93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4680


 
Introduced 02/04/04, by James H. Meyer
 
SYNOPSIS AS INTRODUCED:
 		













305 ILCS 5/10-10.4










    Amends the Illinois Public Aid Code.  Makes a technical change in a Section
concerning the payment of support to the State Disbursement Unit.



















LRB093 20156 DRJ 45901 b




















 


 


A BILL FOR









 














HB4680

LRB093 20156 DRJ 45901 b









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    AN ACT in relation to support. 

 
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    Be it enacted by the People of the State of Illinois, 
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represented in the General Assembly: 


 
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    Section 5. The Illinois Public Aid Code is amended by 
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changing
Section 10-10.4 as follows:


 
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    (305 ILCS 5/10-10.4)

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    Sec. 10-10.4. Payment of support
Support to State 
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Disbursement Unit.


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    (a) As used in this Section:


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    "Order for support", "obligor", "obligee", and "payor" 
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mean those terms as
defined in the Income Withholding for 
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Support Act, except that "order for
support" shall not mean 
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orders providing for spousal maintenance under which
there is 
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no child support obligation.


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    (b) Notwithstanding any other provision of this Code to the 
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contrary, each
court or administrative order for support 
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entered or modified on or after
October 1, 1999 shall require 
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that support payments be made to the State
Disbursement Unit 
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established under Section 10-26 if:


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        (1) a party to the order is receiving child support

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    enforcement services
under this Article X; or


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        (2) no party to the order is receiving child support

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    enforcement services,
but the support payments are made 
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    through income withholding.


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    (c) Support payments shall be made
to the State 
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Disbursement Unit if:


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        (1) the order for support was entered before October 1, 
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    1999, and a party
to the order is receiving child support 
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    enforcement services
under this Article X; or


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        (2) no party to the order is receiving child support 
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    enforcement services, and the support
payments are being 
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    made through income withholding.


 


 









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    (c-5) If no party to the order is receiving child support

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enforcement services under this Article X, and the support 
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payments are not
being made
through income withholding, then 
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support payments shall be made as directed in
the order for 
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support.


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    (c-10) At any time, and notwithstanding the existence of an 
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order
directing payments
to be made elsewhere, the Department 
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of Public Aid may provide notice to the
obligor and, where 
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applicable, to the obligor's payor:


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        (1) to make support payments to the State Disbursement 
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    Unit if:


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            (A) a party to the order for support is receiving 
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        child support
enforcement services under this Article 
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        X; or


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            (B) no party to the order for support is receiving 
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        child support
enforcement services under this Article 
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        X, but the support payments are
made through income 
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        withholding; or


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        (2) to make support payments to the State Disbursement 
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    Unit of another
state upon request of another state's Title 
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    IV-D child support enforcement
agency, in accordance with 
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    the requirements of Title IV, Part D of the Social
Security 
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    Act and regulations promulgated under that Part D.


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    (c-15) Within 15 days after the effective date of this 
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amendatory Act of the
91st General Assembly, the clerk of the 
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circuit court shall provide written
notice to the obligor to 
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make payments
directly to the clerk of the circuit court if no 
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party to the order is
receiving child
support enforcement 
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services under this Article X, the support payments are
not 
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made
through income withholding, and the order for support 
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requires support payments
to
be made
directly to the clerk of 
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the
circuit court.


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    (c-20) If the State Disbursement Unit receives a support 
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payment that was
not
appropriately made to the Unit under this 
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Section, the Unit shall immediately
return the
payment to the 
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sender, including, if possible, instructions detailing where 
 


 









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to
send the support payments.


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    (d) The notices under subsections (c-10) and
(c-15) may be 
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sent by ordinary
mail, certified mail, return receipt 
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requested, facsimile transmission, or
other electronic 
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process, or may be served upon the obligor or payor using any

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method provided by law for service of a summons.  A copy of the 
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notice shall be
provided to the obligee and, when the order for 
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support
was entered by the court, to the clerk of the court.


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(Source: P.A. 91-212, eff. 7-20-99; 91-677, eff. 1-5-00; 
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92-590, eff. 7-1-02.)