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Illinois State Law

A. General/Program-At-A-Glance

A1. How many local IV-D 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).
A2. Does your state have statutes that define the attorney-client relationship between the state's attorney and the agency only?
Yes
A2.1. If yes, what is the statutory citation?
305 ILCS 5/10-3.1
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A2.2. Did your state have the state's bar counsel issue an opinion setting the attorney-client relationship?
No
A2.3. If yes, please explain.
Not applicable.

B. UIFSA

B1. What is the statutory citation for your state's UIFSA?
The statutory citation is 750 ILCS 22/
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B2. How many copies or sets of documents does your state need for an intergovernmental case referral?
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.

C. Reciprocity

C1. With which foreign countries does your state have a state level reciprocal agreement for child support enforcement? (Do not include federal foreign reciprocating countries in your answer.)
Mexico and Germany.
C1.1. Does your state exercise its option to receive Federal Funding Participation (FFP) for enforcement of spousal-only orders for foreign reciprocating countries?
No
C1.2. If yes, please explain.
Not applicable.
C2. Has your state established reciprocity with any Native American tribal courts?
Yes
C2.1. If yes, list the tribes and identify services provided, if less than full services.
All tribes with a comprehensive IV-D Program.
C3. Does your state accept direct applications from parents in non-reciprocating or non-treaty countries? **
Yes
C4. 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.

D. Age of Majority

D1. What is the age of majority in your state?
18
D2. What is the statutory citation for the age of majority?
755 ILCS 5/11-1 and 750 ILCS 5/505.
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D3. 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.
D4. Does the date of the order determine the law that is applied?
No
D4.1. If yes, please explain.
Not applicable.
D5. Does child support end if the child leaves the household, but does not emancipate?
No
D5.1. Optional comments regarding emancipation.
Citation is 750 ILCS 46/802(1) - effective 01/01/16.
D6. Does your state allow support to be paid beyond the age of majority under any circumstances (for example, the child is handicapped or in college)?
Yes
D6.1. If yes, please explain.
Illinois extends support to age 19 if in High School and documentation is received.
D7. Does your state automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or otherwise emancipates?
No
D7.1. If yes, please describe the procedure.
Not applicable.
D8. Does your state accept a application from a party after all of the children on the case have emancipated?
Yes
D8.1 If not, how does this affect interstate referrals?
Not applicable

E. Statute of Limitations

E1. What is your State's statute of limitations for collection of past-due support?
In accordance with 735 ILCS 5/12-108, eff. 07/01/97, child support judgments, 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 past-due child support judgments to 20 years. Therefore, any child support judgments that expired prior to 07/01/97 may not be enforced under 735 ILCS 5/12-108.
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E2. What is your State's statute of limitations for paternity establishment?
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.
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E3. Is dormancy revival/renewal possible?
No
E3.1. If yes, please explain the circumstances when it's possible and how long it's possible.
Not applicable.
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F. Support Details

F1. What guideline type or method does your state use to calculate child support (for example, Shared Income Model, Percentage of Income Model, Melson Formula)?
Shared Income Model: Illinois Shared Income Model will commence on July 1, 2017.
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F2. Does your state charge interest on arrears?
Yes
F2.1. If yes, please indicate the amount of interest charged and any related conditions.
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.
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F3. Does your state charge interest on retroactive support?
Yes
F3.1. If yes, please indicate the amount of interest charged and any related conditions.
Statute permits 9% annually. See F2.1
F4. Does your state charge interest on adjudicated arrears?
Yes
F4.1. If yes, please indicate the amount of interest charged and any related conditions.
Statute permits 9% annually. See F2.1
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F5. Will your state enforce a medical debt for 50 percent of the uninsured portion?
No
F5.1. If yes, under what circumstances?
Not applicable.
F6. Does your state elect to recover costs or charge fees in your IV-D state plan?
No
F6.1. If yes, what costs are recovered from or fees charged to the obligee?
Not applicable.
F6.2. If yes, what costs are recovered from or fees charged to the obligor?
Genetic test fees as ordered by court and standard recovery of fees from obligor. May be exception on case by case basis.
F7. Does your state recover costs on behalf of the initiating state?
Yes
F7.1. Optional comments regarding recovery of initiating state's fees.
Certain cost may be recovered upon request.
F8. What is the statutory citation for your state's long-arm statute to establish or enforce child support?
750 ILCS 22/201
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F9. Does your state establish, enforce, or modify spousal maintenance orders?
Yes
F9.1. If yes, under what circumstances?
Illinois will enforce in conjunction with current child support and if child lives with spouse. Illinois does not establish or modify spousal maintenance.
F10. Does your state require the initiating state to include information about the new spouse or partner upon a request for establishment or modification? (See General Testimony, AT-11-07)
No.
F10.1. Optional comments regarding required information on spouse or partner.
Not applicable.
F11. How does your state impose and collect the mandatory annual fee applicable to IV-D cases for people who never received IV-A assistance?
Illinois pays the fee which is collected from state funds.
F11.1. Does your state collect the fee by retaining the support collected on behalf of the person but not the first $500?
No
F11.2 Does your state collect the fee from the person applying for IV-D services?
No
F11.3. Does your state collect the fee from the absent parent?
No
F11.4. Does your state pay the fee out of its own funds?
Yes
F12. When did your state implement the required Deficit Reduction Act (DRA) limited-assignment provision?
The DRA was implemented on 10/01/2009.
F13. Will your state pass through (and disregard for TANF eligibility purposes) the excepted portion to families in current assistance cases?
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.
F14. Does your state participate in the pass-through in former assistance cases?
No
F14.1. If yes, provide the date.
Not applicable.
F15. Will your state discontinue eligible assignments under the DRA of 2005?
No
F15.1. If yes, list the eligible assignments your state would discontinue.
Not applicable.
F15.2. When will your state discontinue each type of assignment?
Not applicable.
F16. Does your state follow PRWORA or DRA distribution ordering rules in former assistance cases?
Illinois will continue to follow PRWORA distribution rules.
F17. What are your state's requirements to redirect payments from the court-order payee when a child on the order is receiving TANF with a different payee?
Illinois law requires a new order 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
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F17.1. What are your state's requirements to redirect payments from the court-order payee when a child on the order is receiving Medicaid only with a different payee?
Same as F17 above.
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F17.2. What are your state's requirements to redirect payments from the court-order payee when a child on the order is with a different payee and not receiving TANF or Medicaid only?
Same as F17 above.
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F17.3. How does your state collect the $25.00 annual fee on never-TANF cases?
Illinois does not charge the application fee to non-assistance clients. It is paid out of Illinois State funds.
F18. Will your state recover costs from a U.S. resident non-custodial parent in foreign reciprocating or treaty cases? **
Yes
F18.1 If yes, describe all costs arising in practice (for example, court costs or legal fees). **
Certain costs may be recovered upon request.
F19. Does your state send CSENet transactions to request interest information?(MSC R GRINT)
Yes when applicable.
F20. Does your state send CSENet transactions to provide another state with interest and arrears information? (MSC P GSTAI)
Yes when applicable.

G. Income Withholding

G1. What specific source of income is 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))
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G2. Does your state have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits?
No
G2.1. If yes, what are those limits?
Not applicable.
G3. What is the allowable fee per pay period employers may charge for processing income withholding payments?
Up to $5.00 per month fee deducted from employee's remaining pay, not from withheld support. (750 ILCS 28/35(a)
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G4. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income 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)
G5. What is the date by which an employer must 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.
G6. What are your state's procedures for sanctioning 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)
G7. What is the penalty 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)
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G8. Does your state allow direct income withholding of unemployment insurance (UI) benefits across state lines?
No
G8.1. Explain your process for receiving direct withholding orders across state lines.
For unemployment insurance (UI) cases, receive requests for assistance from the other State via an Intergovernmental referral.
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G8.2. What documents are required to intercept UI benefits?
Transmittal and documents required for a registration referral (i.e., certified order(s), registration statement and sworn statement of arrears).
G9. Does your state allow direct income withholding of workers' compensation (WC) benefits across state lines?
Yes
G9.1. Optional comments regarding direct withholding of WC benefits across state lines.
Not applicable.
G10. How does an obligor contest income withholding in your state?
File a petition with an Illinois tribunal.
G11. When the obligor has more than one claim for child support against his or her income, what is your state's priority scheme for income-withholding orders? For example, the employer should allocate the available amount for withholding equally among all orders or prorate available amount across orders.
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
G11.1. If an employer in your state receives more than one income withholding order for child support from other states, can the employer request your assistance?
Yes
G11.2. If assistance is not available, explain how employers should proceed. Provide a citation for the state law that governs how they should proceed.
See (750 ILCS 28/35(c)
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G12. Does your state require any mandatory deductions, such as union dues or medical insurance premiums, to arrive at net pay from gross pay when calculating disposable income for child support purposes?
Yes
G13. When does your state require the employer to send notice of an employee's termination?
Promptly - (750 ILCS 28/35) -
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G14. How long should an employer retain the income withholding orders (IWO) after terminating an employee, in anticipation of reinstating the withholding should the employee be rehired?
Employers should retain IWOs for 180 days after termination.
G15. Does your state charge any fees to the obligor that the employer must withhold and remit to the state?
No
G16. Does your state offer an alternate web-based payment mechanism in addition to paper and EFT/EDI?
Yes
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G17. Can another state send a direct income withholding order to any of the following in your state: employer, financial institution (explain which institutions), bureau of workers' compensation, or other income payer?
Employer - yes. Financial Institutions- only if it makes periodic payments of income to obligor, or other income payor-if it is the payor of record as defined in 750 ILCS 28, Income Holding for Support Act. Illinois Department of Employment Security (UIB) is not servable by other states.
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G18. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your state's prioritization between child support and medical support.
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).
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G19. If your state has more than one state or jurisdiction requesting to collect support for the same obligor/obligee combination under the same court order for the same children, (for example where current support goes to the CP and other states have claims for past periods based on payment of TANF), what is your state's procedure for distributing payments among these arrears claims?
On a proportionate basis following PRWORA distribution rules.
G20. If your practice for distribution of payments between cases is directed by state law or rule, what is the citation?
The practice in Illinois is directed by state rule.
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G21. Does your state's law require a signature on the income withholding order?
Yes

H. Paternity

H1. When your state enters an order establishing paternity, do you also address issues of custody and visitation?
No
H1.1. If yes, please explain.
Not applicable.
H2. 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
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H3. Optional comments regarding legislation that makes paternity acknowledgments conclusive.
The citation is 750 ILCS 46/201 et seq effective 01/01/16
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H4. What is the effective date of the state law that makes paternity acknowledgments conclusive?
08/09/1996
H4.1. Were acknowledgments prior to that effective date rebuttable?
No
H4.2. Optional comments regarding paternity acknowledgments prior to that date.
Paternity acknowledgments prior to 8/9/96 required court ratification.
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H5. Does marriage constitute a rebuttable presumption of paternity?
Yes
H5.1. If yes, how is the presumption rebutted?
Tribunal determination by clear and convincing evidence; completion of Voluntary Acknowledgment of Paternity and Denial of Parentage.
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H6. If the father's name is on the birth certificate and paternity has not been established by any other means, does this mean conclusive determination of paternity?
No
H6.1. If no, briefly explain.
Prior to 08/09/96, the father's name could be added without a determination of paternity. Therefore, paternity is not conclusively determined.
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H7. What is the effective date of the state law that makes a father's name on the birth certificate a conclusive determination of paternity?
After 08/09/1996, a father name could only be placed on the birth certificate if there was a Court Order, Administrative Order or Voluntary Acknowledgement of Paternity.
H8. Does your state have any other paternity-related presumptions?
Yes
H8.1. If yes, briefly explain.
See 750 ILCS 46/204 Sec. 204. Presumption of parentage.
H9. Does your state have a putative fathers' registry?
Yes
H9.1. If yes, what is the name of that entity?
Illinois Putative Father Registry
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H10. Are there any fees for requesting searches, paternity documents and data from your state's bureau of vital statistics?
Yes
H10.1. If yes, please 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
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H11. Is common-law marriage recognized in your state?
No
H11.1. If yes, briefly describe the standard that defines common-law marriage.
Not applicable.
H11.2. When did your current common-law standard go into effect?
H11.3. If there was a common-law standard in effect prior to your current standard, what was that standard and when did it go into effect?
750 ILCS 22/201
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H12. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable; for example, written, videotape, and teleconferencing?
Varies by Court. Written affidavits, teleconferencing and/or video conferencing may be used.
H13. Give the statutory citation for your state's long-arm statute and list any special provisions.
750 ILCS 22/201
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H14. Does your state recover genetic testing costs for another state?
Yes
H14.1. If yes, please explain.
Case by case and only if paternity is established against the alleged father.
H15. List any documents required to get the father's name on the birth certificate. For example, is an acknowledgment of paternity needed?
Certified copy a voluntary acknowledgement of paternity, administrative paternity order, or judicial paternity order, should be sent to the Department of Public Health Division of Vital Records, 925 Ridgley Avenue, Springfield, 62702. Inquires can be made to charissa.norton@illinois.gov
H16. If there is more than one child with the same custodial party and the same alleged father, should one set of documents be sent to your state (with a paternity affidavit for each child) or should a separate packet be sent for each child?
For each child, submit a separate Paternity Affidavit, however only one Uniform Support Petition and General Testimony is required.

I. Support Order Establishment

I1. Does your state use an administrative, judicial, or a combined process to establish a support obligation?
Both administrative and judicial.
I1.1. If your state can establish under both, under what circumstances would the administrative process be used?
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)
I1.2. Under what circumstances would a judicial process would be used?
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.
I1.3. If your state uses an administrative process, provide the statutory citations for your state's administrative procedures.
See 305 ILCS 5/10-1 el seq.
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I2. In setting support under your state's guidelines, whose income is considered in addition to the noncustodial (NCP's) (for example, new spouses or children)?
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)
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I3. 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)
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I4. Will your state establish support orders for prior periods?
Yes
I4.1. If yes, for what prior periods (for example, birth of the child, date of separation, prenatal expenses, 5 years retroactive)?
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 45/14 750 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.
I4.2. What information or documentation does your State require to proceed?
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)
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I4.3. Will your state allow a petition for support when the only issue is retroactive support?
Yes
I4.4. If there are limitations upon your state's ability to establish support for prior periods, specify those limitations.
See 14.2
I5. What actions can your state perform using the administrative process? For example, does your state use an administrative process for paternity, establishment, modification, and the enforcement of child support?
Illinois can establish paternity and establish support administratively. Administrative support orders ( 305 ILCS 5/10-1 et seq.) can be modified through the administrative process. Administrative enforcement methods are used and may be applied to both judicial and administrative orders.
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I6. What is your state's statutory authority for the administrative process?
Article 10 of the Public Aid Code 305 ILCS 5/10- et seq
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