SB3078 103RD GENERAL ASSEMBLY

LRB103 37956 JRC 68088 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3078

Introduced 2/2/2024, by Sen. Laura M. Murphy

SYNOPSIS AS INTRODUCED:

750 ILCS 28/40

Amends the Income Withholding for Support Act. Allows the obligor, at any time, to provide evidence of a change in circumstances to the Department of Healthcare and Family Services through an online portal. Provides that, if the Department determines that the obligor is entitled to relief under the modification provisions of this Act, the Department shall petition the court on behalf of the obligor.

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 Income Withholding for Support Act is amended by changing Section 40 as follows:

(750 ILCS 28/40)

Sec. 40. Petitions to contest withholding or to modify, suspend, terminate, or correct income withholding notices.

(a) When an obligor files a petition to contest withholding, the court, after due notice to all parties, shall hear the matter as soon as practicable and shall enter an order granting or denying relief, ordering service of an amended income withholding notice, where applicable, or otherwise resolving the matter.

The court shall deny the obligor's petition if the court finds that when the income withholding notice was mailed, sent by facsimile transmission or other electronic means, or placed for personal delivery to or service on the payor:

(1) a delinquency existed; or

(2) the parties' written agreement providing an alternative arrangement to immediate withholding under subsection (a) of Section 20 no longer ensured payment of support.

(b) At any time, an obligor, obligee, public office or Clerk of the Circuit Court may petition the court to:

(1) modify, suspend or terminate the income withholding notice because of a modification, suspension or termination of the underlying order for support; or

(2) modify the amount of income to be withheld to reflect payment in full or in part of the delinquency or arrearage by income withholding or otherwise; or

(3) suspend the income withholding notice because of inability to deliver income withheld to the obligee due to the obligee's failure to provide a mailing address or other means of delivery.

(b-5) At any time, an obligor may provide evidence of a change in circumstances to the Department of Healthcare and Family Services through an online portal. If the Department determines that the obligor satisfies (1), (2), or (3) in subsection (b), the Department shall petition the court for the obligor.

(c) At any time an obligor may petition the court to correct a term contained in an income withholding notice to conform to that stated in the underlying order for support for:

(1) the amount of current support;

(2) the amount of the arrearage;

(3) the periodic amount for payment of the arrearage; or

(4) the periodic amount for payment of the delinquency.

(d) The obligor, obligee or public office shall serve on the payor, in the manner provided for service of income withholding notices in subsection (g) of Section 20, a copy of any order entered pursuant to this Section that affects the duties of the payor.

(e) At any time, a public office or Clerk of the Circuit Court may serve a notice on the payor to:

(1) cease withholding of income for payment of current support for a child when the support obligation for that child has automatically ceased under the order for support through emancipation or otherwise; or

(2) cease withholding of income for payment of delinquency or arrearage when the delinquency or arrearage has been paid in full.

(f) The notice provided for under subsection (e) of this Section shall be served on the payor in the manner provided for service of income withholding notices in subsection (g) of Section 20, and a copy shall be provided to the obligor and the obligee.

(g) The income withholding notice shall continue to be binding upon the payor until service of an amended income withholding notice or any order of the court or notice entered or provided for under this Section.

(Source: P.A. 90-673, eff. 1-1-99.)