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| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 SB1169 Introduced 1/30/2013, by Sen. Pat McGuire SYNOPSIS AS INTRODUCED: |
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Amends the Income Withholding for Support Act. Removes language providing that an income withholding notice shall include the date that withholding for current support terminates,
which shall be the date of termination of the current support obligation set
forth in the order for support. Effective immediately.
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| | A BILL FOR |
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1 | | AN ACT concerning civil law.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Income Withholding for Support Act is |
5 | | amended by changing Section 20 as follows:
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6 | | (750 ILCS 28/20)
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7 | | Sec. 20. Entry of order for support containing income |
8 | | withholding
provisions; income withholding notice. |
9 | | (a) In addition to any content required under other laws, |
10 | | every order for
support entered on or after July 1, 1997, |
11 | | shall:
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12 | | (1) Require an income withholding notice to be prepared |
13 | | and served
immediately upon any payor of the obligor by the |
14 | | obligee or public office,
unless a written agreement is |
15 | | reached between and signed by both parties
providing for an |
16 | | alternative arrangement, approved and entered into the |
17 | | record
by the court, which ensures payment of support. In |
18 | | that case, the order for
support shall provide that an |
19 | | income withholding notice is to be prepared and
served only |
20 | | if the obligor becomes delinquent in paying the order for |
21 | | support;
and
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22 | | (2) Contain a dollar amount to be paid until payment in |
23 | | full of any
delinquency that accrues after entry of the |
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1 | | order for support. The amount for
payment of delinquency |
2 | | shall not be less than 20% of the total of the current
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3 | | support amount and the amount to be paid periodically for |
4 | | payment of any
arrearage stated in the order for support; |
5 | | and
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6 | | (3) Include the obligor's Social Security Number, |
7 | | which the obligor shall
disclose to the court. If the |
8 | | obligor is not a United States citizen, the
obligor shall |
9 | | disclose to the court, and the court shall include in the |
10 | | order
for support, the obligor's alien registration |
11 | | number, passport number, and home
country's social |
12 | | security or national health number, if
applicable.
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13 | | (b) At the time the order for support is entered, the Clerk |
14 | | of the Circuit
Court shall provide a copy of the order to the |
15 | | obligor and shall make copies
available to the obligee and |
16 | | public office.
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17 | | (c) The income withholding notice shall:
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18 | | (1) be in the standard format prescribed by the federal |
19 | | Department of
Health and Human Services; and
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20 | | (1.1) state the date of entry of the order for support |
21 | | upon which the
income withholding notice is based; and
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22 | | (2) direct any payor to withhold the dollar amount |
23 | | required for current
support under the order for support; |
24 | | and
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25 | | (3) direct any payor to withhold the dollar amount |
26 | | required to be paid
periodically under the order for |
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1 | | support for payment of the amount of any
arrearage stated |
2 | | in the order for support; and
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3 | | (4) direct any payor or labor union or trade union to |
4 | | enroll a child as a
beneficiary of a health insurance plan |
5 | | and withhold or cause to be withheld, if
applicable, any |
6 | | required premiums; and
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7 | | (5) state the amount of the payor income withholding |
8 | | fee specified under
this Section; and
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9 | | (6) state that the amount actually withheld from the |
10 | | obligor's income for
support and other purposes, including |
11 | | the payor withholding fee specified under
this Section, may |
12 | | not be in excess of the maximum amount permitted under the
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13 | | federal Consumer Credit Protection Act; and
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14 | | (7) in bold face type, the size of which
equals the |
15 | | largest type on the notice, state the duties of the payor |
16 | | and the fines and penalties for failure
to withhold and pay |
17 | | over income and for discharging, disciplining, refusing to
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18 | | hire, or otherwise penalizing the obligor because of the |
19 | | duty to withhold and
pay over income under this Section; |
20 | | and
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21 | | (8) state the rights, remedies, and duties of the |
22 | | obligor under this
Section; and
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23 | | (9) include the Social Security number of the obligor; |
24 | | and
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25 | | (10) (blank) include the date that withholding for |
26 | | current support terminates,
which shall be the date of |
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1 | | termination of the current support obligation set
forth in |
2 | | the order for support ; and
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3 | | (11) contain the signature of the obligee or
the |
4 | | printed name and telephone number of the authorized
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5 | | representative of the public office, except that the |
6 | | failure to contain the
signature of the obligee or the |
7 | | printed name and telephone number of
the authorized |
8 | | representative of the public office shall not
affect the |
9 | | validity of the income withholding
notice; and
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10 | | (12) direct any payor to pay over amounts withheld for |
11 | | payment of support
to the State Disbursement Unit.
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12 | | (d) The accrual of a delinquency as a condition for service |
13 | | of an income
withholding notice, under the exception to |
14 | | immediate withholding in subsection
(a) of this Section, shall |
15 | | apply only to the initial service of an income
withholding |
16 | | notice on a payor of the obligor.
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17 | | (e) Notwithstanding the exception to immediate withholding |
18 | | contained in
subsection (a) of this Section, if the court finds |
19 | | at the time of any hearing
that an arrearage has accrued, the |
20 | | court shall order immediate service of an
income withholding |
21 | | notice upon the payor.
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22 | | (f) If the order for support, under the exception to |
23 | | immediate withholding
contained in subsection (a) of this |
24 | | Section, provides that an income
withholding notice is to be |
25 | | prepared and served only if the obligor becomes
delinquent in |
26 | | paying the order for support, the obligor may execute a written
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1 | | waiver of that condition and request immediate service on the |
2 | | payor.
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3 | | (g) The obligee or public office may serve the income |
4 | | withholding notice on
the payor or its superintendent, manager, |
5 | | or other agent by ordinary mail or
certified mail return |
6 | | receipt requested, by facsimile transmission or other
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7 | | electronic means, by personal delivery, or by any method |
8 | | provided by law for
service of a summons. At the time of |
9 | | service on the payor and as notice that
withholding has |
10 | | commenced, the obligee or public office shall serve a copy of
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11 | | the income withholding notice on the obligor by ordinary mail |
12 | | addressed to his
or her last known address. A copy of an income |
13 | | withholding notice and proof of service shall be filed with the |
14 | | Clerk of the Circuit Court only when necessary in connection |
15 | | with a petition to contest, modify, suspend, terminate, or |
16 | | correct an income withholding notice, an action to enforce |
17 | | income withholding against a payor, or the resolution of other |
18 | | disputes involving an income withholding notice. The changes |
19 | | made to this subsection by this amendatory Act of the 96th |
20 | | General Assembly apply on and after September 1, 2009.
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21 | | (h) At any time after the initial service of an income |
22 | | withholding notice,
any other payor of the obligor may be |
23 | | served with the same income
withholding notice without further |
24 | | notice to the obligor.
A copy of the income withholding notice |
25 | | together with a proof of service on
the other payor shall be |
26 | | filed with the Clerk of the Circuit Court.
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1 | | (i) New service of an income withholding notice is not |
2 | | required in order to
resume withholding of income in the case |
3 | | of an obligor with respect to whom an
income withholding notice |
4 | | was previously served on the payor if withholding of
income was |
5 | | terminated because of an interruption in the obligor's |
6 | | employment of
less than 180 days.
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7 | | (Source: P.A. 96-858, eff. 1-8-10; 97-994, eff. 8-17-12.)
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8 | | Section 99. Effective date. This Act takes effect upon |
9 | | becoming law.
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