Full Text of HB0785 94th General Assembly
HB0785eng 94TH GENERAL ASSEMBLY
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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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| 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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| 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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| 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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| 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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| (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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| 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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| 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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| 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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| (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.
| 8 |
| (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.)
| 10 |
| (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.
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| (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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| 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.
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| (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 |
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| 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
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| transmission.
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| (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 Engrossed |
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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 Engrossed |
- 14 - |
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 Engrossed |
- 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 Engrossed |
- 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 Engrossed |
- 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 Engrossed |
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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 Engrossed |
- 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 Engrossed |
- 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 Engrossed |
- 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 Engrossed |
- 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 Engrossed |
- 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 Engrossed |
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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 Engrossed |
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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 Engrossed |
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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 |
|
|
|
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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.
|
|