Synopsis As Introduced Amends the Illinois Public Aid Code. Provides that before a court or the Department of Healthcare and Family Services' Child and Spouse Support Unit enters an order for support, the court or Unit must determine whether another order has been entered requiring the responsible relative to contribute to the support of the person requiring support. Provides that if the court or the Child and Spouse Support Unit determines that another such order has been entered, the court or Unit must ensure that its order does not require the responsible relative to make any payment of support that duplicates a payment required under the other order. Effective immediately.
Replaces everything after the enacting clause. Amends the Income Withholding for Support Act. Provides that any officer or employee of any payor subject to the provisions of the Act who has the control, supervision, or responsibility for withholding and paying over income pursuant to an income withholding notice properly served on the payor and who wilfully fails to withhold or pay over income as required under the income withholding notice shall be personally liable for a penalty equal to the total amount that was not withheld or paid over by the payor. Provides that this personal liability shall survive the dissolution of a partnership, limited liability company, or corporation.
Senate Committee Amendment No. 1 Provides that only where the employer has incurred sums due under the income withholding penalty provisions and is unable to pay such amounts may personal liability attach to a responsible officer or employee who has willfully failed to withhold and pay over income as required under the income withholding notice.