Illinois Compiled Statutes
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305 ILCS 5/10-11
(305 ILCS 5/10-11)
(from Ch. 23, par. 10-11)
In lieu of actions for court
enforcement of support under Section 10-10, the Child and Spouse Support
Unit of the Illinois Department, in accordance with the rules of the
Illinois Department, may issue an administrative order requiring the
responsible relative to comply with the terms of the determination and
notice of support due, determined and issued under Sections 10-6 and 10-7.
The Unit may also enter an administrative order under subsection (b) of
Section 10-7. The administrative order shall be served upon the
responsible relative by United States registered or certified mail.
In cases in which the responsible relative appeared at the office of the
and Spouse Support Unit in response to the notice of support obligation
issued under Section 10-4, however, or in cases of default in which the notice
was served on the responsible relative by certified mail, return receipt
requested, or by
method provided by law for service of summons, the administrative
determination of paternity or administrative support order may be sent to the
responsible relative by ordinary mail addressed to the responsible relative's
last known address.
If a responsible relative or a person receiving child support
enforcement services under this Article fails to petition the Illinois
release from or modification of the administrative order, as provided in
Section 10-12 or Section 10-12.1, the order shall become final and there
shall be no further
administrative or judicial remedy. Likewise a decision by the Illinois
Department as a result of an administrative hearing, as provided in
Sections 10-13 to 10-13.10, shall become final and enforceable if not
judicially reviewed under the Administrative Review Law, as provided in
Any new or existing support order entered by the Illinois Department
under this Section shall be deemed to be a series of judgments against the
person obligated to pay support thereunder, each such judgment to be in the
amount of each payment or installment of support and each such judgment to
be deemed entered as of the date the corresponding payment or installment
becomes due under the terms of the support order. Each such judgment
shall have the full force, effect and attributes of any other judgment of
this State, including the ability to be enforced. Any such judgment is
subject to modification or termination only in accordance with Section 510
of the Illinois Marriage and Dissolution of Marriage Act.
Notwithstanding any other State or local law to the contrary, a lien arises by operation of law against the real and personal property of
the noncustodial parent for each
installment of overdue support owed by the noncustodial parent.
An order for support shall include a date on which the current support obligation terminates. The 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. Nothing in this paragraph shall be construed to prevent modification of the order by the Department.
If there is an unpaid arrearage or delinquency (as those terms are defined in the Income Withholding for Support Act) 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. That periodic payment shall be in addition to any periodic payment previously required for satisfaction of the arrearage or delinquency. The total periodic amount to be paid toward satisfaction of the arrearage or delinquency may be enforced and collected by any method provided by law for the enforcement and collection of child support, including but not limited to income withholding under the Income Withholding for Support Act. Each order for support entered or modified on or after the effective date of this amendatory Act of the 93rd General Assembly must contain a statement notifying the parties of the requirements of this paragraph. Failure to include the statement in the order for support does not affect the validity of the order or the operation of the provisions of this paragraph with regard to the order. This paragraph shall not be construed to prevent or affect the establishment or modification of an order for the support of a minor child or the establishment or modification of an order for the support of a non-minor child or educational expenses under Section 513 of the Illinois Marriage and Dissolution of Marriage Act.
An order for support shall include a date on which the support obligation
terminates. The termination date shall be no earlier than the date on which
the child covered by the order will attain the age of 18. However, if the
child will not graduate from high school until after attaining the age of 18,
then the termination date shall be no earlier than the earlier of the date that
the child's graduation will occur or the date on which the child will attain
the age of 19. The order for support shall state that the termination date
does not apply to any arrearage that may remain unpaid on that date. Nothing
in this paragraph shall be construed to prevent the Illinois Department from
modifying the order or terminating the order in the event the child is
(Source: P.A. 97-186, eff. 7-22-11.)