101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4169
 
Introduced 1/22/2020, by Rep. Lawrence Walsh, Jr.
 
SYNOPSIS AS INTRODUCED:
 

 



735 ILCS 5/12-109  from Ch. 110, par. 12-109

     Amends the Code of Civil Procedure. Provides that, if the right to child support for a child has been assigned by a recipient of aid under specified provisions of the Illinois Public Aid Code to the Department of Healthcare and Family Services under the Illinois Public Aid Code, interest on child support obligations for that child  shall cease to accrue on the date the child reaches the age of 18 years.
  


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FISCAL NOTE ACT MAY APPLY
 
 
A BILL FOR
 

  
HB4169LRB101 15268 KTG 64443 b


  
1    AN ACT concerning civil law.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Code of Civil Procedure is amended  by 
5changing Section 12-109 as follows:
 



6    (735 ILCS 5/12-109)  (from Ch. 110, par. 12-109)



7    Sec. 12-109. Interest on judgments. 
8    (a) Every judgment except those
arising by operation of law 
9from child support orders shall bear interest
thereon as 
10provided in Section 2-1303.  
11    (b)(1) Except as provided in paragraph (2), every  Every 
12judgment arising by
operation of law from a child support order 
13shall bear interest as provided
in this subsection. The 
14interest  on judgments arising by operation of law from child 
15support orders shall be calculated by applying one-twelfth of 
16the current statutory interest rate as provided in Section 
172-1303 to the unpaid child support balance as of the end of 
18each calendar month. The unpaid child support balance at the 
19end of the month is the total amount of child support ordered, 
20excluding the child support that was due for that month to the 
21extent that it was not paid in that month and including 
22judgments for retroactive child support, less all payments 
23received and applied as set forth in this subsection.  The 
 
 
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1accrued interest shall  not be included in the unpaid child 
2support balance when calculating interest at the end of the 
3month. The unpaid child support balance as of the end of each 
4month shall be determined by calculating the current monthly 
5child support obligation and applying all payments received for 
6that month, except federal income tax refund intercepts, first 
7to the current monthly child support obligation and then 
8applying any payments in excess of the current monthly child 
9support obligation to the unpaid child support balance owed 
10from previous months.  The current monthly child support 
11obligation shall be determined from the document that 
12established the support obligation.  Federal income tax refund 
13intercepts and any payments in excess of the current monthly 
14child support obligation shall be applied to the unpaid child 
15support balance.  Any payments in excess of the current monthly 
16child support obligation and the unpaid child support balance 
17shall be applied to the accrued interest on the unpaid child 
18support balance.  Interest on child support obligations may be 
19collected by any means available under federal and State law, 
20rules, and regulations providing for the collection of child 
21support. 
22    (2) If the right to child support for a child has been 
23assigned by a recipient of aid under Article III, IV, V, or VI 
24of the Illinois Public Aid Code to the Department of Healthcare 
25and Family Services under Article X of the Illinois Public Aid 
26Code, interest on child support obligations for that child  
 
 
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1shall cease to accrue on the date the child reaches the age of 
218 years. 

3(Source: P.A. 101-336, eff. 8-9-19.)