Full Text of HB4680 93rd General Assembly
HB4680 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB4680
Introduced 02/04/04, by James H. Meyer SYNOPSIS AS INTRODUCED: |
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Amends the Illinois Public Aid Code. Makes a technical change in a Section
concerning the payment of support to the State Disbursement Unit.
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A BILL FOR
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HB4680 |
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LRB093 20156 DRJ 45901 b |
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| AN ACT in relation to support.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Illinois Public Aid Code is amended by | 5 |
| changing
Section 10-10.4 as follows:
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| (305 ILCS 5/10-10.4)
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| Sec. 10-10.4. Payment of support
Support to State | 8 |
| Disbursement Unit.
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| (a) As used in this Section:
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| "Order for support", "obligor", "obligee", and "payor" | 11 |
| mean those terms as
defined in the Income Withholding for | 12 |
| Support Act, except that "order for
support" shall not mean | 13 |
| orders providing for spousal maintenance under which
there is | 14 |
| no child support obligation.
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| (b) Notwithstanding any other provision of this Code to the | 16 |
| contrary, each
court or administrative order for support | 17 |
| entered or modified on or after
October 1, 1999 shall require | 18 |
| that support payments be made to the State
Disbursement Unit | 19 |
| established under Section 10-26 if:
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| (1) a party to the order is receiving child support
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| enforcement services
under this Article X; or
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| (2) no party to the order is receiving child support
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| enforcement services,
but the support payments are made | 24 |
| through income withholding.
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| (c) Support payments shall be made
to the State | 26 |
| Disbursement Unit if:
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| (1) the order for support was entered before October 1, | 28 |
| 1999, and a party
to the order is receiving child support | 29 |
| enforcement services
under this Article X; or
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| (2) no party to the order is receiving child support | 31 |
| enforcement services, and the support
payments are being | 32 |
| made through income withholding.
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HB4680 |
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LRB093 20156 DRJ 45901 b |
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| (c-5) If no party to the order is receiving child support
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| enforcement services under this Article X, and the support | 3 |
| payments are not
being made
through income withholding, then | 4 |
| support payments shall be made as directed in
the order for | 5 |
| support.
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| (c-10) At any time, and notwithstanding the existence of an | 7 |
| order
directing payments
to be made elsewhere, the Department | 8 |
| of Public Aid may provide notice to the
obligor and, where | 9 |
| applicable, to the obligor's payor:
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| (1) to make support payments to the State Disbursement | 11 |
| Unit if:
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| (A) a party to the order for support is receiving | 13 |
| child support
enforcement services under this Article | 14 |
| X; or
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| (B) no party to the order for support is receiving | 16 |
| child support
enforcement services under this Article | 17 |
| X, but the support payments are
made through income | 18 |
| withholding; or
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| (2) to make support payments to the State Disbursement | 20 |
| Unit of another
state upon request of another state's Title | 21 |
| IV-D child support enforcement
agency, in accordance with | 22 |
| the requirements of Title IV, Part D of the Social
Security | 23 |
| Act and regulations promulgated under that Part D.
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| (c-15) Within 15 days after the effective date of this | 25 |
| amendatory Act of the
91st General Assembly, the clerk of the | 26 |
| circuit court shall provide written
notice to the obligor to | 27 |
| make payments
directly to the clerk of the circuit court if no | 28 |
| party to the order is
receiving child
support enforcement | 29 |
| services under this Article X, the support payments are
not | 30 |
| made
through income withholding, and the order for support | 31 |
| requires support payments
to
be made
directly to the clerk of | 32 |
| the
circuit court.
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| (c-20) If the State Disbursement Unit receives a support | 34 |
| payment that was
not
appropriately made to the Unit under this | 35 |
| Section, the Unit shall immediately
return the
payment to the | 36 |
| sender, including, if possible, instructions detailing where |
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HB4680 |
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LRB093 20156 DRJ 45901 b |
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| to
send the support payments.
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| (d) The notices under subsections (c-10) and
(c-15) may be | 3 |
| sent by ordinary
mail, certified mail, return receipt | 4 |
| requested, facsimile transmission, or
other electronic | 5 |
| process, or may be served upon the obligor or payor using any
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| method provided by law for service of a summons. A copy of the | 7 |
| notice shall be
provided to the obligee and, when the order for | 8 |
| support
was entered by the court, to the clerk of the court.
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| (Source: P.A. 91-212, eff. 7-20-99; 91-677, eff. 1-5-00; | 10 |
| 92-590, eff. 7-1-02.)
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