Illinois General Assembly - Full Text of SB0044
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Full Text of SB0044  93rd General Assembly

SB0044eng 93rd General Assembly


SB44 Engrossed                       LRB093 02022 DRJ 02022 b

 1        AN ACT  in relation to child support.

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

 4        Section 5.  The  Collection  Agency  Act  is  amended  by
 5    changing Section 2.04 as follows:

 6        (225 ILCS 425/2.04) (from Ch. 111, par. 2005.1)
 7        (Section scheduled to be repealed on January 1, 2006)
 8        Sec. 2.04.  Child support indebtedness.
 9        (a)  Persons, associations, partnerships, or corporations
10    engaged   in   the   business  of  collecting  child  support
11    indebtedness owing under a court order as provided under  the
12    Illinois   Public   Aid   Code,  the  Illinois  Marriage  and
13    Dissolution of Marriage Act, the Non-Support  of  Spouse  and
14    Children  Act,  the  Non-Support Punishment Act, the Illinois
15    Parentage Act of 1984, or similar laws of  other  states  are
16    not  restricted  (i)  in  the  frequency  of  contact with an
17    obligor who is in arrears, whether by phone, mail,  or  other
18    means, (ii) from contacting the employer of an obligor who is
19    in arrears, (iii) from publishing or threatening to publish a
20    list   of  obligors  in  arrears,  (iv)  from  disclosing  or
21    threatening  to  disclose  an  arrearage  that  the   obligor
22    disputes,  but for which a verified notice of delinquency has
23    been served under the Income Withholding for Support Act  (or
24    any  of  its  predecessors,  Section  10-16.2 of the Illinois
25    Public Aid Code, Section 706.1 of the Illinois  Marriage  and
26    Dissolution  of  Marriage Act, Section 4.1 of the Non-Support
27    of Spouse and Children  Act,  Section  26.1  of  the  Revised
28    Uniform  Reciprocal Enforcement of Support Act, or Section 20
29    of the Illinois Parentage Act of 1984), or (v) from  engaging
30    in conduct that would not cause a reasonable person mental or
31    physical illness.  For purposes of this subsection, "obligor"
SB44 Engrossed              -2-      LRB093 02022 DRJ 02022 b
 1    means  an  individual  who  owes  a  duty  to  make  periodic
 2    payments,  under  a  court order, for the support of a child.
 3    "Arrearage" means the total amount  of  an  obligor's  unpaid
 4    child support obligations.
 5        (a-5)  A  collection  agency  may  not  impose  a  fee or
 6    charge, including  costs,  for  any  child  support  payments
 7    collected   through   the   efforts   of  a  State  or  local
 8    governmental agency.
 9        (a-10)  A collection agency  may  not  impose  a  fee  or
10    charge,  including costs, for the collection of child support
11    payments that exceeds 25% of  the  amount  of  child  support
12    actually collected by the collection agency.
13        (b)  The   Department  shall  adopt  rules  necessary  to
14    administer and enforce the provisions of this Section.
15    (Source: P.A. 90-673, eff. 1-1-99; 91-613, eff. 10-1-99.)