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State Child Support Website Link
State Child Support Website


Updated On: 07 May 2025
Certified On: 02 Sep 2025

1. General Program-At-A-Glance

1. How many local child support offices are in your state excluding agencies with cooperative agreements?
Illinois is a Single Separate Organizational Unit with ten Regional Offices (Aurora, Belleville, Champaign, Cook Central, Cook Southern, Joliet, Marion, Peoria, Rockford and Springfield) and satellite offices located in Lake Co, LaSalle Co, Knox Co, Rock Island Co, and Adams Co.
2. What is the name of your IV-D agency?
Illinois Department of Healthcare and Family Services, Child Support Services
3. Is your state administrative, judicial, or a combination of both? In particular, does your state primarily use judicial or administrative procedures to establish and/or enforce support orders? Please describe.
Combination of both. Primarily judicial procedures for establishment of support orders and administrative procedures for enforcement of support orders.
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4. Does your state use the following applications: EDE, CSENET, QUICK?
Yes, all three applications are utilized.
5. Describe special requirements for telephonic or video participation in two-state actions.
Courts may have varying requirements for remote participation via telephonic or video options. States should contact Child Support Services or the local court handling the intergovernmental case for coordination of these requests.
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2. Duration Of Support

1. What is the duration of support in your state? Include the age of majority when the support obligation ends in the absence of other factors. Include your state's statutory citation(s).
Under Illinois law the duty to support ends at the age of 18 unless the child is attending high school or the support order stipulates a different age. Illinois extends support to age 19 if in High School and documentation is received. (750 ILCS 5/505).
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2. If not addressed in the order, at what age is child support automatically terminated as a matter of state law? Qualify, if necessary.
Under Illinois law the duty to support ends at the age of 18 unless the child is attending high school or the support order stipulates a different age. Illinois extends support to age 19 if in High School and documentation is received. (750 ILCS 5/505)
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3. Does the date of the order determine the law that is applied to the duration of support? If yes, describe.
No
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4. Does your state law allow support to be paid beyond the age of majority under certain circumstances (for example, if the child has a disability or is in college)? If yes, describe.
Yes, Illinois extends support to age 19 if in High School and documentation is received. By court order, support can be extended due to a disability. Parents may be required to contribute to college or vocational education expenses per court order after the child graduates from high school. 750 ILCS 5/513(c); however, establishment and collection of post majority expenses are not provided by CSS.
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5. What are your state's laws regarding the emancipation of the child that would result in early termination of the child support obligation? Describe.
Nothing in the relevant Illinois statute shall be construed to prevent the court from modifying the order or terminating the order in the event the child is otherwise emancipated. Emancipation of a minor can be recognized per court order, marriage, or military enlistment. Early emancipation laws in Illinois are governed by the Emancipation of Minors Act in Illinois statute 750 ILCS 30/. This Act outlines the criteria and legal process for minors aged 16 or 17 to become emancipated before reaching the age of majority. (750 ILCS 5/505(g), (750 ILCS 46/802(l), and (750 ILCS 30/).
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6. Does child support end if the child no longer lives with the custodial parent but does not emancipate according to state law? For example, the child graduates from high school at 17 and no longer lives with the custodial parent?
No, not unless a motion to terminate support is granted by the court.
7. For orders that include multiple children, does your state automatically reduce the current support owed for remaining children after one of the children in the order reaches the age of majority or otherwise emancipates? If yes, describe.
No
8. Does your state provide IV-D services to establish support for a child who is no longer a minor but for whom state law provides post-majority support (for example, if the child has a disability or is in college)? If yes, please describe the specific circumstances.
No. Parents may be required to contribute to college or vocational education expenses per court order after the child graduates from high school. 750 ILCS 5/513(c); however, establishment and collection of post majority expenses are not provided by CSS. (750 ILCS 5/513(c).

3. Statute Of Limitations

1. What is your state's statute of limitations for the collection of past-due support?
Effective 07/01/97, child support judgments, including those arising by operation of law, may be enforced at any time. However, this cannot be applied retroactively. Prior to 07/01/97, the law limited enforcement of past-due child support judgments that expired prior to 07/01/97 may not be enforced under (735 ILCS 5/12-108).
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2. What is your state's statute of limitations for the establishment of paternity/parentage? Please explain.
There is no limitation for the establishment of paternity/parentage for a child having no presumed, acknowledged, or adjudicated parent. (750 ILCS 46/607)
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3. Is dormancy revival/renewal possible? If yes, under what circumstances and for how long?
No, child support judgments, including those arising by operation of law, may be enforced at any time. (735 ILCS 5/2-1602)
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4. Can the statute of limitation for enforcement be extended or waived? If yes, under what circumstances and for how long?
There is no statute of limitations for enforcement in Illinois.

4. Support Order Details

1. What guideline type or method does your state use to calculate child support (for example, Income Shares Model, Percentage of Income Model, Melson Formula)?
Illinois uses the Income Shares Model as of July 1, 2017. Public Act 099-0764 amended (750 ILCS 5/505, 510). Illinois Income Shared Guidelines are outlined in (750 ILCS 5/505, 510).
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2. What is the minimum number of days with each parent that can be considered in your guideline’s formula, and what evidence is required (for example, court-order custody schedule, parenting plan, or verbal testimony)?
The non-custodial parent is entitled to a parenting time adjustment when, based on court order or parenting plan schedule, the non-custodial parent has146 or more overnights a year with the child. (750 ILCS 5/505(3.8))
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3. Does your state have any statute(s) addressing interest on arrears? If yes, indicate the amount of interest charged, any related conditions, and the statutory citation.
Yes, however, effective 01/01/2021, HFS will only be involved in the calculation, establishment, and enforcement of interest for those IV-D cases meeting the criteria contained in 89 Illinois Administrative Code Section 160.89. Illinois will only calculate interest once all children are emancipated and the principal balance is paid in full. The CP must submit a written request, and if Illinois is the responding jurisdiction, the initiating jurisdiction should provide the written request along with a Transmittal #2 requesting an interest adjudication review. Illinois will continue to enforce previously adjudicated interest balances but will not assess interest on an ongoing basis until the criteria for calculation is met. The parties may always pursue interest on their own. 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. 89 Illinois Administrative Code Section 160.89.
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4. Does your state’s IV-D agency calculate interest on arrears? If yes, indicate the amount of interest charged and any related conditions.
Yes, Statute permits 9% annually. Upon request of the client or other state, Illinois will provide another state with a Certified Balance Statement; however, Illinois will not calculate interest on a certified balance sent to another state for their registration of arrears unless all children are emancipated and the principal balance is paid in full. If the other state wishes to include a judgment of the outstanding arrears when the other state does a modification and assumes jurisdiction (i.e., assumes continuing exclusive jurisdiction and enters a controlling order), they may calculate and enter a judgment regarding the arrearage and interest owed. 89 Illinois Administrative Code Section 160.89
5. Does your state charge interest on retroactive support? If yes, indicate the amount of interest charged and any related conditions.
Yes, Statute permits 9% annually. Interest on retroactive support ordered is only calculated when all children are emancipated and the principal balance is paid in full. 89 Illinois Administrative Code Section 160.89.
6. Will your state enforce a medical debt for any uninsured portion? If yes, under what circumstances?
Yes.
7. If your state has issued an order, and another IV-D agency asserts that the person/entity entitled to receive child support payments has changed from the person/entity designated in your state’s order (due to a change in placement or foster care status), what does your state require in order to change the person/entity entitled to receive payments?
Illinois law requires a new order to be entered to change the payee of child support to the new caretaker. Illinois does not allow child support to automatically follow the child. There are times when support may be redirected if an order has been received stating a guardian has been appointed for the minor and estate. (750 ILCS 5/505).
7.1 Does it matter if the child receives TANF or Medicaid-only? If yes, explain.
No. However, TANF requires cooperation; although, child support payments are not retained for reimbursement. Medicaid-only does not require cooperation; however, child support payments are retained for reimbursement.
8. Does your state require that a custodial party, who is not one of the biological parents, have legal custody of a child before enforcing an order for support that was issued to the biological parents as the parties for non-public assistance cases?
Yes.
9. Does your state IV-D agency grant the noncustodial parent credit toward child support for Social Security Administration (SSA) auxiliary benefits paid to the custodial parent on behalf of a child when those benefits are based on the noncustodial parent’s SSA benefit?
Yes, Illinois includes the Social Security Dependent Benefit Allotment paid on behalf of the parent for the child as income in determination of the support amount. This amount is subtracted from the adjudicated current support figure for the amount to be enforced.
9.1 If a child’s auxiliary SSA benefit paid to the custodial parent is greater than the current child support obligation, do you credit the excess amount against arrearages, and if so, how?
No.
10. Does your state abate support? If yes, explain the circumstances and provide your statutory citation.
Yes, circumstances may vary by court and legal representative; however, effective January 1, 2011, Illinois Supreme Court Rule 296 was repealed eliminating language regarding a Petition for Abatement. Although, it may still be ordered that support is abated, it is more common that a Petition for Modification is used in related circumstances.
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11. If a child’s family benefit paid directly to the custodial parent is greater than the child support order, how do you credit the excess amount of current support? (That is, is it treated as a gift, paid to arrears accrued at any time, or treated as payment for a future period?)
Credit is not given, it is treated as a gift
12. If the case is an intergovernmental case, what is your process for notification and reconciliation of the SSA payments with the other state?
CSENET/Transmittals. If an adjustment is made to an Illinois Order on a responding intergovernmental case/docket, a Transmittal #2 is sent to the other sent advising that the child(ren) receives SSA dependent benefits and providing the specifics of the review and adjustment.
13. Does your state close cases when the noncustodial parent receives SSI only or when the noncustodial parent receives SSI and Title II benefits?
Yes, if the noncustodial parent meets the criteria for case closure.
14. Does your state child support agency have a debt compromise program?
No, the previous Clean Slate Program is no longer an active program in Illinois.
15. When a child reaches the age of majority or otherwise emancipates and arrears are owed on the order, how does your state determine the payment rate on arrears? (For example, is collection enforced at the support amount plus arrears amount?)
On the date the child attains the age of majority or is otherwise emancipated, the periodic amount required to be paid for current support of that child immediately prior to that date shall automatically continue to be an obligation, not as current support but as periodic payment toward satisfaction of the unpaid arrearage or delinquency. That periodic payment shall be in addition to any periodic payment previously required for satisfaction of the arrearage or delinquency. (750 ILCS 5/505 (6)(g-5).
16. When there is an existing support order between the parents of a child and the child’s residence changes from one parent to the other, does your state require that the new custodial parent obtain legal custody before child support is addressed? Please describe.
Yes, proof of change of custody may include formal guardianship documents awarding guardianship of the child(ren) to the NCP or new caretaker. (Note: If the guardianship document awards guardianship of both the child and the child’s estate, it is not necessary to obtain a change of payee for current support from the individual who is awarded guardianship.); custody order awarding custody of the child(ren) to the NCP or the new caretaker; docket entry stating that child support payments 1) are terminated because the child(ren) live with the NCP or 2) are now to be made to the new caretaker; or a Department of Corrections Temporary Guardianship Agreement.

5. Paternity/Parentage

1. Does your state law require custody and visitation to be addressed at the time of paternity/parentage establishment? If yes, please describe and provide the statutory citation.
No.
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2. How is genetic testing coordinated within your state when the other party is in another state?
The IV-D agency coordinates genetic testing with the laboratory and notifies the other party. When Illinois is the responding agency, Illinois will notify the initiating agency of the test date for the party in their state. If Illinois is the initiating jurisdiction; the other state obtains an order for GT; then asks Illinois to schedule the GT.
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3. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity?
In Illinois, genetic testing must show a probability of 99.9% or higher to create a presumption of paternity. (750 ILS 46/404)
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4. What is the state law citation that makes paternity acknowledgment conclusive? Please describe (if appropriate).
(750 ILCS 46/201(b)(1)) indicates the establishment of a parent-child relationship is created through a valid Voluntary Acknowledgment of Paternity.
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5. Does marriage constitute a rebuttable presumption of paternity/parentage without exceptions? Please describe and provide your statutory citation.
Yes, marriage constitute a rebuttable presumption of paternity/parentage. A Voluntary Acknowledgment of Paternity and Denial of Parentage may be completed to rebut the marriage presumption. (750 ILCS 46/204, 303)
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6. Does the father’s name on the birth certificate constitute a conclusive presumption of paternity? Please provide your state citation. If no, please describe.
No, prior to 08/09/96, the father's name could be added without a determination of paternity. Therefore, paternity is not conclusively determined unless there is a valid Voluntary Acknowledgment of Paternity, Judicial Paternity Order, or Administrative Paternity Order.
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7.Does your state have any other paternity/parentage-related presumptions? If yes, please describe.
Yes, See (750 ILCS 46/204) Presumption of parentage.
8. What, if any, is the agency name and link for your state’s putative fathers’ registry?
Illinois Putative Father Registry (750 ILCS 50/12.1)
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9.What documents regarding paternity can your state’s IV-D agency provide to other IV-D agencies? Are there any charges to the requesting IV-D agencies?
Court Orders, Administrative Orders, and Voluntary Acknowledgment of Paternity documents. There are no charges for these documents.
10. Does your state’s bureau of vital statistics charge any fees to other states or private individuals for requesting searches, paternity/parentage documents, and data?
Yes. Illinois Department of Public Health.
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10.1 Describe any circumstances under which these fees may be waived?
Fees and waiver, if any, are determined by Illinois Department of Public Health, Division of Vital Records. Send requests to the Illinois Department of Public Health, Division of Vital Records at dph.vitals@Illinois.gov.
11. Is common-law marriage currently recognized in your state? If yes, describe the standard that defines common-law marriage and the date the standard went into effect.
Common-law marriages originating in the state of IL are not recognized. However, common-law marriages originating in a state that considers them valid, will be recognized.
12. If there was a prior common-law standard in your state that is no longer in effect, what were the dates that standard was in effect? Describe the standard.
Common law marriages contracted in this State after June 30, 1905, are invalid. (750 ILCS 5/214)
13. If there is more than one child with the same custodial party and the same alleged father, should an initiating jurisdiction send one intergovernmental packet to your state (with a separate Declaration in Support of Establishing Parentage forms for each child) or a separate intergovernmental packet for each child?
An initiating jurisdiction may send one packet with a separate Paternity Affidavit/Declaration for each child. Only one Uniform Support Petition and General Testimony is required.

6. Support Order Establishment

1. Does your state use an administrative, judicial, or a combined process to establish a support obligation?
Both administrative and judicial.
1.1 If your state can establish both administratively and judicially, under what circumstances would your state use the administrative process? Please provide the statutory citation for your state's administrative procedures.
Individual case circumstances and the volume of cases determine the process used. (750 ILCS 25/4, 750 ILCS 25/5; 305 ILCS 5/10-10 and 305 ILCS 5/10-11)
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1.2. Under what circumstances would your state use the judicial process? Please provide the statutory citation for your state's judicial procedures.
Any case where the circuit court has taken jurisdiction and there is an order of the court with active terms; any case where one or both parents and/or one or more children in common are the subject of another family law order; any case where the referral originated in the Title IV-E agency; any case where there is a point of law that may be contentious or difficult; any case where the parents appear to be in significant conflict with each other; any case where paternity is being established for older children; any case establishing paternity/support where multiple alleged fathers have been named; and any other case where a judicial environment is deemed necessary. (750 ILCS 25/4, 750 ILCS 25/5; 305 ILCS 5/10-10 and 305 ILCS 5/10-11)
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2. When setting support using your state's guidelines, whose income is considered in addition to the noncustodial parent's (for example, custodial parent, spouse, child)?
Illinois uses the Income Shares Model as of July 1, 2017. Public Act 099-0764 amended (750 ILCS 5/505, 510). Illinois Income Shared Guidelines are outlined in (750 ILCS 5/505, 510). The incomes of both parties are used in determining the child support obligation with the number of overnights taken into consideration. (750 ILCS 5/505)
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2.1. What documentation is required as proof/evidence of this information?
Financial Affidavits, pay stubs, tax returns, SSA dependent benefits.
3. What criteria for rebutting your presumptive guidelines have been established in your state?
The guidelines shall be applied in each case unless the court makes a finding that application of the guidelines would be inappropriate, after considering the best interests of the child in light of evidence including but not limited to one or more of the following relevant factors: (a) the financial resources and needs of the child; (b) the financial resources and needs of the custodial parent (c) the standard of living the child would have enjoyed had the marriage not been dissolved; (d) the physical and emotional condition of the child, and his educational needs; and (e) the financial resources and needs of the non-custodial parent. If the court deviates from the guidelines, the court's finding shall state the amount of support that would have been required under the guidelines, if determinable. The court shall include the reason or reasons for the variance from the guidelines. (750 ILCS 5/505)
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4. Will your state establish support orders for prior periods of support? If yes, please describe (for example, from the birth of the child, from date of separation, prenatal expenses, five years retroactive).
Yes. Support may be established back to the date of birth in a parentage case or back to date of separation in an abandonment case. In a parentage action brought within 2 years after a child's birth, the judgment or order may direct either parent to pay the reasonable expenses incurred by either parent related to the mother's pregnancy and the delivery of the child. (750 ILCS 5/505 (Illinois Marriage and Dissolution of Marriage Act); 750 ILCS 46/802 (Illinois Parentage Act of 2015); and 305 ILCS 5/10-10, 10-11 and 10.11.1 (Illinois Public Aid Code). However, the IV-D Agency does not seek costs related to the mother's pregnancy and the delivery of the child.
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4.1. What information or documentation does your state require to proceed with establishing support for prior periods?
1. Father's prior knowledge of circumstances of the child's birth. 2. Father's prior willingness or refusal to help raise. 3. The extent to which the mother or public agency that bring the action previously informed the father of the child's needs or attempted to seek or require his help in raising or support in raising the child. 4. Reasons the mother or public agency did not file the action earlier. 5. The extent to which the father would be prejudiced by the delay to bring the action. (750 ILCS 46/802)
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4.2. Will your state allow a petition for support for a minor child when the only issue is retroactive support?
Yes.
4.3. If there are limitations upon your state's ability to establish support for prior periods, specify those limitations.

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5. Does your state require that a custodial party, who is not a biological parent, have legal custody of a child before establishing an order for support when public assistance is being expended?
Yes. It is preferred (except for Cook County where it is always required) that the custodial party has a custody order or other formal guardianship document that awards custody of the child(ren) to him/her. In the absence of a guardianship document, Illinois CSS will proceed (except for Cook County) with documents, such as school records, doctor statements, etc. that can be used as evidence of change of custody. When these documents are utilized, it is necessary to contact the custodial parent.
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5.1. What about when public assistance is not being expended?
Yes. It is preferred (except for Cook County where it is always required) that the custodial party has a custody order or other formal guardianship document that awards custody of the child(ren) to him/her. In the absence of a guardianship document, Illinois DCSS will proceed (except for Cook County) with documents, such as school records, doctor statements, etc., that can be used as evidence of change of custody. When these documents are utilized, it is necessary to contact the custodial parent.
6. When your state has issued an order that reserves support, and now child support should be ordered, does your state require establishment or modification?
This may vary by jurisdiction and legal representative. A Petition to Establish, Modify, or Set may be requested.
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7. When there is an existing support order between the parents of a child and the child's residence changes from one parent to the other, does your state require that the new custodial parent obtain legal custody before child support is addressed? Please describe.
No, it is preferred that the custodial party has a custody order or other formal guardianship document that awards custody of the child(ren) to him/her. In the absence of formal custody or guardianship documents, documentation of the child/ren's physical residence must be provided. If such records are provided, the custodial parent must be contacted to verify the change of change of custody. Regardless of the method of proof, redirection of payments is not appropriate when a custody change occurs. A new court action is required to establish support payable to the new CP from the former CP.
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7. Income Withholding

1. What are specific sources of income 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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2. Does your state law adopt the federal Consumer Credit Protection Act (CCPA) income withholding limits? Please provide the statutory citation.
Yes, (750 ILCS 28/15 (d)), (89 Illinois Administrative Code 160.75 (i))
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2.1 Does your state have policy or procedures allowing the agency to use lower limits than the CCPA?
Illinois will not withhold more than 50%. Illinois instructs the employer, income withholder, or payor to withhold up to 50% of the obligor's disposable income if the full amount of support ordered cannot be withheld.
3. Does your state charge any fees to the noncustodial parent that the employer must withhold and remit to the state? If yes, please explain.
If the noncustodial parent has a past due balance, a delinquency fee may be withheld and applied to the past due balance. Illinois does not charge any fees for withholding.
4. Is an employer required to begin withholding after the date of service, receipt, or mailing of an income withholding order?
Withholding is to begin no later than the next payment of income payable or creditable to the obligor that occurs 14 days following the date the income withholding notice was mailed, sent by facsimile or other electronic means, or placed for personal delivery to, or service on the payor. The payor must pay the amount withheld to the State Disbursement Unit within 7 business days after the date the amount would (but for the duty to withhold income) have been paid or credited to the obligor. (750 ILCS 28/35(a))
5. What are your state’s sanctions for 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(a))
6. What are the penalties 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(a)) Other penalties provided (750 ILCS 28/50).
7. Does your state allow other jurisdictions to send income withholding orders for unemployment insurance (UI) benefits directly to your state’s UI agency? If yes, please explain your process and include any additional required documents.
No. Other jurisdictions should send documents to Illinois for registration and ask Illinois to enforce for UIB only. The Illinois Central Registry Unit will handle as a limited-service case to only do UIB offset.
7.1 If no, what is your state’s process to aid the other jurisdictions in withholding UI benefits? Please describe and include the required documents.
The other state should send a request for assistance regarding UI benefits via an intergovernmental referral. Transmittal and documents for a registration referral (i.e., certified order(s), registration statement and sworn statement of arrears) are required.
8. Does your state allow other jurisdictions to send income withholding orders directly to a noncustodial parent’s financial institution in your state? If yes, please explain your process and include any additional required documents.
Yes, it appears to be permitted under UIFSA. (750 ILCS 22/901) Request from other state (OCSE Transmittal 3) Illinois Department may register and enforce. Code of Civil Procedure (735 ILCS 5/12-652).
8.1 If no, what is your state’s process to aid the other jurisdiction in collecting from a financial institution? Please describe and include the required documents.
9. How does a noncustodial parent contest an income withholding in your state?
File a petition with an Illinois tribunal.
10. When your state is enforcing an order and receives payment through income withholding that is not enough to cover the full amount ordered, how does your state apply the payment to the types of support (for example, current, arrears, medical, spousal support, other)? Please describe and provide the statutory citations, if appropriate.
Income available for withholding shall be applied first to the current support obligation, then to any premium required for employer, labor union, or trade union-related health insurance coverage ordered under the order for support, and then to payments required on past-due support obligations. If there is insufficient available income remaining to pay the full amount of the required health insurance premium after withholding of income for the current support obligation, then the remaining available income shall be applied to payments required on past-due support obligations. (750 ILCS 28/35 (c)).
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11. Do you send IWOs to employers for independent contractors? If yes, do you have a special process for determining the amount to withhold?
Effective January 1, 2024 Public Act 103-0343 amended the Unemployment Insurance Act including an individual under an independent contractor arrangement in the definition of "newly hired employee”. (820 ILCS 405/1801.1(D))

8. Distribution

1. Does your state pass through collections (and disregard collections for Temporary Assistance for Needy Families (TANF) eligibility purposes) in current assistance cases? If yes, provide the amount and explain.
Yes, effective January 1, 2023, in accordance with PA 102-1115, the Department no longer retains child support collected on behalf of a family, and the full amount is passed through to the family.
2. Does your state participate in the pass-through in former assistance cases? If yes, provide the date and explain.
Yes, effective January 1, 2023, in accordance with PA 102-1115, the Department no longer retains child support collected on behalf of a family. Instead, the full amount of child support collected is passed through to the family. This includes passing through payments that are collected and applied to child support balances on former assistance cases.
3. In former assistance cases, are federal income tax refund offset payments applied to families first (DRA distribution) or state arrears first (PRWORA distribution)?
Effective January 1, 2023, in accordance with PA 102-1115, the Department no longer retains child support collected on behalf of a family. This includes payments collected through the federal income tax refund program. Instead, the full amount of child support collected is passed through to the family.
4. How does your state distribute payments when the noncustodial parent has arrears due to your state and another state?
Not Applicable. Effective January 1, 2023, in accordance with PA 102-1115, the Department no longer retains child support collected on behalf of a family. Balances owed to Illinois were shifted to balances owed the client.
4.1. If there are no arrears due to your state, how does your state distribute payments when the noncustodial parent has arrears due to multiple states?
On a proportionate basis for multiple states.
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9. Enforcement

1. What data matches (for example, financial institution, state lottery) and enforcement remedies are available through Automated Administrative Enforcement in Interstate Cases (AEI) in your state? (See AT-08-06: Implementing Section 466(a)(14) of the Social Security Act, High-Volume, Automated Administrative Enforcement in Interstate Cases.)
Data matches are made with OCSS, Property Tax Report, SSA, CSLN, MSFIDM, FIDM; State Benefits, State Lottery, State Income Tax Refund Intercept, Professional License, Occupational License, Recreational License, and Gaming.
2. What criteria must be met, and in addition to Transmittal #3, what documentation does your state require to proceed with an AEI request?
The cases must meet the same eligibility requirements as an intrastate case (e.g., the amount owed, legal interest in the asset, etc.). Information contained in Child Support Enforcement Transmittal #3 as well as documentation supporting the request (e.g., Court Order for enforcement, payment records, balance due, etc.)
3. What are your state's criteria for reporting a noncustodial parent's child support information to credit bureaus?
This enforcement is currently paused and is not being utilized. On 7/14/2023, the CRA Exemption Request was approved; approval is for 5 years at which time another exemption request can be submitted. Prior to the pause, CSS provided NCP names, unique identifying data, and limited balance information to two major credit reporting agencies (CRAs) when the past-due amount owed per docket was at least $2,500.00.
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4. To which credit bureaus does your state report a noncustodial parent's child support information?
Prior to the 7/14/2023 pause, Illinois reported the information to Experian and Innovis.
5. Is the method for credit bureau reporting judicial, administrative, or both?
The method is administrative.
6. Can a noncustodial parent who no longer has a past-due account have the report removed from the credit bureau? If so, what must the noncustodial parent do?"
If the non-custodial parent pays the past-due amount below $2500 on a submitted docket, then the CRA's are notified to delete the NCP's debt from their credit information.
7. When your state is the responding state, does it submit past-due cases to OCSS for federal administrative offset? If yes, what is the minimum required past-due amount?
Yes, submittals require a minimum dollar amount of $25.00 and is at least 30 days delinquent before submitting for administrative offset.
8. When your state is the initiating state, does it submit past-due cases to OCSS for federal administrative offset? If yes, what is the minimum required past-due amount?
Yes, submittals require a minimum dollar amount greater than $25.00 and at least 30 days delinquency before submitting cases for administrative offset.
9. When your state is the responding state, does it submit past-due cases to OCSS for insurance match? If yes, what is the minimum required past-due amount?
No.
10. When your state is the initiating state, does it submit past-due cases to OCSS for insurance match? If yes, what is the minimum required past-due amount?
No.
11. When your state is the responding state, does it submit past-due cases to OCSS for MSFIDM? If yes, what is the minimum required past-due amount?
In order to do a FIDM/MSFIDM lien, non-custodial parents must have a past due amount of at least $1,000.00. This balance does not include any amount due in current support.
12. When your state is the initiating state, does it submit past-due cases to OCSS for MSFIDM? If yes, what is the minimum past-due amount?
In order to do a FIDM/MSFIDM lien, non-custodial parents must have a past due amount of at least $1,000.00. This balance does not include any amount due in current support.
13. When your state is the responding state, does it submit past-due cases to OCSS for passport denial?
Yes.
14. Are the financial institution attachment procedures in your state judicial, administrative, or both?
Our bank liens are served to Financial Institutions administratively.
15. Are there specific account types exempt from the administrative financial institution attachment process in your state? If yes, which account types are exempt?
Yes. The following accounts are exempt for liens: IRA accounts, ERISA accounts, Health Savings accounts and Loans.
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16. Is the financial institution attachment process in your state centralized and/or automated?
No. Our liens are served manually to Financial institutions after we have researched the case and made sure it has met all the requirements for a lien to be served. We fax, email, or mail liens.
17. What are the criteria to attach an account in a financial institution in your state?
Minimum amount of $300 in the financial account.
18. Does your state's law require financial institutions doing business in your state to accept enforcement actions directly from other states? If yes, provide the statutory citation. Please explain.
Yes, Code of Civil Procedure (735 ILCS 5/12-652) (Full Faith and Credit). Illinois Enforcement of Foreign Judgments Act (735 ILCS 5/12-650-657).
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19. If there are no statutory criteria required to attach an account, describe the process for requesting a financial institution attachment from another child support agency (for example, a Transmittal #3) and list additional documentation required.
Request to Illinois to enforce lien. OCSE Transmittal 2, if there's an existing case. OCSE Transmittal 3, if a one-time request.
20. Does your state's income withholding definition include amounts in financial institutions?
Yes, contains a generalized statement that "interest, any other payments, made by any person, private entity, federal or state government, any unit of local government, school district or any entity created by Public Act".
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21. Does your state require sending a notice of intent to the noncustodial parent when attaching an account in a financial institution? Who notifies the noncustodial parent - the state, the financial institution, or both?
Yes, both.
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22. How long does the financial institution have to hold funds before sending the noncustodial parent's assets to your child support agency?
Five (5) calendar days (after being served with a notice to surrender by the Department, after the 15-calendar day appeal period has expired (provided no appeal has been filed). Our liens are valid for 120 days. If the Financial Institution does not receive anything from us in the 120 days after serving the lien, they can legally release the lien and return the funds back to the customer. However, it is customary for us to either send a Surrender Notice, Discharge Notice, or a Notice of Stay before the 120 day time period has expired. (89 Illinois Administrative Code 160.70(f)(2)(D)(ii)).
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23. Does your state law or policy require the financial institution and/or state to hold the attached assets during the challenge or appeal time frame? If yes, provide the statutory citation and time frames.
Yes, a Notice of Stay-Pending Hearing is sent to the financial institution that tells them that the 120-day freeze period has stopped running-hold funds until hearing has been resolved. (89 Illinois Administrative Code 160.70)
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24. What amount or percentage of the noncustodial parent's financial assets are eligible for attachment? Is this different for joint accounts? Please explain.
No limit. Not different for joint accounts.
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25. What are the criteria for an obligor or joint account holder to contest a financial institution attachment?
The account holder may file an appeal within 15 days of receiving the Notice of Lien. Any joint owner of an account or personal property on which HFS has placed a lien has 15 days from the mailing date of the Notice of Lien to request an appeal hearing. If the joint owner of an account or personal property was not sent a Notice of Lien from HFS, they have 45 days from the date of the levy/lien to request an appeal hearing. The Department proceeds in accordance with 89 Illinois Administrative Code 104.103 upon receipt of a written request for an appeal.
26. Does your state have procedures to liquidate non-liquid assets (for example, stocks, bonds, etc.)? If yes, provide the statutory citation and the procedures to follow.
Not Administratively. However, the Court has the authority to liquidate non-liquid assets (735 ILCS 5/2-1402). Illinois sends a PRO-RATA letter with our Surrender notices for banks that are holding any stocks, bonds, etc., and that allows them to send the funds to us.
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27. What are your state's criteria for driver's license revocation/suspension for nonpayment of support?
The non-custodial parent must have a past due balance of $2500, no voluntary payments in the last 90 days, and a valid IL driver’s license.
28. What are your state's criteria for driver's license restoration/reinstatement, including hardship exemptions?
Entry into a satisfactory payment plan and receipt of agreed downpayment.
29. Does your state allow temporary or conditional driver's licenses? If yes, what are the criteria?
Yes. If the non-custodial parent’s driver's license is suspended, the agency can grant three types of driving permits: work, medical, or a permit to allow an unemployed person seek employment. (Public Act 095-0685, 305 ILCS 5/10, 89 Ill. Admin. Code 160.70 and the Illinois Vehicle Code (625 ILCS 5/6).
30. What are your state's criteria for professional license revocation/suspension for nonpayment of support? Specify the professional license types.
At least $1000 owed in past-due support, no voluntary payments in the last 90 days, has failed to comply with a subpoena or warrant in a paternity of child support proceeding. Applies to Professional, Occupational or Recreational licenses.
31. What are your state's criteria for professional license restoration/reinstatement, including hardship exemptions?
Entry into a satisfactory payment plan and receipt of agreed downpayment.
32. Does your state allow temporary or conditional professional licenses? If yes, what are the criteria?
No.
33. What are your state's criteria for recreational license revocation/suspension for nonpayment of support? Specify the recreational license types.
The non-custodial parent must have a past due balance of $1000 for denial of hunting and fishing license.
34. What are your state's criteria for recreational license restoration/reinstatement, including hardship exemptions?
Entry into a satisfactory payment plan and receipt of agreed downpayment.
35. Does your state allow temporary or conditional recreational licenses? If yes, what are the criteria?
No.
36. What are the criteria for initiating/filing a lien in your state?
The trigger criteria for filing a lien is $1,000.00 arrearage for financial institution accounts and lump sum; $3,500.00 for real property. For bank liens, the initiating state will serve the notice of lien directly to the financial institution. If the financial institution is unwilling to cooperate, please send a limited-service request (including court order, payment record, and confidential information) page to IL Central Registry. 89 Administrative Code 160.70
37. Is the lien process in your state primarily judicial, administrative, or both? Please describe.
Procedurally, liens may be done administratively or judicially. For the administrative remedies process (e.g., liens), Illinois IV-D policy requires arrears of $1,000.00 or more for financial institution accounts or lump sums and $3,500.00 for real estate. In order to do a FIDM/MSFIDM lien, NCP must have at least $300.00 in an account.
38. Does your state enforce property seizure and sale? If yes, is this process primarily judicial, administrative, or both? Please describe.
No.
39. Does your state have state income tax refund offset as an enforcement remedy? If yes, describe whether the process for this remedy is primarily judicial, administrative, or a combination.
Yes, 89 Illinois Administrative Code 160.70(b).
40. Does your state intercept lottery or other types of gaming/gambling winnings in your state? If so, what kind of winnings are included?
Yes. The state can intercept lottery/scratch off winnings, as well as winnings from Illinois gambling facilities (casinos, racetracks and advanced deposit wagering). Sections 27.2 and 34.2 of the Illinois Horse Racing Act of 1975 (230 ILCS 5/27.2 and 5/34.2), Sections 13.05 and 13.2 of the Riverboat Gambling Act (230 ILCS 10/13.05 and 10/13.2), Section 10-17.15 of the Illinois Public Aid Code (305 ILCS 5/10-17.15) and 89 III. Adm. Code 160.70
40.1 If yes, is this enforcement judicial, administrative, or both?
Administrative
41. What other administrative enforcement procedures are available in your state that are not otherwise described in the IRG?
Enforcement remedies are provided for in 305 ILCS 5/10-1 et seq & Illinois Administrative Code Section 160.70
42. What other judicial enforcement procedures are available in your state that are not otherwise described in the IRG?
Enforcement remedies are provided for in 305 ILCS 5/10-1 et seq & Illinois Administrative Code Section 160.70

10. Modification And Review/Adjustment

1. How frequently does your state conduct order reviews in IV-D cases (for example, every year or every three years)? (See 45 CFR 303.8.)
Cases qualify for reviews every 36 months. A party may request a modification review earlier than every 36 months upon a showing of a substantial change in circumstances. 750 ILCS 5/510
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2. What is your state's modification procedure? Briefly describe.
All IV-D participants are sent notice of their right to request a modification review without proof of a change in circumstances at least once every three years after order establishment or their last modification review. All cases associated with the NCP that contain a support order are noticed of the modification review. Upon request of either parent, the Department will review support award amounts and/or medical support provisions of the order. For reviews conducted less than three years from the most recent order establishment, modification, or last modification review, a substantial change in circumstances must be shown to warrant modification. Change of circumstances in these cases can be established if a review indicates inconsistency of at least 20%, but no less than $10 per month, whichever is greater.
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3. What are the criteria for modification under your state's guidelines (for example, a change that is more than $50 or 20% upward or downward from the current amount ordered)?
Upon a showing of an inconsistency of at least 20%, but no less than $10 per month, between the amount of the existing order and the amount of child support that results from application of the guidelines or upon a showing of a need to provide for the healthcare needs of the child.
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4. Which of the following criteria for demonstrating a change in circumstances apply for modifying an order?

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4.1. The earnings of the noncustodial parent have substantially increased or decreased.
Yes
4.2. The earnings of the custodial parent have substantially increased or decreased.
Yes.
4.3. The needs of a party or the child(ren) have substantially increased or decreased.
Yes
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4.4. The cost of living has changed.
Yes
4.5. The child(ren) has extraordinary medical expenses not covered by insurance.
Yes
4.6. There has been a substantial change in childcare expenses.
Yes
4.7. What other criteria does your state use for demonstrating a change in circumstances for modifying an order?
At least 36 months have elapsed since establishment, modification or last modification review or obligor's income/support amount or no medical insurance ordered or request for review received from client, obligor/obligee or other state or case was previously selected for review but closed because there was no employer Automatic referrals consider whether there was assignment of support rights to the state by a TANF recipient. Notice must be provided.
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5. Does your state have a cost of living adjustment (COLAs) for orders? If yes, what index does your state use? (See 45 CFR 303.8(b)(1)(ii).)
No.
6. After learning that a parent who owes support will be incarcerated for more than 180 calendar days, does your state elect to initiate a review of an order without the need for a specific request, i.e., automatically? (See 45 CFR 303.8(b)(2).)
A notice is manually sent to incarcerated NCPs to advise them their child support order may be eligible for a review. The Department will initiate a modification after being made aware of an individual’s incarceration exceeding 180 days. A specific request is not required.
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7. If a child’s family SSD benefit paid directly to the CP is less than the child support, does the above situation qualify as a change of circumstance for a review and adjustment?
No. If the allotment is less than the current order for support, the order will be changed to reflect the difference, and an IWO will be served to collect that amount.
8. Does your procedure require a request from a party to review an order in an IV-D Non-Public Assistance case? If yes, must the party sign the request?
Yes. If a modification review is requested, the requesting party must complete and send back all paperwork and requested documentation.
9. Can the IV-D agency initiate a review in an IV-D Non-Public Assistance case without a request from the party (for example, based on data from automated sources that the parent is receiving unemployment or SSI)?
If the agency is made aware SSI benefits are being received by a non-custodial parent, the agency will first verify the receipt of SSI. If SSI is confirmed, we will initiate case closure as the court order cannot be enforced (5 CFR § 581.104). If the non-custodial parent is receiving UIB, a review is not done without a request from the party.

11. Lump Sum Payments

3. How does your state attach different types of lump sum payments? For example, does your state use the OMB-approved income withholding order for employer-issued bonuses, a lien, and levy notice for workers' compensation (if workers' compensation is considered a lump sum payment in your state), etc.?
Illinois uses the Lien Process to attach non-wage lump sum payments. Forms include a Notice of Lien, Notice of Lien-Real Estate, Notice of Lien-NCP, Notice of Lien Lump Sum, and Notice of Lien-Financial, to attach non-wage lump sum payments.

12. Cost Recovery And Fees

1. Does your state elect to recover costs in excess of any fees collected to cover administrative costs in your child support state plan? (See section 454(6) of the Social Security Act and 45 CFR 302.33(d).) If yes, does your state collect excess actual or standardized costs on a case-by-case basis? Please describe.
NO.
1.1. If yes, does your state recover costs from the custodial parent or the noncustodial parent? (Note: No costs can be assessed against a foreign custodial parent applying through a Central Authority in a Hague Convention country, a foreign reciprocating country, or a foreign country with state-level reciprocity.)
Not applicable
2. Does your state recover costs on behalf of an initiating state that has elected to do cost recovery? If yes, describe.
Yes, certain costs may be recovered upon request.
3. How does your state impose and collect the mandatory $35 annual fee (after collecting the first $550)? This fee is applicable in IV-D cases in which individuals who never received IV-A assistance are receiving IV-D services. (See 45 CFR 302.33(e).) See options below.
Illinois pays the fee which is collected from state funds.
3.1. Is it retained by the state from support collected?
No.
3.2. Is it paid by the individual applying for child support services?
No.
3.3. Is it recovered from the noncustodial parent?
No.
3.4. Is it paid by the state out of its state funds?
Yes.

13. Insurance Match

1. Does your state have legislation requiring insurance companies to work with child support agencies to identify claimants who owe past-due child support? Describe the requirements and provide the statutory citation. How does your state allocate payments when there is more than one claim against the noncustodial parent's income? Should the payment be divided equally or pro-rated among the cases? (See 45 CFR 303.100(a)(5).)
No, Not applicable
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2. What criteria must a noncustodial parent meet to be eligible for your state’s participation in the federal insurance match program?
The monetary threshold is obligor owes $1,000.00 or more in past due child support.
3. What process does your state use to intercept insurance payments?
Notice of Lien.
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4. How does another state initiate and intercept collections from your state’s workers’ compensation agency?
If another state wants us to collect on worker compensation, they will have to open a case in IL (UIFSA) with a request for enforcement of child support order, supplying Illinois with enforcement documentation information to ensure worker compensation claim can be processed.
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5. Does your state participate in the Child Support Lien Network or CSLN (which provides insurance match services)?
Yes, on a case-by-case basis.

14. Family Violence


15. CSENet

1. When your state is the initiating state, does it send a Child Support Enforcement Network (CSENet) case closure transaction to let the responding state know your state has closed its case (including the reason for closure) and/or the responding state's intergovernmental services are no longer needed? (MSC P GSC15; 45 CFR 303.7(c)(11).)
Yes.
2. When your state is the responding state, does it send a CSENet case closure transaction to notify the initiating state that its case is closed based on one of the following reasons: (MSC P GSC16)? Initiating state failure to take an action essential for the next steps? (45 CFR 303.11(b)(17).) The initiating state requested the responding state to close the case? (45 CFR 303.7(d)(10).)
Yes.
3. When your state is the initiating state, does it send a CSENet case closure transaction to notify the responding state that it must stop any income withholding orders or notices and close the intergovernmental case? (MSC P GSC17; 45 CFR 303.7(c)(12).)
Yes.
4. When your state is the responding state, does it send a CSENet case closure transaction to notify the initiating state that, per its request, the case is closed, and your state has stopped its income withholding order? (MSC P GSC18; 45 CFR 303.7(d)(9).)
Yes.
5. Does your state send CSENet transactions to request interest information? (MSC R GRINT)
Yes, when applicable.
6. Does your state send CSENet transactions to provide another state with interest and arrears information? (MSC P GSTAI)
Yes, when applicable.

16. Copies Of Orders And Payment Records

1. What are the procedures and associated costs for obtaining a certified copy of a court order?
States must submit a request through a Child Support Enforcement transmittal #2 or #3. Per 705 ILCS 105/8, order may be certified electronically and provided to the Agency electronically. There are no associated costs if the documents are provided by the IV-D Agency
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2. What are the procedures and associated costs for obtaining a certified payment record?
States must submit a request through a Child Support Enforcement transmittal #2 or #3. There are no associated costs if the documents are provided by the IV-D Agency. (89 Ill. Admin. Code 160.200 (g)(4-6))
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17. Uniform Interstate Family Support Act (UIFSA)

1. What is the statutory citation for your state's enactment of UIFSA?
The statutory citation is (750 ILCS 22/).
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2. How does your state define the tribunal (See UIFSA 103)?
"Tribunal" means a court, administrative agency, or quasi-judicial entity authorized to establish, enforce, or modify support orders or to determine parentage of a child. (750 ILCS22/102 (29))
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3. How many copies or sets of documents does your state need for an intergovernmental case referral that is not sent electronically?
Non electronic referrals require one copy or set of intergovernmental forms in a one-sided format. This is necessary for our legal partners and for E-filing.
4. Does your state require initiating states to send intergovernmental forms in a one-sided format (when sending paper copies)?
Yes.

18. International - Reciprocity

1. With which foreign countries or other jurisdictions (such as Quebec) does your state have state-level reciprocity for child support? (Do not include federal foreign reciprocating or Hague Convention countries.)
Mexico, Canada and Germany
2. Does your state exercise its option for enforcement of spousal-only orders for a foreign reciprocating country, a Hague Convention country, or a foreign country with which your state has state-level reciprocity? (See section 454(32)(B) of the Social Security Act.)
NO.
3. Does your state agency accept direct applications for services from individuals residing outside the United States (See UIFSA 307 - Alternative A), or does your state's law allow discretion in accepting these applications (See UIFSA 307 - Alternative B)?
Yes.

19. International Information For Hague Convention Countries

1. When a Hague Convention country seeks registration of a Convention support order in your state, does your state allow the country to send an abstract (or summary) of the order on the Hague Abstract of a Decision form in lieu of the complete text? (See UIFSA 706(b) (1).)
The State of Illinois cannot accept an abstract as our judicial representatives require the complete text.
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2. Does your state send and receive pleadings and documents electronically in international cases? If yes, specify the types of pleadings and documents your state can send and receive electronically.
Electronic means of transmittal (i.e. email and facsimile) are allowed under UIFSA and Hague policies, so all documentation can be sent/received by those means. However, certified orders may be requested via postal mail if the validity of the document is being questioned.
3. What methods of personal service does your state use?
Except as otherwise expressly provided, service of summons upon an individual defendant shall be made (1) by leaving a copy of the summons with the defendant personally, (2) by leaving a copy at the defendant's usual place of abode, with some person of the family or a person residing there, of the age of 13 years or upwards, and informing that person of the contents of the summons, provided the officer or other person making service shall also send a copy of the summons in a sealed envelope with postage fully prepaid, addressed to the defendant at his or her usual place of abode. (735 ILCS 5/2-203).
4. When establishing a child support order, what can be included as add-ons to the child support guideline amount? Please provide the relevant statutory or case law citation. (See also question 1 under Support Details.)
Deviations may be determined by the Tribunal. Additional support amounts may be ordered for Medical Insurance Premiums, but this would not be included in the guideline amount. (750 ILCS 5/505) and (750 ILCS 46/802)
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5. Does your state encourage amicable solutions between parents to promote voluntary payment of support, such as the use of mediation, conciliation, or similar consent processes? If yes, describe.
Yes, To the extent resources are available, processes that encourage amicable resolution of issues between parents may be used. Resources are not available statewide, and approaches vary where resources are available.
6. What circumstances will cause your state to end child support before the normal duration?
Death of the child that is the subject of the support order; agreement of the parties; Court Order. Early emancipation Nothing in the relevant Illinois statute shall be construed to prevent the court from modifying the order or terminating the order in the event the child is otherwise emancipated. Emancipation of a minor can be recognized per court order, marriage, or military enlistment. Early emancipation laws in Illinois are governed by the Emancipation of Minors Act in Illinois statute 750 ILCS 30/. This Act outlines the criteria and legal process for minors aged 16 or 17 to become emancipated before reaching the age of majority. (750 ILCS 5/505(g), (750ILCS 46/802(l), and (750 ILCS 30/).
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20. International Payments

1. How does your state disburse child support payments to foreign reciprocating and Hague Convention countries when your state is the responding state in a case?
CSS converts the foreign currency payment to U.S. currency. Payments are sent by the Illinois Comptroller via paper check.
2. What actions does your state take to reduce the costs and fees associated with international payment processing?
Illinois does not currently bundle the payments to reduce the cost for payments that we send outside the U.S.
3. Does your state accept electronic payments from foreign reciprocating or Hague Convention countries in international cases? If so, provide payment instructions.
Yes, the non-custodial parent contacts that State Disbursement Unit (SDU) and gives the SDU their banking information. The SDU gives this information to their foreign financial institution, who then wires the transfer of funds to the SDU.
4. Does your state send international payments to participating foreign authorities via OCSS’ Central Authority Payment Service? If yes, please list which foreign authorities.
Yes. Slovakia, Sweden, Austria, Portugal, Czech Republic, Germany, Switzerland, Latvia, Canada, Australia, United Kingdom.

21. Tribal Non IV-D

1. Has your state established cooperative arrangements with any Indian tribes or tribal organizations that don't have a tribal IV-D program?
No.
1.1. If yes, list the tribes and identify services provided, if less than full services.
Not Applicable
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2. Does your state have any IV-D attorneys licensed to practice in the courts of Indian tribes or tribal organizations that don't have tribal IV-D programs?
No

22. Employer Services

1. Does your state require electronic payments? If yes, provide your state statutory citation.
Yes, employers in IL with 250 or more employees or fewer than 250 employees and paying on 10 or more child support orders must remit their payments electronically.
2. What is your state's SDU bank name?
The SDU bank is Bank of America.
3. What is your state's SDU vendor name?
Conduent State and Local Solutions, Inc. - collections and disbursements
4. What is your state's web-based payment service for employers?
Web-based payment service: ExpertPay (free to employers) Phone: 800-403-0879 E-mail: customer.service@expertpay.com Website: www.expertpay.com Free software offered to employers for e-payments
5. What is your state's web-based payment service for noncustodial parents?
Payments for an IL docket can be made online at Expertpay.com. If the court order is not an IL order, payments must be remitted to the IL State Disbursement Unit via check or money order, or, sent via PayPal, MoneyGram, Google Pay, or Apple Pay.
6. Does your state accept credit card payments? If yes, who does your state accept credit card payments from?
Yes, credit card payments are accepted from Visa, Master Card, and Discover.
7. How does your state accept card payments?
Credit card payments can be made online on ExpertPay.com or by phone 1-866-645-6347.
8. Are there fees associated with the credit card payments?
There is a 2.95% convenience fee for credit card payments.
9. Does your state have other payment options?
Yes. Payments can be made to the IL State Disbursement Unit via check or money order. Payments can also be made through MoneyGram, PayPal, Google Pay, and Apple Pay.
10. How many days following the first pay period after service, receipt, or mailing of an income withholding order is an employer required to begin withholding?
1st payday after receipt
11. When must an employer remit amounts withheld from an employee's pay?
7 business days; if remitting for 10 or more employees OR if have 250 employees or more (do not all have to be in IL) and remitting for 1 or more, must send payments ELECTRONICALLY
12. When calculating disposable income for child support purposes, what are the mandatory deductions from gross income required by state law, such as union dues or medical insurance premiums?
Federal, state, and local taxes and other retirement and disability contributions required to be withheld by law, FICA, union dues and amounts exempted by the federal Consumer Credit Protection Act
13. What is your state's priority for withholdings?
Current support, health insurance premiums, arrears
14. Does your state law adopt the federal Consumer Credit Protection Act (CCPA) income withholding limits? Provide the statutory citation.
No withholding limits aside from those established Federally.
15. What are the withholding limits for non-employees?
Assuming the payment represents income to the individual as defined by 750 ILCS 28/15(d), then Illinois instructs the employer, income withholder, or payor to withhold up to 50% of the payment, if the full amount of support ordered cannot be withheld.
16. How does your state allocate payments when there is more than one claim against the noncustodial parent's income? Should the payment be divided equally, or prorated among the cases? (See 45 CFR 303.100(a)(5).)
Prorate
17. When does your state require employers to send notice of an employee's termination?
7 days after termination
18. How long should an employer retain the order after the employee's termination?
No law or policy
19. What is the maximum fee for the administrative cost that an employer may charge for processing income withholding orders? (45 CFR 303.100 (e)(iii))
$5 per month
20. Provide your state's statutory citation.
750 ILCS 28/35
21. Does your state have a definition of a lump sum or bonus? Provide the statutory citation. (Note: States may define "lump sum" more broadly than only employer-related lump sums.)
Yes
22. Does your state law require employers to report lump sum payments? If yes, provide the statutory citation or rule.
Yes, 750 ILCS 28/35, 750 ILCS 28/15 and 305 ILCS 5/10-3.1
23. Does your state have a threshold amount for a lump sum to be reported?
N/A
24. Does your state citation or rule provide how long the employer must hold the lump sum?
N/A
25. Is the Income Withholding Order (IWO) used for lump sums?
No
26. How does your state attach different types of lump sum payments? For example, does your state use the OMB-approved IWO for employer- issued bonuses, a lien, and levy notice for workers' compensation (if workers' compensation is considered a lump sum payment in your state), etc.?
Notice of Lien - HFS s/b 237 (R-9-11)
27. If the lump sum is earnings as defined by the CCPA, does your state limit the withholding to a greater degree than the CCPA limitation?
No
28. If the lump sum is not earnings as defined by the CCPA, does your state limit the withholding/attachment?
Although it is not a requirement, as a general rule IL takes 50% of any lump sum payment made by an employer, up to the amount of the delinquency whether or not it is "earnings".
29. What is your state's Medical Support Statute?
750 ILCS Section 28/22 750 ILCS Section 5/505.2 750 ILCS Section 5/505(a)(4)
30. What is your state's Reasonable Cost Definition?
"Reasonable Cost" is defined by our state statute. The definition is: A reasonable cost for providing health insurance coverage for the child may not exceed 5% of the providing parent's gross income. Parents with a net income below 133% of the most recent United States Department of Health and Human Services Federal Poverty Guidelines or whose child is covered by Medicaid based on that parent's income may not be ordered to contribute toward or provide private coverage, unless private coverage is obtainable without any financial contribution by that parent. 750 ILCS Section 5/505(a)(4)(G)
31. What is the Health Coverage Expense?
750 ILCS Section 28/22 750 ILCS Section 28/35 the employee's total cost of health coverage for the employee and child(ren), whether the employee is already enrolled or not
32. What is the Income Withholding Limits for Support?
750 ILCS 28/15(d) 15 USC 1671 303(b) No withholding limits aside from those established federally. Assuming the payment represents income to the individual as defined by 750 ILCS 28/15(d), then Illinois instructs the employer , income withholder, or payor to withhold up to 50% of the payment, if the full amount of ordered support cannot be withheld.
33. What is the Priority of Withholding?
750 ILCS 28/35(c) Income available for withholding shall be applied first to the current support obligation, then to any premium required for employer, labor union, or trade union-related health insurance coverage ordered under the order for support, and then to payments required on past-due support obligations. 1 current support 2 health insurance premiums 3 arrears
34. What is the priority of health coverage if the income withholding limit is less than the total costs of ordered coverage?
750 ILCS 28/35(c) Income available for withholding shall be applied first to the current support obligation, then to any premium required for employer, labor union, or trade union-related health insurance coverage ordered under the order for support, and then to payments required on past-due support obligations.
35. According to 45 CFR §303.32(a), what are your state options?
Only the non-custodial parent
36. What does your state do if an employee contests 45 CFR §303.32(c)(5)?
A non-custodial parent who believes he/she is the wrong individual should mail documentation such as, copy of SSN card, Driver's License, or Birth Certificate to HFS, Attention: Identity Verification Unit, P.O. Box 19405, Springfield, IL 62794-9967 or they can securely converse with the Identity Verification Unit via this secure email address: HFS.DCSSIVU@Illinois.gov
37. What is the reporting timeframe (non-magnetic media only)?
Within 20 days of hire date
38. What are the required data elements?
New Hire Information: Employee name, Employee address, SSN, Date of hire, Employer name, Employer address, FEIN;
39. What are the methods of transmission?
Online (state portal), Electronic reporting, Mail, Fax
40. Does your state require independent contractor reporting?
Yes