Full Text of SB1358 98th General Assembly
SB1358ham002 98TH GENERAL ASSEMBLY | Rep. Arthur Turner Filed: 5/15/2013
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| 1 | | AMENDMENT TO SENATE BILL 1358
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1358 as follows:
| 3 | | on page 1, line 5, by replacing "Section 10-15.1" with | 4 | | "Sections 10-15.1 and 10-16.5"; and | 5 | | on page 6, immediately below line 19, by inserting the | 6 | | following:
| 7 | | "(305 ILCS 5/10-16.5)
| 8 | | Sec. 10-16.5. Interest on support obligations. A support | 9 | | obligation, or
any portion of a support obligation, which | 10 | | becomes due and remains unpaid as of the end of each month, | 11 | | excluding the child support that was due for that month to the | 12 | | extent that it was not paid in that month,
shall accrue simple | 13 | | interest as set forth in Section 12-109 of the Code of Civil | 14 | | Procedure.
An order for support entered or modified on or after | 15 | | January 1, 2006 shall
contain a statement that a support |
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| 1 | | obligation required under the order, or any
portion of a | 2 | | support obligation required under the order, that becomes due | 3 | | and
remains unpaid as of the end of each month, excluding the | 4 | | child support that was due for that month to the extent that it | 5 | | was not paid in that month, shall accrue simple interest as set | 6 | | forth in Section 12-109 of the Code of Civil Procedure. Failure | 7 | | to include the statement in the order for support does
not | 8 | | affect the validity of the order or the accrual of interest as | 9 | | provided in
this Section.
| 10 | | In cases in which IV-D services are being provided, the | 11 | | Department shall provide, by rule, for a one-time notice to | 12 | | obligees advising the obligee that he or she must notify the | 13 | | Department within 60 days of the notice that he or she wishes | 14 | | to have the Department compute any interest that accrued on a | 15 | | specific docket in his or her case between May 1, 1987 and | 16 | | December 31, 2005. If the obligee fails to notify the | 17 | | Department within the 60-day period: (i) the Department shall | 18 | | have no further duty to enforce and collect interest accrued on | 19 | | support obligations established under this Code or under any | 20 | | other law that are owed to the obligee prior to January 1, | 21 | | 2006; and (ii) any interest due on that docket prior to 2006 | 22 | | may be pursued by the obligee through a court action, but not | 23 | | through the Department's IV-D agency. | 24 | | (Source: P.A. 94-90, eff. 1-1-06.)
| 25 | | Section 10. The Code of Civil Procedure is amended by |
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| 1 | | changing Section 12-109 as follows:
| 2 | | (735 ILCS 5/12-109) (from Ch. 110, par. 12-109)
| 3 | | Sec. 12-109. Interest on judgments. | 4 | | (a) Every judgment except those
arising by operation of law | 5 | | from child support orders shall bear interest
thereon as | 6 | | provided in Section 2-1303. | 7 | | (b) Every judgment arising by
operation of law from a child | 8 | | support order shall bear interest as provided
in this | 9 | | subsection. The interest on judgments arising by operation of | 10 | | law from child support orders shall be calculated by applying | 11 | | one-twelfth of the current statutory interest rate as provided | 12 | | in Section 2-1303 to the unpaid child support balance as of the | 13 | | end of each calendar month. The unpaid child support balance at | 14 | | the end of the month is the total amount of child support | 15 | | ordered, excluding the child support that was due for that | 16 | | month to the extent that it was not paid in that month and | 17 | | including judgments for retroactive child support, less all | 18 | | payments received and applied as set forth in this subsection. | 19 | | The accrued interest shall not be included in the unpaid child | 20 | | support balance when calculating interest at the end of the | 21 | | month. The unpaid child support balance as of the end of each | 22 | | month shall be determined by calculating the current monthly | 23 | | child support obligation and applying all payments received for | 24 | | that month, except federal income tax refund intercepts, first | 25 | | to the current monthly child support obligation and then |
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| 1 | | applying any payments in excess of the current monthly child | 2 | | support obligation to the unpaid child support balance owed | 3 | | from previous months. The current monthly child support | 4 | | obligation shall be determined from the document that | 5 | | established the support obligation. Federal income tax refund | 6 | | intercepts and any payments in excess of the current monthly | 7 | | child support obligation shall be applied to the unpaid child | 8 | | support balance. Any payments in excess of the current monthly | 9 | | child support obligation and the unpaid child support balance | 10 | | shall be applied to the accrued interest on the unpaid child | 11 | | support balance. Interest on child support obligations may be | 12 | | collected by any means available under State law for the | 13 | | collection of child support judgments federal and State laws, | 14 | | rules, and regulations providing for the collection of child | 15 | | support .
| 16 | | (Source: P.A. 94-90, eff. 1-1-06.)".
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