what to do in illinois if spouse is late with child support

What is the Sectionalisation of Child Support Services?

Federal law requires that states offer and provide child support services (IV-D services) to all families, not just those who receive public assistance. In Illinois, kid support services are administered past the Department of Healthcare and Family Services' (HFS) Partition of Kid Support Services (DCSS).

DCSS helps parents:

  • Locate the parent who does not live with the child(ren);

  • Legally constitute paternity (the kid'due south father) if the parents are not

married or in a civil wedlock;

  • Get an order for child support and address health insurance;

  • Collect payments on an already established child support order;

  • Change the amount of a kid support order (also known as a

modification); and

  • Collect past due kid back up payments.

DCSS cannot provide legal advice and cannot help parents:

  • Get a divorce or property settlement;

  • Thousand et or modify (modify) a custody or parenting time (visitation) order; or

  • Become an order to provide college expenses.

Who can get help from DCSS?

DCSS volition help any parent get support for a child or children.

Custodial parents/obligees who receive Temporary Assistance for Needy Families (TANF) are automatically provided with child back up services; CPs/obligees who receive Medical assist from the Department of Homo Services (DHS) are automatically offered kid support services simply must complete and return the client questionnaire to establish a kid back up instance. TANF clients must cooperate with DCSS in society to keep receiving those benefits. If public and/or medical assist benefits end, DCSS will continue to provide services unless asked to finish. Cases for custodial parents/caretakers/obligees that do not receive public assistance are chosen "non-help cases".

Parents under the historic period of xviii can apply for and receive services. However, if they are not emancipated (accept their ain household without a parent or guardian), they volition be required to bring a parent or guardian to the interview.

If the NCP/obligor lives outside the country of Illinois, including some other countries, DCSS may withal be able to assistance the CP/obligee get kid back up.

 How much do these services cost?

Illinois Child support program services are free

What needs to exist done to sign upwards for child support services?

Custodial parents/obligees who receive TANF are automatically provided child support services; CPs who receive medical help benefits are automatically offered child support services, but must complete and return the customer questionnaire to found a child support case.

Persons who exercise not receive public help can get an Application for Child Support Services (Title Four-D) by:

  1. Using the online application found at: https:// www.illinois.gov/hfs/ChildSupport/parents/ Pages/Applications.aspx

  2. Calling the Child Back up Customer Service Call Center at i-800-447-4278 (persons using a teletypewriter or TTY device may call ane-800-526-5812); or

  3. Visiting any DCSS part;

Applicants are asked to provide as much of the data requested on the application as possible. For individuals who already have a paternity, child support, parenting fourth dimension (visitation), or divorce order, information technology is very of import to send a copy of the documents with the completed and signed application to HFS/Partitioning of Kid Back up Services, NA Application Unit, PO Box 19405, Springfield, IL 62794-9405. The more than information provided with an application, the faster a example will proceed.

When an application for child support services has been received or a custodial parent/obligee starts receiving Medical Aid and returns the client questionnaire, or a custodial parent/obligee starts receiving TANF, what's next?

One time DCSS has received an application or received a example referral from the Department of Man Services, the CP/obligee volition receive a Child Support Appointment Observe or a Client Render Notice package.

The Kid Support Appointment Notice will provide the date, time, and location for an interview and the information/documents the CP/obligee needs to bring to the interview.

The Client Return Detect volition list the information/documents the CP/obligee needs to either mail or bring to the DCSS Regional Office.

The data and documents needed to procedure a instance may include but are non limited to:

  1. Both parents' full proper name, engagement of birth, accost, telephone number(south), Social Security number, photo identification, and employer'due south name and address;

  2. The child(ren)'s full proper name(s), date(s) of birth, Social Security number(s) and nascency document(s);

  3. Spousal relationship license and divorce prescript, existing paternity, child support, and parenting fourth dimension (visitation)order

What does "establish paternity" mean?

The definition of "paternity" is: "The quality or country of existence a father."

If the female parent was married or in a civil union, when the kid was born or within 300 days earlier the child was born, that person is automatically and legally presumed to be the child's father.

If the mother was not married when the child was born or within 300 days before the child was born, the man she names as the kid'due south biological father is referred to as the "alleged father". For the alleged father to be the legal father of the child:

  1. Both parents complete, sign, and accept witnessed a Voluntary Acquittance of Paternity form; or

  2. An Authoritative Paternity Guild has been entered by a state kid support agency; or

  3. An Guild of Paternity has been entered in court by a judge

An Authoritative Paternity Order or a judicial Guild of Paternity may be entered afterwards genetic testing authorized by the Department has been conducted and the alleged begetter has been concluded to be the child's biological father. Fathers may be required to pay for genetic testing.

If the parents are not married or in a civil union when their child is born, infirmary staff volition give them a Voluntary Acknowledgment of Paternity (VAP) course. Both parents tin can complete, sign, and take the VAP witnessed at the infirmary and give it to the hospital staff. The hospital can just place the father'south proper name on the nascence record if the VAP is completed, signed, and witnessed before the parents and the child leave the hospital.

The VAP can exist taken home from the infirmary and completed at a after engagement. There are instructions on the VAP for completion and mailing to DCSS.

A VAP can be completed, signed, witnessed, and filed at whatsoever fourth dimension for any child

A VAP form tin be obtained at:

  1. Whatever DCSS Regional office;

  2. The Department'south website - world wide web.childsupport.illinois.gov

  3. Any Department of Human Services office;

  4. Any County Clerk's role;

  5. Any state or local Registrar's office; or

  6. Some community organizations such as WIC Nutrient Centers (in Chicago) and Caput Beginning.

Why is it of import to found paternity?

There are a number of reasons to legally plant paternity for a child. They include, simply are not limited to:

  1. Helping to ensure a child's right to accept a relationship with his/her father and his family unit;

  2. Adding the father'south name to a child's birth certificate;

  3. Having a legal document proving the identity of a kid's father;

  4. Protecting the male parent's rights if something should happen to a kid'southward mother and she is no longer able to treat the child;

  5. Existence able to have a child added to his/her begetter's health insurance programme;

  6. Making sure a child will have access to family unit medical records that comprise information that could peradventure salve his or her life;

  7. Making it possible for a child to receive financial and emotional back up from both parents; and

  8. Making certain that a child is eligible to receive his/her father's Social Security benefits, veteran'due south benefits, pension, and/or inheritance in the result of his/her begetter's death.

What is genetic testing and how is information technology done?

Genetic tests are commonly called DNA tests or blood tests. In most instances, all the same, information technology is no longer necessary to draw blood for these tests. A simple swab of the inside of a person's mouth is all that is needed. The mother, the kid, and the alleged father must all be tested.

Just like all people accept a unique set of fingerprints, they also have a unique set of genes. Dna is found in those genes. A kid receives half of his/her genes from each parent. Therefore, a child's DNA will likewise exist institute in each of his/her biological parents' genes. If none of the child'due south genes lucifer those of the man alleged to be his/her father, that homo is ruled out (excluded) as being the kid's biological father. If the child's genes match those of the man tested, he is ruled to be the child'south biological father.

Genetic testing is very accurate. If the homo tested is not the biological father, the genetic testing results will prove that with 100% certainty. Under Illinois law, an alleged begetter is presumed to be the father of the kid if genetic test results show the alleged male parent is at least one,000 times more likely to be the kid'due south begetter than a random, unrelated man in the population and the probability of paternity is at least 99.nine%. This presumption can be overcome but by evidence showing that it is highly probably true that the alleged begetter is not the begetter of the kid.

Genetic testing can be ordered by DCSS simply if both the mother and alleged father sign an Agreement to Be Bound By the Results of Genetic Testing. If a instance goes to courtroom, however, a judge can order the mother, child, and alleged father to submit to genetic testing. In both instances, DCSS will schedule the testing.

Persons scheduled for genetic testing should bring:

  1. A re-create of the Administrative Society for Genetic Testing (issued by DCSS) or the Court Guild for Paternity Testing (ordered by the judge); and

  2. A photo ID plus one other form of identification.

Staff at the testing facility may ask that a consent form be signed giving them permission to perform the examination and send the results to DCSS.

What happens later on the genetic test results are received?

When results are received, the mother and the alleged begetter will be notified.

If the alleged father has been adamant not to exist the father of the child, DCSS will effect an Administrative Gild of Non-Paternity or the court volition issue an Exclusion Club.

If the alleged father has been determined to be the begetter of the child, an Administrative Paternity Society volition be issued past DCSS or a judicial Paternity Order will be issued by the gauge.

What happens after paternity is established?

The side by side step in the procedure is establishment of a kid support order either administratively in a DCSS role or judicially past a circuit court judge. If done administratively past DCSS, the NCP will be scheduled for an interview with a Child Support Specialist.

What can exist expected at an interview?

The Kid Support Specialist will:

  1. Inquire for photo ID;

  2. Inquire for the documents and information that were listed on the Kid Back up Appointment Discover and the forms that were sent with the notice;

  3. Review the child(ren)'s information and verify the parents' information, including employment;

  4. Ask questions that will help decide if paternity has been legally established for the child(ren); and

  5. Ask the parents to consummate paternity related forms if paternity has not been established for the kid(ren).

What if the custodial parent/obligee misses an appointment, does not provide information, or does non sign forms when requested?

Custodial parents/obligees who receive TANF and miss an appointment or do non cooperate during their child support interview or whatsoever other time during the process may lose those benefits for themselves. They may lose greenbacks help for their kid(ren) as well, but the child(ren)'s medical benefits will go on. This is called a "sanction." If sanctioned, the CP/obligee has the correct to ask for a hearing (appeal) and may be able to keep the benefits while waiting for the appeal decision. The Section of Human Services (DHS) caseworker must be contacted for more than details virtually this process.

If the CP/obligee has a not-assistance case and misses an appointment and/or does not cooperate during the procedure, the case may be closed.


If the CP/obligee has a good reason for missing an engagement she/he must contact the DHS caseworker or the DCSS Regional Role before the appointment or as soon equally possible after. If the custodial parent/obligee does this, benefits will not change.

Good reasons for missing an engagement include, merely are not limited to:

  1. The CP/obligee or child is disabled or homebound;

  2. The CP/obligee does non accept kid care or transportation;

  3. The CP/obligee or child is sick (need a letter from a doctor);

  4. The CP/obligee is hospitalized or in an establishment;

  5. The CP/obligee is temporarily in jail; or

  6. The CP/obligee has a sudden emergency or family crisis.

Are there reasons for non cooperating that are adequate?

Yes. Custodial parents/obligee who receive TANF should contact their Section of Human Services (DHS) caseworker if:

  1. The mother got significant because of rape or incest;

  2. Someone is working with them to make up one's mind if they should continue to be the caretaker for their child(ren);

  3. Their child is being adopted; or

  4. They are agape because they and/or their child(ren) have been or may become victims of domestic violence involving the NCP/obligor.

It may be necessary to present proof to support a reason for non cooperating or a "practiced crusade merits" such every bit nativity certificates, court, medical, criminal, child psychology, or law enforcement records. The DHS caseworker or the DCSS Regional Part may be able to help locate these records.

What if the custodial parent/obligee is afraid that the not-custodial parent/obligor may cause harm?

The safety of the CP/obligee and that of the child(ren) is the Department's main concern. Domestic violence occurs when a person uses physical or psychological abuse, threats, intimidation, or harassment to control another person in a family unit,household, or caretaker relationship. If there is crusade for concern of family violence, contact the Department of Human Services caseworker or the DCSS Regional Role for assistance. Custodial parents/obligees who accept non-assistance cases, should contact the DCSS Regional Office to report the state of affairs.

If the CP/obligee wishes to go on child support services, DCSS staff volition code the example with a Family Violence indicator (FVI) so that all staff will be aware of the situation and take extra precautions to protect personal information.

The only time any of a CP's/obligee'due south confidential information, such as address and the child's Social Security number, is given out by DCSS is on the National Medical Support Notice. This Notice is sent only to the NCP's/obligor's employer or the health insurance plan administrator. If a FVI is placed on the case, the DCSS' Medical Support Unit's accost will be shown on the Find as the CP'southward/caretaker's/obligee's address. Taking this precaution may boring downwardly the receipt of dependent healthcare newspaper work, but the family is protected.

If the custodial parent/obligee does not know where the non-custodial parent/obligor lives and/or works, how is DCSS going to find him/her?

If you don't know where your child's other parent is, the DCSS will assist you in locating him/her. Any information you lot tin can provide will assist the states and speed upwardly the search. DCSS has a number of resource to assist locate NCPs/obligors including data matches with:

  1. The U.S. Postal Service;

  2. The National New Rent Reporting Service;

  3. The Federal Parent Locator Service;

  4. The State Parent Locator Service;

  5. The Illinois Department of Employment Security; and

  6. The Illinois Secretary of State.

How is the amount of child support a parent has to pay determined?

In Illinois, the method used to set the amount of child support is income shares based on both parents' net income and the number of children included in the child support social club using the Illinois kid support guidelines.

The Illinois mandatory child back up guidelines crave both parents' financial information to summate the child back up obligation. Either parent may be ordered to provide child back up and/or medical coverage. However, merely one parent will be ordered to pay child support to the other parent.

The incomes of both parents are combined and the number of children the parents share are identified. The Basic Support Obligation is calculated using an contained, statistically valid table of expenditures, and the corporeality a family of that size and income would spend on the child or children.

This support corporeality volition be payable on a monthly, semi-monthly, bi-weekly or weekly basis, depending on the NCP'south/obligor'southward pay schedule.

Who problems the child support lodge?

A child support order volition be established past DCSS through its administrative process or through the circuit court. DCSS will choose the best and quickest method for the case. Sometimes the judicial process is necessary such as when the family may be at adventure of domestic violence. Child support orders are not established if the parents of the child(ren) alive together.

When the judicial process is used, the Department is represented by the county Country's Chaser'south Office or the Illinois Attorney General'southward Office. These legal representatives handle DCSS cases in circuit court as the attorneys for the Department and do not legally correspond parents, in court or out of courtroom, as clients. Any discussions between parents and the Section'south attorneys are not considered confidential or privileged under Illinois police force. Parents may be asked to read and sign a Disclosure Argument Regarding Legal Representation.

What is the administrative process and when is it used?

Co-ordinate to country law, DCSS may establish legal paternity and/or kid support rather than going through the courtroom process. DCSS may also alter existing authoritative back up orders. The advantages of the administrative process are:

  1. A court hearing is not required.

  2. Parents will be interviewed in a confidential, private setting.

  3. Parents may establish paternity by completing the VAP.

  4. If genetic testing is needed to plant paternity, the testing is gratis for the CP/obligee and kid.

  5. Paternity and kid support may be established in a single engagement/interview with the alleged begetter.

  6. If the parents provide enough information over the phone and/or by mail service, an appointment/interview may non be necessary.

  7. Establishment of administrative paternity and/or child support orders may take 90 days or less.

  8. Equally in court, paternity and kid support may be established by default if DCSS has proof that the alleged begetter received proper notification to appear for an appointment or genetic testing, but failed to appear.

  9. Changes to existing orders are processed quickly.

  10. Administrative orders may be enforced by DCSS or through the courts.

Kid support may exist established through the administrative process when:

  1. The mother and father are not married or in a civil union and paternity has already been established; or

  2. The female parent and male parent are separated only not divorced; or

  3. No prior courtroom lodge has been established for the parties.

If the NCP/obligor does not alive in Illinois, the administrative process may notwithstanding be used if:

  1. The child was conceived and/or born in Illinois and presently lives in Illinois with the CP/obligee; or

  2. The parents already have an existing administrative or judicial order from some other state or most countries, and the CP/obligee wants Illinois to enforce the order.

Do the parents have to carry health insurance for the child(ren)?

DCSS may obtain, equally part of the child support order, wellness insurance coverage for the child(ren). When wellness insurance is bachelor through a parent's employer or trade spousal relationship, DCSS enters an order requiring the child(ren) to exist enrolled in that health insurance program. If health insurance coverage is not available through a parent's employer or merchandise union, the parent may be ordered to pay the insurance premium, add the child(ren) to any other available grouping program, obtain private health insurance coverage, or be ordered to pay a budgetary amount to cover health care needs.

The National Medical Back up Detect (HFS 3554) is sent to the NCP/obligor's employer when health care coverage is ordered through employment. The CP/obligee will receive a re-create of the observe when it is sent to the employer. Insurance plan information is sent to the CP/obligee and the Department by the employer'due south insurance plan administrator.

The Section of Healthcare and Family Services has a health insurance programme, called All Kids, offered to Illinois' children at a reduced rate or at no toll to the parent. This does not impact the parent's obligation to provide health coverage. For more than information on this plan, call the All Kids Hotline at 1-866-ALL-KIDS (1-866-255-5437).

How long volition a parent be required to pay child support?

Child back up is ordered until the youngest (or only) child reaches the state's legal age of emancipation. In Illinois, a child is legally emancipated at the age of 18 years. Unless otherwise agreed in writing or provided in the judicial club, current support of a child is terminated upon emancipation. Yet, as of June 1, 2003, Illinois law allows the Department to extend current kid support until the child graduates from high school or attains the age of 19, whichever comes first . This high schoolhouse extension is bachelor to administrative and judicial cases. Also, if past-due support is owed at emancipation, the amount that had been paid for electric current support may be extended until the past-due corporeality is paid off.

How will child support payments be collected?

Illinois law requires that child support payments exist withheld from the wages of the parent/obligor that is ordered to pay child back up. Later the kid support gild has been established, an Income Withholding for Support will be served on the NCP/obligor's employer. The employer must begin taking the ordered amount out of the NCP/obligor'south pay check the get-go pay menstruation occurring within 14 business days of the date the Income Withholding for Support was mailed, faxed, or personally served on the employer.

The employer then sends the kid back up payment to the Country Disbursement Unit

Cocky-employed NCP/obligors will receive a billing statement for their kid back up obligation and may cull to employ the following payment options:

  • Travelers, cashiers or personal checks; and coin orders

    Mail payments to: State Disbursement Unit

P.O. Box 5400

Ballad Stream, Illinois 60197-5400

  • Electronic Payment

www.expertpay.com

An easy and secure way for child support obligors to make payments

Fee Schedule

1 Time Registration Fee - a ane-time registration fee of $2.l is charged to the first payment on a new bank or PayPal account. The registration fee charged is in addition to the child support payment amount and whatsoever transaction or convenience fees.

PayPal Convenience Fee - a 2.95% convenience fee is charged to all payments made with a PayPal account, with a maximum convenience fee of $threescore.00. Fees are in add-on to the child support payment amount.

Credit Carte du jour Convenience Fee - a 2.95% convenience fee is charged to all payments made with a credit card, with a maximum convenience fee of $60.00. Fees are in addition to the child support payment corporeality.

ACH Debit Fee There are no transaction fees for debit-based kid support payments in Illinois

Pay by Phone - 1-866-645-6347

There is a registration process for showtime time users. One time registered, obligors can brand payments on-line using Visa, MasterCard, or Detect. A processing fee volition be charged. The fee schedule is: Payments of $0-$500.00 - a Flat Charge per unit fee of $fourteen.95. Payments of $500.01 or more - a Percentage Rate of 2.95 %. Information technology can take upwardly to 7 business days earlier your payment is posted to your Kid Back up Account.

What does the State Disbursement Unit exercise when they receive child support payments?

How the State Disbursement Unit (SDU) disburses child back up payments depends on the type of case the custodial parent/caretaker/obligee has with DCSS.

If a CP/obligee does not receive public help, child back up payments are disbursed directly to her/him. In some cases, in that location may be past due support owed to the land for a period of public assistance, and payments on the past due amount will exist disbursed to the Department. This is explained in more detail in the section titled "When a CP/flagman/obligee stops receiving TANF, volition she/he get the child support payments?"

If the CP/obligee receives TANF cash assistance, kid back up payments are disbursed to the Department. This is explained in more item in the section titled "If the custodial parent/obligee is receiving TANF cash help, volition child support payments be received?"


If the CP/obligee receives Medical Aid only, the SDU will disburse simply the corporeality for medical back up to the Department. Current support and whatsoever by due corporeality owed to the CP/obligee will be disbursed directly by the SDU.

For information concerning payments received and disbursed by the SDU, call SDU's customer service line toll-costless at 1-877-225-7077.

What if the non-custodial parent/obligor lives in some other state or state?

Illinois has the Uniform Interstate Family Back up Act (UIFSA) which makes it easier to establish, enforce, and collect child support across land lines. Information technology reduces the paperwork involved with intergovernmental child support issues, expands administrative options, and speeds the process of income withholding. Intergovernmental cases may involve more than than one state, tribe, or country.

UIFSA enables other states to directly serve their orders on the NCP/obligor'southward employer in Illinois too equally enables Illinois to serve an Illinois social club to employers direct in other states that accept adopted UIFSA.

The Section collects child back up faster when information technology serves employers directly rather than having to ask other states to serve the income withholding. This may occur if Illinois has authority over an NCP/obligor who does not alive in Illinois if:

  1. The NCP/obligor is personally served a courtroom order in Illinois;

  2. The NCP/obligor voluntarily accepts Illinois' authority;

  3. The NCP/obligor previously lived with the child in Illinois;

  4. The NCP/obligor lived in Illinois and supported the mother before the child was born;

  5. The child lives in Illinois considering of the deportment/directives of the NCP/obligor; or

  6. The child was conceived in Illinois.

Illinois must, however, ask another country or state to enforce the child support order under its ain laws on behalf of Illinois if:

  1. Illinois does not accept potency over the parties;

  2. Illinois cannot collect child support through straight income withholding; or

  3. The NCP/obligor lives in a state that has not adopted UIFSA or in a foreign country.

DCSS does have agreements with all of the states, some countries, and some tribal child support programs in society to help each other. Whatsoever money nerveless out-of-state is sent back to Illinois to exist forwarded to the appropriate person or state agency.

llinois can enquire another country to plant paternity, to establish a child back up lodge, or to modify or enforce an existing social club if that country has child support laws similar to ours. The U.Southward. Attorney General'southward Part may establish a cooperative understanding with a foreign country if ane does not currently exist.

If a parent'southward income changes will the corporeality of the child support payments change likewise?

The corporeality of the child support payments will not modify automatically. However, DCSS reviews chiild support orders every iii years or when requested past either parent. If it is appropriate, steps will exist taken to alter (alter) the order. Both parents volition be notified of the review results.

Either parent my request modification of a child support order at anytime, only proof of a substantial alter in circumstances must be provided.

What if the noncustodial parent changes jobs?

A police passed in 1997 requires employers to report every new person they rent within 20 days. In Illinois, this data must be provided to the Illinois Section of Employment Security (IDES). IDES shares this information via information match with DCSS. When there is a match with the NCP/obligor in the DCSS computer organization, an Income Withholding for Support volition automatically be sent to the NCP/obligor's new employer.

In addition, all child back up orders instruct NCP/obligors to contact DCSS when their employment and/or address changes.

It is, however, very important that CP/obligees contact DCSS personally when new information concerning the NCP/obligor'due south employment status and/or address becomes known.

To written report this information, visit the DCSS website at www.childsupport.illinois.gov, or call the Child Support Customer Service Call Centre at 1-800-447-4278. Persons using a teletypewriter (TTY) may call 1-800-526-5812.

What if the non-custodial parent/obligor loses his/her job?

If the NCP/obligor loses his/her task and cannot pay child support, the NCP/obligor should contact DCSS as soon as possible to report this alter in circumstances by visiting the DCSS website at world wide web.childsupportillinois.gov or by calling the Child Back up Customer Service Call Center at 1-800-447-4278. Persons using a teletypewriter (TTY) may telephone call one-800-526-5812.

If the NCP/obligor files for unemployment insurance benefits (UIB) in Illinois, the Section can have child support payments deducted from those benefits. Child support payments can be deducted from UIB only past the Department for CPs/obligees who take a child back up instance.

If the NCP/obligor files for unemployment insurance benefits in another state, some states permit other states to serve an Income Withholding for Support directly on the agencies that administer those benefits. For those states that do not permit direct service, DCSS must send a request to that country's child support bureau to serve an Income Withholding for Back up.

What if the noncustodial parent/obligor gets backside and/or stops paying child support?

If a NCP/obligor gets behind in paying child back up, a delinquency exists on the child support business relationship. The DCSS computer system automatically calculates the delinquent amount and serves the NCP/obligor'southward employer with an Income Withholding for Back up to deduct an additional amount from the NCP/obligor's wages until the delinquency amount is paid in full.

To try to collect past-due child support from the NCP, DCSS may automatically utilize 1 or more special collection tools including:

  1. Intercepting federal and state income taxation refunds (if the case is TANF or Foster Care and the NCP owes $150 or more, or $500 or more, if the case is non-help);

  2. Intercepting other land payments, such as lottery winnings;

  3. Intercepting casino or racetrack winnings;

  4. Placing liens on property;

  5. Seizing banking company accounts;

  6. Submittal to private collection agencies;

  7. Deprival or revocation of U.S. passports;

  8. Submittal to credit reporting agencies;

  9. Submittal to state licensing agencies for denial or revocation of professional, occupational, or recreational licenses;

  10. Submittal to the Illinois Secretary of State for suspension of driver's licenses; and/or

  11. Publication of the NCP/obligor'due south name (and photo, if available) and corporeality of past-due kid support owed on the Department's Delinquent ParentsWebsite.

Before the Section takes any of the actions higher up, a letter must exist sent to the NCP/obligor to notify him/her of the DCSS' intentions. The NCP/obligor may and so ask DCSS to review the account to determine if the amount of past-due child support is correct. This may result in a delay in the disbursement to the custodial parent of any money collected for past-due kid support.

If the custodial parent/obligee is receiving TANF greenbacks assistance, volition kid support payments exist received?

In accord with state and federal law, if a CP/obligee receives TANF greenbacks and Medical Assist for the child(ren), the kid back up and/or medical back up payments are automatically assigned to the Department. This means the Department will retain child support (except the corporeality paid every bit laissez passer through) and/or medical support payments to reimburse the state for the benefits received.

In addition, if a CP/obligee receives greenbacks aid with the child(ren) and also receives spousal support or maintenance through a divorce decree, those payments are also automatically assigned to the Department.

Laissez passer Through Payment In a month y'all receive cash assistance, when a child support payment is fabricated by the non-custodial parent during that month of aid, you may receive upward to the first $100 in laissez passer-through payments for 1 kid in the family household receiving cash help, or upward to $200 in pass-through payments for two or more children in the family unit household receiving cash help. Only one pass through payment is issued per month even if the CP/obligee has more than than i NCP/obligee paying child support.

The post-obit are examples of how pass through is paid to the custodial parent/obligee:

Example one

Ane Child on TANF

Support Obligation $175

Support Payment Fabricated $125

Laissez passer Through Payment to Custodial Parent/Obligee $100

Example 2

Two or More Children on TANF

Support Obligation $275

Support Payment Made $275

Pass Through Payment to Custodial Parent/Obligee $200

Laissez passer through payments do not change the amount of the CP/obligee's TANF cash assistance, just are counted to determine the amount of their food stamp benefits.

Electric current and Past Excess Support If DCSS collects more than in child back up in a month than the CP/obligee
was
paid in TANF cash assistance plus a pass through payment, the CP/obligee volition be sent the difference upward to the total ordered current kid back up obligation for that month. This is called "Current Backlog Kid Support".

The post-obit is an example of how Current Excess Child Back up is paid to the CP/obligee:

TANF Greenbacks Help

$​100
Child Support Obligation $275
Child Support Payment Made $275
Pass Through Payment Made to Custodial Parent $ 100
Current Excess Child Support Sent to Custodial Parent ​$75

If DCSS collects more in total child support payments than the total of TANF cash help plus pass through payments paid to the CP/obligee , the deviation up to the total child back up obligation due at that fourth dimension will be sent to the CP/obligee . This is called "By Excess Kid Support".

The following is an instance of how Past Excess Child Support is paid to the CP/obligee:

T otal TANF Cash Assist Paid to Custodial Parent $2,000
T otal Child Support Obligations $iv,000
T otal Child Support Payments Made $2,500
By Backlog Child Support Sent to Custodial Parent $500

Child Back up Payments for Kid(ren) Not Included in TANF Cash Gran t - Country and federal regulations provide for a process chosen "earmarking" that allows a CP/obligee to receive the kid support payments for ane or more of the children who do non receive TANF cash assistance.

SSI Earmarking is for a child who has a disability and receives Supplemental Security Income (SSI). If the kid back up order for the child receiving SSI includes other children, DCSS will send the CP/obligee the share of the child support payment that belongs to the child receiving SSI.

If the child support order does not say how much of the child support is for the child receiving SSI, DCSS volition dissever the child support equally among the children and ship the CP/obligee the equal share for the child receiving SSI. If the CP/obligee thinks the child receiving SSI is entitled to more than an equal share, the CP/obligee has the correct to get a lawyer and ask the judge for a larger share of the kid support payment. If the CP/obligee gets a new child back up club, he/she must contact her/his Department of Human Services (DHS) caseworker and DCSS worker and give each a copy of the order.

Once the CP/obligee starts receiving the child back up money, the Social Security office should exist notified. They may reduce the child's SSI check, merely they cannot reduce it by all o f the child support payment. The CP/obligee will nevertheless come up out ahead considering part of the child support payment volition exist protected and volition not be counted equally income or taken out of the kid's SSI cheque.

Annotation: If a CP/obligee has any problems with the way the Social Security Administration budgets their kid'south support payments, the CP/obligee may contact the nearest legal assistance office.

Optional Earmarking is for a child who is not a blood brother, sister, half-brother or half-sister to another child in the TANF case, such as a niece or nephew. This option may let the CP/obligee to have the child(ren) out of the TANF instance and receive kid support if "aye" is answered to all of the following questions:

  1. Is the NCP/obligor paying at least $100.00 per month in child support?

  2. Is the NCP/obligor paying the kid support every time information technology is due without missing payments or paying late?

  3. Does the CP/obligee expect that the NCP volition continue to pay child support regularly?

The CP/obligee must keep the following in mind when making this decision:

  1. The kid(ren) cannot be removed from the TANF instance if they are brothers, sisters, one-half-brothers or half-sisters to any other child(ren) in the case.

  2. If the child(ren) has/have been removed from the TANF instance and the NCP/obligor stops paying, information technology will take 45 days for the kid(ren) to be added back into the case.

  3. If the kid(ren) has/have been removed from the TANF example and so added back to the instance, they cannot be removed once again for ane year.

A CP/obligee who is interested in optional earmarking, must contact the DHS caseworker who tin further explain and assistance to decide the coin potentially received under this selection.


Allocation Earmarking is for a child who is not eligible to be in a TANF case for reasons other than sanctions or receipt of SSI but at least one of the other children included in the child support guild is receiving TANF. This includes children in the child support guild who are not living in the TANF household. The CP/obligee or that child may be entitled to that kid's support money. If the child lives with another adult, that other developed can receive the child support for that kid.

If the child support guild also includes other children in the household who are on TANF, DCSS will send the share of the child support that belongs to the child who is non in the TANF example.

If the child support order does not say how much of the child back up is for the child who is not in the TANF case, the child support will be divided equally among the children and an equal share for that child will be sent to the CP/obligee.

If the CP/obligee thinks that the child is entitled to more than an equal share, the CP/obligee has the right to go a lawyer and inquire the judge for a larger share of the child back up payment. If the CP/obligee gets a new child support order, his/her DHS caseworker and DCSS worker must be contacted and each given a copy of the society.

If the custodial parent/obligee is receiving Medical Assistance merely, will she/he receive child support payments?

If the CP/obligee receives Medical Assistance simply and never received TANF cash assistance, the Section will only retain the amount designated as medical support to reimburse the state for Medical Assistance payments made for the child(ren). The CP/obligee volition receive all of the child support payments.

If the CP/obligee previously received TANF cash assistance but at present receives Medical Assistance only, DCSS will send kid back up payments to the CP/obligee equally stated in the next department.

When custodial parent/obligee stops receiving TANF, will they become their child support payments?

DCSS will continue to provide services until the CP/obligee tells the Section that these services are no longer needed or fails to cooperate with DCSS.

Upon counterfoil of TANF cash assistance, the CP/obligee'southward electric current child back up and the residuum of any past-due support that had been temporarily assigned during the TANF period will no longer be assigned to the Department.

Child support and/or medical support payments nerveless that are more than than the current support obligation will exist sent to the CP/obligee for past-due support owed.

If the Department receives the NCP/obligor'south federal revenue enhancement refund and past-due back up had been temporarily assigned to the Department while the CP/obligee received TANF, information technology volition be retained past the Department to pay back the state for TANF cash assistance already paid to the CP/obligee.

If at that place is whatsoever federal revenue enhancement money left afterwards all greenbacks assistance has been paid dorsum to the state, it will be sent to the CP/obligee for whatever past-due support owed.

When the NCP/obligor pays more than the current monthly back up and by-due support owed to the CP/obligee, the residue will be retained by the Department to pay dorsum the state for unpaid support that the NCP/obligor owed while the CP/obligee received TANF.

RefundIf more child support is nerveless in a month than is due to the CP/obligee and there is no past-due back up owed to the state, the departure will exist refunded to the NCP/obligor.

If the custodial parent has never received TANF or Medical Assistance, will she/he receive all of the child support payments?

Aye, the CP/obligee will receive all of the child support and/or medical support payments fabricated by the NCP/obligor.

Since there is no fee for child support services, zippo volition be retained by the Department.

I f t h e c u s t o d i a 50 p a r east n t / o b l i yard ee h a s n e v e r received TANF or Medical Assist, will southward h e / h eastward r e c e i five e a ll o f t h east ch i fifty d southward upp o r t payments?

Yes, the CP/obligee volition receive all of the child support and/or medical back up payments made by the NCP/obligor.

Since at that place is no fee for child support services, nothing will be retained past the Department.

What if the non-custodial parent/obligor still owes the custodial parent/obligee past-due child support when the child support society has ended?

DCSS will keep to collect past-due support until it has been paid in total or until the CP/obligee asks that her/his case exist cancelled. A state law that went into event January ane, 2005, gives the Department the legal authority to continue to collect the amount that was previously ordered as current back up through income withholding to satisfy all unpaid support subsequently the end appointment of the order.

What tin the custodial parent/obligee practice if she/he doesn't agree with how DCSS distributed the kid support payments?

If the CP/obligee currently receives TANF and Medical Assistance or has received them in the by and disagrees with how DCSS distributed child back up payments, she/he may contact DCSS and ask for a review of the account. DCSS will review the account and advise the CP/obligee of the results. If the CP/obligee all the same disagrees, she/he may entreatment the determination.

The business relationship review request must be in writing and must incorporate the following information:

  1. The CP/obligee's name and address;

  2. The child(ren)'due south proper name(s);

  3. The name of the NCP/obligor ordered to pay support; and

  4. The period of fourth dimension for which the review is requested.

Post the business relationship review request to:

     Illinois Section of Healthcare and Family Services

     Divison of Child Support Services

     Information Gathering Unit of measurement

     P.O. Box 19152

     Springfield, IL 62794-9152

To complete an account review, DCSS may request the following information:

  1. Support Order number (court docket number, Administrative Support

    Order number or other identifying number);

  2. TANF case number if the CP/obligee received TANF or Medical Assistance; and

  3. One or both parents' Social Security number

If a quondam TANF recipient requests an business relationship review for current support due and non received during the month of the asking and/or the prior calendar month, an account review decision will be issued no after than 30 calendar days after the date the Department received the request.

If a sometime TANF recipient requests an account review for back up due and non received for a catamenia of more than one month prior to the asking, an business relationship review conclusion volition be issued no later than 75 calendar days later the appointment the Department received the asking.

An account review decision volition contain the following required information:

  1. The CP/obligee'due south name;

  2. The child(ren)'s name(southward);

  3. The NCP/obligor'due south proper name;

  4. The Section'southward calculations;

  5. The appropriate policy commendation(s);

  6. The amount of funds, if whatsoever, to which the CP/obligee is entitled;

  7. The engagement by which such funds will be issued to the CP/obligee;

  8. The name and work location of the account review worker;

  9. A statement that the account review determination is the Department'south last decision which is reviewable in state court unless afterthought of the account review determination is requested in writing within 30 calendar days of the date of the decision; and

  10. A statement that the CP/obligee may request an explanation of the decision by phone inquiry to a toll-complimentary number or in person at a Section local office bundled by date through the toll-free number.

If, as a result of the account review decision, the CP/obligee is entitled to child back up received by the Section, such support volition be issued to the CP/obligee no later on than thirty days after the date of the account review determination.

The CP/obligee may go an explanation of an account review determination by calling a price-free number. A asking for explanation is not a request for reconsideration.

The CP/obligee may asking a reconsideration even if a request for an caption has been requested. The asking for afterthought must be in writing and received by the Section within 30 calendar days of the appointment of the account review decision. The written request for afterthought must include:

  1. The CP/obligee'due south name;

  2. The CP/obligee'southward TANF case number;

  3. The date of the account review decision; and

  4. The reason for disagreement with the decision.

The CP/obligee is asked to provide copies of documentation to be considered to complete the reconsideration account review.

A conclusion on the afterthought request will be issued no later on than fifteen agenda days after the appointment the written afterthought request was received by the Department. The afterthought decision will include the following:

  1. The CP/obligee'southward name;

  2. The child(ren)'s name(s);

  3. The NCP/obligor'south proper noun;

  4. A statement that the business relationship review worker has reviewed the prior documents and determination and has considered any new documentation or statements that have been provided;

  5. The Department's calculations;

  6. The advisable policy citation(s);

  7. A statement as to whether the original account review decision was correct or incorrect;

  8. The corporeality of funds, if whatever, to which the CP/obligee is entitled and the appointment by which such funds will be issued;

  9. The name and piece of work location of the account review worker;

  10. A argument that the reconsideration determination is the Department's final determination and is reviewable in country court; and

  11. A reference to an attached copy of the original account review conclusion which is enclosed with the reconsideration conclusion.

If, as a outcome of the reconsideration, the CP/obligee is entitled to child back up received by the Department, such support will be issued no later than 30 agenda days after the date of the reconsideration conclusion.

The CP/obligee may file an action in state court if she/he disagrees with the account review decision or the reconsideration decision. It is not necessary to request a reconsideration before an activity is filed in state courtroom.

Copies of documents possessed by DCSS except as prohibited past law (i.e., Internal Revenue Service and Country Comptroller data), are provided at the request of the CP and/or an authorized representative.

If the asking contains sufficient information to place the account, such documents will be furnished no later than xxx agenda days after the date of the Department's receipt of the request for documents.

Account Review Inquiries from Not-Assistance and Intergovernmental Cases – If the CP/obligee disagrees with how the Department has distributed her/his child support and has never received TANF cash help, she/he may contact DCSS and ask for a review of the account. DCSS will review the account and advise the CP/obligee of the results.

Parents can call the Child Back up Customer Service Call Eye at 1-800-447-4278 or write the DCSS Regional Office in their area to request the account review.

Who is the contact for other questions regarding a kid support instance?

For general inquiries, visit the DCSS website at:

world wide web.childsupport.illinois.gov,  or call the Kid Support Customer Service Telephone call Center at ane-800-447-4278, or write to one of the following addresses:

In Cook County:

     Illinois Section of Healthcare and Family Services

     Sectionalisation of Kid Support Services

     P.O. Box 64629

     Chicago, IL 60664-0629

In All Other Counties:

     Illinois Department of Healthcare and Family Services

     Division of Child Back up Services

     Client Services Unit

     P.O. Box 19405

     Springfield, IL 62794-9405

Persons who take questions and use a teletypewriter (TTY), phone call toll-costless at one-800-526-5812 (TTY just).

How long volition child support services go along?

Kid Support services will continue until:

  1. The social club states it should terminate;

  2. The youngest (or only) child in the order turns eighteen years of age. If the kid is in high school when he/she turns 18, kid back up could go along until the child graduates high school or turns 19, whichever comes offset;

  3. The CP/obligee fails or refuses to cooperate when DCSS needs help in proceeding to the next stride in providing services;

  4. The CP/obligee fails to advise the DCSS of her/his mailing address;

  5. DCSS is notified in writing that kid back up services are no longer wanted;*

  6. DCSS learns that further action is inadvisable or legally impossible;

  7. DCSS is non able to contact the CP/obligee over a 30 calendar solar day period. DCSS will attempt to contact the CP/obligee past alphabetic character sixty calendar days before discontinuing child support services. The example volition be left open if the CP/obligee notifies DCSS.

*Note: Although child back up services may stop, all future child support payments will be issued by the State Disbursement Unit if the support is paid through income withholding.

Who is the contact for address and/or telephone number changes?

To make certain child support payments are received, it is of import to report whatever change of address within seven (7) days to DCSS and the State Disbursement Unit of measurement (SDU). It is too very helpful to study changes in telephone numbers. To report these changes, call the Kid Support Client Service Call Center at 1-800-447-4278 or SDU at one-877-225-7077. Persons using a teletypewriter (TTY) device may telephone call price-free at i-800-526-5812 (TTY merely).

Accost change information may also be reported in writing to:

     Address Change

     Illinois Department of Healthcare and Family unit Services

     Division of Child Back up Services

     P.O. Box 19405

     Springfield, IL 6294-9405

Partitioning of Child Support Services Regional Function Locations

Information and an application can be provided at any DCSS office. Persons who have questions may write the DCSS Regional Office listed below for their county or may phone call the Child Support Customer Service Call Heart at one-800-447-4278. Persons using a teletypewriter (TTY) may call toll gratuitous at one-800-526-5812 (TTY simply) .

Melt Canton Central FIELD OPERATIONS

Division of Child Support Services

P.O. BOX 64629

Chicago, IL 60664-0629

COOK County SOUTHERN FIELD OPERATIONS

Sectionalization of Child Back up Services

PO Box 64720

Chicago, IL 60664-0720

AURORA REGIONAL OFFICE

Sectionalization of Kid Support Services

280 East Indian Trail

Aurora, IL 60605

Counties in Aurora Region: DuPage, Kane, Lake

BELLEVILLE REGIONAL OFFICE

Division of Child Support Services

1803 Ramada Boulevard, Suite B204

Collinsville, IL 62234

Counties in Belleville Region: Madison, St. Clair

CHAMPAIGN REGIONAL Office

Partitioning of Child Support Services

313 North Mattis, Suite 218

Champaign, IL 61821

Counties in Champaign Region: Champaign, Clark, Coles, Cumberland, Douglas, Edgar, Effingham, Ford, Macon, Moultrie, Piatt, Shelby, Vermilion

JOLIET REGIONAL OFFICE

Division of Child Support Services

16 West Cass St., quaternary Fl.

Joliet, IL 60432

Counties in Joliet Region: Bureau, Grundy, Iroquois,Kankakee, Kendall, LaSalle, Livingston, Will

MARION REGIONAL Office

Sectionalisation of Kid Support Services

3419 Professional Park Drive

 Marion, IL 62959

Counties in Marion Region: Alexander, Bond, Clay, Clinton, Crawford, Edwards, Fayette, Franklin, Gallatin, Hamilton, Hardin, Jackson, Jasper, Jefferson, Johnson, Lawrence, Marion, Massac, Monroe, Perry, Pope, Pulaski, Randolph, Richland, Saline, Union, Wabash, Washington, Wayne, White, Williamson

PEORIA REGIONAL OFFICE

Division of Child Support Services

401 Primary Street, Suite 680

Peoria, IL 61602

Counties in Peoria Region: Fulton, Henderson, Henry, Knox, Marshall, McLean, Mercer, Peoria, Putnam, Rock Island, Stark, Tazewell, Warren, Woodford

ROCKFORD REGIONAL Function

Partitioning of Child Support Services

175 Executive Parkway, Suite 107

Rockford, IL 61107

Counties in Rockford Region: Boone, Carroll, DeKalb, JoDaviess, Lee, McHenry, Ogle, Stephenson, Whiteside, Winnebago

SPRINGFIELD REGIONAL OFFICE

Sectionalization of Kid Back up Services

 509 South Sixth Street

 Springfield, IL 62701

Counties in Springfield Region: Adams, Chocolate-brown, Calhoun, Cass, Christian, DeWitt, Greene, Hancock, Jersey, Logan, Macoupin, Mason, McDonough, Menard, Montgomery, Morgan, Superhighway, Sangamon, Schuyler, Scott

I ll i n o i southward S t a t e D i s b u r s e thousand due east n t U n i t A dd r eastward ss east s , Phone Number and Website

Illinois State Disbursement Unit Addresses

Send child back up payments to:

Illinois State Disbursement Unit

P.O. Box 5400

Ballad Stream, IL 60197

Send messages to:

Illinois Land Disbursement Unit

P.O. Box 5920

Ballad Stream, IL 60197

Illinois State Disbursement Unit Hotline telephone number:

ane-877-225-7077

Illinois State Disbursement Unit of measurement website for payment information:

www.ilsdu.com

overstreetwidee1972.blogspot.com

Source: https://www2.illinois.gov/hfs/ChildSupport/FormsBrochures/Pages/hfs1759.aspx

0 Response to "what to do in illinois if spouse is late with child support"

Post a Comment

Iklan Atas Artikel

Iklan Tengah Artikel 1

Iklan Tengah Artikel 2

Iklan Bawah Artikel