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