What is the Child Support Enforcement program?

The Illinois Department of Healthcare and Family Services (HFS) administers the Child Support Enforcement program. This program helps parents or guardians locate a non-custodial parent (NCP), establish paternity, get support payments and health insurance for their child(ren). Child Support Enforcement services are available to anyone who requests services through HFS. Child Support Services DO NOT include:

• Obtaining a divorce decree or property settlement;
• Obtaining or modifying a custody or visitation order;
• Obtaining an order to provide college expenses; or
• Providing legal advice.

What is the Child Support Enforcement Process?

When you request child support services, you are asked to complete an application and to complete and return all documents requested by the Division of Child Support Enforcement (DCSE). We ask that you sign the application and provide us with as much information as possible regarding the child(ren) and both parents. This information is needed to help HFS collect financial and medical support.

Once HFS receives the application and it is processed, you may be scheduled for an interview with a child support worker.

We will ask that you bring to the interview:

• A copy of the child(ren)'s birth certificate(s);
• The child(ren)'s Social Security number(s);
• A photo of the NCP(s), if available;
• Your divorce decree, if applicable;
• Your marriage license, if applicable;
• Your pay check stub(s);
• Identification (driver's license or other photo I.D.);
• A copy of any document establishing the paternity of the child(ren), if applicable; and
• A copy of any existing order(s) of support which HFS does not have.

In addition, we will ask that you provide the following information (if known) about both parents:

• Complete names (first, middle initial and last);
• Social Security numbers;
• Dates of birth;
• Home addresses;
• Addresses of relatives and friends;
• Past or present employers’ names and addresses;
• Telephone numbers of the parents and of their relatives and friends;
• Address of union or trade association, if applicable;
• Past or present schools attended; and
• Motor vehicle models and license plate numbers and the state in which they were issued.

Disclosure Statement Regarding Legal Representation

In a judicial case, you will have to sign a Disclosure Statement Regarding Legal Representation. This form explains to you that HFS’ attorney for your case acts as the attorney for HFS and does not legally represent you, in court or out of court, as a client. As a result, you do not have an attorney-client relationship. Any discussion between you and HFS’ attorney is not considered confidential or privileged under Illinois law.

The Illinois Attorney General or the county's State's Attorney will be the attorney who handles your case for HFS.

Applicants Under the Age of 18

If you are under the age of 18 when you apply for Child Support Enforcement services, HFS requires that you bring your parent or guardian to your child support interview. If you are under the age of 18 and have your own household, you do not have to bring your parent or guardian to the interview. You may, if you wish, have a friend, relative or another person attend the interview with you.

What Services does the Program Provide?

HFS provides the following services, even if the NCP lives in another state:

Locating the Child's NCP - A NCP is a parent who is not living with the child(ren), but has the responsibility to provide financial and/or medical support for the child(ren). If the NCP's whereabouts are not known, HFS will try to find where the NCP lives and works.

Establishing Paternity - If, at the birth of the child, the mother and biological father were not married, a legal relationship between the child and the child's biological father must be established before child support can be collected.

A state law gives parents an opportunity to establish paternity through a simple process. Mothers and biological fathers may establish the paternity of their child(ren) at the hospital or after leaving the hospital by signing a Voluntary Acknowledgment of Paternity (VAP) form. Both the mother and father may complete, sign and have witnessed the VAP at the same time, or they may sign and have witnessed the same VAP during separate interviews. Hospitals have these forms. A VAP form may also be obtained at the:

• Local county clerk's office, or
• State and local registrar, or
• Local Child Support Enforcement Office, or
• Department of Human Services Offices.

Parents mail the first and second copies of the signed and witnessed form to Administrative Coordination Unit (ACU), 110 West Lawrence Avenue, Springfield, IL 62704. The third and fourth copies of the form are for the parents to keep.

Obtaining a Child Support Order - A support order may be established at the same time as the administrative paternity order or the Voluntary Acknowledgment of Paternity, or at a later time. HFS will take action to establish a support order through HFS’ administrative process or through the court. HFS does not establish support if the parents of the child(ren) live together.

There are guidelines in state law that determine the minimum amount of support the NCP is obligated to pay. It is a certain percentage of the NCP's net income. These guidelines are applied in each support order unless HFS or the court determines that the application of the guidelines would be inappropriate.

HFS will also obtain, as part of the order, health/hospitalization insurance coverage for the child. When health insurance is available through the NCP's employer or trade union, HFS enters an order requiring the child(ren) to be enrolled in that health insurance plan. If health insurance coverage is not available through the NCP's employer or trade union, the NCP may be ordered to pay the insurance premium or add the child(ren) to any other available group plan.

The National Medical Support Notice, HFS 3554, will be sent to the employer of the NCP when dependent health care coverage is ordered through employment. The custodial parent will receive a copy of the Notice when it is sent to the employer. Insurance plan information is to be sent to the custodial parent and the Department by the employer's insurance plan administrator.

When support is established, additional support may be ordered for the time before the date a court or administrative order is entered. This is referred to as retroactive support.

Enforcement of Child Support Order - If the order for current support has ended but the NCP still owes past due support, HFS will use administrative remedies to enforce the past-due support (see "Collecting Support Payments" and "Amounts Collected Through Offset Program").

HFS does not pursue collection of medical bills.

Review and Change of Support Orders - HFS reviews support and/or medical orders to determine if a change in the amount of support is warranted or if health insurance has been addressed. HFS completes these reviews at HFS’ discretion or when the NCP or the custodial parent asks for a review. If a change is warranted, HFS will take steps to change the order in court or through its administrative process. Contact the Regional Child Support Office to request a review.

Collecting Support Payments - Once a support order is established, HFS may enforce child support payments by:

• Serving an Order/Notice to Withhold Income for Child Support (HFS 3683) on the NCP's payer of income. Illinois law requires that child support payments are withheld from a NCP's wages. This law makes it easier for parents without custody to make child support payments for their child(ren). An employer will deduct child support payments, just like taxes and Social Security. The employer forwards the payments to the Illinois State Disbursement Unit (SDU). The SDU then disburses child support to the custodial parent or guardian.
  
  Payments made on an ongoing basis are subject to income withholding procedures. Examples of ongoing payments include but are not limited to wages, salary, overtime pay, unemployment compensation benefits, payments as an independent contractor, workers' compensation, disability, retirement benefits including Social Security, lottery prize awards, insurance proceeds.
  
  
• Placing a lien against the real and/or personal property the NCP may own.

Illinois' State Disbursement Unit (SDU)

Federal and state law require that child support payments through income withholding are processed by a centralized payment processing unit. In Illinois, the centralized processing unit is the State Disbursement Unit (SDU). SDU processes child support payments for all income withholding orders, regardless of whether a family receives services from HFS. The SDU does not answer questions about support orders or balances.

The custodial parent or guardian may also receive payments through direct deposit. The appropriate form for requesting electronic direct deposit may be requested by calling the SDU's customer service line 1-877-225-7077.

Distribution of Money- SDU will send child support money as stated by an administrative or court order. For information about an Illinois administrative order for support, contact HFS. For information about a court order for support, contact the Clerk of the Circuit Court in the county where the order was filed.

Amounts Collected through Special Programs

Support that has not been paid as stated in the support order is referred to as past due. This may include support for the child(ren) as well as spousal support. Past-due support does not include fees, court costs or any other non-child support debts owed to HFS or the custodial parent.

HFS is required to collect past-due child support owed to individuals participating in the IV-D program by reporting unpaid amounts of child support to the following possible enforcement sources:

• Consumer reporting agencies to alert about unpaid debts;
• Financial institutions to obtain a lien against a NCP's financial account(s);
• Financial Management Services (FMS) and the State Department through OCSE for passport denial or suspension;
• HFS’ Lien process to obtain a lien against a NCP's real or personal property;
• HFS’ Delinquent Parent's Web site for publication of the NCP's name to the "Deadbeats' Most Wanted List;"
• Illinois State licensing agencies for disciplinary action against a NCP's professional, occupational and/or recreational license;
• Illinois State Comptroller to obtain the NCP’s state payments and/or tax refund;
• Illinois Department of Revenue to use their collection methods;
• Internal Revenue Service to obtain the federal tax refund of a NCP;
• United States Treasury to obtain certain federal payments of a NCP.
  

Before submitting a past due amount to any offset process, HFS sends a letter to the NCP. The NCP may request a review of the amount of past due support HFS states is owed.

Other Important Information

• Provide all information you have to assist HFS in the collection of your child support payments;
• Appear as notified for any interviews or court appearances;
• Send a copy of all support order(s) you have as a result of representation by a private attorney or yourself;
• HFS cannot guarantee that it will be successful in obtaining support payments or that HFS’ services are more successful than those provided by a private attorney.

If you have any questions or want more information about applying for child support services or to establish paternity, call the Child Support Customer Service Call Center toll-free at 1-800-447-4278. Individuals who are using a teletypewriter (TTY) may call the Child Support Enforcement Program at 1-800-526-5812.

How long will my Child Support Enforcement Services Continue?

Child Support Enforcement services will continue until:

• The order states it should end;
• The youngest (or only) child in the order turns 18. If the child is in high school when he or she turns 18, child support could continue until the child graduates high school or turns 19, whichever comes first;
• The custodial parent fails or refuses to cooperate when HFS needs help in proceeding to the next step in providing support enforcement services. This may occur if the custodial parent fails to advise HFS of his or her mailing address;
• HFS is notified in writing that child support enforcement services are no longer wanted. Please note that although HFS services may stop, all future child support payments will be issued by the State Disbursement Unit if the support is paid through income withholding;
• The HFS learns that further action is inadvisable or legally impossible;
• HFS is not able to contact the custodial parent over a 30-calendar-day period. HFS will attempt to contact the custodial parent by letter 60 calendar days before HFS discontinues child support services. The case will be left open if the custodial parent notifies HFS.

Reporting Address Changes

To make sure child support payments for the child(ren) are received, report any change of address within seven days to HFS and SDU. Call SDU at 1-877-225-7077 or the Child Support Customer Service Call Center at 1-800-447-4278. Individuals who are using a teletypewriter (TTY) may call the Child Support Enforcement Program at 1-800-526-5812. You may also write to the following:

Address Change
Illinois Department of Healthcare and Family Services
Division of Child Support Enforcement
P.O. Box 19405
Springfield, Illinois 62794-9405
E-Mail address: E-mail Child Support Enforcement

Regional Child Support Office

For more information about child support enforcement services, contact the Child Support Customer Service Call Center at 1-800-447-4278 between 8:30 a.m. and 4:30 p.m., Monday through Friday. Individuals who are using a teletypewriter (TTY) may call the Child Support Enforcement Program at 1-800-526-5812. You may also write to your regional child support office.

A Child Support worker will help you with your questions.