| Illinois State Profile |
|
| A. General/State-At-A-Glance |
| A1. What is your State's program administration/operation type (State administered/State operated, State administered/County operated, or a combination)? |
| State administered/State operated. |
| A2. How many local IV-D offices are in your State (excluding agencies with cooperative agreements)? |
| Nine Regional Offices and 102 counties participate in the child support program. |
| A3. With what types of agencies do you have cooperative agreements? |
| Illinois Department of Revenue, Illinois Department of Children and Family Services, Illinois Department of Employment Security, Illinois Department of Professional Regulation, Illinois State Police, Illinois Office of the Comptroller, IL state's Attorney, IL Circuit Clerks, IL Sheriffs, intra-agency agreements, IL Attorney General,Secretary of State and Natural Resources. |
| A4. Does your State have statutes that set forth the attorney-client relationship between the State's attorney and the agency only? |
| Yes |
| A4.1. If yes, what is the statutory citation? |
(305 ILCS 5/10-3.1)
For Additional Information - http://www.ilga.gov/legislation/96/SB/09600SB1969.htm |
| A4.2. Did your State have the State's Bar Counsel issue an opinion setting for the attorney-client relationship? |
| No |
| A4.3. If yes, please explain. |
| |
| B. UIFSA |
 |
|
| B1. What is the enactment date of your State's Uniform Interstate Family Support Act (UIFSA)? |
| 7/28/1998 |
| B2. What is the effective date of your State's UIFSA? |
| 7/28/1998 |
| B3. What is the statutory citation for your State's Act? |
750 ILCS 22/100-22/910
For Additional Information - http://www.ilga.gov/legislation/ilcs/ilcs2.asp?ChapterID=59 |
| B4. What version of UIFSA has your state implemented (i.e. the 1996 or 2001 version)? |
| 2001 |
| B4.1. If your state has implemented the 2001 version, when was it implemented? |
| 07/01/2004 |
| B5. Optional comments regarding your State's UIFSA. |
| |
| C. Reciprocity |
|
|
| C1. With what foreign countries does your State reciprocate? |
| Australia,Canadia, Provinces,Czech Republic,El Salvador,Finland,Hungary,Ireland, Netherlands,Norway,Poland,Portugal,Slovak Republic,Switzerland,United Kingdom of Great Britan and Northern Ireland. |
| 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. |
| |
| C2. Has your State established reciprocity with any Tribal courts? |
| No |
| C2.1. If yes, list the Tribes and identify services provided, if less than full services. |
| |
| 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)
For Additional Information - http://www.ilga.gov/legislation/ilcs/ilcs2.asp?ChapterID=60 |
| 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 impact what law is applied? |
| No |
| D4.1. If yes, please explain. |
| |
| D5. Does child support end if the child leaves the household but does not emancipate? |
| No |
| D5.1. Optional comments regarding emancipation. |
| 750 ILCS 5/14 |
| D6. Does your State allow support to be paid beyond the age of majority under any circumstances (e.g. 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 other wise emancipates? |
| No |
| D7.1. If yes, please describe the procedure. |
| |
| 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. |
| 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.
For Additional Information - http://www.ilga.gov/legislation/ilcs/ilcs2.asp?ChapterID=59 |
| E3. Is dormancy revival/renewal possible? |
| No |
| E3.1. Please explain the circumstances when possible, and the length of time possible. |
| |
| F. Support Details |
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|
| F1. What guideline type or method does your State use to calculate child support (e.g., Shared Income Model, Percentage of Income Model, and Melson Formula)? |
Percentage income model
For Additional Information - No Link Provided |
| F2. Does your State charge interest on missed arrears? |
| Statute permits 9% annually, IV-D policy does not provide for collection of the same. Interest is applicable against any amount 30 days past due. Legislation is pending to confirm. |
| 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. |
| 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
For Additional Information - http://www.ilga.gov/legislation/96/SB/09600SB1969.htm |
| F5. Will your State enforce a medical debt for 50% of the uninsured portion of a medical bill? |
| No |
| F5.1. If yes, under what circumstances? |
| Unless the amount is enrolled as a lump sum judgement that was accrued, the service of an Income Withholding Notice with a Medical Support amount will be afforded. |
| 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/fees charged to the obligee? |
| |
| F6.2. What costs are recovered from/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? |
| No |
| F7.1. Optional comments regarding recovering of initiating State's fees. |
| |
| F8. Please provide a citation for your State's long-arm statute to establish and/or enforce child support. |
750 ILCS 22/201
For Additional Information - http://www.ilga.gov/legislation/ilcs/ilcs2.asp?ChapterID=59 |
| F9. Does your State establish, enforce, or modify spousal maintenance orders? |
| Yes |
| F9.1. If yes, under what circumstances? |
| No establishment or modification,will enforce in conjunction with current child support and child lives with spouse. |
| 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, See AT 05-03)? |
| No |
| F10.1. Optional comments regarding required information on spouse or partner. |
No
|
| F11. How does your State impose and collect the mandatory annual fee applicable to IV-D cases for individuals who have never received IV-A assistance? |
| IL pays the fee it is collected from state funds. |
| F11.1. Does your State collect the fee by retaining the support collected on behalf of the individual (but not the first $500 collected)? |
| No |
| F11.2 Does your State collect the fee from the individual applying for IV-D s.ervices? |
| 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 will your State implement the required DRA limited-assignment provision? |
| 10/01/2009 |
| F13. Will your State pass through (and disregard for TANF eligibility purposes) the Excepted Portion to Families in Current Assistance cases? |
| No, $50.00 |
| F13.1. If yes, provide the date. |
|
| F14. Will your State participate in the pass through in Former Assistance cases? |
| No |
| F14.1. If yes, provide the date. |
|
| 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. |
| |
| F15.2. When will your State discontinue each type of assignment? |
| Illinois will discontinue; 1) UDA, Unassigned during-assistance arrears eff. 10/01/09, 2) Temporarily-assigned arrears will become NA arrears when the CP cancels TANF. As of 10/02/08, we are pending a decision from our Department Administrator as to if/when conditionally-assigned arrears will be discontinued. |
| F16. Will your State follow PRWORA distribution ordering rules or DRA distribution ordering rules in Former Assistance cases? |
| DRA Distribution rules. |
| F17. What are your States 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. |
| F17.1. What are your States 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. |
| 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. |
| 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. |
| G. Income Withholding |
|
|
| G1. What term(s) does your State use to refer to income withholding (e.g., wage withholding)? |
| Income withholding |
| G2. 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))
For Additional Information - http://www.ilga.gov/legislation/ilcs/ilcs2.asp?ChapterID=59 |
| G3. Does your State have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits? |
| No |
| G3.1. If yes, what are those limits? |
| |
| G4. What is the allowable fee per pay period for processing income withholding payments? |
Up to $5.00 per month (fee deducted from employee's remaining pay, not from withheld support).
For Additional Information - http://www.ilga.gov/legislation/96/SB/09600SB0100eng.htm |
| G5. 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. (750 ILCS 28/35) |
| G6. 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. |
| G7. 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) |
| G8. 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) |
| G9. Does your State allow direct income withholding of unemployment insurance (UI) benefits across State lines? |
| No |
| G9.1. If yes, list the name and address for the contact who will receive the direct income withholding order. |
| |
| G9.2. Optional comments regarding direct withholding of UI benefits across state lines. |
| |
| G10. Does your State allow direct income withholding of workers' compensation (WC) benefits across State lines? |
| Yes |
| G10.1. Optional comments regarding direct withholding of WC benefits across State lines. |
| |
| G11. How does an obligor contest income withholding in your State? |
| File a petition with an Illinois tribunal. |
| G12. When the obligor has more than one claim for child support against his/her income, indicate your State's priority scheme for income withholding orders (e.g., employer should allocate 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 |
| G12.1. 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 |
| G12.2. If assistance is not available, explain how employers should proceed. Please provide a citation for the State law that governs how they should proceed. |
| For Additional Information - http://www.ilga.gov/legislation/ilcs/ilcs2.asp?ChapterID=59 |
| G13. Does your State require any mandatory deductions, such as union dues, medical insurance premiums, etc., to arrive at net pay from gross pay when calculating disposable income for child support purposes? |
| Yes |
| G14. When does your state require the employer to send notice of an employee's termination? |
Promptly
For Additional Information - http://www.ilga.gov/legislation/ilcs/ilcs2.asp?ChapterID=28 |
| G15. How long should an employer retain the income-withholding order (IWO) after termination of an employee, in anticipation of reinstating the withholding should the employee be rehired? |
| 180 Days |
| G16. Does the State charge any fee to the obligor that the employer is required to withhold and remit to the State? |
| No. |
| G17. Does your State offer an alternate web-based payment mechanism in addition to paper and EFT/EDI? |
| Yes |
| G18. Can a direct income withholding be sent to any of the following in your State: employer, financial institution (explain what 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.
For Additional Information - http://www.ilga.gov/legislation/ilcs/ilcs2.asp?ChapterID=59 |
| G19. 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).
For Additional Information - http://www.ilga.gov/legislation/ilcs/ilcs2.asp?ChapterID=59 |
| H. Paternity |
|
|
| H1. When your State enters an order establishing paternity, are issues of custody and visitation also addressed? |
| No |
| H1.1. If yes, please explain. |
| |
| H2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity? |
500 to 1 C.P.I.
For Additional Information - http://www.ilga.gov/legislation/ilcs/ilcs2.asp?ChapterID=59 |
| H3. Optional comments regarding paternity acknowledgment conclusive legislation. |
| (750 ILCS 45/5) |
| H4. What is the effective date of the State law that makes paternity acknowledgments conclusive? |
| 8/9/1996 |
| 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. |
| H5. Does marriage constitute a rebuttable presumption of paternity? |
| Yes |
| H5.1. If yes, how is the presumption rebutted? |
| Genetic testing, access |
| H6. If the father's name is on the birth certificate and paternity has not been established by any other means does this mean that paternity is conclusively determined? |
| 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.
For Additional Information - http://www.ilga.gov/legislation/96/HB/09600HB4008.htm |
| H7. Does your State have any other paternity-related presumptions? |
| Yes |
| H7.1. If yes, briefly explain. |
(750 ILCS 45/5) Presumption of Paternity. a) A man is presumed to be the natural father of a child if: (1) he and the child's natural mother are or have been married to each other, even though the marriage is or could be declared invalid, and the child is born or conceived during such marriage; (2) after the child's birth, he and the child's natural mother have married each other, even though the marriage is or could be declared invalid, and he is named, with his written consent, as the child's father on the child's birth certificate; (3) he and the child's natural mother have signed an acknowledgment of paternity in accordance with rules adopted by the Illinois Department of Public Aid Code; (4) he and child's natural mother have signed an acknowledgment of parentage or , if the natural father is someone other than one presumed to be the father under this Section, an acknowledgment of parentage and denial of paternity in accordance with Section 12 of the Vital Records Act; or (5) rebuttal with CPI of at least 500 to 1. (See answer to H2)
For Additional Information - http://www.ilga.gov/legislation/ilcs/ilcs2.asp?ChapterID=59 |
| H8. Does your State have a putative fathers' registry? |
| Yes |
| H8.1. If yes, what is the name of that entity? |
| Illinois Putative Father Registry - Division of Child and Family Services. |
| H9. Are there any fees for requesting searches, paternity documents, and data from your State Bureau of Vital Statistics? |
| Yes |
| H9.1. If yes, please describe any circumstances under which these fees may be waived. |
| If the client is receiving TANF. |
| H10. Is common law marriage recognized in your State? |
| Yes |
| H10.1. If yes, briefly describe the standard that defines common law marriage. |
When the legal relationship was established under another state's order or law. Illinois law does not provide for common law marriage. However, Full Faith and Credit will be given to a common law marriage established under another state law.
For Additional Information - http://www.ilga.gov/legislation/96/SB/09600SB1716ham001.htm |
| H10.2. When did your current common law standard go into effect? |
| 10/20/1994 |
| H10.3. 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? |
| No |
| H11. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable (e.g., written, videotape, teleconferencing) |
| Written, videotape, teleconferencing |
| H12. Please give the statutory citation for your State's long arm statute and list any special provisions. |
750 ILCS 22/201
For Additional Information - http://www.ilga.gov/legislation/ilcs/ilcs2.asp?ChapterID=59 |
| H13. Does your State recover genetic testing costs for other States? |
| Yes |
| H13.1. If so, please explain. |
| Case by case basis and only if paternity is established against the alleged father. |
| H14. List any documents required to get the father's name on the birth certificate (e.g. is an acknowledgement of paternity needed)? |
| Yes |
| H15. What is the effective date of the State law that makes a father's name on the birth certificate a conclusive determination of paternity? |
| The effective date is 08/09/1996 when the law went into effect. |
| 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? |
| Either |
| I. Support Order Establishment |
|
|
| I1. Does your State use an administrative, a judicial or a combined process to establish a support obligation? |
| Both |
| 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 and 305 ILCS 5/10-11) |
| I1.2. Under what circumstances would the judicial process be used? |
| Any case where the circuit court has taken jurisdiction and the order has active terms. All cases with unusual circumstances are referred judicially. Volume of case flow may impact referral process. Paternity establishment for older children. (305 ILCS 5/10-13.9) |
| I1.3. If your State uses an administrative process, provide the statutory citations for your State's administrative procedures. |
305 ILCS 5/10-1 el. seg.
For Additional Information - http://www.ilga.gov/legislation/ilcs/ilcs2.asp?ChapterID=28 |
| I2. In setting support under your State's guidelines, whose income is considered in addition to the NCP (e.g., new spouse's or child's) |
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.
For Additional Information - No Link Provided |
| 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)
For Additional Information - http://www.ilga.gov/legislation/ilcs/ilcs2.asp?ChapterID=28 |
| I4. Will your State establish support orders for prior periods? |
| Yes |
| I4.1. If yes, for what prior periods (e.g., 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;)750 ILCS 45/14,(Illinois Parentage Act of 1984)Public Aid Code 10-10,11,11.1) |
| 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.
For Additional Information - No Link Provided |
| I4.3. Will your State allow a petition for support when the only issue is retroactive support? |
| No |
| I4.4. If there are limitations upon your State's ability to establish support for prior periods, please specify. |
| See 14.2 |
| I5. What actions can your State perform using the administrative process? Does your State use an administrative process for paternity, establishment, modification and the enforcement of child support? |
Most processes. Yes
For Additional Information - http://www.ilga.gov/legislation/ilcs/ilcs2.asp?ChapterID=59 |
| I6. What is your State's statutory authority for the administrative process? |
Article 10 750 ILCS 5/10.1
For Additional Information - http://www.ilga.gov/legislation/ilcs/ilcs2.asp?ChapterID=59
|
| I7. Is there a local State law that allows an interstate administrative subpoena? |
No
For Additional Information - http://www.ilga.gov/legislation/ilcs/ilcs2.asp?ChapterID=28 |
| I8. Does your State require that a custodial party (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is being expended? |
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 a guardianship, Illinois DCSE will proceed with documents, such as school records, doctors statements, etc. that can be used to prove the child(ren) live with the new custodial parent.
For Additional Information - No Link Provided |
| I9. Does your State require that a custodial person (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is/or is not being expended? |
| 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 a guardianship, Illinois DCSE will proceed with documents, such as school records, doctors statements, etc. that can be used to prove the child(ren) live with the new custodial parent. |
| I10. Does your State require that a custodial party (who is not one of the biological parents) to have legal custody of a child before enforcing an order for support that was issued as the biological parents as the parties for non public assistance cases? |
| 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 a guardianship, Illinois DCSE will proceed with documents, such as school records, doctors statements, etc. that can be used to prove the child(ren) live with the new custodial parent. |
| I11. When your State has issued an order that reserves support, and now child support should be ordered, should the other State request an establishment or a modification action? |
| Establishment action. |
| 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? |
| Administrative only (305 ILCS 5/10-17.5) |
| J2. Is the lien process in your State judicial, administrative or both? |
| Procedurally, liens may be done administratively or judicially. However, liens are currently done only administratively. Illinois IV-D policy requires an arrears of $1,000 or more for FI accounts or lump sums and $3500 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? |
$1,000 arrearage for FI accounts and lump sums; $3500 for real property
For Additional Information - http://www.ilga.gov/legislation/ilcs/ilcs2.asp?ChapterID=63 |
| 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. |
| Varies by county. |
| J.3. Does your State enforce property seizure and sale? |
| No |
| J3.1. Are the property seizure and sale procedures judicial, administrative, or both? |
| |
| J4. Are the MSFIDM Freeze and Seize procedures in your State judicial, administrative, or both? |
| The procedures are administrative. |
| J4.1. When must a 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? |
| When there is an intent to Freeze and Seize. The NCP is notified of the delinquency and sent the notice of lien. |
| J4.2. Does your State's income withholding definition includes amounts in financial institutions? |
No
For Additional Information - http://www.ilga.gov/legislation/ilcs/ilcs2.asp?ChapterID=63 |
| J4.3. Does a new notice have to be sent when intent to Freeze and Seize is sent? |
| Yes |
| J4.3.1 If yes, who notifies the NCP, the State or 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 dollar amount that the obligor must be delinquent prior to becoming eligible for asset seizure? |
$1000.00
For Additional Information - No Link Provided |
| J5.3. Is there a specified amount of time for the obligor to be delinquent prior to proceeding with Freeze and Seize? |
| No. |
| J5.3. 1. If yes, please provide the time frame. |
| |
| J5.4. Are only a certain percentage of the obligor's financial assets eligible for Freeze and Seize? |
| No |
| J5.4.1. If yes, please provide the percentage. |
| |
| J5.4.2. Is the percentage different for joint accounts? |
| No |
| J5.4.3. If yes, please define. |
| |
| J5.5. Does your State require that a minimum amount of money must be in a financial account for the funds to be eligible for Freeze and Seize action? If so, please 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 and/or account holders have to contact your State child support enforcement and/or court to challenge the Freeze and Seize action? |
15 Days
For Additional Information - No Link Provided |
| J5.8. If State law and/or policy allows for a second contest to Freeze and Seize action, how long does the obligor and/or joint account holder have to contact your State child support agency or court to challenge the Freeze and Seize action? |
| 35 Days |
| J5.9. On what basis can an obligor and/or other account holders challenge/contest a freeze and seize action? |
NCP can challenge child support balance. Joint owners portion of the funds are exempt from seizure.
For Additional Information - No Link Provided |
| 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. |
| J5.13. What are your State's appeal time frame, unique appeal requirements and recourse for non-debtor accounts? |
| 15 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. Has your State established a minimum benefit amount that must be met for a financial institution to proceed with the Freeze and Seize action? |
| Yes |
| J5.16.1. If yes, what is the amount? |
| $300.00 |
| J5.17. Does your state have procedures in place to liquidate non-liquid assets (e.g., stocks, bonds, etc)? |
| No |
| J5.17.1 If yes, please provide the State statutory citation and the procedures financial institutions should follow to liquidate non-liquid assets. |
| For Additional Information - http://www.ilga.gov/legislation/96/HB/09600HB3741.htm |
| J5.18. Does your State law/policy instruct the financial institution or State to hold the frozen assets during the challenge/appeal time frame and/or freeze period? |
Yes
For Additional Information - http://www.ilga.gov/legislation/96/HB/09600HB3741.htm
|
| J5.19. How long does the Financial Institution have to send the obligor's assets to your State child support enforcement agency? |
5 days.
For Additional Information - No Link Provided |
| 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. Administrative liens and levies on personal property for past-due child support. (305) ILCS 5/10-25.5) |
| J7. Please describe any other administrative enforcement procedures your State may have. |
| License suspension and passport denial. |
| J8. Please describe any other judicial enforcement procedures your State may have. |
| Rule to Show Cause Hearings. |
| J9. If your State has established specific procedures for registering administrative liens, what are the procedures that another State must follow? |
Process in development.
For Additional Information - http://www.ilga.gov/legislation/ilcs/ilcs2.asp?ChapterID=60 |
| J10. Which of our State's enforcement remedies are available without registration? |
| Only direct income withholding. |
| J11. Describe your State's registration and enforcement procedures. |
| Judicially or administratively registered remedies available are the same as any Illinois order. |
| J12. After registration, describe additional judicial procedures required, if any, to enforce a support order. |
| None |
| J13. Has your state adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA)? |
| Yes |
| J13.1. If yes, please provide the statutory citation. |
735 ILCS 5/12-650 thru 12-657
For Additional Information - http://www.ilga.gov/legislation/ilcs/ilcs2.asp?ChapterID=51 |
| J14. Does your State's law require financial institutions doing business in your State to accept Freeze and Seize actions directly from other States? |
| Yes |
| J14.1. If no, describe the process for a Freeze and Seize action from another State's IV-D agency (e.g., Transmittal #3, Transmittal #1, and list additional documentation required). |
| |
| J15. Does your State use credit bureau reporting as an enforcement method? |
|
| J15. Does your State use credit bureau reporting as an enforcement method? |
| Yes |
| J16. Provide which credit bureaus your State report an obligor's child support information? |
| Experian, Transunion,Innovis and Equifax |
| J16. Provide which credit bureaus your State report an obligor's child support information? |
|
| J17. Is the method for credit bureau reporting judicial, administrative or both? |
|
| J17. Is the method for credit bureau reporting judicial, administrative or both? |
| Administrative |
| J18. In an interstate case, does your State report an obligor's child support information to credit bureaus when it is the initiating State, the responding State, or both? |
|
| J18. In an interstate case, does your State report an obligor's child support information to credit bureaus when it is the initiating State, the responding State, or both? |
| Both |
| J19. What are your State's criteria for reporting an obligor's child support information to credit bureaus? |
|
| J19. What are your State's criteria for reporting an obligor's child support information to credit bureaus? |
| $500 in arrears. |
| K. Modification and Review/Adjustment |
|
|
| K1. With what frequency are reviews conducted in IV-D cases (e.g., every year, every three years)? |
| Cases qualify for reviews every 36 months. |
| K2. On what basis are the reviews conducted (e.g., on request of the CP, NCP in non-TANF cases, automatically in TANF cases)? |
| At least 36 months have elapsed since establishment, modification or last modification review or RR ("Responsible Relative")income/support amount or no medical insurance ordered or request for review received from client, RR 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 IDPA by a TANF client. |
| K3. Briefly describe your State's modification procedure. |
| Selection procedure is automated remaining procedure requires manual processing. |
| K4. What are your criteria for modification (e.g., $50 or 20% from present order)? |
| At least 20% change in income, minimum of $10 per month. |
| K5. Which of the following criteria for demonstrating a change in circumstances apply, if any? |
|
| K5.1. The earnings of the obligor have substantially increased or decreased. |
| Yes |
| K5.2. The earnings of the obligee have substantially increased or decreased. |
| No |
| K5.3. The needs of a party or the child(ren) have substantially increased or decreased. |
| Yes |
| K5.4. The cost of living as measured by the Federal Bureau of Labor Statistics has changed. |
| No |
| K5.5. The child(ren) have extraordinary medical expenses not covered by insurance. |
| Yes |
| K5.6. There has been a substantial change in child care expenses. |
| Yes |
| K5.7. What other criteria does your State use for demonstrating a change in circumstances or comments regarding change of circumstances? |
| 1) Medical insurance was not addressed. 2) case was previously selected for review but closed because there was no employer. |
| K6. Does your State have cost of living adjustments (COLAs)? |
| No |
| K6.1. If so, what index does your State use? |
| |
| K7. How does your State credit SSA disability to current and past due support? |
| SSA dependent allowance benefit payment shall be applied towards child support up to the total amount of child support due in that month. Any dependent allowance amount that is over the ordered amount is considered a gift and cannot be applied to satisfy any delinquency and/or arrearage that accrued prior to the first month that the dependent allowance was received. |
| K8. Does your State abate support? For example, when the child is not living with the custodial parent for more than 30 days and there has not been a change in custody, or when the non-custodial parent is in prison, etc. |
| Illinois only abates support in accordance with child support guildelines. |
| K8.1. If yes, please explain the situation? |
| |
| K8.2. What is the statutory citation for your abatement law? |
The statutory cite for abatement law: 750 ILCS /505, 750 ILCS 5/510, and ILCS S. Ct. rule 296.
For Additional Information - http://www.ilga.gov/legislation/ilcs/ilcs2.asp?ChapterID=63 |
| K8.3. What documents are required for each type of referral other than UIFSA referrals? For example, pay records and certifications for TANF, etc. |
| Transmittal three and all supporting documents. |
| K8.4. Please provide information to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests. |
| www.idph.state.il.us/vitalrecords/index.htm |
| K9. What information is required to register an out-of-State order for enforcement/modification? |
| Refer to UIFSA. |
| L. Lump Sum Payments |
|
|
| L1. Does your State define a lump sum payment? |
| No |
| L1.1 If yes, please provide your State's definition. (Be specific, i.e., severance pay, incentives, relocation lump sum payments, ect)? |
| any one time or non-periodic payment is considered a lump sum payment. |
| L1.2 Provide the statutory citation. |
For Additional Information - http://www.ilga.gov/legislation/ilcs/ilcs2.asp?ChapterID=63 |
| L2. Does your State law require employers to report lump sum payments? |
| Yes |
| L2.1 If yes, please provide the statutory citation or rule requiring employers to report this information. |
750 ILCS 28/35 & 750 ILCS 28/15
For Additional Information - http://www.ilga.gov/legislation/ilcs/ilcs2.asp?ChapterID=63 |
| L3. Are employers required to report lump sums for all income withholding orders (including cases with no arrears)? |
| Yes |
| L3.1 If yes, what is the threshold amount at which a lump sum payment must be reported? |
| |
| 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. Provide 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. How long must the employer hold the lump sum before releasing the payment to the custodial parent? |
| |
| L7. Does your State use the income withholding order to attach the lump sum payment? |
| No |
| L7.1 If yes, is it noted on the original order or is it sent specifically to cover the lump sum? |
| |
| L8. Does your State use the lien/levy process to attach the lump sum payment? |
| Yes |
| L8.1 If yes, what is the name of the document your State uses to attach lump sum payment? |
| Notice of Lien - HFS 3741(R-1-06) |
| L9. What other documents does your State use to attach lump sum payments? |
| None |
| L10. Does your State require the consumer Credit Protection Act (CCPA) limits to be applied to lump sum payments? |
| Yes |
| L10.1 If yes, what are those limits? |
Withholding Limits: For state orders, you may not withhold more than the leaser of: 1)The amounts allowed by the Federal Consumer Credit Protection Act (15 u.s.c. 1673(b));or 2) The amounts allowed by the state of the employee/obligor's principal place of employment. The federal limit applies to the aggregate disposal weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as; state, federal, local taxes; Social Security taxes;statutory pension contributions;and Medicare Taxes. Under Illinois law, the amount actually withheld from the obligor's income for support and other purposes,including the payor withholding fee,may not be in excess of the maximum amount permitted under the Federal Consumer Credit Protection Act. 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.
For Additional Information -
http://www.ilga.gov/legislation/ilcs/ilcs2.asp?ChapterID=63 |
| L10.2 If no, what percentage is the employer required to withhold? |
| |
| L11 If an employer pays the lump sum in addition to regular wages, in a single payment, would the CCPA limits apply? |
| Yes |
| L11.1 If yes, would the employer only withhold for that period's obligation? |
| Yes |
| M. Insurance Match |
|
|
| M1. The CCPA limits may apply to any insurance payments issued as an income loss replacement. Additional information on the legislative authority is provided. |
| For Additional Information - http://www.dol.gov/esa/whd/regs/compliance/whdfs30.pdf |
| M1.1. Additional information on the CCPA. |
| For Additional Information - http://www.dol.gov/dol/allcfr/Title_29/Chapter_V.htm |
| M2. Does your State have legislation that requires/mandates insurance companies doing business in your State to provide, exchange, or look-up information with your State IV-D agency to determine if a claimant owes past due child support? |
| No |
| M2.1. If yes, provide the statutory citation |
| For Additional Information - http://www.ilga.gov/legislation/96/HB/09600HB3741.htm |
| M2.1.2. Provide a list of information that the insurer is required to provide, exchange, or look-up with your State IV-D agency. |
| |
| M2.2. Provide the required timeframe that an insurer must provide, exchange, or look-up information prior to making payments to the claimant. |
| Yes |
| M2.3. List the criteria that must be met for an obligor to be eligible for your State's insurance match, exchange, look-up, or intercept program. Is the law limited to specific claimants (e.g., policyholder, beneficiary, joint policy holder), types of claims (e.g., life, property & casualty, or workers' compensation), or specific policies (e.g., annuities, short term/long term disabilities)? |
| Criteria: Owe $1000 or more in past due child support. Liens are against claimants only. Ability to lien against any isurance claim, but mostly lump sum settlement liens/worker's compensation for claimants. Short and long term disabilities. |
| M2.4. Is there a monetary threshold that must be met for the obligor to be eligible for your State's insurance match program? Please provide the dollar amount and/or percentage of the threshold. |
| Yes. Owe $1000 or more in past due child support. |
| M2.5. Provide a description of the steps the law requires an insurer to take to determine whether a claimant owes past due child support (e.g., insurers are required to log into a secure web application and enter identifying information about the claimant). |
| N/A |
| M2.6. Please provide the wording of any other provision in your State law that specifies an alternative method or measure that an insurer may take to comply with the terms of the State law requiring the insurer to either provide, exchange, or look-up information with your State IV-D agency to determine if the claimant owes past due child support (e.g., if the insurer participates in the OCSE Insurance Match Program, the requirement is satisfied). |
| N/A |
| M2.7. Does your State law establish a penalty for an insurer who fails to comply with a requirement to provide, exchange, or look-up information with the State IV-D agency to determine whether a claimant owes past-due child support? If so, provide a summary of that law. |
No.
For Additional Information - http://www.ilga.gov/legislation/96/HB/09600HB3741.htm |
| M2.8. Does your State law protect an insurer from liability for acting in accordance with the insurance match law? |
| N/A |
| M2.9. If there is no law in place, has your State proposed or introduced legislation to require/mandate insurance companies doing business in your State to provide, exchange, or look-up information with your State IV-D agency to determine if a claimant owes past due child support? |
No
For Additional Information - http://www.ilga.gov/legislation/96/HB/09600HB3741.htm |
| M3. If there is no law in place, are the insurers required to respond to subpoenas/ requests for information and liens/levies or IWOs? |
| Yes |
| M3.1. Please provide the statutory citation. |
305 ILCS 5/10-25.5 and 89 IL Administrative Code 160.70 (g)
For Additional Information - http://www.ilga.gov/legislation/96/HB/09600HB3741.htm |
| M4. List the form(s) your State uses to intercept insurance payments, settlements, or awards. (e.g., IWO, Notice of Lien/Levy). |
| HFS 3741, Notice of Lien |
| M5. Who is required to notify the NCP of the insurance intercept activity; the child support enforcement agency and/or the insurance agency? |
| Child Support Agency |
| M5.1. Please provide your statutory citation for notifying an NCP of insurance intercept. |
305 ILCS 5/10-25.5
For Additional Information - http://www.ilga.gov/legislation/96/HB/09600HB3741.htm |
| M5.2. Once notified, is there an appeal period allocated and if so, indicate the number of days the NCP has to appeal. Please provide the statutory citation. |
Yes - 15 days to file an appeal. 305 ILCS 5/10-24 and 305 ILCS 5/10-24.5
For Additional Information - No Link Provided |
| 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 workers comp, they have to open a case in IL (UIFSA) with a request for enforcement of child support order, of course supplying information that there is a workers compensation claim. |
| M7.1. What is the process, the points of contact, and what forms must be completed? |
| Only a request is needed, once a case is open in IL. Staff will email the unit who processes liens that there is a workers comp claim. That unit follows up on the case. |
|
