Current through Register Vol. 48, No. 38, September 20, 2024
a)
For purposes of this Section, the following definitions shall apply:
1) "Assigned obligation" means past due child
support or interest accrued on past due child support, or both, assigned to the
State under Section 10-1 of the Illinois Public Aid Code [305
ILCS 5/10-1] .
2) "Poverty line" means the level of income
equal to the official poverty line determined by the federal Office of
Management and Budget and revised annually in accordance with
42
USC 9902(2).
3) "Gross monthly income" means the total of
all monthly income from all sources, excluding child support and
maintenance.
b) The
Department shall agree to compromise assigned obligations under the program
when the responsible relative:
1) has gross
monthly income of no more than 250 percent of the poverty line;
2) owes an assigned obligation totaling at
least $500;
3) has an unassigned
current support obligation or owes unassigned past due child support, or both;
and
4) documents his or her
inability to comply with the order for support during the period in which
assigned obligations accrued by providing the Department with pay stubs,
federal income tax returns, records of financial institutions, or other
documents pertaining to that period.
c) A compromise agreement shall provide:
1) that the balance of the responsible
relative's child support account will be reduced by the amount of the assigned
obligation upon execution of the agreement;
2) that the responsible relative:
A) agrees to:
i) pay any current child support obligation
required under the order for support and specified periodic payments toward
satisfaction of unassigned past due child support for a period of six months
following account reduction; or
ii)
make a lump sum payment equal to six months of any such current child support
obligation and unassigned past due child support payments; and
B) agrees to make payments agreed
upon as a result of a payment plan entered into with the Department;
and
C) agrees to accrue no further
past due child support obligation during the six-month period following account
reduction;
3) that any
current support and unassigned past due child support obligation shall continue
to be enforceable in any manner provided for by law;
4) that the responsible relative's failure to
comply with the terms of the compromise agreement shall have the following
effect:
A) nullification of the
agreement;
B) reinstatement of the
assigned obligation to the responsible relative's account; and
C) prohibition of any future compromise
agreement with the responsible relative.
d) The Department will suspend a compromise
agreement and refrain from reinstating the assigned obligation to the
responsible relative's account if, during the six-month period after execution
of the agreement, the responsible relative files a written request for
suspension with the Department that includes documentation of the relative's
inability to comply with the agreement because of involuntary loss of
employment, temporary inability to work due to illness or injury,
incarceration, or other justifiable reason.
e) A suspension of a compromise agreement
under subsection (d) of this Section shall have a maximum duration of one year
during which period the responsible relative shall provide monthly reports to
the Department on progress toward resolution of the reason for suspension of
the agreement.
f) Upon resumption
of a compromise agreement suspended under subsection (d) of this Section, the
required six-month compliance period for payment of any current child support
obligation and unassigned past due support obligation shall commence
anew.
g) The Department shall
reduce the amount of the unreimbursed assistance balance in a case by the
amount of the assigned obligation compromised under this Section.
