HB4169 101ST GENERAL ASSEMBLY

LRB101 15268 KTG 64443 b

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.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning civil law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Code of Civil Procedure is amended by changing Section 12-109 as follows:

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

Sec. 12-109. Interest on judgments.

(a) Every judgment except those arising by operation of law from child support orders shall bear interest thereon as provided in Section 2-1303.

(b)(1) Except as provided in paragraph (2), every Every judgment arising by operation of law from a child support order shall bear interest as provided in this subsection. The interest on judgments arising by operation of law from child support orders shall be calculated by applying one-twelfth of the current statutory interest rate as provided in Section 2-1303 to the unpaid child support balance as of the end of each calendar month. The unpaid child support balance at the end of the month is the total amount of child support ordered, excluding the child support that was due for that month to the extent that it was not paid in that month and including judgments for retroactive child support, less all payments received and applied as set forth in this subsection. The accrued interest shall not be included in the unpaid child support balance when calculating interest at the end of the month. The unpaid child support balance as of the end of each month shall be determined by calculating the current monthly child support obligation and applying all payments received for that month, except federal income tax refund intercepts, first to the current monthly child support obligation and then applying any payments in excess of the current monthly child support obligation to the unpaid child support balance owed from previous months. The current monthly child support obligation shall be determined from the document that established the support obligation. Federal income tax refund intercepts and any payments in excess of the current monthly child support obligation shall be applied to the unpaid child support balance. Any payments in excess of the current monthly child support obligation and the unpaid child support balance shall be applied to the accrued interest on the unpaid child support balance. Interest on child support obligations may be collected by any means available under federal and State law, rules, and regulations providing for the collection of child support.

(2) If the right to child support for a child has been assigned by a recipient of aid under Article III, IV, V, or VI of the Illinois Public Aid Code to the Department of Healthcare and Family Services under Article X of 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.

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