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Illinois State Profile |
Updated on 26 Sep 2007
Certified on 06 Sep 2007
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A. General/State-At-A-Glance |
 |
| A1. What is your State's program administration/operation type (State administered/State operated, State administered/County operated, or a combination)? |
State administered/State operated. |
| A2. How many local IV-D offices are in your State (excluding agencies with cooperative agreements)? |
Eight Regional Offices and 100 counties participate in the child support program. |
| A3. With what types of agencies do you have cooperative agreements? |
Illinois Department of Revenue, Illinois Department of Children and Family Services, Illinois Department of Employment Security, Illinois Department of Professional Regulation, Illinois State Police, Illinois Office of the Comptroller, IL state's Attorney, IL Circuit Clerks, IL Sheriffs, intra-agency agreements, IL Attorney General |
| A4. Does your state have statutes setting forth the attorney-client relationship between the state's attorney and the agency only? |
Yes |
| A4.1. If so, what is the statutory citation? |
(305 ILCS 5/10-3.1) |
| A4.2. Did your state have the State's Bar Counsel issue an opinion setting for the attorney-client relationship? |
No |
| A4.3. If so, please explain. |
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B. UIFSA |
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| B1. What is the enactment date of your State's Uniform Interstate Family Support Act (UIFSA)? |
7/28/1998 |
| B2. What is the effective date of your State's Act? |
7/28/1998 |
| B3. What is the statutory citation for your State's Act? |
750 ILCS 22/100-22/910
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| B4. What version of UIFSA has your state implemented (i.e the 1996 or 2001 version)? |
Both |
| B4.1. If your state has implemented the 2001 version, when was it implemented? |
Both |
| B5. Optional comments regarding your State's UIFSA Act. |
07/01/2004 |
C. Reciprocity |
|
| C1. With what foreign countries does your State reciprocate? |
Australia,Austria,Canada,Czech Republic,Germany,Hungary,Ireland,Mexico, Netherlands,Norway,Poland,Portugal,Slovak Republic,Switzerland,United Kingdom, Fiji,Finland,France,New Zealand, |
| C1.1. Does your state exercise its option to receive FFP for enforcement of spousal-only orders for foreign reciprocating countries? |
No |
| C1.2. If yes, please explain. |
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| C2. Has your State established reciprocity with any tribal courts? |
No |
| C2.1. If yes, list the tribes and identify services provided, if less than full services. |
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D. Age of Majority |
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| D1. What is the age of majority in your State? |
18 |
| D2. What is the statutory cite for the age of majority? |
755 I |
| D3. If not addressed in the order, at what age is child support automatically terminated as a matter of State law? Qualify, if necessary. |
Under Illinois law the duty to support ends at the age of 18 unless the child is attending high school or the support order stipulates a different age. |
| D4. Does the date of the order impact what law is applied? |
No |
| D4.1. If so, please explain. |
|
| D5. Does child support end if the child leaves the household but does not emancipate? |
No |
| D5.1. Optional comments regarding emancipation. |
305 ILCS 5/10-2 |
| D6. Does your State allow support to be paid beyond the age of majority under any circumstances (e.g. the child is handicapped or in college)? |
Yes |
| D6.1. If so, please explain. |
Illinois extends support to age 19 if in High School and documentation is received. |
| D7. Does your state automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or other wise emancipates? |
No |
| D7.1. If yes, please describe the procedure. |
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E. Statute of Limitations |
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| E1. What is your State's statute of limitations for collection of past due support? |
In accordance with 735 ILCS 5/12-108, eff. 07/01/97, child support judgments, including those arising by operation of law, may be enforced at any time. However, it cannot be applied retroactively. Prior to 07/01/97, the law limited enforcement of past-due child support judgments to 20 years. Therefore, any child support judgments that expired prior to 07/01/97 may not be enforced under 735 ILCS 5/12-108. |
| E2. What is your State's statute of limitations for paternity establishment? |
Generally, two years after the age of majority. However, the time during which any party is not subject to service of process or is otherwise not subject to the jurisdiction of the courts of this State shall toll the running of the statute. C750 ILCS/45/8 |
| E3. Is dormancy revival/renewal possible? |
No |
| E3.1. Please explain the circumstances when possible, and the length of time possible. |
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F. Support Details |
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| F1. What guideline type or method does your State use to calculate child support (e.g., Shared Income Model, Percentage of Income Model, Melson Formula)? |
Percentage income model |
| F2. Does your State charge interest on missed arrears? |
Yes |
| F2.1. If yes, please indicate the amount of interest charged and any related conditions. |
A support obligation, or any portion of a support obligation, which becomes due and remains unpaid for 30 days or more shall accrue interest at the rate of 9% per annum. |
| F3. Does your State charge interest on retroactive support? |
Yes |
| F3.1. If yes, please indicate the amount of interest charged and any related conditions. |
Statute permits 9% annually. See F2.1 |
| F4. Does your State charge interest on adjudicated arrears? |
Yes |
| F4.1. If yes, please indicate the amount of interest charged and any related conditions. |
Statute permits 9% annually. See F2.1 |
| F5. Will your State enforce a medical debt for 50% of the uninsured portion of a medical bill? |
No |
| F5.1. If so, under what circumstances? |
Unless the amount is enrolled as a lump sum judgement that was accrued, the service of an Income Withholding Notice with a Medical Support amount will be afforded. |
| F6. Have you elected to recover costs or charge fees in your State Plan? |
No |
| F6.1. If yes, what costs are recovered from/fees charged to the obligee? |
|
| F6.2. What costs are recovered from/fees charged to the obligor? |
Genetic test fees as ordered by court and standard recovery of fees from obligor. May be exception on case by case basis. |
| F7. Does your State recover costs on behalf of the initiating State? |
No |
| F7.1. Optional comments regarding recovering of initiating State's fees. |
|
| F8. Please provide a citation for your State's long-arm statute to establish and/or enforce child support. |
750 ILCS 22/201
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| F9. Does your State establish, enforce, or modify spousal maintenance orders? |
Yes |
| F9.1. If yes, under what circumstances? |
No establishment or modification,will enforce in conjunction with current child support and child lives with spouse. |
| F10. Does your State require the initiating State to include information about the new spouse or partner upon a request for establishment or modification (See General Testimony, See AT 05-03)? |
No |
| F10.1. Optional comments regarding required information on spouse or partner. |
No |
G. Income Withholding |
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| G1. What term(s) does your State use to refer to income withholding (e.g., wage withholding)? |
Income withholding |
| G2. What specific source of income is not subject to withholding? |
Income excludes any amount required by law to be withheld, other than creditor claims, including, but not limited to Federal, State and local taxes, Social Security and other retirement and disability contributions, union dues, any amounts exempted by the Federal Consumer Credit Protection Act, public assistance payments, unemployment insurance benefits except as provided by law. (750 ILCS 28/15 (d))
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| G3. Does your State have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits? |
No |
| G3.1. If yes, what are those limits? |
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| G4. What is the allowable fee per pay period for processing income withholding payments? |
Up to $5.00 per month (fee deducted from employee's remaining pay, not from withheld support). |
| G5. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding? |
Beginning no later than the next payment of income that occurs. (750 ILCS 28/35) |
| G6. What is the date by which an employer must remit amounts withheld from an employee's pay? |
Within 7 business days after the date the amount would have been paid or credited to the obligor. |
| G7. What are your State's procedures for sanctioning employers for not implementing income withholding? |
Upon finding on behalf of complaining party, a judgment may be entered for the total amount the payor willfully failed to withhold. Employer subject to a judgment for full amount that should have been withheld. (750 ILCS 28/35) |
| G8. What is the penalty to an employer for failure to remit payments withheld? |
A payor who willfully, within 7 business days, fails to pay over withheld income may be ordered to pay a penalty of $100 for each day after the 7 day period has expired. (750 ILCS 28/35) |
| G9. Does your State allow direct income withholding of unemployment insurance benefits across State lines? |
No |
| G9.1. Optional comments regarding direct withholding of UI benefits across State lines. |
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| G10. Does your State allow direct income withholding of workers' compensation benefits across State lines? |
Yes |
| G10.1. Optional comments regarding direct withholding of WC benefits across State lines. |
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| G11. How does an obligor contest income withholding in your State? |
File a petition with an Illinois tribunal. |
| G12. When the obligor has more than one claim for child support against his/her income, indicate your State's priority scheme for income withholding orders (e.g., employer should allocate available amount for withholding equally among all orders or prorate available amount across orders). |
On a pro-rated basis, the employer is to satisfy current support, arrearage, delinquency and interest in that order. |
| G12.1. If an employer in your State receives more than one income withholding order for child support from other States, can the employer request your assistance? |
Yes |
| G12.2. If assistance is not available, explain how employers should proceed. Please provide a citation for the State law that governs how they should proceed. |
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| G13. Does your state require any mandatory deductions, such as union dues, medical insurance premiums, etc., to arrive at net pay from gross pay when calculating disposable income for child support purposes? |
Yes |
| G14. When does your state require the employer to send notice of an employee's termination? |
Promptly |
| G15. How long should an employer retain the IWO after termination of an employee, in anticipation of reinstating the withholding should the employee be rehired? |
180 Days |
| G16. Does the State charge any fee to the obligor that the employer is required to withhold and remit to the State? |
No |
| G17. Does your State offer an alternate web-based payment mechanism in addition to paper and EFT/EDI? |
Yes |
| G18. Can a direct income withholding be sent to any of the following in your State: employer, financial institution (explain what institutions), Bureau of Workers Compensation, or other income payer? |
Employer - yes. Financial Institutions- only if it makes periodic payments of income to obligor, or other income payor-if it is the payor of record as defined in 750 ILCS 28, Income Holding for Support Act. Illinois Department of Employment Security (UIB) is not servible by other states. |
| G19. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your State's prioritization between child support and medical support. |
Current child support first then medical. If regarding medical insurance premium - first all current supports, then insurance premium, then past due support amounts, unless insufficient income to pay premium,then pay past due support is prorated between if doesn't have enough to satisfy. See 750 ILCS 28/35 (c). |
H. Paternity |
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| H1. When your State enters an order establishing paternity, are issues of custody and visitation also addressed? |
No |
| H1.1. If yes, please explain. |
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| H2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity? |
500 to 1 C.P.I. |
| H3. Optional comments regarding paternity acknowledgment conclusive legislation. |
(750 ILCS 45/5) |
| H4. What is the effective date of the State law that makes paternity acknowledgments conclusive? |
8/9/1996 |
| H4.1. Were acknowledgments prior to that effective date rebuttable? |
No |
| H4.2. Optional comments regarding paternity acknowledgments prior to that date. |
Paternity acknowledgments prior to 8/9/96 required court ratification. |
| H5. Does marriage constitute a rebuttable presumption of paternity? |
Yes |
| H5.1. How is the presumption rebutted? |
Genetic testing, access |
| H6. If the father's name is on the birth certificate and paternity has not been established by any other means does this mean that paternity is conclusively determined? |
Yes |
| H6.1. If not, briefly explain. |
Prior to 08/09/96, the father's name could be added without a determination of paternity. Therefore, paternity is not conclusively determined. |
| H7. Does your State have any other paternity-related presumptions? |
Yes |
| H7.1. If yes, briefly explain. |
(750 ILCS 45/5) Presumption of Paternity. a) A man is presumed to be the natural father of a child if: (1) he and the child's natural mother are or have been married to each other, even though the marriage is or could be declared invalid, and the child is born or conceived during such marriage; (2) after the child's birth, he and the child's natural mother have married each other, even though the marriage is or could be declared invalid, and he is named, with his written consent, as the child's father on the child's birth certificate; (3) he and the child's natural mother have signed an acknowledgment of paternity in accordance with rules adopted by the Illinois Departement of Public Aid Code; (4) he and child's natural mother have signed an acknowledgment of parentage or , if the natural father is someone other than one presumed to be the father under this Section, an acknowledgemnt of parentage and denial of paternity in accordance with Section 12 of the Vital Records Act; or (5) rebuttal with CPI of at least 500 to 1. (See answer to H2) |
| H8. Does your State have a putative fathers' registry? |
Yes |
| H8.1. If so, what is the name of that entity? |
Illinois Putative Father Registry - Division of Child and Family Services. |
| H9. Are there any fees for requesting searches, paternity documents, and data from your State Bureau of Vital Statistics? |
Yes |
| H9.1. Please describe any circumstances under which these fees may be waived. |
If the client is receiving TANF. |
| H10. Is common law marriage recognized in your State? |
Yes |
| H10.1. If yes, briefly describe the standard that defines common law marriage. |
When the legal relationship was established under another state's order or law. Illinois law does not provide for common law marriage. However, Full Faith and Credit will be given to a common law marriage established under another state law. |
| H10.2. When did your current common law standard go into effect? |
10/20/1994 |
| H10.3. If there was a common law standard in effect prior to your current standard, what was that standard and when did it go into effect? |
No |
| H11. When the custodial parent and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable (e.g., written, videotape, teleconferencing) |
Written, videotape, teleconferencing |
| H12. Please give the cite for your State's long arm statute and list any special provisions. |
750 ILCS 22/201
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| H13. Does your State recover genetic testing costs for other States? |
Yes |
| H13.1. If so, please explain. |
Case by case basis and only if paternity is established against the alleged father. |
| H14. Are there any other documents that are required to get the father's name on the birth certificate (e.g. is an acknowledgement of paternity needed)? |
Yes |
| H15. What is the effective date of the State law that makes a father's name on the birth certificate a conclusive determination of paternity? |
|
| H16. If there is more than one child with the same custodial parent, and the same alleged father, should one set of documents be sent to your state (with a paternity affidavit for each child) or should a separate packet be sent for each child? |
Yes |
I. Support Order Establishment |
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| I1. Does your State use an administrative or a judicial process to establish a support obligation? |
Both |
| I1.1. If your State can establish under both, under what circumstances would the administrative process be used? |
Individual case circumstances and the volume of cases determine the process used. (750 ILCS 25/4 and 305 ILCS 5/10-11) |
| I1.2. Under what circumstances would the judicial process be used? |
Any case where the circuit court has taken jurisdiction and the order has active terms. All cases with unusual circumstances are referred judicially. Volume of case flow may impact referral process. Paternity establishment for older children. (305 ILCS 5/10-13.9) |
| I1.3. If your State uses an administrative process, provide the statutory citations for your State's administrative procedures. |
305 ILCS 5/10-1 el. seg.
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| I2. In setting support under your State's guidelines, whose income is considered in addition to the NCP (e.g., new spouse's or child's) |
The formula considers the obligor's net income, deviations from the standard can be based on consideration of the income of the child or other parent. |
| I3. What criteria for rebutting your presumptive guidelines have been established in your State? |
The guidelines shall be applied in each case unless the court makes a finding that application of the guidelines would be inappropriate, after considering the best interests of the child in light of evidence including but not limited to one or more of the following relevant factors: (a) the financial resources and needs of the child; (b) the financial resources and needs of the custodial parent (c) the standard of living the child would have enjoyed had the marriage not been dissolved; (d) the physical and emotional condition of the child, and his educational needs; and (e) the financial resources and needs of the non-custodial parent. If the court deviates from the guidelines, the court's finding shall state the amount of support that would have been required under the guidelines, if determinable. The court shall include the reason or reasons for the variance from the guidelines. (750 ILCS 5/505) |
| I4. Will your State establish support orders for prior periods? |
Yes |
| I4.1. If so, for what prior periods (e.g., birth of the child, date of separation, prenatal expenses, 5 years retroactive)? |
Support may be established back to the date of birth in a parentage or back to date of separation in an abandonment case. In a parentage action brought within 2 years after a child's birth, the judgment or order may direct either parent to pay the reasonable expenses incurred by either parent related to the mother's pregnancy and the delivery of the child. (750 ILCS 5/505; Public Aid Code 10-10,11,11.1) |
| I4.2. What information or documentation does your State require to proceed? |
1. Father's prior knowledge of circumstances of the child's birth. 2. Father's prior willingness or refusal to help raise. 3. The extent to which the mother or public agency that bring the action previously informed the father of the child's needs or attempted to seek or require his help in raising or support in raising the child. 4. Reasons the mother or public agency did not file the action earlier. 5. The extent to which the father would be prejudiced by the delay to bring the action. |
| I4.3. Will your State allow a petition for support when the only issue is retroactive support? |
No |
| I4.4. If there are limitations upon your State's ability to establish support for prior periods, please specify. |
See 14.2 |
| I5. What actions can your State perform using the administrative process? Does your State use an administrative process for paternity, establishment, modification and the enforcement of child support? |
Most processes. Yes |
| I6. What is your State's statutory authority for the administrative process? |
Article 10 750 ILCS 5/10.1
For Additional Information - No Link Provided |
| I7. Is there a local State law that allows the interstate administrative subpoena? |
No |
| I8. Does your State require that a custodial person (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is being expended? |
Yes |
| I9. Does your State require that a custodial person (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is/or is not being expended? |
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| I10. Does your State require that a custodial person (who is not one of the biological parents) to have legal custody of a child before enforcing an order for support that was issued as the biological parents as the parties for non public assistance cases? |
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| I11. When your state has issued an order that reserves support, and now child support should be ordered, should the other state request an establishment or a modification action? |
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J. Support Enforcement |
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| J1. Indicate whether your state has the following enforcement remedies available. Also indicate what procedures are available (i.e, judicial, administrative, or both? |
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| J1.1. Are your State income tax refund procedures judicial, administrative, or both? |
Administrative only (305 ILCS 5/10-17.5) |
| J2. Is the lien process in your State judicial, administrative or both? |
Procedurally, liens may be done administratively or judicially. However, some levies on property, ie. real estate, may only be executed judicially. Illinois IV-D policy requires an arrears of $1,000 or more and at least $300.00 in account for IV-D Agency to engage a lien and levy process. Illinois does not have a central lien registry. If the obligor or a joint owner agree with the administrative finding, they may file with the court within 35 days of the finding. |
| J2.1. What are the trigger criteria for filing a lien? |
$1,000 arrearage for PP $10,000 arrearage for RP. |
| J2.2. Where is your State liens filed? |
County, County Recorder of Deeds. |
| J2.3. Does your State charge a fee for filing a lien? |
Yes |
| J2.4. If so, please indicate the amount. |
Varies. |
| J.3. Does your State enforce property seizure and sale? |
Yes |
| J3.1. Are the property seizure and sale procedures judicial, administrative, or both? |
Both. The Illinois Department, acting on behalf of the State, may forclose the lien in a judicial proceeding to the same extent and in the same manner as in the enforcement of other liens. The process, practice, and procedure for the foreclosure shall be the same as provided in the Code of Civil Procedure. (Source: P.A. 90-18, eff. 7-1-97; 91-613, eff. 10-1-99.) |
| J4. Are the MSFIDM Freeze and Seize procedures in your State judicial, administrative, or both? |
Both. (305 ILCS 5/10-24.5) Illinois law in process of establishing contract with financial institutions as required by Illinois law. |
| J4.1. When must a non-custodial parent (NCP) receive notice that a MSFIDM Freeze and Seize action is an enforcement remedy and may be used by the State to collect deliquent child support? |
When there is an intent to Freeze and Seize. The NCP is notified of the delinquency and sent the notice of lien. |
| J4.2. Does your State's income withholding definition include amounts in financial institutions? |
No |
| J4.3. Does a new notice have to be sent when intent to Freeze and Seize is sent? |
Yes |
| J4.3.1 If so, who notifies the NCP, the State or Financial Institution? |
Both |
| J5. What are the time frames if a new notice of intent to Freeze and Seize must be sent? |
Simultaneously. |
| J5.1. What are the criteria that must be met to deem an obligor eligible for Freeze and Seize action in your state? |
$1000 minimum delinquency. No specified number of months delinquent. No accounts exempted. |
| J5.2. What is the minimum dollar amount that the obligor must be delinquent prior to becoming eligible for asset seizure? |
$1000.00 |
| J5.3. Is there a specified amount of time for the obligor to be delinquent prior to proceeding with Freeze and Seize? |
120 days. If obligor request an appeal, the 120 days stop. |
| J5.3. 1. If yes, please provide the time frame. |
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| J5.4. Are only a certain percentage of the obligor's financial assets eligible for Freeze and Seize? |
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| J5.4.1. If yes, please provide the percentage. |
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| J5.4.2 . Is the percentage different for joint accounts? |
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| J5.4.3. If yes, please provide the amount. |
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| J5.5. Does your state require that a minimum amount of money must be in a financial account for the funds to be eligible for Freeze and Seize action? If so please provide the amount. |
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| J5.6. Who is responsible for applying the minimum amount, your State or the Financial Institution? |
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| J5.7. How long does the obligor and/or account holders have to contact your State child support enforcement and/or court to challenge the Freeze and Seize action? |
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| J5.8. If State law and/or policy allows for a second contest to Freeze and Seize action, how long does the obligor and/or joint account holder have to contact your state child support agency or court to challenge the Freeze and Seize action? |
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| J5.9. On what basis can an obligor and/or other account holder challenge/contest a freeze and seize action? |
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| J5.10. Is your State's complaint review process judicial, administrative or both? |
Admininstative. |
| J5.11. What are your State's penalties for incorrect seizures? |
None, however the financial instutution may charge the obligor up to $50 per account for freezing the assets. |
| J5.12. Is the second challenge administrative, judicial or both? |
|
| J5.13. What are your State's appeal time frame, unique appeal requirements and recourse for non-debtor accounts? |
15 days from date of notice. Request must be in writing. Non-debtor has same appeal rights as obligor. |
| J5.14. Is the Freeze and Seize operation in your state centralized or automated? |
Centralized. Semi automated. |
| J5.15. Are there additional Freeze and Seize requirements or limitations not otherwise noted in this profile? |
None |
| J5.16. Has your state established a minimum benefit amount that must be met for a financial institution to proceed with the Freeze and Seize action? |
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| J5.16.1. If yes, what is the amount? |
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| J5.17. Does your state have procedures in place to liquidate non-liquid assets (e.g., stocks, bonds, etc)? |
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| J5.17.1 If yes, please provide the state authority and the procedures Financial Institutions should follow to liquidate non-liquid assets. |
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| J5.18. Does your state law/policy instruct the Financial Institution or state to hold the frozen assets during the challenge/appeal time frame and/or freeze period? |
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| J5.19. How long does the Financial Institution have to send the obligor's assets to your state child support enforcement agency? |
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| J5.19.1 . If yes, please define. |
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| J6. Does your state withhold state funds or benefits? |
Yes |
| J6.1. If yes, is the method of withholding state benefits judicial, administrative, or both? |
Both. Administrative liens and levies on personal property for past-due child support. (305) ILCS 5/10-25.5) |
| J7. Please describe any other administrative enforcement procedures your state may have. |
Department of Revenue |
| J8. Please describe any other judicial enforcement procedures your state may have. |
Suspension of driver's license |
| J9. If your state has established specific procedures for registering administrative liens, what are the procedures that another state must follow? |
Process in development.
|
| J10. Which of our state's enforcement remedies are available without registration? |
Only direct income withholding. |
| J11. Describe your state's registration and enforcement procedures. |
Judicially or administratively registered remedies available are the same as any Illinois order. |
| J12. After registration, describe additional judicial procedures required, if any, to enforce a support order. |
None |
| J13. Has your state adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA)? |
Yes |
| J13.1. If yes, please provide the statutory citation. |
735 ILCS 5/12-650 thru 12-657
|
| J14. Does your state's law require financial institutions doing business in your state to accept Freeze and Seize actions directly from other states? |
Public Act 90-18 added eight nearly identical provisions to the banking, savings and loan, foreign banking, and insurance statutes. Section 48.4(a) if the Illinois Banking Act (205 ILCS 5/48.4(a) provides: "(a) Any bank governed by this Act shall encumber or surrender accounts or assets held by the bank on behalf of any responsible relative who is subject to a child support lien, upon notice of the lien or levy or the Illinois Department of Public Aid or its successor agency pursuant to Section 10-25.5 of the Illinois Public Aid Code or upon notice of interstate lien or levy from any other state's agency responsible for implementing the child support enforcement program set forth in Title IV, Part D of the Social Security Act." (Emphasis added) |
| J14.1. If no, describe the process for a Freeze and Seize action from another state's IV-D agency (e.g., Transmittal #3, Transmittal #1, and list additional documentation required). |
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| J15. Does your state use credit bureau reporting as an enforcement method? |
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| J16. Provide which credit bureaus your state report an obligor's child support information? |
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| J17. Is the method for credit bureau reporting judicial, administrative or both? |
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| J18. In an interstate case, does your state report an obligor's child support information to credit bureaus when it is the initiating state, the responding state, or both? |
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| J19. What are your state's criteria for reporting an obligor's child support information to credit bureaus? |
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K. Modification and Review/Adjustment |
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| K1. With what frequency are reviews conducted in IV-D cases (e.g., every year, every three years)? |
Cases qualify for reviews every 36 months. |
| K2. On what basis are the reviews conducted (e.g., on request of the CP, NCP in non-TANF cases, automatically in TANF cases)? |
At least 36 months have elapsed since establishment, modification or last modification review or RR ("Responsible Relative")income/support amount or no medical insurance ordered or request for review received from client, RR or other state or case was previously selected for review but closed because there was no employer Automatic referrals consider whether there was assignment of support rights to IDPA by a TANF client. |
| K3. Briefly describe your State's modification procedure. |
Selection procedure is automated remaining procedure requires manuel processing. |
| K4. What are your criteria for modification (e.g., $50 or 20% from present order)? |
At least 20% change in income, minimum of $10 per month. |
| K5. Which of the following criteria for demonstrating a change in circumstances apply, if any? |
|
| K5.1. The earnings of the obligor have substantially increased or decreased. |
Yes |
| K5.2. The earnings of the obligee have substantially increased or decreased. |
No |
| K5.3. The needs of a party or the child(ren) have substantially increased or decreased. |
Yes |
| K5.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed. |
No |
| K5.5. The child(ren) have extraordinary medical expenses not covered by insurance. |
Yes |
| K5.6. There has been a substantial change in child care expenses. |
Yes |
| K5.7. What other criteria does your state use for demonstrating a change in circumstances or comments regarding change of circumstances? |
1) Medicalinsurance was not addressed. 2) case was previously selected for review but closed because there was no employer. |
| K6. Does your State have cost of living adjustments (COLAs)? |
No |
| K6.1. If so, what index does your State use? |
|
| K7. How does your state credit SSA disability to current and past due support? |
SSA dependent allowance benefit payment shall be applied towards child support up to the total amount of child support due in that month. Any dependent allowance amount that is over the ordered amount is considered a gift and cannot be applied to satisfy any delinquency and/or arrearage that accrued prior to the first month that the dependent allowance was received. |
| K8. Does your state abate support? For example, when the child is not living with the custodial parent for more than 30 days and there has not been a change in custody, or when the noncustodial parent is in prison, etc. |
No |
| K8.1. If so, please explain the situation? |
|
| K8.2. What is the statutory cite for your abatement law? |
The statutory cite for abatement law: 750 ILCS /505, 750 ILCS 5/510, and ILCS S. Ct. rule 296.
For Additional Information - No Link Provided |
| K8.3. What documents are required for each type of referral other than UIFSA referrals? For example, pay records and certifications for TANF, etc. |
Transmittal three and all supporting documents. |
| K8.4. Please provide information to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests. |
www.idph.state.il.us/vitalrecords/index.htm |
| K9. What information is required to register an out-of-state order for enforcement/modification? |
Refer to UIFSA. |
L. Lump Sum Payments |
|
| L1. Does your state define a lump sum payment? |
No |
| L1.1 If yes, please provide your state's definition. (Be specific, i.e., severance pay, incentives, relocation lump sum payments, ect)? |
|
| L1.2 Provide the statutory citation. |
For Additional Information - No Link Provided |
| L2. Does your state law require employers to report lump sum payments? |
Yes |
| L2.1 If yes, please provide the statutory citation or rule requiring employers to report this information. |
750 ILCS 28/35 & 750 ILCS 28/15 |
| L3. Are employers required to report lump sums for all income withholding orders (including cases with no arrears)? |
No |
| L3.1 If yes, what is the threshold amount at which a lump sum payment must be reported? |
|
| L4. How are employers instructed to report a pending lump sum? |
On the income Withholding Order/Notice, Employers are advised to contact the IV-D agency. |
| L5. Provide the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum. |
There is no specified time frame. |
| L6. How long must the employer hold the lump sum before releasing the payment to the custodial parent? |
there is no specified time frame. |
| L7. Does your state use the income withholding order to attach the lump sum payment? |
Yes |
| L7.1 If yes, is it noted on the original order or is it sent specifically to cover the lump sum? |
It is noted on the original order. |
| L8. Does your state use the lien/levy process to attach the lump sum payment? |
Yes |
| L8.1 If yes, what is the name of the document your state uses to attach lump sum payment? |
Notice of Lein - HFS 3741(R-1-06) |
| L9. What other documents does your state use to attach lump sum payments? |
None |
| L10. Does your state require the consumer Credit Protection Act (CCPA) limits to be applied to lump sum payments? |
Yes |
| L10.1 If yes, what are those limits? |
Withholding Limits: For state orders, you may not withhold more than the leaser of: 1)The amounts allowed by the Federal Consumer Credit Protection Act (15 u.s.c. 1673(b));or 2) The amounts allowed by the state of the employee/obligor's principal place of employment. The federal limit applies to the aggregate disposal weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as; state, federal, local taxes; Social Security taxes;statutory pension contributions;and Medicare Taxes. Under Illinois law, the amount acturally withheld from the obligor's income for support and other purposes,including the payor withholding fee,may not be in excess of the maximum amount permitted under the Federal Consumer Credit Protection Act. The Federal CCPA limit is 50% of the ADWE for child support and alimony, which is increased by 1)10%if the employee does not support a second family;and/or 2)5if arrears greater than 5% if arrears greater than 12 weeks.
For Additional Information - No Link Provided |
| L10.2 If no, what percentage is the employer required to withhold? |
Employer is only required to forward funds from a "lump sum" to the State if the employer receives a notice of Lien or a court order. |
| L11 If an employer pays the lump sum in addition to regular wages, in a single payment, would the CCPA limits apply? |
Yes |
| L11.1 If yes, would the employer only withhold for that period's obligation? |
Yes | |
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