount of the IV-E foster care maintenance payment but not more than the monthly support obligation, the State Disbursement Unit shall pay, within 15 business days after the end of the month in which the support was initially received in the State, the excess to DCFS which will use the money in the best interests of the child.

 

3)         Reimbursement of past IV-E foster care maintenance:  If the amount of child support collected in a month on behalf of a foster care dependent exceeds the amount required to be distributed under subsections (b)(1) and (2), but not the total unreimbursed IV-E foster care maintenance payments, DCFS shall retain any such excess as reimbursement for these payments.  If IV-E foster care maintenance payments are greater than the total support obligation owed, the maximum amount DCFS may retain as reimbursement for such payments is the amount of such obligation.  If amounts are collected which represent the required support obligation for periods prior to the first month in which the family received IV-E foster care maintenance payments, such amounts may be retained by DCFS to reimburse the difference between such support obligation and such payments.

 

4)         Past excess:  If the amount of child support collected in a month on behalf of a foster care dependent is in excess of the amount required to be distributed pursuant to subsections (b)(1) through (3), such excess shall be paid by the State Disbursement Unit within 15 business days after the end of the month in which the support was initially received in the State to DCFS and used in the best interests of the child.

 

5)         Future support:  If an amount collected as support represents payment on the required support obligation for future months, the amount shall be applied to those future months.  However, no amounts shall be applied to future months unless amounts have been collected which fully satisfy the support obligation assigned for the current and all past months.

 

c)         When DCFS ceases making IV-E foster care maintenance payments, the assignment of support rights terminates except for the amount of any unpaid support that has accrued under the assignment.  The Department shall attempt to collect such unpaid support.  Any collection made by the Department under this subsection shall be distributed in accordance with subsection (b)(3).

 

(Source:  Amended at 48 Ill. Reg. 10266, effective July 1, 2024)

 

Section 160.138  Distribution of Child Support for Medical Assistance No Grant Cases

 

For purposes of distribution under this Section, child support amounts collected in Medical Assistance No Grant Cases, in which the caretaker relative has never received AFDC or TANF payments, shall be treated in accordance with the provisions of Section 160.132.  For Medical Assistance No Grant Cases in which the caretaker relative received AFDC or TANF payments, distribution shall be treated in accordance with the provisions of Section 160.110.

 

(Source:  Amended at 21 Ill. Reg. 16050, effective November 26, 1997)

 

Section 160.140  Quarterly Notice of Child Support Account Activity

 

a)         The Department will send to current TANF recipients, and former AFDC or TANF recipients, a quarterly notice of child support account activity when the following circumstances exist:

 

1)         an IV-D account's receivable has been established;

 

2)         an assignment of support rights is currently in effect or assigned arrearages are owed; and

 

3)         the Department has received a child support payment during the quarter covered by the Notice.

 

b)         The quarterly Notice of Child Support Account Activity shall contain the following information regarding payments collected during the quarter from each non-custodial parent owing a duty of support to the family:

 

1)         the months of the quarter covered by the Notice;

 

2)         the terms of the support order, the child support order number and the beginning date of the support order;

 

3)         the amount of current support collected during each month of the quarter;

 

4)         the amount of arrearages collected during each month of the quarter;

 

5)         the amount of child support interest collected during each month of the quarter;

 

6)         the amount of support, interest or both that was collected and paid to the family for the quarter covered by the Notice;

 

7)         the amount of support, interest or both that was collected and retained by the Department or sent to another state;

 

8)         the account balance of each month during the quarter;

 

9)         the amount of unreimbursed assistance as of the date of the Notice;

 

10)        the means by which a TANF recipient, or a former AFDC or TANF recipient, can obtain additional information concerning his or her child support account and/or:

 

A)        can appeal the Department's distribution of support, in the case of a current TANF recipient; or

 

B)        dispute the distribution of support by requesting an account review, in the case of a former AFDC or TANF recipient.

 

c)         In addition to the information required by subsection (b) of this Section, the Quarterly Notice of Child Support Account Activity sent to former AFDC or TANF recipients shall contain the following:

 

1)         the effective month and year of AFDC or TANF cancellation;

 

2)         the total amount of support due at AFDC or TANF cancellation that remains unpaid under the support order; and

 

3)         the total amount of current support due after AFDC or TANF cancellation that remains unpaid under the support order.

 

d)         In the case of a current TANF recipient, the Quarterly Notice of Child Support Account Activity shall also contain an insert setting forth the Department's policy on earmarking income pursuant to Section 160.90.

 

(Source:  Amended at 32 Ill. Reg. 16805, effective October 6, 2008)

 

Section 160.150  Department Review of Distribution of Child Support for TANF Recipients

 

Any TANF recipient who disagrees with the Department's distribution of child support relating to her Title IV-D account (see Sections 160.100 and 160.130(b)) can appeal in accordance with 89 Ill. Adm. Code 102.80, 102.83 and 102.84 and 104: Subpart A.

 

(Source:  Amended at 21 Ill. Reg. 16050, effective November 26, 1997)

 

Section 160.160  Department Review of Distribution of Child Support for Former AFDC or TANF Recipients

 

a)         A former AFDC or TANF recipient may request an account review at any time and a prior account review decision or reconsidered account review decision shall not act as a bar to review.

 

b)         A written request for account review shall be filed with the Department.  For mailed requests, the date of filing is the date the request is received by the Department, not the postmark date.

 

c)         The Department shall require former AFDC or TANF recipients to provide the following information to request an account review:  

 

1)         the name and address of the former AFDC or TANF recipient,

 

2)         the name(s) of her child(ren),

 

3)         the name(s) of the responsible relative(s) obligated to pay support, and

 

4)         the period for which review is sought.

 

d)         Request for Additional Information

 

1)         The Department may request former AFDC or TANF recipients to provide the following additional information to request an account review, but may not require such information:  

 

A)        support order number,

 

B)        the responsible relative's Social Security number,

 

C)        the former recipient's Social Security number, and

 

D)        the AFDC or TANF case number.

 

2)         If the Department is unable to identify the former AFDC or TANF recipient's IV-D account because the former AFDC or TANF recipient has not provided sufficient information, the Department shall be relieved of having to complete the account review within the timeframes specified in subsections (e) and (f) below.

 

e)         In the event the request for account review seeks review as to current support due and not received during the month of the request and/or the prior month, the Department shall issue an account review decision no later than 30 calendar days after the date of the Department's receipt of the request.

 

f)         If the request for account review seeks review as to support due and not received for a period more than one month prior to the request, the Department shall issue an account review decision no later than 75 calendar days after the date of the Department's receipt of the request.

 

g)         Request for documents

 

1)         At any time after requesting an account review, a former AFDC or TANF recipient may request any document possessed by the Department's Division of Child Support Enforcement (DCSE).  Such documents include but are not limited to:  

 

A)        support orders,

 

B)        all FSIS screens, or

 

C)        other computer records.

 

2)         DCSE shall furnish such documents, except as prohibited by federal law and regulation, within 30 calendar days after its receipt of the request.

 

h)         The Department shall afford former AFDC or TANF recipients who request account reviews the opportunity to submit additional documentary evidence prior to the issuance of the account review decision.

 

i)          An account review decision shall contain the following:  

 

1)         the names of the person requesting review, the children, and the responsible relative(s);

 

2)         calculations made by the Department;

 

3)         appropriate citations to Department policy regarding collection and/or distribution of support;

 

4)         a statement as to whether the former AFDC or TANF recipient is entitled to support funds received by the Department, and if so, the amount of such funds and the date by which funds will be issued to the former AFDC or TANF recipient;

 

5)         the name and office address of the account reviewer;

 

6)         a statement advising that the account review decision is the Department's final decision which is reviewable in state court pursuant to writ of certiorari, unless reconsideration of the account review decision is requested in writing within 30 calendar days by the former AFDC or TANF recipient; and

 

7)         a statement that the former AFDC or TANF recipient may request an explanation of the decision by telephonic inquiry to a toll-free telephone number or in-person at a local office arranged by appointment through the toll-free number.

 

j)          After a former AFDC or TANF recipient receives an account review decision, the former AFDC or TANF recipient may request an explanation of the decision by telephonic inquiry to a toll-free telephone number so that the former AFDC or TANF recipient may receive an explanation of her account review decision by her account reviewer.  If the former AFDC or TANF recipient's account reviewer is unavailable, a former AFDC or TANF recipient will be offered assistance by another account reviewer.

 

k)         After a former AFDC or TANF recipient receives an account review decision, she may request an explanation of the decision by an in-person meeting at her local office with a designated staff member who will be available to explain the account review decision.

 

l)          A former AFDC or TANF recipient has a right to reconsideration of the account review decision.  Reconsideration must be requested by the former AFDC or TANF recipient within 30 calendar days after the date of the account review decision.  Former AFDC or TANF recipients will be advised by the account review decision that they have a right to reconsideration of the account review decision and that they must file a written request for reconsideration.

 

m)        A request for reconsideration must include the former AFDC or TANF recipient's name, case number, date of account review decision, and the reason why the former AFDC or TANF recipient believes that the account review decision is incorrect.  The former AFDC or TANF recipient shall also provide copies of any documentation that she believes that the account reviewer failed to consider in reaching the account review decision.

 

n)         The Department shall issue a reconsideration decision no later than 15 calendar days after the date of the Department's receipt of the request.

 

o)         The reconsideration decision shall include the following:  

 

1)         the names of the person requesting the reconsideration, the children, and the responsible relative(s);

 

2)         a statement that the account reviewer has reviewed the prior documents and decision and has considered any new documentation or statements that have been submitted by the former AFDC or TANF recipient;

 

3)         calculations made by the Department in making the reconsideration and citations to appropriate Department policy if different than policy cited in the original decision;

 

4)         a statement as to whether the original account review decision was correct or incorrect and whether the former AFDC or TANF recipient is entitled to support funds received by the Department, and if so, the amount of such funds and the date by which funds will be issued to the former AFDC or TANF recipient;

 

5)         the name and office address of the account reviewer;

 

6)         a statement advising that the reconsideration decision is the Department's final decision which is reviewable in state court pursuant to writ of certiorari; and

 

7)         a reference to an attached copy of the original account review decision which will be enclosed with the reconsideration decision.

 

p)         Any funds to which a former AFDC or TANF recipient is determined to be entitled as the result of an account review decision or reconsideration of that decision shall be issued within 30 calendar days of the date of the account review decision or reconsideration of that decision.

 

q)         A former AFDC or TANF recipient is entitled to seek review by writ of certiorari of any account review decision and is not required to request reconsideration of such decision prior to filing an action in state court.

 

(Source:  Amended at 21 Ill. Reg. 16050, effective November 26, 1997)

 

Section 160.200  Provision of Services in Intergovernmental IV-D Cases

 

a)         The Department's Central Registry for Intergovernmental IV-D Cases shall receive, transmit, and respond to inquiries on all incoming intergovernmental IV-D cases.

 

b)         Within 10 working days after receipt of an intergovernmental IV-D case, the Central Registry shall:

 

1)         Ensure that the documentation submitted with the case has been reviewed to determine completeness;

 

2)         Forward the case for necessary action either to the State Parent Locator Service for location services or to the appropriate office for processing;

 

3)         Acknowledge receipt of the case and request any missing documentation; and

 

4)         Inform the initiating agency where the case was sent for action.

 

c)         If the documentation received with an incoming case is incomplete and cannot be remedied by the Central Registry without the assistance of the initiating agency, the Central Registry shall forward the case for any action that can be taken pending necessary action by the initiating agency.

 

d)         The Central Registry shall respond to inquiries from initiating agencies within 5 working days after receipt of the request for a case status review.

 

e)         As the responding State IV-D agency, the Department shall:

 

1)         Accept and process an intergovernmental request for services, regardless of whether the initiating agency elected not to use remedies that may be available under the law of that jurisdiction;

 

2)         Within 75 calendar days after receipt of an intergovernmental form and documentation from the Central Registry:

 

A)        Provide location services if the request is for location services or the form or documentation does not include adequate location information on the noncustodial parent;

 

B)        If unable to proceed with the case because of inadequate documentation, notify the initiating agency of the necessary additions or corrections to the form or documentation;

 

C)        If the documentation received with a case is incomplete and cannot be remedied without the assistance of the initiating agency, process the case to the extent possible pending necessary action by the initiating agency;

 

3)         Within 10 working days after locating the noncustodial parent in a different state, the Department shall return the forms and documentation, including the new location, to the initiating agency or, if directed by the initiating agency, forward or transmit the forms and documentation to the Central Registry in the state where the noncustodial parent has been located and notify the Department's Central Registry where the case has been sent;

 

4)         Within 10 working days after locating the noncustodial parent in a different county within the State, forward or transmit the forms and documentation to the appropriate county and notify the initiating agency and the Department's Central Registry of its action;

 

5)         If the initiating agency's request is for a determination of controlling order:

 

A)        Cause a controlling order determination to be made within 30 calendar days after receipt of the request or location of the noncustodial parent, whichever occurs later; and

 

B)        Notify the initiating state agency, the controlling order state and any state where a support order in the case was issued or registered of the controlling order determination and any reconciled arrearages within 30 calendar days after receipt of the determination;

 

6)         Provide any necessary services that it would provide in intrastate IV-D cases, including:

 

A)        Establishing paternity;

 

B)        Establishing a child support obligation;

 

C)        Reporting past-due support to consumer reporting agencies;

 

D)        Processing and enforcing orders referred by an initiating agency, whether pursuant to UIFSA or other legal processes, using appropriate remedies applied in intrastate cases, and submit the case for federal enforcement techniques as the Department determines to be appropriate, such as administrative offset under 31 CFR 285.1 and passport denial;

 

E)           Collecting and monitoring any support payments from the noncustodial parent and forwarding payments to the location specified by the initiating agency.  The Department shall include sufficient information to identify the case, indicate the date of collection, and include the Department's case identifier and locator code, as defined in accordance with instructions issued by the federal Office of Child Support Enforcement; and

 

F)         Reviewing and adjusting child support orders;

 

7)         Provide timely notice to the initiating agency in advance of any court or administrative hearing that may result in establishment or modification of an order;

 

8)         Identify any fees or costs deducted from support payments when forwarding payments to the initiating agency;

 

9)         Within 10 working days after receipt after instructions for case closure from an initiating state agency, stop the Department's income withholding notice and close the intergovernmental IV-D case, unless the Department and the initiating state reach an alternative agreement on how to proceed;

 

10)       Notify the initiating agency when a case is closed; and

 

11)       Pay the costs it incurs in processing intergovernmental IV-D cases as the responding IV-D agency, including the costs of genetic testing.

 

f)         As the initiating Illinois IV-D agency, the Department shall:

 

1)         Determine whether there is a support order or orders in effect in a case using the Federal and State Case Registries, State records, information provided by the recipient of services, and other relevant information available to the Department;

 

2)         Determine in which state a determination of controlling order and reconciliation of arrearages may be made when multiple orders exist;

 

3)         Determine whether the noncustodial parent is in another jurisdiction and whether it is appropriate to use the Department's one-state remedies to establish paternity and establish, modify and enforce a support order, including medical support and income withholding;

 

4)         Within 20 calendar days after completing the actions required in subsections (f)(1) through (3) and, if appropriate, receipt of any necessary information needed to process the case:

 

A)        Seek through intrastate judicial or administrative action, or refer the case to the appropriate responding state IV-D agency, determination of the controlling order and a reconciliation of arrearages if such a determination is necessary; and

 

B)        Refer any intergovernmental IV-D case to the appropriate State Central Registry, Tribal IV-D program, or Central Authority of a country for action, if one-state remedies are not appropriate;

 

5)         Provide the responding agency sufficient, accurate information to act on the case by submitting with each case any necessary documentation and intergovernmental forms required by the responding agency;

 

6)         Within 30 calendar days after receipt of the request for information, provide the responding agency with an updated intergovernmental form and any necessary additional documentation, or notify the responding agency when the information will be provided;

 

7)         Notify the responding agency at least annually, and upon request in an individual case, of interest charges, if any, owed on past-due support under an initiating state order being enforced in the responding jurisdiction;

 

8)         Submit all past-due support amounts owed in IV-D cases that meet the certification requirements under Section 160.70(b) for federal tax refund intercept;

 

9)         Send a request for review of a child support order to another state in accordance with the provisions of Section 160.65(j);

 

10)       Distribute and disburse any support collections received in accordance with the provisions of Subpart F;

 

11)       Notify the responding agency within 10 working days after case closure that the Department has closed its case pursuant to the provisions of 45 CFR 303.11 and the basis for case closure;

 

12)       Instruct the responding agency to close its interstate case and to stop any withholding order or notice the responding agency has sent to an employer before the Department transmits a withholding notice, with respect to the same case, to the same or another employer unless the Department and the responding agency reach an alternative agreement on how to proceed; and

 

13)       If the Department has closed its case pursuant to at 45 CFR 303.11 and has not notified the responding agency to close its corresponding case, make a diligent effort to locate the obligee, including use of the Federal Parent Locator Service and the State Parent Locator Service, and accept, distribute and disburse any payment received from a responding agency.

 

g)         General responsibilities.  The Department shall:

 

1)         Periodically review program performance or intergovernmental IV-D cases to evaluate effectiveness of procedures established under this Section;

 

2)         Use federally-approved forms in intergovernmental IV-D cases, unless a country has provided alternative forms as part of its chapter in the federal publication titled A Caseworker's Guide to Processing Cases with Foreign Reciprocating Countries.  The Department shall provide the number of complete sets of required documents needed by the responding agency, if one is not sufficient under the responding agency's law;

 

3)         Transmit requests for information and provide requested information electronically to the greatest extent possible;

 

4)         Within 30 working days after receiving a request, provide any order and payment record information requested by a state IV-D agency for a controlling order determination and reconciliation of arrearages, or notify the state IV-D agency when the information will be provided;

 

5)         Notify the other agency within 10 working days after receipt of new information on an intergovernmental case;

 

6)         Cooperate with requests for the following limited services:

 

A)        Quick locate;

 

B)        Service of process;

 

C)        Assistance with genetic testing;

 

D)        Teleconferenced hearings;

 

E)        Administrative reviews;

 

F)         High-volume automated administrative enforcement in interstate cases under Section 160.70(i); and

 

G)        Providing copies of court and administrative orders and payment records;

 

7)         Within 5 days, exclusive of Saturdays, Sundays and legal holidays, after receipt of notice in a record from an initiating, responding or registering tribunal, send a copy of the notice to the petitioner; and

 

8)         Within 5 days, exclusive of Saturdays, Sundays and legal holidays, after receipt of communication in a record from the respondent or the respondent's attorney, send a copy of the communication to the petitioner.

 

h)         The provisions for Registration and Modification of Foreign Child-Support Order contained in Section 616 of the Uniform Interstate Family Support Act (UIFSA) [750 ILCS 22/616] shall apply to this Section.

 

i)          Support Proceeding Under Convention

 

1)         The definitions contained in UIFSA Section 701 shall apply to this Section.

 

2)         This subsection (i) applies only to a support proceeding under the Convention.  In such a proceeding, if a provision of this subsection (i) is inconsistent with subsections (a) through (h) of this Section, this subsection (i) controls.

 

3)         The Department is recognized as the agency designated by the United States central authority (i.e., the U.S. Department of State) to perform specific functions under the Convention.

 

4)         Initiation by the Department of a support proceeding under the Convention

 

A)        In a support proceeding, the Department shall:

 

i)          transmit and receive applications; and

 

ii)         initiate or facilitate the institution of a proceeding regarding an application in a tribunal of this State.

 

B)        The following support proceedings are available to an obligee under the Convention:

 

i)          recognition or recognition and enforcement of a foreign support order;

 

ii)         enforcement of a support order issued or recognized in this State;

 

iii)        establishment of a support order if there is no existing order, including, if necessary, determination of parentage of a child;

 

iv)        establishment of a support order if recognition of a foreign support order is refused under the provisions of subsection (i)(7);

 

v)         modification of a support order of a tribunal of this State; and

 

vi)        modification of a support order of a tribunal of another state or a foreign country.

 

C)        The following support proceedings are available under the Convention to an obligor against which there is an existing support order:

 

i)          recognition of an order suspending or limiting enforcement of an existing support order of a tribunal of this State;

 

ii)         modification of a support order of a tribunal of this State; and

 

iii)        modification of a support order of a tribunal of another state or foreign country.

 

D)        A tribunal of this State may not require security, bond or deposit, however described, to guarantee the payment of costs and expenses in a proceeding under the Convention.

 

5)         Direct Request.  The provisions contained in UIFSA Section 705 shall apply to this subsection (i).

 

A)        A petitioner may file a direct request seeking establishment or modification of a support order or determination of parentage of a child.  In the proceeding, the law of this State applies.

 

B)        A petitioner may file a direct request seeking recognition and enforcement of a support order or support agreement.

 

6)         The provisions for registration of a Convention support order contained in UIFSA Section 706 shall apply to this subsection (i).

 

7)         The provisions for the contest of a registered Convention support order contained in UIFSA Section 707 shall apply to this subsection (i).

 

A)        Except as otherwise provided in UIFSA Article 7, UIFSA Sections 605 through 608 apply to a contest of a registered Convention support order.

 

B)        A party contesting a registered Convention support order shall file a contest not later than 30 days after notice of the registration, but if the contesting party does not reside in the United States, the contest must be filed no later than 60 days after notice of the registration.

 

C)        A contesting party must file in the appropriate tribunal.

 

D)        If the nonregistering party fails to contest the registered Convention support order by the time specified in subsection (i)(7)(B), the order is enforceable.

 

E)        The contesting party bears the burden of proof.

 

F)         In a contest of a registered Convention support order, a tribunal of this State:

 

i)          is bound by the findings of fact on which the foreign tribunal based its jurisdiction; and

 

ii)         may not review the merits of the order.

 

G)        A tribunal of this State deciding a contest of a registered Convention support order shall promptly notify the parties of its decision.

 

H)        A challenge or appeal, if any, does not stay the enforcement of a Convention support order unless there are exceptional circumstances.

 

8)         The provisions for recognition and enforcement of registered Convention support orders contained in UIFSA Sections 708 through 710 shall apply to this subsection (i).

 

9)         The provisions for modification of a Convention child-support order contained in UIFSA Section 711 shall apply to this subsection (i).

 

(Source:  Amended at 41 Ill. Reg. 3338, effective March 7, 2017)