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Illinois Compiled Statutes

305 ILCS 5/10-1 (2026)

Declaration of public policy; persons eligible for child support enforcement services; fees for non-applicants and non-recipients

✓ current as of May 2026
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(305 ILCS 5/10-1) (from Ch. 23, par. 10-1)
    Sec. 10-1. Declaration of public policy; persons eligible for child support enforcement services; fees for non-applicants and non-recipients. It is the intent of this Code that the financial aid and social welfare services herein provided supplement rather than supplant the primary and continuing obligation of the family unit for self-support to the fullest extent permitted by the resources available to it. This primary and continuing obligation applies whether the family unit of parents and children or of husband and wife remains intact and resides in a common household or whether the unit has been broken by absence of one or more members of the unit. The obligation of the family unit is particularly applicable when a member is in necessitous circumstances and lacks the means of a livelihood compatible with health and well-being.
    It is the purpose of this Article to provide for locating an absent parent or spouse, for determining his financial circumstances, and for enforcing his legal obligation of support, if he is able to furnish support, in whole or in part. The Department of Healthcare and Family Services shall give priority to establishing, enforcing, and collecting the current support obligation, and then to past due support owed to the family unit, except with respect to collections effected through the intercept programs provided for in this Article. The establishment or enforcement actions provided in this Article do not require a previous court order for custody/allocation of parental responsibilities.
    The child support enforcement services provided hereunder shall be furnished dependents of an absent parent or spouse who are applicants for or recipients of financial aid under this Code. It is not, however, a condition of eligibility for financial aid that there be no responsible relatives who are reasonably able to provide support. Nor, except as provided in Sections 4-1.7 and 10-8, shall the existence of such relatives or their payment of support contributions disqualify a needy person for financial aid.
    By accepting financial aid under this Code, a spouse or a parent or other person having physical or legal custody of a child shall be deemed to have made assignment to the Illinois Department for aid under Articles III, IV, V, and VII or to a local governmental unit for aid under Article VI of any and all rights, title, and interest in any support obligation, including statutory interest thereon, up to the amount of financial aid provided. The rights to support assigned to the Department of Healthcare and Family Services (formerly Illinois Department of Public Aid) or local governmental unit shall constitute an obligation owed the State or local governmental unit by the person who is responsible for providing the support, and shall be collectible under all applicable processes.
    The Department of Healthcare and Family Services shall also furnish the child support enforcement services established under this Article in behalf of persons who are not applicants for or recipients of financial aid under this Code in accordance with the requirements of Title IV, Part D of the Social Security Act. The Department may establish a schedule of reasonable fees, to be paid for the services provided and may deduct a collection fee, not to exceed 10% of the amount collected, from such collection. The Department of Healthcare and Family Services shall cause to be published and distributed publications reasonably calculated to inform the public that individuals who are not recipients of or applicants for public aid under this Code are eligible for the child support enforcement services under this Article X. Such publications shall set forth an explanation, in plain language, that the child support enforcement services program is independent of any public aid program under the Code and that the receiving of child support enforcement services in no way implies that the person receiving such services is receiving public aid.
(Source: P.A. 102-541, eff. 8-20-21; 102-813, eff. 5-13-22.)

    
Notes of Decisions
Cited in 25 cases (3 in the last 5 years), 1995–2025 · leading case: In Re Marriage of Lappe, 680 N.E.2d 380 (Ill. 1997).
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In Re Marriage of Lappe, 680 N.E.2d 380 (Ill. 1997). · cites it 6× “The Department sought to intervene on behalf of Larry Lappe, the custodial parent of the divorced couple's unemancipated minor child, pursuant to sections 10-1 and 10-10 of the Public Aid Code (305 ILCS 5/10-1, 10-10 (West 1994)). The Department also filed a petition on Larry's…”
Poindexter v. State Ex Rel. Dept., 869 N.E.2d 139 (Ill. App. Ct. 2007). · cites it 4× “§ 1396r-5 (2000)) preempted the spousal-support provisions of article X of the Illinois Public Aid Code (305 ILCS 5/10-1 through 10-27 (West 2004)).”
Stockton v. Oldenburg, 713 N.E.2d 259 (Ill. App. Ct. 1999). · cites it 2× “If a father can be ordered to pay child support retroactive to the date of the child's birth, ordering him to pay lost wages would be a form of maintenance for the mother.”
Ralda-Sanden v. Sanden, 2013 IL App (1st) 121117 (Ill. App. Ct. 2013). “” 305 ILCS 5/10-1 (West 2010). This assigned right is considered a collectible obligation owed the State or local governmental unit by the person responsible and is “collectible under all applicable processes.”
Dep't of Healthcare & Fam. Servs. ex rel. Nieto v. Arevalo, 2016 IL App (2d) 150504 (Ill. App. Ct. 2017). · cites it 4× “¶ 29 The Department contends that a duty of support exists under the Illinois Public Aid Code (305 ILCS 5/10-1 et seq. (West 2014)). The purpose of the Public Aid Code is to “assist in the alleviation and prevention of poverty and thereby to protect and promote the health and…”
In re T.P.S., 2012 IL App (5th) 120176 (Ill. App. Ct. 2012). “1, 14 (West 2010)), in the Non-Support Punishment Act (750 ILCS 16/20 (West 2010)), in the Uniform Interstate Family Support Act (750 ILCS 22/401 (West 2010)), and in the Illinois Public Aid Code (305 ILCS 5/10-1 to 10-28 (West 2010)). However, in analyzing whether the…”
In re Marriage of Benink, 2018 IL App (2d) 170175 (Ill. App. Ct. 2019). “*** The provisions of subparagraph (a)(2)(A) shall apply only in cases in which a party is receiving child support enforcement services *** under Article X of the Illinois Public Aid Code [(305 ILCS 5/10-1 et seq. (West 2016))] ***.”
Dep't of Healthcare & Fam. Servs. ex rel. Nieto v. Arevalo, 2016 IL App (2d) 150504 (Ill. App. Ct. 2016). · cites it 4× “¶8 In reply, respondent contended that there was no Mexican court order to be enforced in Illinois; the UIFSA was not the sole remedy; and the Illinois Public Aid Code (305 ILCS 5/10-1 (West 2014)) governed the issue of whether Nora could receive “child support services” from…”
Jacobson v. Dep't of Pub. Aid, 646 N.E.2d 949 (Ill. App. Ct. 1995). · cites it 2× “" (305 ILCS 5/10-1 (West 1992).) We agree with the plaintiffs, however, that "[t]he maintenance and strengthening of the family unit [is also] a principal consideration in the administration of [the] Code.”
In re Marriage of Benink, 2018 IL App (2d) 170175 (Ill. App. Ct. 2018). “* * * The provisions of subparagraph (a)(2)(A) shall apply only in cases in which a party is receiving child support enforcement services * * * under Article X of the Illinois Public Aid Code [ ( 305 ILCS 5/10-1 et seq. (West 2016) ) ] * * *.”
People Ex Rel. Greene v. Young, 854 N.E.2d 300 (Ill. App. Ct. 2006). “See 305 ILCS 5/10-1 (West 2004) (a person having custody of a child who accepts financial aid under articles III, IV, V, and VII of the Illinois Public Aid Code is deemed to have assigned to the IDPA any right, title, and interest in any support obligation up to the amount…”
People ex rel. Dep't of Healthcare & Fam. Servs. ex rel. Moyo v. Chakona, 2020 IL App (2d) 190918 (Ill. App. Ct. 2020). “(2018)) and the Illinois Public Aid Code (305 ILCS 5/10-1 et seq. (West 2018)). The petition sought a finding that respondent is L.”
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