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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 to receive an original and two (2) copies.

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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I7. Is there a local state law that allows an interstate administrative subpoena?
Yes, 305 ILCS 5/10-3.3, 305 ILCS 5/10-6 and 305 ILCS 5/10-13-6.
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I8. Does your state require that a custodial party receiving public assistance, who is not one of the biological parents, have legal custody of a child before establishing an order for support for that child?
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".
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I9. Does your state require that a custodial party who is not one of the biological parents, have legal custody of a child before establishing an order for support for that child 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."
I10. 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. "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."
I11. When your state has issued an order that reserves support and now child support should now be ordered, should the other state request an establishment or a modification?
A modification action should be requested.
I12. 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 custodian obtain legal custody before a support order is modified or established?
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.
I13. 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 custodian obtain legal custody before support can be redirected to the new payee?
Yes. 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 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.
I14. 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
I15. Does your state send and receive pleadings and documents electronically in international cases? **
No
I15.1 If yes, specify the types of pleadings and documents your state can send and receive electronically. **
Not applicable.
I16. When establishing a child support order, what can be included as add-ons to the child support guideline amount? **
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.
I17. Please provide the relevant statutory or case law citation. **
750 ILCS 5/505 and 750 ILCS 46/802 (effective 01/01/16).
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I18. Does your state encourage amicable solutions between parents in order to promote voluntary payment of support, such as the use of mediation, conciliation, or similar consent processes? **
Yes
I18.1 If yes, indicate the appropriate responses. **
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.

J. Support Enforcement

J1. Indicate whether your state has the following enforcement remedies available. Also indicate what procedures are available (i.e., judicial, administrative, or both).
J1.1. Are your state income tax refund procedures judicial, administrative, or both?
Both.
J2. Is the lien process in your state judicial, administrative, or both?
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.
J2.1. What are the trigger criteria for filing a lien?
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
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J2.2. Where are your state liens filed?
The only liens that have to be filed are the real property liens and they are filed with the recorders office in the county in which the property is located.
J2.3. Does your state charge a fee for filing a lien?
Yes
J2.4. If yes, please indicate the amount.
Fees for filling a lien are set by counties and vary throughout the state.
J.3. Does your state enforce property seizure and sale?
No
J3.1. Are the property seizure and sale procedures judicial, administrative, or both?
Not applicable.
J4. Are the MSFIDM freeze and seize procedures in your state judicial, administrative, or both?
The procedures are administrative.
J4.1. When must an NCP receive notice that a MSFIDM freeze and seize action is an enforcement remedy and may be used by the state to collect delinquent child support?
Annually a notice of enforcement remedies is initially provided in an Intent to Pursue Collection Remedies notice. At the time the MSFIDM is pursued, the NCP is notified of the past due support and sent a copy of the Notice of Lien.
J4.2. Does your state's income withholding definition include amounts in financial institutions?
No. (750 ILCS 28/15)
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J4.3. Does your state require a new notice to be sent when intent to freeze and seize is sent?
Yes
J4.3.1 If yes, who notifies the NCP, the state or the financial institution?
Both
J5. What are the time frames if a new notice of intent to freeze and seize must be sent?
Simultaneously.
J5.1. What are the criteria that must be met to deem an obligor eligible for freeze and seize action in your state?
$1000 in arrears.
J5.2. What is the minimum delinquent dollar amount that makes an obligor eligible for asset seizure?
It is $1000.00 in arrears. 89 Illinois Administrative Code 160.70(f)(2)(A)(i)
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J5.3. Is there a specified amount of time of delinquency required prior to proceeding with freeze and seize?
Yes.
J5.3.1. If yes, please provide the time frame.
Unpaid delinquency becomes a judgment by operation of law after 30 days.
J5.4. Are only a certain percentage of the obligor's financial assets eligible for freeze and seize?
No
J5.4.1. If yes, provide the percentage.
Not applicable.
J5.4.2. Is the percentage different for joint accounts?
No
J5.4.3. If yes, describe.
Not applicable.
J5.5. Does your state require a minimum amount of money in a financial account for the funds to be eligible for freeze and seize action? If so, provide the amount.
Yes - $300
J5.6. Who is responsible for applying the minimum amount, your state or the financial institution?
Both.
J5.7. How long does the obligor or other account holders have to contact your state child support enforcement agency or court to challenge the Freeze and Seize action?
Fifteen (15) calendar days. 89 Illinois Administrative Code Section 160.70(f).
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J5.8. If state law or policy allows for a second contest to a freeze and seize action, how long does the obligor or joint account holder have to contact your child support agency or court to challenge the freeze and seize action?
Thirty Five (35) calendar days for an Administrative Review Action to be filed in the appropriate Circuit Court. See 735 ILCS 5/3-103
J5.9. On what basis can an obligor and/or other account holder challenge a Freeze and Seize action?
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. 735 ILCS 5/3 et seq.
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J5.10. Is your state's complaint review process judicial, administrative, or both?
Both.
J5.11. What are your state's penalties for incorrect seizures?
None.
J5.12. Is the second challenge administrative, judicial, or both?
Judicial - Administrative Review Action.
J5.13. What is your state's appeal time frame, unique appeal requirements and recourse for non-debtor accounts?
Fifteen (15) calendar days from date of notice. Request must be in writing.
J5.14. Is the freeze and seize operation in your state centralized or automated?
Centralized and automated.
J5.15. Are there additional freeze and seize requirements or limitations not otherwise noted in this profile?
None
J5.16. Does your state have procedures to liquidate non-liquid assets (for example, stocks, bonds, etc)?
Yes
J5.16.1 If yes, provide the state authority and the procedures financial institutions should follow to liquidate non-liquid assets.
Not Administratively. However, the Court has the authority to liquidate non-liquid assets. 735 ILCS 5/2-1402
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J5.17. Does your state law or policies instruct the financial institution or state to hold the frozen assets during the challenge or appeal time frame or freeze period?
Yes
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J5.18. How long does the financial institution have to send the obligor's assets to your child support enforcement agency?
Five (5) calendar days, after the 15 calendar day appeal period has expired (provided no appeal has been filed). 89 Illinois Administrative Code 160.70(f)(2)(C)(ii)
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J6. Does your state withhold state funds or benefits?
Yes
J6.1. If yes, is the method of withholding state benefits judicial, administrative or both?
Both.
J7. Describe any other administrative enforcement procedures your state may have.
License Suspension, Passport Denial, Report to Consumer Reporting Agencies (Credit Bureaus), Federal and State Income Tax Refund Intercept and Gaming/Lottery winnings.
J8. Describe any other judicial enforcement procedures your state may have.
Petition to set arrears judgment, request for contempt finding, and issuance of body attachment.
J9. If your State has established specific procedures for registering administrative liens, what are the procedures that another State must follow?
The other State must send a request via a transmittal with the underlying documentation to support the request. Illinois will then register the request for an administrative lien which will be issued by Illinois. 750 ILCS 22/Art.6
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J10. Which of your state's enforcement remedies are available without judicial actions?
Income Withholding, License Suspension, Passport Denial, Report to Consumer Reporting Agencies (Credit Bureaus), Intercepts of Federal and State Income Tax Refund and Gaming/Lottery winnings.
J11. Describe your state's procedures for registering and enforcing another state's order.
Judicially or administratively - cases are registered in the appropriate Tribunal and once registered, are treated the same as any Illinois order.
J12. Describe additional judicial procedures required after registration, if any, to enforce a support order.
A Notice of Registration is sent to the parties and the Tribunal who has the controlling order.
J13. Has your state adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA)?
Yes
J13.1. If yes, provide the statutory citation.
735 ILCS 5/12-650 thru 12-657
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J14. What are your state's criteria for reporting an obligor's child support information to credit bureaus?
Currently, DCSS provides NCP names, unique identifying data, and limited balance information to 4 major credit reporting agencies (CRAs) when the past-due amount owed per docket is at least $2,500.00. The CRAs currently utilized are: Equifax, Experian, Innovis, and TransUnion.
J15. To which credit bureaus does your state report an obligor's child support information?
Illinois reports the information to Experian, TransUnion, Innovis and Equifax
J16. Is the method for credit bureau reporting judicial, administrative, or both?
The method is administrative.
J17. These questions describe state procedures for Automated Administrative Enforcement in Interstate Cases (AEI). Refer to OCSE-AT-08-06 for additional information about AEI.
J18. What data matches with financial institutions and other entities (and the seizure of such assets) are available through AEI in your state? Examples may include liens and levies, MSFIDM, FIDM, state benefits (lump sum), state lottery, state income tax, etc.
Data matches are made with MSFIDM, FIDM; State Benefits, State Lottery, State Income Tax Refund Intercept, Recreational Licenses, and Gaming.
J19. What documentation does your state require to proceed with an AEI request?
Child Support Enforcement Transmittal #3.
J20. What mandatory data elements does your state need to process AEI requests?
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.)
For Additional Information - http://www.acf.hhs.gov/programs/cse/pol/AT/2008/at-08-06.htm
J21. Which additional data elements would aid your state in processing AEI requests?
None.
J22. How many copies/sets of documents does your state require with an AEI request?
One (1) set of documents is required.
J23. What are the criteria that must be met to deem an obligor eligible for any AEI matches available in the state, aside from liens/levies and MSFIDM?
The cases must meet the same eligibility requirements as an intrastate case (e.g., the amount owed, legal interest in the asset, etc.).
J24. Does your state's law require financial institutions doing business in your state to accept freeze and seize actions directly from other states?
Yes
J24.1. If no, then describe the process for a freeze and seize action from another child support agency (for example, Transmittal #1 or Transmittal #3), and list the additional documentation required.
J25. What is the procedure for obtaining a certified copy of a court order?
Child Support Enforcement Transmittal #2 or #3.
J26. What is the procedure for obtaining a certified payment record?
Child Support Enforcement Transmittal #2 or #3.
J27. Is there a cost for requesting a certified copy of a court order or payment record?
No, not if provided by the IV-D Agency.
J28. What are your state's policies and practices for driver's license revocation for nonpayment of support and reinstatement, especially for low income parents or a hardship exemption?
Restatement from 1st suspension upon entry of a payment agreement and from 2nd suspension only upon full payment. No revocation, only suspension. NCP may see a hardship exemption.
J29. What triggers a driver's license revocation?
Owe at least $2,500 in past-due support; has made no voluntary payment; and has not during the past 90 days,has no outstanding Protest or Appeal.
J29.1 Is there a threshold arrears amount that serves as the basis to revoke or suspend a driver's license?
Yes.
J29.2 If yes, what is the amount?
The amount is $2,500.00.
J30. Under what conditions may a noncustodial party restore the driver's license?
The suspension remains in effect until the NCP: Complies with the Payment Plan; shows they no longer meet criteria, or there is no longer a past-due balance owed which meets submittal criteria.If a second suspension occurs because of a past-due account balance situation, then the suspension will remain in effect until the total balance due on all applicable cases is paid-in-full.
J30.1 What is the process for restoring a driver's license?
The suspension remains in effect until the NCP: Complies with the Payment Plan; Shows they no longer meet criteria, or there is no longer a past-due balance owed which meets submittal criteria.If a second suspension occurs because of a past-due account balance situation, then the suspension will remain in effect until the total balance due on all applicable cases is paid-in-full.
J31. Does your state allow temporary or conditional driver's licenses?
Yes
J31.1 If yes, what are the conditions?
The conditions for the driving permit is limited to transportation for employment, for seeking employment if unemployed for medical treatment for household member or noncustodial parent.
J32. Describe any innovations or special practices your state uses regarding driver's license revocation and reinstatement.
The state separates the wont pay population from the can't pay population when selecting cases from the drivers license suspension program.
J33. When your state is the initiating state, does it submit delinquent cases to the Debtor File for federal administrative offset?
Yes.
J33.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for administrative offset?
Yes.
J33.2 What is the dollar amount?
Past-due amount owed is at least $150 for TANF or Foster Care debt, and at least $500 for Non-TANF, medical, or SSI debt. An NCP is determined to be eligible for federal administrative offset when this criteria is met.
J35. When your state is the initiating state, does it submit delinquent cases to the Debtor File for insurance match?
No
J35.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for insurance match?
Not applicable.
J36. When your state is the responding state, does it submit delinquent cases to the Debtor File for federal administrative offset?
Yes.
J36.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for federal administrative offset?
Yes.
J36.2 What is the dollar amount?
Past-due amount owed is at least $150 for TANF or Foster Care debt, and at least $500 for Non-TANF, medical, or SSI debt.
J38. When your state is the responding state, does it submit delinquent cases to the Debtor File for insurance match?
No
J38.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for insurance match?
Not applicable.
J38.2 What is the dollar amount?
Not applicable.
J39. When your state is the responding state, does it submit delinquent cases to the Debtor File for passport denial?
Yes.
J40. Does your state give the NCP credit for Retirement, Survivors, and Disability Insurance (RSDI) benefits received directly by the CP?
Yes.

K. Modification and Review/Adjustment

K1. How frequently does your state conduct order reviews in IV-D cases (for example, every year, every three years)?
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
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K2. Briefly describe your state's modification procedure.
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.
K3. What are your criteria for modification (for example, $50 or 20% from present order)?
Upon a showing of an inconsistency of at least 20%, but no less that $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.
K4. Which of the following criteria for demonstrating a change in circumstances apply for modifying an order?
K4.1. The earnings of the obligor have substantially increased or decreased.
Yes
K4.2. The earnings of the obligee have substantially increased or decreased.
Yes
K4.3. The needs of a party or the child(ren) have substantially increased or decreased.
Yes
K4.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed.
Yes
K4.5. The child(ren) has extraordinary medical expenses not covered by insurance.
Yes
K4.6. There has been a substantial change in childcare expenses.
Yes
K4.7. 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.
K5. Does your state have cost of living adjustments (COLAs) for orders?
No
K5.1. If yes, what index does your state use?
Not applicable.
K6. How does your state credit SSA disability to current and past-due support?
SSA dependent benefits due to disability or retirement to be used in lieu of a child support payment if the benefits have already been addressed in the order. Benefits apply first towards the NCP's current child support obligation then to NCP's current medical support obligation.
K7. Does your state abate support? For example, when the child is not living with the CP for more than 30 days and there has not been a change in custody or when the NCP is in prison, etc.
Yes
K7.1. If yes, explain the circumstances?
Illinois only abates support in accordance with child support guidelines. Temporary abatement due to an NCP's seasonal employment or the NCP's incarceration.
K7.2. What is the statutory citation for your abatement law?
The statutory cite for abatement law: Illinois Marriage and Dissolution of Marriage Act - 750 ILCS 5/505 and 750 ILCS 5/510.
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K7.3. What documents does your state require for each type of referral other than UIFSA referrals? For example, pay records and certifications for TANF, etc.
Transmittal with underlying documentation (e.g., court orders, pay records, etc.).
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K7.4. What information does your state need to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests.
Generally, Child Support Enforcement Transmittal #3 and all supporting documents regarding the request. DCSS will then attempt to obtain the requested documents. There is no cost.
K8. What information does your state require to register an out-of-state order for enforcement/modification?
Child Support Enforcement Transmittal #1 and all supporting documents (e.g., copies of relevant orders, payment records, etc.)
K9. When a child reaches the age of emancipation and arrears are owed on the order, and there is no established payment on arrears, does your state statute allow collection to continue at the same rate as current support?
Yes.
K9.1. When a child reaches the age of emancipation and arrears are owed on the order, and there is an established payment on arrears, does your state statute allow collection to continue at the same rate as current support, current support plus arrears, or the arrears payment amount only?
Current support and arrears.
K10. 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.

L. Payments

L1. Does your state define a lump sum payment?
Yes
L1.1 If yes, give your state's definition. (Be specific, for example, severance pay, incentives, relocation lump sum payments, etc.).
"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;. . .
L1.2 Provide the statutory citation.
See 750 ILCS 28/15
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L2. Does your state law require employers to report lump sum payments?
Yes
L2.1 If yes, give the statutory citation or rule.
(305 ILCS 5/10-3.1)
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L3. Are employers required to report lump sum payments for all income-withholding orders (including cases with no arrears)?
No
L3.1 If yes, what is the threshold amount at which a lump sum payment must be reported?
Not applicable.
L4. How are employers instructed to report a pending lump sum?
On the income Withholding Order/Notice, Employers are advised to contact the IV-D agency.
L5. What is the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum?
There is no specified time frame.
L6. Does your state use the income-withholding order to attach the lump sum payment?
No
L7. Does your state use the lien/levy process to attach lump sum payments?
Yes
L7.1. If yes, what is the name of the document your state uses to attach non-wage lump sum payments?
Notice of Lien.
L8. What other documents does your state use to attach lump sum payments?
Notice of Lien - HFS 3741
L9. If the lump sum payment is considered earnings as defined by the Consumer Credit Protection Act (CCPA), does your state have higher limits on withholding than the CCPA limit?
No.
L9.1. If yes, what are those limits?
Not applicable.
L9.2. If the lump sum is not considered to be earnings as defined by the CCPA, does your state limit the withholding/attachment?
Not applicable.
For Additional Information - No Link Provided
L9.3. If yes, what are those limits?
Not applicable.
L9.4. If no, what percentage is the employer required to withhold?
The Federal CCPA limit is 50% of the ADWE for child support and alimony, which is increased by 1)10%if the employee does not support a second family;and/or 2)5if arrears greater than 5% if arrears greater than 12 weeks
L10. If an employer pays the lump sum in addition to regular wages in a single payment, would the CCPA limits apply?
Yes
L10.1 If yes, would the employer only withhold for that period's obligation?
The employer would pay pursuant to the Income Withholding Order.
L11. Does your state have a direct deposit program?
No
L11.1 If so, specify the vendor.
Not applicable.
L12. Does your state have a debit card program?
Yes.
L12.1 If so, specify the vendor.
The vendor is Xerox and the debit card is called the "Way2Go Card".
L13. Is the debit card used for any other state government programs (TANF, SNAP, etc.)?
No.
L13.1 If so, are there fees involved?
Not Applicable.
L14. What are the fees associated with using the card?
There are fees required depending on services requested, www.GoProgram.com
L15. How does your state collect child support payments from an obligor? **
Through the same methods as intrastate cases. Requesting assistance from the foreign reciprocating countries and treaty countries as needed.
L16. How does your state disburse child support payments to foreign reciprocating and treaty 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.
L17. 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.
L18. Does your state process electronic payments in international cases? **
Yes
L18.1 If so, describe the process. **
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.
L19. What is your state's International Bank Account Number (IBAN)? **
Currently, Illinois does not have IBAN.

M. Insurance Match

M1. Note: The Consumer Credit Protection Act (CCPA) limits may apply to any insurance payments issued as an income loss replacement.

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M1.1. Additional information on the CCPA.

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M2. Does your state have legislation that requires insurance companies doing business in your state to provide, exchange, or look up information with or for your state IV-D agency to determine whether a claimant owes past-due child support?
No
M2.1. If yes, provide the statutory citation
Not Applicable.
For Additional Information - No Link Provided
M2.1.2. What information is an insurer required to provide, exchange, or look up with your state's IV-D agency?
Not applicable.
For Additional Information - No Link Provided
M2.2. How long before making a payment to a claimant must an insurer provide information to the agency?
Not Applicable.
M2.3. What criteria must an obligor meet to be eligible for your state's insurance match, exchange, look up, or intercept program? For example, is the law limited to specific claimants (such as policyholder, beneficiary or joint policyholder), types of claims (such as life, property/casualty, or workers' compensation), or specific policies (such as annuities, short term/long term disability)?
Not applicable.
M2.4. Must the obligor meet a monetary threshold (dollar amount or percentage of payment) to be eligible for your state's insurance match program?
Yes. The monetary threshold is obligor owes $1,000.00 or more in past due child support.
M2.5. What does the law require an insurer to do to determine whether a claimant owes past-due child support (for example, log into a secure web application and enter identifying information about the claimant)?
Not applicable.
M2.6. Does your state law provide an alternative method or measure that an insurer may use to determine whether the claimant owes past-due child support (for example, participation in the OCSE Insurance Match Program satisfies the requirement)?
Not applicable.
M2.7. Does your state law establish a penalty for an insurer that fails to comply with the requirement for determining whether a claimant owes past-due child support? If so, provide the statutory citation.
No.
For Additional Information - No Link Provided
M2.8. Does your state law protect an insurer from liability for acting in accordance with the insurance match law?
Yes.
M3. If there is no law, are insurers required to respond to subpoenas or requests for information and liens/levies or IWOs?
Yes.
M3.1. Provide the statutory citation.
305 ILCS 5/10-3.3, 305 ILCS 5/10-6 and 305 ILCS 5/10-13-6.
For Additional Information - exit disclaimer
M4. What forms does your state use to intercept insurance payments, settlements, or awards (such as IWO, Notice of Lien/Levy)?
Notice of Lien.
M5. Who is required notify the NCP of the insurance intercept activity: the child support enforcement agency, the insurance agency, or both?
both.
M5.1. Provide your statutory citation for notifying an NCP of insurance intercept.
305 ILCS 5/10-25.5
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M5.2. Once notified, is there an appeal period for the obligor and what is its length? Give the statutory citation.
Yes - 15 days to file an appeal. 305 ILCS 5/10-25.5 89 Illinois Administrative Code 160.70(f)
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M6. Are there attorney fees associated with the insurance intercept activity?
No.
M7. How does another state initiate and intercept collections from your state 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.
M7.1. What is the process, the points of contact, and what forms?
The point of contact would be the Central Registry. A transmittal and the underlying documentation would need to be submitted. Central Registry would then refer to the Collection Unit.

N. Case Closure

N1. Does your state send a CSENet case closure transaction to let the responding state know its intergovernmental services are no longer needed? (MSC P GSC15)
Yes
N2. Does your state 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) (a)Initiating state failure to take an action essential for the next steps? (b)The initiating state requested the responding state to close the case?
Yes
N3. Does your state 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)
Yes
N4. Does your state 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)
Yes