Rep. Patricia Reid Lindner
Filed: 3/13/2008
 
 

 




 

 		












09500HB4291ham001

LRB095 15309 DRJ 48329 a






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AMENDMENT TO HOUSE BILL 4291




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    AMENDMENT NO. ______. Amend House Bill 4291 by replacing 
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everything after the enacting clause with the following:

 
 
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    "Section 5. The Illinois Public Aid Code is amended  by 
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adding Section 10-29 as follows:
 
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    (305 ILCS 5/10-29  new)
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    Sec. 10-29. Child's majority; refund of support 
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overpayment.
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    (a) In this Section, "order for support" and "obligor" mean 
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those terms as
defined in the Income Withholding for Support 
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Act, except that "order for
support" does not mean an order 
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providing for spousal maintenance under which
there is no child 
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support obligation.
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    (b) If (i) the Department of Healthcare and Family Services 
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collects child support from an obligor pursuant to an order for 
 


 






09500HB4291ham001
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LRB095 15309 DRJ 48329 a




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support, (ii) the obligor complies with all of the requirements 
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of the order for support and does not incur any arrearage in 
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the payment of child support, (iii) the child attains 18 years 
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of age or graduates from high school and the obligation to pay 
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child support under the order terminates, (iv) the Department 
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of Healthcare and Family Services continues to collect child 
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support from the obligor after the child attains 18 years of 
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age or graduates from high school and the obligation to pay 
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child support under the order has terminated and no arrearage 
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exists, and (v) the Department of Healthcare and Family 
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Services learns of the possible wrongful collection of child 
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support, then the Department shall conduct an investigation to 
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determine whether such a wrongful collection occurred and, if 
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it determines that such a wrongful collection occurred and was 
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the fault of the Department, then the Department must refund to 
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the obligor all amounts of child support collected from the 
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obligor after the obligation to pay child support under the 
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order terminated. The Department must make the refund to the 
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obligor within 60 days after the Department determines that the 
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wrongful collection of child support occurred.".