Public Act 93-0294
SB1503 Enrolled LRB093 03861 LCB 11544 b
AN ACT concerning child support.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Income Withholding for Support Act is
amended by changing Section 35 as follows:
(750 ILCS 28/35)
Sec. 35. Duties of payor.
(a) It shall be the duty of any payor who has been
served with an income withholding notice to deduct and pay
over income as provided in this Section. The payor shall
deduct the amount designated in the income withholding
notice, as supplemented by any notice provided pursuant to
subsection (f) of Section 45, beginning no later than the
next payment of income which is payable or creditable to the
obligor that occurs 14 days following the date the income
withholding notice was mailed, sent by facsimile or other
electronic means, or placed for personal delivery to or
service on the payor. The payor may combine all amounts
withheld for the benefit of an obligee or public office into
a single payment and transmit the payment with a listing of
obligors from whom withholding has been effected. The payor
shall pay the amount withheld to the State Disbursement Unit
within 7 business days after the date the amount would (but
for the duty to withhold income) have been paid or credited
to the obligor. If the payor knowingly fails to withhold the
amount designated in the income withholding notice or to pay
any amount withheld to the State Disbursement Unit within 7
business days after the date the amount would have been paid
or credited to the obligor, then the payor shall pay a
penalty of $100 for each day that the withheld amount
designated in the income withholding notice (whether or not
withheld by the payor) is not paid to the State Disbursement
Unit after the period of 7 business days has expired. The
failure of a payor, on more than one occasion, to pay amounts
withheld to the State Disbursement Unit within 7 business
days after the date the amount would have been paid or
credited to the obligor creates a presumption that the payor
knowingly failed to pay over the amounts. This penalty may
be collected in a civil action which may be brought against
the payor in favor of the obligee or public office. A finding
of a payor's nonperformance within the time required under
this Act must be documented by a certified mail return
receipt showing the date the income withholding notice was
served on the payor. For purposes of this Act, a withheld
amount shall be considered paid by a payor on the date it is
mailed by the payor, or on the date an electronic funds
transfer of the amount has been initiated by the payor, or on
the date delivery of the amount has been initiated by the
payor. For each deduction, the payor shall provide the State
Disbursement Unit, at the time of transmittal, with the date
the amount would (but for the duty to withhold income) have
been paid or credited to the obligor.
After June 30, 2000, every payor that has 250 or more
employees shall use electronic funds transfer to pay all
amounts withheld under this Section. During the year 2001 and
during each year thereafter, every payor that has fewer than
250 employees and that withheld income under this Section
pursuant to 10 or more income withholding notices during
December of the preceding year shall use electronic funds
transfer to pay all amounts withheld under this Section.
Upon receipt of an income withholding notice requiring
that a minor child be named as a beneficiary of a health
insurance plan available through an employer or labor union
or trade union, the employer or labor union or trade union
shall immediately enroll the minor child as a beneficiary in
the health insurance plan designated by the income
withholding notice. The employer shall withhold any required
premiums and pay over any amounts so withheld and any
additional amounts the employer pays to the insurance carrier
in a timely manner. The employer or labor union or trade
union shall mail to the obligee, within 15 days of enrollment
or upon request, notice of the date of coverage, information
on the dependent coverage plan, and all forms necessary to
obtain reimbursement for covered health expenses, such as
would be made available to a new employee. When an order for
dependent coverage is in effect and the insurance coverage is
terminated or changed for any reason, the employer or labor
union or trade union shall notify the obligee within 10 days
of the termination or change date along with notice of
conversion privileges.
For withholding of income, the payor shall be entitled to
receive a fee not to exceed $5 per month to be taken from the
income to be paid to the obligor.
(b) Whenever the obligor is no longer receiving income
from the payor, the payor shall return a copy of the income
withholding notice to the obligee or public office and shall
provide information for the purpose of enforcing this Act.
(c) Withholding of income under this Act shall be made
without regard to any prior or subsequent garnishments,
attachments, wage assignments, or any other claims of
creditors. Withholding of income under this Act shall not be
in excess of the maximum amounts permitted under the federal
Consumer Credit Protection Act. Income available for
withholding shall be applied first to the current support
obligation, then to any premium required for employer, labor
union, or trade union-related health insurance coverage
ordered under the order for support, and then to payments
required on past-due support obligations. If there is
insufficient available income remaining to pay the full
amount of the required health insurance premium after
withholding of income for the current support obligation,
then the remaining available income shall be applied to
payments required on past-due support obligations. If the
payor has been served with more than one income withholding
notice pertaining to the same obligor, the payor shall
allocate income available for withholding on a proportionate
share basis, giving priority to current support payments. A
payor who complies with an income withholding notice that is
regular on its face shall not be subject to civil liability
with respect to any individual, any agency, or any creditor
of the obligor for conduct in compliance with the notice.
(d) No payor shall discharge, discipline, refuse to hire
or otherwise penalize any obligor because of the duty to
withhold income.
(Source: P.A. 91-212, eff. 7-20-99; 91-677, eff. 1-5-00;
92-590, eff. 7-1-02.)