# 89 Ill. Adm. Code 160.70: Section 160.70 Enforcement of Support Orders

> Illinois · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P160_S160_70

## Section

- **Citation:** 89 Ill. Adm. Code 160.70
- **Heading:** Section 160.70 Enforcement of Support Orders
- **Jurisdiction:** Illinois
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Illinois Administrative Code / Title 89 SOCIAL SERVICES / CHAPTER I: DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES / Part 160 CHILD SUPPORT SERVICES / Section 160.70 Enforcement of Support Orders

## Text

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).

## Nearby sections

- [89 Ill. Adm. Code 160.70 Section 160.70  Enforcement of Support Orders](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P160_S160_70.md)
- [89 Ill. Adm. Code 160.71 Section 160.71  Credit for Payments Made Directly to the Title IV-D Client](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P160_S160_71.md)
- [89 Ill. Adm. Code 160.75 Section 160.75  Withholding of Income to Secure Payment of Support](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P160_S160_75.md)
- [89 Ill. Adm. Code 160.77 Section 160.77  Certifying Past-Due Support Information or Failure to Comply with a Subpoena or Warrant to State Licensing Agencies (Repealed)](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P160_S160_77.md)
- [89 Ill. Adm. Code 160.80 Section 160.80  Amnesty – 20% Charge (Repealed)](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P160_S160_80.md)
- [89 Ill. Adm. Code 160.85 Section 160.85  Diligent Efforts to Serve Process](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P160_S160_85.md)
- [89 Ill. Adm. Code 160.88 Section 160.88  State Case Registry](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P160_S160_88.md)
- [89 Ill. Adm. Code 160.89 Section 160.89  Interest](https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P160_S160_89.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_IL_IAC_T89_P160_S160_70. Check the current official text before relying on it. Not legal advice.