§103.25. Establishment of Support Obligations

Except in Title IV-D cases where support obligations shall be established in accordance with 89 Illinois Administrative Code 160.60, the Department shall establish a responsible relative's obligation to support in the following manner:

 

a)         A notice of obligation to support, a return envelope, and a statement of the responsible relative's rights and responsibilities are sent to the responsible relative via certified mail, return receipt requested.

 

1)         If the responsible relative does not respond to the notice within thirty days, the Department will issue a subpoena for records.

 

2)         If the responsible relative submits the necessary income records within thirty days, the Department determines the responsible relative's ability to support in accordance with Section 103.20.

 

b)         If the determination indicates there is no obligation, the case is closed.

 

c)         If the determination indicates there is an obligation to support, determination is made as to the amount of the obligation.

 

d)         If a support obligation exists, the Department sends a notice of support due to the responsible relative via registered or certified mail directing payment of the obligation.

 

e)         If the responsible relative fails to pay within thirty days of issuance of the notice of support due, the Department sends an Administrative Support Order via registered or certified mail.  The responsible relative is notified of his or her right to petition for release from or modification of the Administrative Support Order within 30 days of the date of its mailing.

 

(Source:  Amended at 26 Ill. Reg. ______, effective ____________)