State of Illinois
90th General Assembly
Legislation

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90_HB1141eng

      305 ILCS 5/10-16.4 new
      750 ILCS 5/706.3 new
      750 ILCS 15/4.2 new
      750 ILCS 20/26.2 new
      750 ILCS 45/20.5 new
          Amends the Public Aid Code, the Marriage and  Dissolution
      of  Marriage Act, the Non-Support of Spouse and Children Act,
      the Revised Uniform Reciprocal Enforcement  of  Support  Act,
      and  the  Parentage  Act  of  1984.  Provides that whenever a
      court finds that a  child  support  obligor  either  owes  an
      arrearage  of more than $3,000 or is delinquent in payment of
      an amount equal to at least 3 months' support obligation, the
      court shall direct the clerk of the court to make information
      concerning  the  obligor  available  to  consumer   reporting
      agencies  and  to  cause the obligor's name and address to be
      published in the newspaper.
                                                     LRB9004308DJbd
HB1141 Engrossed                               LRB9004308DJbd
 1        AN ACT concerning child support, amending named Acts.
 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:
 4        Section  5.   The  Illinois Public Aid Code is amended by
 5    adding Section 10-16.4 as follows:
 6        (305 ILCS 5/10-16.4 new)
 7        Sec. 10-16.4.  Information concerning obligors.
 8        (a)  In this Section:
 9        "Arrearage", "delinquency",  "obligor",  and  "order  for
10    support"  have  the  meanings  attributed  to  those terms in
11    Section 10-16.2 of this Code.
12        "Consumer reporting agency" has the meaning attributed to
13    that term in Section 603(f) of the Fair Credit Reporting Act,
14    15 U.S.C. 1681a(f).
15        (b)  Whenever a court  of  competent  jurisdiction  finds
16    that an obligor either owes an arrearage of more than $10,000
17    or  is delinquent in payment of an amount equal to at least 3
18    months' support obligation pursuant to an order for  support,
19    the  court  shall  direct  the  clerk  of  the  court to make
20    information concerning  the  obligor  available  to  consumer
21    reporting agencies.
22        (c)   Whenever  a  court  of competent jurisdiction finds
23    that an obligor either owes an arrearage of more than $10,000
24    or is delinquent in payment of an amount equal to at least  3
25    months'  support obligation pursuant to an order for support,
26    the court shall direct the clerk of the court  to  cause  the
27    obligor's  name and address to be published in a newspaper of
28    general circulation in the area in which the obligor resides.
29    The clerk shall cause the obligor's name and  address  to  be
30    published  only after sending to the obligor at the obligor's
31    last  known  address,  by  certified  mail,  return   receipt
HB1141 Engrossed            -2-                LRB9004308DJbd
 1    requested, a notice of intent to publish the information.
 2        Section  10.   The  Illinois  Marriage and Dissolution of
 3    Marriage Act is amended by adding Section 706.3 as follows:
 4        (750 ILCS 5/706.3 new)
 5        Sec. 706.3.  Information concerning obligors.
 6        (a)  In this Section:
 7        "Arrearage", "delinquency",  "obligor",  and  "order  for
 8    support"  have  the  meanings  attributed  to  those terms in
 9    Section 706.1 of this Act.
10        "Consumer reporting agency" has the meaning attributed to
11    that term in Section 603(f) of the Fair Credit Reporting Act,
12    15 U.S.C. 1681a(f).
13        (b)  Whenever a court  of  competent  jurisdiction  finds
14    that an obligor either owes an arrearage of more than $10,000
15    or  is delinquent in payment of an amount equal to at least 3
16    months' support obligation pursuant to an order for  support,
17    the  court  shall  direct  the  clerk  of  the  court to make
18    information concerning  the  obligor  available  to  consumer
19    reporting agencies.
20        (c)   Whenever  a  court  of competent jurisdiction finds
21    that an obligor either owes an arrearage of more than $10,000
22    or is delinquent in payment of an amount equal to at least  3
23    months'  support obligation pursuant to an order for support,
24    the court shall direct the clerk of the court  to  cause  the
25    obligor's  name and address to be published in a newspaper of
26    general circulation in the area in which the obligor resides.
27    The clerk shall cause the obligor's name and  address  to  be
28    published  only after sending to the obligor at the obligor's
29    last  known  address,  by  certified  mail,  return   receipt
30    requested, a notice of intent to publish the information.
31        Section  15.   The Non-Support of Spouse and Children Act
HB1141 Engrossed            -3-                LRB9004308DJbd
 1    is amended by adding Section 4.2 as follows:
 2        (750 ILCS 15/4.2 new)
 3        Sec. 4.2.  Information concerning obligors.
 4        (a)  In this Section:
 5        "Arrearage", "delinquency",  "obligor",  and  "order  for
 6    support"  have  the  meanings  attributed  to  those terms in
 7    Section 4.1 of this Act.
 8        "Consumer reporting agency" has the meaning attributed to
 9    that term in Section 603(f) of the Fair Credit Reporting Act,
10    15 U.S.C. 1681a(f).
11        (b)  Whenever a court  of  competent  jurisdiction  finds
12    that an obligor either owes an arrearage of more than $10,000
13    or  is delinquent in payment of an amount equal to at least 3
14    months' support obligation pursuant to an order for  support,
15    the  court  shall  direct  the  clerk  of  the  court to make
16    information concerning  the  obligor  available  to  consumer
17    reporting agencies.
18        (c)   Whenever  a  court  of competent jurisdiction finds
19    that an obligor either owes an arrearage of more than $10,000
20    or is delinquent in payment of an amount equal to at least  3
21    months'  support obligation pursuant to an order for support,
22    the court shall direct the clerk of the court  to  cause  the
23    obligor's  name and address to be published in a newspaper of
24    general circulation in the area in which the obligor resides.
25    The clerk shall cause the obligor's name and  address  to  be
26    published  only after sending to the obligor at the obligor's
27    last  known  address,  by  certified  mail,  return   receipt
28    requested, a notice of intent to publish the information.
29        Section  20.   The Revised Uniform Reciprocal Enforcement
30    of Support Act is amended by adding Section 26.2 as follows:
31        (750 ILCS 20/26.2 new)
HB1141 Engrossed            -4-                LRB9004308DJbd
 1        Sec. 26.2.  Information concerning obligors.
 2        (a)  In this Section:
 3        "Arrearage", "delinquency",  "obligor",  and  "order  for
 4    support"  have  the  meanings  attributed  to  those terms in
 5    Section 26.1 of this Act.
 6        "Consumer reporting agency" has the meaning attributed to
 7    that term in Section 603(f) of the Fair Credit Reporting Act,
 8    15 U.S.C. 1681a(f).
 9        (b)  Whenever a court  of  competent  jurisdiction  finds
10    that an obligor either owes an arrearage of more than $10,000
11    or  is delinquent in payment of an amount equal to at least 3
12    months' support obligation pursuant to an order for  support,
13    the  court  shall  direct  the  clerk  of  the  court to make
14    information concerning  the  obligor  available  to  consumer
15    reporting agencies.
16        (c)   Whenever  a  court  of competent jurisdiction finds
17    that an obligor either owes an arrearage of more than $10,000
18    or is delinquent in payment of an amount equal to at least  3
19    months'  support obligation pursuant to an order for support,
20    the court shall direct the clerk of the court  to  cause  the
21    obligor's  name and address to be published in a newspaper of
22    general circulation in the area in which the obligor resides.
23    The clerk shall cause the obligor's name and  address  to  be
24    published  only after sending to the obligor at the obligor's
25    last  known  address,  by  certified  mail,  return   receipt
26    requested, a notice of intent to publish the information.
27        Section  25.   The  Illinois  Parentage  Act  of  1984 is
28    amended by adding Section 20.5 as follows:
29        (750 ILCS 45/20.5 new)
30        Sec. 20.5.  Information concerning obligors.
31        (a)  In this Section:
32        "Arrearage", "delinquency",  "obligor",  and  "order  for
HB1141 Engrossed            -5-                LRB9004308DJbd
 1    support"  have  the  meanings  attributed  to  those terms in
 2    Section 20 of this Act.
 3        "Consumer reporting agency" has the meaning attributed to
 4    that term in Section 603(f) of the Fair Credit Reporting Act,
 5    15 U.S.C. 1681a(f).
 6        (b)  Whenever a court  of  competent  jurisdiction  finds
 7    that an obligor either owes an arrearage of more than $10,000
 8    or  is delinquent in payment of an amount equal to at least 3
 9    months' support obligation pursuant to an order for  support,
10    the  court  shall  direct  the  clerk  of  the  court to make
11    information concerning  the  obligor  available  to  consumer
12    reporting agencies.
13        (c)   Whenever  a  court  of competent jurisdiction finds
14    that an obligor either owes an arrearage of more than $10,000
15    or is delinquent in payment of an amount equal to at least  3
16    months'  support obligation pursuant to an order for support,
17    the court shall direct the clerk of the court  to  cause  the
18    obligor's  name and address to be published in a newspaper of
19    general circulation in the area in which the obligor resides.
20    The clerk shall cause the obligor's name and  address  to  be
21    published  only after sending to the obligor at the obligor's
22    last  known  address,  by  certified  mail,  return   receipt
23    requested, a notice of intent to publish the information.

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