Full Text of HB0785 94th General Assembly
HB0785 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB0785
Introduced 2/2/2005, by Rep. Cynthia Soto SYNOPSIS AS INTRODUCED: |
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305 ILCS 5/10-10 |
from Ch. 23, par. 10-10 |
305 ILCS 5/10-28 new |
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750 ILCS 5/507 |
from Ch. 40, par. 507 |
750 ILCS 5/517 new |
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750 ILCS 5/705 |
from Ch. 40, par. 705 |
750 ILCS 5/709 |
from Ch. 40, par. 709 |
750 ILCS 16/25 |
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750 ILCS 45/21 |
from Ch. 40, par. 2521 |
750 ILCS 45/28 new |
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Amends the Illinois Public Aid Code, the Illinois Marriage and Dissolution of Marriage Act, the Non-Support Punishment Act, and the Illinois Parentage Act of 1984. Replaces a provision concerning notice to a circuit clerk that a person is receiving child support enforcement services from the Department of Public Aid and requiring the clerk to send support payments in accordance with the Department's instructions. Provides that the Department of Public Aid may provide notice at any time to the parties to a support action that the Department is providing child support enforcement services. Provides that the Department is thereafter entitled to notice of further court proceedings. Requires the Department to provide the circuit clerk with copies of the notices sent to the parties.
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A BILL FOR
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HB0785 |
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LRB094 03694 DRJ 33699 b |
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| AN ACT concerning child support.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Public Aid Code is amended by | 5 |
| changing Section 10-10 and by adding Section 10-28 as follows:
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| (305 ILCS 5/10-10) (from Ch. 23, par. 10-10)
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| Sec. 10-10. Court enforcement; applicability also to | 8 |
| persons who are
not applicants or recipients. Except where the | 9 |
| Illinois Department, by
agreement, acts for the local | 10 |
| governmental unit, as provided in Section
10-3.1, local | 11 |
| governmental units shall refer to the State's Attorney or
to | 12 |
| the proper legal representative of the governmental unit, for
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| judicial enforcement as herein provided, instances of | 14 |
| non-support or
insufficient support when the dependents are | 15 |
| applicants or recipients
under Article VI. The Child and Spouse | 16 |
| Support Unit
established by Section 10-3.1 may institute in | 17 |
| behalf of the Illinois
Department any actions under this | 18 |
| Section for judicial enforcement of
the support liability when | 19 |
| the dependents are (a) applicants or
recipients under Articles | 20 |
| III, IV, V or VII; (b) applicants or recipients
in a local | 21 |
| governmental unit when the Illinois Department, by agreement,
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| acts for the unit; or (c) non-applicants or non-recipients who | 23 |
| are
receiving child support enforcement services under this | 24 |
| Article X, as
provided
in Section 10-1. Where the Child and | 25 |
| Spouse Support Unit has exercised
its option and discretion not | 26 |
| to apply the provisions of Sections 10-3 through
10-8, the | 27 |
| failure by the Unit to apply such provisions shall not be a bar
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| to bringing an action under this Section.
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| Action shall be brought in the circuit court to obtain | 30 |
| support, or
for the recovery of aid granted during the period | 31 |
| such support was not
provided, or both for the obtainment of | 32 |
| support and the recovery of the
aid provided. Actions for the |
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HB0785 |
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LRB094 03694 DRJ 33699 b |
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| recovery of aid may be taken separately
or they may be | 2 |
| consolidated with actions to obtain support. Such
actions may | 3 |
| be brought in the name of the person or persons requiring
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| support, or may be brought in the name of the Illinois | 5 |
| Department or the
local governmental unit, as the case | 6 |
| requires, in behalf of such persons.
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| The court may enter such orders for the payment of moneys | 8 |
| for the
support of the person as may be just and equitable and | 9 |
| may direct
payment thereof for such period or periods of time | 10 |
| as the circumstances
require, including support for a period | 11 |
| before the date the order for support
is entered. The order may | 12 |
| be entered against any or all of the defendant
responsible | 13 |
| relatives and may be based upon the proportionate ability of
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| each to contribute to the person's support.
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| The Court shall determine the amount of child support | 16 |
| (including child
support for a period before the date the order | 17 |
| for child support is entered)
by
using the
guidelines and | 18 |
| standards set forth in subsection (a) of Section 505 and in
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| Section 505.2 of the Illinois Marriage and Dissolution of | 20 |
| Marriage Act.
For purposes of determining the amount of child | 21 |
| support to be paid for a
period before the date the order for | 22 |
| child support is entered, there is a
rebuttable
presumption | 23 |
| that the responsible relative's net income for that period was | 24 |
| the
same as his or her net income at the time the order is | 25 |
| entered.
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| If (i) the responsible relative was properly served with a | 27 |
| request for
discovery of
financial information relating to the | 28 |
| responsible relative's ability to provide
child support, (ii)
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| the responsible relative failed to comply with the request, | 30 |
| despite having been
ordered to
do so by the court, and (iii) | 31 |
| the responsible relative is not present at the
hearing to
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| determine support despite having received proper notice, then | 33 |
| any relevant
financial
information concerning the responsible | 34 |
| relative's ability to provide child
support
that was
obtained | 35 |
| pursuant to subpoena and proper notice shall be admitted into | 36 |
| evidence
without
the need to establish any further foundation |
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HB0785 |
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LRB094 03694 DRJ 33699 b |
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| for its admission.
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| An order entered under this Section shall include a | 3 |
| provision requiring
the obligor to report to the obligee and to | 4 |
| the clerk of court within 10 days
each time the obligor obtains | 5 |
| new employment, and each time the obligor's
employment is | 6 |
| terminated for any reason.
The report shall be in writing and | 7 |
| shall, in the case of new employment,
include the name and | 8 |
| address of the new employer.
Failure to report new employment | 9 |
| or
the termination of current employment, if coupled with | 10 |
| nonpayment of support
for a period in excess of 60 days, is | 11 |
| indirect criminal contempt. For
any obligor arrested for | 12 |
| failure to report new employment bond shall be set in
the | 13 |
| amount of the child support that should have been paid during | 14 |
| the period of
unreported employment. An order entered under | 15 |
| this Section shall also include
a provision requiring the | 16 |
| obligor and obligee parents to advise each other of a
change in | 17 |
| residence within 5 days of the change
except when the court | 18 |
| finds that the physical, mental, or emotional health
of a party | 19 |
| or that of a minor child, or both, would be seriously | 20 |
| endangered by
disclosure of the party's address.
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| The Court shall determine the amount of maintenance using | 22 |
| the standards
set forth in Section 504 of the Illinois Marriage | 23 |
| and Dissolution of Marriage
Act.
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| Any new or existing support order entered by the court | 25 |
| under this
Section shall be deemed to be a series of judgments | 26 |
| against the person
obligated to pay support thereunder, each | 27 |
| such judgment to be in the amount
of each payment or | 28 |
| installment of support and each such judgment to be
deemed | 29 |
| entered as of the date the corresponding payment or installment
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| becomes due under the terms of the support order. Each such | 31 |
| judgment shall
have the full force, effect and attributes of | 32 |
| any other judgment of this
State, including the ability to be | 33 |
| enforced. Any such judgment is subject
to modification or | 34 |
| termination only in accordance with Section 510 of the
Illinois | 35 |
| Marriage and Dissolution of Marriage Act.
A lien arises by | 36 |
| operation of law against the real and personal property of
the |
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LRB094 03694 DRJ 33699 b |
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| noncustodial parent for each
installment of overdue support | 2 |
| owed by the noncustodial parent.
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| When an order is entered for the support of a minor, the | 4 |
| court may
provide therein for reasonable visitation of the | 5 |
| minor by the person or
persons who provided support pursuant to | 6 |
| the order. Whoever willfully
refuses to comply with such | 7 |
| visitation order or willfully interferes
with its enforcement | 8 |
| may be declared in contempt of court and punished
therefor.
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| Except where the local governmental unit has entered into | 10 |
| an
agreement with the Illinois Department for the Child and | 11 |
| Spouse Support
Unit to act for it, as provided in Section | 12 |
| 10-3.1, support orders
entered by the court in cases involving | 13 |
| applicants or recipients under
Article VI shall provide that | 14 |
| payments thereunder be made
directly to the local governmental | 15 |
| unit. Orders for the support of all
other applicants or | 16 |
| recipients shall provide that payments thereunder be
made | 17 |
| directly to the Illinois Department.
In accordance with federal | 18 |
| law and regulations, the Illinois Department may
continue to | 19 |
| collect current maintenance payments or child support | 20 |
| payments, or
both, after those persons cease to receive public | 21 |
| assistance and until
termination of services under Article X. | 22 |
| The Illinois Department shall pay the
net amount collected to | 23 |
| those persons after deducting any costs incurred in
making
the | 24 |
| collection or any collection fee from the amount of any | 25 |
| recovery made. In both cases the order shall permit the local
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| governmental unit or the Illinois Department, as the case may | 27 |
| be, to direct
the responsible relative or relatives to make | 28 |
| support payments directly to
the needy person, or to some | 29 |
| person or agency in his behalf, upon removal
of the person from | 30 |
| the public aid rolls or upon termination of services under
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| Article X.
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| If the notice of support due issued pursuant to Section | 33 |
| 10-7 directs
that support payments be made directly to the | 34 |
| needy person, or to some
person or agency in his behalf, and | 35 |
| the recipient is removed from the
public aid rolls, court | 36 |
| action may be taken against the responsible
relative hereunder |
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HB0785 |
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LRB094 03694 DRJ 33699 b |
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| if he fails to furnish support in accordance with the
terms of | 2 |
| such notice.
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| Actions may also be brought under this Section in behalf of | 4 |
| any
person who is in need of support from responsible | 5 |
| relatives, as defined
in Section 2-11 of Article II who is not | 6 |
| an applicant for or recipient
of financial aid under this Code. | 7 |
| In such instances, the State's
Attorney of the county in which | 8 |
| such person resides shall bring action
against the responsible | 9 |
| relatives hereunder. If the Illinois
Department, as authorized | 10 |
| by Section 10-1, extends the child support
enforcement
services
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| provided by this Article to spouses and dependent children who | 12 |
| are not
applicants or recipients under this Code, the Child and | 13 |
| Spouse Support
Unit established by Section 10-3.1 shall bring | 14 |
| action against the
responsible relatives hereunder and any | 15 |
| support orders entered by the
court in such cases shall provide | 16 |
| that payments thereunder be made
directly to the Illinois | 17 |
| Department.
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| Whenever it is determined in a proceeding to establish or | 19 |
| enforce a child
support or maintenance obligation that the | 20 |
| person owing a duty of support
is unemployed, the court may | 21 |
| order the person to seek employment and report
periodically to | 22 |
| the court with a diary, listing or other memorandum of his
or | 23 |
| her efforts in accordance with such order. Additionally, the | 24 |
| court may
order the unemployed person to report to the | 25 |
| Department of Employment
Security for job search services or to | 26 |
| make application with the local Job
Training Partnership Act | 27 |
| provider for participation in job search,
training or work | 28 |
| programs and where the duty of support is owed to a child
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| receiving child support enforcement services under this | 30 |
| Article X, the
court may
order the
unemployed person to report | 31 |
| to the Illinois Department for participation
in job search, | 32 |
| training or work programs established under Section 9-6 and
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| Article IXA of this Code.
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| Whenever it is determined that a person owes past-due | 35 |
| support for a child
receiving assistance under this Code, the | 36 |
| court shall order at the request of
the Illinois Department:
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LRB094 03694 DRJ 33699 b |
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| (1) that the person pay the past-due support in | 2 |
| accordance with a plan
approved by the court; or
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| (2) if the person owing past-due support is unemployed, | 4 |
| is subject to
such a plan, and is not incapacitated, that | 5 |
| the person participate in such job
search, training, or | 6 |
| work programs established under Section 9-6 and Article
IXA | 7 |
| of this Code as the court deems appropriate.
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| A determination under this Section shall not be | 9 |
| administratively
reviewable by the procedures specified in | 10 |
| Sections 10-12, and 10-13 to
10-13.10. Any determination under | 11 |
| these Sections, if made the basis of
court action under this | 12 |
| Section, shall not affect the de novo judicial
determination | 13 |
| required under this Section.
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| A one-time charge of 20% is imposable upon the amount of | 15 |
| past-due child
support owed on July 1, 1988 which has accrued | 16 |
| under a support order
entered by the court. The charge shall be | 17 |
| imposed in accordance with the
provisions of Section 10-21 of | 18 |
| this Code and shall be enforced by the court
upon petition.
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| All orders for support, when entered or modified, shall
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| include a provision requiring the non-custodial parent to | 21 |
| notify the court and,
in cases in which a party is receiving | 22 |
| child support
enforcement services under
this Article X, the | 23 |
| Illinois Department, within 7 days, (i) of the name,
address, | 24 |
| and telephone number of any new employer of the non-custodial | 25 |
| parent,
(ii) whether the non-custodial parent has access to | 26 |
| health insurance coverage
through the employer or other group | 27 |
| coverage and, if so, the policy name and
number and the names | 28 |
| of persons covered under
the policy, and (iii) of any new | 29 |
| residential or mailing address or telephone
number of the | 30 |
| non-custodial parent. In any subsequent action to enforce a
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| support order, upon a sufficient showing that a diligent effort | 32 |
| has been made
to ascertain the location of the non-custodial | 33 |
| parent, service of process or
provision of notice necessary in | 34 |
| the case may be made at the last known
address of the | 35 |
| non-custodial parent in any manner expressly provided by the
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| Code of Civil Procedure or this Code, which service shall be |
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HB0785 |
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LRB094 03694 DRJ 33699 b |
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| sufficient for
purposes of due process.
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| An order for support shall include a date on which the | 3 |
| current support
obligation terminates. The termination date | 4 |
| shall be no earlier than the
date on which the child covered by | 5 |
| the order will attain the age of
18. However, if the child will | 6 |
| not graduate from high school until after
attaining the age
of | 7 |
| 18, then the termination date shall be no earlier than the | 8 |
| earlier of the
date on which
the child's high school graduation | 9 |
| will occur or the date on which the child
will attain the
age | 10 |
| of 19. The order for support shall state
that the termination | 11 |
| date does not apply to
any arrearage that may remain unpaid on | 12 |
| that date. Nothing in this paragraph
shall be construed to | 13 |
| prevent the court from modifying the order or terminating
the | 14 |
| order in the event the child is otherwise emancipated.
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| Upon notification in writing or by electronic transmission | 16 |
| from the
Illinois Department to the clerk of the court that a | 17 |
| person who
is receiving support payments under this Section is | 18 |
| receiving services under
the Child Support Enforcement Program | 19 |
| established by Title IV-D of the Social
Security Act, any | 20 |
| support payments subsequently received by the clerk of the
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| court shall be transmitted in accordance with the instructions | 22 |
| of the Illinois
Department until the Illinois
Department gives | 23 |
| notice to the clerk of the court to cease the transmittal.
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| After providing the notification authorized under this | 25 |
| paragraph, the Illinois
Department shall be entitled as a party | 26 |
| to notice of any
further proceedings
in the case. The clerk of | 27 |
| the court shall file a copy of the Illinois
Department's | 28 |
| notification in the court file. The clerk's failure to file a
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| copy of the notification in the court file shall not, however, | 30 |
| affect the
Illinois Department's right to receive notice of | 31 |
| further proceedings.
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| Payments under this Section to the Illinois Department | 33 |
| pursuant to the
Child Support Enforcement Program established | 34 |
| by Title IV-D of the Social
Security Act shall be paid into the | 35 |
| Child Support Enforcement Trust Fund.
All payments under this | 36 |
| Section to the Illinois Department of Human
Services shall be |
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LRB094 03694 DRJ 33699 b |
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| deposited in the DHS Recoveries
Trust Fund. Disbursements from | 2 |
| these funds shall be as provided in Sections
12-9.1 and 12-10.2 | 3 |
| of this Code. Payments received by a local
governmental unit | 4 |
| shall be deposited in that unit's General Assistance Fund.
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| To the extent the provisions of this Section are | 6 |
| inconsistent with the
requirements pertaining to the State | 7 |
| Disbursement Unit under Sections 10-10.4
and 10-26 of this | 8 |
| Code, the requirements pertaining to the State Disbursement
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| Unit shall apply.
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| (Source: P.A. 92-16, eff. 6-28-01; 92-590, eff. 7-1-02; 92-876, | 11 |
| eff. 6-1-03;
revised 9-27-03.)
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| (305 ILCS 5/10-28 new) | 13 |
| Sec. 10-28. Notice of child support enforcement services. | 14 |
| The Illinois Department may provide notice at any time to the | 15 |
| parties to a judicial action filed under this Code, or under | 16 |
| any other law providing for support of a spouse or dependent | 17 |
| child, that child support enforcement services are being | 18 |
| provided by the Illinois Department under this Article X. The | 19 |
| notice shall be sent by regular mail to the party's last known | 20 |
| address on file with the clerk of the court or the State Case | 21 |
| Registry established under Section 10-27. After notice is | 22 |
| provided pursuant to this Section, the Illinois Department | 23 |
| shall be entitled, as if it were a party, to notice of any | 24 |
| further proceedings brought in the case. The Illinois | 25 |
| Department shall provide the clerk of the court with copies of | 26 |
| the notices sent to the parties. The clerk shall file the | 27 |
| copies in the court file. | 28 |
| Section 10. The Illinois Marriage and Dissolution of | 29 |
| Marriage Act is amended by changing Sections 507, 705, and 709 | 30 |
| and by adding Section 517 as follows:
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| (750 ILCS 5/507) (from Ch. 40, par. 507)
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| Sec. 507. Payment of maintenance or support to court.
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| (a) In actions instituted under this Act, the court shall |
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HB0785 |
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LRB094 03694 DRJ 33699 b |
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| order that
maintenance and support payments be made to the | 2 |
| clerk of court as trustee for
remittance to the person entitled | 3 |
| to receive the payments. However, the court
in its discretion | 4 |
| may direct otherwise where circumstances so warrant.
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| Upon notification in writing or by electronic transmission | 6 |
| from the
Illinois Department of Public Aid to the clerk of the | 7 |
| court that a person who
is receiving support payments under | 8 |
| this Section is receiving services under
the Child Support | 9 |
| Enforcement Program established by Title IV-D of the Social
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| Security Act, any support payments subsequently received by the | 11 |
| clerk of the
court shall be transmitted in accordance with the | 12 |
| instructions of the Illinois
Department of Public Aid until the | 13 |
| Department gives notice to the clerk of the
court to cease the | 14 |
| transmittal.
After providing the notification authorized under | 15 |
| this paragraph, the
Illinois Department of Public Aid shall be | 16 |
| entitled as a party to notice of any
further proceedings in the | 17 |
| case. The clerk of the court shall file a copy of
the Illinois | 18 |
| Department of Public Aid's notification in the court file. The
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| failure of the clerk to file a copy of the notification in the | 20 |
| court file shall
not, however, affect the Illinois Department | 21 |
| of Public Aid's right to receive
notice of further proceedings.
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| (b) The clerk of court shall maintain records listing the | 23 |
| amount of
payments, the date payments are required to be made | 24 |
| and the names and
addresses of the parties affected by the | 25 |
| order. For those cases in which
support is payable to the clerk | 26 |
| of the circuit court for transmittal to
the Illinois Department | 27 |
| of Public Aid by order of the court or upon
notification of the | 28 |
| Illinois Department of Public Aid, and the Illinois
Department | 29 |
| of Public Aid collects support by assignment, offset, | 30 |
| withholding,
deduction or other process permitted by law, the | 31 |
| Illinois Department shall
notify the clerk of the date and | 32 |
| amount of such collection. Upon notification,
the clerk shall | 33 |
| record the collection on the payment record for the case.
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| (c) The parties affected by the order shall inform the | 35 |
| clerk of
court of any change of address or of other condition | 36 |
| that may affect the
administration of the order.
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HB0785 |
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LRB094 03694 DRJ 33699 b |
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| (d) The provisions of this Section shall not apply to cases | 2 |
| that come
under the provisions of Sections 709 through 712.
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| (e) To the extent the provisions of this Section are | 4 |
| inconsistent with the
requirements pertaining to the State | 5 |
| Disbursement Unit under Section 507.1 of
this Act and Section | 6 |
| 10-26 of the Illinois Public Aid Code, the requirements
| 7 |
| pertaining to the State Disbursement Unit shall apply.
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| (Source: P.A. 90-18, eff. 7-1-97; 90-673, eff. 1-1-99; 90-790, | 9 |
| eff. 8-14-98;
91-212, eff. 7-20-99; 91-357, eff. 7-29-99.)
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| (750 ILCS 5/517 new) | 11 |
| Sec. 517. Notice of child support enforcement services. The | 12 |
| Illinois Department of Public Aid may provide notice at any | 13 |
| time to the parties to an action filed under this Act that | 14 |
| child support enforcement services are being provided by the | 15 |
| Illinois Department under Article X of the Illinois Public Aid | 16 |
| Code. The notice shall be sent by regular mail to the party's | 17 |
| last known address on file with the clerk of the court or the | 18 |
| State Case Registry established under Section 10-27 of the | 19 |
| Illinois Public Aid Code. After notice is provided pursuant to | 20 |
| this Section, the Illinois Department shall be entitled, as if | 21 |
| it were a party, to notice of any further proceedings brought | 22 |
| in the case. The Illinois Department shall provide the clerk of | 23 |
| the court with copies of the notices sent to the parties. The | 24 |
| clerk shall file the copies in the court file.
| 25 |
| (750 ILCS 5/705) (from Ch. 40, par. 705)
| 26 |
| Sec. 705. Support payments; receiving and disbursing | 27 |
| agents.
| 28 |
| (1) The provisions of this Section shall apply, except as | 29 |
| provided in
Sections 709 through 712.
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| (2) In a dissolution of marriage action filed in a county | 31 |
| of less than 3
million population in which an order or judgment | 32 |
| for child support is
entered, and in supplementary proceedings | 33 |
| in any such county to enforce
or vary the terms of such order | 34 |
| or judgment arising out of an action for
dissolution of |
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HB0785 |
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LRB094 03694 DRJ 33699 b |
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| marriage filed in such county, the court, except as it
| 2 |
| otherwise orders, under subsection (4) of this Section, may | 3 |
| direct that
child support payments be made to the clerk of the | 4 |
| court.
| 5 |
| (3) In a dissolution of marriage action filed in any county | 6 |
| of 3
million or more population in which an order or judgment | 7 |
| for child
support is entered, and in supplementary proceedings | 8 |
| in any such county
to enforce or vary the terms of such order | 9 |
| or judgment arising out of an
action for dissolution of | 10 |
| marriage filed in such county, the court, except
as it | 11 |
| otherwise orders under subsection (4) of this Section, may
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| direct that child support payments be made either to the clerk | 13 |
| of the
court or to the Court Service Division of the County | 14 |
| Department of
Public Aid. After the effective date of this Act, | 15 |
| the court, except as
it otherwise orders under subsection (4) | 16 |
| of this Section, may direct
that child support payments be made | 17 |
| either to the clerk of the court or
to the Illinois Department | 18 |
| of Public Aid.
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| (4) In a dissolution of marriage action or supplementary | 20 |
| proceedings
involving maintenance or child support payments, | 21 |
| or both, to persons who
are recipients of aid under the | 22 |
| Illinois Public Aid Code, the court
shall direct that such | 23 |
| payments be made to (a) the Illinois Department
of Public Aid | 24 |
| if the persons are recipients under Articles III, IV, or V
of | 25 |
| the Code, or (b) the local governmental unit responsible for | 26 |
| their
support if they are recipients under Articles VI or VII | 27 |
| of the Code.
In accordance with federal law and regulations, | 28 |
| the Illinois Department of
Public Aid may continue to collect | 29 |
| current maintenance payments or child
support payments, or | 30 |
| both, after those persons cease to receive public
assistance | 31 |
| and until termination of services under Article X of the | 32 |
| Illinois
Public Aid Code. The Illinois Department of Public Aid | 33 |
| shall pay the net
amount collected to those persons after | 34 |
| deducting any costs incurred in making
the collection or any | 35 |
| collection fee from the amount of any recovery made. The order | 36 |
| shall permit the Illinois Department
of Public Aid or the local |
|
|
|
HB0785 |
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LRB094 03694 DRJ 33699 b |
|
| 1 |
| governmental unit, as the case may be, to direct
that payments | 2 |
| be made directly to the former spouse, the
children, or both, | 3 |
| or to some person or agency in their behalf, upon
removal of | 4 |
| the former spouse or children from the public aid rolls or upon
| 5 |
| termination of services under Article X of the Illinois Public | 6 |
| Aid Code; and upon such direction, the
Illinois Department or | 7 |
| local governmental unit, as the case requires, shall
give | 8 |
| notice of such action to the court in writing or by
electronic
| 9 |
| transmission.
| 10 |
| (5) All clerks of the court and the Court Service Division | 11 |
| of a
County Department of Public Aid and, after the effective | 12 |
| date of this
Act, all clerks of the court and the Illinois | 13 |
| Department of Public Aid,
receiving child support payments | 14 |
| under subsections (2) and (3) of this
Section shall disburse | 15 |
| the payments to the person or persons entitled
thereto under | 16 |
| the terms of the order or judgment. They shall establish
and | 17 |
| maintain current records of all moneys received and disbursed | 18 |
| and of
defaults and delinquencies in required payments. The | 19 |
| court, by order or
rule, shall make provision for the carrying | 20 |
| out of these duties.
| 21 |
| Upon notification in writing or by electronic transmission | 22 |
| from the
Illinois Department of Public Aid to the clerk of the | 23 |
| court that
a person who is receiving support payments under | 24 |
| this Section is receiving
services under the Child Support | 25 |
| Enforcement Program established by Title IV-D
of the Social | 26 |
| Security Act, any support payments subsequently received by the
| 27 |
| clerk of the court shall be transmitted in accordance with the | 28 |
| instructions of
the Illinois Department of Public
Aid until the | 29 |
| Department gives notice to the clerk of the court to cease the
| 30 |
| transmittal.
After providing the notification authorized under | 31 |
| this paragraph, the
Illinois Department of Public Aid shall be | 32 |
| entitled as a party to notice of any
further proceedings in the | 33 |
| case. The clerk of the court shall file a copy of
the Illinois | 34 |
| Department of Public Aid's notification in the court file. The
| 35 |
| failure of the clerk to file a copy of the notification in the | 36 |
| court file shall
not, however, affect the Illinois Department |
|
|
|
HB0785 |
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LRB094 03694 DRJ 33699 b |
|
| 1 |
| of Public Aid's right to receive
notice of further proceedings.
| 2 |
| Payments under this Section to the Illinois Department of | 3 |
| Public Aid
pursuant to the Child Support Enforcement Program | 4 |
| established by Title IV-D
of the Social Security Act shall be | 5 |
| paid into the Child Support Enforcement
Trust Fund. All | 6 |
| payments under this Section to the Illinois Department
of Human | 7 |
| Services shall be deposited in the DHS
Recoveries Trust Fund. | 8 |
| Disbursements from these funds shall be as provided in
the | 9 |
| Illinois Public Aid Code. Payments received by a local | 10 |
| governmental unit
shall be deposited in that unit's General | 11 |
| Assistance Fund.
Any order of court directing payment of child | 12 |
| support to a clerk of
court or the Court Service Division of a | 13 |
| County Department of Public
Aid, which order has been entered | 14 |
| on or after August 14, 1961, and prior
to the effective date of | 15 |
| this Act, may be amended by the court in line
with this Act; | 16 |
| and orders involving payments of maintenance or child
support | 17 |
| to recipients of public aid may in like manner be amended to
| 18 |
| conform to this Act.
| 19 |
| (6) No filing fee or costs will be required in any action | 20 |
| brought at
the request of the Illinois Department of Public Aid | 21 |
| in any proceeding
under this Act. However, any such fees or | 22 |
| costs may be assessed by the
court against the respondent in | 23 |
| the court's order of support or any
modification thereof in a | 24 |
| proceeding under this Act.
| 25 |
| (7) For those cases in which child support is payable to | 26 |
| the clerk of
the circuit court for transmittal to the Illinois | 27 |
| Department of Public Aid
by order of court or upon notification | 28 |
| by the Illinois Department of Public
Aid, the clerk shall | 29 |
| transmit all such payments, within 4
working days of receipt, | 30 |
| to insure that funds are available for immediate
distribution | 31 |
| by the Department to the person or entity entitled thereto in
| 32 |
| accordance with standards of the Child Support Enforcement | 33 |
| Program
established under Title IV-D of the Social Security | 34 |
| Act. The clerk shall
notify the Department of the date of | 35 |
| receipt and amount thereof at the time
of transmittal. Where | 36 |
| the clerk has entered into an
agreement of cooperation with the |
|
|
|
HB0785 |
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LRB094 03694 DRJ 33699 b |
|
| 1 |
| Department to record the terms of
child support orders and | 2 |
| payments made thereunder directly into the
Department's | 3 |
| automated data processing system, the clerk shall account for,
| 4 |
| transmit and otherwise distribute child support payments in | 5 |
| accordance with
such agreement in lieu of the requirements | 6 |
| contained herein.
| 7 |
| In any action filed in a county with a population of | 8 |
| 1,000,000 or less,
the court shall assess against the | 9 |
| respondent in any order of maintenance
or child support any sum | 10 |
| up to $36 annually authorized by ordinance of the
county board | 11 |
| to be collected by the clerk of the court as costs for
| 12 |
| administering the collection and disbursement of maintenance | 13 |
| and child
support payments. Such sum shall be in addition to | 14 |
| and separate from
amounts ordered to be paid as maintenance or | 15 |
| child support.
| 16 |
| (8) To the extent the provisions of this Section are | 17 |
| inconsistent with the
requirements pertaining to the State | 18 |
| Disbursement Unit under Section 507.1 of
this Act and Section | 19 |
| 10-26 of the Illinois Public Aid Code, the requirements
| 20 |
| pertaining to the State Disbursement Unit shall apply.
| 21 |
| (Source: P.A. 91-24, eff. 7-1-99; 91-212, eff. 7-20-99; 91-357, | 22 |
| eff. 7-29-99;
92-16, eff. 6-28-01.)
| 23 |
| (750 ILCS 5/709) (from Ch. 40, par. 709)
| 24 |
| Sec. 709. Mandatory child support payments to clerk.
| 25 |
| (a) As of January 1, 1982, child support orders entered in | 26 |
| any county
covered by this subsection shall be made pursuant to | 27 |
| the provisions of Sections
709 through 712 of this Act. For | 28 |
| purposes of these Sections, the term "child
support payment" or | 29 |
| "payment" shall include any payment ordered to be made
solely | 30 |
| for the purpose of the support of a child or children or any | 31 |
| payment
ordered for general support which includes any amount | 32 |
| for support of any child
or children.
| 33 |
| The provisions of Sections 709 through 712 shall be | 34 |
| applicable to any county
with a population of 2 million or more | 35 |
| and to any other county which notifies
the Supreme Court of its |
|
|
|
HB0785 |
- 15 - |
LRB094 03694 DRJ 33699 b |
|
| 1 |
| desire to be included within the coverage of these
Sections and | 2 |
| is certified pursuant to Supreme Court Rules.
| 3 |
| The effective date of inclusion, however, shall be subject | 4 |
| to approval
of the application for reimbursement of the costs | 5 |
| of the support program
by the Department of Public Aid as | 6 |
| provided in Section 712.
| 7 |
| (b) In any proceeding for a dissolution of marriage, legal | 8 |
| separation,
or declaration of invalidity of marriage, or in any | 9 |
| supplementary proceedings
in which a judgment or modification | 10 |
| thereof for the payment of
child support is entered on or after | 11 |
| January 1, 1982, in any county covered
by Sections 709 through | 12 |
| 712, and the person entitled to payment is receiving
a grant of | 13 |
| financial aid under Article IV of the Illinois Public
Aid Code
| 14 |
| or has applied and qualified for child support enforcement | 15 |
| services
under Section 10-1 of
that Code, the court shall | 16 |
| direct: (1) that such payments be made to the
clerk of the | 17 |
| court and (2) that the parties affected shall each thereafter
| 18 |
| notify the clerk of any change of address or change in other | 19 |
| conditions
that may affect the administration of the order, | 20 |
| including the fact that a
party who was previously not on | 21 |
| public aid has become a recipient of public
aid, within 10 days | 22 |
| of such change. All notices sent to
the obligor's last known | 23 |
| address on file with the clerk shall be deemed
sufficient to | 24 |
| proceed with enforcement pursuant to the provisions of
Sections | 25 |
| 709 through 712.
| 26 |
| In all other cases, the court may direct that payments be | 27 |
| made to the
clerk of the court.
| 28 |
| (c) Except as provided in subsection (d) of this Section, | 29 |
| the clerk shall
disburse the payments to the person or persons | 30 |
| entitled thereto under the
terms of the order or judgment.
| 31 |
| (d) The court shall determine, prior to the entry of the | 32 |
| support order,
if the party who is to receive the support is | 33 |
| presently receiving public
aid or has a current application for | 34 |
| public aid pending and shall enter
the finding on the record.
| 35 |
| If the person entitled to payment is a recipient of aid | 36 |
| under the Illinois
Public Aid Code, the clerk, upon being |
|
|
|
HB0785 |
- 16 - |
LRB094 03694 DRJ 33699 b |
|
| 1 |
| informed of this fact by finding of the
court, by notification | 2 |
| by the party entitled to payment, by the Illinois
Department of | 3 |
| Public Aid or by the local governmental unit, shall make all
| 4 |
| payments to: (1) the Illinois Department of Public Aid if the | 5 |
| person is
a recipient under Article III, IV, or V of the Code | 6 |
| or (2) the local
governmental unit responsible for his or her | 7 |
| support if the person is a
recipient under Article VI or VII of | 8 |
| the Code.
In accordance with federal law and regulations, the | 9 |
| Illinois Department of
Public Aid may continue to collect | 10 |
| current maintenance payments or child
support payments, or | 11 |
| both, after those persons cease to receive public
assistance | 12 |
| and until termination of services under Article X of the | 13 |
| Illinois
Public Aid Code. The Illinois Department of Public Aid | 14 |
| shall pay the net
amount collected to those persons after | 15 |
| deducting any costs incurred in making
the collection or any | 16 |
| collection fee from the amount of any recovery made. Upon | 17 |
| termination of public aid payments to
such a recipient or | 18 |
| termination of services under Article X of the Illinois
Public | 19 |
| Aid Code, the Illinois Department of Public Aid or the | 20 |
| appropriate
local governmental unit shall notify the clerk in | 21 |
| writing or by electronic
transmission that all subsequent | 22 |
| payments
are to be sent directly to the person entitled | 23 |
| thereto.
| 24 |
| Upon notification in writing or by electronic transmission | 25 |
| from the
Illinois Department of Public Aid to the clerk of the | 26 |
| court that a person who
is receiving support payments under | 27 |
| this Section is receiving services under
the Child Support | 28 |
| Enforcement Program established by Title IV-D of the Social
| 29 |
| Security Act, any support payments subsequently received by the | 30 |
| clerk of the
court shall be transmitted in accordance with the | 31 |
| instructions of the Illinois
Department of Public Aid until the | 32 |
| Department gives notice to the clerk of the
court to cease the | 33 |
| transmittal.
After providing the notification authorized under | 34 |
| this paragraph, the
Illinois Department of Public Aid shall be | 35 |
| entitled as a party to notice of any
further proceedings in the | 36 |
| case. The clerk of the court shall file a copy of
the Illinois |
|
|
|
HB0785 |
- 17 - |
LRB094 03694 DRJ 33699 b |
|
| 1 |
| Department of Public Aid's notification in the court file. The
| 2 |
| failure of the clerk to file a copy of the notification in the | 3 |
| court file shall
not, however, affect the Illinois Department | 4 |
| of Public Aid's right to receive
notice of further proceedings.
| 5 |
| Payments under this Section to the Illinois Department of | 6 |
| Public Aid
pursuant to the Child Support Enforcement Program | 7 |
| established by Title IV-D
of the Social Security Act shall be | 8 |
| paid into the Child Support Enforcement
Trust Fund. All | 9 |
| payments under this Section to the Illinois
Department of Human | 10 |
| Services shall be deposited in the
DHS Recoveries Trust Fund. | 11 |
| Disbursements from these
funds shall be as provided in the | 12 |
| Illinois Public Aid Code. Payments received
by a local | 13 |
| governmental unit shall be deposited in that unit's General
| 14 |
| Assistance Fund.
| 15 |
| (e) Any order or judgment may be amended by the court, upon
| 16 |
| its own motion or upon the motion of either party, to conform | 17 |
| with the
provisions of Sections 709 through 712, either as to | 18 |
| the requirement
of making payments to the clerk or, where | 19 |
| payments are already being made
to the clerk, as to the | 20 |
| statutory fees provided for under Section 711.
| 21 |
| (f) The clerk may invest in any interest bearing account or | 22 |
| in any
securities, monies collected for the benefit of a payee, | 23 |
| where such payee
cannot be found; however, the investment may | 24 |
| be only for the period until
the clerk is able to locate and | 25 |
| present the payee with such monies. The
clerk may invest in any | 26 |
| interest bearing account, or in any securities,
monies | 27 |
| collected for the benefit of any other payee; however, this | 28 |
| does not
alter the clerk's obligation to make payments to the | 29 |
| payee in a timely manner.
Any interest or capital gains accrued | 30 |
| shall be for the benefit of the county
and shall be paid into | 31 |
| the special fund established in subsection (b) of
Section 711.
| 32 |
| (g) The clerk shall establish and maintain a payment record | 33 |
| of all
monies received and disbursed and such record shall | 34 |
| constitute prima facie
evidence of such payment and | 35 |
| non-payment, as the case may be.
| 36 |
| (h) For those cases in which child support is payable to |
|
|
|
HB0785 |
- 18 - |
LRB094 03694 DRJ 33699 b |
|
| 1 |
| the clerk of
the circuit court for transmittal to the Illinois | 2 |
| Department of Public Aid
by order of court or upon notification | 3 |
| by the Illinois Department of Public
Aid, the clerk shall | 4 |
| transmit all such payments, within 4
working days of receipt, | 5 |
| to insure that funds are available for immediate
distribution | 6 |
| by the Department to the person or entity entitled thereto in
| 7 |
| accordance with standards of the Child Support Enforcement | 8 |
| Program
established under Title IV-D of the Social Security | 9 |
| Act. The clerk shall
notify the Department of the date of | 10 |
| receipt and amount thereof at the time
of transmittal. Where | 11 |
| the clerk has entered into an agreement of
cooperation with the | 12 |
| Department to record the terms of child support orders
and | 13 |
| payments made thereunder directly into the Department's | 14 |
| automated data
processing system, the clerk shall account for, | 15 |
| transmit and otherwise
distribute child support payments in | 16 |
| accordance with such agreement in lieu
of the requirements | 17 |
| contained herein.
| 18 |
| (i) To the extent the provisions of this Section are | 19 |
| inconsistent with
the requirements pertaining to the State | 20 |
| Disbursement Unit under Section 507.1
of this Act and Section | 21 |
| 10-26 of the Illinois Public Aid Code, the requirements
| 22 |
| pertaining to the State Disbursement Unit shall apply.
| 23 |
| (Source: P.A. 91-24, eff. 7-1-99; 91-212, eff. 7-20-99; 92-16, | 24 |
| eff.
6-28-01; 92-590, eff. 7-1-02.)
| 25 |
| Section 15. The Non-Support Punishment Act is amended by | 26 |
| changing Section 25 as follows:
| 27 |
| (750 ILCS 16/25)
| 28 |
| Sec. 25. Payment of support to State Disbursement Unit; | 29 |
| clerk of the
court.
| 30 |
| (a) As used in this Section, "order for support", | 31 |
| "obligor", "obligee", and
"payor" mean those terms as defined | 32 |
| in the Income Withholding for Support Act.
| 33 |
| (b) Each order for support entered or modified under | 34 |
| Section 20 of this Act
shall require that support payments be |
|
|
|
HB0785 |
- 19 - |
LRB094 03694 DRJ 33699 b |
|
| 1 |
| made to the State Disbursement Unit
established under the | 2 |
| Illinois Public Aid Code, under the following
circumstances:
| 3 |
| (1) when a party to the order is receiving child | 4 |
| support
enforcement services under Article X of the | 5 |
| Illinois Public Aid Code; or
| 6 |
| (2) when no party to the order is receiving child | 7 |
| support
enforcement services, but the support payments are | 8 |
| made through income
withholding.
| 9 |
| (c) When no party to the order is receiving child support
| 10 |
| enforcement services, and
payments are not being made through | 11 |
| income withholding, the court shall order
the
obligor to make | 12 |
| support payments to the clerk of the court.
| 13 |
| (d) At any time, and notwithstanding the existence of an | 14 |
| order
directing payments
to be made elsewhere, the Department | 15 |
| of Public Aid may provide notice to the
obligor and, where | 16 |
| applicable, to the obligor's payor:
| 17 |
| (1) to make support payments to the State Disbursement | 18 |
| Unit if:
| 19 |
| (A) a party to the order for support is receiving | 20 |
| child support
enforcement services under Article X of | 21 |
| the Illinois Public Aid Code; or
| 22 |
| (B) no party to the order for support is receiving | 23 |
| child support
enforcement services under Article X of | 24 |
| the Illinois Public Aid Code, but the
support payments | 25 |
| are
made through income withholding; or
| 26 |
| (2) to make support payments to the State Disbursement | 27 |
| Unit of another
state upon request of another state's Title | 28 |
| IV-D child support enforcement
agency, in accordance with | 29 |
| the requirements of Title IV, Part D of the Social
Security | 30 |
| Act and regulations promulgated under that Part D.
| 31 |
| The Department of Public Aid shall provide a copy of the | 32 |
| notice to the
obligee
and to the clerk of the circuit court.
| 33 |
| (e) If a State Disbursement Unit as specified by federal | 34 |
| law has not been
created in Illinois upon the effective date of | 35 |
| this Act, then, until the
creation of a State Disbursement Unit | 36 |
| as specified by federal law, the
following provisions regarding |
|
|
|
HB0785 |
- 20 - |
LRB094 03694 DRJ 33699 b |
|
| 1 |
| payment and disbursement of support payments
shall control and | 2 |
| the provisions in subsections (a), (b), (c), and (d) shall be
| 3 |
| inoperative. Upon the creation of a State Disbursement Unit as | 4 |
| specified by
federal law, the payment and disbursement | 5 |
| provisions of subsections (a),
(b), (c), and (d) shall control, | 6 |
| and this subsection (e) shall be inoperative
to the extent that | 7 |
| it conflicts with those subsections.
| 8 |
| (1) In cases in which an order for support is entered | 9 |
| under Section 20 of
this Act, the court shall order that | 10 |
| maintenance and support payments be made
to the clerk of | 11 |
| the court for remittance to the person or agency entitled | 12 |
| to
receive the payments. However, the court in its | 13 |
| discretion may direct
otherwise where exceptional | 14 |
| circumstances so warrant.
| 15 |
| (2) The court shall direct that support payments be | 16 |
| sent by the clerk to
(i) the Illinois Department of Public | 17 |
| Aid if the person in whose behalf
payments are made is | 18 |
| receiving aid under Articles III, IV, or V of the Illinois
| 19 |
| Public Aid Code, or child support enforcement services | 20 |
| under
Article X of the
Code, or (ii) to the local | 21 |
| governmental unit responsible for the support of the
person | 22 |
| if he or she is a recipient under Article VI of the Code. | 23 |
| In accordance
with federal law and regulations, the | 24 |
| Illinois Department of Public Aid may
continue to collect | 25 |
| current maintenance payments or child support payments, or
| 26 |
| both, after those persons cease to receive public | 27 |
| assistance and until
termination of services under Article | 28 |
| X of the Illinois Public Aid Code. The
Illinois Department | 29 |
| shall pay the net
amount collected to those persons after | 30 |
| deducting any costs incurred in making
the collection or | 31 |
| any collection fee from the amount of any recovery made. | 32 |
| The
order shall permit the Illinois Department of Public | 33 |
| Aid or the local
governmental unit, as the case may be, to | 34 |
| direct that support payments be made
directly to the | 35 |
| spouse, children, or both, or to some person or agency in | 36 |
| their
behalf, upon removal of the spouse or children from |
|
|
|
HB0785 |
- 21 - |
LRB094 03694 DRJ 33699 b |
|
| 1 |
| the public aid rolls or
upon termination of services under | 2 |
| Article X of the Illinois Public Aid Code;
and upon such | 3 |
| direction, the Illinois Department or the local | 4 |
| governmental
unit, as the case requires, shall give notice | 5 |
| of such action to the court in
writing or by electronic | 6 |
| transmission.
| 7 |
| (3) The clerk of the court shall establish and maintain | 8 |
| current records of
all moneys received and disbursed and of | 9 |
| delinquencies and defaults in required
payments. The | 10 |
| court, by order or rule, shall make provision for the | 11 |
| carrying
out of these duties.
| 12 |
| (4) (Blank).
Upon notification in writing or by | 13 |
| electronic transmission from the
Illinois Department of | 14 |
| Public Aid to the clerk of the court that a person who
is | 15 |
| receiving support payments under this Section is receiving | 16 |
| services under
the Child Support Enforcement Program | 17 |
| established by Title IV-D of the Social
Security Act, any | 18 |
| support payments subsequently received by the clerk of the
| 19 |
| court shall be transmitted in accordance with the | 20 |
| instructions of the Illinois
Department of Public Aid until | 21 |
| the Department gives notice to cease the
transmittal. After | 22 |
| providing the notification authorized under this | 23 |
| paragraph,
the Illinois Department of Public Aid shall be a | 24 |
| party and entitled to notice
of any further proceedings in | 25 |
| the case. The clerk of the court shall file a
copy of the
| 26 |
| Illinois Department of Public Aid's notification in the | 27 |
| court file. The
failure of the clerk to file a copy of the | 28 |
| notification in the court file shall
not, however, affect | 29 |
| the Illinois Department of Public Aid's rights as a party
| 30 |
| or its right to receive notice of further proceedings.
| 31 |
| (5) Payments under this Section to the Illinois | 32 |
| Department of Public Aid
pursuant to the Child Support | 33 |
| Enforcement Program established by Title IV-D of
the Social | 34 |
| Security Act shall be paid into the Child Support | 35 |
| Enforcement Trust
Fund. All other payments under this | 36 |
| Section to the Illinois Department of
Public Aid shall be |
|
|
|
HB0785 |
- 22 - |
LRB094 03694 DRJ 33699 b |
|
| 1 |
| deposited in the Public Assistance Recoveries Trust Fund.
| 2 |
| Disbursements from these funds shall be as provided in the | 3 |
| Illinois Public Aid
Code. Payments received by a local | 4 |
| governmental unit shall be deposited in
that unit's General | 5 |
| Assistance Fund.
| 6 |
| (6) For those cases in which child support is payable | 7 |
| to the clerk of the
circuit court for transmittal to the | 8 |
| Illinois Department of Public Aid by order
of
court or upon | 9 |
| notification by the Illinois Department of Public Aid, the | 10 |
| clerk
shall
transmit all such payments, within 4 working | 11 |
| days of receipt, to insure that
funds
are available for | 12 |
| immediate distribution by the Department to the person or
| 13 |
| entity
entitled thereto in accordance with standards of the | 14 |
| Child Support Enforcement
Program established under Title | 15 |
| IV-D of the Social Security Act. The clerk
shall
notify the | 16 |
| Department of the date of receipt and amount thereof at the | 17 |
| time of
transmittal. Where the clerk has entered into an | 18 |
| agreement of cooperation with
the Department to record the | 19 |
| terms of child support orders and payments made
thereunder | 20 |
| directly into the Department's automated data processing | 21 |
| system, the
clerk shall account for, transmit and otherwise | 22 |
| distribute child support
payments
in accordance with such | 23 |
| agreement in lieu of the requirements contained
herein.
| 24 |
| (Source: P.A. 91-613, eff. 10-1-99; 92-590, eff. 7-1-02.)
| 25 |
| Section 20. The Illinois Parentage Act of 1984 is amended | 26 |
| by changing Section 21 and by adding Section 28 as follows:
| 27 |
| (750 ILCS 45/21) (from Ch. 40, par. 2521)
| 28 |
| Sec. 21. Support payments; receiving and disbursing | 29 |
| agents.
| 30 |
| (1) In an action filed in a county of less than 3 million
| 31 |
| population in which an order for child support is entered, and | 32 |
| in supplementary
proceedings in such a county to enforce or | 33 |
| vary the terms of
such order arising out of an action filed in | 34 |
| such a county,
the court, except in actions or supplementary |
|
|
|
HB0785 |
- 23 - |
LRB094 03694 DRJ 33699 b |
|
| 1 |
| proceedings in which the
pregnancy and delivery expenses of the | 2 |
| mother or the child support payments
are for a recipient of aid | 3 |
| under the Illinois Public Aid Code, shall direct
that child | 4 |
| support payments be made to the clerk of the court unless in | 5 |
| the
discretion of the court exceptional circumstances warrant | 6 |
| otherwise. In
cases where payment is to be made to persons | 7 |
| other than the clerk of the
court the judgment or order of | 8 |
| support shall set forth the facts of the
exceptional | 9 |
| circumstances.
| 10 |
| (2) In an action filed in a county of 3 million or more
| 11 |
| population in which an order for child support is entered, and | 12 |
| in supplementary
proceedings in such a county to enforce or | 13 |
| vary the terms of
such order arising out of an action filed in | 14 |
| such a county, the court, except in actions or supplementary | 15 |
| proceedings
in which the pregnancy and delivery expenses of the | 16 |
| mother or
the child support payments are for a recipient of aid | 17 |
| under the Illinois
Public Aid Code, shall direct that child | 18 |
| support payments be made either to
the clerk of the court or to | 19 |
| the Court Service Division of the County
Department of Public | 20 |
| Aid, or to the clerk of the court or to the Illinois
Department | 21 |
| of Public Aid, unless in the discretion of the court | 22 |
| exceptional
circumstances warrant otherwise. In cases where | 23 |
| payment is to be made to
persons other than the clerk of the | 24 |
| court, the Court Service Division of
the County Department of | 25 |
| Public Aid, or the Illinois Department of Public
Aid, the | 26 |
| judgment or order of support shall set forth the facts of the
| 27 |
| exceptional circumstances.
| 28 |
| (3) Where the action or supplementary proceeding is in | 29 |
| behalf of a
mother for pregnancy and delivery expenses or for | 30 |
| child support, or both,
and the mother, child, or both, are | 31 |
| recipients of aid under the Illinois
Public Aid Code, the court | 32 |
| shall order that the payments be made directly
to (a) the | 33 |
| Illinois Department of Public Aid if the mother or child, or
| 34 |
| both, are recipients under Articles IV or V of the Code, or (b) | 35 |
| the local
governmental unit responsible for the support of the | 36 |
| mother or child, or
both, if they are recipients under Articles |
|
|
|
HB0785 |
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LRB094 03694 DRJ 33699 b |
|
| 1 |
| VI or VII of the Code.
In accordance with federal law and | 2 |
| regulations, the Illinois Department of
Public Aid may continue | 3 |
| to collect current maintenance payments or child
support | 4 |
| payments, or both, after those persons cease to receive public
| 5 |
| assistance and until termination of services under Article X of | 6 |
| the Illinois
Public Aid Code. The Illinois Department of Public | 7 |
| Aid shall pay the net
amount collected to those persons after | 8 |
| deducting any costs incurred in making
the collection or any | 9 |
| collection fee from the amount of any recovery made. The
| 10 |
| Illinois Department of Public Aid or the local governmental | 11 |
| unit, as the case
may be, may direct that payments be made | 12 |
| directly to the mother of the child,
or to some other person or | 13 |
| agency in the child's behalf, upon the removal of
the mother | 14 |
| and child from the public aid rolls or upon termination of | 15 |
| services
under Article X of the Illinois Public Aid Code; and | 16 |
| upon such direction, the
Illinois Department or the local | 17 |
| governmental unit, as the case requires, shall
give notice of | 18 |
| such action to the court in writing or by electronic
| 19 |
| transmission.
| 20 |
| (4) All clerks of the court and the Court Service Division | 21 |
| of a County
Department of Public Aid and the Illinois | 22 |
| Department of Public Aid,
receiving child support payments | 23 |
| under paragraphs
(1) or (2) shall disburse the same to the | 24 |
| person or persons entitled
thereto under the terms of the | 25 |
| order. They shall establish and maintain
clear and current | 26 |
| records of all moneys received and disbursed and of
defaults | 27 |
| and delinquencies in required payments. The court, by order or
| 28 |
| rule, shall make provision for the carrying out of these | 29 |
| duties.
| 30 |
| Upon notification in writing or by electronic transmission | 31 |
| from
the Illinois Department of Public Aid to the clerk of the | 32 |
| court that a
person who is receiving support payments under | 33 |
| this Section is receiving
services under the Child Support | 34 |
| Enforcement Program established by Title IV-D
of the Social | 35 |
| Security Act, any support payments subsequently received by the
| 36 |
| clerk of the court shall be transmitted in accordance with the |
|
|
|
HB0785 |
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LRB094 03694 DRJ 33699 b |
|
| 1 |
| instructions of
the Illinois Department of Public Aid until the | 2 |
| Department gives notice to
cease the transmittal. After | 3 |
| providing the notification authorized under this
paragraph, | 4 |
| the
Illinois Department of Public Aid shall be entitled as a | 5 |
| party to notice of any
further proceedings in the case. The | 6 |
| clerk of the court shall file a copy of
the Illinois Department | 7 |
| of Public Aid's notification in the court file. The
failure of | 8 |
| the clerk to file a copy of the notification in the court file | 9 |
| shall
not, however, affect the Illinois Department of Public | 10 |
| Aid's right to receive
notice of further proceedings.
| 11 |
| Payments under this Section to the Illinois Department of | 12 |
| Public
Aid pursuant to the Child Support Enforcement Program | 13 |
| established by
Title IV-D of the Social Security Act shall be | 14 |
| paid into the Child Support
Enforcement Trust Fund. All | 15 |
| payments under this Section to the
Illinois Department of Human | 16 |
| Services shall be deposited in
the DHS Recoveries Trust Fund. | 17 |
| Disbursement from
these funds shall be as provided in the | 18 |
| Illinois Public Aid Code. Payments
received by a local | 19 |
| governmental unit shall be deposited in that unit's General
| 20 |
| Assistance Fund.
| 21 |
| (5) The moneys received by persons or agencies designated | 22 |
| by the
court shall be disbursed by them in accordance with the | 23 |
| order. However,
the court, on petition of the state's attorney, | 24 |
| may enter new orders
designating the clerk of the court or the | 25 |
| Illinois Department of Public Aid,
as the person or agency | 26 |
| authorized to receive and disburse child support
payments and, | 27 |
| in the case of recipients of public aid, the court, on
petition | 28 |
| of the Attorney General or State's Attorney, shall direct
| 29 |
| subsequent payments to be paid to the Illinois Department of | 30 |
| Public Aid or
to the appropriate local governmental unit, as | 31 |
| provided in paragraph (3).
Payments of child support by | 32 |
| principals or sureties on bonds, or proceeds
of any sale for | 33 |
| the enforcement of a judgment shall be made to the clerk of
the | 34 |
| court, the Illinois Department of Public Aid or the appropriate | 35 |
| local
governmental unit, as the respective provisions of this | 36 |
| Section require.
|
|
|
|
HB0785 |
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LRB094 03694 DRJ 33699 b |
|
| 1 |
| (6) For those cases in which child support is payable to | 2 |
| the clerk of
the circuit court for transmittal to the Illinois | 3 |
| Department of Public Aid
by order of court or upon notification | 4 |
| by the Illinois Department of Public
Aid, the clerk shall | 5 |
| transmit all such payments, within 4
working days of receipt, | 6 |
| to insure that funds are available for immediate
distribution | 7 |
| by the Department to the person or entity entitled thereto in
| 8 |
| accordance with standards of the Child Support Enforcement | 9 |
| Program
established under Title IV-D of the Social Security | 10 |
| Act. The clerk shall
notify the Department of the date of | 11 |
| receipt and amount thereof at the time
of transmittal. Where | 12 |
| the clerk has entered into an agreement of
cooperation with the | 13 |
| Department to record the terms of child support orders
and | 14 |
| payments made thereunder directly into the Department's | 15 |
| automated data
processing system, the clerk shall account for, | 16 |
| transmit and
otherwise distribute child support payments in | 17 |
| accordance with such
agreement in lieu of the requirements | 18 |
| contained herein.
| 19 |
| (7) To the extent the provisions of this Section are | 20 |
| inconsistent with
the requirements pertaining to the State | 21 |
| Disbursement Unit under Section 21.1
of this Act and Section | 22 |
| 10-26 of the Illinois Public Aid Code, the requirements
| 23 |
| pertaining to the State Disbursement Unit shall apply.
| 24 |
| (Source: P.A. 91-24, eff. 7-1-99; 91-212, eff. 7-20-99; 91-357, | 25 |
| eff. 7-29-99;
92-16, eff. 6-28-01.)
| 26 |
| (750 ILCS 45/28 new) | 27 |
| Sec. 28. Notice of child support enforcement services. The | 28 |
| Illinois Department of Public Aid may provide notice at any | 29 |
| time to the parties to an action filed under this Act that | 30 |
| child support enforcement services are being provided by the | 31 |
| Illinois Department under Article X of the Illinois Public Aid | 32 |
| Code. The notice shall be sent by regular mail to the party's | 33 |
| last known address on file with the clerk of the court or the | 34 |
| State Case Registry established under Section 10-27 of the | 35 |
| Illinois Public Aid Code. After notice is provided pursuant to |
|
|
|
HB0785 |
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LRB094 03694 DRJ 33699 b |
|
| 1 |
| this Section, the Illinois Department shall be entitled, as if | 2 |
| it were a party, to notice of any further proceedings brought | 3 |
| in the case. The Illinois Department shall provide the clerk of | 4 |
| the court with copies of the notices sent to the parties. The | 5 |
| clerk shall file the copies in the court file.
|
|