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91_HB2773enr
HB2773 Enrolled LRB9103154SMdv
1 AN ACT concerning child support, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Public Aid Code is amended by
5 changing Sections 10-10.4 and 10-26 and adding Section
6 10-16.6 as follows:
7 (305 ILCS 5/10-10.4)
8 Sec. 10-10.4. Payment of Support to State Disbursement
9 Unit.
10 (a) As used in this Section:
11 "Order for support", "obligor", "obligee", and "payor"
12 mean those terms as defined in the Income Withholding for
13 Support Act, except that "order for support" shall not mean
14 orders providing for spousal maintenance under which there is
15 no child support obligation.
16 (b) Notwithstanding any other provision of this Code to
17 the contrary, each court or administrative order for support
18 entered or modified on or after October 1, 1999 shall require
19 that support payments be made to the State Disbursement Unit
20 established under Section 10-26 if:
21 (1) a party to the order is receiving child and
22 spouse support services under this Article X; or
23 (2) no party to the order is receiving child and
24 spouse support services, but the support payments are
25 made through income withholding.
26 (c) The Illinois Department shall provide notice to the
27 obligor and, where applicable, to the obligor's payor to make
28 Support payments shall be made to the State Disbursement Unit
29 if:
30 (1) the order for support was entered before
31 October 1, 1999, and a party to the order is receiving
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1 child and spouse support services under this Article X;
2 or
3 (2) the order for support was entered after January
4 1, 1994, no party to the order is receiving child and
5 spouse support services, and the support payments are
6 being made through income withholding.
7 (c-5) If no party to the order is receiving child and
8 spouse support services under this Article X, and the support
9 payments are not being made through income withholding, then
10 support payments shall be made as directed in the order for
11 support.
12 (c-10) Within 15 days after the effective date of this
13 amendatory Act of the 91st General Assembly, the Illinois
14 Department shall provide written notice to the clerk of the
15 circuit court, the obligor, and, where applicable, the
16 obligor's payor to make payments to the State Disbursement
17 Unit if:
18 (1) the order for support was entered before October
19 1, 1999, and a party to the order is receiving child and
20 spouse support services under this Article X; or
21 (2) no party to the order is receiving child and
22 spouse support services, and the support payments are
23 being made through income withholding.
24 (c-15) Within 15 days after the effective date of this
25 amendatory Act of the 91st General Assembly, the clerk of the
26 circuit court shall provide written notice to the obligor to
27 make payments directly to the clerk of the circuit court if
28 no party to the order is receiving child and spouse support
29 services under this Article X, the support payments are not
30 made through income withholding, and the order for support
31 requires support payments to be made directly to the clerk of
32 the circuit court.
33 (c-20) If the State Disbursement Unit receives a support
34 payment that was not appropriately made to the Unit under
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1 this Section, the Unit shall immediately return the payment
2 to the sender, including, if possible, instructions detailing
3 where to send the support payments.
4 (d) The notices notice required under subsections (c-10)
5 and (c-15) subsection (c) may be sent by ordinary mail,
6 certified mail, return receipt requested, facsimile
7 transmission, or other electronic process, or may be served
8 upon the obligor or payor using any method provided by law
9 for service of a summons. A copy of the notice shall be
10 provided to the obligee and, when the order for support was
11 entered by the court, to the clerk of the court.
12 (Source: P.A. 91-212, eff. 7-20-99.)
13 (305 ILCS 5/10-16.6 new)
14 Sec. 10-16.6. Electronic Funds Transfer Committee.
15 (a) The Director of Public Aid shall establish within
16 the Department an Electronic Funds Transfer Committee. The
17 Director or his or her designee shall be a member of the
18 committee and shall serve as chairperson of the committee.
19 The Director shall appoint 4 other members of the committee,
20 2 of whom shall represent employers in this State and 2 of
21 whom shall represent the banking industry in this State. The
22 administrator of the State Disbursement Unit established
23 under Section 10-26 shall be an ex officio member of the
24 committee.
25 (b) The committee shall study ways to modify or expand
26 the use of electronic funds transfers for the payment of
27 child support. The committee shall report its findings and
28 recommendations to the Governor and the General Assembly
29 before December 1, 2001.
30 (c) The committee is abolished on December 1, 2001.
31 (305 ILCS 5/10-26)
32 Sec. 10-26. State Disbursement Unit.
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1 (a) Effective October 1, 1999 the Illinois Department
2 shall establish a State Disbursement Unit in accordance with
3 the requirements of Title IV-D of the Social Security Act.
4 The Illinois Department shall enter into an agreement with a
5 State or local governmental unit or private entity to perform
6 the functions of the State Disbursement Unit as set forth in
7 this Section. The purpose of the State Disbursement Unit
8 shall be to collect and disburse support payments made under
9 court and administrative support orders:
10 (1) being enforced in cases in which child and
11 spouse support services are being provided under this
12 Article X; and
13 (2) in all cases in which the order for support was
14 entered after January 1, 1994, child and spouse support
15 services are not being provided under this Article X, and
16 in which support payments are made under the provisions
17 of the Income Withholding for Support Act.
18 (a-5) If the State Disbursement Unit receives a support
19 payment that was not appropriately made to the Unit under
20 this Section, the Unit shall immediately return the payment
21 to the sender, including, if possible, instructions detailing
22 where to send the support payments.
23 (b) All payments received by the State Disbursement
24 Unit:
25 (1) shall be deposited into an account obtained by
26 the State or local governmental unit or private entity,
27 as the case may be, and
28 (2) distributed and disbursed by the State
29 Disbursement Unit, in accordance with the directions of
30 the Illinois Department, pursuant to Title IV-D of the
31 Social Security Act and rules promulgated by the
32 Department.
33 (c) All support payments assigned to the Illinois
34 Department under Article X of this Code and rules promulgated
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1 by the Illinois Department that are disbursed to the Illinois
2 Department by the State Disbursement Unit shall be paid into
3 the Child Support Enforcement Trust Fund.
4 (d) If the agreement with the State or local
5 governmental unit or private entity provided for in this
6 Section is not in effect for any reason, the Department shall
7 perform the functions of the State Disbursement Unit as set
8 forth in this Section for a maximum of 12 months.
9 (e) By February 1, 2000, the Illinois Department shall
10 conduct at least 4 regional training and educational seminars
11 to educate the clerks of the circuit court on the general
12 operation of the State Disbursement Unit, the role of the
13 State Disbursement Unit, and the role of the clerks of the
14 circuit court in the collection and distribution of child
15 support payments.
16 (f) By March 1, 2000, the Illinois Department shall
17 conduct at least 4 regional educational and training seminars
18 to educate payors, as defined in the Income Withholding for
19 Support Act, on the general operation of the State
20 Disbursement Unit, the role of the State Disbursement Unit,
21 and the distribution of income withholding payments pursuant
22 to this Section and the Income Withholding for Support Act.
23 (Source: P.A. 91-212, eff. 7-20-99.)
24 Section 15. The Illinois Marriage and Dissolution of
25 Marriage Act is amended by changing Section 507.1 as follows:
26 (750 ILCS 5/507.1)
27 Sec. 507.1. Payment of Support to State Disbursement
28 Unit.
29 (a) As used in this Section:
30 "Order for support", "obligor", "obligee", and "payor"
31 mean those terms as defined in the Income Withholding for
32 Support Act, except that "order for support" shall not mean
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1 orders providing for spousal maintenance under which there is
2 no child support obligation.
3 (b) Notwithstanding any other provision of this Act to
4 the contrary, each order for support entered or modified on
5 or after October 1, 1999 shall require that support payments
6 be made to the State Disbursement Unit established under
7 Section 10-26 of the Illinois Public Aid Code if:
8 (1) a party to the order is receiving child and
9 spouse support services under Article X of the Illinois
10 Public Aid Code; or
11 (2) no party to the order is receiving child and
12 spouse support services, but the support payments are
13 made through income withholding.
14 (c) The Illinois Department of Public Aid shall provide
15 notice to the obligor and, where applicable, to the obligor's
16 payor to make Support payments shall be made to the State
17 Disbursement Unit if:
18 (1) the order for support was entered before
19 October 1, 1999, and a party to the order is receiving
20 child and spouse support services under Article X of the
21 Illinois Public Aid Code; or
22 (2) the order for support was entered after January
23 1, 1994, no party to the order is receiving child and
24 spouse support services, and the support payments are
25 being made through income withholding.
26 (c-5) If no party to the order is receiving child and
27 spouse support services under Article X of the Illinois
28 Public Aid Code, and the support payments are not made
29 through income withholding, then support payments shall be
30 made as directed by the order for support.
31 (c-10) Within 15 days after the effective date of this
32 amendatory Act of the 91st General Assembly, the Illinois
33 Department shall provide written notice to the clerk of the
34 circuit court, the obligor, and, where applicable, the
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1 obligor's payor to make payments to the State Disbursement
2 Unit if:
3 (1) the order for support was entered before October
4 1, 1999, and a party to the order is receiving child and
5 spouse support services under Article X of the Illinois
6 Public Aid Code; or
7 (2) no party to the order is receiving child and
8 spouse support services, and the support payments are
9 being made through income withholding.
10 (c-15) Within 15 days after the effective date of this
11 amendatory Act of the 91st General Assembly, the clerk of the
12 circuit court shall provide written notice to the obligor to
13 make payments directly to the clerk of the circuit court if
14 no party to the order is receiving child and spouse support
15 services under Article X of the Illinois Public Aid Code, the
16 support payments are not made through income withholding, and
17 the order for support requires support payments to be made
18 directly to the clerk of the circuit court.
19 (c-20) If the State Disbursement Unit receives a support
20 payment that was not appropriately made to the Unit under
21 this Section, the Unit shall immediately return the payment
22 to the sender, including, if possible, instructions detailing
23 where to send the support payment.
24 (d) The notices notice required under subsections (c-10)
25 and (c-15) subsection (c) may be sent by ordinary mail,
26 certified mail, return receipt requested, facsimile
27 transmission, or other electronic process, or may be served
28 upon the obligor or payor using any method provided by law
29 for service of a summons. The Illinois Department of Public
30 Aid shall provide a copy of the notice to the obligee and to
31 the clerk of the court.
32 (Source: P.A. 91-212, eff. 7-20-99.)
33 Section 20. The Uniform Interstate Family Support Act is
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1 amended by adding Section 320 as follows:
2 (750 ILCS 22/320 new)
3 Sec. 320. Payment of Support to State Disbursement Unit.
4 (a) As used in this Section:
5 "Order for support", "obligor", "obligee", and "payor"
6 mean those terms as defined in the Income Withholding for
7 Support Act, except that "order for support" means an order
8 entered by any tribunal of this State but shall not mean
9 orders providing for spousal maintenance under which there is
10 no child support obligation.
11 (b) Notwithstanding any other provision of this Act to
12 the contrary, each order for support entered or modified on
13 or after October 1, 1999 shall require that support payments
14 be made to the State Disbursement Unit established under
15 Section 10-26 of the Illinois Public Aid Code if:
16 (1) a party to the order is receiving child and
17 spouse support services under Article X of the Illinois
18 Public Aid Code; or
19 (2) no party to the order is receiving child and
20 spouse support services, but the support payments are
21 made through income withholding.
22 (c) Support payments shall be made to the State
23 Disbursement Unit if:
24 (1) the order for support was entered before October
25 1, 1999, and a party to the order is receiving child and
26 spouse support services under Article X of the Illinois
27 Public Aid Code; or
28 (2) no party to the order is receiving child and
29 spouse support services, and the support payments are
30 being made through income withholding.
31 (c-5) If no party to the order is receiving child and
32 spouse support services under Article X of the Illinois
33 Public Aid Code, and the support payments are not made
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1 through income withholding, then support payments shall be
2 made as directed by the order for support.
3 (c-10) Within 15 days after the effective date of this
4 amendatory Act of the 91st General Assembly, the Illinois
5 Department shall provide written notice to the clerk of the
6 circuit court, the obligor, and, where applicable, the
7 obligor's payor to make payments to the State Disbursement
8 Unit if:
9 (1) the order for support was entered before October
10 1, 1999, and a party to the order is receiving child and
11 spouse support services under Article X of the Illinois
12 Public Aid Code; or
13 (2) no party to the order is receiving child and
14 spouse support services, and the support payments are
15 being made through income withholding.
16 (c-15) Within 15 days after the effective date of this
17 amendatory Act of the 91st General Assembly, the clerk of the
18 circuit court shall provide written notice to the obligor to
19 make payments directly to the clerk of the circuit court if
20 no party to the order is receiving child and spouse support
21 services under Article X of the Illinois Public Aid Code, the
22 support payments are not made through income withholding, and
23 the order for support requires support payments to be made
24 directly to the clerk of the circuit court.
25 (c-20) If the State Disbursement Unit receives a support
26 payment that was not appropriately made to the Unit under
27 this Section, the Unit shall immediately return the payment
28 to the sender, including, if possible, instructions detailing
29 where to send the support payments.
30 (d) The notices required under subsections (c-10) and
31 (c-15) may be sent by ordinary mail, certified mail, return
32 receipt requested, facsimile transmission, or other
33 electronic process, or may be served upon the obligor or
34 payor using any method provided by law for service of a
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1 summons. The Illinois Department of Public Aid shall provide
2 a copy of the notice to the obligee and to the clerk of the
3 court.
4 Section 22. The Income Withholding for Support Act is
5 amended by changing Section 35 as follows:
6 (750 ILCS 28/35)
7 Sec. 35. Duties of payor.
8 (a) It shall be the duty of any payor who has been
9 served with an income withholding notice to deduct and pay
10 over income as provided in this Section. The payor shall
11 deduct the amount designated in the income withholding
12 notice, as supplemented by any notice provided pursuant to
13 subsection (f) of Section 45, beginning no later than the
14 next payment of income which is payable or creditable to the
15 obligor that occurs 14 days following the date the income
16 withholding notice was mailed, sent by facsimile or other
17 electronic means, or placed for personal delivery to or
18 service on the payor. The payor may combine all amounts
19 withheld for the benefit of an obligee or public office into
20 a single payment and transmit the payment with a listing of
21 obligors from whom withholding has been effected. The payor
22 shall pay the amount withheld to the State Disbursement Unit
23 within 7 business days after the date the amount would (but
24 for the duty to withhold income) have been paid or credited
25 to the obligor. If the payor knowingly fails to pay any
26 amount withheld to the State Disbursement Unit within 7
27 business days after the date the amount would have been paid
28 or credited to the obligor, the payor shall pay a penalty of
29 $100 for each day that the withheld amount is not paid to the
30 State Disbursement Unit after the period of 7 business days
31 has expired. The failure of a payor, on more than one
32 occasion, to pay amounts withheld to the State Disbursement
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1 Unit within 7 business days after the date the amount would
2 have been paid or credited to the obligor creates a
3 presumption that the payor knowingly failed to pay over the
4 amounts. This penalty may be collected in a civil action
5 which may be brought against the payor in favor of the
6 obligee or public office. A finding of a payor's
7 nonperformance within the time required under this Act must
8 be documented by a certified mail return receipt showing the
9 date the income withholding notice was served on the payor.
10 For purposes of this Act, a withheld amount shall be
11 considered paid by a payor on the date it is mailed by the
12 payor, or on the date an electronic funds transfer of the
13 amount has been initiated by the payor, or on the date
14 delivery of the amount has been initiated by the payor. For
15 each deduction, the payor shall provide the State
16 Disbursement Unit, at the time of transmittal, with the date
17 the amount would (but for the duty to withhold income) have
18 been paid or credited to the obligor.
19 After June 30, 2000, every payor that has 250 or more
20 employees shall use electronic funds transfer to pay all
21 amounts withheld under this Section. During the year 2001
22 and during each year thereafter, every payor that has fewer
23 than 250 employees and that withheld income under this
24 Section pursuant to 10 or more income withholding notices
25 during December of the preceding year shall use electronic
26 funds transfer to pay all amounts withheld under this
27 Section.
28 Upon receipt of an income withholding notice requiring
29 that a minor child be named as a beneficiary of a health
30 insurance plan available through an employer or labor union
31 or trade union, the employer or labor union or trade union
32 shall immediately enroll the minor child as a beneficiary in
33 the health insurance plan designated by the income
34 withholding notice. The employer shall withhold any required
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1 premiums and pay over any amounts so withheld and any
2 additional amounts the employer pays to the insurance carrier
3 in a timely manner. The employer or labor union or trade
4 union shall mail to the obligee, within 15 days of enrollment
5 or upon request, notice of the date of coverage, information
6 on the dependent coverage plan, and all forms necessary to
7 obtain reimbursement for covered health expenses, such as
8 would be made available to a new employee. When an order for
9 dependent coverage is in effect and the insurance coverage is
10 terminated or changed for any reason, the employer or labor
11 union or trade union shall notify the obligee within 10 days
12 of the termination or change date along with notice of
13 conversion privileges.
14 For withholding of income, the payor shall be entitled to
15 receive a fee not to exceed $5 per month to be taken from the
16 income to be paid to the obligor.
17 (b) Whenever the obligor is no longer receiving income
18 from the payor, the payor shall return a copy of the income
19 withholding notice to the obligee or public office and shall
20 provide information for the purpose of enforcing this Act.
21 (c) Withholding of income under this Act shall be made
22 without regard to any prior or subsequent garnishments,
23 attachments, wage assignments, or any other claims of
24 creditors. Withholding of income under this Act shall not be
25 in excess of the maximum amounts permitted under the federal
26 Consumer Credit Protection Act. If the payor has been served
27 with more than one income withholding notice pertaining to
28 the same obligor, the payor shall allocate income available
29 for withholding on a proportionate share basis, giving
30 priority to current support payments. If there is any income
31 available for withholding after withholding for all current
32 support obligations, the payor shall allocate the income to
33 past due support payments ordered in cases in which cash
34 assistance under the Illinois Public Aid Code is not being
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1 provided to the obligee and then to past due support payments
2 ordered in cases in which cash assistance under the Illinois
3 Public Aid Code is being provided to the obligee, both on a
4 proportionate share basis. A payor who complies with an
5 income withholding notice that is regular on its face shall
6 not be subject to civil liability with respect to any
7 individual, any agency, or any creditor of the obligor for
8 conduct in compliance with the notice.
9 (d) No payor shall discharge, discipline, refuse to hire
10 or otherwise penalize any obligor because of the duty to
11 withhold income.
12 (Source: P.A. 90-673, eff. 1-1-99; 91-212, eff. 7-20-99.)
13 Section 25. The Illinois Parentage Act of 1984 is
14 amended by changing Section 21.1 as follows:
15 (750 ILCS 45/21.1)
16 Sec. 21.1. Payment of Support to State Disbursement Unit.
17 (a) As used in this Section:
18 "Order for support", "obligor", "obligee", and "payor"
19 mean those terms as defined in the Income Withholding for
20 Support Act, except that "order for support" shall not mean
21 orders providing for spousal maintenance under which there is
22 no child support obligation.
23 (b) Notwithstanding any other provision of this Act to
24 the contrary, each order for support entered or modified on
25 or after October 1, 1999 shall require that support payments
26 be made to the State Disbursement Unit established under
27 Section 10-26 of the Illinois Public Aid Code if:
28 (1) a party to the order is receiving child and
29 spouse support services under Article X of the Illinois
30 Public Aid Code; or
31 (2) no party to the order is receiving child and
32 spouse support services, but the support payments are
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1 made through income withholding.
2 (c) The Illinois Department of Public Aid shall provide
3 notice to the obligor and, where applicable, to the obligor's
4 payor to make Support payments shall be made to the State
5 Disbursement Unit if:
6 (1) the order for support was entered before October
7 1, 1999, and a party to the order is receiving child and
8 spouse support services under Article X of the Illinois
9 Public Aid Code; or
10 (2) the order for support was entered after January
11 1, 1994, no party to the order is receiving child and
12 spouse support services, and the support payments are
13 being made through income withholding.
14 (c-5) If no party to the order is receiving child and
15 spouse support services under Article X of the Illinois
16 Public Aid Code, and the support payments are not made
17 through income withholding, then support payments shall be
18 made as directed by the order for support.
19 (c-10) Within 15 days after the effective date of this
20 amendatory Act of the 91st General Assembly, the Illinois
21 Department shall provide written notice to the clerk of the
22 circuit court, the obligor, and, where applicable, the
23 obligor's payor to make payments to the State Disbursement
24 Unit if:
25 (1) the order for support was entered before October
26 1, 1999, and a party to the order is receiving child and
27 spouse support services under Article X of the Illinois
28 Public Aid Code; or
29 (2) no party to the order is receiving child and
30 spouse support services, and the support payments are
31 being made through income withholding.
32 (c-15) Within 15 days after the effective date of this
33 amendatory Act of the 91st General Assembly, the clerk of the
34 circuit court shall provide written notice to the obligor to
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1 make payments directly to the clerk of the circuit court if
2 no party to the order is receiving child and spouse support
3 services under Article X of the Illinois Public Aid Code, the
4 support payments are not made through income withholding, and
5 the order for support requires support payments to be made
6 directly to the clerk of the circuit court.
7 (c-20) If the State Disbursement Unit receives a support
8 payment that was not appropriately made to the Unit under
9 this Section, the Unit shall immediately return the payment
10 to the sender, including, if possible, instructions detailing
11 where to send the support payments.
12 (d) The notices notice required under subsections (c-10)
13 and (c-15) subsection (c) may be sent by ordinary mail,
14 certified mail, return receipt requested, facsimile
15 transmission, or other electronic process, or may be served
16 upon the obligor or payor using any method provided by law
17 for service of a summons. The Illinois Department of Public
18 Aid shall provide a copy of the notice to the obligee and to
19 the clerk of the court.
20 (Source: P.A. 91-212, eff. 7-20-99.)
21 Section 99. Effective date. This Act takes effect upon
22 becoming law.
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