State Budget Crisis: Kane County Will Temporarily Front Costs of Child-Support Collection Services
The Kane County Board voted Tuesday (May 10, 2016) to temporarily front the costs of child-support-collection services, a program whose funding has been held back due to the state budget impasse.
The board voted Tuesday to authorize temporary funding for the required legal services in child support enforcement in the form of an interfund loan from the Emergency Reserve Fund to the Title IV Fund in an amount not to exceed $975,000.
The interfund loan is sufficient to fund the program through June 30, 2017, and shall be repaid immediately upon receipt of the proceeds of the Title IV-D grant revenue from the state.
The State’s Attorney’s Office contract with the state is for $655,000 annually. Because of federal law, the state pays one-third of that money, and the federal government pays the other two-thirds. The state’s delinquency prevents the county from collecting the federal government funding for the program.
Twelve other counties in Illinois have similar arrangements.
“Here’s hoping our lawmakers in Springfield come through with the money so we can continue to provide this important service to single parents in Kane County,” the State’s Attorney’s Office said on its Facebook page.
Last year, the staff in the SAO’s Child Support Unit collected about $25.7 million in back child support. That money was used by single-parent families to pay rent and mortgages, and purchase food, clothing and school supplies.
“Much of that money remained in the Kane County economy, benefiting everyone,” the SAO said in a post on its Facebook page. “It is important that this service continue, and that our staff be given the opportunity to provide it, as we have for roughly 30 years.”
Officials said Tuesday that the county has not received a payment from the state for about a year. However, officials expect the county will receive the full amount the state owes once the budget impasse is resolved.
“In order for us to continue these services, I’m asking you to fund until such time as the state is able to reimburse Kane County for the funds,” Kane County State’s Attorney Joe McMahon said to the County Board on Tuesday.
Several County Board members expressed concern that the state might not pay the bill, leaving Kane County with the financial burden.
County Board member and Judicial & Public Safety Committee Chair Cristina Castro said she supported Kane County’s initiative to temporarily fund the child-support collection services.
“The state has fallen in their obligation,” she said. “But the fact is, if we don’t fund this, it will create chaos in the court system.”
McMahon said that, if Kane County lawyers were taken out of the program, the responsibility would fall on the Illinois Attorney General’s Office.
Sixteenth Circuit Chief Judge Susan Clancy Boles told the County Board that the immediate impacts would be delayed court cases in the short run followed by long-range staffing and logistics issues. She estimated that the number of court cases would rise from about 7,200 to more than 12,000, and the average wait time for a hearing would go from seven to days to as much as 10 to 11 weeks.
Kane County State’s Attorney’s Office Child Support Division
SOURCE: Kane County State’s Attorney’s Office website
The Kane County State’s Attorney’s Office provides legal representation to the Illinois Department of Healthcare and Family Services under the authority of Title IV-D of the Social Security Act and the Illinois Public Aid Code.
To receive assistance with your child support enforcement, you must sign up with HFS for the Title IV-D Program. The program can help you establish paternity, set support, modify support, extend support or file pleadings to address the nonpayment of support. By law, the Kane County State’s Attorney’s Office cannot intervene in a child support case if the case is not registered with HFS.
Any custodial or noncustodial parent is eligible for the Title IV-D Program regardless of the income they earn.
To set up a case, click this link, download the form and follow the instructions. Or you can call 1-800-447-4278 and HFS will send you a form.
When you have completed the form, if you live in Kane, DuPage or Lake County, mail it to: Illinois Department of Human Services, Aurora Region, 280 E. Indian Trail, Aurora, IL 60505-1733.
For additional information, visit the Illinois Child Support Enforcement website, or call 1-800-447-4278 (TTY: 1-800-526-5812).
Kane County Child Support and Maintenance
SOURCE: Kane County Circuit Clerk’s Office website
Child Support and Maintenance payments cannot be paid online. You may either send a check or money order to the Clerk of the Circuit Court, 540 S. Randall Road, St. Charles, IL 60174 or you may make payments in our office of the same address. Credit cards are also accepted, but a 4.75 percent convenience fee ($2 minimum) will be added to the total.
Payments for any cases that involve Healthcare and Family Services must go through the State Disbursement Unit (SDU) at PO Box 5400, Carol Stream, IL 60197-5400.
Any time child support is ordered, whether through the Kane County Clerk’s Office or not, a Support Order form must be used and filled out completely. The Circuit Clerk’s Office does not serve employers with the Notice of Withholding. Orders to Show Cause entered on a child support case will be certified at no cost. Recipients may sign up for the Child Support Enforcement Program through Health Care and Family Services Title IV-D.
After signing up for services, the Kane County State’s Attorney’s Office is responsible for the enforcement of child support.The Circuit Clerk’s Office is responsible for record keeping on the case. If income withholding is ordered on a case, payments must be sent by the Employer to the State Disbursement Unit (SDU).
The Circuit Clerk’s Office may not process these payments. Any disputes on support balances must be put in writing on the Kane County Child Support Case Dispute form. One audit per year may be done if there have been changes to the terms of support that would affect the balances. Annual fees must be current before an audit will be conducted.
RESOLUTION NO. 16 – 161
AUTHORIZING FUNDING OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE ILLINOIS DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES AND THE KANE COUNTY STATE’S ATTORNEY
WHEREAS, the Illinois Department of Healthcare and Family Services (hereafter “HFS”) administers the Child Support Enforcement program under Title X of the Illinois Public Health Code (305 ILCS 5/10-1 et seq.) and Title IV-D of the Social Security Act (42 U.S.C. 651 et seq.); and
WHEREAS, HFS seeks legal services in child support enforcement for the fiscal year 2017 in the County of Kane; and
WHEREAS, the Kane County State’s Attorney has provided those legal services in child support enforcement to HFS in prior years and desires to continue providing those services for the citizens of Kane County; and
WHEREAS, pursuant to the authority granted by Article VII, Section 10 of the 1970 Illinois Constitution and the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq., HFS, the County of Kane, and the Kane County State’s Attorney are authorized to enter into an agreement to provide the required legal services in child support enforcement; and
WHEREAS, the Kane County Board has authorized the execution of an intergovernmental agreement for the Kane County State’s Attorney to provide the required legal services in child support enforcement.
NOW, THEREFORE, BE IT RESOLVED by the Kane County Board, temporary funding for the executed intergovernmental agreement for the provisions of legal services in child support enforcement will be provided for state fiscal years 2016 and 2017 (July 1, 2015 through June 30, 2017) in the form of an interfund loan from the Emergency Reserve Fund to the Title IV Fund not to exceed $975,000. This interfund loan will be repaid immediately upon receipt of the proceeds of the Title IV-D grant revenue from the State of Illinois. This interfund loan will replace the $310,000 Emergency Line of Credit from the General Fund to the Title IV Fund that was previously authorized by Resolution No. 16-106 on April 12, 2016.
This interfund loan shall be disbursed from the Emergency Reserve Fund to the Title IV Fund according to the following schedule:
- May 10, 2016 — $310,000
- July 1, 2016 — $166,250
- Oct.1, 2016 — $166,250
- Jan. 1, 2017 — $166,250
- April 1, 2017 — $166,250