In 2007, Illinois enacted the most comprehensive package of legislation effecting child support enforcement since the introduction of mandatory child support withholdings through the State Disbursement Unit. This package of legislation was backed by the child support enforcement community such as the Illinois Attorney General. This legislation gave the Department of Healthcare and Family Services (HFS) Division of Child Support, the ability to use more aggressive enforcement tools to collect child support payments. It added administrative suspension of Illinois driving privileges and allowed municipalities to immobilize vehicles for certain child support debtors to the list of enforcement actions available. The legislation also add severance pay to the definition of income for wage withholding purposes and authorizes parents and their legal representatives to review case records.” The downside to the legislation was that review was limited to Administrative Review.
Then, in July 2011, new legislation was signed into law, PA 97-016, that continued to make child support enforcement easier (and more administrative). It adds the language just about every place possible within a variety of statutes. It provides that a lien arises by operation of law: “Notwithstanding any other State or local law to the contrary, a lien arises by operation of law against … [e.g., the real and personal property of the noncustodial parent for each installment of overdue support owed by the noncustodial parent.]”
Here the Gitlin Law Firm reviewed the various laws that have made child support enforcement in Illinois easier over the past two decades.
