(305 ILCS 5/10-17.9)
Sec. 10-17.9. Past due support information to State Department of Revenue.
(a) The Illinois Department may provide by rule for certification to the
Illinois Department of Revenue of past due support owed by responsible
relatives under a support order entered by a court or administrative body of
this or any other State on behalf of resident or non-resident persons. The
rule shall provide for notice to and an opportunity to be heard by each
responsible relative affected. Any final administrative decision rendered by
the Department shall be reviewed only under and in accordance with the
Administrative Review Law. A responsible relative may avoid certification to
the Illinois Department of Revenue by establishing a satisfactory repayment
record as determined by the Illinois Department of Healthcare and Family Services.
(b) A certified past due support amount shall be final. The certified
amount shall be payable to the Illinois Department of Revenue upon written
notification of the certification to the responsible relative by the Illinois
Department of Revenue.
(c) In the event a responsible relative overpays pursuant to collection
under this Section and the applicable Sections of the Illinois Income Tax Act,
the overpayment shall be a credit against future support obligations. If the
current support obligation of the responsible relative has terminated under
operation of law or court order, any moneys overpaid but still in the
possession of the Department shall be promptly returned to the responsible
relative.
(d) Except as otherwise provided in this Article, any child support
delinquency certified to the Illinois Department of Revenue shall be treated as
a child support delinquency for all other purposes, and any collection action
by the State's Attorney or the Illinois Department of Revenue with respect to
any delinquency certified under this Article shall have the same priority
against attachment, execution, assignment, or other collection action as is
provided by any other provision of State law.
(e) Any child support delinquency collected by the Illinois Department of
Revenue, including those amounts that result in overpayment of a child support
delinquency, shall be paid to the State Disbursement Unit established under
Section 10-26.
(Source: P.A. 95-331, eff. 8-21-07.)
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