(750 ILCS 28/30)
Sec. 30.
Initiated withholding.
(a) Notwithstanding any other provision of this Act, if the
court has
not
required
that income withholding take effect immediately, the obligee or public office
may
initiate withholding, regardless of whether a delinquency has accrued,
by preparing and serving an income withholding notice on
the
payor that contains the information required under subsection (c) of Section
20 and
states that the
parties' written agreement providing an alternative
arrangement to
immediate withholding under subsection (a) of Section 20 no longer ensures
payment of support due
and the reason or reasons why it does not.
(b) The income withholding notice and the obligor's copy of the income
withholding notice shall be served as provided in subsection (g) of Section
20.
(c) The obligor may contest withholding commenced under this Section by
filing
a petition to contest withholding with the Clerk of the Circuit Court within 20
days
after service of a copy of the income withholding notice on the obligor.
However, the
grounds for the petition shall be limited to a dispute
concerning:
(1) whether the parties' written agreement providing |
(2) the identity of the obligor.
It shall not be grounds for filing a petition that the obligor has made
all payments due by the date of the petition.
(d) If the obligor files a petition contesting withholding within the 20-day
period
required under subsection (c), the Clerk of the Circuit Court shall notify the
obligor and
the obligee or public office, as appropriate, of the time and place of the
hearing on the
petition. The court shall hold the hearing pursuant to the provisions of
Section 40.
(Source: P.A. 90-673, eff. 1-1-99.)
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