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1 | AN ACT concerning child support.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Public Aid Code is amended by | ||||||
5 | changing Sections 10-1 and 10-16.5 and by adding Section | ||||||
6 | 10-15.1 as follows:
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7 | (305 ILCS 5/10-1) (from Ch. 23, par. 10-1)
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8 | Sec. 10-1. Declaration of Public Policy - Persons Eligible | ||||||
9 | for Child Support
Enforcement Services - Fees for | ||||||
10 | Non-Applicants and
Non-Recipients.) It is the intent of this | ||||||
11 | Code that the financial aid
and social welfare services herein | ||||||
12 | provided supplement rather than
supplant the primary and | ||||||
13 | continuing obligation of the family unit for
self-support to | ||||||
14 | the fullest extent permitted by the resources available
to it. | ||||||
15 | This primary and continuing obligation applies whether the | ||||||
16 | family
unit of parents and children or of husband and wife | ||||||
17 | remains intact and
resides in a common household or whether the | ||||||
18 | unit has been broken by
absence of one or more members of the | ||||||
19 | unit. The obligation of the
family unit is particularly | ||||||
20 | applicable when a member is in necessitous
circumstances and | ||||||
21 | lacks the means of a livelihood compatible with health
and | ||||||
22 | well-being.
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23 | It is the purpose of this Article to provide for locating |
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1 | an absent
parent or spouse, for determining his financial | ||||||
2 | circumstances, and for
enforcing his legal obligation of | ||||||
3 | support, if he is able to furnish
support, in whole or in part. | ||||||
4 | The Department of Healthcare and Family Services shall give
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5 | priority to establishing, enforcing
and collecting the current | ||||||
6 | support obligation, and then to past due support
owed to the | ||||||
7 | family unit, except with respect to collections effected
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8 | through the intercept programs provided for in this Article.
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9 | The child support enforcement services provided hereunder
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10 | shall be
furnished dependents of an absent parent or spouse who | ||||||
11 | are applicants
for or recipients of financial aid under this | ||||||
12 | Code. It is not,
however, a condition of eligibility for | ||||||
13 | financial aid that there be no
responsible relatives who are | ||||||
14 | reasonably able to provide support. Nor,
except as provided in | ||||||
15 | Sections 4-1.7 and 10-8, shall the existence of
such relatives | ||||||
16 | or their payment of support contributions disqualify a
needy | ||||||
17 | person for financial aid.
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18 | By accepting financial aid under this Code, a spouse or a | ||||||
19 | parent or
other person having custody of a child shall be | ||||||
20 | deemed to have made
assignment to the Illinois Department for | ||||||
21 | aid under Articles III, IV,
V and VII or to a local | ||||||
22 | governmental unit for aid under Article VI of
any and all | ||||||
23 | rights, title, and interest in any support obligation, | ||||||
24 | excluding including statutory interest thereon, up to
the | ||||||
25 | amount of financial aid provided. The rights to support | ||||||
26 | assigned to
the Department of Healthcare and Family Services |
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1 | (formerly
Illinois Department of Public Aid) or local | ||||||
2 | governmental unit shall
constitute an
obligation owed the State | ||||||
3 | or local governmental unit by the person who
is responsible for | ||||||
4 | providing the support, and shall be collectible under
all | ||||||
5 | applicable processes.
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6 | The Department of Healthcare and Family Services shall also | ||||||
7 | furnish the child support enforcement services established | ||||||
8 | under this Article in
behalf of persons who
are not applicants | ||||||
9 | for or recipients of financial aid
under this Code in | ||||||
10 | accordance with the requirements of Title IV, Part D of the
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11 | Social Security Act. The Department may
establish a schedule of | ||||||
12 | reasonable fees, to be paid for the services
provided and may | ||||||
13 | deduct a collection fee, not to exceed 10% of the amount
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14 | collected, from such collection.
The
Department of Healthcare | ||||||
15 | and Family Services shall cause to be published and
distributed | ||||||
16 | publications
reasonably calculated to inform the public that | ||||||
17 | individuals who are not
recipients of or applicants for public | ||||||
18 | aid under this Code are eligible
for the child support | ||||||
19 | enforcement services under this
Article X. Such
publications
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20 | shall set forth an explanation, in plain language, that the | ||||||
21 | child
support enforcement services program is independent of | ||||||
22 | any public
aid program under the Code and that the receiving of | ||||||
23 | child
support
enforcement services in no way implies that the | ||||||
24 | person
receiving such services is receiving
public aid.
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25 | (Source: P.A. 94-90, eff. 1-1-06; 95-331, eff. 8-21-07.)
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1 | (305 ILCS 5/10-15.1 new) | ||||||
2 | Sec. 10-15.1. Judicial registration of administrative | ||||||
3 | support orders. | ||||||
4 | (a) An administrative support order established by the | ||||||
5 | Illinois Department under this Article X may be registered in | ||||||
6 | the appropriate circuit court of this State by the Department | ||||||
7 | or by a party to the order by filing: | ||||||
8 | (1) Two copies, including one certified copy of the | ||||||
9 | order to be registered, and any modification of the | ||||||
10 | administrative support order. | ||||||
11 | (2) A sworn statement by the person requesting | ||||||
12 | registration or a certified copy of the Department payment | ||||||
13 | record showing the amount of any past due support accrued | ||||||
14 | under the administrative support order. | ||||||
15 | (3) The name of the obligor and, if known, the | ||||||
16 | obligor's address and social security number. | ||||||
17 | (4) The name of the obligee and the obligee's address, | ||||||
18 | unless the obligee alleges in an affidavit or
pleading | ||||||
19 | under oath that the health, safety, or liberty of the | ||||||
20 | obligee or child would be jeopardized by disclosure of | ||||||
21 | specific identifying information, in which case that | ||||||
22 | information must be sealed and may not be disclosed to the | ||||||
23 | other party or public. After a hearing in which the court | ||||||
24 | takes into consideration the health, safety, or liberty of | ||||||
25 | the party or child, the court may order disclosure of | ||||||
26 | information that the court determines to be in the interest |
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1 | of justice. | ||||||
2 | (b) The filing of an administrative support order under | ||||||
3 | subsection (a) constitutes registration
with the circuit | ||||||
4 | court. | ||||||
5 | (c) On receipt of a request for registration the circuit | ||||||
6 | court shall cause the administrative support order to be filed | ||||||
7 | in the court's registry of administrative support orders. | ||||||
8 | (d) A petition or comparable pleading seeking a remedy that | ||||||
9 | must be affirmatively sought under other law of this State may | ||||||
10 | be filed at the same time as the request for registration or | ||||||
11 | later. The pleading must specify the grounds for the remedy | ||||||
12 | sought. | ||||||
13 | (e) When an administrative support order is registered, the | ||||||
14 | court shall notify the nonregistering party and the Illinois | ||||||
15 | Department, unless the Department is requesting registration | ||||||
16 | of its order. The notice must be accompanied by a copy of the | ||||||
17 | registered administrative support order and the documents and | ||||||
18 | relevant information accompanying the order. | ||||||
19 | (f) A notice of registration of an administrative support | ||||||
20 | order must provide the following information: | ||||||
21 | (1) That a registered administrative order is | ||||||
22 | enforceable in the same manner as an order for
support | ||||||
23 | issued by the circuit court. | ||||||
24 | (2) That a hearing to contest the validity or | ||||||
25 | enforcement of the registered administrative support
order | ||||||
26 | must be requested within 20 days after the date of mailing |
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1 | or personal service of the notice. | ||||||
2 | (3) That failure to contest, in a timely manner, the | ||||||
3 | validity or enforcement of the registered administrative | ||||||
4 | support
order shall result in confirmation of the order and | ||||||
5 | enforcement of the order and the alleged arrearages and | ||||||
6 | precludes further contest of that order with respect to any | ||||||
7 | matter that could have been asserted. | ||||||
8 | (4) The amount of any alleged arrearages. | ||||||
9 | (g) A nonregistering party seeking to contest the validity | ||||||
10 | or enforcement of a registered
administrative support order | ||||||
11 | shall request a hearing within 20 days after the date of | ||||||
12 | mailing or personal
service of notice of the registration. The | ||||||
13 | nonregistering party may seek to vacate the registration, to
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14 | assert any defense to an allegation of noncompliance with the | ||||||
15 | registered administrative support order,
or to contest the | ||||||
16 | remedies being sought or the amount of any alleged arrearages. | ||||||
17 | (h) If the nonregistering party fails to contest the | ||||||
18 | validity or enforcement of the registered
administrative | ||||||
19 | support order in a timely manner, the order shall be confirmed | ||||||
20 | by operation of law. | ||||||
21 | (i) If a nonregistering party requests a hearing to contest | ||||||
22 | the validity or enforcement of the
registered administrative | ||||||
23 | support order, the circuit court shall schedule the matter for | ||||||
24 | hearing and give
notice to the parties and the Illinois | ||||||
25 | Department of the date, time, and place of the hearing. | ||||||
26 | (j) A party contesting the validity or enforcement of a |
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1 | registered administrative support order or seeking to vacate | ||||||
2 | the registration has the burden of proving one or more of the | ||||||
3 | following defenses: | ||||||
4 | (1) The Illinois Department lacked personal | ||||||
5 | jurisdiction over the contesting party. | ||||||
6 | (2) The administrative support order was obtained by | ||||||
7 | fraud. | ||||||
8 | (3) The administrative support order has been vacated, | ||||||
9 | suspended, or modified by a later order. | ||||||
10 | (4) The Illinois Department has stayed the | ||||||
11 | administrative support order pending appeal. | ||||||
12 | (5) There is a defense under the law to the remedy | ||||||
13 | sought. | ||||||
14 | (6) Full or partial payment has been made. | ||||||
15 | (k) If a party presents evidence establishing a full or | ||||||
16 | partial payment defense under subsection (j), the court may | ||||||
17 | stay enforcement of the registered order, continue the | ||||||
18 | proceeding to permit production of additional relevant | ||||||
19 | evidence, and issue other appropriate orders. An uncontested | ||||||
20 | portion of the registered administrative support order may be | ||||||
21 | enforced by all remedies available under State law. | ||||||
22 | (l) If a contesting party does not establish a defense | ||||||
23 | under subsection (j) to the validity or enforcement of the | ||||||
24 | administrative support order, the court shall issue an order | ||||||
25 | confirming the administrative support order. Confirmation of | ||||||
26 | the registered administrative support order, whether by |
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1 | operation of law or after notice and hearing, precludes further | ||||||
2 | contest of the order with respect to any matter that could have | ||||||
3 | been asserted at the time of registration. Upon confirmation, | ||||||
4 | the registered administrative support order shall be treated in | ||||||
5 | the same manner as a support order entered by the circuit | ||||||
6 | court.
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7 | (305 ILCS 5/10-16.5)
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8 | Sec. 10-16.5. Interest on support obligations. A support | ||||||
9 | obligation, or
any portion of a support obligation, which | ||||||
10 | becomes due and remains unpaid as of the end of each month, | ||||||
11 | excluding the child support that was due for that month to the | ||||||
12 | extent that it was not paid in that month,
shall accrue simple | ||||||
13 | interest as set forth in Section 12-109 of the Code of Civil | ||||||
14 | Procedure.
An order for support entered or modified on or after | ||||||
15 | January 1, 2006 shall
contain a statement that a support | ||||||
16 | obligation required under the order, or any
portion of a | ||||||
17 | support obligation required under the order, that becomes due | ||||||
18 | and
remains unpaid as of the end of each month, excluding the | ||||||
19 | child support that was due for that month to the extent that it | ||||||
20 | was not paid in that month, shall accrue simple interest as set | ||||||
21 | forth in Section 12-109 of the Code of Civil Procedure. Failure | ||||||
22 | to include the statement in the order for support does
not | ||||||
23 | affect the validity of the order or the accrual of interest as | ||||||
24 | provided in
this Section.
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25 | Beginning with the effective date of this amendatory Act of |
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1 | the 97th General Assembly, and notwithstanding any other law to | ||||||
2 | the
contrary, the Illinois Department shall have no further | ||||||
3 | duty or authority to enforce and collect interest accrued on | ||||||
4 | support obligations established under this Code or under any | ||||||
5 | other law, including any interest on support accrued and deemed | ||||||
6 | to have been assigned to the State under previous law. | ||||||
7 | (Source: P.A. 94-90, eff. 1-1-06.)
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8 | Section 10. The Code of Civil Procedure is amended by | ||||||
9 | changing Section 12-109 as follows:
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10 | (735 ILCS 5/12-109) (from Ch. 110, par. 12-109)
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11 | Sec. 12-109. Interest on judgments. | ||||||
12 | (a) Every judgment except those
arising by operation of law | ||||||
13 | from child support orders shall bear interest
thereon as | ||||||
14 | provided in Section 2-1303. | ||||||
15 | (b) Every judgment arising by
operation of law from a child | ||||||
16 | support order shall bear interest as provided
in this | ||||||
17 | subsection. The interest on judgments arising by operation of | ||||||
18 | law from child support orders shall be calculated by applying | ||||||
19 | one-twelfth of the current statutory interest rate as provided | ||||||
20 | in Section 2-1303 to the unpaid child support balance as of the | ||||||
21 | end of each calendar month. The unpaid child support balance at | ||||||
22 | the end of the month is the total amount of child support | ||||||
23 | ordered, excluding the child support that was due for that | ||||||
24 | month to the extent that it was not paid in that month and |
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1 | including judgments for retroactive child support, less all | ||||||
2 | payments received and applied as set forth in this subsection. | ||||||
3 | The accrued interest shall not be included in the unpaid child | ||||||
4 | support balance when calculating interest at the end of the | ||||||
5 | month. The unpaid child support balance as of the end of each | ||||||
6 | month shall be determined by calculating the current monthly | ||||||
7 | child support obligation and applying all payments received for | ||||||
8 | that month, except federal income tax refund intercepts, first | ||||||
9 | to the current monthly child support obligation and then | ||||||
10 | applying any payments in excess of the current monthly child | ||||||
11 | support obligation to the unpaid child support balance owed | ||||||
12 | from previous months. The current monthly child support | ||||||
13 | obligation shall be determined from the document that | ||||||
14 | established the support obligation. Federal income tax refund | ||||||
15 | intercepts and any payments in excess of the current monthly | ||||||
16 | child support obligation shall be applied to the unpaid child | ||||||
17 | support balance. Any payments in excess of the current monthly | ||||||
18 | child support obligation and the unpaid child support balance | ||||||
19 | shall be applied to the accrued interest on the unpaid child | ||||||
20 | support balance. Interest on child support obligations may be | ||||||
21 | collected by any means available under State law for the | ||||||
22 | collection of child support judgments federal and State laws, | ||||||
23 | rules, and regulations providing for the collection of child | ||||||
24 | support .
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25 | (Source: P.A. 94-90, eff. 1-1-06.)
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26 | Section 99. Effective date. This Act takes effect upon |
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1 | becoming law.
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