93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB5372


 
Introduced 02/06/04, by Michael J. Madigan
 
SYNOPSIS AS INTRODUCED:
 		













750 ILCS 5/507
  from Ch. 40, par. 507







    Amends the Illinois Marriage and Dissolution of Marriage Act. Makes a stylistic
change in provisions concerning the payment of support or maintenance to the
clerk of the circuit court.
















LRB093 17048 DRJ 42712 b

















 


 


A BILL FOR









 











HB5372

LRB093 17048 DRJ 42712 b






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    AN ACT concerning child 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 Marriage and Dissolution of 
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Marriage Act is amended
by changing Section 507 as follows:


 
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    (750 ILCS 5/507)  (from Ch. 40, par. 507)

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    Sec. 507. Payment of maintenance or support to court.


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    (a) In actions instituted under this Act, the court shall 
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order that
maintenance and support payments be made to the 
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clerk of the circuit court
as
trustee for
remittance to the 
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person entitled to receive the payments.  However, the court
in 
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its discretion may direct otherwise where circumstances so 
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warrant.


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    Upon notification in writing or by electronic transmission 
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from the
Illinois Department of Public Aid to the clerk of the 
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court that a person who
is receiving support payments under 
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this Section is receiving services under
the Child Support 
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Enforcement Program established by Title IV-D of the Social

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Security Act, any support payments subsequently received by the 
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clerk of the
court shall be transmitted in accordance with the 
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instructions of the Illinois
Department of Public Aid until the 
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Department gives notice to the clerk of the
court to cease the 
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transmittal.
After providing the notification authorized under 
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this paragraph, the
Illinois Department of Public Aid shall be 
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entitled as a party to notice of any
further proceedings in the 
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case.  The clerk of the court shall file a copy of
the Illinois 
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Department of Public Aid's notification in the court file.  The

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failure of the clerk to file a copy of the notification in the 
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court file shall
not, however, affect the Illinois Department 
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of Public Aid's right to receive
notice of further proceedings.


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    (b) The clerk of court shall maintain records listing the 
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amount of
payments, the date payments are required to be made 
 


 






HB5372
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LRB093 17048 DRJ 42712 b




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and the names and
addresses of the parties affected by the 
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order. For those cases in which
support is payable to the clerk 
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of the circuit court for transmittal to
the Illinois Department 
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of Public Aid by order of the court or upon
notification of the 
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Illinois Department of Public Aid, and the Illinois
Department 
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of Public Aid collects support by assignment, offset, 
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withholding,
deduction or other process permitted by law, the 
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Illinois Department shall
notify the clerk of the date and 
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amount of such collection. Upon notification,
the clerk shall 
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record the collection on the payment record for the case.


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    (c) The parties affected by the order shall inform the 
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clerk of
court of any change of address or of other condition 
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that may affect the
administration of the order.


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    (d) The provisions of this Section shall not apply to cases 
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that come
under the provisions of Sections 709 through 712.


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    (e) To the extent the provisions of this Section are 
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inconsistent with the
requirements pertaining to the State 
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Disbursement Unit under Section 507.1 of
this Act and Section 
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10-26 of the Illinois Public Aid Code, the requirements

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pertaining to the State Disbursement Unit shall apply.


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(Source: P.A. 90-18, eff. 7-1-97; 90-673, eff. 1-1-99; 90-790, 
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eff. 8-14-98;
91-212, eff. 7-20-99; 91-357, eff. 7-29-99.)