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Public Act 095-0468
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| HB0619 Enrolled |
LRB095 07308 DRJ 27447 b |
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AN ACT in relation to child support.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Income Withholding for Support Act is |
amended by changing Section 50 as follows:
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(750 ILCS 28/50)
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Sec. 50. Penalties.
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(a) Where a payor wilfully fails to withhold or pay
over |
income pursuant to a properly served income withholding notice, |
or
wilfully discharges,
disciplines, refuses to hire or |
otherwise penalizes an obligor as
prohibited by Section 40, or |
otherwise fails to comply with any
duties
imposed by this Act, |
the obligee, public office or obligor, as
appropriate, may file |
a complaint with the court against the payor. The
Clerk of the |
Circuit Court shall notify the obligee or public office, as
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appropriate, and the obligor and payor of the time and place of |
the hearing
on the complaint. The court shall resolve any |
factual dispute including,
but not limited to, a denial that |
the payor is paying or has paid income to
the obligor. Upon a |
finding in favor of the complaining party, the court:
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(1) shall enter judgment and direct the enforcement |
thereof for
the total amount that the payor wilfully failed |
to withhold or pay over; and
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(2) may order employment or reinstatement of or |
restitution to the
obligor, or both, where the obligor has |
been discharged, disciplined,
denied employment or |
otherwise penalized by the payor and may impose a fine
upon |
the payor not to exceed $200.
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(b) Any obligee, public office or obligor who wilfully |
initiates a false
proceeding under this Act or who wilfully |
fails to comply with
the
requirements of this Act shall be |
punished as in cases of
contempt
of court.
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(c) Any officer or employee of any payor subject to the |
provisions of this Act who has the control, supervision, or |
responsibility for withholding and paying over income pursuant |
to an income withholding notice properly served on the payor |
and who wilfully fails to withhold or pay over income as |
required under the income withholding notice shall be |
personally liable for a penalty equal to the total amount that |
was not withheld or paid over by the payor. Only where the |
employer has incurred sums due under this Section and is unable |
to pay such amounts may personal liability attach to a |
responsible officer or employee who has willfully failed to |
withhold and pay over income as required under the income |
withholding notice. The personal liability imposed by this |
subsection shall survive the dissolution of a partnership, |
limited liability company, or corporation. For the purposes of |
this subsection, "officer or employee of any payor" includes a |
partner of a partnership, a manager or member of a limited |