Illinois State Law
1. General Program-At-A-Glance
| 1. How many local child support offices are in your state excluding agencies with cooperative agreements? |
| Illinois is a Single Separate Organizational Unit with eleven Regional Offices (i.e. Aurora, Belleville, Champaign, Cook Central, Cook Southern, Cook Intergovernmental, Joliet, Marion, Peoria, Rockford and Springfield). |
| 2. What is the name of your IV-D agency? |
| Illinois Department of Healthcare and Family Services |
| 3. Is your state administrative, judicial, or a combination of both? In particular, does your state primarily use judicial or administrative procedures to establish and/or enforce support orders? Please describe. |
|
Combination of both. Primarily judicial
For Additional Information - No Link Provided |
| 4. Does your state use the following applications: EDE, CSENET, QUICK? |
| Yes |
2. Duration Of Support
| 1. What is the duration of support in your state? Include the age of majority when the support obligation ends in the absence of other factors. Include your state's statutory citation(s). |
|
Age 18 or Under Illinois law the duty to support ends at the age of 18 unless the child is attending high school or the support order stipulates a different age. Illinois extends support to age 19 if in High School and documentation is received. 755 ILCS 5/11-1 and 750 ILCS 5/505.
For Additional Information -
For Additional Information - 
|
| 2. If not addressed in the order, at what age is child support automatically terminated as a matter of state law? Qualify, if necessary. |
|
Under Illinois law the duty to support ends at the age of 18 unless the child is attending high school or the support order stipulates a different age. Illinois extends support to age 19 if in High School and documentation is received.
For Additional Information - No Link Provided |
| 3. Does the date of the order determine the law that is applied to the duration of support? If yes, describe. |
|
No
For Additional Information - No Link Provided |
| 4. Does your state law allow support to be paid beyond the age of majority under certain circumstances (for example, if the child has a disability or is in college)? If yes, describe. |
|
Yes, Illinois extends support to age 19 if in High School and documentation is received. By court order, support can be extended due to a disability.
For Additional Information - No Link Provided |
| 5. What are your state's laws regarding the emancipation of the child that would result in early termination of the child support obligation? Describe. |
|
Citation is 750 ILCS 46/802(l) - effective 01/01/16. Nothing in this subsection shall be construed to prevent the court from modifying the order or terminating the order in the event the child is otherwise emancipated.
For Additional Information - No Link Provided |
| 6. Does child support end if the child no longer lives with the custodial parent but does not emancipate according to state law? For example, the child graduates from high school at 17 and no longer lives with the custodial parent? |
| No unless a motion to terminate support is granted by the court. |
| 7. For orders that include multiple children, does your state automatically reduce the current support owed for remaining children after one of the children in the order reaches the age of majority or otherwise emancipates? If yes, describe. |
| No |
| 8. Does your state provide IV-D services to establish support for a child who is no longer a minor but for whom state law provides post-majority support (for example, if the child has a disability or is in college)? If yes, please describe the specific circumstances. |
| No |
3. Statute Of Limitations
| 1. What is your state's statute of limitations for the collection of past-due support? |
|
In accordance with 735 ILCS 5?12-108, eff 07/01/97, child support judgements, including those arising by operation of law, may be enforced at any time. However, it cannot be applied retroactively. Prior to 07/01/97, the law limited enforcement of pass-due child support judgements that expired prior to 07/01/97 may not be enforced under 735 ILCS 5/12-108.
For Additional Information -
|
| 2. What is your state's statute of limitations for the establishment of paternity/parentage? Please explain. |
|
Generally, two years after the age of majority. However, the time during which any party is not subject to service of process or is otherwise not subject to the jurisdiction of the courts of this State shall toll the running of the statute. See 750 ILCS 46/607-609.
For Additional Information -
|
| 3. Is dormancy revival/renewal possible? If yes, under what circumstances and for how long? |
|
No
For Additional Information - No Link Provided |
4. Support Details
| 1. What guideline type or method does your state use to calculate child support (for example, Income Shares Model, Percentage of Income Model, Melson Formula)? |
|
Shared Income Model: Illinois Shared Income Model will commence on July 1, 2017.
For Additional Information -
For Additional Information -
|
| 2. Does your state have any statute(s) addressing interest on arrears? If yes, indicate the amount of interest charged, any related conditions, and the statutory citation. |
|
Yes, However, effective 01/01/2021, HFS will only be involved in the calculation, establishment, and enforcement of interest for those IV-D cases meeting the criteria contained in 89 Illinois Administrative Code Section 160.89. The CP must submit a written request, and if Illinois is the responding jurisdiction, the initiating jurisdiction should provide the written request along with a Transmittal #2 requesting an interest adjudication review. The parties may always pursue interest on their own. A support obligation, or any portion of a support obligation, which becomes due and remains unpaid for 30 days or more shall accrue interest at the rate of 9% per annum.
For Additional Information -
For Additional Information -
|
| 3. Does your state's IV-D agency calculate interest on arrears? If yes, indicate the amount of interest charged and any related conditions. |
|
Yes, Statute permits 9% annually. See F2.1 Upon request, Illinois will provide another State with a Certified Balance Statement. If the other State wishes to include a judgment of the outstanding arrears when the other State does a modification and assumes jurisdiction (i.e., assumes continuing exclusive jurisdiction and enters a controlling order), they may calculate and enter a judgment regarding the arrearage and interest owed.
For Additional Information -
|
| 4. Does your state charge interest on retroactive support? If yes, indicate the amount of interest charged and any related conditions. |
|
Yes, Statute permits 9% annually. See F2.1
For Additional Information - No Link Provided |
| 5. Will your state enforce a medical debt for any uninsured portion? If yes, under what circumstances? |
| No. |
| 6. If your state has issued an order, and another IV-D agency asserts that the person/entity entitled to receive child support payments has changed from the person/entity designated in your state's order (due to a change in placement or foster care status), what does your state require in order to change the person/entity entitled to receive payments? |
|
Illinois law requires a new order to be entered to change the payee of child support to the new caretaker. Illinois does not allow child support to automatically follow the child. 750 ILCS 5/505
For Additional Information -
|
| 6.1. Does it matter if the child receives TANF or Medicaid-only? If so, explain. |
|
No.
For Additional Information - No Link Provided |
| 7. Does your state require that a custodial party, who is not one of the biological parents, have legal custody of a child before enforcing an order for support that was issued to the biological parents as the parties for non-public assistance cases? |
|
Yes, pursuant to case law, social security disability benefits
For Additional Information - No Link Provided |
| 8. Does your state IV-D agency give the noncustodial parent credit toward child support for Auxiliary Benefits received directly by the custodial parent on behalf of a child as a result of the noncustodial parent's Social Security Retirement, Survivors, or Disability Insurance (RSDI) benefit? |
|
For Additional Information - No Link Provided |
| 9. Does your state abate support? If yes, explain the circumstances and provide your statutory citation. |
|
For Additional Information - No Link Provided |
5. Paternity/Parentage
| 1. Does your state law require custody and visitation to be addressed at the time of paternity/parentage establishment? If yes, please describe and provide the statutory citation. |
|
No.
For Additional Information - No Link Provided |
| 2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity? |
|
The percentage of probability is 99.9%. 750 ILS 46/404 effective 01/01/16
For Additional Information -
|
| 3. What is the state law citation that makes paternity acknowledgment conclusive? Please describe (if appropriate). |
|
The citation is 750 ILCS 46/201 et seq effective 01/01/16 (750 ILCS 46/301 et seq)
For Additional Information -
|
| 4. Does marriage constitute a rebuttable presumption of paternity/parentage without exceptions? Please describe and provide your statutory citation. |
|
Yes, Tribunal determination by clear and convincing evidence; completion of Voluntary Acknowledgment of Paternity and Denial of Parentage.
For Additional Information - No Link Provided |
| 5. Does the father's name on the birth certificate constitute a conclusive presumption of paternity? Please provide your state citation. If no, please describe. |
|
No, Prior to 08/09/96, the father's name could be added without a determination of paternity. Therefore, paternity is not conclusively determined.
For Additional Information -
|
| 6. Does your state have any other paternity/parentage-related presumptions? If yes, please describe. |
| Yes, See 750 ILCS 46/204 Sec. 204. Presumption of parentage. |
| 7. What, if any, is the agency name and link for your state's putative fathers' registry? |
|
Illinois Putative Father Registry
For Additional Information -
|
| 8. What documents regarding paternity can your state's IV-D agency provide to other IV-D agencies? Are there any charges to the requesting IV-D agencies? |
|
Court orders, administrative orders, VAPS. No charges.
For Additional Information - No Link Provided |
| 9. Does your states bureau of vital statistics charge any fees to other states or private individuals for requesting searches, paternity/parentage documents, and data? |
|
Yes.
For Additional Information - No Link Provided |
| 9.1. Describe any circumstances under which these fees may be waived? |
|
Fees and waiver, if any, are determined by Illinois Department of Public Health, Division of Vital Records. No fee is charged for an Administrative Copy of the Birth Record. Agency must request on letterhead to IL Dept. of Vital Records to: Charissa.Norton@Illinois.gov
For Additional Information -
|
| 10. Is common-law marriage currently recognized in your state? If yes, describe the standard that defines common-law marriage and the date the standard went into effect. |
| No. |
| 11. If there was a prior common-law standard in your state that is no longer in effect, what were the dates that standard was in effect? Describe the standard. |
| Not Applicable. |
| 12. If there is more than one child with the same custodial party and the same alleged father, should an initiating jurisdiction send one intergovernmental packet to your state (with a separate Declaration in Support of Establishing Parentage forms for each child) or a separate intergovernmental packet for each child? |
| For each child, submit a separate Paternity Affidavit, however only one Uniform Support Petition and General Testimony is required. |
6. Support Order Establishment
| 1. Does your state use an administrative, judicial, or a combined process to establish a support obligation? |
| Both administrative and judicial. |
| 1.1 If your state can establish both administratively and judicially, under what circumstances would your state use the administrative process? Please provide the statutory citation for your state's administrative procedures. |
|
Individual case circumstances and the volume of cases determine the process used. (750 ILCS 25/4, 750 ILCS 25/5; 305 ILCS 5/10-10 and 305 ILCS 5/10-11)
For Additional Information - No Link Provided |
| 1.2. Under what circumstances would your state use the judicial process? Please provide the statutory citation for your state's judicial procedures. |
|
Any case where the circuit court has taken jurisdiction and there is an order of the court with active terms; any case where one or both parents and/or one or more children in common are the subject of another family law order; any case where one or more of the participants may be a victim of domestic violence; any case where the referral originated in the Title IV-E agency; any case where there is a point of law that may be contentious or difficult; any case where the parents appear to be in significant conflict with each other; any case where paternity is being established for older children; and any other case where a judicial environment is deemed necessary. Administrative orders are typically used only when the parties are the two parents of a child and are generally in agreement.
For Additional Information - No Link Provided |
| 2. When setting support using your state's guidelines, whose income is considered in addition to the noncustodial parent's (for example, custodial parent, spouse, child)? |
|
The formula considers the obligor's net income, deviations from the standard can be based on consideration of the income of the child or other parent. (750 ILCS 5/505)
For Additional Information -
For Additional Information -
|
| 2.1. What documentation is required as proof/evidence of this information? |
| 3. What criteria for rebutting your presumptive guidelines have been established in your state? |
|
The guidelines shall be applied in each case unless the court makes a finding that application of the guidelines would be inappropriate, after considering the best interests of the child in light of evidence including but not limited to one or more of the following relevant factors: (a) the financial resources and needs of the child; (b) the financial resources and needs of the custodial parent (c) the standard of living the child would have enjoyed had the marriage not been dissolved; (d) the physical and emotional condition of the child, and his educational needs; and (e) the financial resources and needs of the non-custodial parent. If the court deviates from the guidelines, the court's finding shall state the amount of support that would have been required under the guidelines, if determinable. The court shall include the reason or reasons for the variance from the guidelines. (750 ILCS 5/505)
For Additional Information -
|
| 4. Will your state establish support orders for prior periods of support? If yes, please describe (for example, from the birth of the child, from date of separation, prenatal expenses, five years retroactive). |
|
Yes. Support may be established back to the date of birth in a parentage or back to date of separation in an abandonment case. In a parentage action brought within 2 years after a child's birth, the judgment or order may direct either parent to pay the reasonable expenses incurred by either parent related to the mother's pregnancy and the delivery of the child. (750 ILCS 5/505 (Illinois Marriage and Dissolution of Marriage Act); 750 ILCS 46/802 (Illinois Parentage Act of 2015); and 305 ILCS 5/10-10, 10-11 and 10.11.1 (Illinois Public Aid Code). However, the IV-D Agency does not seek costs related to the mother's pregnancy and the delivery of the child.
For Additional Information - No Link Provided |
| 4.1. What information or documentation does your state require to proceed with establishing support for prior periods? |
|
1. Father's prior knowledge of circumstances of the child's birth. 2. Father's prior willingness or refusal to help raise. 3. The extent to which the mother or public agency that bring the action previously informed the father of the child's needs or attempted to seek or require his help in raising or support in raising the child. 4. Reasons the mother or public agency did not file the action earlier. 5. The extent to which the father would be prejudiced by the delay to bring the action. (750 ILCS /802)
For Additional Information -
|
| 4.2. Will your state allow a petition for support for a minor child when the only issue is retroactive support? |
| Yes. |
| 4.3. If there are limitations upon your state's ability to establish support for prior periods, specify those limitations. |
|
For Additional Information - No Link Provided |
| 5. Does your state require that a custodial party, who is not a biological parent, have legal custody of a child before establishing an order for support when public assistance is being expended? |
|
Yes. "It is preferred (except for Cook County where it is always required) that the custodial party has a custody order or other formal guardianship document that awards custody of the child(ren) to him/her. In the absence of a guardianship document, Illinois DCSS will proceed (except for Cook County) with documents, such as school records, doctor statements, etc. that can be used as evidence of change of custody." When these documents are utilized, it is necessary to contact the custodial parent".
For Additional Information - No Link Provided |
| 5.1. What about when public assistance is not being expended? |
| Yes. "It is preferred (except for Cook County where it is always required) that the custodial party has a custody order or other formal guardianship document that awards custody of the child(ren) to him/her. In the absence of a guardianship document, Illinois DCSS will proceed (except for Cook County) with documents, such as school records, doctor statements, etc., that can be used as evidence of change of custody." When these documents are utilized, it is necessary to contact the custodial parent." |
| 6. When your state has issued an order that reserves support, and now child support should be ordered, does your state require establishment or modification? |
|
A modification action should be requested.
For Additional Information - No Link Provided |
| 7. When there is an existing support order between the parents of a child and the child's residence changes from one parent to the other, does your state require that the new custodial parent obtain legal custody before child support is addressed? Please describe. |
|
No, it is preferred that the custodial party has a custody order or other formal guardianship document that awards custody of the child(ren) to him/her. In the absence of formal custody or guardianship documents, documentation of the child/ren's physical residence must be provided. If such records are provided, the custodial parent must be contacted to verify the change of change of custody.
Regardless of the method of proof, redirection of payments is not appropriate when a custody change occurs. A new court action is required to establish support payable to the new CP from the former CP.
For Additional Information - No Link Provided |
7. Income Withholding
| 1. What are specific sources of income not subject to withholding? |
|
Income excludes any amount required by law to be withheld, other than creditor claims, including, but not limited to Federal, State and local taxes, Social Security and other retirement and disability contributions, union dues, any amounts exempted by the Federal Consumer Credit Protection Act, public assistance payments, unemployment insurance benefits except as provided by law. (750 ILCS 28/15 (d))
For Additional Information -
For Additional Information -
|
| 2. Does your state law adopt the federal Consumer Credit Protection Act (CCPA) income withholding limits? Please provide the statutory citation. |
|
Yes, 750 ILCS 28/15 (d), 89 Illinois Administrative Code 160.75 (i)
For Additional Information - No Link Provided |
| 2.1. Does your state have policies or procedures allowing the agency to use lower limits than the CCPA? |
|
NO.
For Additional Information - No Link Provided |
| 2.2. What are the withholding limits for non-employees? |
|
Currently, the same as for employees
For Additional Information - No Link Provided |
| 3. What is the maximum fee for the administrative cost that an employer may charge for processing income withholding orders? (45 CFR 303.100 (e)(iii). |
|
Up to $5.00 per month fee deducted from employee's remaining pay, not from withheld support. (750 ILCS 28/35(a)
For Additional Information -
|
| 4. Does your state charge any fees to the noncustodial parent that the employer must withhold and remit to the state? If yes, please explain. |
|
No.
For Additional Information - No Link Provided |
| 5. Is an employer required to begin withholding after the date of service, receipt, or mailing of an income withholding order? |
|
Beginning no later than the next payment of income 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 payer. (750 ILCS 28/35)
For Additional Information - No Link Provided |
| 5.1. How many days following the first pay period that occurs after service, receipt, or mailing of an income withholding order is an employer required to begin withholding? |
|
Beginning no later than the next payment of income 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 payer. (750 ILCS 28/35)
For Additional Information - No Link Provided |
| 6. When must an employer remit amounts withheld from an employee's pay? |
|
Within 7 business days after the date the amount would have been paid or credited to the obligor.
For Additional Information - No Link Provided |
| 7. What are your state's sanctions for employers for not implementing income withholding? |
|
Upon finding on behalf of complaining party, a judgment may be entered for the total amount the payor willfully failed to withhold. Employer subject to a judgment for full amount that should have been withheld. (750 ILCS 28/35)
For Additional Information - No Link Provided |
| 7.1. What are the penalties to an employer for failure to remit payments withheld? |
|
A payor who willfully, within 7 business days, fails to pay over withheld income may be ordered to pay a penalty of $100 for each day after the 7 day period has expired. (750 ILCS 28/35) Other penalties provided (750 ILCS 28/50)
For Additional Information -
|
| 8. Does your state allow other jurisdictions to send income withholding orders for unemployment insurance (UI) benefits directly to your state's UI agency? If yes, please explain your process and include any additional required documents. |
|
Yes, it appears to be permitted under UIFSA. (750 ILCS 22/901)
For Additional Information - No Link Provided |
| 8.1. If no, what is your state's process to aid the other jurisdictions in withholding UI benefits? Please describe and include the required documents. |
|
For unemployment insurance (UI) cases, receive requests for assistance from the other State via an Intergovernmental referral. Transmittal and documents required for a registration referral (i.e., certified order(s), registration statement and sworn statement of arrears).
For Additional Information - No Link Provided |
| 9. Does your state allow other jurisdictions to send income withholding orders directly to a noncustodial parent's financial institution in your state? If yes, please explain your process and include any additional required documents. |
|
Yes, it appears to be permitted under UIFSA. (750 ILCS 22/901)
Request from other state (OCSE Transmittal 3) Illinois Department may register and enforce. Code of Civil Procedure 735 ILCS 5/12-652.
For Additional Information - No Link Provided |
| 9.1. If no, what is your state's process to aid the other jurisdiction in collecting from a financial institution? Please describe and include the required documents. |
| Not Applicable |
| 10. How does a noncustodial parent contest an income withholding in your state? |
|
File a petition with an Illinois tribunal.
For Additional Information - No Link Provided |
| 11. How does your state allocate payments when there is more than one claim against the noncustodial parent's income? Should the payment be divided equally or pro-rated among the cases? (See 45 CFR 303.100(a)(5).) |
| On a pro-rated basis, the employer is to satisfy current support, arrearage, delinquency and interest in that order. The following is a link to Illinois Child Support Enforcement Employer Income Withholding site: http://www.ilchildsupport-employer.com/incomeWithholding.htm#11 |
| 12. When calculating disposable income for child support purposes, what are the mandatory deductions from gross income required by state law, such as union dues or medical insurance premiums? |
|
750 ILCS 5/505 (a), Federal and State income taxes, Social Security (or Self -Employment tax) and Medicare. (If none, mandatory retirement contributions as required by law or as condition of employment)
For Additional Information - No Link Provided |
| 13. When does your state require the employer to send notice of an employee's termination? |
|
Promptly when the obligor is no longer receiving income from the payor. - (750 ILCS 28/35) -
For Additional Information -
|
| 14. When your state is enforcing an order and receives payment through income withholding that is not enough to cover the full amount ordered, how does your state apply the payment to the types of support (for example, current, arrears, medical, spousal support, other)? Please describe and provide the statutory citations, if appropriate. |
|
Current child support first then medical. If regarding medical insurance premium - first all current supports, then insurance premium, then past due support amounts, unless insufficient income to pay premium, then pay past due support is prorated between if doesn't have enough to satisfy. See (750 ILCS 28/35 (c).
For Additional Information -
|
8. Distribution
| 1. Does your state pass through collections (and disregard collections for Temporary Assistance for Needy Families (TANF) eligibility purposes) in current assistance cases? If yes, provide the amount and explain. |
| Yes, up to the first $100 of current child support collected on behalf of a family with one child in the assistance unit, or up to the first $200 of child support collected on behalf of a family with two or more children in the assistance unit will be passed through to the family. |
| 2. Does your state participate in the pass-through in former assistance cases? If yes, provide the date and explain. |
| No. |
| 3. In former assistance cases, are federal income tax refund offset payments applied to families first (DRA distribution) or state arrears first (PRWORA distribution)? |
| State arrears first (PRWORA). |
| 4. How does your state distribute payments when the noncustodial parent has arrears due to your state and another state? |
| On a proportionate basis following PRWORA distribution rules. |
| 4.1. If there are no arrears due to your state, how does your state distribute payments when the noncustodial parent has arrears due to multiple states? |
|
On a proportionate basis following PRWORA distribution rules.
For Additional Information - No Link Provided |
9. Enforcement
| 1. What data matches (for example, financial institution, state lottery) and enforcement remedies are available through Automated Administrative Enforcement in Interstate Cases (AEI) in your state? (See AT-08-06: Implementing Section 466(a)(14) of the Social Security Act, High-Volume, Automated Administrative Enforcement in Interstate Cases.) |
| Data matches are made with MSFIDM, FIDM; State Benefits, State Lottery, State Income Tax Refund Intercept, Recreational Licenses, and Gaming. |
| 2. What criteria must be met, and in addition to Transmittal #3, what documentation does your state require to proceed with an AEI request? |
| The cases must meet the same eligibility requirements as an intrastate case (e.g., the amount owed, legal interest in the asset, etc.). Information contained in Child Support Enforcement Transmittal #3 as well as documentation supporting the request (e.g., Court Order for enforcement, payment records, balance due, etc.) |
| 3. What are your state's criteria for reporting a noncustodial parent's child support information to credit bureaus? |
|
As of 11/14/2020, reporting has been paused due to COVID. Prior to the pause, DCSS provides Parent Paying Support (PPS) names, unique identifying data and limited balance information to 2 major credit reporting agencies (CRAs) when the past-due amount owed per docket is at least $2,500.00.
For Additional Information - No Link Provided |
| 4. To which credit bureaus does your state report a noncustodial parent's child support information? |
| As of 11/14/2020, reporting to credit bureaus has been paused due to COVID. Prior to the pause, Illinois reported the information to Experian and Innovis. |
| 5. Is the method for credit bureau reporting judicial, administrative, or both? |
| The method is administrative. |
| 6. Can a noncustodial parent who no longer has a past-due account have the report removed from the credit bureau? If so, what must the noncustodial parent do?" |
| If the Parent Paying Support (PPS) pays the past-due amount below $2500 on a submitted docket, then the CRA's are notified to delete the PPS's debt from their credit information. |
| 7. When your state is the responding state, does it submit past-due cases to OCSE for federal administrative offset? If yes, what is the minimum required past-due amount? |
| Yes, submittals require a minimum dollar amount of $25.00 and is at least 30 days delinquent before submitting for administrative offset. |
| 8. When your state is the initiating state, does it submit past-due cases to OCSE for federal administrative offset? If yes, what is the minimum required past-due amount? |
| Yes, requires a minimum dollar amount greater than $25.00 and is at least 30 days delinquent before submitting delinquent cases for administrative offset. |
| 9. When your state is the responding state, does it submit past-due cases to OCSE for insurance match? If yes, what is the minimum required past-due amount? |
| No. |
| 10. When your state is the initiating state, does it submit past-due cases to OCSE for insurance match? If yes, what is the minimum required past-due amount? |
| No. |
| 11. When your state is the responding state, does it submit past-due cases to OCSE for MSFIDM? If yes, what is the minimum required past-due amount? |
| In order to do a FIDM/MSFIDM lien, PPS (Parent Paying Support) must have a past due amount of at least $1,000.00 in arrears. This balance does not include any amount due in current support. |
| 12. When your state is the initiating state, does it submit past-due cases to OCSE for MSFIDM? If yes, what is the minimum past-due amount? |
| In order to do a FIDM/MSFIDM lien, PPS (Parent Paying Support) must have a past due amount of at least $1,000.00 in arrears. This balance does not include any amount due in current support. |
| 13. When your state is the responding state, does it submit past-due cases to OCSE for passport denial? |
| Yes. |
| 14. Are the financial institution attachment procedures in your state judicial, administrative, or both? |
| Our bank liens are served to Financial Institutions administratively. |
| 15. Are there specific account types exempt from the administrative financial institution attachment process in your state? If yes, which account types are exempt? |
|
Yes. The following accounts are exempt for liens: IRA accounts, ERISA accounts, Health Savings accounts and Loans.
For Additional Information - No Link Provided |
| 16. Is the financial institution attachment process in your state centralized and/or automated? |
| No. Our liens are served manually to Financial institutions after we have researched the case and make sure it has met all the requirements for a lien to be served. We fax, mail liens or both. |
| 17. What are the criteria to attach an account in a financial institution in your state? |
| Minimum amount of $300 in the financial account. |
| 18. Does your state's law require financial institutions doing business in your state to accept enforcement actions directly from other states? If yes, provide the statutory citation. Please explain. |
|
Yes, Code of Civil Procedure 735 ILCS 5/12-652 (Full Faith and Credit). Illinois Enforcement of Foreign Judgments Act 735 ILCS 5/12-650-657.
For Additional Information - No Link Provided |
| 19. If there are no statutory criteria required to attach an account, describe the process for requesting a financial institution attachment from another child support agency (for example, a Transmittal #3) and list additional documentation required. |
| Request to Illinois to enforce lien. OCSE Transmittal 2, if there's an existing case. OCSE Transmittal 3, if a one-time request. |
| 20. Does your state's income withholding definition include amounts in financial institutions? |
|
Yes, contains a generalized statement that "interest, any other payments, made by any person, private entity, federal or state government, any unit of local government, school district or any entity created by Public Act".
For Additional Information - No Link Provided |
| 21. Does your state require sending a notice of intent to the noncustodial parent when attaching an account in a financial institution? Who notifies the noncustodial parent - the state, the financial institution, or both? |
|
Yes, both.
For Additional Information - No Link Provided |
| 22. How long does the financial institution have to hold funds before sending the noncustodial parent's assets to your child support agency? |
|
Five (5) calendar days (after being served with a notice to surrender by the Department, after the 15-calendar day appeal period has expired (provided no appeal has been filed). Our liens are valid for 120 days. If the Financial Institution does
not receive anything from us in the 120 days after serving the lien, they can legally release the lien and return the funds back to the customer. However, it is customary
for us to either send a Surrender Notice, Discharge Notice or a Notice of Stay before the 120 day time period has expired. 89 Illinois Administrative Code 160.70(f)(2)(D)(ii).
Url : http://www.ilga.gov/commission/jcar/admincode/089/089001600D00700R.html
89 Illinois Administrative Code 160.70(f)(2)(D)(ii).
For Additional Information -
|
| 23. Does your state law or policy require the financial institution and/or state to hold the attached assets during the challenge or appeal time frame? If yes, provide the statutory citation and time frames. |
|
Yes.
For Additional Information -
|
| 24. What amount or percentage of the noncustodial parent's financial assets are eligible for attachment? Is this different for joint accounts? Please explain. |
|
No limit. Not different for joint accounts.
For Additional Information - No Link Provided |
| 25. What are the criteria for a noncustodial parent and/or joint account holder to contest a financial institution attachment? |
|
An obligor who is subject to a Freeze and Seize action may contest the accuracy of the past due support balance. A joint owner may
challenge the action by demonstrating that all or part of the account is an asset of the joint owner. Both the parties have 15 days to
request a hearing from the date of the Notice of Lien. 735 ILCS 5/3 et seq. 89 Illinois Administrative Code 160.70 (f)(2)(c).
n obligor who is subject to a Freeze and Seize action may contest the accuracy of the past due support balance. A joint owner may challenge the action by demonstrating that all or part of the account is an asset of the joint owner. 735 ILCS 5/3 et seq. 89 Illinois Administrative Code 160.70 (f)(2)(c).
For Additional Information -
|
| 26. Does your state have procedures to liquidate non-liquid assets (for example, stocks, bonds, etc.)? If yes, provide the statutory citation and the procedures to follow. |
|
Not Administratively. However, the Court has the authority to liquidate non-liquid assets. 735 ILCS 5/2-1402. Illinois sends a PRO-RATA letter with our Surrender notices for banks that are holding any stocks, bonds, etc, and that allows them to send the funds to us.
For Additional Information -
|
| 27. What are your state's criteria for driver's license revocation/suspension for nonpayment of support? |
|
Criteria are contained in 89 Illinois Administrative Code 160.70(m)
At least $2500 owed in past due support, no voluntary payment in the last 90 days, has failed to comply with a subpoena or warrant in a paternity of child support proceeding
For Additional Information - No Link Provided |
| 28. What are your state's criteria for driver's license restoration/reinstatement, including hardship exemptions? |
| Restatement from 1st suspension upon entry of a payment agreement and from 2nd suspension only upon full payment or entry into a payment plan. No revocation, only suspension. NCP may see a hardship exemption. |
| 29. Does your state allow temporary or conditional driver's licenses? If yes, what are the criteria? |
| Yes, 89 Illinois Administrative Code 160.70(m). The Parent Paying Support may be eligible for a family financial responsibility driving permit, limited to transportation for employment, for seeking employment. If unemployed, for medical treatment for Parent Paying Support or household member. |
| 30. What are your state's criteria for professional license revocation/suspension for nonpayment of support? Specify the professional license types. |
| 89 Illinois Administrative Code 160.70(n). At least $1000 owed in past-due support, no voluntary payments in the last 90 days, has failed to comply with a subpoena or warrant in a paternity of child support proceeding. Applies to Professional, Occupational or Recreational licenses. |
| 31. What are your state's criteria for professional license restoration/reinstatement, including hardship exemptions? |
| Entry into a satisfactory payment plan |
| 32. Does your state allow temporary or conditional professional licenses? If yes, what are the criteria? |
| No. |
| 33. What are your state's criteria for recreational license revocation/suspension for nonpayment of support? Specify the recreational license types. |
| 34. What are your state's criteria for recreational license restoration/reinstatement, including hardship exemptions? |
| Entry into a satisfactory payment plan |
| 35. Does your state allow temporary or conditional recreational licenses? If yes, what are the criteria? |
|
No.
For Additional Information - No Link Provided |
| 36. What are the criteria for initiating/filing a lien in your state? |
|
The trigger criteria for filing a lien is $1,000.00 arrearage for financial institution accounts and lump sums; $3,500.00 for real property. 89 Illinois Administrative Code 160.70
For Additional Information -
|
| 37. Is the lien process in your state primarily judicial, administrative, or both? Please describe. |
| Procedurally, liens may be done administratively or judicially. For the administrative remedies process (e.g., liens), Illinois IV-D policy requires arrears of $1,000.00 or more for financial institution accounts or lump sums and $3,500.00 for real estate. In order to do a FIDM/MSFIDM lien, NCP must have at least $300.00 in an account. |
| 38. Does your state enforce property seizure and sale? If so, is this process primarily judicial, administrative, or both? Please describe. |
|
No.
For Additional Information - No Link Provided |
| 39. Does your state have a state income tax refund offset as an enforcement remedy? If yes, describe whether the process for this remedy is primarily judicial, administrative, or a combination. |
| Yes, 89 Illinois Administrative Code 160.70(b). |
| 40. Does your state intercept lottery or other types of gaming/gambling winnings in your state? If so, what kind of winnings are included? |
| Yes. |
| 40.1. If yes, is this enforcement judicial, administrative, or both? |
| Administrative |
| 41. What other administrative enforcement procedures are available in your state that are not otherwise described in the IRG? |
| Enforcement remedies are provided for in 305 ILCS 5/10-1 et seq & Illinois Administrative Code Section 160.70 |
| 42. What other judicial enforcement procedures are available in your state that are not otherwise described in the IRG? |
| Enforcement remedies are provided for in 305 ILCS 5/10-1 et seq & Illinois Administrative Code Section 160.70 |
10. Modification And Review/Adjustment
| 1. How frequently does your state conduct order reviews in IV-D cases (for example, every year or every three years)? (See 45 CFR 303.8.) |
|
Cases qualify for reviews every 36 months. A party may request a modification review earlier than every 36 months upon a showing of a substantial change in circumstances. 750 ILCS 5/510
For Additional Information -
|
| 2. What is your state's modification procedure? Briefly describe. |
|
At least 36 months have elapsed since establishment, modification or last modification review or obligor's income/support amount or no medical insurance ordered or request for review received from client, obligor/obligee or other state or case was previously selected for review but closed because there was no employer Automatic referrals consider whether there was assignment of support rights to the state by a TANF recipient. Notice must be provided.
For Additional Information - No Link Provided |
| 3. What are the criteria for modification under your state's guidelines (for example, a change that is more than $50 or 20% upward or downward from the current amount ordered)? |
|
Upon a showing of an inconsistency of at least 20%, but no less than $10 per month, between the amount of the existing order and the amount of child support that results from application of the guidelines or upon a showing of a need to provide for the healthcare needs of the child.
For Additional Information - No Link Provided |
| 4. Which of the following criteria for demonstrating a change in circumstances apply for modifying an order? |
|
For Additional Information - No Link Provided |
| 4.1. The earnings of the noncustodial parent have substantially increased or decreased. |
| Yes |
| 4.2. The earnings of the custodial parent have substantially increased or decreased. |
| Yes. |
| 4.3. The needs of a party or the child(ren) have substantially increased or decreased. |
|
Yes
For Additional Information - No Link Provided |
| 4.4. The cost of living has changed. |
| Yes |
| 4.5. The child(ren) has extraordinary medical expenses not covered by insurance. |
| Yes |
| 4.6. There has been a substantial change in childcare expenses. |
| Yes |
| 4.7. What other criteria does your state use for demonstrating a change in circumstances for modifying an order? |
|
At least 36 months have elapsed since establishment, modification or last modification review or obligor's income/support amount or no medical insurance ordered or request for review received from client, obligor/obligee or other state or case was previously selected for review but closed because there was no employer Automatic referrals consider whether there was assignment of support rights to the state by a TANF recipient. Notice must be provided.
For Additional Information - No Link Provided |
| 5. Does your state have a cost of living adjustment (COLAs) for orders? If yes, what index does your state use? (See 45 CFR 303.8(b)(1)(ii).) |
| No. |
| 6. After learning that a parent who owes support will be incarcerated for more than 180 calendar days, does your state elect to initiate a review of an order without the need for a specific request, i.e., automatically? (See 45 CFR 303.8(b)(2).) |
|
Provide notice of right to request a review
For Additional Information - No Link Provided |
11. Lump Sum Payments
| 1. What is your state's definition of a lump sum, if it has one? Provide the statutory citation. (Note: States may define "lump sum" more broadly than only employer- related lump sums.) |
|
"Income" means any form of periodic payment to an individual, regardless of source, including, but not limited to: wages, salary, commission, compensation as an independent contractor, workers' compensation, disability, annuity, pension, and retirement benefits, lottery prize awards, insurance proceeds, vacation pay, bonuses, profit-sharing payments, severance pay, interest, and any other payments, made by any person, private entity, federal or state government, any unit of local government, school district or any entity created by Public Act;.
See 750 ILCS 28/15
For Additional Information -
|
| 2. Does your state law require employers to report lump sum payments? If yes, provide the statutory citation or rule. |
|
Yes, (305 ILCS 5/10-3.1)
For Additional Information -
|
| 3. How does your state attach different types of lump sum payments? For example, does your state use the OMB-approved income withholding order for employer-issued bonuses, a lien, and levy notice for workers' compensation (if workers' compensation is considered a lump sum payment in your state), etc.? |
| Use the Lien Process with a Notice of Lien form HFS 3741, to attach non-wage lump sum payments. |
12. Cost Recovery And Fees
| 1. Does your state elect to recover costs in excess of any fees collected to cover administrative costs in your child support state plan? (See section 454(6) of the Social Security Act and 45 CFR 302.33(d).) If yes, does your state collect excess actual or standardized costs on a case-by-case basis? Please describe. |
| NO. |
| 1.1. If yes, does your state recover costs from the custodial parent or the noncustodial parent? (Note: No costs can be assessed against a foreign custodial parent applying through a Central Authority in a Hague Convention country, a foreign reciprocating country, or a foreign country with state-level reciprocity.) |
| Not applicable |
| 2. Does your state recover costs on behalf of an initiating state that has elected to do cost recovery? If yes, describe. |
| Yes, certain costs may be recovered upon request. |
| 3. How does your state impose and collect the mandatory $35 annual fee (after collecting the first $550)? This fee is applicable in IV-D cases in which individuals who never received IV-A assistance are receiving IV-D services. (See 45 CFR 302.33(e).) See options below. |
| Illinois pays the fee which is collected from state funds. |
| 3.1. Is it retained by the state from support collected? |
| No. |
| 3.2. Is it paid by the individual applying for child support services? |
| No. |
| 3.3. Is it recovered from the noncustodial parent? |
| No. |
| 3.4. Is it paid by the state out of its state funds? |
| Yes. |
13. Insurance Match
| 1. Does your state have legislation requiring insurance companies to work with child support agencies to identify claimants who owe past-due child support? Describe the requirements and provide the statutory citation. How does your state allocate payments when there is more than one claim against the noncustodial parent's income? Should the payment be divided equally or pro-rated among the cases? (See 45 CFR 303.100(a)(5).) |
|
No, Not applicable
For Additional Information - No Link Provided |
| 2. What criteria must a noncustodial parent meet to be eligible for your states participation in the federal insurance match program? |
| The monetary threshold is obligor owes $1,000.00 or more in past due child support. |
| 3. What process does your state use to intercept insurance payments? |
|
Notice of Lien.
For Additional Information - No Link Provided |
| 4. How does another state initiate and intercept collections from your states workers compensation agency? |
|
If another state wants us to collect on worker compensation, they will have to open a case in IL (UIFSA) with a request for enforcement of child support order, supplying Illinois with enforcement documentation information to ensure worker compensation claim can be processed.
For Additional Information - No Link Provided |
| 5. Does your state participate in the Child Support Lien Network or CSLN (which provides insurance match services)? |
| Yes, on a case-by-case basis. |
14. Family Violence
15. CSENet
| 1. When your state is the initiating state, does it send a Child Support Enforcement Network (CSENet) case closure transaction to let the responding state know your state has closed its case (including the reason for closure) and/or the responding state's intergovernmental services are no longer needed? (MSC P GSC15; 45 CFR 303.7(c)(11).) |
| Yes. |
| 2. When your state is the responding state, does it send a CSENet case closure transaction to notify the initiating state that its case is closed based on one of the following reasons: (MSC P GSC16)? Initiating state failure to take an action essential for the next steps? (45 CFR 303.11(b)(17).) The initiating state requested the responding state to close the case? (45 CFR 303.7(d)(10).) |
| Yes. |
| 3. When your state is the initiating state, does it send a CSENet case closure transaction to notify the responding state that it must stop any income withholding orders or notices and close the intergovernmental case? (MSC P GSC17; 45 CFR 303.7(c)(12).) |
| Yes. |
| 4. When your state is the responding state, does it send a CSENet case closure transaction to notify the initiating state that, per its request, the case is closed, and your state has stopped its income withholding order? (MSC P GSC18; 45 CFR 303.7(d)(9).) |
| Yes. |
| 5. Does your state send CSENet transactions to request interest information? (MSC R GRINT) |
| Yes, when applicable. |
| 6. Does your state send CSENet transactions to provide another state with interest and arrears information? (MSC P GSTAI) |
| Yes, when applicable. |
16. Copies Of Orders And Payment Records
| 1. What are the procedures and associated costs for obtaining a certified copy of a court order? |
|
Child Support Enforcement Transmittal #2 or #3. No cost if provided by the IV-D Agency.
For Additional Information - No Link Provided |
| 2. What are the procedures and associated costs for obtaining a certified payment record? |
|
Child Support Enforcement Transmittal #2 or #3. No cost if provided by the IV-D Agency.
For Additional Information - No Link Provided |
17. Uniform Interstate Family Support Act (UIFSA)
| 1. What is the statutory citation for your state's enactment of UIFSA? |
|
The statutory citation is 750 ILCS 22/
For Additional Information -
|
| 2. How does your state define the tribunal (See UIFSA 103)? |
|
750 ILCS 22/102 (29) A court or Administrative agency, or quasi-judicial entity authorized to establish, enforce or modify support orders or to determine parentage of a child.
For Additional Information - No Link Provided |
| 3. How many copies or sets of documents does your state need for an intergovernmental case referral that is not sent electronically? |
| Illinois would like states that are still sending hard copy referrals to send single sided documents and(1)copy. It would be beneficial for referrals to our legal partners and for E-filing. |
| 4. Does your state require initiating states to send intergovernmental forms in a one-sided format (when sending paper copies)? |
| Yes. |
18. International - Reciprocity
| 1. With which foreign countries or other jurisdictions (such as Quebec) does your state have state-level reciprocity for child support? (Do not include federal foreign reciprocating or Hague Convention countries.) |
| Mexico, Canada and Germany |
| 2. Does your state exercise its option for enforcement of spousal-only orders for a foreign reciprocating country, a Hague Convention country, or a foreign country with which your state has state-level reciprocity? (See section 454(32)(B) of the Social Security Act.) |
| NO. |
| 3. Does your state agency accept direct applications for services from individuals residing outside the United States (See UIFSA 307 - Alternative A), or does your state's law allow discretion in accepting these applications (See UIFSA 307 - Alternative B)? |
| Yes. |
19. International Information For Hague Convention Countries
| 1. When a Hague Convention country seeks registration of a Convention support order in your state, does your state allow the country to send an abstract (or summary) of the order on the Hague Abstract of a Decision form in lieu of the complete text? (See UIFSA 706(b) (1).) |
|
The state of Illinois would not accept the abstract as our judges require the complete text, especially in Cook.
For Additional Information - No Link Provided |
| 2. Does your state send and receive pleadings and documents electronically in international cases? If yes, specify the types of pleadings and documents your state can send and receive electronically. |
| Not at this time but we are exploring this change. |
| 3. What methods of personal service does your state use? |
| Except as otherwise expressly provided, service of summons upon an individual defendant shall be made (1) by leaving a copy of the summons with the defendant personally, (2) by leaving a copy at the defendant's usual place of abode, with some person of the family or a person residing there, of the age of 13 years or upwards, and informing that person of the contents of the summons, provided the officer or other person making service shall also send a copy of the summons in a sealed envelope with postage fully prepaid, addressed to the defendant at his or her usual place of abode. 735 ILCS 5/2-203 |
| 4. When establishing a child support order, what can be included as add-ons to the child support guideline amount? Please provide the relevant statutory or case law citation. (See also question 1 under Support Details.) |
|
Deviations may be determined by the Tribunal. Additional support amounts may be ordered for Medical Insurance Premiums, but this would not be included in the guideline amount.
750 ILCS 5/505 and 750 ILCS 46/802 (effective 01/01/16).
For Additional Information -
|
| 5. Does your state encourage amicable solutions between parents to promote voluntary payment of support, such as the use of mediation, conciliation, or similar consent processes? If yes, describe. |
| Yes, To the extent resources are available, processes that encourage amicable resolution of issues between parents may be used. Resources are not available statewide, and approaches vary where resources are available. |
| 6. What circumstances will cause your state to end child support before the normal duration? |
|
Death of the child that is the subject of the support order; agreement of the parties; Court Order.
For Additional Information - No Link Provided |
20. International Payments
| 1. How does your state disburse child support payments to foreign reciprocating and Hague Convention countries when your state is the responding state in a case? |
| DCSS converts the foreign currency payment to U.S. currency. Payments are sent by the Illinois Comptroller via paper check. |
| 2. What actions does your state take to reduce the costs and fees associated with international payment processing? |
| Illinois does not currently bundle the payments to reduce the cost for payments that we send outside the U.S. |
| 3. Does your state accept electronic payments from foreign reciprocating or Hague Convention countries in international cases? If so, provide payment instructions. |
| Yes, the non-custodial parent contacts that State Disbursement Unit (SDU) and gives the SDU their banking information. The SDU gives this information to their foreign financial institution, who then wires the transfer of funds to the SDU. |
21. Tribal Non IV-D
| 1. Has your state established cooperative arrangements with any Indian tribes or tribal organizations that don't have a tribal IV-D program? |
| No. |
| 1.1. If yes, list the tribes and identify services provided, if less than full services. |
|
Not Applicable
For Additional Information - No Link Provided |
| 2. Does your state have any IV-D attorneys licensed to practice in the courts of Indian tribes or tribal organizations that don't have tribal IV-D programs? |
| No |
