Section 160.70 Enforcement of Support Orders

Section 160

Section 160.70  Enforcement

of Support Orders

a)         Income

Withholding

Whether using the administrative process (see Section 160.60(d)) or the

judicial process (see Section 160.60(e)), the Department shall follow the

procedures for withholding of income contained in Section 160.75 to enforce and

collect past-due support owed by responsible relatives in IV-D cases, and it

shall as promptly as possible distribute all amounts collected.  In addition to

income as defined in Section 160.75, the Department shall proceed to collect

support from the principal and income of trusts as provided by Section 2-1403

of the Code of Civil Procedure [735 ILCS 5/2-1403].

b)         Federal

and State Income Tax Refunds and Other Payments

1)         The Department shall collect past-due support owed by

responsible relatives in IV-D cases through intercept of federal and State

income tax refunds and other federal and State payments (see Section 10.05a of

the State Comptroller Act [15 ILCS 405/10.05a]

,

Section 2505-650 of the Department of Revenue Law [20 ILCS 2505/2505-650]

and

the Debt Collection Improvement Act of 1996 (31 USC 3701 et seq.)) due the

responsible relatives.

2)         The Department shall submit past-due support amounts to:

A)        the Department of Health and Human Services to intercept

federal income tax refunds and other federal payments in accordance with

federal instructions as follows:

i)          in IV-D TANF and IV-D foster care cases, past-due support

owed for a child or for a child and the parent with whom the child is living in

an amount not less than $150

nt shall submit past-due support amounts to:

A)        the Department of Health and Human Services to intercept

federal income tax refunds and other federal payments in accordance with

federal instructions as follows:

i)          in IV-D TANF and IV-D foster care cases, past-due support

owed for a child or for a child and the parent with whom the child is living in

an amount not less than $150.  The Department may combine assigned support

amounts from the same obligor in multiple cases to reach the minimum amount of

$150 for TANF and Foster Care cases; however, amounts under this subsection (b)(2)(A)(i)

may not be combined with amounts under subsection (b)(2)(A)(ii) to reach the

minimum amounts required for submittal; and

ii)         in IV-D non-TANF cases, past-due support owed to or on behalf

of a child, or a child and the parent with whom the child is living if the same

support order includes support for the child and the parent, and the amount of

past-due support is not less than $500.  The Department may combine

non-assistance support amounts from the same obligor in multiple cases to reach

the minimum amount of $500; however, amounts under this subsection (b)(2)(A)(ii)

may not be combined with amounts under subsection (b)(2)(A)(i) to reach the

minimum amounts required for submittal.

B)        the Illinois Department of Revenue to intercept State income

tax refunds and the Comptroller to intercept other State payments as follows:

i)          in active IV-D cases, past-due support owed in an amount not

less than one month's support obligation or $25, whichever is less;

ii)         in inactive IV-D TANF or IV-D foster care cases, past-due

support owed in any amount; and

iii)        in cases in which the responsible relative who owes past-due

support is receiving periodic payments from this State because of employment,

disability, retirement or any other reason, the Department shall, upon obtaining

knowledge of those circumstances, refund any amounts inadvertently intercepted

to the respon

NF or IV-D foster care cases, past-due

support owed in any amount; and

iii)        in cases in which the responsible relative who owes past-due

support is receiving periodic payments from this State because of employment,

disability, retirement or any other reason, the Department shall, upon obtaining

knowledge of those circumstances, refund any amounts inadvertently intercepted

to the responsible relative and proceed to collect past-due support pursuant to

the income withholding provisions of the support statutes.

3)         The Department shall provide the responsible relative with a

notice prior to submitting a past-due support amount for intercept, which

advance notice shall inform the responsible relative of the following:

A)        the IV-D case name and identification number;

B)         the past-due support amount that will be submitted for

intercept, and that any additional past-due support that accumulates will be

subject to collection by the Department without further notice;

C)        the right to contest the determination that past-due support is

owed or the amount of past-due support by requesting:

i)          a redetermination by the Department; or

ii)         after the redetermination, an administrative review by any

other state in which the support order was issued upon which the referral for

federal income tax refund intercept or other federal payment offset is based,

at the request of the responsible relative; and

D)        that the Internal Revenue Service or Financial Management

Service will notify the responsible relative's spouse at the time of intercept

regarding the steps to take to protect the share of the refund that may be

payable to that spouse, in the case of a joint federal income tax return.

4)         A request for a redetermination made within 15 days from the

date of mailing of the advance notice shall stay the Department from submitting

the past-due amount

vice will notify the responsible relative's spouse at the time of intercept

regarding the steps to take to protect the share of the refund that may be

payable to that spouse, in the case of a joint federal income tax return.

4)         A request for a redetermination made within 15 days from the

date of mailing of the advance notice shall stay the Department from submitting

the past-due amount.

5)         No later than 120 days after the date the redetermination was

requested, the Department shall provide the responsible relative with a notice

of the results of the redetermination and of the right to contest those results

by requesting:

A)        a hearing by the Department within 15 days after the date of

mailing of the notice; or

B)        an administrative review by any other state in which the

support order was issued upon which the referral for federal income tax refund

intercept or other federal payment offset is based.

6)         If a responsible relative requests administrative review by

the state in which the support order was issued upon which the referral for

federal income tax refund intercept or other federal payment offset is based,

the Department shall notify the state with the order of the request and shall

provide that state with all necessary information within ten days after the

responsible relative's request.  The Department shall be bound by the decision

of the state with the order.

7)         The Department shall proceed in accordance with 89 Ill. Adm.

Code 104.103 upon receipt of a request for a hearing.

8)         The Department shall notify:

A)        any other state enforcing the support order when the request

for intercept is submitted and when the intercept amount is received;

B)        the U.S

e Department shall be bound by the decision

of the state with the order.

7)         The Department shall proceed in accordance with 89 Ill. Adm.

Code 104.103 upon receipt of a request for a hearing.

8)         The Department shall notify:

A)        any other state enforcing the support order when the request

for intercept is submitted and when the intercept amount is received;

B)        the U.S. Department of Health and Human Services of any

deletion of an amount submitted for federal income tax refund intercept or

other federal payment offset, in accordance with federal instructions;

C)        the Illinois Department of Revenue of any deletion of an amount

submitted for State income tax refund and the Comptroller for other payment

intercept or any significant decrease in the amount; and

D)        the Clerk of Circuit Court of the county in which the child

support order was entered of any amount intercepted for posting to the court

payment record.

9)         The Department shall:

A)        as promptly as possible refund to the responsible relative any

amount intercepted found to exceed the amount of past-due support owed; and

B)        equitably apportion joint State income tax refunds and other

State payments based upon copies of federal and State income tax returns,

including all schedules and attachments, or other evidence of ownership, the

equitable apportionment to be based on the documented proportionate net income

of the parties, and pay to the joint payee that portion of the amount

intercepted found to be his or hers; except that the Comptroller shall

apportion refunds and payments in matters in which the intercepted funds have

not yet been transferred to the Department

s and attachments, or other evidence of ownership, the

equitable apportionment to be based on the documented proportionate net income

of the parties, and pay to the joint payee that portion of the amount

intercepted found to be his or hers; except that the Comptroller shall

apportion refunds and payments in matters in which the intercepted funds have

not yet been transferred to the Department.

10)         The Department shall, as promptly as possible, apply

collections it receives as a result of intercept under this subsection (b) as

follows:

A)        federal income tax refunds first to satisfy any IV-D TANF or

IV-D foster care assigned past-due support, and then to satisfy any IV-D

non-TANF past-due support; and

B)        other federal and State payments in accord with distribution

provisions in Subpart F.

11)         The Department shall inform individuals who receive IV-D

non-TANF support enforcement services, in advance, of the following:

A)        amounts intercepted under this subsection (b) will be applied

in accordance with Section 160.130;

B)        any payment received by the IV-D non-TANF individual as a

result of federal income tax refund intercept may have to be returned to the

Department within six years following the end of the tax year if there is an

adjustment necessitated by the responsible relative's spouse filing an amended

tax return in order to receive his or her share of a joint tax refund.

c)         Unemployment

Insurance Benefits

1)         The Department shall collect support owed by responsible

relatives in IV‑D cases through intercept of unemployment insurance

benefits in matters in which the relative has accumulated a past-due support

amount equal to a one-month support obligation.

2)         The Department shall take the following action:

A)        ascertain that the responsible relative qualifies for receipt

of unemployment insurance benefits through access to the Department of

Employment Security's (DES) computer file

t of unemployment insurance

benefits in matters in which the relative has accumulated a past-due support

amount equal to a one-month support obligation.

2)         The Department shall take the following action:

A)        ascertain that the responsible relative qualifies for receipt

of unemployment insurance benefits through access to the Department of

Employment Security's (DES) computer file.

B)        collect child support owed through the intercept of

unemployment insurance benefits by initiating procedures for income withholding

in accordance with Section 160.75.

C)        establish the amount to be deducted by data entry to the DES

computer file, which amount shall be the lesser of:

i)          the amount of the income withholding order; or

ii)         fifty percent of the Unemployment Insurance Benefit.

D)        receive amounts deducted direct from DES.

E)        notify the Clerk of the Circuit Court of the county in which

the child support order is registered of each collection for posting to the

court payment record.

F)         post each collection to the Department's payment record.

G)        apply each collection to the current support obligation, then

to past-due obligations.

H)        provide a redetermination within 180 days after the date of

request for redetermination to each relative who disputes the deduction and,

where indicated, make adjustments and refund improperly deducted amounts.

3)         The Department of Employment Security shall take the following

action:

A)        provide notice to the responsible relative and an opportunity

to be heard, when the Department cannot resolve the dispute.

B)        pay all amounts deducted direct to the Department

to each relative who disputes the deduction and,

where indicated, make adjustments and refund improperly deducted amounts.

3)         The Department of Employment Security shall take the following

action:

A)        provide notice to the responsible relative and an opportunity

to be heard, when the Department cannot resolve the dispute.

B)        pay all amounts deducted direct to the Department.

d)         Contempt

of Court and Other Legal Proceedings

1)         The Department shall refer IV-D cases to its legal representatives

to initiate contempt of court and other legal proceedings, pursuant to the

applicable provisions of the support statutes, for enforcement of orders for

support in matters wherein the responsible relative has accumulated a past‑due

support amount equal to not less than a one-month support obligation, except as

set forth in subsection (d)(2).

2)         Contempt proceedings shall not be used in the following

instances:

A)        the responsible relative has no known available income or

assets from which to satisfy the support obligation and is:

i)          receiving

public assistance;

ii)         mentally

or physically disabled;

iii)        incarcerated;

iv)        out-of-the-country;

v)         deceased;

or

vi)        otherwise situated, making action to obtain support payment unproductive.

B)        other legal or administrative remedies are more appropriate

under the circumstances

om which to satisfy the support obligation and is:

i)          receiving

public assistance;

ii)         mentally

or physically disabled;

iii)        incarcerated;

iv)        out-of-the-country;

v)         deceased;

or

vi)        otherwise situated, making action to obtain support payment unproductive.

B)        other legal or administrative remedies are more appropriate

under the circumstances.

3)         Contempt and other legal proceedings shall be used to:

A)        establish the amount of past-due support;

B)        obtain a judgment for purposes of:

i)          imposition

of a lien against real estate;

ii)         levy

upon real estate and personal property; or

iii)        registration

in another state;

C)        secure an order for lump sum or periodic payment of the

past-due support or judgment;

D)        require the responsible relative to post security, bond or give

some other guarantee of a character and amount sufficient to assure payment of

any amount due under the support order;

E)        obtain full or partial payment of past-due support through

incarceration;

F)         ascertain the responsible relative's source and amount of

income or location and value of assets;

G)        void a transfer of property fraudulently made to avoid payment

of child support in accordance with the Uniform Fraudulent Transfer Act [740 ILCS

160] or obtain a settlement in the best interest of the child support creditor;

H)        secure

other enforcement relief; and

I)         combine any of the actions authorized by this subsection

nt of

income or location and value of assets;

G)        void a transfer of property fraudulently made to avoid payment

of child support in accordance with the Uniform Fraudulent Transfer Act [740 ILCS

160] or obtain a settlement in the best interest of the child support creditor;

H)        secure

other enforcement relief; and

I)         combine any of the actions authorized by this subsection

(d)(3).

4)         During the course of contempt or other legal proceedings to

enforce support, if it appears that there is no net income because of the

unemployment of a responsible relative, who resides in Illinois and is not

receiving General Assistance in the City of Chicago and has children receiving

TANF in Illinois, the Department shall request the court to order the relative

to report for participation in job search, training or work programs

established for responsible relatives under Section 9-6 of the Illinois Public

Aid Code [305 ILCS 5/9-6].

5)         In TANF cases, the Department shall request the court to order

payment of past-due support pursuant to a plan and, if the responsible relative

is unemployed, subject to a payment plan and not incapacitated, that the

relative participate in job search, training and work programs established

under Section 9-6 and Article IXA of the Illinois Public Aid Code.

e)         Liens Against Real Estate and Personal Property – Judicial

Enforcement of Order for Support

1)         The Department shall seek judgment liens against real estate

and enforce judgments upon the real estate and personal property of responsible

relatives, in IV-D cases in which a referral has been made to initiate court

enforcement of an order for support, in accordance with Article XII of the Code

of Civil Procedure [735 ILCS 5/Art. XII]

y – Judicial

Enforcement of Order for Support

1)         The Department shall seek judgment liens against real estate

and enforce judgments upon the real estate and personal property of responsible

relatives, in IV-D cases in which a referral has been made to initiate court

enforcement of an order for support, in accordance with Article XII of the Code

of Civil Procedure [735 ILCS 5/Art. XII].

2)         A petition for a rule to show cause or other petition filed by

a Department legal representative to enforce an order for support shall contain

a prayer that judgment be entered against the responsible relative in the

amount of the past-due support alleged in the petition, when both of the

following circumstances exist:

A)        the

past-due amount is at least $3,500; and

B)        the responsible relative has an interest in real estate or

personal property against which the judgment may be enforced.

3)         Upon obtaining a judgment, Department legal representatives

shall secure liens against the real estate of responsible relatives by filing a

transcript, certified copy or memorandum of judgment in the county where the

real estate is located, in accordance with law (see Article XII of the Code of

Civil Procedure).

4)         A judgment shall be enforced by levy upon the real estate and

personal property of the responsible relative in accordance with law (see

Article XII of the Code of Civil Procedure) when the relative has a known

equity that is not less than $3,500 in excess of any statutory exemption

the

real estate is located, in accordance with law (see Article XII of the Code of

Civil Procedure).

4)         A judgment shall be enforced by levy upon the real estate and

personal property of the responsible relative in accordance with law (see

Article XII of the Code of Civil Procedure) when the relative has a known

equity that is not less than $3,500 in excess of any statutory exemption.

f)         Liens Against Real Estate and Personal Property –

Administrative Enforcement of Order for Support and Fines Against a Payor of

Income Who Willfully Fails to Withhold or Pay Over Income Pursuant to a

Properly Served Income Withholding Notice or Otherwise Fails to Comply with any

Duties Imposed by the Income Withholding for Support Act [750 ILCS 28]

1)         Liens Against Real Estate

A)        The Department shall impose liens against real estate of

responsible relatives in IV-D cases in accordance with Article X of the

Illinois Public Aid Code when both of the following circumstances exist:

i)          the amount of past-due support is at least $3,500; and

ii)         the responsible relative has an interest in real estate

against which a lien may be claimed.

B)        The

State shall impose liens on all legal and equitable interests of a payor of

income (payor), as that term is defined in the Income Withholding for Support Act,

in the payor's real property in the amount of any fine imposed by the

Department pursuant to the Income Withholding for Support Act.

C)        The Department shall prepare a Notice of Lien or Levy that

shall be provided to the responsible relative or payor and recorded or filed

with the Recorder or Registrar of Titles of the county in which the real estate

of the responsible relative or payor is located

or's real property in the amount of any fine imposed by the

Department pursuant to the Income Withholding for Support Act.

C)        The Department shall prepare a Notice of Lien or Levy that

shall be provided to the responsible relative or payor and recorded or filed

with the Recorder or Registrar of Titles of the county in which the real estate

of the responsible relative or payor is located.  The notice shall inform the

responsible relative or payor and the Recorder or Registrar of Titles of the

following:

i)          the name and address of the responsible relative or payor;

ii)         a legal description of the real estate to be levied;

iii)        the amount of past-due support to be satisfied by the levy;

iv)        the fact that a lien is being claimed for past-due child

support owed by the responsible relative or for the fine imposed on a payor

pursuant to the Income Withholding of Support Act; and

v)         the right to prevent action against the real property by

payment of the past-due support amount in full or by payment of the fine

imposed on the payor in full, to contest the determination that past-due

support is owed, or to contest the amount of past-due support or the fine

imposed on the payor, by requesting a hearing by the Department.

D)        A written request for hearing made within 15 days after the

date of mailing the Notice of Lien or Levy shall stay the Department from

taking action against the real property, although the lien shall remain in

effect during the pendency of any protest or appeal taken pursuant to this

subsection (f).

E)        The Department shall proceed in accordance with 89 Ill. Adm.

Code 104.103 upon receipt of the written request for hearing, except that 89

Ill. Adm. Code 104.103(b) and (c) shall not apply.

F)         The Department shall notify the Clerk of the Court of the

county in which the child support order was entered of any amount collected for

posting to the court payment record

section (f).

E)        The Department shall proceed in accordance with 89 Ill. Adm.

Code 104.103 upon receipt of the written request for hearing, except that 89

Ill. Adm. Code 104.103(b) and (c) shall not apply.

F)         The Department shall notify the Clerk of the Court of the

county in which the child support order was entered of any amount collected for

posting to the court payment record.

G)        The lien shall be enforced against the real estate in

accordance with Article X of the Illinois Public Aid Code and Article XII of

the Code of Civil Procedure when the responsible relative or the payor has a

known equity in the real estate that is not less than $3,500 in excess of any

statutory exemption.

2)         Liens Against Personal Property

A)        The Department shall impose liens against personal property of

responsible relatives in IV-D cases in accordance with Article X of the

Illinois Public Aid Code when the following circumstances exist:

i)          the amount of past-due support is at least $1,000;

ii)         the responsible relative has an interest in personal property

against which a lien may be claimed; and

iii)        if the personal property to be levied is an account as

defined in Section 10-24 of the Illinois Public Aid Code [305 ILCS 5/10-24],

the account is valued in the amount of at least $300.

B)        The

State shall impose liens on all legal and equitable interests of a payor, as

that term is defined in the Income Withholding for Support Act, in the payor's

real property in the amount of any fine imposed by the Department pursuant to

the Income Withholding for Support Act

24 of the Illinois Public Aid Code [305 ILCS 5/10-24],

the account is valued in the amount of at least $300.

B)        The

State shall impose liens on all legal and equitable interests of a payor, as

that term is defined in the Income Withholding for Support Act, in the payor's

real property in the amount of any fine imposed by the Department pursuant to

the Income Withholding for Support Act.

C)        The Department shall prepare a Notice of Lien or Levy that

shall be provided to the responsible relative or payor, any joint owner of whom

the Department has knowledge and location information, the financial

institution in which an account of the responsible relative or payor is located,

the sheriff of the county in which goods or chattels of the responsible

relative or payor are located, or any person or entity indebted to or holding

personal property of the responsible relative or payor or who may be liable for

payment of money in connection with a claim or cause of action of the

responsible relative or payor.  The notice shall contain the following:

i)          the name and address of the responsible relative or payor;

ii)         a description of the account or personal property to be

levied;

iii)        the amount of past-due support or the amount of the fine

imposed on the payor to be satisfied by the levy;

iv)        the fact that a lien is being claimed for past-due child

support owed by the responsible relative of the fine imposed on the payor;

v)         the

right of the responsible relative or payor to prevent levy upon the personal

property, including accounts, by payment of the past-due support amount in full

or by payment of the fine imposed on a payor in full, by contesting the

determination that past-due support is owed, or to contest the amount of

past-due support or the fine imposed on the payor, by requesting a hearing

within 15 days after the date of mailing of the Notice of Lien or Levy; and

vi)        the right of a joint owner to prevent levy upon his or her

share of t

ort amount in full

or by payment of the fine imposed on a payor in full, by contesting the

determination that past-due support is owed, or to contest the amount of

past-due support or the fine imposed on the payor, by requesting a hearing

within 15 days after the date of mailing of the Notice of Lien or Levy; and

vi)        the right of a joint owner to prevent levy upon his or her

share of the account or other personal property or to seek a refund of his or

her share of the account or other personal property already levied, by

requesting, within 15 days after the date of mailing of the Notice of Lien or

Levy to the joint owner, a hearing by the Department to determine his or her

share of the account or other personal property.  A joint owner who is not

provided with a Notice of Lien or Levy by the Department may request a hearing

by the Department within 45 days after the date of levy of the account or other

personal property.

D)        In addition to the information to be included in the Notice of

Lien or Levy under subsection (f)(2)(B), the Notice of Lien or Levy provided to

a financial institution shall:

i)          state that the lien is subordinate to any prior lien or prior

right of set-off that the financial institution may have against the assets, or

in the case of an insurance company or benefit association only in the accounts

as defined in Section 10-24 of the Illinois Public Aid Code;

ii)         state that upon being served with the Notice of Lien or Levy

that the financial institution shall encumber the assets in the account, and

surrender and remit those assets within five days after being served with a

Notice to Surrender Assets by the Department;

iii)        state that the financial institution may charge the

responsible relative's or payor's account a fee of up to $50, and that the

amount of any fee be deducted from the account before remitting any assets from

the account to the Department;

iv)        include a form, Response to Notice of Lien or Levy, to be

completed by

ing served with a

Notice to Surrender Assets by the Department;

iii)        state that the financial institution may charge the

responsible relative's or payor's account a fee of up to $50, and that the

amount of any fee be deducted from the account before remitting any assets from

the account to the Department;

iv)        include a form, Response to Notice of Lien or Levy, to be

completed by the financial institution and returned to the Department within 30

days after receipt of the Notice of Lien or Levy; and

v)         include

the federal Notice of Right to Garnish Federal Benefits stating that procedures

established under 31 CFR 212 for identifying and protecting federal benefits

deposited to accounts at financial institutions do not apply to the Notice of

Lien or Levy issued by the Department.

E)        The form for the response to Notice of Lien or Levy provided

for under subsection (f)(2)(C)(iv) of this Section shall include provisions for

the financial institution to complete stating:

i)          the amount of assets in the responsible relative's or payor's

account;

ii)         the amount of the fee to be deducted from the account;

iii)        the amount of assets in the account subject to a prior lien

or prior right of set-off of the financial institution;

iv)        the name and address of any joint owners of the account; and

v)         the amount of assets surrendered and remitted to the

Department.

F)         A written request for a hearing made within 15 days after the

date of mailing the Notice of Lien or Levy shall stay the Department from

levying upon the personal property, although the lien shall remain in effect

during the pendency of any appeal taken pursuant to this subsection (f).

G)        The Department shall proceed in accordance with 89 Ill. Adm.

Code 104.103 upon receipt of the responsible relative's or payor's written

request for hearing, except that 89 Ill. Adm. Code 104.103(b) and (c) shall not

apply

partment from

levying upon the personal property, although the lien shall remain in effect

during the pendency of any appeal taken pursuant to this subsection (f).

G)        The Department shall proceed in accordance with 89 Ill. Adm.

Code 104.103 upon receipt of the responsible relative's or payor's written

request for hearing, except that 89 Ill. Adm. Code 104.103(b) and (c) shall not

apply.

H)        The Department shall proceed in accordance with 89 Ill. Adm.

Code 104.110 upon receipt of a joint owner's written request for a hearing.

I)         The Department, upon determining a joint owner's share of the

personal property or account, shall release the lien against the personal

property or account to the extent of the joint owner's share.  If the

Department's determination of the joint owner's share occurs after the personal

property or account has been levied, the Department shall refund the joint

owner's share of the personal property or account.

J)         The Department shall notify the Clerk of the Court of the

county in which the child support order was entered of any amount collected for

posting to the court payment record.

K)        Information obtained from financial institutions as to the

location of personal property, including accounts, of responsible relatives or

payors shall be subject to all State and federal confidentiality laws and

regulations.  Following data exchange with financial institutions to locate

personal property of responsible relatives, the Department shall return to

financial institutions data that does not relate to a responsible relative

whose personal property may be subject to lien or levy under this subsection (f)

e relatives or

payors shall be subject to all State and federal confidentiality laws and

regulations.  Following data exchange with financial institutions to locate

personal property of responsible relatives, the Department shall return to

financial institutions data that does not relate to a responsible relative

whose personal property may be subject to lien or levy under this subsection (f).

g)         Security,

Bond or Other Guarantee of Payment

1)         Except as provided in subsections (g)(2) and (3), the

Department shall require, or through its legal representative shall request the

court to require, a responsible relative to post security or bond, or give some

other guarantee of a character and amount sufficient to assure payment of any

amount due under a support order in IV-D cases, pursuant to Section 10‑17.4

of the Illinois Public Aid Code.

2)         In cases in which the support obligation is established

through the administrative process contained in Section 160.60, the notice of

support obligation provided to the responsible relative shall indicate that the

Department may require the relative to post security or bond, or give some

other guarantee of payment.  Except when the responsible relative is subject to

income withholding, the administrative support order shall contain this

requirement in an amount equal to a one year support obligation.

3)         In acting upon a referral to establish a support obligation or

to enforce an existing order for support, Department legal representatives

shall include in the complaint or petition a request for an order requiring the

responsible relative to post security or bond, or give some other guarantee of

payment equal to a one year support obligation, unless the relative is subject

to the income withholding provisions of the support statutes

support obligation or

to enforce an existing order for support, Department legal representatives

shall include in the complaint or petition a request for an order requiring the

responsible relative to post security or bond, or give some other guarantee of

payment equal to a one year support obligation, unless the relative is subject

to the income withholding provisions of the support statutes.

h)         Past-Due

Supp ort Information to Consumer Reporting Agencies

1)         The Department shall report the following information

concerning responsible relatives in IV-D cases to consumer reporting agencies

when the amount of past-due support is or exceeds that required for

intercepting federal income tax refunds as provided in subsection (b)(2)(A):

A)        the name, last known address and Social Security Number of the

responsible relative; and

B)        the terms and amount of past-due support that has accumulated

under the order for support.

2)         The Department shall provide the responsible relative with a

notice at least 15 days prior to furnishing past-due support information to

consumer reporting agencies that shall inform the relative of the following:

A)       the IV-D case name and identification number;

B)        the past-due support amount that will be reported;

C)        the date past-due support will be reported; and

D)        the right to prevent reporting by payment of the past-due

support amount in full or to contest the determination that past-due support is

owed or the amount of past-due support by requesting a redetermination by the

Department.

3)         The Department shall provide the responsible relative with

notice of the results of the redetermination and the right to prevent reporting

by payment in full of the past-due support found to be owed or to contest the

results of the redetermination by requesting a hearing within 15 days after the

date of mailing of the notice.

4)         The Department shall proceed in accordance with 89 Ill. Adm

e Department shall provide the responsible relative with

notice of the results of the redetermination and the right to prevent reporting

by payment in full of the past-due support found to be owed or to contest the

results of the redetermination by requesting a hearing within 15 days after the

date of mailing of the notice.

4)         The Department shall proceed in accordance with 89 Ill. Adm.

Code 104.103 upon receipt of a request for a hearing.

5)         The Department shall be stayed from providing information to

consumer reporting agencies by either of the following:

A)        a request for:

i)          a redetermination; or

ii)         a hearing contesting the determination that past-due support

is owed or the amount of past-due support; or

B)        payment in full of the amount of the past-due support stated in

the:

i)          advance

notice; or

ii)         notice

of redetermination or hearing results.

6)         The Department shall advise consumer reporting agencies of

changes in the amount of past-due support found to be owed as a result of a

redetermination or hearing conducted after report to those agencies.

i)          High-Volume

Automated Administrative Enforcement in Interstate Cases

1)         The Department shall use high-volume automated administrative

enforcement, to the same extent as used for intrastate cases, in response to a

request of another state to enforce support orders, and shall promptly report

the results of the enforcement activity to the requesting state.

2)         High-volume

automated administrative enforcement means that, upon a request of another

state, the Department shall identify, through automated data matches with

financial institutions and other entities, where assets may be found of persons

who owe child support in other states and shall seize those assets through levy

or other appropriate processes

ctivity to the requesting state.

2)         High-volume

automated administrative enforcement means that, upon a request of another

state, the Department shall identify, through automated data matches with

financial institutions and other entities, where assets may be found of persons

who owe child support in other states and shall seize those assets through levy

or other appropriate processes.

3)         The Department may, by electronic or other means, transmit to

another state a request for assistance in a case involving the enforcement of a

support order.  The request shall:

A)        Include information that will enable the state to which the

request is transmitted to compare the information about the case to the

information in the databases of that state.

B)        Constitute a certification by the Department of the amount of

support owed and that the Department has complied with all procedural due

process requirements applicable to each case.

4)         If the Department provides assistance to another state

pursuant to this Section with respect to a case, neither state shall consider

the case to be transferred to the caseload of the other state.

5)         The Department shall maintain records of:

A)        The number of requests for assistance received by the

Department.

B)        The number of cases for which the Department collected support

in response to a request and the actual amount of support collected

his Section with respect to a case, neither state shall consider

the case to be transferred to the caseload of the other state.

5)         The Department shall maintain records of:

A)        The number of requests for assistance received by the

Department.

B)        The number of cases for which the Department collected support

in response to a request and the actual amount of support collected.

j)          Past-Due Support Certified to the Illinois Department of

Revenue, to Municipalities or to the IV-D Agency of Another State for

Administrative Enforcement in the Other State

1)         The Department may collect past-due support owed by

responsible relatives in IV-D cases through certification of the account

balance to the Illinois Department of Revenue for collection (see Section

10-17.9 of the Illinois Public Aid Code), to municipalities with ordinances to

immobilize and impound vehicles for non-payment of child support (see Section

10‑17.3 of the Illinois Public Aid Code, or to another state's IV-D

agency for administrative enforcement when the responsible relative has

property in the other state.

2)         The Department may certify past-due support amounts to the

Illinois Department of Revenue, to municipalities or to the IV-D agency of

another state for administrative enforcement in the other state when the

following conditions exist:

A)        past-due support is owed for a child or for a child and the

parent with whom the child is living;

B)        the responsible relative has made no payment directly or

through income withholding within 30 days prior to the date of the advance

notice under subsection (j)(3);

C)        as of the date of certification, the responsible relative does

not have a bankruptcy case pending; and

D)        the

responsible relative is not deceased

for a child and the

parent with whom the child is living;

B)        the responsible relative has made no payment directly or

through income withholding within 30 days prior to the date of the advance

notice under subsection (j)(3);

C)        as of the date of certification, the responsible relative does

not have a bankruptcy case pending; and

D)        the

responsible relative is not deceased.

3)         The Department shall provide the responsible relative with a

notice prior to certifying the balance to the Illinois Department of Revenue,

to municipalities or to the IV-D agency of another state for administrative

enforcement in the other state that shall inform the responsible relative of the

following:

A)        the IV-D case name and identification number;

B)        the past-due support amount that will be submitted for

collection;

C)        the right to contest the determination that past-due support is

owed or the amount of past-due support by making a written request for a

redetermination by the Department; and

D)        that the responsible relative may avoid certification by

establishing a satisfactory repayment plan as determined by the Department.

4)         Factors for a satisfactory repayment plan will include, but

are not limited to:

A)        the

amount of past-due support owed;

B)        the

amount to be paid toward the past-due amount;

C)        the

amount of current child support obligations; and

D)        the

individual's ability to pay.

5)         The Department shall provide the Illinois Department of

Revenue, municipalities or the IV-D agency of another state for administrative

enforcement in the other state the following descriptive information on the

responsible relative:

A)        name;

B)        Social Security Number;

C)        IV-D identification number; and

D)        the past-due support amount

idual's ability to pay.

5)         The Department shall provide the Illinois Department of

Revenue, municipalities or the IV-D agency of another state for administrative

enforcement in the other state the following descriptive information on the

responsible relative:

A)        name;

B)        Social Security Number;

C)        IV-D identification number; and

D)        the past-due support amount.

6)         A written request for redetermination made within 15 days

after the date of mailing the advance notice shall stay the Department from

certifying the balance to the Illinois Department of Revenue, to municipalities

or to the IV-D agency of another state for administrative enforcement in the

other state.

7)         No later than 120 days after the date the redetermination was

requested, the Department shall provide the responsible relative with a notice

of the results of the redetermination and of the right to contest those results

by making a written request for a hearing by the Department within 15 days

after the date of mailing of the notice.

8)         A written request for hearing made within 15 days after the

date of mailing the notice of results of redetermination shall stay the

Department from certifying the balance to the Illinois Department of Revenue,

to municipalities or to the IV-D agency of another state for administrative

enforcement in the other state, if certifying the balance had been stayed

pursuant to subsection (j)(6).

9)         The Department shall proceed in accordance with 89 Ill. Adm.

Code 104.103 upon receipt of a written request for hearing, except that Section

104.103(b) and (c) shall not apply.

10)         The Department shall notify the Clerk of the Court of the

county in which the child support order was entered of any amount collected for

posting to the court payment record

to subsection (j)(6).

9)         The Department shall proceed in accordance with 89 Ill. Adm.

Code 104.103 upon receipt of a written request for hearing, except that Section

104.103(b) and (c) shall not apply.

10)         The Department shall notify the Clerk of the Court of the

county in which the child support order was entered of any amount collected for

posting to the court payment record.

11)         The Department shall:

A)        apply any overpayment by the responsible relative pursuant to

the certification for collection as a credit against future support obligation;

or

B)        if the current support obligation of the responsible relative

has terminated by operation of law or court order, as promptly as possible

refund to the responsible relative any overpayment, pursuant to certification

for collection, that is still in the possession of the Department.

k)         Past-Due Support Information to the Secretary of Health and

Human Services for Denial of Passports

1)         The Department shall report the following information

concerning responsible relatives in IV-D cases to the Secretary of Health and

Human Services for denial of passports when the amount of past-due support

exceeds $2,500:

A)        the name, last known address and Social Security Number of the

responsible relative; and

B)        the terms and amount of past-due support that has accumulated

under the order for support

t the following information

concerning responsible relatives in IV-D cases to the Secretary of Health and

Human Services for denial of passports when the amount of past-due support

exceeds $2,500:

A)        the name, last known address and Social Security Number of the

responsible relative; and

B)        the terms and amount of past-due support that has accumulated

under the order for support.

2)         The Department shall provide the responsible relative with a

notice at least 15 days prior to certifying past-due support to the Secretary

of Health and Human Services that shall inform the relative of the following:

A)        the IV-D case name and identification number;

B)        the past-due support amount that will be certified;

C)        the date past-due support will be certified; and

D)        the right to prevent certification by payment of the past-due

support amount in full or to contest the determination that past-due support is

owed or the amount of past-due support by requesting a redetermination by the

Department.

3)         The Department shall provide the responsible relative with

notice of the results of the redetermination and the right to prevent

certification by payment in full of the past-due support found to be owed or to

contest the results of the redetermination by requesting a hearing within 15

days after the date of mailing of the notice.

4)         The Department shall proceed in accordance with 89 Ill. Adm.

Code 104.103 upon receipt of a request for a hearing.

5)         The Department shall be stayed from providing information to

the Secretary of Health and Human Services by either of the following:

A)        a request for:

i)          a redetermination; or

ii)         a hearing contesting the determination that past-due support

is owed or the amount of past-due support; or

B)        payment in full of the amount of the past-due support stated in

the:

i)          advance notice; or

ii)         notice of redetermination or hearing results

Health and Human Services by either of the following:

A)        a request for:

i)          a redetermination; or

ii)         a hearing contesting the determination that past-due support

is owed or the amount of past-due support; or

B)        payment in full of the amount of the past-due support stated in

the:

i)          advance notice; or

ii)         notice of redetermination or hearing results.

6)         The Department shall advise the Secretary of Health and Human

Services of changes in the amount of past-due support found to be owed as a

result of a redetermination or hearing conducted after report to HHS, the U.S.

State Department or other agencies.

l)          List of Responsible Relatives

1)         Any list of responsible relatives owing past-due support to be

disclosed pursuant to Section 12-12.1 of the Illinois Public Aid Code shall be

developed as required by this subsection (l).

2)         The

list shall include no more than 200 responsible relatives at any given time,

shall include only responsible relatives owing $5,000 or more in past-due

support accumulated under Illinois court or administrative support orders, and

shall include, but is not limited to, the following information about each

responsible relative:

A)        the name of the

responsible relative;

B)        the

responsible relative's last known address; and

C)        the

amount of past-due support as of a given date, expressed within a range (for

example, $50,000-$100,000), that has accumulated under the support order.

3)         The

Department shall make the list available for public inspection at its offices

or by other means of publication, including the Internet.

4)         The

Department shall send an advance notice by certified mail to the responsible

relative at his or her last known address at least 90 days prior to publishing

past-due support information

hat has accumulated under the support order.

3)         The

Department shall make the list available for public inspection at its offices

or by other means of publication, including the Internet.

4)         The

Department shall send an advance notice by certified mail to the responsible

relative at his or her last known address at least 90 days prior to publishing

past-due support information.  The advance notice shall inform the responsible

relative of the following:

A)        the

IV-D case name and identification number;

B)        the

past-due support amount as of a given date;

C)        the

earliest date by which past-due support information will be published;

D)        the

right to contest the determination that past-due support is owed or the amount

of past-due support by submitting a written request to the Department for a

hearing within 15 days after the date of mailing of the advance notice; and

E)        that

within 60 days from the date of delivery or refusal of the advance notice, the

responsible relative may avoid publication of the past-due support information

by paying the past-due support in full, or by establishing and complying with a

satisfactory payment plan as determined by the Department.

5)         Factors

for a satisfactory payment plan will include, but are not limited to:

A)        the

amount of past-due support owed;

B)        the

amount to be paid toward the past-due support;

C)        the

amount of the current support obligations; and

D)        the

responsible relative's ability to pay.

6)         The

Department shall proceed in accordance with 89 Ill. Adm. Code 104.101 and

104.103 upon receipt of a request for a hearing

ll include, but are not limited to:

A)        the

amount of past-due support owed;

B)        the

amount to be paid toward the past-due support;

C)        the

amount of the current support obligations; and

D)        the

responsible relative's ability to pay.

6)         The

Department shall proceed in accordance with 89 Ill. Adm. Code 104.101 and

104.103 upon receipt of a request for a hearing.

7)         The

Department shall be stayed from publishing past-due support information

regarding the responsible relative by any of the following:

A)        a

timely written request for hearing from the responsible relative regarding the

existence or amount of past-due support stated in the advance notice; or

B)        as of

the date of publishing, a pending judicial review of a final administrative

decision of the Department issued pursuant to this subsection (l)(7).

m)        Certification

to the Illinois Secretary of State for Driver's License Suspension

1)         The

Department shall issue a Notice of Intent to Request Suspension of an Illinois

Driver's License to a responsible relative in accordance with Section 10-17.6

of the Illinois Public Aid Code and Section 7-702 of the Illinois Vehicle Code [625

ILCS 5/7-702], when the following circumstances exist:

A)        the

amount of past-due support is at least $2500, and the responsible relative has

not made a voluntary payment of support in the last 90 days; or

B)        the

responsible relative has failed to comply with a subpoena or warrant in a

paternity or child support proceeding

Code and Section 7-702 of the Illinois Vehicle Code [625

ILCS 5/7-702], when the following circumstances exist:

A)        the

amount of past-due support is at least $2500, and the responsible relative has

not made a voluntary payment of support in the last 90 days; or

B)        the

responsible relative has failed to comply with a subpoena or warrant in a

paternity or child support proceeding.

2)         The

Notice of Intent to Request Suspension of an Illinois Driver's License shall

contain the following:

A)        the

IV-D case name and identification number;

B)        the past-due

support amount and the amount of interest that will be certified;

C)        the

date of issuance of any subpoena or warrant in a paternity or child support

proceeding with which the responsible relative has failed to comply;

D)        the

right of the responsible relative to prevent certification to the Secretary of

State for driver's license suspension by payment of the past-due support amount

and interest in full or by entering into a payment plan satisfactory to the

Department or to contest the amount of past-due support and interest that is

owed by requesting a hearing by the Department within 15 days after the date of

mailing by the Department; and

E)        the

right of the responsible relative to prevent certification to the Secretary of

State for failure to comply with a subpoena or warrant in a paternity or child

support proceeding by complying with the subpoena or warrant or to contest the

determination of the failure to comply with the subpoena or warrant by

requesting a hearing by the Department within 15 days after the date of mailing

by the Department.

3)         Factors for an

acceptable payment plan will include, but are not limited to:

A)        the amount of past-due

support and interest owed;

B)        the amount of current

child support ordered to be paid; and

C)        the responsible relative's

ability to pay

he subpoena or warrant by

requesting a hearing by the Department within 15 days after the date of mailing

by the Department.

3)         Factors for an

acceptable payment plan will include, but are not limited to:

A)        the amount of past-due

support and interest owed;

B)        the amount of current

child support ordered to be paid; and

C)        the responsible relative's

ability to pay.

4)         The

responsible relative's commencement of periodic payments on the past-due

support amount owed in compliance with a court or administrative order entered

prior to the date of the Notice of Intent to Request Suspension of an Illinois

driver's license shall be deemed by the Department to be a satisfactory payment

plan.

5)         A

written request for hearing made within 15 days after the date of mailing of

the Notice of Intent to Request Suspension of an Illinois Driver's License

shall stay the Department from certifying past-due support and interest, or

failure to comply with a subpoena or warrant, to the Secretary of State.

6)         The

Department shall proceed in accordance with 89 Ill. Adm. Code 104.103 upon

receipt of a written request for hearing, except that 89 Ill. Adm. Code

104.103(b) and (c) shall not apply.

7)         Following

certification to the Secretary of State for driver's license suspension and

upon request of the responsible relative, the Department shall direct the

Secretary of State to issue a family financial responsibility driving permit in

accordance with Section 10-17.6(b) of the Illinois Public Aid Code and Section

7-702.1(b) of the Illinois Vehicle Code, when the following circumstances exist

requiring the responsible relative to operate a motor vehicle:

A)        between

the responsible relative's residence and place of employment, or within the

scope of employment related duties, as verified by the employer in writing; or

B)        for

the purpose of providing transportation for the responsible relative or a

household member to receive alcohol treatment,

wing circumstances exist

requiring the responsible relative to operate a motor vehicle:

A)        between

the responsible relative's residence and place of employment, or within the

scope of employment related duties, as verified by the employer in writing; or

B)        for

the purpose of providing transportation for the responsible relative or a

household member to receive alcohol treatment, other drug treatment, or medical

care as verified in writing by the treatment center or physician that includes

the duration of treatment; or

C)        for

the purpose of the unemployed responsible relative seeking employment.

8)         When

directing the issuance of a family financial responsibility driving permit for

the purpose of seeking employment under subsection (m)(7)(C), the Department

shall require that:

A)        the

permit be limited to Monday through Friday between the hours of 8:00 a.m. and

12:00 p.m. (noon) unless the responsible relative provides written

documentation showing that to so limit the hours of the permit would have an

adverse effect on the responsible relative's ability to seek employment; and

B)        the

responsible relative provides to the Department a job search diary every 30

days showing contact with no fewer than 10 potential employers during a 30 day

period.

9)         The

maximum duration of a family financial responsibility driving permit shall be

one year from the date of issuance by the Secretary of State, with the ability

of the responsible relative to request issuance of a new permit after the

initial permit has expired.

10)         The

Department may direct the issuance of a family financial responsibility driving

permit to the responsible relative only if no alternative means of

transportation is reasonably available for the purposes stated in this

subsection (m)

by the Secretary of State, with the ability

of the responsible relative to request issuance of a new permit after the

initial permit has expired.

10)         The

Department may direct the issuance of a family financial responsibility driving

permit to the responsible relative only if no alternative means of

transportation is reasonably available for the purposes stated in this

subsection (m).

11)         The

Department shall direct the Secretary of State to cancel the family financial

responsibility driving permit in the event the responsible relative violates

the conditions of its issuance.

12)         Any

responsible relative aggrieved by the Department's determination on a request

for issuance of a family financial responsibility driving permit may file a

written request for hearing within 15 days after the date of mailing of the

results of the determination to the responsible relative.  The Department shall

proceed in accordance with 89 Ill. Adm. Code 104.106 upon receipt of a request

for hearing.

n)         Certifying

Past-Due Support or Failure to Comply with a Subpoena or Warrant to State

Professional, Occupational or Recreational Licensing Agencies

1)         The

Department shall issue a Notice of Intent to Request Revocation, Suspension or

Denial of a Professional, Occupational or Recreational License to a responsible

relative when the following circumstances exist:

A)        the

amount of past-due support is at least $1,000, and the responsible relative has

not made a voluntary payment of support in the last 90 days; or

B)        the

responsible relative has failed to comply with a subpoena or warrant in a paternity

or child support proceeding

ssional, Occupational or Recreational License to a responsible

relative when the following circumstances exist:

A)        the

amount of past-due support is at least $1,000, and the responsible relative has

not made a voluntary payment of support in the last 90 days; or

B)        the

responsible relative has failed to comply with a subpoena or warrant in a paternity

or child support proceeding.

2)         The

Notice of Intent to Request Revocation, Suspension or Denial of a Professional,

Occupational or Recreational License shall inform the responsible relative of

the following:

A)        the IV-D case name and

identification number;

B)        the past-due

support amount and the amount of interest that will be certified;

C)        the

date of issuance of any subpoena or warrant in a paternity or child support

proceeding with which the responsible relative has failed to comply;

D)        the

right of the responsible relative to prevent certification to the licensing

agency by payment of the past-due support amount and interest in full or by

entering into a payment plan satisfactory to the Department, or to contest the

amount of past-due support and interest owed by requesting a hearing by the

Department within 15 days after the date of mailing by the Department; and

E)        the

right of the responsible relative to prevent certification to the licensing

agency for failure to comply with a subpoena or warrant in a paternity or child

support proceeding by complying with the subpoena or warrant, or to contest the

determination of the failure to comply with the subpoena or warrant by

requesting a hearing by the Department within 15 days after the date of mailing

by the Department.

3)         Factors

for an acceptable payment plan will include, but are not limited to:

A)        the amount of past-due

support and interest owed;

B)        the amount of current

child support ordered to be paid; and

C)        the responsible relative's

ability to pay

he subpoena or warrant by

requesting a hearing by the Department within 15 days after the date of mailing

by the Department.

3)         Factors

for an acceptable payment plan will include, but are not limited to:

A)        the amount of past-due

support and interest owed;

B)        the amount of current

child support ordered to be paid; and

C)        the responsible relative's

ability to pay.

4)         The

responsible relative's commencement of periodic payments on the past-due

support amount owed in compliance with a court or administrative order entered

prior to the date of mailing of the Notice of Intent to Request Revocation,

Suspension or Denial of a Professional, Occupational or Recreational License

shall be deemed by the Department to be a satisfactory payment plan.

5)         A

written request for hearing made within 15 days after the date of mailing of

the Notice of Intent to Request Revocation, Suspension or Denial of a

Professional, Occupational or Recreational License shall stay the Department

from certifying past-due support and interest or failure to comply with a

subpoena or warrant to the licensing agency.

6)         The

Department shall proceed in accordance with 89 Ill. Adm. Code 104.103 upon

receipt of a timely written request for hearing, except that 89 Ill. Adm. Code

104.103(b) and (c) shall not apply.

o)         Debit Authorization for

Obligors Who Are Not Subject to Income Withholding

1)         The

Department shall adopt a child support enforcement debit authorization form

that, upon being signed by an obligor, authorizes the State Disbursement Unit

to debit the obligor's financial institution account periodically in an amount

equal to the amount of the child support obligation.

2)         The

Department shall, upon adoption, inform each financial institution conducting

business in this State that the child support enforcement debit authorization form

has been adopted and is ready for use

n obligor, authorizes the State Disbursement Unit

to debit the obligor's financial institution account periodically in an amount

equal to the amount of the child support obligation.

2)         The

Department shall, upon adoption, inform each financial institution conducting

business in this State that the child support enforcement debit authorization form

has been adopted and is ready for use.

3)         The child

support enforcement debit authorization form shall include instructions

concerning the debiting of accounts held on behalf of obligors and the transfer

of the debited amount to the State Disbursement Unit.

4)         When

an obligor does not have a payor, as defined in Section 15 of the Income

Withholding for Support Act [750 ILCS 28/15], he or she must sign a child

support enforcement debit authorization form.  The obligor must sign a separate

child support enforcement debit authorization form for each financial

institution holding an account on his or her behalf in which a child support

payment is to be debited and transferred to the State Disbursement Unit.

5)         The

signing and issuance of a child support enforcement debit authorization form

does not relieve the obligor from responsibility for compliance with any

requirement under the order for support.

6)         It is

the responsibility of the obligor to notify the State Disbursement Unit in

accordance with the instructions provided on the child support enforcement debit

authorization form

The

signing and issuance of a child support enforcement debit authorization form

does not relieve the obligor from responsibility for compliance with any

requirement under the order for support.

6)         It is

the responsibility of the obligor to notify the State Disbursement Unit in

accordance with the instructions provided on the child support enforcement debit

authorization form.

p)         Judicial

Registration of Administrative Support Orders and/or Administrative Paternity

Orders

1)         A

final administrative support order and/or a final administrative paternity

order, excluding a voluntary acknowledgment or denial of parentage, which is

governed by other provisions of the Public Aid Code [305 ILCS 5], the Illinois

Parentage Act of 1984 [750 ILCS 45] and/or 2015 [750 ILCS 46], and the Vital

Records Act [410 ILCS 535], established by the Department under Article X of

the Public Aid Code may be registered in the appropriate circuit court of this

State by the Department or by a party to the order by filing:

A)        Two

copies, including one certified copy, of the administrative order to be

registered;

B)        Any

subsequent modification of the administrative support order;

C)        Any

voluntary acknowledgment of paternity of the child covered by the order;

D)        Documents

showing service of the notice of support obligation or the notice of paternity

and support obligation that commenced the procedure for establishment of the

administrative support order and/or the administrative paternity order as

required by Section 10-4 of the Public Aid Code;

E)        Documentation

showing the amount of past-due support accrued under the administrative order

by a sworn statement by the person requesting registration or a certified copy

of the Department payment records; and

F)         A

Notice of Registration containing: the name of the obligor and, if known, the

obligor's address and the name of the obligee and the obligee's address unless

the obligee alleges in an affi

howing the amount of past-due support accrued under the administrative order

by a sworn statement by the person requesting registration or a certified copy

of the Department payment records; and

F)         A

Notice of Registration containing: the name of the obligor and, if known, the

obligor's address and the name of the obligee and the obligee's address unless

the obligee alleges in an affidavit or pleading under oath that the health,

safety or liberty of the party or child would be jeopardized by the disclosure,

in which case the information must be sealed and not disclosed to the other

party or public.  After a hearing, the court may order the disclosure of

information that the court determines to be in the interest of justice.

2)         Every

Notice of Registration must be accompanied by a copy of the registered

administrative support order and/or the administrative paternity order and the

relevant information accompanying the order as noted in subsection (p)(1).

3)         The

filing of the administrative support order and/or the administrative paternity

order constitutes registration with the circuit court.

4)         The

Department shall certify the administrative support order and/or the

administrative paternity order or payment record by attaching a copy of the

Department's certification (HFS 390).

5)         The

registering party shall serve notice of the registration on the other party by

first class mail, unless the administrative support order and/or the

administrative paternity order was entered by default or the registering party

is also seeking an affirmative remedy.  The registering party shall serve

notice on the Department in all cases by first class mail.

A)        If the

administrative support order and/or the administrative paternity order was

entered by default against the obligor, the obligor must be served with the

registration by any method provided by law for service of summons

ult or the registering party

is also seeking an affirmative remedy.  The registering party shall serve

notice on the Department in all cases by first class mail.

A)        If the

administrative support order and/or the administrative paternity order was

entered by default against the obligor, the obligor must be served with the

registration by any method provided by law for service of summons.

B)        If the

petition or comparable pleading seeking an affirmative remedy is filed with the

registration, the non-moving party must be served with the registration and the

affirmative pleading by any method provided by law for service of summons.

6)         A Notice

of Registration of an administrative support order and/or an administrative

paternity order must provide the following information:

A)        That a

registered administrative order is enforceable in the same manner as an order

for support and/or an order for paternity issued by the circuit court.

B)        That a

hearing to contest enforcement of the registered administrative support order and/or

the registered administrative paternity order must be requested within 30 days

after the date of service of the notice.

C)        That

failure to contest, in a timely manner, the enforcement of the registered

administrative support order and/or the registered administrative paternity

order shall result in confirmation of the order and enforcement of the order

and the alleged arrearages and precludes further contest of that order with

respect to any matter that could have been asserted.

D)        The

amount of any alleged arrearages.

7)         A

non-registering party seeking to contest enforcement of a registered

administrative support order and/or a registered administrative paternity order

shall request a hearing within 30 days after the date of service of notice of

the registration

s further contest of that order with

respect to any matter that could have been asserted.

D)        The

amount of any alleged arrearages.

7)         A

non-registering party seeking to contest enforcement of a registered

administrative support order and/or a registered administrative paternity order

shall request a hearing within 30 days after the date of service of notice of

the registration.  The non-registering party may seek to vacate the

registration, to assert any defense to an allegation of noncompliance with the

registered administrative support order and/or the registered administrative

paternity order, or to contest the remedies being sought or the amount of any

alleged arrearages.

8)         If

the non-registering party fails to contest the enforcement of the registered

administrative support order and/or the registered administrative paternity

order in a timely manner, the order shall be confirmed by operation of law.

9)         If a

non-registering party requests a hearing to contest the enforcement of the

registered administrative support order and/or the registered administrative

paternity order, the circuit court shall schedule the matter for hearing and

give notice to the parties and the Department of the date, time and place of

the hearing.

10)        A

party contesting the enforcement of a registered administrative support order

and/or a registered administrative paternity order or seeking to vacate the

registration has the burden of proving one or more of the following defenses:

A)        The

Department lacked personal jurisdiction over the contesting party.

B)        The

administrative support order and/or the administrative paternity order was

obtained by fraud.

C)        The

administrative support order and/or the administrative paternity order has been

vacated, suspended or modified by a later order.

D)        The

Department has stayed the administrative support order and/or the

administrative paternity order pending appeal

contesting party.

B)        The

administrative support order and/or the administrative paternity order was

obtained by fraud.

C)        The

administrative support order and/or the administrative paternity order has been

vacated, suspended or modified by a later order.

D)        The

Department has stayed the administrative support order and/or the

administrative paternity order pending appeal.

E)        There

is a defense under the law to the remedy sought.

F)         Full

or partial payment has been made.

11)        If

a party presents evidence establishing a full or partial payment defense, the

court may stay enforcement of the registered order, continue the proceeding to

permit production of additional relevant evidence, and issue other appropriate

orders.  An uncontested portion of the registered administrative support order and/or

the registered administrative paternity order may be enforced by all remedies

available under State law.

12)        If

the contesting party does not establish a defense to the enforcement of the

administrative support order and/or the administrative paternity order, the

court shall issue an order confirming the administrative support order and/or

the administrative paternity order. Confirmation of the registered

administrative support order and/or the registered administrative paternity

order, whether by operation of law or after notice and hearing, precludes

further contest of the order with respect to any matter that could have been asserted

at the time of registration

ssue an order confirming the administrative support order and/or

the administrative paternity order. Confirmation of the registered

administrative support order and/or the registered administrative paternity

order, whether by operation of law or after notice and hearing, precludes

further contest of the order with respect to any matter that could have been asserted

at the time of registration.  Upon confirmation, the registered administrative

support order and/or the registered administrative paternity order  shall be

treated in the same manner as a support order and/or a paternity order entered

by the circuit court, including the ability of the court to entertain a

petition to modify the administrative support order due to a substantial change

in circumstances and/or a petition to modify the administrative paternity order

due to clear and convincing evidence regarding paternity, or petitions for

visitation or custody of the child or children covered by the administrative

support order.  Nothing in this Section shall be construed to alter the effect

of a final administrative support order and/or a final administrative paternity

order, or to restrict judicial review of a final order to the provisions of the

Administrative Review Law, as provided in Sections 10-11 and 10-17.7 of the

Illinois Public Aid Code.

13)        Notwithstanding

the limitations of relief provided for under this Section regarding an

administrative paternity order and the administrative relief available from an

administrative paternity order under Sections 10-12 through 10-14.1 of the

Illinois Public Aid Code, a party may petition for relief from a registered

final administrative paternity order entered by consent of the parties,

excluding a voluntary acknowledgment or denial of paternity as well as an administrative

paternity order entered pursuant to genetic testing

rative relief available from an

administrative paternity order under Sections 10-12 through 10-14.1 of the

Illinois Public Aid Code, a party may petition for relief from a registered

final administrative paternity order entered by consent of the parties,

excluding a voluntary acknowledgment or denial of paternity as well as an administrative

paternity order entered pursuant to genetic testing.  The petition shall be

filed pursuant to Section 2-1401 of the Code of Civil Procedure [735 ILCS

5/2-1401] based upon a showing of due diligence and a meritorious defense.  The

court, after reviewing the evidence regarding this specific type of

administrative paternity order entered by consent of the parties, shall issue

an order regarding the petition.  Nothing in this Section shall be construed to

alter the effect of a final administrative paternity order, or the restriction

of judicial review of such a final order to the provisions of the

Administrative Review Law [735 ILCS 5/Art. III], as provided in Section 10-17.7

of the Illinois Public Aid Code.

q)         Certification

to State Gaming Licensee of Past-Due Support

1)         The

Department shall collect past-due support owed by responsible relatives in IV-D

cases through certification of the account balance to State Gaming Licensees (as

defined in Section 10-17.15 of the Illinois Public Aid Code).  This process

will be accomplished via an electronic interface between the Department and the

State Gaming Licensee.  The Department shall provide signage to the State Gaming

Licensee in compliance with the law

ort owed by responsible relatives in IV-D

cases through certification of the account balance to State Gaming Licensees (as

defined in Section 10-17.15 of the Illinois Public Aid Code).  This process

will be accomplished via an electronic interface between the Department and the

State Gaming Licensee.  The Department shall provide signage to the State Gaming

Licensee in compliance with the law.

2)         The

Department shall certify past-due support amounts to be withheld to any State Gaming

Licensee when the following conditions exist:

A)        The

amount of past-due support is at least $1,200 and the responsible relative has

not made a voluntary payment within 90 days prior to the certification;

B)        As of

the date of certification, the Department has not received notice of a pending

bankruptcy case involving the responsible relative; and

C)        The

State Gaming Licensee has notified the Department regarding the winnings of a

responsible relative owing past-due support.

3)         The

State Gaming Licensee shall withhold from winnings required to be reported to

the Internal Revenue Service on Form W2-G, or any subsequent amendment or

replacement to that form, for licensees covered under the Riverboat Gambling

Act [230 ILCS 10] and the Illinois Horse Racing Act of 1975 [230 ILCS 5], with

the additional requirement that the winnings are subject to withholding for

federal tax purposes for licensees covered under the Illinois Horse Racing Act

of 1975, up to the full amount of winnings necessary to pay the responsible

relative's past-due support.

A)        "Winnings"

means any cash award that results from a specific wager connected with limited

gaming or pari-mutuel wagering for which the licensee is required to file form

W2-G, or a substantially equivalent form, with the Internal Revenue Service

(IRS)

he Illinois Horse Racing Act

of 1975, up to the full amount of winnings necessary to pay the responsible

relative's past-due support.

A)        "Winnings"

means any cash award that results from a specific wager connected with limited

gaming or pari-mutuel wagering for which the licensee is required to file form

W2-G, or a substantially equivalent form, with the Internal Revenue Service

(IRS).  "Winnings" do not apply to the awarding of merchandise, other

non-cash items, promotional awards, loyalty program awards or other cash prize

awards not associated with a specific wagering event.

B)        For

the withholding of winnings, the State Gaming Licensee shall be entitled to an

administrative fee not to exceed the lesser of 4% of the total amount of cash

winnings paid the responsible relative or $150.

C)        The

past-due child support required to be withheld under this subsection (q)(3)(C),

and the administrative fee under subsection (q)(3)(B), would have priority over

any secured or unsecured claim or charitable contribution requested on cash

winnings, except claims for federal or State taxes that are required to be

withheld under federal or State law.

D)        In no

event shall the total amount withheld from the winnings, including the

administrative fee, exceed the total cash winnings claimed.  If the amount

claimed is greater than the amount sufficient to satisfy the past-due support

amount, the State Gaming Licensee shall pay the responsible relative the

remaining balance of the payout, less the administrative fee, at the time it is

claimed.

E)        The

State Gaming Licensee shall provide information required by the Department

regarding the responsible relative whose winnings may be subject to being

withheld pursuant to this subsection (q)(3) at the time the winnings are

redeemed or to be paid by the State Gaming Licensee

ible relative the

remaining balance of the payout, less the administrative fee, at the time it is

claimed.

E)        The

State Gaming Licensee shall provide information required by the Department

regarding the responsible relative whose winnings may be subject to being

withheld pursuant to this subsection (q)(3) at the time the winnings are

redeemed or to be paid by the State Gaming Licensee.  At the time the winnings

are withheld, an agent of the Illinois Racing Board shall be responsible for

notifying the person identified as being delinquent in child support payments

that the Gaming Licensee under the Illinois Horse Racing Act of 1975 is required

by law to withhold all or a portion of the winnings.  Upon request of a State Gaming

Licensee under the Riverboat Gambling Act, an agent of the Illinois Gaming Board

shall be responsible for notifying the person identified as being delinquent in

child support payments that the Gaming Licensee is required by law to withhold

all or a portion of the winnings. These notice requirements may be satisfied by

giving the person a copy of the certification the Department submitted to the

State Gaming Licensee.

4)         As

part of the Department's annual notice to responsible relatives who owe

past-due child support, as provided for in subsection (b)(3), the Department

shall include a statement regarding the Department's ability to certify the

past-due balance to a State Gaming Licensee.  This advance notice shall inform

the responsible relative of the following:

A)        The

IV-D case name and identification number;

B)        The

past-due support amount that will be submitted for collection; and

C)        The

type of collection remedies available to the Department

lude a statement regarding the Department's ability to certify the

past-due balance to a State Gaming Licensee.  This advance notice shall inform

the responsible relative of the following:

A)        The

IV-D case name and identification number;

B)        The

past-due support amount that will be submitted for collection; and

C)        The

type of collection remedies available to the Department.

5)         Immediately

upon receipt of the information required by subsection (q)(3)(E), the

Department's certification to the State Gaming Licensee shall provide the

following information regarding the responsible relative:

A)        Name;

B)        IV-D

identification number;

C)        The past-due

support amount to be withheld;

D)        The

amount of the administrative fee that the State Gaming Licensee may retain; and

E)        The

amount, if any, that may be released to the responsible relative.

6)         The

State Gaming Licensee shall provide the responsible relative with a receipt of

the withheld winnings and shall transfer those funds to the Department via

electronic transfer.  The Department shall hold the funds until the expiration

of the period in which the responsible relative may request a hearing or, if a

hearing has been requested, until a final administrative decision is rendered.

7)         The

responsible relative may contest the certification by the Department to the

State Gaming Licensee by a written request for hearing made to the Department

within 15 days after the date of the certification.

8)         The

Department shall proceed in accordance with 89 Ill. Adm. Code 104.103 upon

receipt of a written request for hearing, except that subsections (b) and (c)

of that Section shall not apply.

9)         The

Department shall notify the Clerk of the Court of the county in which the child

support order was entered of any amount collected for posting to the court

payment record

ication.

8)         The

Department shall proceed in accordance with 89 Ill. Adm. Code 104.103 upon

receipt of a written request for hearing, except that subsections (b) and (c)

of that Section shall not apply.

9)         The

Department shall notify the Clerk of the Court of the county in which the child

support order was entered of any amount collected for posting to the court

payment record.

10)        The

Department shall:

A)        Apply

any overpayment by the responsible relative pursuant to the certification for

collection as a credit against future support obligations; or

B)        If the

current support obligation of the responsible relative has terminated by

operation of law or court order, as promptly as possible, refund to the

responsible relative any overpayment, pursuant to the certification for

collection, that is still in the possession of the Department.

11)        Confidentiality

Information provided to and

accessed by the State Gaming Licensee is considered confidential.

r)         Other

Remedies

The Department shall pursue any

other remedies provided for by law to enforce and collect past-due support owed

by responsible relatives in IV-D cases.

s)         For all other hearings provided for under this Section, if the

Department's hearing officer determines that the Quantitative Standard for

Review has been met or that the party or parties requesting the hearing has or

have demonstrated the occurrence of a substantial change in circumstances since

entry of the last administrative order of support warranting modification of

that order, the hearing officer will recommend entry of a final administrative

decision resulting in entry of a new administrative order for support

andard for

Review has been met or that the party or parties requesting the hearing has or

have demonstrated the occurrence of a substantial change in circumstances since

entry of the last administrative order of support warranting modification of

that order, the hearing officer will recommend entry of a final administrative

decision resulting in entry of a new administrative order for support.  In

recommending terms of the new administrative order for support, either for

current support or, in the event that a current support obligation is no longer

owed and only past-due support remains, and therefore, periodic payments toward

the past-due support must be ordered, the hearing officer shall calculate the new

support terms in accordance with the provisions of Section 160.60(c)(2).