97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5494

 

Introduced 2/15/2012, by Rep. Daniel V. Beiser

 

SYNOPSIS AS INTRODUCED:
 
305 ILCS 5/10-6.5 new
750 ILCS 28/21 new

    Amends the Illinois Public Aid Code and the Income Withholding for Support Act. Provides that when determining a responsible relative's ability to provide support, the Department of Healthcare and Family Services shall use its subpoena power to obtain a copy of the relative's most recent Federal Income Tax return to verify all sources of income. Provides that if it is determined upon receipt of the relative's most recent Federal Income Tax return that the responsible relative receives income from more than one employer, the Department shall serve an income withholding notice upon each of the relative's employers pursuant to the Income Withholding for Support Act. Provides that to ensure against a responsible relative's overpayment when more than one employer has been served with an income withholding notice, the Department shall assess the relative's support obligation among the multiple income withholding orders on a proportionate basis. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5494LRB097 17512 KTG 62716 b

1    AN ACT concerning public aid.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Public Aid Code is amended by
5adding Section 10-6.5 as follows:
 
6    (305 ILCS 5/10-6.5 new)
7    Sec. 10-6.5. Verification of employment; multiple income
8withholding orders. When determining a responsible relative's
9ability to provide support, the Department shall use its
10subpoena power as set forth in this Article to obtain a copy of
11the relative's most recent Federal Income Tax return to verify
12all sources of income. If it is determined upon receipt of the
13relative's most recent Federal Income Tax return that the
14responsible relative receives income from more than one
15employer, the Department shall serve an income withholding
16notice upon each of the relative's employers pursuant to the
17Income Withholding for Support Act. To ensure against a
18responsible relative's overpayment when more than one employer
19has been served with an income withholding notice, the
20Department shall assess the relative's support obligation
21among the multiple income withholding orders on a proportionate
22basis.
 

 

 

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1    Section 10. The Income Withholding for Support Act is
2amended by adding Section 21 as follows:
 
3    (750 ILCS 28/21 new)
4    Sec. 21. Verification of employment; multiple income
5withholding orders. When determining a obligor's ability to pay
6child support, the Department of Healthcare and Family
7Services, as the Title IV-D Agency, shall use its subpoena
8power as set forth in Section 10-13.6 of the Illinois Public
9Aid Code to obtain a copy of the obligor's most recent Federal
10Income Tax return to verify all sources of income. If it is
11determined upon receipt of the obligor's most recent Federal
12Income Tax return that the obligor receives income from more
13than one employer, the Department shall serve an income
14withholding notice upon each of the obligor's employers
15pursuant to this Act. To ensure against an obligor's
16overpayment when more than one employer has been served with an
17income withholding notice, the Department shall assess the
18obligor's support obligation among the multiple income
19withholding orders on a proportionate basis.
 
20    Section 99. Effective date. This Act takes effect upon
21becoming law.