(305 ILCS 5/10-16) (from Ch. 23, par. 10-16)
Sec. 10-16.
Judicial enforcement of court and administrative support
orders. Court orders entered in proceedings under Section 10-10 and court
orders for enforcement of an administrative order under Section 10-15 and
for the payment of money may be enforced by attachment as for contempt
against the persons of the defendants, and in addition, as other judgments
for the payment of money, and costs may be adjudged against the defendants
and apportioned among them; but if the complaint is dismissed, costs shall
be borne by the Illinois Department or the local governmental unit, as the
case may be. If a responsible relative is directed by the Illinois
Department, or the local governmental unit, under the conditions stated in
Section 10-8, to make
support payments directly to the person, or to some person or agency
in his behalf, the court order entered against him under this Section or
Section 10-10 may be enforced as herein provided if he thereafter fails to
furnish support in accordance with its terms. The State of Illinois shall
not be required to make a deposit for or pay any costs or fees of any court
or officer thereof in any proceeding instituted under this Section.
The provisions of the Civil Practice Law,
and all amendments and modifications thereof, shall apply to and govern all
actions instituted under this Section and Section 10-10.
In such actions proof that a person is an applicant for or recipient of
public aid under any Article of this Code shall be prima facie proof that
he is a person in necessitous circumstances by reason of infirmity,
unemployment or other cause depriving him of the means of a livelihood
compatible with health and well-being.
Payments under this Section to the Illinois Department pursuant to the
Child Support Enforcement Program established by Title IV-D of the Social
Security Act shall be paid into the Child Support Enforcement Trust Fund.
All payments under this Section to the Illinois Department of Human
Services shall be deposited in the DHS Recoveries
Trust Fund. Disbursements from these funds shall be as provided in Sections
12-9.1 and 12-10.2 of this Code. Payments received by a local
governmental unit shall be deposited in that unit's General Assistance Fund.
In addition to the penalties or punishment that may be imposed under this
Section, any person whose conduct constitutes a violation of Section 15 of the
Non-Support Punishment Act may be prosecuted
under that Act,
and
a person convicted under that Act may be sentenced in
accordance with that
Act. The sentence may include but need not be limited to a
requirement
that the person
perform community service under Section 50 of that
Act or
participate in a work alternative program under Section 50 of that
Act. A person may not be required to participate in a work
alternative
program under Section 50 of that Act if
the person is currently
participating in a work program pursuant to Section 10-11.1 of this Code.
To the extent the provisions of this Section are inconsistent with the
requirements pertaining to the State Disbursement Unit under Sections 10-10.4
and 10-26 of this Code, the requirements pertaining to the State Disbursement
Unit shall
apply.
(Source: P.A. 91-24, eff. 7-1-99; 91-212, eff.
7-20-99; 92-16, eff. 6-28-01.)
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