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90_HB2359eng
SEE INDEX
Amends the Child Support Information Act, the Attorney
General Act, the Illinois Administrative Procedure Act, the
Intergovernmental Cooperation Act, the New Hire Reporting
Act, the Civil Administrative Code of Illinois, the Illinois
Public Aid Code, the Vital Records Act, the Fish and Aquatic
Life Code, the Wildlife Code, the Illinois Vehicle Code, the
Attorney Act, the Illinois Marriage and Dissolution of
Marriage Act, the Non-Support of Spouse and Children Act, the
Uniform Interstate Family Support Act, the Expedited Child
Support Act of 1990, the Illinois Parentage Act of 1984, and
the Unemployment Insurance Act. Transfers child support
collection functions from the Department of Public Aid to the
Attorney General. Effective immediately.
LRB9007364SMdv
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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 2. The Child Support Information Act is amended
5 by changing Section 10 as follows:
6 (5 ILCS 405/10)
7 Sec. 10. Statement of child support obligation. As of
8 the effective date of this Act, any employment application
9 forms used by any State agency shall include a statement to
10 be signed by the applicant concerning whether the applicant
11 has a child support obligation under a court or
12 administrative order for support and, if so, providing the
13 names of the obligee and the child or children covered by the
14 order, the name of the court or administrative agency which
15 issued the order, the order number, and whether the applicant
16 is in default of the obligation. The fact that an applicant
17 or an employee has a child support obligation with which he
18 or she is in default shall not be grounds for refusal to hire
19 the applicant or for discharge of the employee.
20 Upon hiring the applicant, the State agency shall provide
21 the statement of child support obligation to the Attorney
22 General Illinois Department of Public Aid for its use in
23 accordance with Section 7.245 10-22 of the Attorney General
24 Act Illinois Public Aid Code.
25 (Source: P.A. 87-1172.)
26 Section 5. The Attorney General Act is amended by adding
27 Sections 7.1 through 7.295 as follows:
28 (15 ILCS 205/7.1 new)
29 Sec. 7.1. Transfer of powers from Department of Public
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1 Aid.
2 (a) On the effective date of this amendatory Act of
3 1997, all the rights, powers, and duties vested by law in the
4 Illinois Department of Public Aid or the Department's Child
5 and Spouse Support Unit under Article X of the Illinois
6 Public Aid Code are transferred to the Attorney General.
7 Wherever, in any other Act, there is a reference to the
8 Illinois Department of Public Aid or the Department's Child
9 and Spouse Support Unit or to an officer, employee, or agent
10 of that Department or Unit concerning rights, powers, and
11 duties vested or performed under the authority of Article X
12 of the Illinois Public Aid Code, that reference, beginning on
13 the effective date of this amendatory Act of 1997, means the
14 Attorney General, the Child and Spouse Support Unit
15 established under Section 7.20 of this Act, or an officer,
16 employee, or agent of the Attorney General or the Child and
17 Spouse Support Unit established under Section 7.20.
18 (b) All books, records, property, pending business, and
19 funds pertaining to the rights, powers, and duties
20 transferred under this Section and in the custody of the
21 Illinois Department of Public Aid or the Department's Child
22 and Spouse Support Unit on the effective date of this
23 amendatory Act of 1997 shall be delivered and transferred to
24 the Attorney General on that date.
25 (c) Beginning on the effective date of this amendatory
26 Act of 1997, the rights, powers, and duties transferred by
27 this Section to the Attorney General shall be vested in and
28 shall be exercised by the Attorney General subject to the
29 provisions of this Section through Section 7.295. Each act
30 done in the exercise of those rights, powers, and duties
31 shall have the same legal effect as if done by the Illinois
32 Department of Public Aid or that Department's Child and
33 Spouse Support Unit.
34 (d) Beginning on the effective date of this amendatory
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1 Act of 1997, every person and other legal entity shall be
2 subject to the same obligations and duties, and civil and
3 criminal penalties arising from those obligations and duties,
4 and shall have the same rights arising from the exercise of
5 rights, powers, and duties by the Attorney General or an
6 officer, employee, or agent of the Attorney General, as if
7 those rights, powers, and duties have been exercised by the
8 Illinois Department of Public Aid, that Department's Child
9 and Spouse Support Unit, or an officer, employee, or agent of
10 that Department or Unit.
11 (e) Whenever reports or notices are now required to be
12 made or given or papers or documents furnished or served by
13 any person to or upon the Illinois Department of Public Aid
14 or that Department's Child and Spouse Support Unit under
15 Article X of the Illinois Public Aid Code, those reports or
16 notices shall, on and after the effective date of this
17 amendatory Act of 1997, be made, given, furnished, or served
18 in the same manner to or upon the Attorney General.
19 (f) The provisions of this Section through Section 7.295
20 do not affect any act done, ratified, or cancelled, or any
21 right occurring or established, or any action or proceeding
22 had or commenced in an administrative, civil, or criminal
23 cause before the effective date of this amendatory Act of
24 1997 by the Illinois Department of Public Aid or that
25 Department's Child and Spouse Support Unit under Article X of
26 the Illinois Public Aid Code, and those actions or
27 proceedings may be prosecuted and continued by the Attorney
28 General.
29 (g) No by-law, rule, or regulation adopted by the
30 Illinois Department of Public Aid as an exercise of a right,
31 power, or duty that has been transferred to the Attorney
32 General under this Section through Section 7.295 shall be
33 affected by those Sections. On the effective date of this
34 amendatory Act of 1997, those by-laws, rules, and regulations
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1 shall become the by-laws, rules, and regulations of the
2 Attorney General.
3 (h) If waivers of any federal law or regulation are
4 necessary to enable the Attorney General to implement any
5 provisions of this amendatory Act of 1997, the Attorney
6 General, promptly after the effective date of this amendatory
7 Act of 1997, shall apply for those waivers, and
8 implementation of those provisions is conditioned on the
9 Attorney General's receipt of those waivers.
10 (i) Personnel employed by the Illinois Department of
11 Public Aid to perform functions that are transferred by this
12 amendatory Act of 1997 to the Attorney General shall, upon
13 the effective date of this amendatory Act of 1997, become
14 employees of the Office of the Attorney General. All
15 transferred employees who are members of collective
16 bargaining units shall retain their seniority, continuous
17 service, salary, and accrued benefits. During the pendency
18 of the existing collective bargaining agreement, the rights
19 provided for under that agreement and memoranda and
20 supplements to that agreement, including, but not limited to,
21 the right of employees in the Child and Spouse Support Unit
22 to positions in other State agencies and the right of
23 employees in other State agencies covered by the agreement to
24 positions in the Child and Spouse Support Unit, shall not be
25 abridged.
26 The Office of the Attorney General shall continue to
27 honor all collective bargaining agreements in effect at the
28 time of the transfer and to recognize all collective
29 bargaining representatives for the employees who perform or
30 will perform functions transferred by this amendatory Act of
31 1997. For all purposes with respect to the management of the
32 existing agreement and the negotiation and management of any
33 successor agreements, the Attorney General shall be deemed to
34 be the employer of employees who perform or will perform
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1 functions transferred by this amendatory Act of 1997;
2 provided that the Illinois Department of Central Management
3 Services shall be a party to any grievance or arbitration
4 proceeding held pursuant to the provisions of the collective
5 bargaining agreement which involves the movement of employees
6 from the Office of the Attorney General to an agency under
7 the jurisdiction of the Governor covered by the agreement.
8 (j) Personnel employed by the Department of Public Aid
9 to perform functions that are not clearly classifiable as
10 being related to the determination and enforcement of support
11 responsibility of relatives under Article X of the Illinois
12 Public Aid Code or who are employed to perform complex
13 functions that are transferred only in part to the Attorney
14 General under this amendatory Act of 1997 shall be assigned
15 to the appropriate Department by the Director of Public Aid
16 and the Attorney General, in consultation with the Director
17 of Central Management Services.
18 (k) The rights of State employees, the State, and its
19 agencies under applicable retirement plans are not affected
20 by this amendatory Act of 1997.
21 (15 ILCS 205/7.5 new)
22 Sec. 7.5. Public policy; persons eligible for services;
23 fees. It is the intent of the Illinois Public Aid Code that
24 the financial aid and social welfare services provided under
25 that Code supplement rather than supplant the primary and
26 continuing obligation of the family unit for self-support to
27 the fullest extent permitted by the resources available to
28 it. This primary and continuing obligation applies whether
29 the family unit of parents and children or of husband and
30 wife remains intact and resides in a common household or
31 whether the unit has been broken by absence of one or more
32 members of the unit. The obligation of the family unit is
33 particularly applicable when a member is in necessitous
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1 circumstances and lacks the means of a livelihood compatible
2 with health and well-being.
3 It is the purpose of Sections 7.1 through 7.295 to
4 provide for locating an absent parent or spouse, for
5 determining his financial circumstances, and for enforcing
6 his legal obligation of support, if he is able to furnish
7 support, in whole or in part. The Attorney General shall
8 give priority to establishing, enforcing and collecting the
9 current support obligation, and then to past due support owed
10 to the family unit, except with respect to collections
11 effected through the intercept programs provided for in
12 Sections 7.1 through 7.295.
13 The child and spouse support services provided under
14 Sections 7.1 through 7.295 shall be furnished dependents of
15 an absent parent or spouse who are applicants for or
16 recipients of financial aid under the Illinois Public Aid
17 Code. It is not, however, a condition of eligibility for
18 financial aid under that Code that there be no responsible
19 relatives who are reasonably able to provide support. Nor,
20 except as provided in Section 4-1.7 of that Code and Section
21 7.50 of this Act, shall the existence of such relatives or
22 their payment of support contributions disqualify a needy
23 person for financial aid.
24 By accepting financial aid under the Illinois Public Aid
25 Code, a spouse or a parent or other person having custody of
26 a child shall be deemed to have made assignment to the State
27 of Illinois (for aid under Articles III, IV, V, and VII of
28 that Code) or to a local governmental unit (for aid under
29 Article VI of that Code) of all rights, title, and interest
30 in any support obligation up to the amount of financial aid
31 provided by that department or local governmental unit. The
32 rights to support assigned to the State of Illinois or local
33 governmental unit shall constitute an obligation owed the
34 State or local governmental unit by the person who is
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1 responsible for providing the support, and shall be
2 collectible under all applicable processes.
3 The Attorney General shall also furnish the child and
4 spouse support services established under Sections 7.1
5 through 7.295 in behalf of spouses and dependent children who
6 are not applicants for or recipients of financial aid under
7 the Illinois Public Aid Code in accordance with the
8 requirements of Title IV, Part D of the Social Security Act.
9 The Attorney General may establish a schedule of reasonable
10 fees, to be paid for the services provided and may deduct a
11 collection fee, not to exceed 10% of the amount collected,
12 from such collection. The Attorney General shall cause to be
13 published and distributed publications reasonably calculated
14 to inform the public that individuals who are not recipients
15 of or applicants for public aid under the Illinois Public Aid
16 Code are eligible for the child and spouse support services
17 under Sections 7.1 through 7.295. Such publications shall
18 set forth an explanation, in plain language, that the child
19 and spouse support services program is independent of any
20 public aid program under the Code and that the receiving of
21 child and spouse support service in no way implies that the
22 person receiving such service is receiving public aid.
23 (15 ILCS 205/7.10 new)
24 Sec. 7.10. Extent of liability. A husband is liable for
25 the support of his wife and a wife for the support of her
26 husband. The parents are severally liable for the support of
27 any child under the age of 18, except that a parent is not
28 liable for a child of any age if the child has married and is
29 not living with the parent or parents. The term "child"
30 includes a child born out of wedlock or legally adopted
31 child.
32 In addition to the primary obligation of support imposed
33 upon responsible relatives, such relatives, if individually
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1 or together in any combination they have sufficient income or
2 other resources to support a needy person, in whole or in
3 part, shall be liable for any financial aid extended under
4 the Illinois Public Aid Code to a person for whose support
5 they are responsible, including amounts expended for funeral
6 and burial costs.
7 (15 ILCS 205/7.15 new)
8 Sec. 7.15. Standard for determining ability to support.
9 The Attorney General shall establish a standard by which
10 shall be measured the ability of responsible relatives to
11 provide support, and shall implement the standard by rules
12 governing its application. The standard and the rules shall
13 take into account the buying and consumption patterns of
14 self-supporting persons of modest income, present or future
15 contingencies having direct bearing on maintenance of the
16 relative's self-support status and fulfillment of his
17 obligations to his immediate family, and any unusual or
18 exceptional circumstances including estrangement or other
19 personal or social factors, that have a bearing on family
20 relationships and the relative's ability to meet his support
21 obligations. The standard shall be recomputed periodically
22 to reflect changes in the cost of living and other pertinent
23 factors.
24 In addition to the standard, the Attorney General may
25 establish guidelines to be used exclusively to measure the
26 ability of responsible relatives to provide support on behalf
27 of applicants for or recipients of financial aid under
28 Article IV of the Illinois Public Aid Code and other persons
29 who are given access to the child and spouse support services
30 of Sections 7.1 through 7.295 of this Act as provided in
31 Section 7.5. In such case, the Attorney General shall base
32 the guidelines upon the applicable provisions of Sections
33 504, 505 and 505.2 of the Illinois Marriage and Dissolution
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1 of Marriage Act and shall implement such guidelines by rules
2 governing their application.
3 The term "administration enforcement unit", when used in
4 Sections 7.5 through 7.295, means local governmental units or
5 the Child and Spouse Support Unit established under Section
6 7.20 when exercising the powers designated in Sections 7.1
7 through 7.295. The administrative enforcement unit shall
8 apply the standard or guidelines, rules and procedures
9 provided for by this Section and Sections 7.30 through 7.50
10 in determining the ability of responsible relatives to
11 provide support for applicants for or recipients of financial
12 aid under the Illinois Public Aid Code, except that the
13 administrative enforcement unit may apply such standard or
14 guidelines, rules and procedures at its discretion with
15 respect to those applicants for or recipients of financial
16 aid under Article IV of that Code and other persons who are
17 given access to the child and spouse support services of
18 Sections 7.1 through 7.295 of this Act as provided by Section
19 7.5.
20 (15 ILCS 205/7.20 new)
21 Sec. 7.20. Child and Spouse Support Unit. The Attorney
22 General shall establish within his or her administrative
23 staff a Child and Spouse Support Unit to search for and
24 locate absent parents and spouses liable for the support of
25 persons resident in this State and to exercise the support
26 enforcement powers and responsibilities assigned the Attorney
27 General by Sections 7.1 through 7.295. The Unit shall
28 cooperate with all law enforcement officials in this State
29 and with the authorities of other states in locating persons
30 responsible for the support of persons resident in other
31 states and shall invite the cooperation of these authorities
32 in the performance of its duties.
33 In addition to other duties assigned the Child and Spouse
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1 Support Unit by Sections 7.1 through 7.295, the Unit may
2 refer to units of local government any actions under Sections
3 7.60 and 7.155 for judicial enforcement of the support
4 liability.
5 The Attorney General may enter into agreements with local
6 governmental units or individuals for the collection of
7 moneys owing because of the failure of a parent to make child
8 support payments for any child receiving services under
9 Sections 7.1 through 7.295. Such agreements may be on a
10 contingent fee basis, but such contingent fee shall not
11 exceed 25% of the total amount collected.
12 An attorney who provides representation pursuant to this
13 Section shall represent the Attorney General exclusively.
14 Regardless of the designation of the plaintiff in an action
15 brought pursuant to this Section, an attorney-client
16 relationship does not exist for purposes of that action
17 between that attorney and (i) an applicant for or recipient
18 of child and spouse support services or (ii) any other party
19 to the action other than the Attorney General. Nothing in
20 this Section shall be construed to modify any power or duty
21 (including a duty to maintain confidentiality) of the Child
22 and Spouse Support Unit or the Attorney General otherwise
23 provided by law.
24 The Attorney General may enter into agreements with local
25 governmental units for the Child and Spouse Support Unit to
26 exercise the investigative and enforcement powers designated
27 in Sections 7.1 through 7.295, including the issuance of
28 administrative orders under Section 7.80, in locating
29 responsible relatives and obtaining support for persons
30 applying for or receiving aid under Article VI of the
31 Illinois Public Aid Code. Payments for defrayment of
32 administrative costs and support payments obtained shall be
33 deposited into the Public Assistance Recoveries Trust Fund.
34 Support payments shall be paid over to the General Assistance
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1 Fund of the local governmental unit at such time or times as
2 the agreement may specify.
3 With respect to those cases in which it has support
4 enforcement powers and responsibilities under Sections 7.1
5 through 7.295, the Attorney General may provide by rule for
6 periodic or other review of each administrative and court
7 order for support to determine whether a modification of the
8 order should be sought. The Attorney General shall provide
9 for and conduct such review in accordance with any applicable
10 federal law and regulation.
11 As part of its process for review of orders for support,
12 the Attorney General, through written notice, may require the
13 responsible relative to disclose his or her Social Security
14 Number and past and present information concerning the
15 relative's address, employment, gross wages, deductions from
16 gross wages, net wages, bonuses, commissions, number of
17 dependent exemptions claimed, individual and dependent health
18 insurance coverage, and any other information necessary to
19 determine the relative's ability to provide support in a case
20 receiving child and spouse support services under Sections
21 7.1 through 7.295.
22 The Attorney General may send a written request for the
23 same information to the relative's employer. The employer
24 shall respond to the request for information within 15 days
25 after the date the employer receives the request. If the
26 employer willfully fails to fully respond within the 15-day
27 period, the employer shall pay a penalty of $100 for each day
28 that the response is not provided to the Attorney General
29 after the 15-day period has expired. The penalty may be
30 collected in a civil action which may be brought against the
31 employer in favor of the Attorney General.
32 A written request for information sent to an employer
33 pursuant to this Section shall consist of (i) a citation of
34 this Section as the statutory authority for the request and
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1 for the employer's obligation to provide the requested
2 information, (ii) a returnable form setting forth the
3 employer's name and address and listing the name of the
4 employee with respect to whom information is requested, and
5 (iii) a citation of this Section as the statutory authority
6 authorizing the employer to withhold a fee of up to $20 from
7 the wages or income to be paid to each responsible relative
8 for providing the information to the Attorney General within
9 the 15-day period. If the employer is withholding support
10 payments from the responsible relative's income pursuant to
11 an order for withholding, the employer may withhold the fee
12 provided for in this Section only after withholding support
13 as required under the order. Any amounts withheld from the
14 responsible relative's income for payment of support and the
15 fee provided for in this Section shall not be in excess of
16 the amounts permitted under the federal Consumer Credit
17 Protection Act.
18 In a case receiving child and spouse support services,
19 the Attorney General may request and obtain information from
20 a particular employer under this Section no more than once in
21 any 12-month period, unless the information is necessary to
22 conduct a review of a court or administrative order for
23 support at the request of the person receiving child and
24 spouse support services.
25 The Attorney General shall establish and maintain an
26 administrative unit to receive and transmit to the Child and
27 Spouse Support Unit information supplied by persons applying
28 for or receiving child and spouse support services under
29 Section 7.5.
30 In addition to its other powers and responsibilities
31 established by Sections 7.1 through 7.295, the Child and
32 Spouse Support Unit shall conduct an annual assessment of
33 each institution's program for institution based paternity
34 establishment under Section 12 of the Vital Records Act.
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1 (15 ILCS 205/7.25 new)
2 Sec. 7.25. Parent locator service. The Attorney General
3 through the Child and Spouse Support Unit shall enter into
4 agreements with the Secretary of Health and Human Services or
5 his designee under which the services of the federal Parent
6 Locator Service established by the Social Security Act are
7 made available to this State and the Attorney General for the
8 purpose of locating an absent parent or child when the child
9 has been abducted or otherwise improperly removed or retained
10 from the physical custody of a parent or other person
11 entitled to custody of the child, or in connection with the
12 making or enforcing of a child custody determination in
13 custody proceedings instituted under the Uniform Child
14 Custody Jurisdiction Act, or otherwise in accordance with
15 law. The Attorney General shall provide general information
16 to the public about the availability and use of the Parent
17 Locator Service in relation to child abduction and custody
18 determination proceedings, shall promptly respond to
19 inquiries made by those parties specified by federal
20 regulations upon receipt of information as to the location of
21 an absent parent or child from the federal Parent Locator
22 Service, and shall maintain accurate records as to the number
23 of such inquiries received and processed by the Attorney
24 General.
25 (15 ILCS 205/7.27 new)
26 Sec. 7.27. Locating support obligor and others;
27 penalties.
28 (a) The Child and Spouse Support Unit may request and
29 receive from employers, labor unions, telephone companies,
30 and utility companies location information concerning
31 putative fathers and noncustodial parents for the purpose of
32 establishing a child's paternity or establishing, enforcing,
33 or modifying a child support obligation. In this Section,
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1 "location information" means information about (i) the
2 physical whereabouts of a putative father or noncustodial
3 parent, (ii) the putative father or noncustodial parent's
4 employer, or (iii) the salary, wages, and other compensation
5 paid and the health insurance coverage provided to the
6 putative father or noncustodial parent by the employer of the
7 putative father or noncustodial parent or by a labor union of
8 which the putative father or noncustodial parent is a member.
9 The employer of a putative father or noncustodial parent
10 or the labor union of which the putative father or
11 noncustodial parent is a member shall respond to the request
12 of the Child and Spouse Support Unit within 15 days after the
13 employer or labor union receives the request. Any employer
14 or labor union that willfully fails to fully respond within
15 the 15-day period shall be subject to a penalty of $100 for
16 each day that the response is not provided to the Attorney
17 General after the 15-day period has expired. The penalty may
18 be collected in a civil action, which may be brought against
19 the employer or labor union in favor of the Attorney General.
20 (b) Pursuant to an administrative subpoena as authorized
21 under Sections 7.1 through 7.295, the Child and Spouse
22 Support Unit may request and receive from utility companies
23 and cable television companies location information
24 concerning individuals who owe or are owed support or against
25 whom or with respect to whom a support obligation is sought.
26 (15 ILCS 205/7.28 new)
27 Sec. 7.28. Obtaining location information.
28 (a) The Attorney General shall enter into agreements
29 with the Department of State Police and the Secretary of
30 State to obtain location information on persons for the
31 purpose of establishing paternity and establishing,
32 modifying, and enforcing child support obligations.
33 (b) Upon request, the Attorney General shall provide
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1 information obtained pursuant to this Section to federal
2 agencies and other states' agencies conducting child support
3 enforcement activities under Title IV, Part D of the Social
4 Security Act.
5 (15 ILCS 205/7.30 new)
6 Sec. 7.30. Notification of support obligation. The
7 administrative enforcement unit within the authorized area of
8 its operation shall notify each responsible relative of an
9 applicant or recipient, or responsible relatives of other
10 persons given access to the support services of Sections 7.1
11 through 7.295, of his legal obligation to support and shall
12 request such information concerning his financial status as
13 may be necessary to determine whether he is financially able
14 to provide such support, in whole or in part. In cases
15 involving a child born out of wedlock, the notification shall
16 include a statement that the responsible relative has been
17 named as the biological father of the child identified in the
18 notification.
19 In the case of applicants, the notification shall be sent
20 as soon as practical after the filing of the application. In
21 the case of recipients, the notice shall be sent at such time
22 as may be established by rule of the Attorney General.
23 The notice shall be accompanied by the forms or
24 questionnaires provided in Section 7.35. It shall inform the
25 relative that he may be liable for reimbursement of any
26 support furnished from public aid funds prior to
27 determination of the relative's financial circumstances, as
28 well as for future support. In the alternative, when support
29 is sought on behalf of applicants for or recipients of
30 financial aid under Article IV of the Illinois Public Aid
31 Code and other persons who are given access to the child and
32 spouse support services of Section 7.1 through 7.295 as
33 provided in Section 7.5, the notice shall inform the relative
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1 that the relative may be required to pay support for a period
2 before the date an administrative support order is entered,
3 as well as future support.
4 Neither the mailing nor receipt of such notice shall be
5 deemed a jurisdictional requirement for the subsequent
6 exercise of the investigative procedures undertaken by an
7 administrative enforcement unit or the entry of any order or
8 determination of paternity or support or reimbursement by the
9 administrative enforcement unit; except that notice shall be
10 served by certified mail addressed to the responsible
11 relative at his or her last known address, return receipt
12 requested, or by any method provided by law for service of
13 summons, in cases where a determination of paternity or
14 support by default is sought on behalf of applicants for or
15 recipients of financial aid under Article IV of the Illinois
16 Public Aid Code and other persons who are given access to the
17 child and spouse support services of Sections 7.1 through
18 7.295 as provided in Section 7.5.
19 (15 ILCS 205/7.35 new)
20 Sec. 7.35. Declarations by responsible relatives;
21 penalty.
22 Information requested of responsible relatives shall be
23 submitted on forms or questionnaires prescribed by the
24 Attorney General or local governmental units, as the case may
25 be, and shall contain a written declaration to be signed by
26 the relative in substantially the following form:
27 "I declare under penalties of perjury that I have
28 examined this form (or questionnaire) and all accompanying
29 statements or documents pertaining to my income, resources,
30 or any other matter having bearing upon my status and ability
31 to provide support, and to the best of my knowledge and
32 belief the information supplied is true, correct, and
33 complete."
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1 A person who makes and subscribes a form or questionnaire
2 which contains, as hereinabove provided, a written
3 declaration that it is made under the penalties of perjury,
4 knowing it to be false, incorrect or incomplete, in respect
5 to any material statement or representation bearing upon his
6 status as a responsible relative, or upon his income,
7 resources, or other matter concerning his ability to provide
8 support, shall be subject to the penalties for perjury
9 provided for in Section 32-2 of the Criminal Code of 1961.
10 (15 ILCS 205/7.40 new)
11 Sec. 7.40. Investigation and determination. The
12 administrative enforcement unit shall review the forms or
13 questionnaires returned by each responsible relative and
14 supplement the information provided therein, where required,
15 by such additional consultations with the responsible
16 relative and such other investigations as may be necessary,
17 including genetic testing if paternity is an issue, and,
18 applying the standard or guidelines and regulations
19 established by the Attorney General, shall determine whether
20 and the extent to which, the responsible relative
21 individually or together in any combination, are reasonably
22 able to provide support. If the child was born out of
23 wedlock and the case is subject to the voluntary
24 acknowledgment of paternity or the administrative
25 determination of paternity under rules established under
26 Section 7.210, the Child and Spouse Support Unit of the
27 Attorney General shall determine the child support obligation
28 under subsection (b) of Section 7.45 upon establishing the
29 child's paternity. If the child's paternity was established
30 by judicial or administrative process in any other state, the
31 Attorney General may use administrative processes contained
32 in Sections 7.1 through 7.295 to establish a child support
33 order.
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1 In aid of its investigative authority, the Child and
2 Spouse Support Unit may use the subpoena power as set forth
3 in Sections 7.1 through 7.295.
4 The Attorney General, by rule, may authorize the
5 administrative enforcement units to conduct periodic or other
6 reinvestigations and redeterminations of the financial
7 ability of responsible relatives. Any redeterminations shall
8 have the effect of altering, amending, or modifying previous
9 determinations and administrative orders entered pursuant to
10 Sections 7.45 and 7.80. However, any redetermination which
11 establishes liability for support or reimbursement, or which
12 modifies the support or reimbursement liability specified in
13 a prior order, shall be subject to the provisions of Section
14 7.90 and the administrative and judicial review procedures
15 herein provided for original orders.
16 (15 ILCS 205/7.45 new)
17 Sec. 7.45. Notice of support due.
18 (a) When an administrative enforcement unit has
19 determined that a responsible relative is financially able to
20 contribute to the support of an applicant or recipient, the
21 responsible relative shall be notified by mailing him a copy
22 of the determination by United States registered or certified
23 mail, advising him of his legal obligation to make support
24 payments for such period or periods of time, definite in
25 duration or indefinite, as the circumstances require. The
26 notice shall direct payment as provided in Section 7.50.
27 Where applicable, the determination and notice may include a
28 demand for reimbursement for emergency aid granted an
29 applicant or recipient during the period between the
30 application and determination of the relative's obligation
31 for support and for aid granted during any subsequent period
32 the responsible relative was financially able to provide
33 support but failed or refused to do so.
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1 (b) In the alternative, when support is sought on behalf
2 of applicants for or recipients of financial aid under
3 Article IV of the Illinois Public Aid Code and other persons
4 who are given access to the child and spouse support services
5 of Sections 7.1 through 7.295 as provided in Section 7.5, the
6 administrative enforcement unit shall not be required to send
7 the notice and may enter an administrative order immediately
8 under the provisions of Section 7.80. The order shall be
9 based upon the determination made under the provisions of
10 Section 7.40 or, in instances of default, upon the needs of
11 the persons for whom support is sought. In addition to
12 requiring payment of future support, the administrative order
13 may require payment of support for a period before the date
14 the order is entered. The amount of support to be paid for
15 the prior period shall be determined under the guidelines
16 established by the Attorney General pursuant to Section 7.15.
17 The order shall direct payment as provided in Section 7.60.
18 (15 ILCS 205/7.50 new)
19 Sec. 7.50. Support payments. The notice to responsible
20 relatives issued pursuant to Section 7.45 shall direct
21 payment (i) to the Attorney General in cases of applicants
22 and recipients under Articles III, IV, V and VII of the
23 Illinois Public Aid Code, (ii) except as provided in Section
24 7.20, to the local governmental unit in the case of
25 applicants and recipients under Article VI of the Illinois
26 Public Aid Code, and (iii) to the Attorney General in cases
27 of non-applicants and non-recipients given access to the
28 child and spouse support services of Sections 7.1 through
29 7.295, as provided by Section 7.5. However, if the support
30 payments by responsible relatives are sufficient to meet
31 needs of a recipient in full, including current and
32 anticipated medical needs, and the Attorney General or the
33 local governmental unit, as the case may be, has reasonable
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1 grounds to believe that such needs will continue to be
2 provided in full by the responsible relatives, the relatives
3 may be directed to make subsequent support payments to the
4 needy person or to some person or agency in his behalf and
5 the recipient shall be removed from the public aid rolls. In
6 such instance the recipient also shall be notified by
7 registered or certified mail of the action taken. If a
8 recipient removed from the public aid rolls requests the
9 Attorney General to continue to collect the support payments
10 in his behalf, the Attorney General, at his option, may do so
11 and pay amounts so collected to the person. The Attorney
12 General may provide for deducting any costs incurred by him
13 in making the collection from the amount of any recovery made
14 and pay only the net amount to the person.
15 Payments under this Section to the Illinois Department of
16 Public Aid or the Attorney General pursuant to the Child
17 Support Enforcement Program established by Title IV-D of the
18 Social Security Act shall be paid into the Child Support
19 Enforcement Trust Fund. All other payments under this Section
20 to the Illinois Department of Public Aid shall be deposited
21 in the Public Assistance Recoveries Trust Fund. Disbursements
22 from these funds shall be as provided in Sections 12-9 and
23 12-10.2 of the Illinois Public Aid Code. Payments received by
24 a local governmental unit shall be deposited in that unit's
25 General Assistance Fund.
26 (15 ILCS 205/7.52 new)
27 Sec. 7.52. Temporary order for child support.
28 Notwithstanding any other law to the contrary, pending the
29 outcome of an administrative determination of parentage, the
30 Attorney General shall issue a temporary order for child
31 support, upon motion by a party and a showing of clear and
32 convincing evidence of paternity based on genetic test
33 results or other evidence. In determining the amount of the
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1 temporary child support award, the Attorney General shall use
2 the guidelines and standards set forth in subsection (a) of
3 Section 505 and in Section 505.2 of the Illinois Marriage and
4 Dissolution of Marriage Act.
5 Any new or existing support order entered by the Attorney
6 General under this Section shall be deemed to be a series of
7 judgments against the person obligated to pay support
8 thereunder, each such judgment to be in the amount of each
9 payment or installment of support and each judgment to be
10 deemed entered as of the date the corresponding payment or
11 installment becomes due under the terms of the support order.
12 Each such judgment shall have the full force, effect, and
13 attributes of any other judgment of this State, including the
14 ability to be enforced. Any such judgment is subject to
15 modification or termination only in accordance with Section
16 510 of the Illinois Marriage and Dissolution of Marriage Act.
17 A lien arises by operation of law against the real and
18 personal property of the noncustodial parent for each
19 installment of overdue support owed by the noncustodial
20 parent.
21 All orders for support entered or modified in a case in
22 which a party is receiving child and spouse support services
23 under Sections 7.1 through 7.295 shall include a provision
24 requiring the non-custodial parent to notify the Attorney
25 General, within 7 days, (i) of the name, address, and
26 telephone number of any new employer of the non-custodial
27 parent, (ii) whether the non-custodial parent has access to
28 health insurance coverage through the employer or other group
29 coverage, and, if so, the policy name and number and the
30 names of persons covered under the policy, and (iii) of any
31 new residential or mailing address or telephone number of the
32 non-custodial parent.
33 In any subsequent action to enforce a support order, upon
34 sufficient showing that diligent effort has been made to
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1 ascertain the location of the non-custodial parent, service
2 of process or provision of notice necessary in that action
3 may be made at the last known address of the non-custodial
4 parent, in any manner expressly provided by the Code of Civil
5 Procedure or this Act, which service shall be sufficient for
6 purposes of due process.
7 An order for support shall include a date on which the
8 current support obligation terminates. The termination date
9 shall be no earlier than the date on which the child covered
10 by the order will attain the age of majority or is otherwise
11 emancipated. The order for support shall state that the
12 termination date does not apply to any arrearage that may
13 remain unpaid on that date. Nothing in this paragraph shall
14 be construed to prevent the Attorney General from modifying
15 the order.
16 (15 ILCS 205/7.55 new)
17 Sec. 7.55. Alternative actions to enforce support. If a
18 responsible relative fails or refuses to furnish support, or
19 contributes less than the amount indicated by the
20 determination, the administrative enforcement unit shall take
21 action to enforce support in accordance with Section 7.60 or
22 Section 7.80.
23 (15 ILCS 205/7.60 new)
24 Sec. 7.60. Court enforcement. Except where the Attorney
25 General, by agreement, acts for the local governmental unit,
26 as provided in Section 7.20, local governmental units shall
27 refer to the State's Attorney or to the proper legal
28 representative of the governmental unit, for judicial
29 enforcement as herein provided, instances of non-support or
30 insufficient support when the dependents are applicants or
31 recipients under Article VI of the Illinois Public Aid Code.
32 The Child and Spouse Support Unit established by Section 7.20
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1 may institute in behalf of the Illinois Department of Public
2 Aid any actions under this Section for judicial enforcement
3 of the support liability when the dependents are applicants
4 or recipients under Articles III, IV, V or VII of the
5 Illinois Public Aid Code. The Unit may institute in behalf of
6 the Attorney General any actions under this Section for
7 judicial enforcement of the support liability when the
8 dependents are applicants or recipients in a local
9 governmental unit when the Attorney General, by agreement,
10 acts for the unit. The Unit may institute in behalf of the
11 dependents any actions under this Section for judicial
12 enforcement of the support liability when the dependents are
13 non-applicants or non-recipients who are receiving support
14 enforcement services under Sections 7.1 through 7.295, as
15 provided in Section 7.5. Where the Child and Spouse Support
16 Unit has exercised its option and discretion not to apply the
17 provisions of Sections 7.15 through 7.50, the failure by the
18 Unit to apply such provisions shall not be a bar to bringing
19 an action under this Section.
20 Action shall be brought in the circuit court to obtain
21 support, or for the recovery of aid granted during the period
22 such support was not provided, or both for the obtainment of
23 support and the recovery of the aid provided. Actions for
24 the recovery of aid may be taken separately or they may be
25 consolidated with actions to obtain support. Such actions
26 may be brought in the name of the person or persons requiring
27 support, or may be brought in the name of the Illinois
28 Department of Public Aid or the local governmental unit, as
29 the case requires, in behalf of such persons.
30 The court may enter such orders for the payment of moneys
31 for the support of the person as may be just and equitable
32 and may direct payment thereof for such period or periods of
33 time as the circumstances require, including support for a
34 period before the date the order for support is entered. The
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1 order may be entered against any or all of the defendant
2 responsible relatives and may be based upon the proportionate
3 ability of each to contribute to the person's support.
4 The Court shall determine the amount of child support
5 (including child support for a period before the date the
6 order for support is entered) by using the guidelines and
7 standards set forth in subsection (a) of Section 505 and in
8 Section 505.2 of the Illinois Marriage and Dissolution of
9 Marriage Act. For purposes of determining the amount of
10 child support to be paid for a period before the date the
11 order for child support is entered, there is a rebuttable
12 presumption that the responsible relative's net income for
13 that period was the same as his or her net income at the time
14 the order is entered.
15 The Court shall determine the amount of maintenance using
16 the standards set forth in Section 504 of the Illinois
17 Marriage and Dissolution of Marriage Act.
18 Any new or existing support order entered by the court
19 under this Section shall be deemed to be a series of
20 judgments against the person obligated to pay support
21 thereunder, each such judgment to be in the amount of each
22 payment or installment of support and each such judgment to
23 be deemed entered as of the date the corresponding payment or
24 installment becomes due under the terms of the support order.
25 Each such judgment shall have the full force, effect and
26 attributes of any other judgment of this State, including the
27 ability to be enforced. Any such judgment is subject to
28 modification or termination only in accordance with Section
29 510 of the Illinois Marriage and Dissolution of Marriage Act.
30 A lien arises by operation of law against the real and
31 personal property of the noncustodial parent for each
32 installment of overdue support owed by the noncustodial
33 parent.
34 When an order is entered for the support of a minor, the
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1 court may provide therein for reasonable visitation of the
2 minor by the person or persons who provided support pursuant
3 to the order. Whoever willfully refuses to comply with such
4 visitation order or willfully interferes with its enforcement
5 may be declared in contempt of court and punished therefor.
6 Except where the local governmental unit has entered into
7 an agreement with the Attorney General for the Child and
8 Spouse Support Unit to act for it, as provided in Section
9 7.20, support orders entered by the court in cases involving
10 applicants or recipients under Article VI of the Illinois
11 Public Aid Code shall provide that payments thereunder be
12 made directly to the local governmental unit. Orders for the
13 support of all other applicants or recipients under that Code
14 shall provide that payments thereunder be made directly to
15 the Attorney General. In accordance with federal law and
16 regulations, the Attorney General may continue to collect
17 current maintenance payments or child support payments, or
18 both, after those persons cease to receive public assistance
19 and until termination of services under Sections 7.1 through
20 7.295. The Attorney General shall pay the net amount
21 collected to those persons after deducting any costs incurred
22 in making the collection or any collection fee from the
23 amount of any recovery made. In both cases the order shall
24 permit the local governmental unit or the Attorney General,
25 as the case may be, to direct the responsible relative or
26 relatives to make support payments directly to the needy
27 person, or to some person or agency in his behalf, upon
28 removal of the person from the public aid rolls or upon
29 termination of services under Sections 7.1 through 7.295.
30 If the notice of support due issued pursuant to Section
31 7.45 directs that support payments be made directly to the
32 needy person, or to some person or agency in his behalf, and
33 the recipient is removed from the public aid rolls, court
34 action may be taken against the responsible relative
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1 hereunder if he fails to furnish support in accordance with
2 the terms of such notice.
3 Actions may also be brought under this Section in behalf
4 of any person who is in need of support from responsible
5 relatives, as defined in Section 2-11 of the Illinois Public
6 Aid Code who is not an applicant for or recipient of
7 financial aid under that Code. In such instances, the
8 State's Attorney of the county in which such person resides
9 shall bring action against the responsible relatives
10 hereunder. If the Attorney General, as authorized by Section
11 7.5, extends the support services provided by this Article to
12 spouses and dependent children who are not applicants or
13 recipients under the Illinois Public Aid Code, the Child and
14 Spouse Support Unit established by Section 7.20 shall bring
15 action against the responsible relatives hereunder and any
16 support orders entered by the court in such cases shall
17 provide that payments thereunder be made directly to the
18 Attorney General.
19 Whenever it is determined in a proceeding to establish or
20 enforce a child support or maintenance obligation that the
21 person owing a duty of support is unemployed, the court may
22 order the person to seek employment and report periodically
23 to the court with a diary, listing or other memorandum of his
24 or her efforts in accordance with such order. Additionally,
25 the court may order the unemployed person to report to the
26 Department of Employment Security for job search services or
27 to make application with the local Jobs Training Partnership
28 Act provider for participation in job search, training or
29 work programs and where the duty of support is owed to a
30 child receiving support services under Sections 7.1 through
31 7.295, the court may order the unemployed person to report to
32 the Department of Human Services for participation in job
33 search, training or work programs established under Section
34 9-6 and Article IXA of the Illinois Public Aid Code.
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1 Whenever it is determined that a person owes past-due
2 support for a child receiving assistance under the Illinois
3 Public Aid Code, the court shall order at the request of the
4 Attorney General:
5 (1) that the person pay the past-due support in
6 accordance with a plan approved by the court; or
7 (2) if the person owing past-due support is
8 unemployed, is subject to such a plan, and is not
9 incapacitated, that the person participate in such job
10 search, training, or work programs established under
11 Section 9-6 and Article IXA of the Illinois Public Aid
12 Code as the court deems appropriate.
13 A determination under this Section shall not be
14 administratively reviewable by the procedures specified in
15 Sections 7.90 and 7.95 through 7.145. Any determination under
16 those Sections, if made the basis of court action under this
17 Section, shall not affect the de novo judicial determination
18 required under this Section.
19 All orders for support, when entered or modified, shall
20 include a provision requiring the non-custodial parent to
21 notify the court and, in cases in which a party is receiving
22 child and spouse support services under Sections 7.1 through
23 7.295, the Attorney General, within 7 days, (i) of the name,
24 address, and telephone number of any new employer of the
25 non-custodial parent, (ii) whether the non-custodial parent
26 has access to health insurance coverage through the employer
27 or other group coverage and, if so, the policy name and
28 number and the names of persons covered under the policy, and
29 (iii) of any new residential or mailing address or telephone
30 number of the non-custodial parent. In any subsequent action
31 to enforce a support order, upon a sufficient showing that a
32 diligent effort has been made to ascertain the location of
33 the non-custodial parent, service of process or provision of
34 notice necessary in the case may be made at the last known
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1 address of the non-custodial parent in any manner expressly
2 provided by the Code of Civil Procedure or Sections 7.1
3 through 7.295, which service shall be sufficient for purposes
4 of due process.
5 In cases in which a party is receiving child and spouse
6 support services under Sections 7.1 through 7.295 and the
7 order for support provides that child support payments be
8 made to the obligee, the Attorney General may provide notice
9 to the obligor and the obligor's payor, when income
10 withholding is in effect under Section 7.165, to make all
11 payments after receipt of the Attorney General's notice to
12 the clerk of the court until further notice by the Attorney
13 General or order of the court. Copies of the notice shall be
14 provided to the obligee and the clerk. The clerk's copy
15 shall contain a proof of service on the obligor and the
16 obligor's payor, where applicable. The clerk shall file the
17 clerk's copy of the notice in the court file. The notice to
18 the obligor and the payor, if applicable, may be sent by
19 ordinary mail, certified mail, return receipt requested,
20 facsimile transmission, or other electronic process, or may
21 be served upon the obligor or payor using any method provided
22 by law for service of a summons. An obligor who fails to
23 comply with a notice provided under this paragraph is guilty
24 of a Class B misdemeanor. A payor who fails to comply with a
25 notice provided under this paragraph is guilty of a business
26 offense and subject to a fine of up to $1,000.
27 An order for support shall include a date on which the
28 current support obligation terminates. The termination date
29 shall be no earlier than the date on which the child covered
30 by the order will attain the age of majority or is otherwise
31 emancipated. The order for support shall state that the
32 termination date does not apply to any arrearage that may
33 remain unpaid on that date. Nothing in this paragraph shall
34 be construed to prevent the court from modifying the order.
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1 Upon notification in writing or by electronic
2 transmission from the Attorney General to the clerk of the
3 court that a person who is receiving support payments under
4 this Section is receiving services under the Child Support
5 Enforcement Program established by Title IV-D of the Social
6 Security Act, any support payments subsequently received by
7 the clerk of the court shall be transmitted in accordance
8 with the instructions of the Attorney General until the
9 Attorney General gives notice to the clerk of the court to
10 cease the transmittal. After providing the notification
11 authorized under this paragraph, the Attorney General shall
12 be entitled as a party to notice of any further proceedings
13 in the case. The clerk of the court shall file a copy of the
14 Attorney General's notification in the court file. The
15 clerk's failure to file a copy of the notification in the
16 court file shall not, however, affect the Attorney General's
17 right to receive notice of further proceedings.
18 Payments under this Section to the Illinois Department of
19 Public Aid or the Attorney General pursuant to the Child
20 Support Enforcement Program established by Title IV-D of the
21 Social Security Act shall be paid into the Child Support
22 Enforcement Trust Fund. All other payments under this Section
23 to the Illinois Department of Public Aid shall be deposited
24 in the Public Assistance Recoveries Trust Fund. Disbursements
25 from these funds shall be as provided in Sections 12-9 and
26 12-10.2 of the Illinois Public Aid Code. Payments received
27 by a local governmental unit shall be deposited in that
28 unit's General Assistance Fund.
29 (15 ILCS 205/7.65 new)
30 Sec. 7.65. Collection fee. In all cases instituted by
31 the Attorney General on behalf of a child or spouse, other
32 than one receiving a grant of financial aid under Article IV
33 of the Illinois Public Aid Code, on whose behalf an
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1 application has been made and approved for support services
2 as provided by Section 7.5, the court shall impose a
3 collection fee on the individual who owes a child or spouse
4 support obligation in an amount equal to 10% of the amount so
5 owed as long as such collection is required by federal law,
6 which fee shall be in addition to the support obligation.
7 The imposition of such fee shall be in accordance with
8 provisions of Title IV, Part D, of the Social Security Act
9 and regulations duly promulgated thereunder. The fee shall
10 be payable to the clerk of the circuit court for transmittal
11 to the Attorney General and shall continue until support
12 services are terminated by the Attorney General.
13 (15 ILCS 205/7.70 new)
14 Sec. 7.70. Notice to circuit clerk of payment received.
15 For those cases in which support is payable to the clerk of
16 the circuit court for transmittal to the Attorney General or
17 the Illinois Department of Public Aid by order of court, and
18 the Attorney General collects support by assignment, offset,
19 withholding, deduction or other process permitted by law, the
20 Attorney General shall notify the clerk of the date and
21 amount of such collection. Upon notification, the clerk shall
22 record the collection on the payment record for the case.
23 (15 ILCS 205/7.75 new)
24 Sec. 7.75. Transmittal of payments by circuit clerk.
25 For those cases in which child support is payable to the
26 clerk of the circuit court for transmittal to the Attorney
27 General or the Illinois Department of Public Aid by order of
28 court, the clerk shall transmit all such payments, within 4
29 working days of receipt, to ensure that funds are available
30 for immediate distribution by the Attorney General or the
31 Department to the person or entity entitled thereto in
32 accordance with standards of the Child Support Enforcement
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1 Program established under Title IV-D of the Social Security
2 Act. The clerk shall notify the Attorney General or the
3 Department of the date of receipt and amount thereof at the
4 time of transmittal. Where the clerk has entered into an
5 agreement of cooperation with the Illinois Department of
6 Public Aid or the Attorney General to record the terms of
7 child support orders and payments made thereunder directly
8 into the IV-D Agency's automated data processing system, the
9 clerk shall account for, transmit and otherwise distribute
10 child support payments in accordance with such agreement in
11 lieu of the requirements contained herein.
12 (15 ILCS 205/7.80 new)
13 Sec. 7.80. Administrative orders. In lieu of actions for
14 court enforcement of support under Section 7.60, the Child
15 and Spouse Support Unit of the Attorney General, in
16 accordance with the rules of the Attorney General, may issue
17 an administrative order requiring the responsible relative to
18 comply with the terms of the determination and notice of
19 support due, determined and issued under Sections 7.40 and
20 7.45. The Unit may also enter an administrative order under
21 subsection (b) of Section 7.45. The administrative order
22 shall be served upon the responsible relative by United
23 States registered or certified mail.
24 If a responsible relative fails to petition the Attorney
25 General for release from or modification of the
26 administrative order, as provided in Section 7.90, the order
27 shall become final and there shall be no further
28 administrative or judicial remedy. Likewise a decision by
29 the Attorney General as a result of an administrative
30 hearing, as provided in Sections 7.95 through 7.145, shall
31 become final and enforceable if not judicially reviewed under
32 the Administrative Review Law, as provided in Section 7.150.
33 Any new or existing support order entered by the Attorney
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1 General under this Section shall be deemed to be a series of
2 judgments against the person obligated to pay support
3 thereunder, each such judgment to be in the amount of each
4 payment or installment of support and each such judgment to
5 be deemed entered as of the date the corresponding payment or
6 installment becomes due under the terms of the support order.
7 Each such judgment shall have the full force, effect and
8 attributes of any other judgment of this State, including the
9 ability to be enforced. Any such judgment is subject to
10 modification or termination only in accordance with Section
11 510 of the Illinois Marriage and Dissolution of Marriage Act.
12 A lien arises by operation of law against the real and
13 personal property of the noncustodial parent for each
14 installment of overdue support owed by the noncustodial
15 parent.
16 (15 ILCS 205/7.85 new)
17 Sec. 7.85. Unemployed responsible relatives.
18 (a) Whenever it is determined in a proceeding under
19 Section 7.40, 7.45, 7.80, or 7.180 that the responsible
20 relative is unemployed, and support is sought on behalf of
21 applicants for or recipients of financial aid under Article
22 IV of the Illinois Public Aid Code or other persons who are
23 given access to the child and spouse support services of that
24 Article as provided in Section 7.5 of this Act, the
25 administrative enforcement unit may order the responsible
26 relative to report to the Department of Human Services for
27 participation in job search, training or work programs
28 established under Section 9-6 and Article IXA of the Illinois
29 Public Aid Code or to the Illinois Department of Employment
30 Security for job search services or to make application with
31 the local Jobs Training Partnership Act provider for
32 participation in job search, training or work programs.
33 (b) Whenever it is determined that a responsible
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1 relative owes past-due support for a child under an
2 administrative support order entered under subsection (b) of
3 Section 7.45 or under Section 7.80 or 7.180 and the child is
4 receiving assistance under the Illinois Public Aid Code, the
5 administrative enforcement unit shall order the following:
6 (1) that the responsible relative pay the past-due
7 support in accordance with a plan approved by the
8 administrative enforcement unit; or
9 (2) if the responsible relative owing past-due
10 support is unemployed, is subject to such a plan, and is
11 not incapacitated, that the responsible relative
12 participate in job search, training, or work programs
13 established under Section 9-6 and Article IXA of the
14 Illinois Public Aid Code.
15 (15 ILCS 205/7.90 new)
16 Sec. 7.90. Petition for release from or modification of
17 administrative support order. Any responsible relative
18 aggrieved by an administrative order entered under Section
19 7.80 or 7.85 who has been duly notified of such order, may
20 within 30 days from the date of mailing of such order,
21 petition the Attorney General for a release from or
22 modification of the order. The day immediately subsequent to
23 the mailing of the order shall be considered as the first
24 day, and the day such petition is received by the Attorney
25 General shall be considered as the last day in computing the
26 30 day appeal period.
27 The Attorney General shall, upon receipt of a petition
28 within the 30 day appeal period, provide for a hearing to be
29 held thereon.
30 (15 ILCS 205/7.95 new)
31 Sec. 7.95. Hearing on petition. The Attorney General, or
32 any officer or employee thereof designated in writing by the
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1 Attorney General, shall conduct hearings and investigations
2 in connection with petitions filed pursuant to Section 7.90.
3 Responsible relatives shall be entitled to appear in person,
4 to be represented by counsel at the hearing and to present
5 all relevant matter in support of their petitions. The
6 provisions of Sections 7.100 through 7.145 shall govern the
7 hearing.
8 The hearing shall be de novo and the Attorney General's
9 determination of liability or non-liability shall be
10 independent of the determination of the administrative
11 enforcement unit.
12 (15 ILCS 205/7.100 new)
13 Sec. 7.100. Examination of records. The Attorney
14 General, or any properly designated officer or employee
15 thereof, may examine any books, papers, records or memoranda
16 bearing upon the determination of ability to support and the
17 order for support and upon any matter pertinent to the
18 relative's petition and may compel the attendance and
19 testimony of any person or persons, including the petitioning
20 responsible relative, having knowledge of matters germane to
21 the determination order, or the petition.
22 (15 ILCS 205/7.105 new)
23 Sec. 7.105. Hearings not subject to technical rules of
24 evidence or procedure. In the conduct of any hearing or
25 investigation, neither the Attorney General nor a person duly
26 authorized to conduct such hearing or investigation, shall be
27 bound by the technical rules of evidence, common law or
28 statutory, or by technical or formal rules of procedure, but
29 shall conduct the hearing or make the investigation in such
30 manner as seems best calculated to conform to substantial
31 justice and the spirit of the Illinois Public Aid Code and
32 Sections 7.1 through 7.295 of this Act. No informality in any
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1 proceedings, or in the manner of taking testimony, shall
2 invalidate any order or decision made by the Attorney General
3 pursuant to such hearing or investigation.
4 (15 ILCS 205/7.110 new)
5 Sec. 7.110. Authority to administer oaths. The Attorney
6 General, or any person duly authorized to conduct such
7 hearing or investigation, shall have power to administer
8 oaths. Every person who, having taken an oath or made
9 affirmation before the Attorney General, or any duly
10 authorized officer or employee thereof, shall wilfully swear
11 or affirm falsely, shall be guilty of perjury, and upon
12 conviction shall be punished accordingly.
13 (15 ILCS 205/7.115 new)
14 Sec. 7.115. Proof of records. The books, papers, records
15 and memoranda of the Illinois Department of Public Aid, the
16 Illinois Department of Human Services, and the Attorney
17 General or of the administrative enforcement unit, or parts
18 thereof, may be proved in any hearing, investigation, or
19 legal proceeding by a photostatic or other copy thereof under
20 the certificate of their respective Directors, and the
21 Attorney General or their designees. Such certified copy
22 shall, without further proof, be admitted into evidence in
23 the hearing before the Attorney General or in any other legal
24 proceeding.
25 (15 ILCS 205/7.120 new)
26 Sec. 7.120. Proof of necessitous circumstances. Proof in
27 any hearing before the Attorney General that a person is an
28 applicant for or recipient of assistance under the Illinois
29 Public Aid Code shall be prima facie proof that he is a
30 "person who is in necessitous circumstances by reason of
31 infirmity, unemployment, or other cause depriving him of the
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1 means of a livelihood compatible with health and well-being",
2 within the meaning of the Illinois Public Aid Code.
3 (15 ILCS 205/7.125 new)
4 Sec. 7.125. Subpoenas. The Attorney General, or any
5 officer or employee thereof designated in writing by the
6 Attorney General, shall at his own instance, or on the
7 written request of any other party to the proceeding, issue
8 subpoenas requiring the attendance of and the giving of
9 testimony by witnesses, and subpoenas duces tecum requiring
10 the production of books, papers, records or memoranda. The
11 subpoenas and subpoenas duces tecum may be served by any
12 person of full age. Any subpoena may be served in the same
13 manner as a subpoena issued out of a circuit court, and may
14 also be served by United States registered or certified mail,
15 addressed to the person concerned at his last known address,
16 and proof of such mailing shall be sufficient for the
17 purposes of Sections 7.1 through 7.295.
18 (15 ILCS 205/7.130 new)
19 Sec. 7.130. Witness fees. The fees of witnesses for
20 attendance and travel shall be the same as the fees of
21 witnesses before the circuit court of this State; such fees
22 to be paid when the witness is excused from further
23 attendance. When the witness is subpoenaed at the instance of
24 the Attorney General or any employee thereof, the fees shall
25 be paid in the same manner as other expenses of the Attorney
26 General. If the witness is subpoenaed at the instance of any
27 other party to the proceeding, the Attorney General may
28 require that the cost of service of the subpoena or subpoena
29 duces tecum and the fee of the witness be borne by the party
30 at whose instance the witness is summoned. In such case, the
31 Attorney General may require a deposit to cover the cost of
32 such service and witness fees.
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1 (15 ILCS 205/7.135 new)
2 Sec. 7.135. Compelling attendance of witness and
3 production of records. The circuit court, of the county
4 wherein the investigation or administrative hearing is held,
5 upon the application of the Attorney General or any duly
6 authorized officer or employee thereof, or upon the
7 application of any other party to the proceeding, may, in its
8 discretion, compel the attendance of witnesses, the
9 production of books, papers, records or memorandum and the
10 giving of testimony before the Attorney General or any duly
11 authorized officer or employee thereof conducting an
12 investigation or holding a hearing authorized by Sections 7.1
13 through 7.295, by an attachment for contempt, or otherwise,
14 in the same manner as production of evidence may be compelled
15 before the court.
16 (15 ILCS 205/7.140 new)
17 Sec. 7.140. Penalty for non-compliance with subpoena.
18 Any person who is served with a subpoena or subpoena duces
19 tecum, issued by the Attorney General or any duly authorized
20 officer or employee thereof, to appear and testify or to
21 produce books and papers, in the course of an investigation
22 or hearing authorized by law, and who refuses or neglects to
23 appear, or to testify, or to produce books and papers
24 relevant to such investigation or hearing, as commanded in
25 such subpoena, shall be guilty of a Class B misdemeanor.
26 (15 ILCS 205/7.145 new)
27 Sec. 7.145. Depositions. The Attorney General or any
28 duly authorized officer or employee thereof, or any other
29 party in an investigation or hearing before the Attorney
30 General, may cause the depositions of witnesses within or
31 without the State to be taken in the manner prescribed by law
32 for like depositions in civil actions in courts of this
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1 State, and to that end compel the attendance of witnesses and
2 the production of books, papers, records or memoranda.
3 (15 ILCS 205/7.150 new)
4 Sec. 7.150. Review of Attorney General decision on
5 petition for hearing. Any responsible relative affected by a
6 final administrative decision of the Attorney General in a
7 hearing, conducted pursuant to Sections 7.95 through 7.145 in
8 which such relative was a party, may have the decision
9 reviewed only under and in accordance with the Administrative
10 Review Law. The provisions of the Administrative Review Law,
11 and the rules adopted pursuant thereto, shall apply to and
12 govern all proceedings for the judicial review of such final
13 administrative decisions of the Attorney General. The term
14 "administrative decision" is defined as in Section 3-101 of
15 the Code of Civil Procedure.
16 Appeals from all final orders and judgments entered by a
17 court upon review of the Attorney General's order in any case
18 may be taken by either party to the proceeding and shall be
19 governed by the rules applicable to appeals in civil cases.
20 The remedy herein provided for appeal shall be exclusive,
21 and no court shall have jurisdiction to review the subject
22 matter of any order made by the Attorney General except as
23 herein provided.
24 (15 ILCS 205/7.155 new)
25 Sec. 7.155. Enforcement of administrative order. If a
26 responsible relative refuses, neglects, or fails to comply
27 with a final administrative support or reimbursement order of
28 the Attorney General entered by the Child and Spouse Support
29 Unit pursuant to Section 7.80 or 7.85 or registered pursuant
30 to Section 7.180, the Child and Spouse Support Unit may file
31 suit against the responsible relative or relatives to secure
32 compliance with the administrative order.
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1 Suits shall be instituted in the name of the People of
2 the State of Illinois on the relation of the Attorney General
3 of the State of Illinois and the spouse or dependent children
4 for whom the support order has been issued.
5 The court shall order the payment of the support
6 obligation, or orders for reimbursement of moneys for support
7 provided, directly to the Attorney General but the order
8 shall permit the Attorney General to direct the responsible
9 relative or relatives to make payments of support directly to
10 the spouse or dependent children, or to some person or agency
11 in his or their behalf, as provided in Section 7.50 or 7.60,
12 as applicable.
13 Whenever it is determined in a proceeding to enforce an
14 administrative order that the responsible relative is
15 unemployed, and support is sought on behalf of applicants for
16 or recipients of financial aid under Article IV of the
17 Illinois Public Aid Code or other persons who are given
18 access to the child and spouse support services of Sections
19 7.1 through 7.295 as provided in Section 7.5, the court may
20 order the responsible relative to seek employment and report
21 periodically to the court with a diary, listing or other
22 memorandum of his or her efforts in accordance with such
23 order. In addition, the court may order the unemployed
24 responsible relative to report to the Department of Human
25 Services for participation in job search, training or work
26 programs established under Section 9-6 and Article IXA of the
27 Illinois Public Aid Code or to the Illinois Department of
28 Employment Security for job search services or to make
29 application with the local Jobs Training Partnership Act
30 provider for participation in job search, training or work
31 programs.
32 (15 ILCS 205/7.160 new)
33 Sec. 7.160. Judicial enforcement of court and
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1 administrative support orders. Court orders entered in
2 proceedings under Section 7.60 and court orders for
3 enforcement of an administrative order under Section 7.155
4 and for the payment of money may be enforced by attachment as
5 for contempt against the persons of the defendants, and in
6 addition, as other judgments for the payment of money, and
7 costs may be adjudged against the defendants and apportioned
8 among them; but if the complaint is dismissed, costs shall be
9 borne by the Attorney General or the local governmental unit,
10 as the case may be. If a responsible relative is directed by
11 the Attorney General, or the local governmental unit, under
12 the conditions stated in Section 7.50, to make support
13 payments directly to the person, or to some person or agency
14 in his behalf, the court order entered against him under this
15 Section or Section 7.60 may be enforced as herein provided if
16 he thereafter fails to furnish support in accordance with its
17 terms. The State of Illinois shall not be required to make a
18 deposit for or pay any costs or fees of any court or officer
19 thereof in any proceeding instituted under this Section.
20 The provisions of the Civil Practice Law, and all
21 amendments and modifications thereof, shall apply to and
22 govern all actions instituted under this Section and Section
23 7.60. In such actions proof that a person is an applicant for
24 or recipient of public aid under any Article of the Illinois
25 Public Aid Code shall be prima facie proof that he is a
26 person in necessitous circumstances by reason of infirmity,
27 unemployment or other cause depriving him of the means of a
28 livelihood compatible with health and well-being.
29 Payments under this Section to the Illinois Department of
30 Public Aid or the Attorney General pursuant to the Child
31 Support Enforcement Program established by Title IV-D of the
32 Social Security Act shall be paid into the Child Support
33 Enforcement Trust Fund. All other payments under this Section
34 to the Illinois Department of Public Aid shall be deposited
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1 in the Public Assistance Recoveries Trust Fund. Disbursements
2 from these funds shall be as provided in Sections 12-9 and
3 12-10.2 of the Illinois Public Aid Code. Payments received by
4 a local governmental unit shall be deposited in that unit's
5 General Assistance Fund.
6 (15 ILCS 205/7.165 new)
7 Sec. 7.165. Withholding of income to secure payment of
8 support.
9 (A) Definitions.
10 (1) "Order for support" means any order of the court
11 which provides for periodic payment of funds for the support
12 of a child or maintenance of a spouse, whether temporary or
13 final, and includes any such order which provides for:
14 (a) Modification or resumption of, or payment of
15 arrearage accrued under, a previously existing order;
16 (b) Reimbursement of support; or
17 (c) Enrollment in a health insurance plan that is
18 available to the obligor through an employer or labor
19 union or trade union.
20 (2) "Arrearage" means the total amount of unpaid support
21 obligations as determined by the court and incorporated into
22 an order for support.
23 (2.5) "Business day" means a day on which State offices
24 are open for regular business.
25 (3) "Delinquency" means any payment under an order for
26 support which becomes due and remains unpaid after entry of
27 the order for support.
28 (4) "Income" means any form of periodic payment to an
29 individual, regardless of source, including, but not limited
30 to: wages, salary, commission, compensation as an independent
31 contractor, workers' compensation, disability, annuity,
32 pension, and retirement benefits, lottery prize awards,
33 insurance proceeds, vacation pay, bonuses, profit-sharing
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1 payments, interest, and any other payments, made by any
2 person, private entity, federal or state government, any unit
3 of local government, school district or any entity created by
4 Public Act; however, "income" excludes:
5 (a) Any amounts required by law to be withheld,
6 other than creditor claims, including, but not limited
7 to, federal, State and local taxes, Social Security and
8 other retirement and disability contributions;
9 (b) Union dues;
10 (c) Any amounts exempted by the federal Consumer
11 Credit Protection Act;
12 (d) Public assistance payments; and
13 (e) Unemployment insurance benefits except as
14 provided by law.
15 Any other State or local laws which limit or exempt
16 income or the amount or percentage of income that can be
17 withheld shall not apply.
18 (5) "Obligor" means the individual who owes a duty to
19 make payments under an order for support.
20 (6) "Obligee" means the individual to whom a duty of
21 support is owed or the individual's legal representative.
22 (7) "Payor" means any payor of income to an obligor.
23 (8) "Public office" means any elected official or any
24 State or local agency which is or may become responsible by
25 law for enforcement of, or which is or may become authorized
26 to enforce, an order for support, including, but not limited
27 to: the Attorney General, the Illinois Department of Public
28 Aid, the Illinois Department of Human Services, the Illinois
29 Department of Children and Family Services, and the various
30 State's Attorneys, Clerks of the Circuit Court and
31 supervisors of general assistance.
32 (9) "Premium" means the dollar amount for which the
33 obligor is liable to his employer or labor union or trade
34 union and which must be paid to enroll or maintain a child in
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1 a health insurance plan that is available to the obligor
2 through an employer or labor union or trade union.
3 (B) Entry of Order for Support Containing Income Withholding
4 Provisions; Income Withholding Notice.
5 (1) In addition to any content required under other
6 laws, every order for support entered on or after July 1,
7 1997, shall:
8 (a) Require an income withholding notice to be
9 prepared and served immediately upon any payor of the
10 obligor by the obligee or public office, unless a written
11 agreement is reached between and signed by both parties
12 providing for an alternative arrangement, approved and
13 entered into the record by the court, which ensures
14 payment of support. In that case, the order for support
15 shall provide that an income withholding notice is to be
16 prepared and served only if the obligor becomes
17 delinquent in paying the order for support; and
18 (b) Contain a dollar amount to be paid until
19 payment in full of any delinquency that accrues after
20 entry of the order for support. The amount for payment
21 of delinquency shall not be less than 20% of the total of
22 the current support amount and the amount to be paid
23 periodically for payment of any arrearage stated in the
24 order for support; and
25 (c) Include the obligor's Social Security Number,
26 which the obligor shall disclose to the court. If the
27 obligor is not a United States citizen, the obligor shall
28 disclose to the court, and the court shall include in the
29 order for support, the obligor's alien registration
30 number, passport number, and home country's social
31 security or national health number, if applicable.
32 (2) At the time the order for support is entered, the
33 Clerk of the Circuit Court shall provide a copy of the order
34 to the obligor and shall make copies available to the obligee
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1 and public office.
2 (3) The income withholding notice shall:
3 (a) Be in the standard format prescribed by the
4 federal Department of Health and Human Services; and
5 (b) Direct any payor to withhold the dollar amount
6 required for current support under the order for support;
7 and
8 (c) Direct any payor to withhold the dollar amount
9 required to be paid periodically under the order for
10 support for payment of the amount of any arrearage stated
11 in the order for support; and
12 (d) Direct any payor or labor union or trade union
13 to enroll a child as a beneficiary of a health insurance
14 plan and withhold or cause to be withheld, if applicable,
15 any required premiums; and
16 (e) State the amount of the payor income
17 withholding fee specified under this Section; and
18 (f) State that the amount actually withheld from
19 the obligor's income for support and other purposes,
20 including the payor withholding fee specified under this
21 Section, may not be in excess of the maximum amount
22 permitted under the federal Consumer Credit Protection
23 Act; and
24 (g) State the duties of the payor and the fines and
25 penalties for failure to withhold and pay over income and
26 for discharging, disciplining, refusing to hire, or
27 otherwise penalizing the obligor because of the duty to
28 withhold and pay over income under this Section; and
29 (h) State the rights, remedies, and duties of the
30 obligor under this Section; and
31 (i) Include the obligor's Social Security Number;
32 and
33 (j) Include the date that withholding for current
34 support terminates, which shall be the date of
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1 termination of the current support obligation set forth
2 in the order for support.
3 (4) The accrual of a delinquency as a condition for
4 service of an income withholding notice, under the exception
5 to immediate withholding in paragraph (1) of this subsection,
6 shall apply only to the initial service of an income
7 withholding notice on a payor of the obligor.
8 (5) Notwithstanding the exception to immediate
9 withholding contained in paragraph (1) of this subsection, if
10 the court finds at the time of any hearing that an arrearage
11 has accrued, the court shall order immediate service of an
12 income withholding notice upon the payor.
13 (6) If the order for support, under the exception to
14 immediate withholding contained in paragraph (1) of this
15 subsection, provides that an income withholding notice is to
16 be prepared and served only if the obligor becomes delinquent
17 in paying the order for support, the obligor may execute a
18 written waiver of that condition and request immediate
19 service on the payor.
20 (7) The obligee or public office may serve the income
21 withholding notice on the payor or its superintendent,
22 manager, or other agent by ordinary mail or certified mail
23 return receipt requested, by facsimile transmission or other
24 electronic means, by personal delivery, or by any method
25 provided by law for service of a summons. At the time of
26 service on the payor and as notice that withholding has
27 commenced, the obligee or public office shall serve a copy of
28 the income withholding notice on the obligor by ordinary mail
29 addressed to his or her last known address. Proofs of
30 service on the payor and the obligor shall be filed with the
31 Clerk of the Circuit Court.
32 (8) At any time after the initial service of an income
33 withholding notice under this Section, any other payor of the
34 obligor may be served with the same income withholding notice
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1 without further notice to the obligor.
2 (9) New service of an income withholding notice is not
3 required in order to resume withholding of income in the case
4 of an obligor with respect to whom an income withholding
5 notice was previously served on the payor if withholding of
6 income was terminated because of an interruption in the
7 obligor's employment of less than 180 days.
8 (C) Income Withholding After Accrual of Delinquency.
9 (1) Whenever an obligor accrues a delinquency, the
10 obligee or public office may prepare and serve upon the
11 obligor's payor an income withholding notice that:
12 (a) Contains the information required under
13 paragraph (3) of subsection (B); and
14 (b) Contains a computation of the period and total
15 amount of the delinquency as of the date of the notice;
16 and
17 (c) Directs the payor to withhold the dollar amount
18 required to be withheld periodically under the order for
19 support for payment of the delinquency.
20 (2) The income withholding notice and the obligor's copy
21 of the income withholding notice shall be served as provided
22 in paragraph (7) of subsection (B).
23 (3) The obligor may contest withholding commenced under
24 this subsection by filing a petition to contest withholding
25 with the Clerk of the Circuit Court within 20 days after
26 service of a copy of the income withholding notice on the
27 obligor. However, the grounds for the petition to contest
28 withholding shall be limited to:
29 (a) A dispute concerning the existence or amount of
30 the delinquency; or
31 (b) The identity of the obligor.
32 The Clerk of the Circuit Court shall notify the obligor
33 and the obligee or public office of the time and place of the
34 hearing on the petition to contest withholding. The court
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1 shall hold the hearing pursuant to the provisions of
2 subsection (F).
3 (D) Initiated Withholding.
4 (1) Notwithstanding any other provision of this Section,
5 if the court has not required that income withholding take
6 effect immediately, the obligee or public office may initiate
7 withholding, regardless of whether a delinquency has accrued,
8 by preparing and serving an income withholding notice on the
9 payor that contains the information required under paragraph
10 (3) of subsection (B) and states that the parties' written
11 agreement providing an alternative arrangement to immediate
12 withholding under paragraph (1) of subsection (B) no longer
13 ensures payment of support and the reason or reasons why it
14 does not.
15 (2) The income withholding notice and the obligor's copy
16 of the income withholding notice shall be served as provided
17 in paragraph (7) of subsection (B).
18 (3) The obligor may contest withholding commenced under
19 this subsection by filing a petition to contest withholding
20 with the Clerk of the Circuit Court within 20 days after
21 service of a copy of the income withholding notice on the
22 obligor. However, the grounds for the petition shall be
23 limited to a dispute concerning:
24 (a) whether the parties' written agreement
25 providing an alternative arrangement to immediate
26 withholding under paragraph (1) of subsection (B)
27 continues to ensure payment of support; or
28 (b) the identity of the obligor.
29 It shall not be grounds for filing a petition that the
30 obligor has made all payments due by the date of the
31 petition.
32 (4) If the obligor files a petition contesting
33 withholding within the 20-day period required under paragraph
34 (3), the Clerk of the Circuit Court shall notify the obligor
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1 and the obligee or public office, as appropriate, of the time
2 and place of the hearing on the petition. The court shall
3 hold the hearing pursuant to the provisions of subsection
4 (F).
5 (E) Duties of Payor.
6 (1) It shall be the duty of any payor who has been
7 served with an income withholding notice to deduct and pay
8 over income as provided in this subsection. The payor shall
9 deduct the amount designated in the income withholding
10 notice, as supplemented by any notice provided pursuant to
11 paragraph (6) of subsection (G), beginning no later than the
12 next payment of income which is payable or creditable to the
13 obligor that occurs 14 days following the date the income
14 withholding notice was mailed, sent by facsimile or other
15 electronic means, or placed for personal delivery to or
16 service on the payor. The payor may combine all amounts
17 withheld for the benefit of an obligee or public office into
18 a single payment and transmit the payment with a listing of
19 obligors from whom withholding has been effected. The payor
20 shall pay the amount withheld to the obligee or public office
21 within 7 business days after the date the amount would (but
22 for the duty to withhold income) have been paid or credited
23 to the obligor. If the payor knowingly fails to pay any
24 amount withheld to the obligee or public office within 7
25 business days after the date the amount would have been paid
26 or credited to the obligor, the payor shall pay a penalty of
27 $100 for each day that the withheld amount is not paid to the
28 obligee or public office after the period of 7 business days
29 has expired. The failure of a payor, on more than one
30 occasion, to pay amounts withheld to the obligee or public
31 office within 7 business days after the date the amount would
32 have been paid or credited to the obligor creates a
33 presumption that the payor knowingly failed to pay over the
34 amounts. This penalty, along with any amounts required to be
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1 withheld and paid, may be collected in a civil action which
2 may be brought against the payor in favor of the obligee or
3 public office. A finding of a payor's nonperformance within
4 the time required under this Section must be documented by a
5 certified mail return receipt showing the date the income
6 withholding notice was served on the payor. For purposes of
7 this Section, a withheld amount shall be considered paid by a
8 payor on the date it is mailed by the payor, or on the date
9 an electronic funds transfer of the amount has been initiated
10 by the payor, or on the date delivery of the amount has been
11 initiated by the payor. For each deduction, the payor shall
12 provide the obligee or public office, at the time of
13 transmittal, with the date the amount would (but for the duty
14 to withhold income) have been paid or credited to the
15 obligor. The payor shall not be required to vary the normal
16 pay and disbursement cycles in order to comply with this
17 paragraph.
18 Upon receipt of an income withholding notice requiring
19 that a minor child be named as a beneficiary of a health
20 insurance plan available through an employer or labor union
21 or trade union, the employer or labor union or trade union
22 shall immediately enroll the minor child as a beneficiary in
23 the health insurance plan designated by the income
24 withholding notice. The employer shall withhold any required
25 premiums and pay over any amounts so withheld and any
26 additional amounts the employer pays to the insurance carrier
27 in a timely manner. The employer or labor union or trade
28 union shall mail to the obligee, within 15 days of enrollment
29 or upon request, notice of the date of coverage, information
30 on the dependent coverage plan, and all forms necessary to
31 obtain reimbursement for covered health expenses, such as
32 would be made available to a new employee. When an order for
33 dependent coverage is in effect and the insurance coverage is
34 terminated or changed for any reason, the employer or labor
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1 union or trade union shall notify the obligee within 10 days
2 of the termination or change date along with notice of
3 conversion privileges.
4 For withholding of income, the payor shall be entitled to
5 receive a fee not to exceed $5 per month to be taken from the
6 income to be paid to the obligor.
7 (2) Whenever the obligor is no longer receiving income
8 from the payor, the payor shall return a copy of the income
9 withholding notice to the obligee or public office and shall
10 provide information for the purpose of enforcing this
11 Section.
12 (3) Withholding of income under this Section shall be
13 made without regard to any prior or subsequent garnishments,
14 attachments, wage assignments, or any other claims of
15 creditors. Withholding of income under this Section shall
16 not be in excess of the maximum amounts permitted under the
17 federal Consumer Credit Protection Act. If the payor has been
18 served with more than one income withholding notice
19 pertaining to the same obligor, the payor shall allocate
20 income available for withholding on a proportionate share
21 basis, giving priority to current support payments. If there
22 is any income available for withholding after withholding for
23 all current support obligations, the payor shall allocate the
24 income to past due support payments ordered in cases in which
25 cash assistance under the Illinois Public Aid Code is not
26 being provided to the obligee and then to past due support
27 payments ordered in cases in which cash assistance under the
28 Illinois Public Aid Code is being provided to the obligee,
29 both on a proportionate share basis. A payor who complies
30 with an income withholding notice that is regular on its face
31 shall not be subject to civil liability with respect to any
32 individual, any agency, or any creditor of the obligor for
33 conduct in compliance with the notice.
34 (4) No payor shall discharge, discipline, refuse to hire
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1 or otherwise penalize any obligor because of the duty to
2 withhold income.
3 (F) Petitions to Contest Withholding or to Modify, Suspend,
4 Terminate, or Correct Income Withholding Notices.
5 (1) When an obligor files a petition to contest
6 withholding, the court, after due notice to all parties,
7 shall hear the matter as soon as practicable and shall enter
8 an order granting or denying relief, ordering service of an
9 amended income withholding notice, where applicable, or
10 otherwise resolving the matter.
11 The court shall deny the obligor's petition if the court
12 finds that when the income withholding notice was mailed,
13 sent by facsimile transmission or other electronic means, or
14 placed for personal delivery to or service on the payor:
15 (a) A delinquency existed; or
16 (b) The parties' written agreement providing an
17 alternative arrangement to immediate withholding under
18 paragraph (1) of subsection (B) no longer ensured payment
19 of support.
20 (2) At any time, an obligor, obligee, public office or
21 Clerk of the Circuit Court may petition the court to:
22 (a) Modify, suspend or terminate the income
23 withholding notice because of a modification, suspension
24 or termination of the underlying order for support; or
25 (b) Modify the amount of income to be withheld to
26 reflect payment in full or in part of the delinquency or
27 arrearage by income withholding or otherwise; or
28 (c) Suspend the income withholding notice because
29 of inability to deliver income withheld to the obligee
30 due to the obligee's failure to provide a mailing address
31 or other means of delivery.
32 (3) At any time an obligor may petition the court to
33 correct a term contained in an income withholding notice to
34 conform to that stated in the underlying order for support
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1 for:
2 (a) The amount of current support;
3 (b) The amount of the arrearage;
4 (c) The periodic amount for payment of the
5 arrearage; or
6 (d) The periodic amount for payment of the
7 delinquency.
8 (4) The obligor, obligee or public office shall serve on
9 the payor, in the manner provided for service of income
10 withholding notices in paragraph (7) of subsection (B), a
11 copy of any order entered pursuant to this subsection that
12 affects the duties of the payor.
13 (5) At any time, a public office or Clerk of the Circuit
14 Court may serve a notice on the payor to:
15 (a) Cease withholding of income for payment of
16 current support for a child when the support obligation
17 for that child has automatically ceased under the order
18 for support through emancipation or otherwise; or
19 (b) Cease withholding of income for payment of
20 delinquency or arrearage when the delinquency or
21 arrearage has been paid in full.
22 (6) The notice provided for under paragraph (5) of this
23 subsection shall be served on the payor in the manner
24 provided for service of income withholding notices in
25 paragraph (7) of subsection (B), and a copy shall be provided
26 to the obligor and the obligee.
27 (7) The income withholding notice shall continue to be
28 binding upon the payor until service of an amended income
29 withholding notice or any order of the court or notice
30 entered or provided for under this subsection.
31 (G) Additional Duties.
32 (1) An obligee who is receiving income withholding
33 payments under this Section shall notify the payor, if the
34 obligee receives the payments directly from the payor, or the
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1 public office or the Clerk of the Circuit Court, as
2 appropriate, of any change of address within 7 days of such
3 change.
4 (2) An obligee who is a recipient of public aid shall
5 send a copy of any income withholding notice served by the
6 obligee to the Attorney General.
7 (3) Each obligor shall notify the obligee, the public
8 office, and the Clerk of the Circuit Court of any change of
9 address within 7 days.
10 (4) An obligor whose income is being withheld or who has
11 been served with a notice of delinquency pursuant to this
12 Section shall notify the obligee, the public office, and the
13 Clerk of the Circuit Court of any new payor, within 7 days.
14 (5) When the Office of the Attorney General is no longer
15 authorized to receive payments for the obligee, it shall,
16 within 7 days, notify the payor or, where appropriate, the
17 Clerk of the Circuit Court, to redirect income withholding
18 payments to the obligee.
19 (6) The obligee or public office shall provide notice to
20 the payor and Clerk of the Circuit Court of any other support
21 payment made, including but not limited to, a set-off under
22 federal and State law or partial payment of the delinquency
23 or arrearage, or both.
24 (7) Any public office and Clerk of the Circuit Court
25 which collects, disburses or receives payments pursuant to
26 income withholding notices shall maintain complete, accurate,
27 and clear records of all payments and their disbursements.
28 Certified copies of payment records maintained by a public
29 office or Clerk of the Circuit Court shall, without further
30 proof, be admitted into evidence in any legal proceedings
31 under this Section.
32 (8) The Attorney General shall design suggested legal
33 forms for proceeding under this Section and shall make
34 available to the courts such forms and informational
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1 materials which describe the procedures and remedies set
2 forth herein for distribution to all parties in support
3 actions.
4 (9) At the time of transmitting each support payment,
5 the clerk of the circuit court shall provide the obligee or
6 public office, as appropriate, with any information furnished
7 by the payor as to the date the amount would (but for the
8 duty to withhold income) have been paid or credited to the
9 obligor.
10 (H) Penalties.
11 (1) Where a payor wilfully fails to withhold or pay over
12 income pursuant to a properly served income withholding
13 notice, or wilfully discharges, disciplines, refuses to hire
14 or otherwise penalizes an obligor as prohibited by subsection
15 (E), or otherwise fails to comply with any duties imposed by
16 this Section, the obligee, public office or obligor, as
17 appropriate, may file a complaint with the court against the
18 payor. The clerk of the circuit court shall notify the
19 obligee or public office, as appropriate, and the obligor and
20 payor of the time and place of the hearing on the complaint.
21 The court shall resolve any factual dispute including, but
22 not limited to, a denial that the payor is paying or has paid
23 income to the obligor. Upon a finding in favor of the
24 complaining party, the court:
25 (a) Shall enter judgment and direct the enforcement
26 thereof for the total amount that the payor wilfully
27 failed to withhold or pay over; and
28 (b) May order employment or reinstatement of or
29 restitution to the obligor, or both, where the obligor
30 has been discharged, disciplined, denied employment or
31 otherwise penalized by the payor and may impose a fine
32 upon the payor not to exceed $200.
33 (2) Any obligee, public office or obligor who wilfully
34 initiates a false proceeding under this Section or who
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1 wilfully fails to comply with the requirements of this
2 Section shall be punished as in cases of contempt of court.
3 (I) Alternative Procedures for Service of an Income
4 Withholding Notice.
5 (1) The procedures of this subsection may be used in any
6 matter to serve an income withholding notice on a payor if:
7 (a) For any reason the most recent order for
8 support entered does not contain the income withholding
9 provisions required under subsection (B), irrespective of
10 whether a separate order for withholding was entered
11 prior to July 1, 1997; and
12 (b) The obligor has accrued a delinquency after
13 entry of the most recent order for support.
14 (2) The obligee or public office shall prepare and serve
15 the income withholding notice in accordance with the
16 provisions of subsection (C), except that the notice shall
17 contain a periodic amount for payment of the delinquency
18 equal to 20% of the total of the current support amount and
19 the amount to be paid periodically for payment of any
20 arrearage stated in the most recent order for support.
21 (3) If the obligor requests in writing that income
22 withholding become effective prior to the obligor accruing a
23 delinquency under the most recent order for support, the
24 obligee or public office may prepare and serve an income
25 withholding notice on the payor as provided in subsection
26 (B). In addition to filing proofs of service of the income
27 withholding notice on the payor and the obligor, the obligee
28 or public office shall file a copy of the obligor's written
29 request for income withholding with the Clerk of the Circuit
30 Court.
31 (4) All other provisions of this Section shall be
32 applicable with respect to the provisions of this subsection
33 (I).
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1 (J) Remedies in Addition to Other Laws.
2 (1) The rights, remedies, duties and penalties created
3 by this Section are in addition to and not in substitution
4 for any other rights, remedies, duties and penalties created
5 by any other law.
6 (2) Nothing in this Section shall be construed as
7 invalidating any assignment of wages or benefits executed
8 prior to January 1, 1984 or any order for withholding served
9 prior to July 1, 1997.
10 (15 ILCS 205/7.170 new)
11 Sec. 7.170. Posting security, bond or guarantee to
12 secure payment. The court may require the responsible
13 relative to post security or bond or give some other
14 guarantee of a character and amount sufficient to assure
15 payment of any amount of support due.
16 (15 ILCS 205/7.172 new)
17 Sec. 7.172. Information concerning obligors.
18 (a) In this Section:
19 "Arrearage", "delinquency", "obligor", and "order for
20 support" have the meanings attributed to those terms in
21 Section 7.165 of this Act.
22 "Consumer reporting agency" has the meaning attributed to
23 that term in Section 603(f) of the Fair Credit Reporting Act,
24 15 U.S.C. 1681a(f).
25 (b) Whenever a court of competent jurisdiction finds
26 that an obligor either owes an arrearage of more than $10,000
27 or is delinquent in payment of an amount equal to at least 3
28 months' support obligation pursuant to an order for support,
29 the court shall direct the clerk of the court to make
30 information concerning the obligor available to consumer
31 reporting agencies.
32 (c) Whenever a court of competent jurisdiction finds
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1 that an obligor either owes an arrearage of more than $10,000
2 or is delinquent in payment of an amount equal to at least 3
3 months' support obligation pursuant to an order for support,
4 the court shall direct the clerk of the court to cause the
5 obligor's name and address to be published in a newspaper of
6 general circulation in the area in which the obligor resides.
7 The clerk shall cause the obligor's name and address to be
8 published only after sending to the obligor at the obligor's
9 last known address, by certified mail, return receipt
10 requested, a notice of intent to publish the information.
11 This subsection (c) applies only if the obligor resides in
12 the county in which the clerk of the court holds office.
13 (15 ILCS 205/7.175 new)
14 Sec. 7.175. Other actions and remedies for support. The
15 procedures, actions and remedies provided in Sections 7.1
16 through 7.295 shall in no way be exclusive, but shall be
17 available in addition to other actions and remedies of
18 support, including, but not by way of limitation, the
19 remedies provided in the Paternity Act, the Non-Support of
20 Spouse and Children Act, and the Revised Uniform Reciprocal
21 Enforcement of Support Act.
22 (15 ILCS 205/7.180 new)
23 Sec. 7.180. Administrative order by registration. The
24 Attorney General may provide by rule for the registration of
25 a support order entered by a court or administrative body of
26 this or any other State. Registration shall be for the sole
27 purpose of enforcing the registered order and shall not
28 confer jurisdiction on the Attorney General for any other
29 purpose, including modification. Upon registration, such
30 support order shall become an administrative order of the
31 Child and Spouse Support Unit by operation of law. The rule
32 shall provide for notice to and an opportunity to be heard by
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1 the responsible relative affected and any final
2 administrative decision rendered by the Attorney General
3 shall be reviewed only under and in accordance with the
4 Administrative Review Law.
5 Any new or existing support order registered by the
6 Attorney General under this Section shall be deemed to be a
7 series of judgments against the person obligated to pay
8 support thereunder, each such judgment to be in the amount of
9 each payment or installment of support and each such judgment
10 to be deemed entered as of the date the corresponding payment
11 or installment becomes due under the terms of the support
12 order. Each such judgment shall be enforceable in the same
13 manner as any other judgment in this State. A lien arises by
14 operation of law against the real and personal property of
15 the noncustodial parent for each installment of overdue
16 support owed by the noncustodial parent.
17 (15 ILCS 205/7.185 new)
18 Sec. 7.185. Income withholding by administrative order.
19 The Attorney General may provide by rule for entry of an
20 administrative support order containing income withholding
21 provisions and for service and enforcement of an income
22 withholding notice, by the Child and Spouse Support Unit
23 based upon and in the same manner as prescribed by Section
24 7.165. The penalties provided in Section 7.165 shall apply
25 hereto and shall be enforced by filing an action under that
26 Section. The rule shall provide for notice to and an
27 opportunity to be heard by the responsible relative affected
28 and any final administrative decision rendered by the
29 Attorney General shall be reviewed only under and in
30 accordance with the Administrative Review Law.
31 (15 ILCS 205/7.190 new)
32 Sec. 7.190. Federal income tax refund intercept. The
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1 Attorney General may provide by rule for certification to the
2 Department of Health and Human Services of past due support
3 owed by responsible relatives under a support order entered
4 by a court or administrative body of this or any other State
5 on behalf of resident or non-resident persons. The purpose
6 of certification shall be to intercept federal income tax
7 refunds due such relatives in order to satisfy such past due
8 support in whole or in part.
9 The rule shall provide for notice to and an opportunity
10 to be heard by the responsible relative affected and any
11 final administrative decision rendered by the Attorney
12 General shall be reviewed only under and in accordance with
13 the Administrative Review Law. Certification shall be
14 accomplished in accordance with Title IV, Part D of the
15 federal Social Security Act and rules and regulations
16 promulgated thereunder.
17 (15 ILCS 205/7.195 new)
18 Sec. 7.195. Security, bond or guarantee to secure
19 payment. The Attorney General may provide by rule for the
20 requiring of, or for the requesting of the court to require,
21 a responsible relative to post security or bond or give some
22 other guarantee of a character and amount sufficient to
23 assure payment of any amount due under a support order
24 entered by a court or administrative body of this or any
25 other State on behalf of resident or non-resident persons.
26 The rule shall provide for notice to and an opportunity to be
27 heard by each responsible relative affected and any final
28 administrative decision rendered by the Attorney General
29 shall be reviewed only under and in accordance with the
30 Administrative Review Law.
31 (15 ILCS 205/7.200 new)
32 Sec. 7.200. State income tax refund and other payment
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1 intercept. The Attorney General may provide by rule for
2 certification to the Comptroller of past due support owed by
3 responsible relatives under a support order entered by a
4 court or administrative body of this or any other State on
5 behalf of resident or non-resident persons. The purpose of
6 certification shall be to intercept state income tax refunds
7 and other payments due such relatives in order to satisfy
8 such past due support, in whole or in part, whether or not
9 such support is owed to the State. The rule shall provide
10 (i) for notice to and an opportunity to be heard by the
11 responsible relative and any joint payee affected, (ii) that
12 any final administrative decision rendered by the Attorney
13 General shall be reviewed only under and in accordance with
14 the Administrative Review Law, (iii) for distribution of
15 intercepted moneys in accordance with the federal Personal
16 Responsibility and Work Opportunity Reconciliation Act of
17 1996, and (iv) for provision of the responsible relative's
18 social security number (or numbers if the responsible
19 relative has more than one such number) and home address to
20 the Illinois Department of Public Aid and to the Attorney
21 General. In any case where a state income tax refund is
22 intercepted wrongfully or erroneously, the Attorney General
23 shall pay to such relative and any joint payee affected the
24 amount of the refund plus interest, if any, on such amount at
25 the rate of 9% per annum (or at such adjusted rate as is
26 established under Section 6621(b) of the Internal Revenue
27 Code). Interest shall be calculated from the date the
28 Attorney General receives the refund or from 60 days
29 following the date the Attorney General receives a request to
30 be heard, whichever is later, until the date of payment to
31 such relative and joint payee.
32 (15 ILCS 205/7.205 new)
33 Sec. 7.205. Past due support information to licensing
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1 agencies. The Attorney General may provide by rule for
2 certification to any State licensing agency of past due
3 support owed by responsible relatives under a support order
4 entered by a court or administrative body of this or any
5 other State on behalf of resident or non-resident persons.
6 The rule shall provide for notice to and an opportunity to be
7 heard by each responsible relative affected and any final
8 administrative decision rendered by the Attorney General
9 shall be reviewed only under and in accordance with the
10 Administrative Review Law.
11 (15 ILCS 205/7.210 new)
12 Sec. 7.210. Administrative determination of paternity.
13 The Attorney General may provide by rule for the
14 administrative determination of paternity by the Child and
15 Spouse Support Unit in cases involving applicants for or
16 recipients of financial aid under Article IV of the Illinois
17 Public Aid Code and other persons who are given access to the
18 child and spouse support services of this Article as provided
19 in Section 7.5, including persons similarly situated and
20 receiving similar services in other states. The rules shall
21 extend to cases in which the mother and alleged father
22 voluntarily acknowledge paternity in the form required by the
23 Attorney General, or agree to be bound by the results of
24 genetic testing, or in which the alleged father has failed to
25 respond to a notification of support obligation issued under
26 Section 7.30, and for purposes of the program provided for
27 under Section 12-4.31 of the Illinois Public Aid Code to
28 cases of contested paternity involving only applicants for or
29 recipients of assistance under Articles IV, V, and VI of the
30 Illinois Public Aid Code. Any presumption provided for under
31 the Illinois Parentage Act of 1984 shall apply to cases in
32 which paternity is determined under the rules of the Attorney
33 General. The rules shall provide for notice and an
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1 opportunity to be heard by the responsible relative affected
2 if paternity is not voluntarily acknowledged, and any final
3 administrative decision rendered by the Attorney General
4 shall be reviewed only under and in accordance with the
5 Administrative Review Law. Determinations of paternity made
6 by the Attorney General under the rules authorized by this
7 Section shall have the full force and effect of a court
8 judgment of paternity entered under the Illinois Parentage
9 Act of 1984.
10 In determining paternity in contested cases, the Attorney
11 General shall conduct the evidentiary hearing in accordance
12 with Section 11 of the Parentage Act of 1984, except that
13 references in that Section to "the court" shall be deemed to
14 mean the Attorney General's hearing officer in cases in which
15 paternity is determined administratively by the Attorney
16 General.
17 The Attorney General shall provide by rule for procedures
18 for genetic testing in accordance with any applicable federal
19 laws.
20 Notwithstanding any other provision of Sections 7.1
21 through 7.295, and regarding only cases included in the
22 program provided for under Section 12-4.31 of the Illinois
23 Public Aid Code, a default determination of paternity may be
24 made if service of the notice under Section 7.30 was made by
25 publication under the rules for administrative paternity
26 determination authorized by this Section. The rules as they
27 pertain to service by publication shall (i) be based on the
28 provisions of Section 2-206 and 2-207 of the Code of Civil
29 Procedure, (ii) provide for service by publication in cases
30 in which the whereabouts of the alleged father are unknown
31 after diligent location efforts by the Child and Spouse
32 Support Unit, and (iii) provide for publication of a notice
33 of default paternity determination in the same manner that
34 the notice under Section 7.30 was published.
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1 Notwithstanding the limitation on review of final
2 administrative decisions contained in the first paragraph of
3 this Section, a man administratively determined to be the
4 father of a child by default, if the notice under Section
5 7.30 was served by publication, may bring a petition in the
6 circuit court for relief from the administrative
7 determination of paternity on the same grounds provided for
8 relief from judgments under Section 2-1401 of the Code of
9 Civil Procedure. The petition must be filed not later than 2
10 years after notice of the default determination was published
11 in accordance with the rules of the Attorney General.
12 Allegations in the petition made without reasonable cause and
13 found to be untrue shall subject the petitioner or his
14 attorney, or both, to the payment of reasonable costs and
15 attorney's fees incurred by the Attorney General in defending
16 against the petition.
17 The Attorney General may implement this Section through
18 the use of emergency rules in accordance with Section 5-45 of
19 the Illinois Administrative Procedure Act. For purposes of
20 the Illinois Administrative Procedure Act, the adoption of
21 rules to implement this Section shall be considered an
22 emergency and necessary for the public interest, safety, and
23 welfare.
24 (15 ILCS 205/7.215 new)
25 Sec. 7.215. New birth certificate. The Attorney General
26 shall notify the Department of Public Health of a final
27 determination of parentage and a voluntary acknowledgment of
28 paternity made under the rules authorized by Section 7.210,
29 and the Department of Public Health shall issue a new
30 certificate of birth pursuant to Section 17 of the Vital
31 Records Act.
32 (15 ILCS 205/7.220 new)
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1 Sec. 7.220. Past due support information to State
2 Department of Revenue.
3 (a) The Attorney General may provide by rule for
4 certification to the Illinois Department of Revenue of past
5 due support owed by responsible relatives under a support
6 order entered by a court or administrative body of this or
7 any other State on behalf of resident or non-resident
8 persons. The rule shall provide for notice to and an
9 opportunity to be heard by each responsible relative
10 affected. Any final administrative decision rendered by the
11 Attorney General shall be reviewed only under and in
12 accordance with the Administrative Review Law. A responsible
13 relative may avoid certification to the Illinois Department
14 of Revenue by establishing a satisfactory repayment record as
15 determined by the Attorney General.
16 (b) A certified past due support amount shall be final.
17 The certified amount shall be payable to the Illinois
18 Department of Revenue upon written notification of the
19 certification to the responsible relative by the Illinois
20 Department of Revenue.
21 (c) In the event a responsible relative overpays
22 pursuant to collection under this Section and the applicable
23 Sections of the Illinois Income Tax Act, the overpayment
24 shall be a credit against future support obligations. If the
25 current support obligation of the responsible relative has
26 terminated under operation of law or court order, any moneys
27 overpaid but still in the possession of the Attorney General
28 shall be promptly returned to the responsible relative.
29 (d) Except as otherwise provided in this Article, any
30 child support delinquency certified to the Illinois
31 Department of Revenue shall be treated as a child support
32 delinquency for all other purposes, and any collection action
33 by the State's Attorney or the Illinois Department of Revenue
34 with respect to any delinquency certified under Sections 7.1
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1 through 7.295 shall have the same priority against
2 attachment, execution, assignment, or other collection action
3 as is provided by any other provision of State law.
4 (e) Any child support delinquency collected by the
5 Illinois Department of Revenue, including those amounts that
6 result in overpayment of a child support delinquency, shall
7 be deposited in, or transferred to, the Child Support
8 Enforcement Trust Fund.
9 (15 ILCS 205/7.221 new)
10 Sec. 7.221. Requests to other states for administrative
11 enforcement. The Attorney General may provide by rule for the
12 procedures to be followed in the administrative enforcement
13 of interstate cases. The rule may provide for responses to
14 requests made by other states to enforce support orders in
15 accordance with any applicable federal laws and regulations,
16 for certification to other states' child support enforcement
17 agencies of past due support owed by responsible relatives
18 under a support order entered by a court or administrative
19 body of this or any other state on behalf of resident or
20 nonresident persons (including certification of the amount of
21 support in arrears and of compliance with all procedural due
22 process requirements), and for maintenance of records
23 relating to interstate cases. The purpose of certification
24 shall be to request the other states' assistance in
25 administrative enforcement of the support orders. The rule
26 shall provide for notice to and an opportunity to be heard by
27 the responsible relative affected, and any final
28 administrative decision rendered by the Attorney General
29 shall be reviewed only under and in accordance with the
30 Administrative Review Law.
31 (15 ILCS 205/7.223 new)
32 Sec. 7.223. Grandparents' support obligation. If the
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1 noncustodial parent of a child is an unemancipated minor,
2 then to the extent that the minor parent has insufficient
3 financial resources to fulfill his or her support
4 responsibilities to the child, the parents of that minor
5 parent are jointly and severally responsible for any child
6 support for the child of that minor parent if that child is a
7 recipient of assistance under the State's plan for aid and
8 services to needy families with children.
9 (15 ILCS 205/7.225 new)
10 Sec. 7.225. Recoveries; deductibility of direct
11 relatives' support payment. In any actions for the recovery
12 of the financial aid, including actions for the enforcement
13 of estate and lien claims, amounts contributed by responsible
14 relatives either voluntarily or by court or administrative
15 order and paid to the Illinois Department of Public Aid or to
16 a local governmental unit shall be deducted from the claim of
17 the State or the governmental unit.
18 (15 ILCS 205/7.230 new)
19 Sec. 7.230. Support payments ordered under other laws.
20 The Attorney General, Illinois Department of Public Aid, and
21 local governmental units are authorized to receive payments
22 directed by court order for the support of recipients, as
23 provided in the following Acts:
24 (1) The Non-Support of Spouse and Children Act.
25 (2) The Illinois Marriage and Dissolution of
26 Marriage Act.
27 (3) The Illinois Parentage Act.
28 (4) The Revised Uniform Reciprocal Enforcement of
29 Support Act.
30 (5) The Juvenile Court Act or the Juvenile Court
31 Act of 1987.
32 (6) The Unified Code of Corrections.
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1 (7) Part 7 of Article XII of the Code of Civil
2 Procedure.
3 (8) Part 8 of Article XII of the Code of Civil
4 Procedure.
5 (9) Other laws which may provide by judicial order
6 for direct payment of support moneys.
7 Payments under this Section to the Illinois Department of
8 Public Aid or the Attorney General pursuant to the Child
9 Support Enforcement Program established by Title IV-D of the
10 Social Security Act shall be paid into the Child Support
11 Enforcement Trust Fund. All other payments under this Section
12 to the Illinois Department of Public Aid shall be deposited
13 in the Public Assistance Recoveries Trust Fund. Disbursements
14 from these funds shall be as provided in Sections 12-9 and
15 12-10.2 of the Illinois Public Aid Code. Payments received by
16 a local governmental unit shall be deposited in that unit's
17 General Assistance Fund.
18 (15 ILCS 205/7.235 new)
19 Sec. 7.235. Amnesty program. The Attorney General may
20 provide by rule for the establishment of a child support
21 enforcement amnesty program for responsible relatives who owe
22 support under Sections 7.1 through 7.295, to the extent
23 permitted by federal law and regulation. The rule shall
24 provide for the suspending of specified enforcement actions,
25 the duration of the suspension period or periods, the action
26 the responsible relative must take to avoid future
27 enforcement action, and the announcement of the program.
28 (15 ILCS 205/7.240 new)
29 Sec. 7.240. Collection of past-due child support charge.
30 The Attorney General may collect, on behalf of the Illinois
31 Department of Public Aid, any one-time charge imposed on the
32 amount of past-due child support in accordance with Section
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1 10-21 of the Illinois Public Aid Code, subsection (c) of
2 Section 505 of the Illinois Marriage and Dissolution of
3 Marriage Act, Section 3 of the Non-Support of Spouse and
4 Children Act, Section 24 of the Revised Uniform Reciprocal
5 Enforcement of Support Act, and subsection (g) of Section 14
6 of the Illinois Parentage Act of 1984.
7 (15 ILCS 205/7.245 new)
8 Sec. 7.245. State employees. The Attorney General, upon
9 receipt of a statement of child support obligation provided
10 under the Child Support Information Act, shall review its
11 records and take appropriate action to enforce the child
12 support obligation if the State employee is a responsible
13 relative in a case receiving child and spouse support
14 services under Sections 7.1 through 7.295.
15 (15 ILCS 205/7.250 new)
16 Sec. 7.250. Employer obligations. If a parent is
17 required by a court or administrative order for support to
18 provide coverage for a child's health care expenses and if
19 that coverage is available to the parent through an employer
20 who does business in this State, the employer must do all of
21 the following upon receipt of a copy of the order of support
22 or order for withholding:
23 (1) The employer shall, upon the parent's request,
24 permit the parent to include in that coverage a child who
25 is otherwise eligible for that coverage, without regard
26 to any enrollment season restrictions that might
27 otherwise be applicable as to the time period within
28 which the child may be added to that coverage.
29 (2) If the parent has health care coverage through
30 the employer but fails to apply for coverage of the
31 child, the employer shall include the child in the
32 parent's coverage upon application by the child's other
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1 parent or the Attorney General.
2 (3) The employer may not eliminate any child from
3 the parent's health care coverage unless the employee is
4 no longer employed by the employer and no longer covered
5 under the employer's group health plan or unless the
6 employer is provided with satisfactory written evidence
7 of either of the following:
8 (A) The court or administrative order is no
9 longer in effect.
10 (B) The child is or will be included in a
11 comparable health care plan obtained by the parent
12 under such order that is currently in effect or will
13 take effect no later than the date the prior
14 coverage is terminated.
15 The employer may eliminate a child from a parent's
16 health care coverage if the employer has eliminated
17 dependent health care coverage for all of its employees.
18 (15 ILCS 205/7.255 new)
19 Sec. 7.255. Definitions. In this Section through
20 Section 7.285:
21 "Account" means a demand deposit account, checking or
22 negotiable withdrawal order account, savings account, time
23 deposit account, or money market mutual fund account.
24 "Financial institution" includes:
25 (1) a depository institution, which is any bank or
26 saving association;
27 (2) an insured depository institution, which is any
28 bank or saving institution the deposits of which are
29 insured pursuant to the Federal Deposit Insurance Act, or
30 any uninsured branch or agency of a foreign bank or a
31 commercial lending company owned or controlled by a
32 foreign bank;
33 (3) a federal depository institution, which is any
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1 national bank, any federal savings association, or any
2 federal branch;
3 (4) a state depository institution, which is any
4 state bank, any state savings association, or any insured
5 branch which is not a federal branch;
6 (5) a federal credit union, which is a cooperative
7 association organized in accordance with the provisions
8 of the Federal Credit Union Act;
9 (6) a state chartered credit union which is
10 organized and operated according to the laws of this or
11 any other state, which laws provide for the organization
12 of credit unions similar in principle and objectives to
13 federal credit unions; and
14 (7) any benefit association, insurance company,
15 safe deposit company, money market mutual fund, or
16 similar entity authorized to do business in this State.
17 "Financial record" has the meaning given to that term in
18 Section 1101 of the federal Right to Financial Privacy Act of
19 1978 (12 U.S.C. 3401).
20 (15 ILCS 205/7.260 new)
21 Sec. 7.260. Financial institutions data matches.
22 (a) The Attorney General may design and implement a data
23 match system pursuant to which the Attorney General shall
24 enter into agreements with financial institutions doing
25 business in this State for the purpose of identifying
26 accounts as defined in Section 7.255 of responsible relatives
27 who owe past-due child support.
28 (b) Every agreement entered into with a financial
29 institution under this Section shall provide, at the option
30 of the financial institution, either (i) that the financial
31 institution shall compare data concerning account holders,
32 owners, or customers who maintain one or more accounts as
33 defined in Section 7.255 at the financial institution with
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1 data concerning individuals identified by the Attorney
2 General as responsible relatives who owe past-due child
3 support and for each of whom the Attorney General shall
4 provide the name, record address, and social security number
5 or tax identification number, or (ii) that the financial
6 institution shall provide the social security number or tax
7 identification number of the account holders, owners, or
8 customers who maintain one or more accounts as defined in
9 Section 7.255 at the financial institution to the Attorney
10 General, who shall compare that data with data concerning
11 individuals identified as responsible relatives who owe
12 past-due child support.
13 (c) Every agreement shall provide that the Attorney
14 General shall pay to the financial institution providing or
15 comparing the data a reasonable fee not to exceed the
16 institution's actual cost of providing the data or performing
17 the comparison.
18 (d) If the financial institution or Attorney General
19 determines that the name and either social security number or
20 tax identification number of an individual identified by the
21 Attorney General under subsection (b) match the name and
22 either social security number or tax identification number of
23 the account holder, owner, or customer who maintains one or
24 more accounts as defined in Section 7.255 at the financial
25 institution, then the financial institution shall report the
26 individual's name and either social security number or tax
27 identification number to the Attorney General, for each
28 calendar quarter in which the individual is identified by the
29 Attorney General as a responsible relative who owes past-due
30 child support.
31 (15 ILCS 205/7.265 new)
32 Sec. 7.265. Types of accounts to be reported. The
33 reporting requirements of Section 7.260 regarding accounts as
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1 defined in Section 7.255 apply to individual accounts, joint
2 accounts, and sole proprietorship accounts. In the case of a
3 joint account, the account holder or owner shall be deemed to
4 be the primary account holder or owner established by the
5 financial institution in accordance with federal 1099
6 reporting requirements.
7 (15 ILCS 205/7.270 new)
8 Sec. 7.270. Accommodation of financial institutions.
9 The Attorney General shall make a reasonable effort to
10 accommodate those financial institutions on which the
11 requirements of Sections 7.1 through 7.295 would impose a
12 hardship. In the case of a non-automated financial
13 institution, a paper copy including either social security
14 numbers or tax identification numbers is an acceptable
15 format. In order to allow for data processing
16 implementation, no agreement shall become effective earlier
17 than 90 days after its execution.
18 (15 ILCS 205/7.275 new)
19 Sec. 7.275. Financial institution's charges on account.
20 (a) If the Attorney General requests a financial
21 institution to hold or encumber assets in an account as
22 defined in Section 7.255, the financial institution at which
23 the account as defined in Section 7.255 is maintained may
24 charge and collect its normally scheduled account activity
25 fees to maintain the account during the period of time the
26 account assets are held or encumbered.
27 (b) If the Attorney General takes any action to enforce
28 a lien or levy imposed on an account, as defined in Section
29 7.255, under Section 7.295, the financial institution at
30 which the account is maintained may charge to the account a
31 fee of up to $50 and shall deduct the amount of the fee from
32 the account before remitting any moneys from the account to
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1 the Attorney General.
2 (15 ILCS 205/7.280 new)
3 Sec. 7.280. Confidentiality. All information provided
4 by a financial institution under Sections 7.255 through 7.285
5 is confidential and may be used only for the purpose of
6 enforcing payment of child support. The Attorney General
7 shall adopt rules to safeguard any confidential information
8 received from a financial institution.
9 (15 ILCS 205/7.285 new)
10 Sec. 7.285. Financial institution's freedom from
11 liability. A financial institution that provides information
12 under Sections 7.255 through 7.285 shall not be liable to any
13 account holder, owner, or other person in any civil,
14 criminal, or administrative action for any of the following:
15 (1) Disclosing the required information to the
16 Attorney General, any other provisions of the law not
17 withstanding.
18 (2) Holding, encumbering, or surrendering any of an
19 individual's accounts as defined in Section 7.255 in
20 response to a lien or order to withhold and deliver
21 issued by:
22 (A) the Attorney General under Sections 7.290
23 and 7.295; or
24 (B) a person or entity acting on behalf of the
25 Attorney General.
26 (3) Any other action taken or omission made in good
27 faith to comply with Sections 7.255 through 7.285,
28 including individual or mechanical errors, provided that
29 the action or omission does not constitute gross
30 negligence or willful misconduct.
31 (15 ILCS 205/7.290 new)
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1 Sec. 7.290. Administrative liens and levies on real
2 property for past-due child support.
3 (a) The State shall have a lien on all legal and
4 equitable interests of responsible relatives in their real
5 property in the amount of past-due child support owing
6 pursuant to an order for child support entered under Sections
7 7.60 and 7.80 of this Act or Sections 10-10 and 10-11 of the
8 Illinois Public Aid Code or under the Illinois Marriage and
9 Dissolution of Marriage Act, the Non-Support of Spouse and
10 Children Act, the Uniform Interstate Family Support Act, or
11 the Illinois Parentage Act of 1984.
12 (b) The Attorney General shall provide by rule for
13 notice to and an opportunity to be heard by each responsible
14 relative affected, and any final administrative decision
15 rendered by the Attorney General shall be reviewed only under
16 and in accordance with the Administrative Review Law.
17 (c) When enforcing a lien under subsection (a) of this
18 Section, the Attorney General shall have the authority to
19 execute notices of administrative liens and levies, which
20 shall contain the name and address of the responsible
21 relative, a legal description of the real property to be
22 levied, the fact that a lien is being claimed for past-due
23 child support, and such other information as the Attorney
24 General may by rule prescribe. The Attorney General shall
25 record the notice of lien with the recorder or registrar of
26 titles of the county or counties in which the real estate is
27 located.
28 (d) The State's lien under subsection (a) shall be
29 enforceable upon the recording or filing of a notice of lien
30 with the recorder or registrar of titles of the county or
31 counties in which the real estate is located. The lien shall
32 be prior to any lien thereafter recorded or filed and shall
33 be notice to a subsequent purchaser, assignor, or
34 encumbrancer of the existence and nature of the lien. The
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1 lien shall be inferior to the lien of general taxes, special
2 assessment, and special taxes heretofore or hereafter levied
3 by any political subdivision or municipal corporation of the
4 State.
5 In the event that title to the land to be affected by the
6 notice of lien is registered under the Registered Titles
7 (Torrens) Act, the notice shall be filed in the office of the
8 registrar of titles as a memorial or charge upon each folium
9 of the register of titles affected by the notice; but the
10 State shall not have a preference over the rights of any bona
11 fide purchaser, mortgagee, judgment creditor, or other lien
12 holders registered prior to the registration of the notice.
13 (e) The recorder or registrar of titles of each county
14 shall procure a file labeled "Child Support Lien Notices" and
15 an index book labeled "Child Support Lien Notices". When
16 notice of any lien is presented to the recorder or registrar
17 of titles for filing, the recorder or registrar of titles
18 shall file it in numerical order in the file and shall enter
19 it alphabetically in the index. The entry shall show the
20 name and last known address of the person named in the
21 notice, the serial number of the notice, the date and hour of
22 filing, and the amount of child support due at the time when
23 the lien is filed.
24 (f) The Attorney General shall not be required to
25 furnish bond or make a deposit for or pay any costs or fees
26 of any court or officer thereof in any legal proceeding
27 involving the lien.
28 (g) To protect the lien of the State for past-due child
29 support, the Attorney General may, from funds that are
30 available for that purpose, pay or provide for the payment of
31 necessary or essential repairs, purchase tax certificates,
32 pay balances due on land contracts, or pay or cause to be
33 satisfied any prior liens on the property to which the lien
34 hereunder applies.
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1 (h) A lien on real property under this Section shall be
2 released pursuant to Section 12-101 of the Code of Civil
3 Procedure.
4 (i) The Attorney General, acting in behalf of the State,
5 may foreclose the lien in a judicial proceeding to the same
6 extent and in the same manner as in the enforcement of other
7 liens. The process, practice, and procedure for the
8 foreclosure shall be the same as provided in the Code of
9 Civil Procedure.
10 (15 ILCS 205/7.295 new)
11 Sec. 7.295. Administrative liens and levies on personal
12 property for past-due child support.
13 (a) The State shall have a lien on all legal and
14 equitable interests of responsible relatives in their
15 personal property, including any account in a financial
16 institution as defined in Section 7.255, or in the case of an
17 insurance company or benefit association only in accounts as
18 defined in Section 7.255, in the amount of past-due child
19 support owing pursuant to an order for child support entered
20 under Sections 7.60 and 7.80 of this Act or Sections 10-10
21 and 10-11 of the Illinois Public Aid Code or under the
22 Illinois Marriage and Dissolution of Marriage Act, the
23 Non-Support of Spouse and Children Act, the Uniform
24 Interstate Family Support Act, or the Illinois Parentage Act
25 of 1984.
26 (b) The Attorney General shall provide by rule for
27 notice to and an opportunity to be heard by each responsible
28 relative affected, and any final administrative decision
29 rendered by the Attorney General shall be reviewed only under
30 and in accordance with the Administrative Review Law.
31 (c) When enforcing a lien under subsection (a) of this
32 Section, the Attorney General shall have the authority to
33 execute notices of administrative liens and levies, which
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1 shall contain the name and address of the responsible
2 relative, a description of the property to be levied, the
3 fact that a lien is being claimed for past-due child support,
4 and such other information as the Attorney General may by
5 rule prescribe. The Attorney General may serve the notice of
6 lien or levy upon any financial institution where the
7 accounts as defined in Section 7.255 of the responsible
8 relative may be held, for encumbrance or surrender of the
9 accounts as defined in Section 7.255 by the financial
10 institution.
11 (d) The Attorney General shall enforce its lien against
12 the responsible relative's personal property, other than
13 accounts as defined in Section 7.255 in financial
14 institutions, and levy upon such personal property in the
15 manner provided for enforcement of judgments contained in
16 Article XII of the Code of Civil Procedure.
17 (e) The Attorney General shall not be required to
18 furnish bond or make a deposit for or pay any costs or fees
19 of any court or officer thereof in any legal proceeding
20 involving the lien.
21 (f) To protect the lien of the State for past-due child
22 support, the Attorney General may, from funds that are
23 available for that purpose, pay or provide for the payment of
24 necessary or essential repairs, purchase tax certificates, or
25 pay or cause to be satisfied any prior liens on the property
26 to which the lien hereunder applies.
27 (g) A lien on personal property under this Section shall
28 be released in the manner provided under Article XII of the
29 Code of Civil Procedure. Notwithstanding the foregoing, a
30 lien under this Section on accounts as defined in Section
31 7.255 shall expire upon the passage of 120 days from the date
32 of issuance of the Notice of Lien or Levy by the Attorney
33 General. However, the lien shall remain in effect during the
34 pendency of any appeal or protest.
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1 (h) A lien created under this Section is subordinate to
2 any prior lien of the financial institution or any prior lien
3 holder or any prior right of set-off that the financial
4 institution may have against the assets, or in the case of an
5 insurance company or benefit association only in the accounts
6 as defined in Section 7.255.
7 (i) A financial institution has no obligation under this
8 Section to hold, encumber, or surrender the assets, or in the
9 case of an insurance company or benefit association only the
10 accounts as defined in Section 7.255, until the financial
11 institution has been properly served with a subpoena,
12 summons, warrant, court or administrative order, or
13 administrative lien and levy requiring that action.
14 Section 10. The Illinois Administrative Procedure Act is
15 amended by changing Section 10-65 as follows:
16 (5 ILCS 100/10-65) (from Ch. 127, par. 1010-65)
17 Sec. 10-65. Licenses.
18 (a) When any licensing is required by law to be preceded
19 by notice and an opportunity for a hearing, the provisions of
20 this Act concerning contested cases shall apply.
21 (b) When a licensee has made timely and sufficient
22 application for the renewal of a license or a new license
23 with reference to any activity of a continuing nature, the
24 existing license shall continue in full force and effect
25 until the final agency decision on the application has been
26 made unless a later date is fixed by order of a reviewing
27 court.
28 (c) An application for the renewal of a license or a new
29 license shall include the applicant's social security number.
30 Each agency shall require the licensee to certify on the
31 application form, under penalty of perjury, that he or she is
32 not more than 30 days delinquent in complying with a child
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1 support order. Every application shall state that failure to
2 so certify shall result in disciplinary action, and that
3 making a false statement may subject the licensee to contempt
4 of court. The agency shall notify each applicant or licensee
5 who acknowledges a delinquency or who, contrary to his or her
6 certification, is found to be delinquent or who after
7 receiving notice, fails to comply with a subpoena or warrant
8 relating to a paternity or a child support proceeding, that
9 the agency intends to take disciplinary action. Accordingly,
10 the agency shall provide written notice of the facts or
11 conduct upon which the agency will rely to support its
12 proposed action and the applicant or licensee shall be given
13 an opportunity for a hearing in accordance with the
14 provisions of the Act concerning contested cases. Any
15 delinquency in complying with a child support order can be
16 remedied by arranging for payment of past due and current
17 support. Any failure to comply with a subpoena or warrant
18 relating to a paternity or child support proceeding can be
19 remedied by complying with the subpoena or warrant. Upon a
20 final finding of delinquency or failure to comply with a
21 subpoena or warrant, the agency shall suspend, revoke, or
22 refuse to issue or renew the license. In cases in which the
23 Department of Public Aid (before the effective date of this
24 amendatory Act of 1997) or the Attorney General (on and after
25 that date) has previously determined that an applicant or a
26 licensee is more than 30 days delinquent in the payment of
27 child support and has subsequently certified the delinquency
28 to the licensing agency, the licensing agency shall refuse to
29 issue or renew or shall revoke or suspend that person's
30 license based solely upon the certification of delinquency
31 made by the Department of Public Aid or the Attorney General.
32 Further process, hearings, or redetermination of the
33 delinquency by the licensing agency shall not be required.
34 The licensing agency may issue or renew a license if the
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1 licensee has arranged for payment of past and current child
2 support obligations in a manner satisfactory to the
3 Department of Public Aid (before the effective date of this
4 amendatory Act of 1997) or the Attorney General (on and after
5 that date). The licensing agency may impose conditions,
6 restrictions, or disciplinary action upon that license.
7 (d) Except as provided in subsection (c), no agency
8 shall revoke, suspend, annul, withdraw, amend materially, or
9 refuse to renew any valid license without first giving
10 written notice to the licensee of the facts or conduct upon
11 which the agency will rely to support its proposed action and
12 an opportunity for a hearing in accordance with the
13 provisions of this Act concerning contested cases. At the
14 hearing, the licensee shall have the right to show compliance
15 with all lawful requirements for the retention, continuation,
16 or renewal of the license. If, however, the agency finds
17 that the public interest, safety, or welfare imperatively
18 requires emergency action, and if the agency incorporates a
19 finding to that effect in its order, summary suspension of a
20 license may be ordered pending proceedings for revocation or
21 other action. Those proceedings shall be promptly instituted
22 and determined.
23 (e) Any application for renewal of a license that
24 contains required and relevant information, data, material,
25 or circumstances that were not contained in an application
26 for the existing license shall be subject to the provisions
27 of subsection (a).
28 (Source: P.A. 89-6, eff. 3-6-95; 90-18, eff. 7-1-97.)
29 Section 15. The Intergovernmental Cooperation Act is
30 amended by changing Section 3 as follows:
31 (5 ILCS 220/3) (from Ch. 127, par. 743)
32 Sec. 3. Intergovernmental agreements. Any power or
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1 powers, privileges or authority exercised or which may be
2 exercised by a public agency of this State may be exercised
3 and enjoyed jointly with any other public agency of this
4 State and jointly with any public agency of any other state
5 or of the United States to the extent that laws of such other
6 state or of the United States do not prohibit joint exercise
7 or enjoyment. This includes, but is not limited to, (i)
8 arrangements between the Illinois Student Assistance
9 Commission and agencies in other states which issue
10 professional licenses and (ii) agreements between the
11 Illinois Department of Public Aid (before the effective date
12 of this amendatory Act of 1997) or the Attorney General (on
13 and after that date) and public agencies for the
14 establishment and enforcement of child support orders and for
15 the exchange of information that may be necessary for the
16 enforcement of those child support orders.
17 (Source: P.A. 89-6, eff. 3-6-95; 90-18, eff. 7-1-97.)
18 Section 17. The New Hire Reporting Act is amended by
19 changing Section 35 as follows:
20 (20 ILCS 1020/35)
21 Sec. 35. Attorney General's Department of Public Aid
22 duties. The Attorney General Department of Public Aid shall
23 establish a community advisory committee for oversight of the
24 implementation process, toll-free telephone lines for
25 employers with child support questions, an expedited hearing
26 process for non-custodial parents who contest an employer's
27 execution of an order for withholding and brochures and
28 public service announcements that inform the general public
29 about the New Hire Directory and how to utilize it, within
30 the federal and State confidentiality laws, in pursuit of
31 child support.
32 (Source: P.A. 90-425, eff. 8-15-97.)
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1 Section 20. The Civil Administrative Code of Illinois is
2 amended by changing Section 60 as follows:
3 (20 ILCS 2105/60) (from Ch. 127, par. 60)
4 Sec. 60. Powers and duties. The Department of
5 Professional Regulation shall have, subject to the provisions
6 of this Act, the following powers and duties:
7 1. To authorize examinations in English to ascertain the
8 qualifications and fitness of applicants to exercise the
9 profession, trade, or occupation for which the examination is
10 held.
11 2. To prescribe rules and regulations for a fair and
12 wholly impartial method of examination of candidates to
13 exercise the respective professions, trades, or occupations.
14 3. To pass upon the qualifications of applicants for
15 licenses, certificates, and authorities, whether by
16 examination, by reciprocity, or by endorsement.
17 4. To prescribe rules and regulations defining, for the
18 respective professions, trades, and occupations, what shall
19 constitute a school, college, or university, or department of
20 a university, or other institutions, reputable and in good
21 standing and to determine the reputability and good standing
22 of a school, college, or university, or department of a
23 university, or other institution, reputable and in good
24 standing by reference to a compliance with such rules and
25 regulations: provided, that no school, college, or
26 university, or department of a university or other
27 institution that refuses admittance to applicants solely on
28 account of race, color, creed, sex, or national origin shall
29 be considered reputable and in good standing.
30 5. To conduct hearings on proceedings to revoke,
31 suspend, refuse to renew, place on probationary status, or
32 take other disciplinary action as may be authorized in any
33 licensing Act administered by the Department with regard to
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1 licenses, certificates, or authorities of persons exercising
2 the respective professions, trades, or occupations, and to
3 revoke, suspend, refuse to renew, place on probationary
4 status, or take other disciplinary action as may be
5 authorized in any licensing Act administered by the
6 Department with regard to such licenses, certificates, or
7 authorities. The Department shall issue a monthly
8 disciplinary report. The Department shall deny any license
9 or renewal authorized by this Act to any person who has
10 defaulted on an educational loan or scholarship provided by
11 or guaranteed by the Illinois Student Assistance Commission
12 or any governmental agency of this State; however, the
13 Department may issue a license or renewal if the
14 aforementioned persons have established a satisfactory
15 repayment record as determined by the Illinois Student
16 Assistance Commission or other appropriate governmental
17 agency of this State. Additionally, beginning June 1, 1996,
18 any license issued by the Department may be suspended or
19 revoked if the Department, after the opportunity for a
20 hearing under the appropriate licensing Act, finds that the
21 licensee has failed to make satisfactory repayment to the
22 Illinois Student Assistance Commission for a delinquent or
23 defaulted loan. For the purposes of this Section,
24 "satisfactory repayment record" shall be defined by rule. The
25 Department shall refuse to issue or renew a license to, or
26 shall suspend or revoke a license of, any person who, after
27 receiving notice, fails to comply with a subpoena or warrant
28 relating to a paternity or child support proceeding.
29 However, the Department may issue a license or renewal upon
30 compliance with the subpoena or warrant.
31 The Department, without further process or hearings,
32 shall revoke, suspend, or deny any license or renewal
33 authorized by this Act to a person who is certified by the
34 Illinois Department of Public Aid (before the effective date
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1 of this amendatory Act of 1997) or the Attorney General (on
2 and after that date) as being more than 30 days delinquent in
3 complying with a child support order; the Department may,
4 however, issue a license or renewal if the person has
5 established a satisfactory repayment record as determined by
6 the Illinois Department of Public Aid (before the effective
7 date of this amendatory Act of 1997) or the Attorney General
8 (on and after that date). The Department may implement this
9 paragraph as added by Public Act 89-6 through the use of
10 emergency rules in accordance with Section 5-45 of the
11 Illinois Administrative Procedure Act. For purposes of the
12 Illinois Administrative Procedure Act, the adoption of rules
13 to implement this paragraph shall be considered an emergency
14 and necessary for the public interest, safety, and welfare.
15 6. To transfer jurisdiction of any realty under the
16 control of the Department to any other Department of the
17 State Government, or to acquire or accept Federal lands, when
18 such transfer, acquisition or acceptance is advantageous to
19 the State and is approved in writing by the Governor.
20 7. To formulate rules and regulations as may be
21 necessary for the enforcement of any act administered by the
22 Department.
23 8. To exchange with the Illinois Department of Public
24 Aid (before the effective date of this amendatory Act of
25 1997) or the Attorney General (on and after that date)
26 information that may be necessary for the enforcement of
27 child support orders entered pursuant to the Attorney General
28 Act, the Illinois Public Aid Code, the Illinois Marriage and
29 Dissolution of Marriage Act, the Non-Support of Spouse and
30 Children Act, the Revised Uniform Reciprocal Enforcement of
31 Support Act, the Uniform Interstate Family Support Act, or
32 the Illinois Parentage Act of 1984. Notwithstanding any
33 provisions in this Code to the contrary, the Department of
34 Professional Regulation shall not be liable under any federal
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1 or State law to any person for any disclosure of information
2 to the Illinois Department of Public Aid or the Attorney
3 General under this paragraph 8 or for any other action taken
4 in good faith to comply with the requirements of this
5 paragraph 8.
6 9. To require an applicant for any new license or for
7 the renewal of a license to provide his or her social
8 security number on the license application form.
9 10. 9. To perform such other duties as may be
10 prescribed by law.
11 The Department may, when a fee is payable to the
12 Department for a wall certificate of registration provided by
13 the Department of Central Management Services, require that
14 portion of the payment for printing and distribution costs be
15 made directly or through the Department, to the Department of
16 Central Management Services for deposit in the Paper and
17 Printing Revolving Fund, the remainder shall be deposited in
18 the General Revenue Fund.
19 For the purpose of securing and preparing evidence, and
20 for the purchase of controlled substances, professional
21 services, and equipment necessary for enforcement activities,
22 recoupment of investigative costs and other activities
23 directed at suppressing the misuse and abuse of controlled
24 substances, including those activities set forth in Sections
25 504 and 508 of the Illinois Controlled Substances Act, the
26 Director and agents appointed and authorized by the Director
27 may expend such sums from the Professional Regulation
28 Evidence Fund as the Director deems necessary from the
29 amounts appropriated for that purpose and such sums may be
30 advanced to the agent when the Director deems such procedure
31 to be in the public interest. Sums for the purchase of
32 controlled substances, professional services, and equipment
33 necessary for enforcement activities and other activities as
34 set forth in this Section shall be advanced to the agent who
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1 is to make such purchase from the Professional Regulation
2 Evidence Fund on vouchers signed by the Director. The
3 Director and such agents are authorized to maintain one or
4 more commercial checking accounts with any State banking
5 corporation or corporations organized under or subject to the
6 Illinois Banking Act for the deposit and withdrawal of moneys
7 to be used for the purposes set forth in this Section;
8 provided, that no check may be written nor any withdrawal
9 made from any such account except upon the written signatures
10 of 2 persons designated by the Director to write such checks
11 and make such withdrawals. Vouchers for such expenditures
12 must be signed by the Director and all such expenditures
13 shall be audited by the Director and the audit shall be
14 submitted to the Department of Central Management Services
15 for approval.
16 Whenever the Department is authorized or required by law
17 to consider some aspect of criminal history record
18 information for the purpose of carrying out its statutory
19 powers and responsibilities, then, upon request and payment
20 of fees in conformance with the requirements of subsection 22
21 of Section 55a of the Civil Administrative Code of Illinois,
22 the Department of State Police is authorized to furnish,
23 pursuant to positive identification, such information
24 contained in State files as is necessary to fulfill the
25 request.
26 The provisions of this Section do not apply to private
27 business and vocational schools as defined by Section 1 of
28 the Private Business and Vocational Schools Act.
29 Beginning July 1, 1995, this Section does not apply to
30 those professions, trades, and occupations licensed under the
31 Real Estate License Act of 1983 nor does it apply to any
32 permits, certificates, or other authorizations to do business
33 provided for in the Land Sales Registration Act of 1989 or
34 the Illinois Real Estate Time-Share Act.
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1 (Source: P.A. 89-6, eff. 3-6-95; 89-23, eff. 7-1-95; 89-237,
2 eff. 8-4-95; 89-411, eff. 6-1-96; 89-626, eff. 8-9-96; 90-18,
3 eff. 7-1-97.)
4 Section 25. The Civil Administrative Code of Illinois is
5 amended by changing Section 39b52 as follows:
6 (20 ILCS 2505/39b52)
7 Sec. 39b52. Collection of past due support. Upon
8 certification of past due child support amounts from the
9 Department of Public Aid (before the effective date of this
10 amendatory Act of 1997) or the Attorney General (on and after
11 that date), the Department of Revenue may collect the
12 delinquency in any manner authorized for the collection of
13 any tax administered by the Department of Revenue. The
14 Department of Revenue shall notify the Department of Public
15 Aid (before the effective date of this amendatory Act of
16 1997) or the Attorney General (on and after that date) when
17 the delinquency or any portion of the delinquency has been
18 collected under this Section. Any child support delinquency
19 collected by the Department of Revenue, including those
20 amounts that result in overpayment of a child support
21 delinquency, shall be deposited in, or transferred to, the
22 Child Support Enforcement Trust Fund. The Department of
23 Revenue may implement this Section through the use of
24 emergency rules in accordance with Section 5-45 of the
25 Illinois Administrative Procedure Act. For purposes of the
26 Illinois Administrative Procedure Act, the adoption of rules
27 to implement this Section shall be considered an emergency
28 and necessary for the public interest, safety, and welfare.
29 (Source: P.A. 89-6, eff. 12-31-95; 90-491, eff. 1-1-98.)
30 Section 30. The Illinois Public Aid Code is amended by
31 adding Section 10-1.5 and changing Sections 10-21, 12-4.7c,
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1 12-4.31, 12-10.2, and 12-16 as follows:
2 (305 ILCS 5/10-1.5 new)
3 Sec. 10-1.5. Transfer of powers to Attorney General.
4 (a) On the effective date of this amendatory Act of
5 1997, all the rights, powers, and duties vested by law in the
6 Illinois Department or the Illinois Department's Child and
7 Spouse Support Unit under this Article X are transferred to
8 the Attorney General as provided in Sections 7.1 through
9 7.295 of the Attorney General Act.
10 (b) The Illinois Department shall provide to the
11 Attorney General all information in the Illinois Department's
12 possession concerning recipients that is necessary to enable
13 the Attorney General to perform the duties prescribed in
14 Sections 7.1 through 7.295 of the Attorney General Act.
15 (305 ILCS 5/10-21) (from Ch. 23, par. 10-21)
16 Sec. 10-21. The Illinois Department may provide by rule
17 for the imposition of a one-time charge of 20% of the amount
18 of past-due child support owed on July 1, 1988, by
19 responsible relatives of persons receiving support services
20 under this Article X, which has accrued under a support order
21 entered by a court or administrative body of this or any
22 other State, on behalf of resident or non-resident persons.
23 The rule shall provide for notice to, and an opportunity to
24 be heard by, the responsible relative affected and any final
25 administrative decision rendered by the Department shall be
26 reviewed only under and in accordance with the Administrative
27 Review Law. No action to impose the charge shall be
28 commenced after June 30, 1993. Action under this Section
29 shall be subject to the limitations of Section 10-20 of this
30 Code.
31 On and after the effective date of this amendatory Act of
32 1997, the Attorney General may collect, on behalf of the
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1 Illinois Department, any charge imposed in accordance with
2 this Section. Nothing in this amendatory Act of 1997 shall
3 be construed to affect the validity of any charge imposed in
4 accordance with this Section.
5 (Source: P.A. 85-114.)
6 (305 ILCS 5/12-4.7c)
7 Sec. 12-4.7c. Exchange of information after July 1, 1997.
8 (a) The Department of Human Services shall exchange with
9 the Illinois Department of Public Aid (before the effective
10 date of this amendatory Act of 1997) or the Attorney General
11 (on and after that date) information that may be necessary
12 for the enforcement of child support orders entered pursuant
13 to Sections 10-10 and 10-11 of this Code or Sections 7.60 and
14 7.80 of the Attorney General Act or pursuant to the Illinois
15 Marriage and Dissolution of Marriage Act, the Non-Support of
16 Spouse and Children Act, the Revised Uniform Reciprocal
17 Enforcement of Support Act, the Uniform Interstate Family
18 Support Act, or the Illinois Parentage Act of 1984.
19 (b) Notwithstanding any provisions in this Code to the
20 contrary, the Department of Human Services shall not be
21 liable to any person for any disclosure of information to the
22 Illinois Department of Public Aid or the Attorney General
23 under subsection (a) or for any other action taken in good
24 faith to comply with the requirements of subsection (a).
25 (Source: P.A. 90-18, eff. 7-1-97.)
26 (305 ILCS 5/12-4.31)
27 Sec. 12-4.31. Paternity establishment and continued
28 eligibility.
29 (a) In this Section, "nonmarital child" means a child
30 born to a woman who was not married to the child's father at
31 the time of the child's birth.
32 (b) The Illinois Department is authorized to conduct a
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1 paternity establishment and continued eligibility program as
2 a demonstration program in certain geographic areas as
3 defined by rule. Upon completion of the demonstration, the
4 Illinois Department may expand the program statewide. If the
5 Illinois Department, as part of the demonstration program or
6 statewide program, makes administrative determinations of
7 paternity, it shall do so according to rules adopted under
8 Section 7.210 of the Attorney General Act 10-17.7.
9 Under the paternity establishment and continued
10 eligibility program, the custodial parent of a nonmarital
11 child otherwise eligible for assistance under Article IV, V,
12 or VI of this Code shall receive assistance for the custodial
13 parent and that child for no longer than 6 full months
14 unless:
15 (1) the paternity of the child is established
16 before the beginning of or within the 6-month period;
17 (2) the parent has fully cooperated with efforts to
18 establish the child's paternity, but, through no fault of
19 the parent, paternity has not been established;
20 (3) the parent begins to receive assistance while a
21 court action to establish the child's paternity is
22 pending, and the parent continues to cooperate with the
23 Illinois Department's efforts to establish paternity;
24 (4) the parent attests under oath to fear of abuse
25 by the putative father of the child and provides
26 documentation to substantiate that fear, or the parent
27 claims good cause for failing to cooperate in the
28 establishment of paternity due to rape by an unknown
29 assailant, and the person is found to be exempt from
30 cooperating to establish paternity under rules adopted by
31 the Illinois Department;
32 (5) the parent has not yet given birth to the
33 nonmarital child; or
34 (6) the putative father of the child is
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1 incarcerated and inaccessible to the process for
2 establishing the child's paternity.
3 (b-5) (b) The 6-month period referred to in subsection
4 (a) shall begin on the date the first full monthly payment of
5 assistance is made, if the parent applied for assistance on
6 or after the effective date of this amendatory Act of 1995.
7 That 6-month period shall begin on the effective date of this
8 amendatory Act of 1995 if the parent was receiving assistance
9 on behalf of the nonmarital child on the effective date of
10 this amendatory Act of 1995.
11 (c) The Illinois Department shall apply for all waivers
12 of federal law and regulations necessary to implement this
13 Section. Implementation of this Section is conditioned upon
14 the Illinois Department's receipt of those waivers.
15 (d) The Illinois Department may implement this Section
16 through the use of emergency rules in accordance with Section
17 5-45 of the Illinois Administrative Procedure Act. For
18 purposes of the Illinois Administrative Procedure Act, the
19 adoption of rules to implement this Section shall be
20 considered an emergency and necessary for the public
21 interest, safety, and welfare.
22 (Source: P.A. 89-6, eff. 3-6-95.)
23 (305 ILCS 5/12-10.2) (from Ch. 23, par. 12-10.2)
24 Sec. 12-10.2. The Child Support Enforcement Trust Fund,
25 to be held by the State Treasurer as ex-officio custodian
26 outside the State Treasury, pursuant to the Child Support
27 Enforcement Program established by Title IV-D of the Social
28 Security Act, shall consist of (1) all support payments
29 received by the Attorney General Illinois Department under
30 Sections 7.50, 7.60, 7.160, and 7.230 of the Attorney General
31 Act 10-8, 10-10, 10-16 and 10-19 that are required by such
32 Sections to be paid into the Child Support Enforcement Trust
33 Fund, and (2) all federal grants received by the Attorney
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1 General Illinois Department funded by Title IV-D of the
2 Social Security Act, except those federal funds received
3 under the Title IV-D program as reimbursement for
4 expenditures from the General Revenue Fund, and (3) incentive
5 payments received by the Attorney General Illinois Department
6 from other states or political subdivisions of other states
7 for the enforcement and collection by the Attorney General
8 Department of an assigned child support obligation in behalf
9 of such other states or their political subdivisions pursuant
10 to the provisions of Title IV-D of the Social Security Act,
11 and (4) incentive payments retained by the Attorney General
12 Illinois Department from the amounts which otherwise would be
13 paid to the Federal government to reimburse the Federal
14 government's share of the support collection for the Attorney
15 General's Department's enforcement and collection of an
16 assigned support obligation on behalf of the State of
17 Illinois pursuant to the provisions of Title IV-D of the
18 Social Security Act, and (5) all fees charged by the Attorney
19 General Department for child support enforcement services, as
20 authorized under Title IV-D of the Social Security Act and
21 Section 7.5 of the Attorney General Act 10-1 of this Code,
22 and any other fees, costs, fines, recoveries, or penalties
23 provided for by State or federal law and received by the
24 Attorney General Department under the Child Support
25 Enforcement Program established by Title IV-D of the Social
26 Security Act, and (6) all amounts appropriated by the General
27 Assembly for deposit into the Fund.
28 Disbursements from this Fund shall be only for the
29 following purposes: (1) for the reimbursement of funds
30 received by the Attorney General Illinois Department through
31 error or mistake, and (2) for payments to non-recipients,
32 current recipients and former recipients of financial aid of
33 support payments received on their behalf under Sections 7.1
34 through 7.295 of the Attorney General Act Article X of this
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1 Code, pursuant to the provisions of Title IV-D of the Social
2 Security Act and rules promulgated by the Department, and (3)
3 for payment of any administrative expenses, including payment
4 to the Health Insurance Reserve Fund for group insurance
5 costs at the rate certified by the Department of Central
6 Management Services, except those required to be paid from
7 the General Revenue Fund, including personal and contractual
8 services, incurred in performing the Title IV-D activities
9 authorized by Sections 7.1 through 7.295 of the Attorney
10 General Act Article X of this Code, and (4) for the
11 reimbursement of the Public Assistance Emergency Revolving
12 Fund for expenditures made from that Fund for payments to
13 former recipients of public aid for child support made to the
14 Attorney General Illinois Department when the former public
15 aid recipient is legally entitled to all or part of the child
16 support payments, pursuant to the provisions of Title IV-D of
17 the Social Security Act, and (5) for the payment of incentive
18 amounts owed to other states or political subdivisions of
19 other states that enforce and collect an assigned support
20 obligation on behalf of the State of Illinois pursuant to the
21 provisions of Title IV-D of the Social Security Act, and (6)
22 for the payment of incentive amounts owed to political
23 subdivisions of the State of Illinois that enforce and
24 collect an assigned support obligation on behalf of the State
25 pursuant to the provisions of Title IV-D of the Social
26 Security Act, and (7) for payments of any amounts which are
27 reimbursable to the Federal government which are required to
28 be paid by State warrant by either the State or Federal
29 government. Disbursements from this Fund shall be by warrants
30 drawn by the State Comptroller on receipt of vouchers duly
31 executed and certified by the Attorney General Illinois
32 Department or any other State agency that receives an
33 appropriation from the Fund.
34 The balance in this Fund on the first day of each
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1 calendar quarter, after payment therefrom of any amounts
2 reimbursable to the Federal government, and minus the amount
3 reasonably anticipated to be needed to make disbursements
4 during the quarter authorized by this Section, shall be
5 certified by the Attorney General Director of the Illinois
6 Department and transferred by the State Comptroller to the
7 General Revenue Fund in the State Treasury within 30 days of
8 the first day of each calendar quarter.
9 The balance transferred to the General Revenue Fund for
10 any fiscal year shall be not less than ten percent of the
11 total support payments received, and retained pursuant to the
12 provisions of Title IV-D of the Social Security Act, on
13 behalf of persons receiving financial assistance under
14 Article IV of this Code which were required to be deposited
15 to this Fund during that fiscal year. The above described
16 payments received and retained shall include the State and
17 Federal share of such payments.
18 (Source: P.A. 89-21, eff. 7-1-95; 89-499, eff. 6-28-96;
19 90-18, eff. 7-1-97.)
20 (305 ILCS 5/12-16) (from Ch. 23, par. 12-16)
21 Sec. 12-16. Public Aid Claims Enforcement Division of
22 Office of Attorney General. The Public Aid Claims
23 Enforcement Division in the Office of the Attorney General,
24 established pursuant to the 1949 Code, shall institute in
25 behalf of the State all court actions referred to it by the
26 Illinois Department of Public Aid, or the Department of Human
27 Services (as successor to the Illinois Department of Public
28 Aid) and the Attorney General under this Code and other laws
29 for the recovery of financial aid provided under the public
30 aid programs, the enforcement of obligations of support, and
31 the enforcement of other claims, penalties and obligations.
32 The Division shall be staffed with attorneys appointed by
33 the Attorney General as Special Assistant Attorneys' General
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1 whose special duty it shall be to execute the aforesaid
2 duties. The Assistant Attorneys' General shall be assigned
3 exclusively to such duties. They may engage only in such
4 political activities as are not prohibited by the Hatch
5 Political Activity Act, Title 5, U. S. C. A., Sections
6 118i et seq.
7 The Attorney General may request the appropriate State's
8 Attorney of a county or staff of the Child and Spouse Support
9 Unit established under Section 10-3.1 of this Code to
10 institute any such action in behalf of the State or to assist
11 the Attorney General in the prosecution of actions instituted
12 by his Office.
13 (Source: P.A. 89-507, eff. 7-1-97.)
14 (305 ILCS 5/10-1 rep.)
15 (305 ILCS 5/10-2 rep.)
16 (305 ILCS 5/10-3 rep.)
17 (305 ILCS 5/10-3.1 rep.)
18 (305 ILCS 5/10-3.2 rep.)
19 (305 ILCS 5/10-3.3 rep.)
20 (305 ILCS 5/10-3.4 rep.)
21 (305 ILCS 5/10-4 rep.)
22 (305 ILCS 5/10-5 rep.)
23 (305 ILCS 5/10-6 rep.)
24 (305 ILCS 5/10-7 rep.)
25 (305 ILCS 5/10-8 rep.)
26 (305 ILCS 5/10-8.1 rep.)
27 (305 ILCS 5/10-9 rep.)
28 (305 ILCS 5/10-10 rep.)
29 (305 ILCS 5/10-10.1 rep.)
30 (305 ILCS 5/10-10.2 rep.)
31 (305 ILCS 5/10-10.3 rep.)
32 (305 ILCS 5/10-11 rep.)
33 (305 ILCS 5/10-11.1 rep.)
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1 (305 ILCS 5/10-12 rep.)
2 (305 ILCS 5/10-13 rep.)
3 (305 ILCS 5/10-13.1 rep.)
4 (305 ILCS 5/10-13.2 rep.)
5 (305 ILCS 5/10-13.3 rep.)
6 (305 ILCS 5/10-13.4 rep.)
7 (305 ILCS 5/10-13.5 rep.)
8 (305 ILCS 5/10-13.6 rep.)
9 (305 ILCS 5/10-13.7 rep.)
10 (305 ILCS 5/10-13.8 rep.)
11 (305 ILCS 5/10-13.9 rep.)
12 (305 ILCS 5/10-13.10 rep.)
13 (305 ILCS 5/10-14 rep.)
14 (305 ILCS 5/10-15 rep.)
15 (305 ILCS 5/10-16 rep.)
16 (305 ILCS 5/10-16.2 rep.)
17 (305 ILCS 5/10-16.3 rep.)
18 (305 ILCS 5/10-17 rep.)
19 (305 ILCS 5/10-17.1 rep.)
20 (305 ILCS 5/10-17.2 rep.)
21 (305 ILCS 5/10-17.3 rep.)
22 (305 ILCS 5/10-17.4 rep.)
23 (305 ILCS 5/10-17.5 rep.)
24 (305 ILCS 5/10-17.6 rep.)
25 (305 ILCS 5/10-17.7 rep.)
26 (305 ILCS 5/10-17.8 rep.)
27 (305 ILCS 5/10-17.9 rep.)
28 (305 ILCS 5/10-17.11 rep.)
29 (305 ILCS 5/10-18 rep.)
30 (305 ILCS 5/10-19 rep.)
31 (305 ILCS 5/10-20 rep.)
32 (305 ILCS 5/10-22 rep.)
33 (305 ILCS 5/10-23 rep.)
34 (305 ILCS 5/10-24 rep.)
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1 (305 ILCS 5/10-24.5 rep.)
2 (305 ILCS 5/10-24.30 rep.)
3 (305 ILCS 5/10-24.35 rep.)
4 (305 ILCS 5/10-24.40 rep.)
5 (305 ILCS 5/10-24.45 rep.)
6 (305 ILCS 5/10-24.50 rep.)
7 (305 ILCS 5/10-25 rep.)
8 (305 ILCS 5/10-25.5 rep.)
9 (305 ILCS 5/12-4.3 rep.)
10 Section 35. The Illinois Public Aid Code is amended by
11 repealing Sections 10-1 through 10-20, Sections 10-22 through
12 10-25.5, and Section 12-4.3.
13 Section 40. The Vital Records Act is amended by changing
14 Sections 12, 17, and 22 as follows:
15 (410 ILCS 535/12) (from Ch. 111 1/2, par. 73-12)
16 Sec. 12. Live births; place of registration.
17 (1) Each live birth which occurs in this State shall be
18 registered with the local or subregistrar of the district in
19 which the birth occurred as provided in this Section, within
20 7 days after the birth. When a birth occurs on a moving
21 conveyance, the city, village, township, or road district in
22 which the child is first removed from the conveyance shall be
23 considered the place of birth and a birth certificate shall
24 be filed in the registration district in which the place is
25 located.
26 (2) When a birth occurs in an institution, the person in
27 charge of the institution or his designated representative
28 shall obtain and record all the personal and statistical
29 particulars relative to the parents of the child that are
30 required to properly complete the live birth certificate;
31 shall secure the required personal signatures on the hospital
32 worksheet; shall prepare the certificate from this worksheet;
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1 and shall file the certificate with the local registrar. The
2 institution shall retain the hospital worksheet permanently
3 or as otherwise specified by rule. The physician in
4 attendance shall verify or provide the date of birth and
5 medical information required by the certificate, within 24
6 hours after the birth occurs.
7 (3) When a birth occurs outside an institution, the
8 certificate shall be prepared and filed by one of the
9 following in the indicated order of priority:
10 (a) The physician in attendance at or immediately
11 after the birth, or in the absence of such a person,
12 (b) Any other person in attendance at or
13 immediately after the birth, or in the absence of such a
14 person,
15 (c) The father, the mother, or in the absence of
16 the father and the inability of the mother, the person in
17 charge of the premises where the birth occurred.
18 (4) Unless otherwise provided in this Act, if the mother
19 was not married to the father of the child at either the time
20 of conception or the time of birth, the name of the father
21 shall be entered on the child's birth certificate only if the
22 mother and the person to be named as the father have signed
23 an acknowledgment of parentage in accordance with subsection
24 (5).
25 Unless otherwise provided in this Act, if the mother was
26 married at the time of conception or birth and the presumed
27 father (that is, the mother's husband) is not the biological
28 father of the child, the name of the biological father shall
29 be entered on the child's birth certificate only if, in
30 accordance with subsection (5), (i) the mother and the person
31 to be named as the father have signed an acknowledgment of
32 parentage and (ii) the mother and presumed father have signed
33 a denial of paternity.
34 (5) Upon the birth of a child to an unmarried woman, or
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1 upon the birth of a child to a woman who was married at the
2 time of conception or birth and whose husband is not the
3 biological father of the child, the institution immediately
4 before or after the at the time of birth and the local
5 registrar or county clerk after the birth shall do the
6 following:
7 (a) Provide (i) an opportunity for the child's
8 mother and father to sign an acknowledgment of parentage
9 and (ii) if the presumed father is not the biological
10 father, an opportunity for the mother and presumed father
11 to sign a denial of paternity. The signing and
12 witnessing of the acknowledgment of parentage or, if the
13 presumed father of the child is not the biological
14 father, the acknowledgment of parentage and denial of
15 paternity conclusively establishes a parent and child
16 relationship in accordance with Sections 5 and 6 of the
17 Illinois Parentage Act of 1984.
18 The Illinois Department of Public Aid shall furnish
19 the acknowledgment of parentage and denial of paternity
20 form to institutions, county clerks, and State and local
21 registrars' offices. The form shall include instructions
22 to send the original signed and witnessed acknowledgment
23 of parentage and denial of paternity to the Illinois
24 Department of Public Aid.
25 (b) Provide the following documents, furnished by
26 the Illinois Department of Public Aid, to the child's
27 mother, biological father, and (if the person presumed to
28 be the child's father is not the biological father)
29 presumed father for their review at the time the
30 opportunity is provided to establish a parent and child
31 relationship:
32 (i) An explanation of the implications of,
33 alternatives to, legal consequences of, and the
34 rights and responsibilities that arise from signing
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1 an acknowledgment of parentage and, if necessary, a
2 denial of paternity, including an explanation of the
3 parental rights and responsibilities of child
4 support, visitation, custody, retroactive support,
5 health insurance coverage, and payment of birth
6 expenses.
7 (ii) An explanation of the benefits of having
8 a child's parentage established and the availability
9 of parentage establishment and support enforcement
10 services.
11 (iii) A request for an application for child
12 support services from the Illinois Department of
13 Public Aid.
14 (iv) Instructions concerning the opportunity
15 to speak, either by telephone or in person, with
16 staff of the Illinois Department of Public Aid who
17 are trained to clarify information and answer
18 questions about paternity establishment.
19 (v) Instructions for completing and signing
20 the acknowledgment of parentage and denial of
21 paternity.
22 (c) Provide an oral explanation of the documents
23 and instructions set forth in subdivision (5)(b),
24 including an explanation of the implications of,
25 alternatives to, legal consequences of, and the rights
26 and responsibilities that arise from signing an
27 acknowledgment of parentage and, if necessary, a denial
28 of paternity.
29 (6) The institution, State or local registrar, or county
30 clerk shall provide an opportunity for the child's father or
31 mother to sign a rescission of parentage. The signing and
32 witnessing of the rescission of parentage voids the
33 acknowledgment of parentage and nullifies the presumption of
34 paternity if executed within the time frame contained in
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1 Section 5 of the Illinois Parentage Act of 1984. The Illinois
2 Department of Public Aid shall furnish the rescission of
3 parentage form to institutions, county clerks, and State and
4 local registrars' offices. The form shall include
5 instructions to send the original signed and witnessed
6 rescission of parentage to the Illinois Department of Public
7 Aid.
8 (7) An acknowledgment of paternity signed pursuant to
9 Section 6 of the Illinois Parentage Act of 1984 may be
10 challenged in court only on the basis of fraud, duress, or
11 material mistake of fact, with the burden of proof upon the
12 challenging party. Pending outcome of a challenge to the
13 acknowledgment of paternity, the legal responsibilities of
14 the signatories shall remain in full force and effect, except
15 upon order of the court upon a showing of good cause.
16 (8) When the process for acknowledgment of parentage as
17 provided for under subsection (5) establishes the paternity
18 of a child whose certificate of birth is on file in another
19 state, the Illinois Department of Public Aid shall forward a
20 copy of the acknowledgment of parentage, the denial of
21 paternity, if applicable, and the rescission of parentage, if
22 applicable, to the birth record agency of the state where the
23 child's certificate of birth is on file.
24 (Source: P.A. 89-641, eff. 8-9-96; 90-18, eff. 7-1-97)
25 (410 ILCS 535/17) (from Ch. 111 1/2, par. 73-17)
26 Sec. 17. (1) For a person born in this State, the State
27 Registrar of Vital Records shall establish a new certificate
28 of birth when he receives any of the following:
29 (a) A certificate of adoption as provided in
30 Section 16 or a certified copy of the order of adoption
31 together with the information necessary to identify the
32 original certificate of birth and to establish the new
33 certificate of birth; except that a new certificate of
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1 birth shall not be established if so requested by the
2 court ordering the adoption, the adoptive parents, or the
3 adopted person.
4 (b) A certificate of adoption or a certified copy
5 of the order of adoption entered in a court of competent
6 jurisdiction of any other state or country declaring
7 adopted a child born in the State of Illinois, together
8 with the information necessary to identify the original
9 certificate of birth and to establish the new certificate
10 of birth; except that a new certificate of birth shall
11 not be established if so requested by the court ordering
12 the adoption, the adoptive parents, or the adopted
13 person.
14 (c) A request that a new certificate be established
15 and such evidence as required by regulation proving that
16 such person has been legitimatized, or that the circuit
17 court, the Attorney General, the Illinois Department of
18 Public Aid, or a court or administrative agency of any
19 other state has established the paternity of such a
20 person by judicial or administrative processes or by
21 voluntary acknowledgment, which is accompanied by the
22 social security numbers of all persons determined and
23 presumed to be the parents.
24 (d) An affidavit by a physician that he has
25 performed an operation on a person, and that by reason of
26 the operation the sex designation on such person's birth
27 record should be changed. The State Registrar of Vital
28 Records may make any investigation or require any further
29 information he deems necessary.
30 Each request for a new certificate of birth shall be
31 accompanied by a fee of $15 and entitles the applicant to one
32 certification or certified copy of the new certificate. If
33 the request is for additional copies, it shall be accompanied
34 by a fee of $2 for each additional certification or certified
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1 copy.
2 (2) When a new certificate of birth is established, the
3 actual place and date of birth shall be shown; provided, in
4 the case of adoption of a person born in this State by
5 parents who were residents of this State at the time of the
6 birth of the adopted person, the place of birth may be shown
7 as the place of residence of the adoptive parents at the time
8 of such person's birth, if specifically requested by them,
9 and any new certificate of birth established prior to the
10 effective date of this amendatory Act may be corrected
11 accordingly if so requested by the adoptive parents or the
12 adopted person when of legal age. The social security numbers
13 of the parents shall not be recorded on the certificate of
14 birth. The social security numbers may only be used for
15 purposes allowed under federal law. The new certificate shall
16 be substituted for the original certificate of birth:
17 (a) Thereafter, the original certificate and the
18 evidence of adoption, paternity, legitimation, or sex
19 change shall not be subject to inspection or
20 certification except upon order of the circuit court or
21 as provided by regulation.
22 (b) Upon receipt of notice of annulment of
23 adoption, the original certificate of birth shall be
24 restored to its place in the files, and the new
25 certificate and evidence shall not be subject to
26 inspection or certification except upon order of the
27 circuit court.
28 (3) If no certificate of birth is on file for the person
29 for whom a new certificate is to be established under this
30 Section, a delayed record of birth shall be filed with the
31 State Registrar of Vital Records as provided in Section 14 or
32 Section 15 of this Act before a new certificate of birth is
33 established, except that when the date and place of birth and
34 parentage have been established in the adoption proceedings,
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1 a delayed record shall not be required.
2 (4) When a new certificate of birth is established by
3 the State Registrar of Vital Records, all copies of the
4 original certificate of birth in the custody of any custodian
5 of permanent local records in this State shall be transmitted
6 to the State Registrar of Vital Records as directed, and
7 shall be sealed from inspection.
8 (5) Nothing in this Section shall be construed to
9 prohibit the amendment of a birth certificate in accordance
10 with subsection (6) of Section 22.
11 (Source: P.A. 89-6, eff. 3-6-95; 89-257, eff. 1-1-96; 89-626,
12 eff. 8-9-96; 90-18, eff. 7-1-97.)
13 (410 ILCS 535/22) (from Ch. 111 1/2, par. 73-22)
14 Sec. 22. (1) A certificate or record filed under this
15 Act may be amended only in accordance with this Act and such
16 regulations as the Department may adopt to protect the
17 integrity of vital records. An application for an amendment
18 shall be accompanied by a fee of $15 which includes the
19 provision of one certification or certified copy of the
20 amended birth record. If the request is for additional
21 copies, it shall be accompanied by a fee of $2 for each
22 additional certification or certified copy. Such amendments
23 may only be made in connection with the original certificates
24 and may not be made on copies of such certificates without
25 the approval of the State Registrar of Vital Records. The
26 provisions of this Section shall also be applicable to a
27 certificate or record filed under any former Act relating to
28 the registration of births, stillbirths, and deaths. Any
29 original certificate or record filed with the county clerk
30 prior to January 1, 1916, may be amended by the county clerk
31 under the same provisions of this Section, or regulations
32 adopted pursuant thereto, as apply to the State Registrar of
33 Vital Records governing amendments to certificates or records
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1 filed with the Department subsequent to December 31, 1915.
2 (2) A certificate that is amended under this Section
3 after its filing shall have the correction entered on its
4 face; shall clearly indicate that an amendment has been made;
5 and shall show the date of the amendment. A summary
6 description of the evidence submitted in support of an
7 amendment shall be permanently retained by the Department
8 either as an original record or in microphotographic form.
9 Documents from which such summary descriptions are made may
10 be returned by the Department to the person or persons
11 submitting them. The Department shall prescribe by
12 regulation the conditions under which, within one year after
13 the date of occurrence, additions or minor corrections may be
14 made without the certificate being considered amended.
15 (3) An amendment to a delayed birth registration
16 established under the provisions of Section 15 of this Act
17 may be made by the State Registrar of Vital Records only upon
18 the basis of an order from the court which originally
19 established the facts of birth.
20 (4) Upon receipt of a certified copy of a court order
21 changing the name or names of a person born in this State,
22 the official custodian shall amend the original certificate
23 of birth to reflect the changes.
24 (5) (Blank).
25 (6) When the paternity of a child with a certificate of
26 birth on file in this State is established through voluntary
27 acknowledgment, by the Attorney General, or by a court or
28 administrative agency under the laws of this or any other
29 state, the State Registrar of Vital Records shall amend the
30 original record accordingly, upon notification from a circuit
31 court of this State, the Attorney General, or the Illinois
32 Department of Public Aid, or upon receipt of a certified copy
33 of another state's acknowledgment or judicial or
34 administrative determination of paternity.
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1 (7) Notwithstanding any other provision of this Act, if
2 an adopted person applies in accordance with this Section for
3 the amendment of the name on his or her birth certificate,
4 the State Registrar shall amend the birth certificate if the
5 person provides documentation or other evidence supporting
6 the application that would be deemed sufficient if the
7 documentation or evidence had been submitted in support of an
8 application by a person who has not been adopted.
9 (8) When paternity has been established after the birth
10 in accordance with Section 12, the State Registrar of Vital
11 Records shall amend the original record accordingly.
12 (9) Upon application by the parents not later than one
13 year after an acknowledgment of parentage under this Act, the
14 Attorney General Act, or the Illinois Public Aid Code or a
15 judicial or administrative determination or establishment of
16 paternity or parentage, the State Registrar of Vital Records
17 shall amend the child's name on the child's certificate of
18 birth in accordance with the application. No more than one
19 application to change a child's name may be made under this
20 subsection (9).
21 (10) When a certificate is amended by the State
22 Registrar of Vital Records under this Section, the State
23 Registrar of Vital Records shall furnish a copy of the
24 summary description to the custodian of any permanent local
25 records and such records shall be amended accordingly.
26 (Source: P.A. 89-6, eff. 3-6-95; 89-257, eff. 1-1-96; 89-626,
27 eff. 8-9-96; 89-641, eff. 8-9-96; 90-18, eff. 7-1-97.)
28 Section 41. The Fish and Aquatic Life Code is amended by
29 changing Section 20-105 as follows:
30 (515 ILCS 5/20-105) (from Ch. 56, par. 20-105)
31 Sec. 20-105. License revocation; refusal to issue.
32 (a) Whenever a license or permit is issued to any person
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1 under this Code and its holder is found guilty of any
2 misrepresentation in obtaining the license or permit or of a
3 violation of any of the provisions of this Code, including
4 administrative rules, the license or permit may be revoked by
5 the Department and the Department may refuse to issue any
6 permit or license to that person and may suspend the person
7 from engaging in the activity requiring the permit or license
8 for a period of time not to exceed 5 years following the
9 revocation. Department revocation procedure shall be
10 established by administrative rule.
11 (a-5) Whenever a license or permit is issued under this
12 Code to any person who owes overdue child support or who,
13 after receiving notice, fails to comply with a subpoena or
14 warrant relating to a paternity or child support proceeding,
15 the license or permit may be revoked by the Department and
16 the Department may refuse to issue a license or permit to
17 that person. A failure to comply with a subpoena or warrant
18 can be remedied by complying with the subpoena or warrant.
19 Department revocation procedures shall be established by
20 rule.
21 (b) Whenever any person who has not been issued a
22 license or a permit under the provisions of this Code is
23 found guilty of a violation of the provisions of this Code,
24 including administrative rules, the Department may refuse to
25 issue any permit or license to that person, and suspend that
26 person from engaging in the activity requiring the permit or
27 license for a period of time not to exceed 5 years.
28 (c) Any person who knowingly or intentionally violates
29 any of the provisions of this Code, including administrative
30 rules, during the 5 years following the revocation of his or
31 her license or permit under subsection (a) or during the time
32 he is suspended under subsection (b), shall be guilty of a
33 Class A misdemeanor as provided in Section 20-35.
34 (Source: P.A. 87-798; 87-833; 87-895.)
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1 Section 42. The Wildlife Code is amended by changing
2 Section 3.36 as follows:
3 (520 ILCS 5/3.36) (from Ch. 61, par. 3.36)
4 Sec. 3.36. (a) Whenever a license or permit is issued
5 to any person under this Act, and the holder thereof is found
6 guilty of any misrepresentation in obtaining such license or
7 permit or of a violation of any of the provisions of this
8 Act, including administrative rules, his license or permit
9 may be revoked by the Department, and the Department may
10 refuse to issue any permit or license to such person and may
11 suspend the person from engaging in the activity requiring
12 the permit or license for a period of time not to exceed 5
13 years following such revocation.
14 Department revocation procedures shall be established by
15 Administrative rule.
16 (a-5) Whenever a license or permit is issued under this
17 Code to any person who owes overdue child support or who,
18 after receiving notice, fails to comply with a subpoena or
19 warrant relating to a paternity or child support proceeding,
20 the license or permit may be revoked by the Department and
21 the Department may refuse to issue a license or permit to
22 that person. A failure to comply with a subpoena or warrant
23 can be remedied by complying with the subpoena or warrant.
24 Department revocation procedures shall be established by
25 rule.
26 (b) Whenever any person who has not been issued a
27 license or a permit under the provisions of this Code is
28 found guilty of a violation of the provisions of this Code,
29 including administrative rules, the Department may refuse to
30 issue any permit or license to that person, and suspend that
31 person from engaging in the activity requiring the permit or
32 license for a period of time not to exceed 5 years.
33 (c) Any person who knowingly or intentionally violates
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1 any of the provisions of this Act, including administrative
2 rules, during such period when his license or permit is
3 revoked or denied by virtue of this Section or during the
4 time he is suspended under subsection (b), shall be guilty of
5 a Class A misdemeanor.
6 (d) Licenses and permits authorized to be issued under
7 the provisions of this Act shall be prepared by the
8 Department and be in such form as prescribed by the
9 Department. The information required on each license shall be
10 completed thereon by the issuing agent or his sub-agent at
11 the time of issuance and each license shall be signed by the
12 licensee, or initialed by the designated purchaser and then
13 signed immediately upon receipt by the licensee, and
14 countersigned by the issuing agent or his sub-agent at the
15 time of issuance. All such licenses shall be supplied by the
16 Department, subject to such rules and regulations as the
17 Department may prescribe. Any license not properly prepared,
18 obtained and signed as required by this Act shall be void.
19 (Source: P.A. 90-225, eff. 7-25-97.)
20 Section 44. The Illinois Vehicle Code is amended by
21 changing Sections 7-701, 7-702, 7-702.1, 7-703, 7-704, 7-705,
22 7-706, 7-707, and 7-708 as follows:
23 (625 ILCS 5/7-701)
24 Sec. 7-701. Findings and purpose. The General Assembly
25 finds that the timely receipt of adequate financial support
26 has the effect of reducing poverty and State expenditures for
27 welfare dependency among children, and that the timely
28 payment of adequate child support demonstrates financial
29 responsibility. Further, the General Assembly finds that the
30 State has a compelling interest in ensuring that drivers
31 within the State demonstrate financial responsibility,
32 including family financial responsibility, in order to safely
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1 own and operate a motor vehicle. To this end, the Secretary
2 of State is authorized to establish a system to suspend
3 driver's licenses for failure to comply with court orders of
4 support and with subpoenas or warrants in paternity or child
5 support proceedings.
6 (Source: P.A. 89-92, eff. 7-1-96.)
7 (625 ILCS 5/7-702)
8 Sec. 7-702. Suspension of driver's license for failure
9 to pay child support or comply with certain subpoenas or
10 warrants. The Secretary of State shall suspend the driver's
11 license issued to an obligor upon receiving an authenticated
12 report provided for in Section 7-703, that the person (i) is
13 90 days or more delinquent in court ordered child support
14 payments or has been adjudicated in arrears in an amount
15 equal to 90 days obligation or more, and has been found in
16 contempt by the court for failure to pay the support or (ii)
17 has failed to comply with a subpoena or warrant in a
18 paternity or child support proceeding and has been found in
19 contempt by the court for failure to comply.
20 (Source: P.A. 89-92, eff. 7-1-96.)
21 (625 ILCS 5/7-702.1)
22 Sec. 7-702.1. Family financial responsibility driving
23 permits. Following the entry of an order that an obligor has
24 been found in contempt by the court for failure to pay court
25 ordered child support payments or to comply with a subpoena
26 or warrant in a paternity or child support proceeding, the
27 court may enter an order directing the Secretary of State to
28 issue a family financial responsibility driving permit for
29 the purpose of providing the obligor the privilege of
30 operating a motor vehicle between the obligor's residence and
31 place of employment, or within the scope of employment
32 related duties; or for the purpose of providing
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1 transportation for the obligor or a household member to
2 receive alcohol treatment, other drug treatment, or medical
3 care. The court may enter an order directing the issuance of
4 a permit only if the obligor has proven to the satisfaction
5 of the court that no alternative means of transportation are
6 reasonably available for the above stated purposes. No
7 permit shall be issued to a person under the age of 16 years
8 who possesses an instruction permit.
9 Upon entry of an order granting the issuance of a permit
10 to an obligor, the court shall report this finding to the
11 Secretary of State on a form prescribed by the Secretary.
12 This form shall state whether the permit has been granted for
13 employment or medical purposes and the specific days and
14 hours for which limited driving privileges have been granted.
15 The family financial responsibility driving permit shall
16 be subject to cancellation, invalidation, suspension, and
17 revocation by the Secretary of State in the same manner and
18 for the same reasons as a driver's license may be cancelled,
19 invalidated, suspended, or revoked.
20 The Secretary of State shall, upon receipt of a certified
21 court order from the court of jurisdiction, issue a family
22 financial responsibility driving permit. In order for this
23 permit to be issued, an individual's driving privileges must
24 be valid except for the family financial responsibility
25 suspension. This permit shall be valid only for employment
26 and medical purposes as set forth above. The permit shall
27 state the days and hours for which limited driving privileges
28 have been granted.
29 Any submitted court order that contains insufficient data
30 or fails to comply with any provision of this Code shall not
31 be used for issuance of the permit or entered to the
32 individual's driving record but shall be returned to the
33 court of jurisdiction indicating why the permit cannot be
34 issued at that time. The Secretary of State shall also send
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1 notice of the return of the court order to the individual
2 requesting the permit.
3 (Source: P.A. 89-92, eff. 7-1-96; 90-369, eff. 1-1-98.)
4 (625 ILCS 5/7-703)
5 Sec. 7-703. Courts to report non-payment of court
6 ordered support and noncompliance with certain subpoenas and
7 warrants. The clerk of the circuit court, as provided in
8 subsection (b) of Section 505 of the Illinois Marriage and
9 Dissolution of Marriage Act or as provided in Section 15 of
10 the Illinois Parentage Act of 1984, shall forward to the
11 Secretary of State, on a form prescribed by the Secretary, an
12 authenticated document certifying the court's order
13 suspending the driving privileges of the obligor. For any
14 such certification, the clerk of the court shall charge the
15 obligor a fee of $5 as provided in the Clerks of Courts Act.
16 (Source: P.A. 89-92, eff. 7-1-96; 89-626, eff. 8-9-96.)
17 (625 ILCS 5/7-704)
18 Sec. 7-704. Suspension to continue until compliance with
19 court order of support or with subpoena or warrant.
20 (a) The suspension of a driver's license shall remain in
21 effect unless and until the Secretary of State receives
22 authenticated documentation (i) that the obligor is in
23 compliance with a court order of support or that the order
24 has been stayed by a subsequent order of the court or (ii)
25 that the obligor is in compliance with the subpoena or
26 warrant in a paternity or child support proceeding. Full
27 driving privileges shall not be issued by the Secretary of
28 State until notification of compliance has been received from
29 the court. The circuit clerks shall report the obligor's
30 compliance with a court order of support or with a subpoena
31 or warrant to the Secretary of State, on a form prescribed by
32 the Secretary.
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1 (b) Whenever, after one suspension of an individual's
2 driver's license for failure to pay child support, another
3 order of non-payment is entered against the obligor and the
4 person fails to come into compliance with the court order of
5 support, then the Secretary shall again suspend the driver's
6 license of the individual and that suspension shall not be
7 removed unless the obligor is in full compliance with the
8 court order of support and has made full payment on all
9 arrearages.
10 (Source: P.A. 89-92, eff. 7-1-96.)
11 (625 ILCS 5/7-705)
12 Sec. 7-705. Notice. The Secretary of State, prior to
13 suspending a driver's license under this Chapter, shall serve
14 written notice upon an obligor that the individual's driver's
15 license will be suspended in 60 days from the date on the
16 notice unless the obligor satisfies the court order of
17 support or complies with the subpoena or warrant in a
18 paternity or child support proceeding and the circuit clerk
19 notifies the Secretary of State of this compliance.
20 (Source: P.A. 89-92, eff. 7-1-96.)
21 (625 ILCS 5/7-706)
22 Sec. 7-706. Administrative hearing. A driver may
23 contest this driver's license sanction by requesting an
24 administrative hearing in accordance with Section 2-118 of
25 this Code. If a written request for this hearing is received
26 prior to the effective date of the suspension, the suspension
27 shall be stayed. If a stay of the suspension is granted, it
28 shall remain in effect until a hearing decision is entered.
29 At the conclusion of this hearing, the Secretary of State may
30 rescind or impose the driver's license suspension. If the
31 suspension is upheld, it shall become effective 10 days from
32 the date the hearing decision is entered. If the decision is
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1 to rescind the suspension, no suspension of driving
2 privileges shall be entered. The scope of this hearing shall
3 be limited to the following issues:
4 (a) Whether the driver is the obligor covered by the
5 court order of support or the person to whom the subpoena or
6 warrant is directed.
7 (b) Whether the authenticated document of a court order
8 of support indicates that the obligor (i) is 90 days or more
9 delinquent or has been adjudicated in arrears in an amount
10 equal to 90 days obligation or more and has been found in
11 contempt of court for failure to pay child support or (ii)
12 has failed to comply with a subpoena or warrant in a
13 paternity or child support proceeding and has been found in
14 contempt by the court for failure to comply.
15 (c) Whether a superseding authenticated document of any
16 court order of support or of compliance with a subpoena or
17 warrant has been entered.
18 (Source: P.A. 89-92, eff. 7-1-96.)
19 (625 ILCS 5/7-707)
20 Sec. 7-707. Payment of reinstatement fee. Upon an
21 obligor's obligors receiving notice from the Secretary of
22 State that the suspension of driving privileges has been
23 terminated based upon receipt of notification from the
24 circuit clerk of the obligor's obligors compliance with a
25 court order of support or a subpoena or warrant, the obligor
26 shall pay a $30 reinstatement fee to the Secretary of State
27 as set forth in Section 6-118 of this Code. The fee shall be
28 deposited into the Family Responsibility Fund. In accordance
29 with subsection (e) of Section 6-115 of this Code, the
30 Secretary of State may decline to process a renewal of a
31 driver's license of a person who has not paid this fee.
32 (Source: P.A. 89-92, eff. 7-1-96.)
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1 (625 ILCS 5/7-708)
2 Sec. 7-708. Rules. The Secretary of State, using the
3 authority to license motor vehicle operators, may adopt such
4 rules as may be necessary to establish standards, policies,
5 and procedures for the suspension of driver's licenses for
6 non-compliance with a court order of support or with a
7 subpoena or warrant in a paternity or child support
8 proceeding.
9 (Source: P.A. 89-92, eff. 7-1-96.)
10 Section 45. The Attorney Act is amended by changing
11 Section 1 as follows:
12 (705 ILCS 205/1) (from Ch. 13, par. 1)
13 Sec. 1. No person shall be permitted to practice as an
14 attorney or counselor at law within this State without having
15 previously obtained a license for that purpose from the
16 Supreme Court of this State.
17 No person shall receive any compensation directly or
18 indirectly for any legal services other than a regularly
19 licensed attorney.
20 A license, as provided for herein, constitutes the person
21 receiving the same an attorney and counselor at law,
22 according to the law and customs thereof, for and during his
23 good behavior in the practice and authorizes him to demand
24 and receive fees for any services which he may render as an
25 attorney and counselor at law in this State. No person shall
26 be granted a license or renewal authorized by this Act who
27 has defaulted on an educational loan guaranteed by the
28 Illinois Student Assistance Commission; however, a license or
29 renewal may be issued to the aforementioned persons who have
30 established a satisfactory repayment record as determined by
31 the Illinois Student Assistance Commission. No person shall
32 be granted a license or renewal authorized by this Act who is
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1 more than 30 days delinquent in complying with a child
2 support order; a license or renewal may be issued, however,
3 if the person has established a satisfactory repayment record
4 as determined (i) by the Illinois Department of Public Aid
5 for cases being enforced under Article X of the Illinois
6 Public Aid Code or by the Attorney General for cases being
7 enforced under Sections 7.1 through 7.295 of the Attorney
8 General Act or (ii) in all other cases by order of court or
9 by written agreement between the custodial parent and
10 non-custodial parent. No person shall be refused a license
11 under this Act on account of sex.
12 Any person practicing, charging or receiving fees for
13 legal services within this State, either directly or
14 indirectly, without being licensed to practice as herein
15 required, is guilty of contempt of court and shall be
16 punished accordingly, upon complaint being filed in any
17 Circuit Court of this State. Such proceedings shall be
18 conducted in the Courts of the respective counties where the
19 alleged contempt has been committed in the same manner as in
20 cases of indirect contempt and with the right of review by
21 the parties thereto.
22 The provisions of this Act shall be in addition to other
23 remedies permitted by law and shall not be construed to
24 deprive courts of this State of their inherent right to
25 punish for contempt or to restrain the unauthorized practice
26 of law.
27 Nothing in this Act shall be construed to prohibit
28 representation of a party by a person who is not an attorney
29 in a proceeding before the Illinois State Labor Relations
30 Board or the Illinois Local Labor Relations Board under the
31 Illinois Public Labor Relations Act, as now or hereafter
32 amended, the Illinois Educational Labor Relations Board under
33 the Illinois Educational Labor Relations Act, as now or
34 hereafter amended, the State Civil Service Commission, the
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1 local Civil Service Commissions, or the University Civil
2 Service Merit Board, to the extent allowed pursuant to rules
3 and regulations promulgated by those Boards and Commissions.
4 (Source: P.A. 89-6, eff. 3-6-95.)
5 Section 50. The Illinois Marriage and Dissolution of
6 Marriage Act is amended by changing Sections 505, 505.1,
7 505.2, 507, 510, 516, 705, 706.1, 709, and 712 as follows:
8 (750 ILCS 5/505) (from Ch. 40, par. 505)
9 Sec. 505. Child support; contempt; penalties.
10 (a) In a proceeding for dissolution of marriage, legal
11 separation, declaration of invalidity of marriage, a
12 proceeding for child support following dissolution of the
13 marriage by a court which lacked personal jurisdiction over
14 the absent spouse, a proceeding for modification of a
15 previous order for child support under Section 510 of this
16 Act, or any proceeding authorized under Section 501 or 601 of
17 this Act, the court may order either or both parents owing a
18 duty of support to a child of the marriage to pay an amount
19 reasonable and necessary for his support, without regard to
20 marital misconduct. The duty of support owed to a minor
21 child includes the obligation to provide for the reasonable
22 and necessary physical, mental and emotional health needs of
23 the child.
24 (1) The Court shall determine the minimum amount of
25 support by using the following guidelines:
26 Number of Children Percent of Supporting Party's
27 Net Income
28 1 20%
29 2 25%
30 3 32%
31 4 40%
32 5 45%
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1 6 or more 50%
2 (2) The above guidelines shall be applied in each
3 case unless the court makes a finding that application of
4 the guidelines would be inappropriate, after considering
5 the best interests of the child in light of evidence
6 including but not limited to one or more of the following
7 relevant factors:
8 (a) the financial resources and needs of the
9 child;
10 (b) the financial resources and needs of the
11 custodial parent;
12 (c) the standard of living the child would
13 have enjoyed had the marriage not been dissolved;
14 (d) the physical and emotional condition of
15 the child, and his educational needs; and
16 (e) the financial resources and needs of the
17 non-custodial parent.
18 If the court deviates from the guidelines, the
19 court's finding shall state the amount of support that
20 would have been required under the guidelines, if
21 determinable. The court shall include the reason or
22 reasons for the variance from the guidelines.
23 (3) "Net income" is defined as the total of all
24 income from all sources, minus the following deductions:
25 (a) Federal income tax (properly calculated
26 withholding or estimated payments);
27 (b) State income tax (properly calculated
28 withholding or estimated payments);
29 (c) Social Security (FICA payments);
30 (d) Mandatory retirement contributions
31 required by law or as a condition of employment;
32 (e) Union dues;
33 (f) Dependent and individual
34 health/hospitalization insurance premiums;
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1 (g) Prior obligations of support or
2 maintenance actually paid pursuant to a court order;
3 (h) Expenditures for repayment of debts that
4 represent reasonable and necessary expenses for the
5 production of income, medical expenditures necessary
6 to preserve life or health, reasonable expenditures
7 for the benefit of the child and the other parent,
8 exclusive of gifts. The court shall reduce net
9 income in determining the minimum amount of support
10 to be ordered only for the period that such payments
11 are due and shall enter an order containing
12 provisions for its self-executing modification upon
13 termination of such payment period.
14 (4) In cases where the court order provides for
15 health/hospitalization insurance coverage pursuant to
16 Section 505.2 of this Act, the premiums for that
17 insurance, or that portion of the premiums for which the
18 supporting party is responsible in the case of insurance
19 provided through an employer's health insurance plan
20 where the employer pays a portion of the premiums, shall
21 be subtracted from net income in determining the minimum
22 amount of support to be ordered.
23 (4.5) In a proceeding for child support following
24 dissolution of the marriage by a court that lacked
25 personal jurisdiction over the absent spouse, and in
26 which the court is requiring payment of support for the
27 period before the date an order for current support is
28 entered, there is a rebuttable presumption that the
29 supporting party's net income for the prior period was
30 the same as his or her net income at the time the order
31 for current support is entered.
32 (5) If the net income cannot be determined because
33 of default or any other reason, the court shall order
34 support in an amount considered reasonable in the
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1 particular case. The final order in all cases shall
2 state the support level in dollar amounts.
3 (b) Failure of either parent to comply with an order to
4 pay support or a subpoena or warrant in a paternity or child
5 support proceeding shall be punishable as in other cases of
6 contempt. In addition to other penalties provided by law the
7 Court may, after finding the parent guilty of contempt, order
8 that the parent be:
9 (1) placed on probation with such conditions of
10 probation as the Court deems advisable;
11 (2) sentenced to periodic imprisonment for a period
12 not to exceed 6 months; provided, however, that the Court
13 may permit the parent to be released for periods of time
14 during the day or night to:
15 (A) work; or
16 (B) conduct a business or other self-employed
17 occupation.
18 The Court may further order any part or all of the
19 earnings of a parent during a sentence of periodic
20 imprisonment paid to the Clerk of the Circuit Court or to the
21 parent having custody or to the guardian having custody of
22 the minor children of the sentenced parent for the support of
23 said minor children until further order of the Court.
24 If there is a unity of interest and ownership sufficient
25 to render no financial separation between a non-custodial
26 parent and another person or persons or business entity, the
27 court may pierce the ownership veil of the person, persons,
28 or business entity to discover assets of the non-custodial
29 parent held in the name of that person, those persons, or
30 that business entity. The following circumstances are
31 sufficient to authorize a court to order discovery of the
32 assets of a person, persons, or business entity and to compel
33 the application of any discovered assets toward payment on
34 the judgment for support:
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1 (1) the non-custodial parent and the person,
2 persons, or business entity maintain records together.
3 (2) the non-custodial parent and the person,
4 persons, or business entity fail to maintain an arms
5 length relationship between themselves with regard to any
6 assets.
7 (3) the non-custodial parent transfers assets to
8 the person, persons, or business entity with the intent
9 to perpetrate a fraud on the custodial parent.
10 With respect to assets which are real property, no order
11 entered under this paragraph shall affect the rights of bona
12 fide purchasers, mortgagees, judgment creditors, or other
13 lien holders who acquire their interests in the property
14 prior to the time a notice of lis pendens pursuant to the
15 Code of Civil Procedure or a copy of the order is placed of
16 record in the office of the recorder of deeds for the county
17 in which the real property is located.
18 The court may also order in cases where the parent is 90
19 days or more delinquent in payment of support, or has been
20 adjudicated in arrears in an amount equal to 90 days
21 obligation or more, or has failed to comply with a subpoena
22 or warrant in a paternity or child support proceeding that
23 the parent's Illinois driving privileges be suspended until
24 the court determines that the parent is in compliance with
25 the order of support or subpoena or warrant. The court may
26 also order that the parent be issued a family financial
27 responsibility driving permit that would allow limited
28 driving privileges for employment and medical purposes in
29 accordance with Section 7-702.1 of the Illinois Vehicle Code.
30 The clerk of the circuit court shall certify the order
31 suspending the driving privileges of the parent or granting
32 the issuance of a family financial responsibility driving
33 permit to the Secretary of State on forms prescribed by the
34 Secretary. Upon receipt of the authenticated documents, the
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1 Secretary of State shall suspend the parent's driving
2 privileges until further order of the court and shall, if
3 ordered by the court, subject to the provisions of Section
4 7-702.1 of the Illinois Vehicle Code, issue a family
5 financial responsibility driving permit to the parent.
6 (c) A one-time charge of 20% is imposable upon the
7 amount of past-due child support owed on July 1, 1988 which
8 has accrued under a support order entered by the court. The
9 charge shall be imposed in accordance with the provisions of
10 Section 10-21 of the Illinois Public Aid Code and shall be
11 enforced by the court upon petition. On and after the
12 effective date of this amendatory Act of 1997, the Attorney
13 General may collect, on behalf of the Illinois Department of
14 Public Aid, any charge imposed in accordance with this
15 subsection. Nothing in this amendatory Act of 1997 shall be
16 construed to affect the validity of any charge imposed in
17 accordance with this subsection.
18 (d) Any new or existing support order entered by the
19 court under this Section shall be deemed to be a series of
20 judgments against the person obligated to pay support
21 thereunder, each such judgment to be in the amount of each
22 payment or installment of support and each such judgment to
23 be deemed entered as of the date the corresponding payment or
24 installment becomes due under the terms of the support order.
25 Each such judgment shall have the full force, effect and
26 attributes of any other judgment of this State, including the
27 ability to be enforced. A lien arises by operation of law
28 against the real and personal property of the noncustodial
29 parent for each installment of overdue support owed by the
30 noncustodial parent.
31 (e) When child support is to be paid through the clerk
32 of the court in a county of 1,000,000 inhabitants or less,
33 the order shall direct the obligor to pay to the clerk, in
34 addition to the child support payments, all fees imposed by
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1 the county board under paragraph (3) of subsection (u) of
2 Section 27.1 of the Clerks of Courts Act. Unless paid in
3 cash or pursuant to an order for withholding, the payment of
4 the fee shall be by a separate instrument from the support
5 payment and shall be made to the order of the Clerk.
6 (f) All orders for support, when entered or modified,
7 shall include a provision requiring the obligor to notify the
8 court and, in cases in which a party is receiving child and
9 spouse services under Article X of the Illinois Public Aid
10 Code or under Section 7.1 through 7.295 of the Attorney
11 General Act, the Illinois Department of Public Aid (before
12 the effective date of this amendatory Act of 1997) or the
13 Attorney General (on and after that date), within 7 days, (i)
14 of the name and address of any new employer of the obligor,
15 (ii) whether the obligor has access to health insurance
16 coverage through the employer or other group coverage and, if
17 so, the policy name and number and the names of persons
18 covered under the policy, and (iii) of any new residential or
19 mailing address or telephone number of the non-custodial
20 parent. In any subsequent action to enforce a support order,
21 upon a sufficient showing that a diligent effort has been
22 made to ascertain the location of the non-custodial parent,
23 service of process or provision of notice necessary in the
24 case may be made at the last known address of the
25 non-custodial parent in any manner expressly provided by the
26 Code of Civil Procedure or this Act, which service shall be
27 sufficient for purposes of due process.
28 (g) An order for support shall include a date on which
29 the current support obligation terminates. The termination
30 date shall be no earlier than the date on which the child
31 covered by the order will attain the age of majority or is
32 otherwise emancipated. The order for support shall state that
33 the termination date does not apply to any arrearage that may
34 remain unpaid on that date. Nothing in this subsection shall
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1 be construed to prevent the court from modifying the order.
2 (Source: P.A. 89-88, eff. 6-30-95; 89-92, eff. 7-1-96;
3 89-626, eff. 8-9-96; 90-18, eff. 7-1-97; 90-476, eff. 1-1-98;
4 revised 10-7-97.)
5 (750 ILCS 5/505.1) (from Ch. 40, par. 505.1)
6 Sec. 505.1. (a) Whenever it is determined in a
7 proceeding to establish or enforce a child support or
8 maintenance obligation that the person owing a duty of
9 support is unemployed, the court may order the person to seek
10 employment and report periodically to the court with a diary,
11 listing or other memorandum of his or her efforts in
12 accordance with such order. Additionally, the court may order
13 the unemployed person to report to the Department of
14 Employment Security for job search services or to make
15 application with the local Jobs Training Partnership Act
16 provider for participation in job search, training or work
17 programs and where the duty of support is owed to a child
18 receiving support services under Article X of the Illinois
19 Public Aid Code or Sections 7.1 through 7.295 of the Attorney
20 General Act, as amended, the court may order the unemployed
21 person to report to the Illinois Department of Human Services
22 Public Aid for participation in job search, training or work
23 programs established under Section 9-6 and Article IXA of the
24 Illinois Public Aid that Code.
25 (b) Whenever it is determined that a person owes
26 past-due support for a child or for a child and the parent
27 with whom the child is living, and the child is receiving
28 assistance under the Illinois Public Aid Code, the court
29 shall order at the request of the Illinois Department of
30 Public Aid (before the effective date of this amendatory Act
31 of 1997) or the Attorney General (on and after that date):
32 (1) that the person pay the past-due support in
33 accordance with a plan approved by the court; or
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1 (2) if the person owing past-due support is
2 unemployed, is subject to such a plan, and is not
3 incapacitated, that the person participate in such job
4 search, training, or work programs established under
5 Section 9-6 and Article IXA of the Illinois Public Aid
6 Code as the court deems appropriate.
7 (Source: P.A. 90-18, eff. 7-1-97.)
8 (750 ILCS 5/505.2) (from Ch. 40, par. 505.2)
9 Sec. 505.2. Health insurance.
10 (a) Definitions. As used in this Section:
11 (1) "Obligee" means the individual to whom the duty
12 of support is owed or the individual's legal
13 representative.
14 (2) "Obligor" means the individual who owes a duty
15 of support pursuant to an order for support.
16 (3) "Public office" means any elected official or
17 any State or local agency which is or may become
18 responsible by law for enforcement of, or which is or may
19 become authorized to enforce, an order for support,
20 including, but not limited to: the Attorney General, the
21 Illinois Department of Public Aid, the Illinois
22 Department of Human Services, the Illinois Department of
23 Children and Family Services, and the various State's
24 Attorneys, Clerks of the Circuit Court and supervisors of
25 general assistance.
26 (b) Order.
27 (1) Whenever the court establishes, modifies or
28 enforces an order for child support or for child support
29 and maintenance the court shall include in the order a
30 provision for the health care coverage of the child which
31 shall, upon request of the obligee or Public Office,
32 require that any child covered by the order be named as a
33 beneficiary of any health insurance plan that is
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1 available to the obligor through an employer or labor
2 union or trade union. If the court finds that such a
3 plan is not available to the obligor, or that the plan is
4 not accessible to the obligee, the court may, upon
5 request of the obligee or Public Office, order the
6 obligor to name the child covered by the order as a
7 beneficiary of any health insurance plan that is
8 available to the obligor on a group basis, or as a
9 beneficiary of an independent health insurance plan to be
10 obtained by the obligor, after considering the following
11 factors:
12 (A) the medical needs of the child;
13 (B) the availability of a plan to meet those
14 needs; and
15 (C) the cost of such a plan to the obligor.
16 (2) If the employer or labor union or trade union
17 offers more than one plan, the order shall require the
18 obligor to name the child as a beneficiary of the plan in
19 which the obligor is enrolled.
20 (2.5) If the obligor changes employment and the new
21 employer provides a health insurance plan, the Public
22 Office shall transfer notice of the order to the new
23 employer. The notice shall operate to enroll the child
24 in the health insurance plan that is available to the
25 obligor unless the obligor contests the notice.
26 (3) Nothing in this Section shall be construed to
27 limit the authority of the court to establish or modify a
28 support order to provide for payment of expenses,
29 including deductibles, copayments and any other health
30 expenses, which are in addition to expenses covered by an
31 insurance plan of which a child is ordered to be named a
32 beneficiary pursuant to this Section.
33 (c) Implementation and enforcement.
34 (1) When the court order requires that a minor
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1 child be named as a beneficiary of a health insurance
2 plan, other than a health insurance plan available
3 through an employer or labor union or trade union, the
4 obligor shall provide written proof to the obligee or
5 Public Office that the required insurance has been
6 obtained, or that application for insurability has been
7 made, within 30 days of receiving notice of the court
8 order. Unless the obligor was present in court when the
9 order was issued, notice of the order shall be given
10 pursuant to Illinois Supreme Court Rules. If an obligor
11 fails to provide the required proof, he may be held in
12 contempt of court.
13 (2) When the court requires that a minor child be
14 named as a beneficiary of a health insurance plan
15 available through an employer or labor union or trade
16 union, the court's order shall be implemented in
17 accordance with Section 706.1, as now or hereafter
18 amended.
19 (d) Failure to maintain insurance. The dollar amount of
20 the premiums for court-ordered health insurance, or that
21 portion of the premiums for which the obligor is responsible
22 in the case of insurance provided under a group health
23 insurance plan through an employer or labor union or trade
24 union where the employer or labor union or trade union pays a
25 portion of the premiums, shall be considered an additional
26 child support obligation owed by the obligor. Whenever the
27 obligor fails to provide or maintain health insurance
28 pursuant to an order for support, the obligor shall be liable
29 to the obligee for the dollar amount of the premiums which
30 were not paid, and shall also be liable for all medical
31 expenses incurred by the minor child which would have been
32 paid or reimbursed by the health insurance which the obligor
33 was ordered to provide or maintain. In addition, the obligee
34 may petition the court to modify the order based solely on
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1 the obligor's failure to pay the premiums for court-ordered
2 health insurance.
3 (e) Authorization for payment. The signature of the
4 obligee is a valid authorization to the insurer to process a
5 claim for payment under the insurance plan to the provider of
6 the health care services or to the obligee.
7 (f) Disclosure of information. The obligor's employer
8 or labor union or trade union shall disclose to the obligee
9 or Public Office, upon request, information concerning any
10 dependent coverage plans which would be made available to a
11 new employee or labor union member or trade union member.
12 The employer or labor union or trade union shall disclose
13 such information whether or not a court order for medical
14 support has been entered.
15 (g) Employer obligations. If a parent is required by an
16 order for support to provide coverage for a child's health
17 care expenses and if that coverage is available to the parent
18 through an employer who does business in this State, the
19 employer must do all of the following upon receipt of a copy
20 of the order of support or order for withholding:
21 (1) The employer shall, upon the parent's request,
22 permit the parent to include in that coverage a child who
23 is otherwise eligible for that coverage, without regard
24 to any enrollment season restrictions that might
25 otherwise be applicable as to the time period within
26 which the child may be added to that coverage.
27 (2) If the parent has health care coverage through
28 the employer but fails to apply for coverage of the
29 child, the employer shall include the child in the
30 parent's coverage upon application by the child's other
31 parent or the Illinois Department of Public Aid.
32 (3) The employer may not eliminate any child from
33 the parent's health care coverage unless the employee is
34 no longer employed by the employer and no longer covered
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1 under the employer's group health plan or unless the
2 employer is provided with satisfactory written evidence
3 of either of the following:
4 (A) The order for support is no longer in
5 effect.
6 (B) The child is or will be included in a
7 comparable health care plan obtained by the parent
8 under such order that is currently in effect or will
9 take effect no later than the date the prior
10 coverage is terminated.
11 The employer may eliminate a child from a parent's
12 health care plan obtained by the parent under such order
13 if the employer has eliminated dependent health care
14 coverage for all of its employees.
15 (Source: P.A. 89-183, eff. 1-1-96; 89-507, eff. 7-1-97;
16 89-626, eff. 8-9-96; 90-18, eff. 7-1-97.)
17 (750 ILCS 5/507) (from Ch. 40, par. 507)
18 Sec. 507. Payment of maintenance or support to court.
19 (a) In actions instituted under this Act, the court
20 shall order that maintenance and support payments be made to
21 the clerk of court as trustee for remittance to the person
22 entitled to receive the payments. However, the court in its
23 discretion may direct otherwise where circumstances so
24 warrant.
25 In cases in which a party is receiving child and spouse
26 support services under Article X of the Illinois Public Aid
27 Code or under Sections 7.1 through 7.295 of the Attorney
28 General Act and the order for support provides that child
29 support payments be made to the obligee, the Illinois
30 Department of Public Aid (before the effective date of this
31 amendatory Act of 1997) or the Attorney General (on and after
32 that date) may provide notice to the obligor and the
33 obligor's payor, when income withholding is in effect under
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1 Section 706.1 of this Act, to make all payments after receipt
2 of the Department's or Attorney General's notice to the clerk
3 of the court until further notice by the Department or the
4 Attorney General or order of the court. Copies of the notice
5 shall be provided to the obligee and the clerk. The clerk's
6 copy shall contain a proof of service on the obligor and the
7 obligor's payor, where applicable. The clerk shall file the
8 clerk's copy of the notice in the court file. The notice to
9 the obligor and the payor, if applicable, may be sent by
10 ordinary mail, certified mail, return receipt requested,
11 facsimile transmission, or other electronic process, or may
12 be served upon the obligor or payor using any method provided
13 by law for service of a summons. An obligor who fails to
14 comply with a notice provided under this paragraph is guilty
15 of a Class B misdemeanor. A payor who fails to comply with a
16 notice provided under this paragraph is guilty of a business
17 offense and subject to a fine of up to $1,000.
18 Upon notification in writing or by electronic
19 transmission from the Illinois Department of Public Aid
20 (before the effective date of this amendatory Act of 1997) or
21 the Attorney General (on and after that date) to the clerk of
22 the court that a person who is receiving support payments
23 under this Section is receiving services under the Child
24 Support Enforcement Program established by Title IV-D of the
25 Social Security Act, any support payments subsequently
26 received by the clerk of the court shall be transmitted in
27 accordance with the instructions of the Illinois Department
28 of Public Aid or the Attorney General until the Department or
29 the Attorney General gives notice to the clerk of the court
30 to cease the transmittal. After providing the notification
31 authorized under this paragraph, the Illinois Department of
32 Public Aid (before the effective date of this amendatory Act
33 of 1997) or the Attorney General (on and after that date)
34 shall be entitled as a party to notice of any further
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1 proceedings in the case. The clerk of the court shall file a
2 copy of the Illinois Department of Public Aid's or Attorney
3 General's notification in the court file. The failure of the
4 clerk to file a copy of the notification in the court file
5 shall not, however, affect the Illinois Department of Public
6 Aid's or Attorney General's right to receive notice of
7 further proceedings.
8 (b) The clerk of court shall maintain records listing
9 the amount of payments, the date payments are required to be
10 made and the names and addresses of the parties affected by
11 the order. For those cases in which support is payable to the
12 clerk of the circuit court for transmittal to the Illinois
13 Department of Public Aid by order of the court or upon
14 notification of the Illinois Department of Public Aid or the
15 Attorney General, and the Illinois Department of Public Aid
16 or the Attorney General collects support by assignment,
17 offset, withholding, deduction or other process permitted by
18 law, the Illinois Department or the Attorney General, as the
19 case may be, shall notify the clerk of the date and amount of
20 such collection. Upon notification, the clerk shall record
21 the collection on the payment record for the case.
22 (c) The parties affected by the order shall inform the
23 clerk of court of any change of address or of other condition
24 that may affect the administration of the order.
25 (d) The provisions of this Section shall not apply to
26 cases that come under the provisions of Sections 709 through
27 712.
28 (Source: P.A. 90-18, eff. 7-1-97.)
29 (750 ILCS 5/510) (from Ch. 40, par. 510)
30 Sec. 510. Modification and termination of provisions for
31 maintenance, support, educational expenses, and property
32 disposition.
33 (a) Except as otherwise provided in paragraph (f) of
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1 Section 502 and in subsection (d), clause (3) of Section
2 505.2, the provisions of any judgment respecting maintenance
3 or support may be modified only as to installments accruing
4 subsequent to due notice by the moving party of the filing of
5 the motion for modification and, with respect to maintenance,
6 only upon a showing of a substantial change in circumstances.
7 An order for child support may be modified as follows:
8 (1) upon a showing of a substantial change in
9 circumstances; and
10 (2) without the necessity of showing a substantial
11 change in circumstances, as follows:
12 (A) upon a showing of an inconsistency of at
13 least 20%, but no less than $10 per month, between
14 the amount of the existing order and the amount of
15 child support that results from application of the
16 guidelines specified in Section 505 of this Act
17 unless the inconsistency is due to the fact that the
18 amount of the existing order resulted from a
19 deviation from the guideline amount and there has
20 not been a change in the circumstances that resulted
21 in that deviation; or
22 (B) Upon a showing of a need to provide for
23 the health care needs of the child under the order
24 through health insurance or other means. In no
25 event shall the eligibility for or receipt of
26 medical assistance be considered to meet the need to
27 provide for the child's health care needs.
28 The provisions of subparagraph (a)(2)(A) shall apply only
29 in cases in which a party is receiving child and spouse
30 support services from the Illinois Department of Public Aid
31 under Article X of the Illinois Public Aid Code or from the
32 Attorney General under Sections 7.1 through 7.295 of the
33 Attorney General Act, and only when at least 36 months have
34 elapsed since the order for child support was entered or last
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1 modified.
2 (b) The provisions as to property disposition may not be
3 revoked or modified, unless the court finds the existence of
4 conditions that justify the reopening of a judgment under the
5 laws of this State.
6 (c) Unless otherwise agreed by the parties in a written
7 agreement set forth in the judgment or otherwise approved by
8 the court, the obligation to pay future maintenance is
9 terminated upon the death of either party, or the remarriage
10 of the party receiving maintenance, or if the party receiving
11 maintenance cohabits with another person on a resident,
12 continuing conjugal basis.
13 (d) Unless otherwise agreed in writing or expressly
14 provided in a judgment, provisions for the support of a child
15 are terminated by emancipation of the child, except as
16 otherwise provided herein, but not by the death of a parent
17 obligated to support or educate the child. An existing
18 obligation to pay for support or educational expenses, or
19 both, is not terminated by the death of a parent. When a
20 parent obligated to pay support or educational expenses, or
21 both, dies, the amount of support or educational expenses, or
22 both, may be enforced, modified, revoked or commuted to a
23 lump sum payment, as equity may require, and that
24 determination may be provided for at the time of the
25 dissolution of the marriage or thereafter.
26 (e) The right to petition for support or educational
27 expenses, or both, under Sections 505 and 513 is not
28 extinguished by the death of a parent. Upon a petition filed
29 before or after a parent's death, the court may award sums of
30 money out of the decedent's estate for the child's support or
31 educational expenses, or both, as equity may require. The
32 time within which a claim may be filed against the estate of
33 a decedent under Sections 505 and 513 and subsection (d) and
34 this subsection shall be governed by the provisions of the
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1 Probate Act of 1975, as a barrable, noncontingent claim.
2 (Source: P.A. 87-714; 88-42; 88-307; 88-670, eff. 12-2-94.)
3 (750 ILCS 5/516) (from Ch. 40, par. 516)
4 Sec. 516. Public Aid Collection fee.
5 (a) In all cases instituted before the effective date of
6 this amendatory Act of 1997 by the Illinois Department of
7 Public Aid on behalf of a child or spouse, other than one
8 receiving a grant of financial aid under Article IV of The
9 Illinois Public Aid Code, on whose behalf an application has
10 been made and approved for support services as provided by
11 Section 10-1 of that Code, the court shall impose a
12 collection fee on the individual who owes a child or spouse
13 support obligation in an amount equal to 10% of the amount so
14 owed as long as such collection is required by federal law,
15 which fee shall be in addition to the support obligation.
16 The imposition of such fee shall be in accordance with
17 provisions of Title IV, Part D, of the Social Security Act
18 and regulations duly promulgated thereunder. The fee shall
19 be payable to the clerk of the circuit court for transmittal
20 to the Illinois Department of Public Aid and shall continue
21 until support services are terminated by that Department,
22 except as otherwise provided in this subsection.
23 If a collection fee is imposed under this subsection and
24 if, on or after the effective date of this amendatory Act of
25 1997, the child or spouse receives support services under
26 Section 7.5 of the Attorney General Act, the fee shall be
27 payable to the clerk of the circuit court for transmittal to
28 the Attorney General and shall continue until support
29 services are terminated by the Attorney General. Nothing in
30 this amendatory Act of 1997 shall be construed to affect the
31 validity of any collection fee imposed in accordance with the
32 first paragraph of this subsection.
33 (b) In all cases instituted on or after the effective
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1 date of this amendatory Act of 1997 by the Attorney General
2 on behalf of a child or spouse, other than one receiving a
3 grant of financial aid under Article IV of the Illinois
4 Public Aid Code, on whose behalf an application has been made
5 and approved for support services as provided by Section 7.5
6 of the Attorney General Act, the court shall impose a
7 collection fee on the individual who owes a child or spouse
8 support obligation in an amount equal to 10% of the amount so
9 owed as long as such collection is required by federal law,
10 which fee shall be in addition to the support obligation.
11 The imposition of such fee shall be in accordance with
12 provisions of Title IV, Part D, of the Social Security Act
13 and regulations duly promulgated thereunder. The fee shall
14 be payable to the clerk of the circuit court for transmittal
15 to the Attorney General and shall continue until support
16 services are terminated by the Attorney General.
17 (Source: P.A. 82-979.)
18 (750 ILCS 5/705) (from Ch. 40, par. 705)
19 Sec. 705. Support payments; receiving and disbursing
20 agents.
21 (1) The provisions of this Section shall apply, except
22 as provided in Sections 709 through 712.
23 (2) In a dissolution of marriage action filed in a
24 county of less than 3 million population in which an order or
25 judgment for child support is entered, and in supplementary
26 proceedings in any such county to enforce or vary the terms
27 of such order or judgment arising out of an action for
28 dissolution of marriage filed in such county, the court,
29 except as it otherwise orders, under subsection (4) of this
30 Section, may direct that child support payments be made to
31 the clerk of the court.
32 (3) In a dissolution of marriage action filed in any
33 county of 3 million or more population in which an order or
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1 judgment for child support is entered, and in supplementary
2 proceedings in any such county to enforce or vary the terms
3 of such order or judgment arising out of an action for
4 dissolution of marriage filed in such county, the court,
5 except as it otherwise orders under subsection (4) of this
6 Section, may direct that child support payments be made
7 either to the clerk of the court or to the Court Service
8 Division of the County Department of Public Aid. After the
9 effective date of this Act, the court, except as it otherwise
10 orders under subsection (4) of this Section, may direct that
11 child support payments be made either to the clerk of the
12 court, the Attorney General, or to the Illinois Department
13 of Public Aid.
14 (4) In a dissolution of marriage action or supplementary
15 proceedings involving maintenance or child support payments,
16 or both, to persons who are recipients of aid under the
17 Illinois Public Aid Code, the court shall direct that such
18 payments be made to (a) the Attorney General Illinois
19 Department of Public Aid if the persons are recipients under
20 Articles III, IV, or V of the Code, or (b) the local
21 governmental unit responsible for their support if they are
22 recipients under Articles VI or VII of the Code. In
23 accordance with federal law and regulations, the Illinois
24 Department of Public Aid or the Attorney General may continue
25 to collect current maintenance payments or child support
26 payments, or both, after those persons cease to receive
27 public assistance and until termination of services under
28 Article X of the Illinois Public Aid Code or under Sections
29 7.1 through 7.295 of the Attorney General Act. The Illinois
30 Department of Public Aid or the Attorney General shall pay
31 the net amount collected to those persons after deducting any
32 costs incurred in making the collection or any collection fee
33 from the amount of any recovery made. The order shall permit
34 the Illinois Department of Public Aid, or the Attorney
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1 General, or the local governmental unit, as the case may be,
2 to direct that payments be made directly to the former
3 spouse, the children, or both, or to some person or agency in
4 their behalf, upon removal of the former spouse or children
5 from the public aid rolls or upon termination of services
6 under Article X of the Illinois Public Aid Code or under
7 Sections 7.1 through 7.295 of the Attorney General Act; and
8 upon such direction, the Illinois Department, Attorney
9 General, or local governmental unit, as the case requires,
10 shall give notice of such action to the court in writing or
11 by electronic transmission.
12 (5) All clerks of the court and the Court Service
13 Division of a County Department of Public Aid and, after the
14 effective date of this Act, all clerks of the court, the
15 Attorney General, and the Illinois Department of Public Aid,
16 receiving child support payments under subsections (2) and
17 (3) of this Section shall disburse the payments to the person
18 or persons entitled thereto under the terms of the order or
19 judgment. They shall establish and maintain current records
20 of all moneys received and disbursed and of defaults and
21 delinquencies in required payments. The court, by order or
22 rule, shall make provision for the carrying out of these
23 duties.
24 In cases in which a party is receiving child and spouse
25 support services under Article X of the Illinois Public Aid
26 Code or under Sections 7.1 through 7.295 of the Attorney
27 General Act and the order for support provides that child
28 support payments be made to the obligee, the Illinois
29 Department of Public Aid (before the effective date of this
30 amendatory Act of 1997) or the Attorney General (on and after
31 that date) may provide notice to the obligor and the
32 obligor's payor, when income withholding is in effect under
33 Section 706.1 of this Act, to make all payments after receipt
34 of the Department's or Attorney General's notice to the clerk
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1 of the court until further notice by the Department or the
2 Attorney General or order of the court. Copies of the notice
3 shall be provided to the obligee and the clerk. The clerk's
4 copy shall contain a proof of service on the obligor and the
5 obligor's payor, where applicable. The clerk shall file the
6 clerk's copy of the notice in the court file. The notice to
7 the obligor and the payor, if applicable, may be sent by
8 ordinary mail, certified mail, return receipt requested,
9 facsimile transmission, or other electronic process, or may
10 be served upon the obligor or payor using any method provided
11 by law for service of a summons. An obligor who fails to
12 comply with a notice provided under this paragraph is guilty
13 of a Class B misdemeanor. A payor who fails to comply with a
14 notice provided under this paragraph is guilty of a business
15 offense and subject to a fine of up to $1,000.
16 Upon notification in writing or by electronic
17 transmission from the Illinois Department of Public Aid
18 (before the effective date of this amendatory Act of 1997) or
19 the Attorney General (on and after that date) to the clerk of
20 the court that a person who is receiving support payments
21 under this Section is receiving services under the Child
22 Support Enforcement Program established by Title IV-D of the
23 Social Security Act, any support payments subsequently
24 received by the clerk of the court shall be transmitted in
25 accordance with the instructions of the Illinois Department
26 of Public Aid or the Attorney General until the Department or
27 the Attorney General gives notice to the clerk of the court
28 to cease the transmittal. After providing the notification
29 authorized under this paragraph, the Illinois Department of
30 Public Aid (before the effective date of this amendatory Act
31 of 1997) or the Attorney General (on and after that date)
32 shall be entitled as a party to notice of any further
33 proceedings in the case. The clerk of the court shall file a
34 copy of the Illinois Department of Public Aid's or Attorney
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1 General's notification in the court file. The failure of the
2 clerk to file a copy of the notification in the court file
3 shall not, however, affect the Illinois Department of Public
4 Aid's or Attorney General's right to receive notice of
5 further proceedings.
6 Payments under this Section to the Illinois Department of
7 Public Aid or the Attorney General pursuant to the Child
8 Support Enforcement Program established by Title IV-D of the
9 Social Security Act shall be paid into the Child Support
10 Enforcement Trust Fund. All other payments under this Section
11 to the Illinois Department of Public Aid shall be deposited
12 in the Public Assistance Recoveries Trust Fund. Disbursements
13 from these funds shall be as provided in the Illinois Public
14 Aid Code. Payments received by a local governmental unit
15 shall be deposited in that unit's General Assistance Fund.
16 Any order of court directing payment of child support to a
17 clerk of court or the Court Service Division of a County
18 Department of Public Aid, which order has been entered on or
19 after August 14, 1961, and prior to the effective date of
20 this Act, may be amended by the court in line with this Act;
21 and orders involving payments of maintenance or child support
22 to recipients of public aid may in like manner be amended to
23 conform to this Act.
24 (6) No filing fee or costs will be required in any
25 action brought at the request of the Illinois Department of
26 Public Aid or the Attorney General in any proceeding under
27 this Act. However, any such fees or costs may be assessed by
28 the court against the respondent in the court's order of
29 support or any modification thereof in a proceeding under
30 this Act.
31 (7) For those cases in which child support is payable to
32 the clerk of the circuit court for transmittal to the
33 Illinois Department of Public Aid or the Attorney General by
34 order of court or upon notification by the Illinois
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1 Department of Public Aid or the Attorney General, the clerk
2 shall transmit all such payments, within 4 working days of
3 receipt, to ensure insure that funds are available for
4 immediate distribution by the Department or the Attorney
5 General to the person or entity entitled thereto in
6 accordance with standards of the Child Support Enforcement
7 Program established under Title IV-D of the Social Security
8 Act. The clerk shall notify the Department or the Attorney
9 General of the date of receipt and amount thereof at the time
10 of transmittal. Where the clerk has entered into an
11 agreement of cooperation with the Department or the Attorney
12 General to record the terms of child support orders and
13 payments made thereunder directly into the IV-D Agency's
14 Department's automated data processing system, the clerk
15 shall account for, transmit and otherwise distribute child
16 support payments in accordance with such agreement in lieu of
17 the requirements contained herein.
18 In any action filed in a county with a population of
19 1,000,000 or less, the court shall assess against the
20 respondent in any order of maintenance or child support any
21 sum up to $36 annually authorized by ordinance of the county
22 board to be collected by the clerk of the court as costs for
23 administering the collection and disbursement of maintenance
24 and child support payments. Such sum shall be in addition to
25 and separate from amounts ordered to be paid as maintenance
26 or child support.
27 (Source: P.A. 90-18, eff. 7-1-97.)
28 (750 ILCS 5/706.1) (from Ch. 40, par. 706.1)
29 Sec. 706.1. Withholding of Income to Secure Payment of
30 Support.
31 (A) Definitions.
32 (1) "Order for support" means any order of the court
33 which provides for periodic payment of funds for the support
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1 of a child or maintenance of a spouse, whether temporary or
2 final, and includes any such order which provides for:
3 (a) Modification or resumption of, or payment of
4 arrearage accrued under, a previously existing order;
5 (b) Reimbursement of support; or
6 (c) Enrollment in a health insurance plan that is
7 available to the obligor through an employer or labor
8 union or trade union.
9 (2) "Arrearage" means the total amount of unpaid support
10 obligations as determined by the court and incorporated into
11 an order for support.
12 (2.5) "Business day" means a day on which State offices
13 are open for regular business.
14 (3) "Delinquency" means any payment under an order for
15 support which becomes due and remains unpaid after entry of
16 the order for support.
17 (4) "Income" means any form of periodic payment to an
18 individual, regardless of source, including, but not limited
19 to: wages, salary, commission, compensation as an independent
20 contractor, workers' compensation, disability, annuity,
21 pension, and retirement benefits, lottery prize awards,
22 insurance proceeds, vacation pay, bonuses, profit-sharing
23 payments, interest, and any other payments, made by any
24 person, private entity, federal or state government, any unit
25 of local government, school district or any entity created by
26 Public Act; however, "income" excludes:
27 (a) Any amounts required by law to be withheld,
28 other than creditor claims, including, but not limited
29 to, federal, State and local taxes, Social Security and
30 other retirement and disability contributions;
31 (b) Union dues;
32 (c) Any amounts exempted by the federal Consumer
33 Credit Protection Act;
34 (d) Public assistance payments; and
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1 (e) Unemployment insurance benefits except as
2 provided by law.
3 Any other State or local laws which limit or exempt
4 income or the amount or percentage of income that can be
5 withheld shall not apply.
6 (5) "Obligor" means the individual who owes a duty to
7 make payments under an order for support.
8 (6) "Obligee" means the individual to whom a duty of
9 support is owed or the individual's legal representative.
10 (7) "Payor" means any payor of income to an obligor.
11 (8) "Public office" means any elected official or any
12 State or local agency which is or may become responsible by
13 law for enforcement of, or which is or may become authorized
14 to enforce, an order for support, including, but not limited
15 to: the Attorney General, the Illinois Department of Public
16 Aid, the Illinois Department of Human Services, the Illinois
17 Department of Children and Family Services, and the various
18 State's Attorneys, Clerks of the Circuit Court and
19 supervisors of general assistance.
20 (9) "Premium" means the dollar amount for which the
21 obligor is liable to his employer or labor union or trade
22 union and which must be paid to enroll or maintain a child in
23 a health insurance plan that is available to the obligor
24 through an employer or labor union or trade union.
25 (B) Entry of Order for Support Containing Income Withholding
26 Provisions; Income Withholding Notice.
27 (1) In addition to any content required under other
28 laws, every order for support entered on or after July 1,
29 1997, shall:
30 (a) Require an income withholding notice to be
31 prepared and served immediately upon any payor of the
32 obligor by the obligee or public office, unless a written
33 agreement is reached between and signed by both parties
34 providing for an alternative arrangement, approved and
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1 entered into the record by the court, which ensures
2 payment of support. In that case, the order for support
3 shall provide that an income withholding notice is to be
4 prepared and served only if the obligor becomes
5 delinquent in paying the order for support; and
6 (b) Contain a dollar amount to be paid until
7 payment in full of any delinquency that accrues after
8 entry of the order for support. The amount for payment
9 of delinquency shall not be less than 20% of the total of
10 the current support amount and the amount to be paid
11 periodically for payment of any arrearage stated in the
12 order for support; and
13 (c) Include the obligor's Social Security Number,
14 which the obligor shall disclose to the court. If the
15 obligor is not a United States citizen, the obligor shall
16 disclose to the court, and the court shall include in the
17 order for support, the obligor's alien registration
18 number, passport number, and home country's social
19 security or national health number, if applicable.
20 (2) At the time the order for support is entered, the
21 Clerk of the Circuit Court shall provide a copy of the order
22 to the obligor and shall make copies available to the obligee
23 and public office.
24 (3) The income withholding notice shall:
25 (a) Be in the standard format prescribed by the
26 federal Department of Health and Human Services; and
27 (b) Direct any payor to withhold the dollar amount
28 required for current support under the order for support;
29 and
30 (c) Direct any payor to withhold the dollar amount
31 required to be paid periodically under the order for
32 support for payment of the amount of any arrearage stated
33 in the order for support; and
34 (d) Direct any payor or labor union or trade union
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1 to enroll a child as a beneficiary of a health insurance
2 plan and withhold or cause to be withheld, if applicable,
3 any required premiums; and
4 (e) State the amount of the payor income
5 withholding fee specified under this Section; and
6 (f) State that the amount actually withheld from
7 the obligor's income for support and other purposes,
8 including the payor withholding fee specified under this
9 Section, may not be in excess of the maximum amount
10 permitted under the federal Consumer Credit Protection
11 Act; and
12 (g) State the duties of the payor and the fines and
13 penalties for failure to withhold and pay over income and
14 for discharging, disciplining, refusing to hire, or
15 otherwise penalizing the obligor because of the duty to
16 withhold and pay over income under this Section; and
17 (h) State the rights, remedies, and duties of the
18 obligor under this Section; and
19 (i) Include the obligor's Social Security Number;
20 and
21 (j) Include the date that withholding for current
22 support terminates, which shall be the date of
23 termination of the current support obligation set forth
24 in the order for support.
25 (4) The accrual of a delinquency as a condition for
26 service of an income withholding notice, under the exception
27 to immediate withholding in paragraph (1) of this subsection,
28 shall apply only to the initial service of an income
29 withholding notice on a payor of the obligor.
30 (5) Notwithstanding the exception to immediate
31 withholding contained in paragraph (1) of this subsection, if
32 the court finds at the time of any hearing that an arrearage
33 has accrued, the court shall order immediate service of an
34 income withholding notice upon the payor.
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1 (6) If the order for support, under the exception to
2 immediate withholding contained in paragraph (1) of this
3 subsection, provides that an income withholding notice is to
4 be prepared and served only if the obligor becomes delinquent
5 in paying the order for support, the obligor may execute a
6 written waiver of that condition and request immediate
7 service on the payor.
8 (7) The obligee or public office may serve the income
9 withholding notice on the payor or its superintendent,
10 manager, or other agent by ordinary mail or certified mail
11 return receipt requested, by facsimile transmission or other
12 electronic means, by personal delivery, or by any method
13 provided by law for service of a summons. At the time of
14 service on the payor and as notice that withholding has
15 commenced, the obligee or public office shall serve a copy of
16 the income withholding notice on the obligor by ordinary mail
17 addressed to his or her last known address. Proofs of
18 service on the payor and the obligor shall be filed with the
19 Clerk of the Circuit Court.
20 (8) At any time after the initial service of an income
21 withholding notice under this Section, any other payor of the
22 obligor may be served with the same income withholding notice
23 without further notice to the obligor.
24 (9) (4) New service of an income order for withholding
25 notice is not required in order to resume withholding of
26 income in the case of an obligor with respect to whom an
27 income order for withholding notice was previously served on
28 the payor if withholding of income was terminated because of
29 an interruption in the obligor's employment of less than 180
30 days.
31 (C) Income Withholding After Accrual of Delinquency.
32 (1) Whenever an obligor accrues a delinquency, the
33 obligee or public office may prepare and serve upon the
34 obligor's payor an income withholding notice that:
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1 (a) Contains the information required under
2 paragraph (3) of subsection (B); and
3 (b) Contains a computation of the period and total
4 amount of the delinquency as of the date of the notice;
5 and
6 (c) Directs the payor to withhold the dollar amount
7 required to be withheld periodically under the order for
8 support for payment of the delinquency.
9 (2) The income withholding notice and the obligor's copy
10 of the income withholding notice shall be served as provided
11 in paragraph (7) of subsection (B).
12 (3) The obligor may contest withholding commenced under
13 this subsection by filing a petition to contest withholding
14 with the Clerk of the Circuit Court within 20 days after
15 service of a copy of the income withholding notice on the
16 obligor. However, the grounds for the petition to contest
17 withholding shall be limited to:
18 (a) A dispute concerning the existence or amount of
19 the delinquency; or
20 (b) The identity of the obligor.
21 The Clerk of the Circuit Court shall notify the obligor
22 and the obligee or public office of the time and place of the
23 hearing on the petition to contest withholding. The court
24 shall hold the hearing pursuant to the provisions of
25 subsection (F).
26 (D) Initiated Withholding.
27 (1) Notwithstanding any other provision of this Section,
28 if the court has not required that income withholding take
29 effect immediately, the obligee or public office may initiate
30 withholding, regardless of whether a delinquency has accrued,
31 by preparing and serving an income withholding notice on the
32 payor that contains the information required under paragraph
33 (3) of subsection (B) and states that the parties' written
34 agreement providing an alternative arrangement to immediate
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1 withholding under paragraph (1) of subsection (B) no longer
2 ensures payment of support due and the reason or reasons why
3 it does not.
4 (2) The income withholding notice and the obligor's copy
5 of the income withholding notice shall be served as provided
6 in paragraph (7) of subsection (B).
7 (3) The obligor may contest withholding commenced under
8 this subsection by filing a petition to contest withholding
9 with the Clerk of the Circuit Court within 20 days after
10 service of a copy of the income withholding notice on the
11 obligor. However, the grounds for the petition shall be
12 limited to a dispute concerning:
13 (a) whether the parties' written agreement providing
14 an alternative arrangement to immediate withholding under
15 paragraph (1) of subsection (B) continues to ensure
16 payment of support; or
17 (b) the identity of the obligor.
18 It shall not be grounds for filing a petition that the
19 obligor has made all payments due by the date of the
20 petition.
21 (4) If the obligor files a petition contesting
22 withholding within the 20-day period required under paragraph
23 (3), the Clerk of the Circuit Court shall notify the obligor
24 and the obligee or public office, as appropriate, of the time
25 and place of the hearing on the petition. The court shall
26 hold the hearing pursuant to the provisions of subsection
27 (F). regular or facsimile regular or facsimile
28 (E) Duties of Payor.
29 (1) It shall be the duty of any payor who has been
30 served with an income withholding notice to deduct and pay
31 over income as provided in this subsection. The payor shall
32 deduct the amount designated in the income withholding
33 notice, as supplemented by any notice provided pursuant to
34 paragraph (6) of subsection (G), beginning no later than the
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1 next payment of income which is payable or creditable to the
2 obligor that occurs 14 days following the date the income
3 withholding notice was mailed, sent by facsimile or other
4 electronic means, or placed for personal delivery to or
5 service on the payor. The payor may combine all amounts
6 withheld for the benefit of an obligee or public office into
7 a single payment and transmit the payment with a listing of
8 obligors from whom withholding has been effected. The payor
9 shall pay the amount withheld to the obligee or public office
10 within 7 business days after the date the amount would (but
11 for the duty to withhold income) have been paid or credited
12 to the obligor. If the payor knowingly fails to pay any
13 amount withheld to the obligee or public office within 7
14 business days after the date the amount would have been paid
15 or credited to the obligor, the payor shall pay a penalty of
16 $100 for each day that the withheld amount is not paid to the
17 obligee or public office after the period of 7 business days
18 has expired. The failure of a payor, on more than one
19 occasion, to pay amounts withheld to the obligee or public
20 office within 7 business days after the date the amount would
21 have been paid or credited to the obligor creates a
22 presumption that the payor knowingly failed to pay over the
23 amounts. This penalty, along with any amount required to be
24 withheld and paid, may be collected in a civil action which
25 may be brought against the payor in favor of the obligee or
26 public office. A finding of a payor's nonperformance within
27 the time required under this Section must be documented by a
28 certified mail return receipt showing the date the income
29 order for withholding notice was served on the payor. For
30 purposes of this Section, a withheld amount shall be
31 considered paid by a payor on the date it is mailed by the
32 payor, or on the date an electronic funds transfer of the
33 amount has been initiated by the payor, or on the date
34 delivery of the amount has been initiated by the payor. For
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1 each deduction, the payor shall provide the obligee or public
2 office, at the time of transmittal, with the date the amount
3 would (but for the duty to withhold income) have been paid or
4 credited to the obligor. The payor shall not be required to
5 vary the normal pay and disbursement cycles in order to
6 comply with this paragraph.
7 Upon receipt of an income withholding notice requiring
8 that a minor child be named as a beneficiary of a health
9 insurance plan available through an employer or labor union
10 or trade union, the employer or labor union or trade union
11 shall immediately enroll the minor child as a beneficiary in
12 the health insurance plan designated by the income
13 withholding notice. The employer shall withhold any required
14 premiums and pay over any amounts so withheld and any
15 additional amounts the employer pays to the insurance carrier
16 in a timely manner. The employer or labor union or trade
17 union shall mail to the obligee, within 15 days of enrollment
18 or upon request, notice of the date of coverage, information
19 on the dependent coverage plan, and all forms necessary to
20 obtain reimbursement for covered health expenses, such as
21 would be made available to a new employee. When an order for
22 dependent coverage is in effect and the insurance coverage is
23 terminated or changed for any reason, the employer or labor
24 union or trade union shall notify the obligee within 10 days
25 of the termination or change date along with notice of
26 conversion privileges.
27 For withholding of income, the payor shall be entitled to
28 receive a fee not to exceed $5 per month to be taken from the
29 income to be paid to the obligor.
30 (2) Whenever the obligor is no longer receiving income
31 from the payor, the payor shall return a copy of the income
32 withholding notice to the obligee or public office and shall
33 provide information for the purpose of enforcing this
34 Section.
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1 (3) Withholding of income under this Section shall be
2 made without regard to any prior or subsequent garnishments,
3 attachments, wage assignments, or any other claims of
4 creditors. Withholding of income under this Section shall
5 not be in excess of the maximum amounts permitted under the
6 federal Consumer Credit Protection Act. If the payor has been
7 served with more than one income withholding notice
8 pertaining to the same obligor, the payor shall allocate
9 income available for withholding on a proportionate share
10 basis, giving priority to current support payments. If there
11 is any income available for withholding after withholding for
12 all current support obligations, the payor shall allocate the
13 income to past due support payments ordered in cases in which
14 cash assistance under the Illinois Public Aid Code is not
15 being provided to the obligee and then to past due support
16 payments ordered in cases in which cash assistance under the
17 Illinois Public Aid Code is being provided to the obligee,
18 both on a proportionate share basis. A payor who complies
19 with an income withholding notice that is regular on its face
20 shall not be subject to civil liability with respect to any
21 individual, any agency, or any creditor of the obligor for
22 conduct in compliance with the notice.
23 (4) No payor shall discharge, discipline, refuse to hire
24 or otherwise penalize any obligor because of the duty to
25 withhold income.
26 (F) Petitions to Contest Withholding or to Modify, Suspend,
27 Terminate, or Correct Income Withholding Notices.
28 (1) When an obligor files a petition to contest
29 withholding, the court, after due notice to all parties,
30 shall hear the matter as soon as practicable and shall enter
31 an order granting or denying relief, ordering service of an
32 amended income withholding notice, where applicable, or
33 otherwise resolving the matter.
34 The court shall deny the obligor's petition if the court
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1 finds that when the income withholding notice was mailed,
2 sent by facsimile transmission or other electronic means, or
3 placed for personal delivery to or service on the payor:
4 (a) A delinquency existed; or
5 (b) The parties' written agreement providing an
6 alternative arrangement to immediate withholding under
7 paragraph (1) of subsection (B) no longer ensured payment
8 of support.
9 (2) At any time, an obligor, obligee, public office or
10 Clerk of the Circuit Court may petition the court to:
11 (a) Modify, suspend or terminate the income
12 withholding notice because of a modification, suspension
13 or termination of the underlying order for support; or
14 (b) Modify the amount of income to be withheld to
15 reflect payment in full or in part of the delinquency or
16 arrearage by income withholding or otherwise; or
17 (c) Suspend the income withholding notice because
18 of inability to deliver income withheld to the obligee
19 due to the obligee's failure to provide a mailing address
20 or other means of delivery.
21 (3) At any time an obligor may petition the court to
22 correct a term contained in an income withholding notice to
23 conform to that stated in the underlying order for support
24 for:
25 (a) The amount of current support;
26 (b) The amount of the arrearage;
27 (c) The periodic amount for payment of the
28 arrearage; or
29 (d) The periodic amount for payment of the
30 delinquency.
31 (4) The obligor, obligee or public office shall serve on
32 the payor, in the manner provided for service of income
33 withholding notices in paragraph (7) of subsection (B), a
34 copy of any order entered pursuant to this subsection that
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1 affects the duties of the payor.
2 (5) At any time, a public office or Clerk of the Circuit
3 Court may serve a notice on the payor to:
4 (a) Cease withholding of income for payment of
5 current support for a child when the support obligation
6 for that child has automatically ceased under the order
7 for support through emancipation or otherwise; or
8 (b) Cease withholding of income for payment of
9 delinquency or arrearage when the delinquency or
10 arrearage has been paid in full.
11 (6) The notice provided for under paragraph (5) of this
12 subsection shall be served on the payor in the manner
13 provided for service of income withholding notices in
14 paragraph (7) of subsection (B), and a copy shall be provided
15 to the obligor and the obligee.
16 (7) The income withholding notice shall continue to be
17 binding upon the payor until service of an amended income
18 withholding notice or any order of the court or notice
19 entered or provided for under this subsection.
20 (G) Additional Duties.
21 (1) An obligee who is receiving income withholding
22 payments under this Section shall notify the payor, if the
23 obligee receives the payments directly from the payor, or the
24 public office or the Clerk of the Circuit Court, as
25 appropriate, of any change of address within 7 days of such
26 change.
27 (2) An obligee who is a recipient of public aid shall
28 send a copy of any income withholding notice served by the
29 obligee to the Attorney General Division of Child Support
30 Enforcement of the Illinois Department of Public Aid.
31 (3) Each obligor shall notify the obligee, the public
32 office, and the Clerk of the Circuit Court of any change of
33 address within 7 days.
34 (4) An obligor whose income is being withheld or who has
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1 been served with a notice of delinquency pursuant to this
2 Section shall notify the obligee, the public office, and the
3 Clerk of the Circuit Court of any new payor, within 7 days.
4 (5) When the Office of the Attorney General Illinois
5 Department of Public Aid is no longer authorized to receive
6 payments for the obligee, it shall, within 7 days, notify the
7 payor or, where appropriate, the Clerk of the Circuit Court,
8 to redirect income withholding payments to the obligee.
9 (6) The obligee or public office shall provide notice to
10 the payor and Clerk of the Circuit Court of any other support
11 payment made, including but not limited to, a set-off under
12 federal and State law or partial payment of the delinquency
13 or arrearage, or both.
14 (7) Any public office and Clerk of the Circuit Court
15 which collects, disburses or receives payments pursuant to
16 income withholding notices shall maintain complete, accurate,
17 and clear records of all payments and their disbursements.
18 Certified copies of payment records maintained by a public
19 office or Clerk of the Circuit Court shall, without further
20 proof, be admitted into evidence in any legal proceedings
21 under this Section.
22 (8) The Illinois Department of Public Aid (before the
23 effective date of this amendatory Act of 1997) or the
24 Attorney General (on and after that date) shall design
25 suggested legal forms for proceeding under this Section and
26 shall make available to the courts such forms and
27 informational materials which describe the procedures and
28 remedies set forth herein for distribution to all parties in
29 support actions.
30 (9) At the time of transmitting each support payment,
31 the clerk of the circuit court shall provide the obligee or
32 public office, as appropriate, with any information furnished
33 by the payor as to the date the amount would (but for the
34 duty to withhold income) have been paid or credited to the
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1 obligor.
2 (H) Penalties.
3 (1) Where a payor wilfully fails to withhold or pay over
4 income pursuant to a properly served income withholding
5 notice, or wilfully discharges, disciplines, refuses to hire
6 or otherwise penalizes an obligor as prohibited by subsection
7 (E), or otherwise fails to comply with any duties imposed by
8 this Section, the obligee, public office or obligor, as
9 appropriate, may file a complaint with the court against the
10 payor. The clerk of the circuit court shall notify the
11 obligee or public office, as appropriate, and the obligor and
12 payor of the time and place of the hearing on the complaint.
13 The court shall resolve any factual dispute including, but
14 not limited to, a denial that the payor is paying or has paid
15 income to the obligor. Upon a finding in favor of the
16 complaining party, the court:
17 (a) Shall enter judgment and direct the enforcement
18 thereof for the total amount that the payor wilfully
19 failed to withhold or pay over; and
20 (b) May order employment or reinstatement of or
21 restitution to the obligor, or both, where the obligor
22 has been discharged, disciplined, denied employment or
23 otherwise penalized by the payor and may impose a fine
24 upon the payor not to exceed $200.
25 (2) Any obligee, public office or obligor who wilfully
26 initiates a false proceeding under this Section or who
27 wilfully fails to comply with the requirements of this
28 Section shall be punished as in cases of contempt of court.
29 (I) Alternative Procedures for Service of an Income
30 Withholding Notice.
31 (1) The procedures of this subsection may be used in any
32 matter to serve an income withholding notice on a payor if:
33 (a) For any reason the most recent order for
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1 support entered does not contain the income withholding
2 provisions required under subsection (B), irrespective of
3 whether a separate order for withholding was entered
4 prior to July 1, 1997; and
5 (b) The obligor has accrued a delinquency after
6 entry of the most recent order for support.
7 (2) The obligee or public office shall prepare and serve
8 the income withholding notice in accordance with the
9 provisions of subsection (C), except that the notice shall
10 contain a periodic amount for payment of the delinquency
11 equal to 20% of the total of the current support amount and
12 the amount to be paid periodically for payment of any
13 arrearage stated in the most recent order for support.
14 (3) If the obligor requests in writing that income
15 withholding become effective prior to the obligor accruing a
16 delinquency under the most recent order for support, the
17 obligee or public office may prepare and serve an income
18 withholding notice on the payor as provided in subsection
19 (B). In addition to filing proofs of service of the income
20 withholding notice on the payor and the obligor, the obligee
21 or public office shall file a copy of the obligor's written
22 request for income withholding with the Clerk of the Circuit
23 Court.
24 (4) All other provisions of this Section shall be
25 applicable with respect to the provisions of this subsection
26 (I).
27 (J) Remedies in Addition to Other Laws.
28 (1) The rights, remedies, duties and penalties created
29 by this Section are in addition to and not in substitution
30 for any other rights, remedies, duties and penalties created
31 by any other law.
32 (2) Nothing in this Section shall be construed as
33 invalidating any assignment of wages or benefits executed
34 prior to January 1, 1984 or any order for withholding served
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1 prior to July 1, 1997.
2 (Source: P.A. 89-507, eff. 7-1-97; 90-18, eff. 7-1-97;
3 90-425, eff. 8-15-97; revised 9-29-97.)
4 (750 ILCS 5/709) (from Ch. 40, par. 709)
5 Sec. 709. Mandatory child support payments to clerk.
6 (a) As of January 1, 1982, child support orders entered
7 in any county covered by this subsection shall be made
8 pursuant to the provisions of Sections 709 through 712 of
9 this Act. For purposes of these Sections, the term "child
10 support payment" or "payment" shall include any payment
11 ordered to be made solely for the purpose of the support of a
12 child or children or any payment ordered for general support
13 which includes any amount for support of any child or
14 children.
15 The provisions of Sections 709 through 712 shall be
16 applicable to any county with a population of 2 million or
17 more and to any other county which notifies the Supreme Court
18 of its desire to be included within the coverage of these
19 Sections and is certified pursuant to Supreme Court Rules.
20 The effective date of inclusion, however, shall be
21 subject to approval of the application for reimbursement of
22 the costs of the support program by the Department of Public
23 Aid (before the effective date of this amendatory Act of
24 1997) or the Attorney General (on and after that date) as
25 provided in Section 712.
26 (b) In any proceeding for a dissolution of marriage,
27 legal separation, or declaration of invalidity of marriage,
28 or in any supplementary proceedings in which a judgment or
29 modification thereof for the payment of child support is
30 entered on or after January 1, 1982, in any county covered by
31 Sections 709 through 712, and the person entitled to payment
32 is receiving a grant of financial aid under Article IV of the
33 Illinois Public Aid Code or has applied and qualified for
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1 support services under Section 10-1 of that Code or under
2 Section 7.5 of the Attorney General Act, the court shall
3 direct: (1) that such payments be made to the clerk of the
4 court and (2) that the parties affected shall each thereafter
5 notify the clerk of any change of address or change in other
6 conditions that may affect the administration of the order,
7 including the fact that a party who was previously not on
8 public aid has become a recipient of public aid, within 10
9 days of such change. All notices sent to the obligor's last
10 known address on file with the clerk shall be deemed
11 sufficient to proceed with enforcement pursuant to the
12 provisions of Sections 709 through 712.
13 In all other cases, the court may direct that payments be
14 made to the clerk of the court.
15 (c) Except as provided in subsection (d) of this
16 Section, the clerk shall disburse the payments to the person
17 or persons entitled thereto under the terms of the order or
18 judgment.
19 (d) The court shall determine, prior to the entry of the
20 support order, if the party who is to receive the support is
21 presently receiving public aid or has a current application
22 for public aid pending and shall enter the finding on the
23 record.
24 If the person entitled to payment is a recipient of aid
25 under the Illinois Public Aid Code, the clerk, upon being
26 informed of this fact by finding of the court, by
27 notification by the party entitled to payment, by the
28 Illinois Department of Public Aid, the Attorney General, or
29 by the local governmental unit, shall make all payments to:
30 (1) the Attorney General Illinois Department of Public Aid if
31 the person is a recipient under Article III, IV, or V of the
32 Code or (2) the local governmental unit responsible for his
33 or her support if the person is a recipient under Article VI
34 or VII of the Code. In accordance with federal law and
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1 regulations, the Illinois Department of Public Aid may
2 continue to collect current maintenance payments or child
3 support payments, or both, after those persons cease to
4 receive public assistance and until termination of services
5 under Article X of the Illinois Public Aid Code or under
6 Sections 7.1 through 7.295 of the Attorney General Act. The
7 Illinois Department of Public Aid or the Attorney General
8 shall pay the net amount collected to those persons after
9 deducting any costs incurred in making the collection or any
10 collection fee from the amount of any recovery made. Upon
11 termination of public aid payments to such a recipient or
12 termination of services under Article X of the Illinois
13 Public Aid Code or under Sections 7.1 through 7.295 of the
14 Attorney General Act, the Illinois Department of Public Aid,
15 the Attorney General, or the appropriate local governmental
16 unit shall notify the clerk in writing or by electronic
17 transmission that all subsequent payments are to be sent
18 directly to the person entitled thereto.
19 Upon notification in writing or by electronic
20 transmission from the Illinois Department of Public Aid
21 (before the effective date of this amendatory Act of 1997) or
22 the Attorney General (on and after that date) to the clerk
23 of the court that a person who is receiving support payments
24 under this Section is receiving services under the Child
25 Support Enforcement Program established by Title IV-D of the
26 Social Security Act, any support payments subsequently
27 received by the clerk of the court shall be transmitted in
28 accordance with the instructions of the Illinois Department
29 of Public Aid or the Attorney General until the Department or
30 the Attorney General gives notice to the clerk of the court
31 to cease the transmittal. After providing the notification
32 authorized under this paragraph, the Illinois Department of
33 Public Aid (before the effective date of this amendatory Act
34 of 1997) or the Attorney General (on and after that date)
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1 shall be entitled as a party to notice of any further
2 proceedings in the case. The clerk of the court shall file a
3 copy of the Illinois Department of Public Aid's or Attorney
4 General's notification in the court file. The failure of the
5 clerk to file a copy of the notification in the court file
6 shall not, however, affect the Illinois Department of Public
7 Aid's or Attorney General's right to receive notice of
8 further proceedings.
9 Payments under this Section to the Illinois Department of
10 Public Aid or the Attorney General pursuant to the Child
11 Support Enforcement Program established by Title IV-D of the
12 Social Security Act shall be paid into the Child Support
13 Enforcement Trust Fund. All other payments under this Section
14 to the Illinois Department of Public Aid shall be deposited
15 in the Public Assistance Recoveries Trust Fund. Disbursements
16 from these funds shall be as provided in the Illinois Public
17 Aid Code. Payments received by a local governmental unit
18 shall be deposited in that unit's General Assistance Fund.
19 (e) Any order or judgment may be amended by the court,
20 upon its own motion or upon the motion of either party, to
21 conform with the provisions of Sections 709 through 712,
22 either as to the requirement of making payments to the clerk
23 or, where payments are already being made to the clerk, as to
24 the statutory fees provided for under Section 711.
25 (f) The clerk may invest in any interest bearing account
26 or in any securities, monies collected for the benefit of a
27 payee, where such payee cannot be found; however, the
28 investment may be only for the period until the clerk is able
29 to locate and present the payee with such monies. The clerk
30 may invest in any interest bearing account, or in any
31 securities, monies collected for the benefit of any other
32 payee; however, this does not alter the clerk's obligation to
33 make payments to the payee in a timely manner. Any interest
34 or capital gains accrued shall be for the benefit of the
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1 county and shall be paid into the special fund established in
2 subsection (b) of Section 711.
3 (g) The clerk shall establish and maintain a payment
4 record of all monies received and disbursed and such record
5 shall constitute prima facie evidence of such payment and
6 non-payment, as the case may be.
7 (h) For those cases in which child support is payable to
8 the clerk of the circuit court for transmittal to the
9 Illinois Department of Public Aid or the Attorney General by
10 order of court or upon notification by the Illinois
11 Department of Public Aid or the Attorney General, the clerk
12 shall transmit all such payments, within 4 working days of
13 receipt, to ensure insure that funds are available for
14 immediate distribution by the Department to the person or
15 entity entitled thereto in accordance with standards of the
16 Child Support Enforcement Program established under Title
17 IV-D of the Social Security Act. The clerk shall notify the
18 Department of the date of receipt and amount thereof at the
19 time of transmittal. Where the clerk has entered into an
20 agreement of cooperation with the Department to record the
21 terms of child support orders and payments made thereunder
22 directly into the Department's automated data processing
23 system, the clerk shall account for, transmit and otherwise
24 distribute child support payments in accordance with such
25 agreement in lieu of the requirements contained herein.
26 (Source: P.A. 87-1252; 88-687, eff. 1-24-95.)
27 (750 ILCS 5/712) (from Ch. 40, par. 712)
28 Sec. 712. (a) The Supreme Court may make Rules
29 concerning the certification of counties for inclusion in the
30 child support enforcement program and the application of the
31 procedures created by Sections 709 through 712 in the various
32 counties.
33 The Supreme Court shall inform each circuit court and
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1 clerk of the court of the availability of the program to
2 reimburse counties desiring to participate in the program of
3 enforcement of child support payments.
4 The Supreme Court shall also distribute to each circuit
5 court and clerk of the court any materials prepared by the
6 Child and Spouse Support Unit comparing child support
7 enforcement in counties included and not included in this
8 program.
9 (b) Before the effective date of this amendatory Act of
10 1997, the Illinois Department of Public Aid, through the
11 Child and Spouse Support Unit provided for by Section 10-3.1
12 of The Illinois Public Aid Code, shall have general
13 supervision of the child support programs created by Sections
14 709 through 712 and shall have the powers and duties provided
15 in this Section, including the following:
16 (1) to make advance payments to any county included in
17 the program for expenses in preparing programs to enforce
18 payment of child support to the clerk from appropriations
19 made for such purposes by the General Assembly;
20 (2) to make payments to each covered county to pay for
21 its reasonable expenses actually necessary to maintain a
22 continuing program not paid for by fees, penalties, or other
23 monies; provided that, with respect to that portion of the
24 program on behalf of dependent children included in a grant
25 of financial aid under Article IV of The Illinois Public Aid
26 Code the Unit shall pay only such expenses as is its current
27 practice or as it may deem appropriate; provided further that
28 the Unit shall only pay expenses of the entire program
29 subject to the availability of federal monies to pay the
30 majority of expenses of the entire child support enforcement
31 program; provided further that the Unit or Department may set
32 standards relating to enforcement which have to be met by any
33 county seeking to enter a contract with the Department for
34 reimbursement of expenses of the entire enforcement program
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1 prior to an application for reimbursement being approved and
2 the contract granted; and provided further that such
3 standards may relate to, but are not limited to the following
4 factors: maintenance of the payment record, the definition of
5 delinquency; the period of time in which a delinquency must
6 be determined, the payor notified, the remittance received,
7 the referral to the state's attorney made, and the payment
8 remitted by the clerk to the payee or other party entitled to
9 the payment; the conditions under which referral will not be
10 made to the state's attorney; and the definitions and
11 procedures for other matters necessary for the conduct and
12 operation of the program;
13 (3) to monitor the various local programs for
14 enforcement of child support payments to the clerk;
15 (4) to act to encourage enforcement whenever local
16 enforcement procedures are inadequate;
17 (5) to receive monies from any source for assistance in
18 enforcement of child support; and
19 (6) to assist any county desirous of assistance in
20 establishing and maintaining a child support enforcement
21 program.
22 (b-5) On and after the effective date of this amendatory
23 Act of 1997, the Attorney General, through the Child and
24 Spouse Support Unit provided for by Section 7.20 of the
25 Attorney General Act, shall have general supervision of the
26 child support programs created by Sections 709 through 712
27 and shall have the powers and duties provided in this
28 Section, including those assigned to the Illinois Department
29 of Public Aid and its Child and Spouse Support Unit under
30 subsection (b).
31 (c) Any county may apply for financial assistance to the
32 Unit to initiate or maintain a program of child support
33 enforcement. Every county which desires such assistance
34 shall apply according to procedures established by the Unit.
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1 In its application, it shall state the following: financial
2 needs, personnel requirements, anticipated caseloads, any
3 amounts collected or anticipated in fees or penalties, and
4 any other information required by the Unit.
5 (d) In the case that any advance money is given to any
6 county under this Section to initiate an enforcement system,
7 the county shall reimburse the state within 2 years from the
8 date such monies are given to it. The Unit may establish an
9 appropriate schedule of reimbursement for any county.
10 (e) In the event of the unavailability of federal monies
11 to pay for the greater part of the costs to a county of the
12 child support enforcement program under Sections 709 through
13 712 and the resulting cessation of state participation, the
14 operation of the child support enforcement program under
15 Sections 709 through 712 shall terminate. The date and the
16 method of termination shall be determined by Supreme Court
17 Rule.
18 (Source: P.A. 84-1395.)
19 Section 55. The Non-Support of Spouse and Children Act
20 is amended by changing Sections 2.1, 3, 4, 4.1, 11, and 12 as
21 follows:
22 (750 ILCS 15/2.1) (from Ch. 40, par. 1105)
23 Sec. 2.1. Support payments; receiving and disbursing
24 agents.
25 (1) In actions instituted under this Act on and after
26 August 14, 1961, involving a minor child or children, the
27 Court, except in actions instituted on or after August 26,
28 1969, in which the support payments are in behalf of a
29 recipient of aid under the Illinois Public Aid Code, shall
30 direct that moneys ordered to be paid for support under
31 Sections 3 and 4 of this Act shall be paid to the clerk of
32 the court in counties of less than 3 million population, and
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1 in counties of 3 million or more population, to the clerk or
2 probation officer of the court or to the Court Service
3 Division of the County Department of Public Aid. After the
4 effective date of this amendatory Act of 1975, the court
5 shall direct that such support moneys be paid to the clerk or
6 probation officer or the Illinois Department of Public Aid.
7 However, the court in its discretion may direct otherwise
8 where exceptional circumstances so warrant. If payment is to
9 be made to persons other than the clerk or probation officer,
10 the Attorney General, the Court Service Division of the
11 County Department of Public Aid, or the Illinois Department
12 of Public Aid, the judgment or order of support shall set
13 forth the facts of the exceptional circumstances.
14 (2) In actions instituted after August 26, 1969, where
15 the support payments are in behalf of spouses, children, or
16 both, who are recipients of aid under the Illinois Public Aid
17 Code, the court shall order the payments to be made directly
18 to (1) the Attorney General Illinois Department of Public Aid
19 if the person is a recipient under Articles III, IV or V of
20 the Code, or (2) to the local governmental unit responsible
21 for the support of the person if he or she is a recipient
22 under Articles VI or VII of the Code. In accordance with
23 federal law and regulations, the Illinois Department of
24 Public Aid or the Attorney General may continue to collect
25 current maintenance payments or child support payments, or
26 both, after those persons cease to receive public assistance
27 and until termination of services under Article X of the
28 Illinois Public Aid Code or under Sections 7.1 through 7.295
29 of the Attorney General Act. The Illinois Department of
30 Public Aid or the Attorney General shall pay the net amount
31 collected to those persons after deducting any costs incurred
32 in making the collection or any collection fee from the
33 amount of any recovery made. The order shall permit the
34 Illinois Department of Public Aid, the Attorney General, or
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1 the local governmental unit, as the case may be, to direct
2 that support payments be made directly to the spouse,
3 children, or both, or to some person or agency in their
4 behalf, upon removal of the spouse or children from the
5 public aid rolls or upon termination of services under
6 Article X of the Illinois Public Aid Code or under Sections
7 7.1 through 7.295 of the Attorney General Act; and upon such
8 direction, the Illinois Department or the local governmental
9 unit, as the case requires, shall give notice of such action
10 to the court in writing or by electronic transmission.
11 (3) The clerks, probation officers, and the Court
12 Service Division of the County Department of Public Aid in
13 counties of 3 million or more population, and, after the
14 effective date of this amendatory Act of 1975, the clerks,
15 probation officers, the Attorney General, and the Illinois
16 Department of Public Aid, shall disburse moneys paid to them
17 to the person or persons entitled thereto under the order of
18 the Court. They shall establish and maintain current records
19 of all moneys received and disbursed and of delinquencies and
20 defaults in required payments. The Court, by order or rule,
21 shall make provision for the carrying out of these duties.
22 In cases in which a party is receiving child and spouse
23 support services under Article X of the Illinois Public Aid
24 Code or under Sections 7.1 through 7.295 of the Attorney
25 General Act and the order for support provides that child
26 support payments be made to the obligee, the Illinois
27 Department of Public Aid (before the effective date of this
28 amendatory Act of 1997) or the Attorney General (on and after
29 that date) may provide notice to the obligor and the
30 obligor's payor, when income withholding is in effect under
31 Section 4.1 of this Act, to make all payments after receipt
32 of the Department's or Attorney General's notice to the clerk
33 of the court until further notice by the Department or the
34 Attorney General or order of the court. Copies of the
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1 notice shall be provided to the obligee and the clerk. The
2 clerk's copy shall contain a proof of service on the obligor
3 and the obligor's payor, where applicable. The clerk shall
4 file the clerk's copy of the notice in the court file. The
5 notice to the obligor and the payor, if applicable, may be
6 sent by ordinary mail, certified mail, return receipt
7 requested, facsimile transmission, or other electronic
8 process, or may be served upon the obligor or payor using any
9 method provided by law for service of a summons. An obligor
10 who fails to comply with a notice provided under this
11 paragraph is guilty of a Class B misdemeanor. A payor who
12 fails to comply with a notice provided under this paragraph
13 is guilty of a business offense and subject to a fine of up
14 to $1,000.
15 Upon notification in writing or by electronic
16 transmission from the Illinois Department of Public Aid
17 (before the effective date of this amendatory Act of 1997) or
18 the Attorney General (on and after that date) to the clerk of
19 the court that a person who is receiving support payments
20 under this Section is receiving services under the Child
21 Support Enforcement Program established by Title IV-D of the
22 Social Security Act, any support payments subsequently
23 received by the clerk of the court shall be transmitted in
24 accordance with the instructions of the Illinois Department
25 of Public Aid or the Attorney General until the Department
26 or the Attorney General gives notice to the clerk of the
27 court to cease the transmittal. After providing the
28 notification authorized under this paragraph, the Illinois
29 Department of Public Aid (before the effective date of this
30 amendatory Act of 1997) or the Attorney General (on and after
31 that date) shall be entitled as a party to notice of any
32 further proceedings in the case. The clerk of the court
33 shall file a copy of the Illinois Department of Public Aid's
34 or Attorney General's notification in the court file. The
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1 failure of the clerk to file a copy of the notification in
2 the court file shall not, however, affect the Illinois
3 Department of Public Aid's or Attorney General's right to
4 receive notice of further proceedings.
5 (4) Payments under this Section to the Illinois
6 Department of Public Aid or the Attorney General pursuant to
7 the Child Support Enforcement Program established by Title
8 IV-D of the Social Security Act shall be paid into the Child
9 Support Enforcement Trust Fund. All other payments under this
10 Section to the Illinois Department of Public Aid shall be
11 deposited in the Public Assistance Recoveries Trust Fund.
12 Disbursements from these funds shall be as provided in the
13 Illinois Public Aid Code. Payments received by a local
14 governmental unit shall be deposited in that unit's General
15 Assistance Fund.
16 (5) Orders and assignments entered or executed prior to
17 the Act approved August 14, 1961 shall not be affected
18 thereby. Employers served with wage assignments executed
19 prior to that date shall comply with the terms thereof.
20 However, the Court, on petition of the state's attorney, or
21 of the Illinois Department of Public Aid or local
22 governmental unit in respect to recipients of public aid, may
23 order the execution of new assignments and enter new orders
24 designating the clerk, probation officer, or the Illinois
25 Department of Public Aid or appropriate local governmental
26 unit in respect to payments in behalf of recipients of public
27 aid, as the person or agency authorized to receive and
28 disburse the salary or wages assigned. On like petition the
29 Court may enter new orders designating such officers,
30 agencies or governmental units to receive and disburse the
31 payments ordered under Section 4.
32 (6) For those cases in which child support is payable to
33 the clerk of the circuit court for transmittal to the
34 Illinois Department of Public Aid or the Attorney General by
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1 order of court or upon notification by the Illinois
2 Department of Public Aid or the Attorney General, the clerk
3 shall transmit all such payments, within 4 working days of
4 receipt, to ensure insure that funds are available for
5 immediate distribution by the Department or the Attorney
6 General 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 or the Attorney
10 General of the date of receipt and amount thereof at the time
11 of transmittal. Where the clerk has entered into an
12 agreement of cooperation with the Department or the Attorney
13 General to record the terms of child support orders and
14 payments made thereunder directly into the IV-D Agency's
15 Department's automated data processing system, the clerk
16 shall account for, transmit and otherwise distribute child
17 support payments in accordance with such agreement in lieu of
18 the requirements contained herein.
19 (Source: P.A. 90-18, eff. 7-1-97.)
20 (750 ILCS 15/3) (from Ch. 40, par. 1106)
21 Sec. 3. At any time before the trial, upon motion of the
22 State's Attorney, or of the Attorney General if the action
23 has been instituted by his office, and upon notice to the
24 defendant, or at the time of arraignment or as a condition of
25 the postponement of arraignment, the court at any time may
26 enter such temporary order as may seem just, providing for
27 the support or maintenance of the spouse or child or children
28 of the defendant, or both, pendente lite.
29 The Court shall determine the amount of child support by
30 using the guidelines and standards set forth in subsection
31 (a) of Section 505 and in Section 505.2 of the Illinois
32 Marriage and Dissolution of Marriage Act.
33 The Court shall determine the amount of maintenance using
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1 the standards set forth in Section 504 of the Illinois
2 Marriage and Dissolution of Marriage Act.
3 The court may for violation of any order under this
4 Section punish the offender as for a contempt of court, but
5 no pendente lite order shall remain in force for a longer
6 term than 4 months, or after the discharge of any panel of
7 jurors summoned for service thereafter in such court,
8 whichever is the sooner.
9 Any new or existing support order entered by the court
10 under this Section shall be deemed to be a series of
11 judgments against the person obligated to pay support
12 thereunder, each such judgment to be in the amount of each
13 payment or installment of support and each such judgment to
14 be deemed entered as of the date the corresponding payment or
15 installment becomes due under the terms of the support order.
16 Each such judgment shall have the full force, effect and
17 attributes of any other judgment of this State, including the
18 ability to be enforced. Any such judgment is subject to
19 modification or termination only in accordance with Section
20 510 of the Illinois Marriage and Dissolution of Marriage Act.
21 A lien arises by operation of law against the real and
22 personal property of the noncustodial parent for each
23 installment of overdue support owed by the noncustodial
24 parent.
25 A one-time interest charge of 20% is imposable upon the
26 amount of past-due child support owed on July 1, 1988 which
27 has accrued under a support order entered by the court. The
28 charge shall be imposed in accordance with the provisions of
29 Section 10-21 of the Illinois Public Aid Code and shall be
30 enforced by the court upon petition. On and after the
31 effective date of this amendatory Act of 1997, the Attorney
32 General may collect, on behalf of the Illinois Department of
33 Public Aid, any charge imposed in accordance with this
34 paragraph. Nothing in this amendatory Act of 1997 shall be
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1 construed to affect the validity of any charge imposed in
2 accordance with this paragraph.
3 All orders for support, when entered or modified, shall
4 include a provision requiring the non-custodial parent to
5 notify the court and, in cases in which a party is receiving
6 child and spouse support services under Article X of the
7 Illinois Public Aid Code or under Sections 7.1 through 7.295
8 of the Attorney General Act, the Illinois Department of
9 Public Aid (before the effective date of this amendatory Act
10 of 1997) or the Attorney General (on and after that date),
11 within 7 days, (i) of the name and address of any new
12 employer of the non-custodial parent, (ii) whether the
13 non-custodial parent has access to health insurance coverage
14 through the employer or other group coverage and, if so, the
15 policy name and number and the names of persons covered under
16 the policy, and (iii) of any new residential or mailing
17 address or telephone number of the non-custodial parent. In
18 any subsequent action to enforce a support order, upon a
19 sufficient showing that a diligent effort has been made to
20 ascertain the location of the non-custodial parent, service
21 of process or provision of notice necessary in the case may
22 be made at the last known address of the non-custodial parent
23 in any manner expressly provided by the Code of Civil
24 Procedure or this Act, which service shall be sufficient for
25 purposes of due process.
26 An order for support shall include a date on which the
27 current support obligation terminates. The termination date
28 shall be no earlier than the date on which the child covered
29 by the order will attain the age of majority or is otherwise
30 emancipated. The order for support shall state that the
31 termination date does not apply to any arrearage that may
32 remain unpaid on that date. Nothing in this paragraph shall
33 be construed to prevent the court from modifying the order.
34 (Source: P.A. 90-18, eff. 7-1-97.)
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1 (750 ILCS 15/4) (from Ch. 40, par. 1107)
2 Sec. 4. Whenever a fine is imposed it may be directed by
3 the court to be paid, in whole or in part, to the spouse, or
4 if the support of a minor child or children is involved, to
5 the clerk, probation officer, the Court Service Division of
6 the County Department of Public Aid in counties of 3 million
7 or more population or to the Illinois Department of Public
8 Aid, the Attorney General, or a local governmental unit if a
9 recipient of public aid is involved, in accordance with
10 Section 2.1, as the case requires, to be disbursed by such
11 officers, agency or governmental unit under the terms of the
12 order. However, before the trial with the consent of the
13 defendant, or at the trial on entry of a plea of guilty, or
14 after conviction, instead of imposing the penalty provided in
15 this Act, or in addition thereto, the court in its
16 discretion, having regard to the circumstances and the
17 financial ability or earning capacity of the defendant, may
18 make an order, subject to change by the court from time to
19 time as circumstances may require, directing the defendant to
20 pay a certain sum periodically for a term not exceeding 3
21 years to the spouse or, if the support of a minor child or
22 children is involved, to the clerk, probation officer, the
23 Court Service Division of the County Department of Public Aid
24 in counties of 3 million or more population or to the
25 Illinois Department of Public Aid, the Attorney General, or a
26 local governmental unit if a recipient of public aid is
27 involved in accordance with Section 2.1, as the case
28 requires, to be disbursed by such officers, agency or
29 governmental unit under the terms of the order.
30 The Court shall determine the amount of child support by
31 using the standards set forth in subsection (a) of Section
32 505 and in Section 505.2 of the Illinois Marriage and
33 Dissolution of Marriage Act.
34 The Court shall determine the amount of maintenance using
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1 the standards set forth in Section 504 of the Illinois
2 Marriage and Dissolution of Marriage Act.
3 The court may also relieve the defendant from custody on
4 probation for the period fixed in the order or judgment upon
5 his or her entering into a recognizance, with or without
6 surety, in such sum as the court orders and approves. The
7 condition of the recognizance shall be such that if the
8 defendant makes his or her personal appearance in court
9 whenever ordered to do so by the court, during such period as
10 may be so fixed, and further complies with the terms of the
11 order of support, or of any subsequent modification thereof,
12 then the recognizance shall be void; otherwise in full force
13 and effect.
14 Any new or existing support order entered by the court
15 under this Section shall be deemed to be a series of
16 judgments against the person obligated to pay support
17 thereunder, each such judgment to be in the amount of each
18 payment or installment of support and each such judgment to
19 be deemed entered as of the date the corresponding payment or
20 installment becomes due under the terms of the support order.
21 Each such judgment shall have the full force, effect and
22 attributes of any other judgment of this State, including the
23 ability to be enforced. Any such judgment is subject to
24 modification or termination only in accordance with Section
25 510 of the Illinois Marriage and Dissolution of Marriage Act.
26 A one-time charge of 20% is imposable upon the amount of
27 past-due child support owed on July 1, 1988 which has accrued
28 under a support order entered by the court. The charge shall
29 be imposed in accordance with the provisions of Section 10-21
30 of the Illinois Public Aid Code and shall be enforced by the
31 court upon petition. On and after the effective date of this
32 amendatory Act of 1997, the Attorney General may collect, on
33 behalf of the Illinois Department of Public Aid, any charge
34 imposed in accordance with this paragraph. Nothing in this
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1 amendatory Act of 1997 shall be construed to affect the
2 validity of any charge imposed in accordance with this
3 paragraph.
4 An order for support entered or modified in a case in
5 which a party is receiving child and spouse support services
6 under Article X of the Illinois Public Aid Code or under
7 Sections 7.1 through 7.295 of the Attorney General Act shall
8 include a provision requiring the non-custodial parent to
9 notify the Illinois Department of Public Aid (before the
10 effective date of this amendatory Act of 1997) or the
11 Attorney General (on and after that date), within 7 days, of
12 the name and address of any new employer of the non-custodial
13 parent, whether the non-custodial parent has access to health
14 insurance coverage through the employer or other group
15 coverage, and, if so, the policy name and number and the
16 names of persons covered under the policy.
17 An order for support shall include a date on which the
18 current support obligation terminates. The termination date
19 shall be no earlier than the date on which the child covered
20 by the order will attain the age of majority or is otherwise
21 emancipated. The order for support shall state that the
22 termination date does not apply to any arrearage that may
23 remain unpaid on that date. Nothing in this paragraph shall
24 be construed to prevent the court from modifying the order.
25 (Source: P.A. 88-307.)
26 (750 ILCS 15/4.1) (from Ch. 40, par. 1107.1)
27 Sec. 4.1. Withholding of Income to Secure Payment of
28 Support.
29 (A) Definitions.
30 (1) "Order for support" means any order of the court
31 which provides for periodic payment of funds for the support
32 of a child or maintenance of a spouse, whether temporary or
33 final, and includes any such order which provides for:
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1 (a) Modification or resumption of, or payment of
2 arrearage accrued under, a previously existing order;
3 (b) Reimbursement of support; or
4 (c) Enrollment in a health insurance plan that is
5 available to the obligor through an employer or labor
6 union or trade union.
7 (2) "Arrearage" means the total amount of unpaid support
8 obligations as determined by the court and incorporated into
9 an order for support.
10 (2.5) "Business day" means a day on which State offices
11 are open for regular business.
12 (3) "Delinquency" means any payment under an order for
13 support which becomes due and remains unpaid after entry of
14 the order for support.
15 (4) "Income" means any form of periodic payment to an
16 individual, regardless of source, including, but not limited
17 to: wages, salary, commission, compensation as an independent
18 contractor, workers' compensation, disability, annuity,
19 pension, and retirement benefits, lottery prize awards,
20 insurance proceeds, vacation pay, bonuses, profit-sharing
21 payments, interest, and any other payments, made by any
22 person, private entity, federal or state government, any unit
23 of local government, school district or any entity created by
24 Public Act; however, "income" excludes:
25 (a) Any amounts required by law to be withheld,
26 other than creditor claims, including, but not limited
27 to, federal, State and local taxes, Social Security and
28 other retirement and disability contributions;
29 (b) Union dues;
30 (c) Any amounts exempted by the federal Consumer
31 Credit Protection Act;
32 (d) Public assistance payments; and
33 (e) Unemployment insurance benefits except as
34 provided by law.
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1 Any other State or local laws which limit or exempt
2 income or the amount or percentage of income that can be
3 withheld shall not apply.
4 (5) "Obligor" means the individual who owes a duty to
5 make payments under an order for support.
6 (6) "Obligee" means the individual to whom a duty of
7 support is owed or the individual's legal representative.
8 (7) "Payor" means any payor of income to an obligor.
9 (8) "Public office" means any elected official or any
10 State or local agency which is or may become responsible by
11 law for enforcement of, or which is or may become authorized
12 to enforce, an order for support, including, but not limited
13 to: the Attorney General, the Illinois Department of Public
14 Aid, the Illinois Department of Human Services, the Illinois
15 Department of Children and Family Services, and the various
16 State's Attorneys, Clerks of the Circuit Court and
17 supervisors of general assistance.
18 (9) "Premium" means the dollar amount for which the
19 obligor is liable to his employer or labor union or trade
20 union and which must be paid to enroll or maintain a child in
21 a health insurance plan that is available to the obligor
22 through an employer or labor union or trade union.
23 (B) Entry of Order for Support Containing Income Withholding
24 Provisions; Income Withholding Notice.
25 (1) In addition to any content required under other
26 laws, every order for support entered on or after July 1,
27 1997, shall:
28 (a) Require an income withholding notice to be
29 prepared and served immediately upon any payor of the
30 obligor by the obligee or public office, unless a written
31 agreement is reached between and signed by both parties
32 providing for an alternative arrangement, approved and
33 entered into the record by the court, which ensures
34 payment of support. In that case, the order for support
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1 shall provide that an income withholding notice is to be
2 prepared and served only if the obligor becomes
3 delinquent in paying the order for support; and
4 (b) Contain a dollar amount to be paid until
5 payment in full of any delinquency that accrues after
6 entry of the order for support. The amount for payment
7 of delinquency shall not be less than 20% of the total of
8 the current support amount and the amount to be paid
9 periodically for payment of any arrearage stated in the
10 order for support; and
11 (c) Include the obligor's Social Security Number,
12 which the obligor shall disclose to the court. If the
13 obligor is not a United States citizen, the obligor shall
14 disclose to the court, and the court shall include in the
15 order for support, the obligor's alien registration
16 number, passport number, and home country's social
17 security or national health number, if applicable.
18 (2) At the time the order for support is entered, the
19 Clerk of the Circuit Court shall provide a copy of the order
20 to the obligor and shall make copies available to the obligee
21 and public office.
22 (3) The income withholding notice shall:
23 (a) Be in the standard format prescribed by the
24 federal Department of Health and Human Services; and
25 (b) Direct any payor to withhold the dollar amount
26 required for current support under the order for support;
27 and
28 (c) Direct any payor to withhold the dollar amount
29 required to be paid periodically under the order for
30 support for payment of the amount of any arrearage stated
31 in the order for support; and
32 (d) Direct any payor or labor union or trade union
33 to enroll a child as a beneficiary of a health insurance
34 plan and withhold or cause to be withheld, if applicable,
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1 any required premiums; and
2 (e) State the amount of the payor income
3 withholding fee specified under this Section; and
4 (f) State that the amount actually withheld from
5 the obligor's income for support and other purposes,
6 including the payor withholding fee specified under this
7 Section, may not be in excess of the maximum amount
8 permitted under the federal Consumer Credit Protection
9 Act; and
10 (g) State the duties of the payor and the fines and
11 penalties for failure to withhold and pay over income and
12 for discharging, disciplining, refusing to hire, or
13 otherwise penalizing the obligor because of the duty to
14 withhold and pay over income under this Section; and
15 (h) State the rights, remedies, and duties of the
16 obligor under this Section; and
17 (i) Include the obligor's Social Security Number;
18 and
19 (j) Include the date that withholding for current
20 support terminates, which shall be the date of
21 termination of the current support obligation set forth
22 in the order for support.
23 (4) The accrual of a delinquency as a condition for
24 service of an income withholding notice, under the exception
25 to immediate withholding in paragraph (1) of this subsection,
26 shall apply only to the initial service of an income
27 withholding notice on a payor of the obligor.
28 (5) Notwithstanding the exception to immediate
29 withholding contained in paragraph (1) of this subsection, if
30 the court finds at the time of any hearing that an arrearage
31 has accrued, the court shall order immediate service of an
32 income withholding notice upon the payor.
33 (6) If the order for support, under the exception to
34 immediate withholding contained in paragraph (1) of this
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1 subsection, provides that an income withholding notice is to
2 be prepared and served only if the obligor becomes delinquent
3 in paying the order for support, the obligor may execute a
4 written waiver of that condition and request immediate
5 service on the payor.
6 (7) The obligee or public office may serve the income
7 withholding notice on the payor or its superintendent,
8 manager, or other agent by ordinary mail or certified mail
9 return receipt requested, by facsimile transmission or other
10 electronic means, by personal delivery, or by any method
11 provided by law for service of a summons. At the time of
12 service on the payor and as notice that withholding has
13 commenced, the obligee or public office shall serve a copy of
14 the income withholding notice on the obligor by ordinary mail
15 addressed to his or her last known address. Proofs of
16 service on the payor and the obligor shall be filed with the
17 Clerk of the Circuit Court.
18 (8) At any time after the initial service of an income
19 withholding notice under this Section, any other payor of the
20 obligor may be served with the same income withholding notice
21 without further notice to the obligor.
22 (9) (4) New service of an income order for withholding
23 notice is not required in order to resume withholding of
24 income in the case of an obligor with respect to whom an
25 income order for withholding notice was previously served on
26 the payor if withholding of income was terminated because of
27 an interruption in the obligor's employment of less than 180
28 days.
29 (C) Income Withholding After Accrual of Delinquency.
30 (1) Whenever an obligor accrues a delinquency, the
31 obligee or public office may prepare and serve upon the
32 obligor's payor an income withholding notice that:
33 (a) Contains the information required under
34 paragraph (3) of subsection (B); and
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1 (b) Contains a computation of the period and total
2 amount of the delinquency as of the date of the notice;
3 and
4 (c) Directs the payor to withhold the dollar amount
5 required to be withheld periodically under the order for
6 support for payment of the delinquency.
7 (2) The income withholding notice and the obligor's copy
8 of the income withholding notice shall be served as provided
9 in paragraph (7) of subsection (B).
10 (3) The obligor may contest withholding commenced under
11 this subsection by filing a petition to contest withholding
12 with the Clerk of the Circuit Court within 20 days after
13 service of a copy of the income withholding notice on the
14 obligor. However, the grounds for the petition to contest
15 withholding shall be limited to:
16 (a) A dispute concerning the existence or amount of
17 the delinquency; or
18 (b) The identity of the obligor.
19 The Clerk of the Circuit Court shall notify the obligor
20 and the obligee or public office of the time and place of the
21 hearing on the petition to contest withholding. The court
22 shall hold the hearing pursuant to the provisions of
23 subsection (F).
24 (D) Initiated Withholding.
25 (1) Notwithstanding any other provision of this Section,
26 if the court has not required that income withholding take
27 effect immediately, the obligee or public office may initiate
28 withholding, regardless of whether a delinquency has accrued,
29 by preparing and serving an income withholding notice on the
30 payor that contains the information required under paragraph
31 (3) of subsection (B) and states that the parties' written
32 agreement providing an alternative arrangement to immediate
33 withholding under paragraph (1) of subsection (B) no longer
34 ensures payment of support and the reason or reasons why it
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1 does not.
2 (2) The income withholding notice and the obligor's copy
3 of the income withholding notice shall be served as provided
4 in paragraph (7) of subsection (B).
5 (3) The obligor may contest withholding commenced under
6 this subsection by filing a petition to contest withholding
7 with the Clerk of the Circuit Court within 20 days after
8 service of a copy of the income withholding notice on the
9 obligor. However, the grounds for the petition shall be
10 limited to a dispute concerning:
11 (a) whether the parties' written agreement
12 providing an alternative arrangement to immediate
13 withholding under paragraph (1) of subsection (B)
14 continues to ensure payment of support; or
15 (b) the identity of the obligor.
16 It shall not be grounds for filing a petition that the
17 obligor has made all payments due by the date of the
18 petition.
19 (4) If the obligor files a petition contesting
20 withholding within the 20-day period required under paragraph
21 (3), the Clerk of the Circuit Court shall notify the obligor
22 and the obligee or public office, as appropriate, of the time
23 and place of the hearing on the petition. The court shall
24 hold the hearing pursuant to the provisions of subsection
25 (F). regular or facsimile regular or facsimile
26 (E) Duties of Payor.
27 (1) It shall be the duty of any payor who has been
28 served with an income withholding notice to deduct and pay
29 over income as provided in this subsection. The payor shall
30 deduct the amount designated in the income withholding
31 notice, as supplemented by any notice provided pursuant to
32 paragraph (6) of subsection (G), beginning no later than the
33 next payment of income which is payable or creditable to the
34 obligor that occurs 14 days following the date the income
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1 withholding notice was mailed, sent by facsimile or other
2 electronic means, or placed for personal delivery to or
3 service on the payor. The payor may combine all amounts
4 withheld for the benefit of an obligee or public office into
5 a single payment and transmit the payment with a listing of
6 obligors from whom withholding has been effected. The payor
7 shall pay the amount withheld to the obligee or public office
8 within 7 business days after the date the amount would (but
9 for the duty to withhold income) have been paid or credited
10 to the obligor. If the payor knowingly fails to pay any
11 amount withheld to the obligee or public office within 7
12 business days after the date the amount would have been paid
13 or credited to the obligor, the payor shall pay a penalty of
14 $100 for each day that the withheld amount is not paid to the
15 obligee or public office after the period of 7 business days
16 has expired. The failure of a payor, on more than one
17 occasion, to pay amounts withheld to the obligee or public
18 office within 7 business days after the date the amount would
19 have been paid or credited to the obligor creates a
20 presumption that the payor knowingly failed to pay over the
21 amounts. This penalty, along with any amounts required to be
22 withheld and paid, may be collected in a civil action which
23 may be brought against the payor in favor of the obligee or
24 public office. A finding of a payor's nonperformance within
25 the time required under this Section must be documented by a
26 certified mail return receipt showing the date the income
27 order for withholding notice was served on the payor. For
28 purposes of this Section, a withheld amount shall be
29 considered paid by a payor on the date it is mailed by the
30 payor, or on the date an electronic funds transfer of the
31 amount has been initiated by the payor, or on the date
32 delivery of the amount has been initiated by the payor. For
33 each deduction, the payor shall provide the obligee or public
34 office, at the time of transmittal, with the date the amount
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1 would (but for the duty to withhold income) have been paid or
2 credited to the obligor. The payor shall not be required to
3 vary the normal pay and disbursement cycles in order to
4 comply with this paragraph.
5 Upon receipt of an income withholding notice requiring
6 that a minor child be named as a beneficiary of a health
7 insurance plan available through an employer or labor union
8 or trade union, the employer or labor union or trade union
9 shall immediately enroll the minor child as a beneficiary in
10 the health insurance plan designated by the income
11 withholding notice. The employer shall withhold any required
12 premiums and pay over any amounts so withheld and any
13 additional amounts the employer pays to the insurance carrier
14 in a timely manner. The employer or labor union or trade
15 union shall mail to the obligee, within 15 days of enrollment
16 or upon request, notice of the date of coverage, information
17 on the dependent coverage plan, and all forms necessary to
18 obtain reimbursement for covered health expenses, such as
19 would be made available to a new employee. When an order for
20 dependent coverage is in effect and the insurance coverage is
21 terminated or changed for any reason, the employer or labor
22 union or trade union shall notify the obligee within 10 days
23 of the termination or change date along with notice of
24 conversion privileges.
25 For withholding of income, the payor shall be entitled to
26 receive a fee not to exceed $5 per month or the actual check
27 processing cost to be taken from the income to be paid to the
28 obligor.
29 (2) Whenever the obligor is no longer receiving income
30 from the payor, the payor shall return a copy of the income
31 withholding notice to the obligee or public office and shall
32 provide information for the purpose of enforcing this
33 Section.
34 (3) Withholding of income under this Section shall be
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1 made without regard to any prior or subsequent garnishments,
2 attachments, wage assignments, or any other claims of
3 creditors. Withholding of income under this Section shall
4 not be in excess of the maximum amounts permitted under the
5 federal Consumer Credit Protection Act. If the payor has been
6 served with more than one income withholding notice
7 pertaining to the same obligor, the payor shall allocate
8 income available for withholding on a proportionate share
9 basis, giving priority to current support payments. If there
10 is any income available for withholding after withholding for
11 all current support obligations, the payor shall allocate the
12 income to past due support payments ordered in cases in which
13 cash assistance under the Illinois Public Aid Code is not
14 being provided to the obligee and then to past due support
15 payments ordered in cases in which cash assistance under the
16 Illinois Public Aid Code is being provided to the obligee,
17 both on a proportionate share basis. A payor who complies
18 with an income withholding notice that is regular on its face
19 shall not be subject to civil liability with respect to any
20 individual, any agency, or any creditor of the obligor for
21 conduct in compliance with the notice.
22 (4) No payor shall discharge, discipline, refuse to hire
23 or otherwise penalize any obligor because of the duty to
24 withhold income.
25 (F) Petitions to Contest Withholding or to Modify, Suspend,
26 Terminate, or Correct Income Withholding Notices.
27 (1) When an obligor files a petition to contest
28 withholding, the court, after due notice to all parties,
29 shall hear the matter as soon as practicable and shall enter
30 an order granting or denying relief, ordering service of an
31 amended income withholding notice, where applicable, or
32 otherwise resolving the matter.
33 The court shall deny the obligor's petition if the court
34 finds that when the income withholding notice was mailed,
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1 sent by facsimile transmission or other electronic means, or
2 placed for personal delivery to or service on the payor:
3 (a) A delinquency existed; or
4 (b) The parties' written agreement providing an
5 alternative arrangement to immediate withholding under
6 paragraph (1) of subsection (B) no longer ensured payment
7 of support.
8 (2) At any time, an obligor, obligee, public office or
9 Clerk of the Circuit Court may petition the court to:
10 (a) Modify, suspend or terminate the income
11 withholding notice because of a modification, suspension
12 or termination of the underlying order for support; or
13 (b) Modify the amount of income to be withheld to
14 reflect payment in full or in part of the delinquency or
15 arrearage by income withholding or otherwise; or
16 (c) Suspend the income withholding notice because
17 of inability to deliver income withheld to the obligee
18 due to the obligee's failure to provide a mailing address
19 or other means of delivery.
20 (3) At any time an obligor may petition the court to
21 correct a term contained in an income withholding notice to
22 conform to that stated in the underlying order for support
23 for:
24 (a) The amount of current support;
25 (b) The amount of the arrearage;
26 (c) The periodic amount for payment of the
27 arrearage; or
28 (d) The periodic amount for payment of the
29 delinquency.
30 (4) The obligor, obligee or public office shall serve on
31 the payor, in the manner provided for service of income
32 withholding notices in paragraph (7) of subsection (B), a
33 copy of any order entered pursuant to this subsection that
34 affects the duties of the payor.
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1 (5) At any time, a public office or Clerk of the Circuit
2 Court may serve a notice on the payor to:
3 (a) Cease withholding of income for payment of
4 current support for a child when the support obligation
5 for that child has automatically ceased under the order
6 for support through emancipation or otherwise; or
7 (b) Cease withholding of income for payment of
8 delinquency or arrearage when the delinquency or
9 arrearage has been paid in full.
10 (6) The notice provided for under paragraph (5) of this
11 subsection shall be served on the payor in the manner
12 provided for service of income withholding notices in
13 paragraph (7) of subsection (B), and a copy shall be provided
14 to the obligor and the obligee.
15 (7) The income withholding notice shall continue to be
16 binding upon the payor until service of an amended income
17 withholding notice or any order of the court or notice
18 entered or provided for under this subsection.
19 (G) Additional Duties.
20 (1) An obligee who is receiving income withholding
21 payments under this Section shall notify the payor, if the
22 obligee receives the payments directly from the payor, or the
23 public office or the Clerk of the Circuit Court, as
24 appropriate, of any change of address within 7 days of such
25 change.
26 (2) An obligee who is a recipient of public aid shall
27 send a copy of any income withholding notice served by the
28 obligee to the Attorney General Division of Child Support
29 Enforcement of the Illinois Department of Public Aid.
30 (3) Each obligor shall notify the obligee, the public
31 office, and the Clerk of the Circuit Court of any change of
32 address within 7 days.
33 (4) An obligor whose income is being withheld or who has
34 been served with a notice of delinquency pursuant to this
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1 Section shall notify the obligee, the public office, and the
2 Clerk of the Circuit Court of any new payor, within 7 days.
3 (5) When the Office of the Attorney General Illinois
4 Department of Public Aid is no longer authorized to receive
5 payments for the obligee, it shall, within 7 days, notify the
6 payor or, where appropriate, the Clerk of the Circuit Court,
7 to redirect income withholding payments to the obligee.
8 (6) The obligee or public office shall provide notice to
9 the payor and Clerk of the Circuit Court of any other support
10 payment made, including but not limited to, a set-off under
11 federal and State law or partial payment of the delinquency
12 or arrearage, or both.
13 (7) Any public office and Clerk of the Circuit Court
14 which collects, disburses or receives payments pursuant to
15 income withholding notices shall maintain complete, accurate,
16 and clear records of all payments and their disbursements.
17 Certified copies of payment records maintained by a public
18 office or Clerk of the Circuit Court shall, without further
19 proof, be admitted into evidence in any legal proceedings
20 under this Section.
21 (8) The Illinois Department of Public Aid (before the
22 effective date of this amendatory Act of 1997) or the
23 Attorney General (on and after that date) shall design
24 suggested legal forms for proceeding under this Section and
25 shall make available to the courts such forms and
26 informational materials which describe the procedures and
27 remedies set forth herein for distribution to all parties in
28 support actions.
29 (9) At the time of transmitting each support payment,
30 the clerk of the circuit court shall provide the obligee or
31 public office, as appropriate, with any information furnished
32 by the payor as to the date the amount would (but for the
33 duty to withhold income) have been paid or credited to the
34 obligor.
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1 (H) Penalties.
2 (1) Where a payor wilfully fails to withhold or pay over
3 income pursuant to a properly served income withholding
4 notice, or wilfully discharges, disciplines, refuses to hire
5 or otherwise penalizes an obligor as prohibited by subsection
6 (E), or otherwise fails to comply with any duties imposed by
7 this Section, the obligee, public office or obligor, as
8 appropriate, may file a complaint with the court against the
9 payor. The clerk of the circuit court shall notify the
10 obligee or public office, as appropriate, and the obligor and
11 payor of the time and place of the hearing on the complaint.
12 The court shall resolve any factual dispute including, but
13 not limited to, a denial that the payor is paying or has paid
14 income to the obligor. Upon a finding in favor of the
15 complaining party, the court:
16 (a) Shall enter judgment and direct the enforcement
17 thereof for the total amount that the payor wilfully
18 failed to withhold or pay over; and
19 (b) May order employment or reinstatement of or
20 restitution to the obligor, or both, where the obligor
21 has been discharged, disciplined, denied employment or
22 otherwise penalized by the payor and may impose a fine
23 upon the payor not to exceed $200.
24 (2) Any obligee, public office or obligor who wilfully
25 initiates a false proceeding under this Section or who
26 wilfully fails to comply with the requirements of this
27 Section shall be punished as in cases of contempt of court.
28 (I) Alternative Procedures for Service of an Income
29 Withholding Notice.
30 (1) The procedures of this subsection may be used in any
31 matter to serve an income withholding notice on a payor if:
32 (a) For any reason the most recent order for
33 support entered does not contain the income withholding
34 provisions required under subsection (B), irrespective of
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1 whether a separate order for withholding was entered
2 prior to July 1, 1997; and
3 (b) The obligor has accrued a delinquency after
4 entry of the most recent order for support.
5 (2) The obligee or public office shall prepare and serve
6 the income withholding notice in accordance with the
7 provisions of subsection (C), except that the notice shall
8 contain a periodic amount for payment of the delinquency
9 equal to 20% of the total of the current support amount and
10 the amount to be paid periodically for payment of any
11 arrearage stated in the most recent order for support.
12 (3) If the obligor requests in writing that income
13 withholding become effective prior to the obligor accruing a
14 delinquency under the most recent order for support, the
15 obligee or public office may prepare and serve an income
16 withholding notice on the payor as provided in subsection
17 (B). In addition to filing proofs of service of the income
18 withholding notice on the payor and the obligor, the obligee
19 or public office shall file a copy of the obligor's written
20 request for income withholding with the Clerk of the Circuit
21 Court.
22 (4) All other provisions of this Section shall be
23 applicable with respect to the provisions of this subsection
24 (I).
25 (J) Remedies in Addition to Other Laws.
26 (1) The rights, remedies, duties and penalties created
27 by this Section are in addition to and not in substitution
28 for any other rights, remedies, duties and penalties created
29 by any other law.
30 (2) Nothing in this Section shall be construed as
31 invalidating any assignment of wages or benefits executed
32 prior to January 1, 1984 or any order for withholding served
33 prior to July 1, 1997.
34 (Source: P.A. 89-507, eff. 7-1-97; 90-18, eff. 7-1-97;
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1 90-425, eff. 8-15-97; revised 9-29-97.)
2 (750 ILCS 15/11) (from Ch. 40, par. 1114)
3 Sec. 11. (a) In all cases instituted before the
4 effective date of this amendatory Act of 1997 by the Illinois
5 Department of Public Aid on behalf of a child or spouse,
6 other than one receiving a grant of financial aid under
7 Article IV of The Illinois Public Aid Code, on whose behalf
8 an application has been made and approved for support
9 services as provided by Section 10-1 of that Code, the court
10 shall impose a collection fee on the individual who owes a
11 child or spouse support obligation in an amount equal to 10%
12 of the amount so owed as long as such collection is required
13 by federal law, which fee shall be in addition to the support
14 obligation. The imposition of such fee shall be in
15 accordance with provisions of Title IV, Part D, of the Social
16 Security Act and regulations duly promulgated thereunder.
17 The fee shall be payable to the clerk of the circuit court
18 for transmittal to the Illinois Department of Public Aid and
19 shall continue until support services are terminated by that
20 Department, except as otherwise provided in this subsection.
21 If a collection fee is imposed under this subsection and
22 if, on or after the effective date of this amendatory Act of
23 1997, the child or spouse receives support services under
24 Section 7.5 of the Attorney General Act, the fee shall be
25 payable to the clerk of the circuit court for transmittal to
26 the Attorney General and shall continue until support
27 services are terminated by the Attorney General. Nothing in
28 this amendatory Act of 1997 shall be construed to affect the
29 validity of any collection fee imposed in accordance with the
30 first paragraph of this subsection.
31 (b) In all cases instituted on or after the effective
32 date of this amendatory Act of 1997 by the Attorney General
33 on behalf of a child or spouse, other than one receiving a
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1 grant of financial aid under Article IV of the Illinois
2 Public Aid Code, on whose behalf an application has been made
3 and approved for support services as provided by Section 7.5
4 of the Attorney General Act, the court shall impose a
5 collection fee on the individual who owes a child or spouse
6 support obligation in an amount equal to 10% of the amount so
7 owed as long as such collection is required by federal law,
8 which fee shall be in addition to the support obligation.
9 The imposition of such fee shall be in accordance with
10 provisions of Title IV, Part D, of the Social Security Act
11 and regulations duly promulgated thereunder. The fee shall
12 be payable to the clerk of the circuit court for transmittal
13 to the Attorney General and shall continue until support
14 services are terminated by the Attorney General.
15 (Source: P.A. 82-979.)
16 (750 ILCS 15/12) (from Ch. 40, par. 1115)
17 Sec. 12. (a) Whenever it is determined in a proceeding
18 to establish or enforce a child support or maintenance
19 obligation that the person owing a duty of support is
20 unemployed, the court may order the person to seek employment
21 and report periodically to the court with a diary, listing or
22 other memorandum of his or her efforts in accordance with
23 such order. Additionally, the court may order the unemployed
24 person to report to the Department of Employment Security for
25 job search services or to make application with the local
26 Jobs Training Partnership Act provider for participation in
27 job search, training or work programs and where the duty of
28 support is owed to a child receiving support services under
29 Article X of the Illinois Public Aid Code or under Sections
30 7.1 through 7.295 of the Attorney General Act, as amended,
31 the court may order the unemployed person to report to the
32 Illinois Department of Human Services Public Aid for
33 participation in job search, training or work programs
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1 established under Section 9-6 and Article IXA of the Illinois
2 Public Aid that Code.
3 (b) Whenever it is determined that a person owes
4 past-due support for a child and the parent with whom the
5 child is living, and the child is receiving assistance under
6 the Illinois Public Aid Code, the court shall order the
7 following at the request of the Illinois Department of Public
8 Aid (before the effective date of this amendatory Act of
9 1997) or the Attorney General (on and after that date):
10 (1) that the person pay the past-due support in
11 accordance with a plan approved by the court; or
12 (2) if the person owing past-due support is
13 unemployed, is subject to such a plan, and is not
14 incapacitated, that the person participate in such job
15 search, training, or work programs established under
16 Section 9-6 and Article IXA of the Illinois Public Aid
17 Code as the court deems appropriate.
18 (Source: P.A. 90-18, eff. 7-1-97.)
19 Section 65. The Uniform Interstate Family Support Act is
20 amended by changing Sections 101, 102, 310, and 605 as
21 follows:
22 (750 ILCS 22/101)
23 Sec. 101. Definitions. In this Act:
24 "Child" means an individual, whether over or under the
25 age of 18, who is or is alleged to be owed a duty of support
26 by the individual's parent or who is or is alleged to be the
27 beneficiary of a support order directed to the parent.
28 "Child-support order" means a support order for a child,
29 including a child who has attained the age of 18.
30 "Duty of support" means an obligation imposed or
31 imposable by law to provide support for a child, spouse, or
32 former spouse including an unsatisfied obligation to provide
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1 support.
2 "Home state" means the state in which a child lived with
3 a parent or a person acting as parent for at least 6
4 consecutive months immediately preceding the time of filing
5 of a petition or comparable pleading for support, and if a
6 child is less than 6 months old, the state in which the child
7 lived from birth with any of them. A period of temporary
8 absence of any of them is counted as part of the 6-month or
9 other period.
10 "Income" includes earnings or other periodic entitlements
11 to money from any source and any other property subject to
12 withholding for support under the law of this State.
13 "Income-withholding order" means an order or other legal
14 process directed to an obligor's employer or other debtor, as
15 defined by the Attorney General Act, the Illinois Marriage
16 and Dissolution of Marriage Act, the Non-Support of Spouse
17 and Children Act, the Illinois Public Aid Code, and the
18 Illinois Parentage Act of 1984, to withhold support from the
19 income of the obligor.
20 "Initiating state" means a state from which a proceeding
21 is forwarded or in which a proceeding is filed for forwarding
22 to a responding state under this Act or a law or procedure
23 substantially similar to this Act.
24 "Initiating tribunal" means the authorized tribunal in an
25 initiating state.
26 "Issuing state" means the state in which a tribunal
27 issues a support order or renders a judgment determining
28 parentage.
29 "Issuing tribunal" means the tribunal that issues a
30 support order or renders a judgment determining parentage.
31 "Obligee" means:
32 (i) an individual to whom a duty of support is or
33 is alleged to be owed or in whose favor a support order
34 has been issued or a judgment determining parentage has
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1 been rendered;
2 (ii) a state or political subdivision to which the
3 rights under a duty of support or support order have been
4 assigned or which has independent claims based on
5 financial assistance provided to an individual obligee;
6 or
7 (iii) an individual seeking a judgment determining
8 parentage of the individual's child.
9 "Obligor" means an individual, or the estate of a
10 decedent: (i) who owes or is alleged to owe a duty of
11 support; (ii) who is alleged but has not been adjudicated to
12 be a parent of a child; or (iii) who is liable under a
13 support order.
14 "Register" means to record a support order or judgment
15 determining parentage in the appropriate Registry of Foreign
16 Support Orders.
17 "Registering tribunal" means a tribunal in which a
18 support order is registered.
19 "Responding state" means a state in which a proceeding is
20 filed or to which a proceeding is forwarded for filing from
21 an initiating state under this Act or a law or procedure
22 substantially similar to this Act.
23 "Responding tribunal" means the authorized tribunal in a
24 responding state.
25 "Spousal-support order" means a support order for a
26 spouse or former spouse of the obligor.
27 "State" means a state of the United States, the District
28 of Columbia, Puerto Rico, the United States Virgin Islands,
29 or any territory or insular possession subject to the
30 jurisdiction of the United States. The term includes:
31 (i) an Indian tribe; and
32 (ii) a foreign jurisdiction that has enacted a law
33 or established procedures for issuance and enforcement of
34 support orders which are substantially similar to the
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1 procedures under this Act, the Uniform Reciprocal
2 Enforcement of Support Act, or the Revised Uniform
3 Reciprocal Enforcement of Support Act.
4 "Support enforcement agency" means a public official or
5 agency authorized to seek:
6 (1) enforcement of support orders or laws relating to
7 the duty of support;
8 (2) establishment or modification of child support;
9 (3) determination of parentage; or
10 (4) to locate obligors or their assets.
11 "Support order" means a judgment, decree, or order,
12 whether temporary, final, or subject to modification, for the
13 benefit of a child, a spouse, or a former spouse, which
14 provides for monetary support, health care, arrearages, or
15 reimbursement, and may include related costs and fees,
16 interest, income withholding, attorney's fees, and other
17 relief.
18 "Tribunal" means a court, administrative agency, or
19 quasi-judicial entity authorized to establish, enforce, or
20 modify support orders or to determine parentage.
21 (Source: P.A. 90-240, eff. 7-28-97.)
22 (750 ILCS 22/102)
23 Sec. 102. Tribunal of State. The circuit court is a
24 tribunal of this State. The Illinois Department of Public Aid
25 is an initiating tribunal. The Illinois Department of Public
26 Aid is also a responding tribunal of this State to the extent
27 that it can administratively establish paternity and
28 establish, modify, and enforce an administrative
29 child-support order under authority of Article X of the
30 Illinois Public Aid Code. The Attorney General is an
31 initiating tribunal. The Attorney General is also a
32 responding tribunal of this State to the extent that it can
33 administratively establish paternity and establish, modify,
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1 and enforce an administrative child support order under the
2 authority of the Attorney General Act.
3 (Source: P.A. 90-240, eff. 7-28-97.)
4 (750 ILCS 22/310)
5 Sec. 310. Duties of the state information agency
6 Illinois Department of Public Aid.
7 (a) Before the effective date of this amendatory Act of
8 1997, the Illinois Department of Public Aid is the state
9 information agency under this Act. On and after the
10 effective date of this amendatory Act of 1997, the Attorney
11 General is the state information agency under this Act.
12 (b) The state information agency shall:
13 (1) compile and maintain a current list, including
14 addresses, of the tribunals in this State which have
15 jurisdiction under this Act and any support enforcement
16 agencies in this State and transmit a copy to the state
17 information agency of every other state;
18 (2) maintain a register of tribunals and support
19 enforcement agencies received from other states;
20 (3) forward to the appropriate tribunal in the
21 place in this State in which the individual obligee or
22 the obligor resides, or in which the obligor's property
23 is believed to be located, all documents concerning a
24 proceeding under this Act received from an initiating
25 tribunal or the state information agency of the
26 initiating state; and
27 (4) obtain information concerning the location of
28 the obligor and the obligor's property within this State
29 not exempt from execution, by such means as postal
30 verification and federal or state locator services,
31 examination of telephone directories, requests for the
32 obligor's address from employers, and examination of
33 governmental records, including, to the extent not
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1 prohibited by other law, those relating to real property,
2 vital statistics, law enforcement, taxation, motor
3 vehicles, driver's licenses, and social security.
4 (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
5 by P.A. 88-691.)
6 (750 ILCS 22/605)
7 Sec. 605. Notice of registration of order.
8 (a) When a support order or income-withholding order
9 issued in another state is registered, the registering
10 tribunal shall notify the nonregistering party. The notice
11 must be accompanied by a copy of the registered order and the
12 documents and relevant information accompanying the order.
13 (b) The notice must inform the nonregistering party:
14 (1) that a registered order is enforceable as of
15 the date of registration in the same manner as an order
16 issued by a tribunal of this State;
17 (2) that a hearing to contest the validity or
18 enforcement of the registered order must be requested
19 within 20 days after the date of mailing or personal
20 service of the notice;
21 (3) that failure to contest the validity or
22 enforcement of the registered order in a timely manner
23 will result in confirmation of the order and enforcement
24 of the order and the alleged arrearages and precludes
25 further contest of that order with respect to any matter
26 that could have been asserted; and
27 (4) of the amount of any alleged arrearages.
28 (c) Upon registration of an income-withholding order for
29 enforcement, the registering tribunal shall notify the
30 obligor's employer pursuant to Section 10-16.2 of the
31 Illinois Public Aid Code (before the effective date of this
32 amendatory Act of 1997), Section 7.165 of the Attorney
33 General Act (on and after the effective date of this
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1 amendatory Act of 1997), Section 706.1 of the Illinois
2 Marriage and Dissolution of Marriage Act, Section 4.1 of the
3 Non-Support of Spouse and Children Act, and Section 20 of the
4 Illinois Parentage Act of 1989.
5 (Source: P.A. 90-240, eff. 7-28-97)
6 Section 70. The Expedited Child Support Act of 1990 is
7 amended by changing Section 5 as follows:
8 (750 ILCS 25/5) (from Ch. 40, par. 2705)
9 Sec. 5. Actions subject to Expedited Child Support
10 Hearings.
11 (a) The Chief Judge of each Judicial Circuit that
12 establishes a System shall delegate to the Administrative
13 Hearing Officer the authority to hear the following actions:
14 (1) Petitions for child support and for medical
15 support, pursuant to Section 505.2 of the Illinois
16 Marriage and Dissolution of Marriage Act, for
17 post-judgment dissolution of marriage and post-judgment
18 parentage actions where child support or medical support
19 was reserved or could not be ordered at the time of entry
20 of the judgment because the court lacked personal
21 jurisdiction over the obligor.
22 (2) Petitions for modification of child support and
23 medical support in post-judgment dissolution of marriage
24 and post-judgment parentage actions.
25 (3) Parentage actions, including the establishment
26 of child support orders after parentage has been
27 acknowledged.
28 (4) Actions for the enforcement of any existing
29 order for child support or medical support in
30 post-judgment dissolution of marriage and post-judgment
31 parentage actions.
32 (5) Actions for the establishment of child support
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1 and medical support orders involving parties who are
2 married and living separately, pursuant to Section 402 of
3 the Marriage and Dissolution of Marriage Act.
4 (6) Temporary orders for support in any action in
5 which the custodial parent is a participant in the IV-D
6 program.
7 (7) Any other child support matter provided for in
8 the Plan for the creation of the System approved by the
9 Illinois Supreme Court.
10 (8) Actions brought pursuant to Article X of the
11 Illinois Public Aid Code.
12 (9) Actions brought pursuant to Sections 7.1
13 through 7.295 of the Attorney General Act.
14 (b) Notwithstanding the provisions of subsection (a) of
15 this Section, if the custodial parent is not a participant in
16 the IV-D program and maintenance is in issue, the case shall
17 be presented directly to the court.
18 (c) Except as provided in subsection (b), the Plan may
19 provide that the System be available in pre-judgment
20 proceedings for dissolution of marriage, declaration of
21 invalidity of marriage and legal separation.
22 (Source: P.A. 86-1401.)
23 Section 75. The Illinois Parentage Act of 1984 is
24 amended by changing Sections 4.1, 5, 6, 8, 11, 13, 13.1, 14,
25 15.1, 20, 21, 22, and 23 as follows:
26 (750 ILCS 45/4.1)
27 Sec. 4.1. Administrative paternity determinations.
28 Notwithstanding any other provision of this Act, before the
29 effective date of this amendatory Act of 1997, the Illinois
30 Department of Public Aid may make administrative
31 determinations of paternity and nonpaternity in accordance
32 with Section 10-17.7 of the Illinois Public Aid Code. On and
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1 after that date, the Attorney General may make those
2 determinations in accordance with Section 7.210 of the
3 Attorney General Act. These determinations of paternity or
4 nonpaternity shall have the full force and effect of
5 judgments entered under this Act.
6 (Source: P.A. 88-687, eff. 1-24-95.)
7 (750 ILCS 45/5) (from Ch. 40, par. 2505)
8 Sec. 5. Presumption of Paternity.
9 (a) A man is presumed to be the natural father of a
10 child if:
11 (1) he and the child's natural mother are or have
12 been married to each other, even though the marriage is
13 or could be declared invalid, and the child is born or
14 conceived during such marriage;
15 (2) after the child's birth, he and the child's
16 natural mother have married each other, even though the
17 marriage is or could be declared invalid, and he is
18 named, with his written consent, as the child's father on
19 the child's birth certificate;
20 (3) he and the child's natural mother have signed
21 an acknowledgment of paternity before the effective date
22 of this amendatory Act of 1997 in accordance with rules
23 adopted by the Illinois Department of Public Aid under
24 Section 10-17.7 of the Illinois Public Aid Code or have
25 signed such an acknowledgment on or after that date in
26 accordance with rules adopted by the Attorney General
27 under Section 7.210 of the Attorney General Act; or
28 (4) he and the child's natural mother have signed
29 an acknowledgment of parentage or, if the natural father
30 is someone other than one presumed to be the father under
31 this Section, an acknowledgment of parentage and denial
32 of paternity in accordance with Section 12 of the Vital
33 Records Act.
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1 (b) A presumption under subdivision (a)(1) or (a)(2) of
2 this Section may be rebutted only by clear and convincing
3 evidence. A presumption under subdivision (a)(3) or (a)(4)
4 is conclusive, unless the acknowledgment of parentage is
5 rescinded under the process provided in Section 12 of the
6 Vital Records Act, upon the earlier of:
7 (1) 60 days after the date the acknowledgment of
8 parentage is signed, or
9 (2) the date of an administrative or judicial
10 proceeding relating to the child (including a proceeding
11 to establish a support order) in which the signatory is a
12 party;
13 except that if a minor has signed the acknowledgment of
14 paternity or acknowledgment of parentage and denial of
15 paternity, the presumption becomes conclusive 6 months after
16 the minor reaches majority or is otherwise emancipated.
17 (Source: P.A. 89-641, eff. 8-9-96; 90-18, eff. 7-1-97.)
18 (750 ILCS 45/6) (from Ch. 40, par. 2506)
19 Sec. 6. Establishment of Parent and Child Relationship
20 by Consent of the Parties.
21 (a) A parent and child relationship may be established
22 voluntarily by the signing and witnessing of a voluntary
23 acknowledgment of parentage in accordance with Section 12 of
24 the Vital Records Act or Section 10-17.7 of the Illinois
25 Public Aid Code or Section 7.210 of the Attorney General Act.
26 The voluntary acknowledgment of parentage shall contain the
27 social security numbers of the persons signing the voluntary
28 acknowledgment of parentage; however, failure to include the
29 social security numbers of the persons signing a voluntary
30 acknowledgment of parentage does not invalidate the voluntary
31 acknowledgment of parentage.
32 (b) Notwithstanding any other provisions of this Act,
33 paternity established in accordance with subsection (a) has
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1 the full force and effect of a judgment entered under this
2 Act and serves as a basis for seeking a child support order
3 without any further proceedings to establish paternity.
4 (c) A judicial or administrative proceeding to ratify
5 paternity established in accordance with subsection (a) is
6 neither required nor permitted.
7 (d) A signed acknowledgment of paternity entered under
8 this Act may be challenged in court only on the basis of
9 fraud, duress, or material mistake of fact, with the burden
10 of proof upon the challenging party. Pending outcome of the
11 challenge to the acknowledgment of paternity, the legal
12 responsibilities of the signatories shall remain in full
13 force and effect, except upon order of the court upon a
14 showing of good cause.
15 (e) Once a parent and child relationship is established
16 in accordance with subsection (a), an order for support may
17 be established pursuant to a petition to establish an order
18 for support by consent filed with the clerk of the circuit
19 court. A copy of the properly completed acknowledgment of
20 parentage form shall be attached to the petition. The
21 petition shall ask that the circuit court enter an order for
22 support. The petition may ask that an order for visitation,
23 custody, or guardianship be entered. The filing and
24 appearance fees provided under the Clerks of Courts Act shall
25 be waived for all cases in which an acknowledgment of
26 parentage form has been properly completed by the parties and
27 in which a petition to establish an order for support by
28 consent has been filed with the clerk of the circuit court.
29 This subsection shall not be construed to prohibit filing any
30 petition for child support, visitation, or custody under this
31 Act, the Illinois Marriage and Dissolution of Marriage Act,
32 or the Non-Support of Spouse and Children Act. This
33 subsection shall also not be construed to prevent the
34 establishment of an administrative support order in cases
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1 involving persons receiving child support enforcement
2 services under Article X of the Illinois Public Aid Code or
3 under Sections 7.1 through 7.295 of the Attorney General Act.
4 (Source: P.A. 89-641, eff. 8-9-96; 90-18, eff. 7-1-97.)
5 (750 ILCS 45/8) (from Ch. 40, par. 2508)
6 Sec. 8. Statute of limitations.
7 (a) (1) An action brought by or on behalf of a child, an
8 action brought by a party alleging that he or she is the
9 child's natural parent, or an action brought by the
10 Illinois Department of Public Aid, if it is providing or
11 has provided financial support to the child or if it is
12 assisting with child support collection services, shall
13 be barred if brought later than 2 years after the child
14 reaches the age of majority; however, if the action on
15 behalf of the child is brought by a public agency, other
16 than the Illinois Department of Public Aid if it is
17 providing or has provided financial support to the child
18 or if it is assisting with child support collection
19 services, it shall be barred 2 years after the agency has
20 ceased to provide assistance to the child. This Section
21 also applies to any child for whom paternity has not yet
22 been established and any child for whom a paternity
23 action was previously dismissed under a statute of
24 limitations.
25 (2) Failure to bring an action within 2 years shall
26 not bar any party from asserting a defense in any action
27 to declare the non-existence of the parent and child
28 relationship.
29 (3) An action to declare the non-existence of the
30 parent and child relationship shall be barred if brought
31 later than 2 years after the petitioner obtains knowledge
32 of relevant facts. The 2-year period for bringing an
33 action to declare the nonexistence of the parent and
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1 child relationship shall not extend beyond the date on
2 which the child reaches the age of 18 years. Failure to
3 bring an action within 2 years shall not bar any party
4 from asserting a defense in any action to declare the
5 existence of the parent and child relationship.
6 (b) The time during which any party is not subject to
7 service of process or is otherwise not subject to the
8 jurisdiction of the courts of this State shall toll the
9 aforementioned periods.
10 (c) This Act does not affect the time within which any
11 rights under the Probate Act of 1975 may be asserted beyond
12 the time provided by law relating to distribution and closing
13 of decedent's estates or to the determination of heirship, or
14 otherwise.
15 (Source: P.A. 89-674, eff. 8-14-96; 90-18, eff. 7-1-97.)
16 (750 ILCS 45/11) (from Ch. 40, par. 2511)
17 Sec. 11. Tests to determine inherited characteristics.
18 (a) As soon as practicable, the court or Administrative
19 Hearing Officer in an Expedited Child Support System may, and
20 upon request of a party shall, order or direct the mother,
21 child and alleged father to submit to deoxyribonucleic acid
22 (DNA) tests to determine inherited characteristics. If any
23 party refuses to submit to the tests, the court may resolve
24 the question of paternity against that party or enforce its
25 order if the rights of others and the interests of justice so
26 require.
27 (b) The tests shall be conducted by an expert qualified
28 as an examiner of blood or tissue types and appointed by the
29 court. The expert shall determine the testing procedures.
30 However, any interested party, for good cause shown, in
31 advance of the scheduled tests, may request a hearing to
32 object to the qualifications of the expert or the testing
33 procedures. The expert appointed by the court shall testify
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1 at the pre-test hearing at the expense of the party
2 requesting the hearing, except as provided in subsection (h)
3 of this Section for an indigent party. An expert not
4 appointed by the court shall testify at the pre-test hearing
5 at the expense of the party retaining the expert. Inquiry
6 into an expert's qualifications at the pre-test hearing shall
7 not affect either parties' right to have the expert qualified
8 at trial.
9 For tests conducted at the request of the Attorney
10 General, the Attorney General shall identify and use
11 laboratories that perform, at a reasonable cost, legally and
12 medically acceptable genetic tests that tend to identify the
13 father or exclude the alleged father. The Attorney General
14 shall employ competitive procedures for identifying and using
15 the laboratories. The Attorney General shall make the list of
16 those laboratories available to court and law enforcement
17 officials and, upon request, to the public.
18 (c) The expert shall prepare a written report of the
19 test results. If the test results show that the alleged
20 father is not excluded, the report shall contain a combined
21 paternity index relating to the probability of paternity.
22 The expert may be called by the court as a witness to testify
23 to his or her findings and, if called, shall be subject to
24 cross-examination by the parties. If the test results show
25 that the alleged father is not excluded, any party may
26 demand that other experts, qualified as examiners of blood or
27 tissue types, perform independent tests under order of court,
28 including, but not limited to, blood types or other tests of
29 genetic markers such as those found by Human Leucocyte
30 Antigen (HLA) tests. The results of the tests may be offered
31 into evidence. The number and qualifications of the experts
32 shall be determined by the court.
33 (d) Documentation of the chain of custody of the blood
34 or tissue samples, accompanied by an affidavit or
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1 certification in accordance with Section 1-109 of the Code of
2 Civil Procedure, is competent evidence to establish the chain
3 of custody.
4 (e) The report of the test results prepared by the
5 appointed expert shall be made by affidavit or by
6 certification as provided in Section 1-109 of the Code of
7 Civil Procedure and shall be mailed to all parties. A proof
8 of service shall be filed with the court. The verified
9 report shall be admitted into evidence at trial without
10 foundation testimony or other proof of authenticity or
11 accuracy, unless a written motion challenging the
12 admissibility of the report is filed by either party within
13 28 days of receipt of the report, in which case expert
14 testimony shall be required. A party may not file such a
15 motion challenging the admissibility of the report later than
16 28 days before commencement of trial. Before trial, the court
17 shall determine whether the motion is sufficient to deny
18 admission of the report by verification. Failure to make
19 that timely motion constitutes a waiver of the right to
20 object to admission by verification and shall not be grounds
21 for a continuance of the hearing to determine paternity.
22 (f) Tests taken pursuant to this Section shall have the
23 following effect:
24 (1) If the court finds that the conclusion of the
25 expert or experts, as disclosed by the evidence based
26 upon the tests, is that the alleged father is not the
27 parent of the child, the question of paternity shall be
28 resolved accordingly.
29 (2) If the experts disagree in their findings or
30 conclusions, the question shall be weighed with other
31 competent evidence of paternity.
32 (3) If the tests show that the alleged father is
33 not excluded and that the combined paternity index is
34 less than 500 to 1, this evidence shall be admitted by
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1 the court and shall be weighed with other competent
2 evidence of paternity.
3 (4) If the tests show that the alleged father is
4 not excluded and that the combined paternity index is at
5 least 500 to 1, the alleged father is presumed to be the
6 father, and this evidence shall be admitted. This
7 presumption may be rebutted by clear and convincing
8 evidence.
9 (g) Any presumption of parentage as set forth in Section
10 5 of this Act is rebutted if the court finds that the
11 conclusion of the expert or experts excludes paternity of the
12 presumed father.
13 (h) The expense of the tests shall be paid by the party
14 who requests the tests. Where the tests are requested by the
15 party seeking to establish paternity and that party is found
16 to be indigent by the court, the expense shall be paid by the
17 public agency providing representation; except that where a
18 public agency is not providing representation, the expense
19 shall be paid by the county in which the action is brought.
20 Where the tests are ordered by the court on its own motion or
21 are requested by the alleged or presumed father and that
22 father is found to be indigent by the court, the expense
23 shall be paid by the county in which the action is brought.
24 Any part of the expense may be taxed as costs in the action,
25 except that no costs may be taxed against a public agency
26 that has not requested the tests.
27 (i) The compensation of each expert witness appointed by
28 the court shall be paid as provided in subsection (h) of this
29 Section. Any part of the payment may be taxed as costs in
30 the action, except that no costs may be taxed against a
31 public agency that has not requested the services of the
32 expert witness.
33 (j) Nothing in this Section shall prevent any party from
34 obtaining tests of his or her own blood or tissue independent
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1 of those ordered by the court or from presenting expert
2 testimony interpreting those tests or any other blood tests
3 ordered pursuant to this Section. Reports of all the
4 independent tests, accompanied by affidavit or certification
5 pursuant to Section 1-109 of the Code of Civil Procedure, and
6 notice of any expert witnesses to be called to testify to the
7 results of those tests shall be submitted to all parties at
8 least 30 days before any hearing set to determine the issue
9 of parentage.
10 (Source: P.A. 87-428; 87-435; 88-353; 88-687, eff. 1-24-95.)
11 (750 ILCS 45/13) (from Ch. 40, par. 2513)
12 Sec. 13. Civil Action.
13 (a) An action under this Act is a civil action governed
14 by the provisions of the "Code of Civil Procedure", approved
15 August 19, 1981, as amended, and the Supreme Court rules
16 applicable thereto, except where otherwise specified in this
17 Act.
18 (b) Trial by jury is not available under this Act.
19 (c) Certified copies of the bills for costs incurred for
20 pregnancy, and childbirth, and genetic testing shall be
21 admitted into evidence at judicial or administrative
22 proceedings without requiring third-party foundation
23 testimony and shall constitute prima facie evidence of
24 amounts incurred for those services or for testing on behalf
25 of the child or other proof of authenticity or accuracy.
26 (Source: P.A. 90-18, eff. 7-1-97.)
27 (750 ILCS 45/13.1)
28 Sec. 13.1. Temporary order for child support.
29 Notwithstanding any other law to the contrary, pending the
30 outcome of a judicial determination of parentage, the court
31 shall issue a temporary order for child support, upon motion
32 by a party and a showing of clear and convincing evidence of
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1 paternity based on genetic test results or other evidence.
2 In determining the amount of the temporary child support
3 award, the court shall use the guidelines and standards set
4 forth in subsection (a) of Section 505 and in Section 505.2
5 of the Illinois Marriage and Dissolution of Marriage Act.
6 Any new or existing support order entered by the court
7 under this Section shall be deemed to be a series of
8 judgments against the person obligated to pay support
9 thereunder, each such judgment to be in the amount of each
10 payment or installment of support and each judgment to be
11 deemed entered as of the date the corresponding payment or
12 installment becomes due under the terms of the support order.
13 Each such judgment shall have the full force, effect, and
14 attributes of any other judgment of this State, including the
15 ability to be enforced. Any such judgment is subject to
16 modification or termination only in accordance with Section
17 510 of the Illinois Marriage and Dissolution of Marriage Act.
18 A lien arises by operation of law against the real and
19 personal property of the noncustodial parent for each
20 installment of overdue support owed by the noncustodial
21 parent.
22 All orders for support, when entered or modified, shall
23 include a provision requiring the non-custodial parent to
24 notify the court, and in cases in which a party is receiving
25 child and spouse support services under Article X of the
26 Illinois Public Aid Code or under Sections 7.1 through 7.295
27 of the Attorney General Act, the Illinois Department of
28 Public Aid (before the effective date of this amendatory Act
29 of 1997) or the Attorney General (on and after that date),
30 within 7 days, (i) of the name, address, and telephone number
31 of any new employer of the non-custodial parent, (ii) whether
32 the non-custodial parent has access to health insurance
33 coverage through the employer or other group coverage, and,
34 if so, the policy name and number and the names of persons
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1 covered under the policy, and (iii) of any new residential or
2 mailing address or telephone number of the non-custodial
3 parent.
4 In any subsequent action to enforce a support order, upon
5 sufficient showing that diligent effort has been made to
6 ascertain the location of the non-custodial parent, service
7 of process or provision of notice necessary in that action
8 may be made at the last known address of the non-custodial
9 parent, in any manner expressly provided by the Code of Civil
10 Procedure or in this Act, which service shall be sufficient
11 for purposes of due process.
12 An order for support shall include a date on which the
13 current support obligation terminates. The termination date
14 shall be no earlier than the date on which the child covered
15 by the order will attain the age of majority or is otherwise
16 emancipated. The order for support shall state that the
17 termination date does not apply to any arrearage that may
18 remain unpaid on that date. Nothing in this paragraph shall
19 be construed to prevent the court from modifying the order.
20 (Source: P.A. 90-18, eff. 7-1-97.)
21 (750 ILCS 45/14) (from Ch. 40, par. 2514)
22 Sec. 14. Judgment.
23 (a) (1) The judgment shall contain or explicitly reserve
24 provisions concerning any duty and amount of child support
25 and may contain provisions concerning the custody and
26 guardianship of the child, visitation privileges with the
27 child, the furnishing of bond or other security for the
28 payment of the judgment, which the court shall determine in
29 accordance with the relevant factors set forth in the
30 Illinois Marriage and Dissolution of Marriage Act and any
31 other applicable law of Illinois, to guide the court in a
32 finding in the best interests of the child. In determining
33 custody, joint custody, or visitation, the court shall apply
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1 the relevant standards of the Illinois Marriage and
2 Dissolution of Marriage Act. Specifically, in determining the
3 amount of any child support award, the court shall use the
4 guidelines and standards set forth in subsection (a) of
5 Section 505 and in Section 505.2 of the Illinois Marriage and
6 Dissolution of Marriage Act. For purposes of Section 505 of
7 the Illinois Marriage and Dissolution of Marriage Act, "net
8 income" of the non-custodial parent shall include any
9 benefits available to that person under the Illinois Public
10 Aid Code or from other federal, State or local
11 government-funded programs. The court shall, in any event
12 and regardless of the amount of the non-custodial parent's
13 net income, in its judgment order the non-custodial parent to
14 pay child support to the custodial parent in a minimum amount
15 of not less than $10 per month. In an action brought within 2
16 years after a child's birth, the judgment or order may direct
17 either parent to pay the reasonable expenses incurred by
18 either parent related to the mother's pregnancy and the
19 delivery of the child. The judgment or order shall contain
20 the father's social security number, which the father shall
21 disclose to the court; however, failure to include the
22 father's social security number on the judgment or order does
23 not invalidate the judgment or order.
24 (2) If a judgment of parentage contains no explicit
25 award of custody, the establishment of a support obligation
26 or of visitation rights in one parent shall be considered a
27 judgment granting custody to the other parent. If the
28 parentage judgment contains no such provisions, custody shall
29 be presumed to be with the mother; however, the presumption
30 shall not apply if the father has had physical custody for at
31 least 6 months prior to the date that the mother seeks to
32 enforce custodial rights.
33 (b) The court shall order all child support payments,
34 determined in accordance with such guidelines, to commence
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1 with the date summons is served. The level of current
2 periodic support payments shall not be reduced because of
3 payments set for the period prior to the date of entry of the
4 support order. The Court may order any child support
5 payments to be made for a period prior to the commencement of
6 the action. In determining whether and the extent to which
7 the payments shall be made for any prior period, the court
8 shall consider all relevant facts, including the factors for
9 determining the amount of support specified in the Illinois
10 Marriage and Dissolution of Marriage Act and other equitable
11 factors including but not limited to:
12 (1) The father's prior knowledge of the fact and
13 circumstances of the child's birth.
14 (2) The father's prior willingness or refusal to
15 help raise or support the child.
16 (3) The extent to which the mother or the public
17 agency bringing the action previously informed the father
18 of the child's needs or attempted to seek or require his
19 help in raising or supporting the child.
20 (4) The reasons the mother or the public agency did
21 not file the action earlier.
22 (5) The extent to which the father would be
23 prejudiced by the delay in bringing the action.
24 For purposes of determining the amount of child support
25 to be paid for any period before the date the order for
26 current child support is entered, there is a rebuttable
27 presumption that the father's net income for the prior period
28 was the same as his net income at the time the order for
29 current child support is entered.
30 (c) Any new or existing support order entered by the
31 court under this Section shall be deemed to be a series of
32 judgments against the person obligated to pay support
33 thereunder, each judgment to be in the amount of each payment
34 or installment of support and each such judgment to be deemed
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1 entered as of the date the corresponding payment or
2 installment becomes due under the terms of the support order.
3 Each judgment shall have the full force, effect and
4 attributes of any other judgment of this State, including the
5 ability to be enforced. A lien arises by operation of law
6 against the real and personal property of the noncustodial
7 parent for each installment of overdue support owed by the
8 noncustodial parent.
9 (d) If the judgment or order of the court is at variance
10 with the child's birth certificate, the court shall order
11 that a new birth certificate be issued under the Vital
12 Records Act.
13 (e) On request of the mother and the father, the court
14 shall order a change in the child's name. After hearing
15 evidence the court may stay payment of support during the
16 period of the father's minority or period of disability.
17 (f) If, upon a showing of proper service, the father
18 fails to appear in court, or otherwise appear as provided by
19 law, the court may proceed to hear the cause upon testimony
20 of the mother or other parties taken in open court and shall
21 enter a judgment by default. The court may reserve any order
22 as to the amount of child support until the father has
23 received notice, by regular mail, of a hearing on the matter.
24 (g) A one-time charge of 20% is imposable upon the
25 amount of past-due child support owed on July 1, 1988 which
26 has accrued under a support order entered by the court. The
27 charge shall be imposed in accordance with the provisions of
28 Section 10-21 of the Illinois Public Aid Code and shall be
29 enforced by the court upon petition. On and after the
30 effective date of this amendatory Act of 1997, the Attorney
31 General may collect, on behalf of the Illinois Department of
32 Public Aid, any charge imposed in accordance with this
33 subsection. Nothing in this amendatory Act of 1997 shall be
34 construed to affect the validity of any charge imposed in
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1 accordance with this subsection.
2 (h) All orders for support, when entered or modified,
3 shall include a provision requiring the non-custodial parent
4 to notify the court and, in cases in which party is receiving
5 child and spouse support services under Article X of the
6 Illinois Public Aid Code or under Sections 7.1 through 7.295
7 of the Attorney General Act, the Illinois Department of
8 Public Aid (before the effective date of this amendatory Act
9 of 1997) or the Attorney General (on and after that date),
10 within 7 days, (i) of the name and address of any new
11 employer of the non-custodial parent, (ii) whether the
12 non-custodial parent has access to health insurance coverage
13 through the employer or other group coverage and, if so, the
14 policy name and number and the names of persons covered under
15 the policy, and (iii) of any new residential or mailing
16 address or telephone number of the non-custodial parent. In
17 any subsequent action to enforce a support order, upon a
18 sufficient showing that a diligent effort has been made to
19 ascertain the location of the non-custodial parent, service
20 of process or provision of notice necessary in the case may
21 be made at the last known address of the non-custodial parent
22 in any manner expressly provided by the Code of Civil
23 Procedure or this Act, which service shall be sufficient for
24 purposes of due process.
25 (i) An order for support shall include a date on which
26 the current support obligation terminates. The termination
27 date shall be no earlier than the date on which the child
28 covered by the order will attain the age of majority or is
29 otherwise emancipated. The order for support shall state that
30 the termination date does not apply to any arrearage that may
31 remain unpaid on that date. Nothing in this subsection shall
32 be construed to prevent the court from modifying the order.
33 (Source: P.A. 90-18, eff. 7-1-97.)
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1 (750 ILCS 45/15.1) (from Ch. 40, par. 2515.1)
2 Sec. 15.1. (a) Whenever it is determined in a proceeding
3 to establish or enforce a child support obligation that the
4 person owing a duty of support is unemployed, the court may
5 order the person to seek employment and report periodically
6 to the court with a diary, listing or other memorandum of his
7 or her efforts in accordance with such order. Additionally,
8 the court may order the unemployed person to report to the
9 Department of Employment Security for job search services or
10 to make application with the local Jobs Training Partnership
11 Act provider for participation in job search, training or
12 work programs and where the duty of support is owed to a
13 child receiving support services under Article X of the
14 Illinois Public Aid Code or under Sections 7.1 through 7.295
15 of the Attorney General Act, as amended, the court may order
16 the unemployed person to report to the Illinois Department of
17 Human Services Public Aid for participation in job search,
18 training or work programs established under Section 9-6 and
19 Article IXA of the Illinois Public Aid that Code.
20 (b) Whenever it is determined that a person owes
21 past-due support for a child, and the child is receiving
22 assistance under the Illinois Public Aid Code, the court
23 shall order the following at the request of the Illinois
24 Department of Public Aid (before the effective date of this
25 amendatory Act of 1997) or the Attorney General (on and after
26 that date):
27 (1) that the person pay the past-due support in
28 accordance with a plan approved by the court; or
29 (2) if the person owing past-due support is
30 unemployed, is subject to such a plan, and is not
31 incapacitated, that the person participate in such job
32 search, training, or work programs established under
33 Section 9-6 and Article IXA of the Illinois Public Aid
34 Code as the court deems appropriate.
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1 (Source: P.A. 90-18, eff. 7-1-97.)
2 (750 ILCS 45/20) (from Ch. 40, par. 2520)
3 Sec. 20. Withholding of Income to Secure Payment of
4 Support.
5 (A) Definitions.
6 (1) "Order for support" means any order of the court
7 which provides for periodic payment of funds for the support
8 of a child, whether temporary or final, and includes any such
9 order which provides for:
10 (a) modification or resumption of, or payment of
11 arrearage accrued under, a previously existing order;
12 (b) reimbursement of support;
13 (c) payment or reimbursement of the expense of
14 pregnancy and delivery; or
15 (d) enrollment in a health insurance plan that is
16 available to the obligor through an employer or labor
17 union or trade union.
18 (2) "Arrearage" means the total amount of unpaid support
19 obligations as determined by the court and incorporated into
20 an order for support.
21 (2.5) "Business day" means a day on which State offices
22 are open for regular business.
23 (3) "Delinquency" means any payment under an order for
24 support which becomes due and remains unpaid after entry of
25 the order for support.
26 (4) "Income" means any form of periodic payment to an
27 individual, regardless of source, including, but not limited
28 to: wages, salary, commission, compensation as an independent
29 contractor, workers' compensation, disability, annuity,
30 pension, and retirement benefits, lottery prize awards,
31 insurance proceeds, vacation pay, bonuses, profit-sharing
32 payments, interest, and any other payments, made by any
33 person, private entity, federal or state government, any unit
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1 of local government, school district or any entity created by
2 Public Act; however, "income" excludes:
3 (a) any amounts required by law to be withheld,
4 other than creditor claims, including, but not limited
5 to, federal, State and local taxes, Social Security and
6 other retirement and disability contributions;
7 (b) union dues;
8 (c) any amounts exempted by the federal Consumer
9 Credit Protection Act;
10 (d) public assistance payments; and
11 (e) unemployment insurance benefits except as
12 provided by law.
13 Any other State or local laws which limit or exempt
14 income or the amount or percentage of income that can be
15 withheld shall not apply.
16 (5) "Obligor" means the individual who owes a duty to
17 make payments under an order for support.
18 (6) "Obligee" means the individual to whom a duty of
19 support is owed or the individual's legal representative.
20 (7) "Payor" means any payor of income to an obligor.
21 (8) "Public office" means any elected official or any
22 State or local agency which is or may become responsible by
23 law for enforcement of, or which is or may become authorized
24 to enforce, an order for support, including, but not limited
25 to: the Attorney General, the Illinois Department of Public
26 Aid, the Illinois Department of Human Services, the Illinois
27 Department of Children and Family Services, and the various
28 State's Attorneys, Clerks of the Circuit Court and
29 supervisors of general assistance.
30 (9) "Premium" means the dollar amount for which the
31 obligor is liable to his employer or labor union or trade
32 union and which must be paid to enroll or maintain a child in
33 a health insurance plan that is available to the obligor
34 through an employer or labor union or trade union.
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1 (B) Entry of Order for Support Containing Income Withholding
2 Provisions; Income Withholding Notice.
3 (1) In addition to any content required under other
4 laws, every order for support entered on or after July 1,
5 1997, shall:
6 (a) Require an income withholding notice to be
7 prepared and served immediately upon any payor of the
8 obligor by the obligee or public office, unless a written
9 agreement is reached between and signed by both parties
10 providing for an alternative arrangement, approved and
11 entered into the record by the court, which ensures
12 payment of support. In that case, the order for support
13 shall provide that an income withholding notice is to be
14 prepared and served only if the obligor becomes
15 delinquent in paying the order for support; and
16 (b) Contain a dollar amount to be paid until
17 payment in full of any delinquency that accrues after
18 entry of the order for support. The amount for payment
19 of delinquency shall not be less than 20% of the total of
20 the current support amount and the amount to be paid
21 periodically for payment of any arrearage stated in the
22 order for support; and
23 (c) Include the obligor's Social Security Number,
24 which the obligor shall disclose to the court. If the
25 obligor is not a United States citizen, the obligor shall
26 disclose to the court, and the court shall include in the
27 order for support, the obligor's alien registration
28 number, passport number, and home country's social
29 security or national health number, if applicable.
30 (2) At the time the order for support is entered, the
31 Clerk of the Circuit Court shall provide a copy of the order
32 to the obligor and shall make copies available to the obligee
33 and public office.
34 (3) The income withholding notice shall:
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1 (a) Be in the standard format prescribed by the
2 federal Department of Health and Human Services; and
3 (b) Direct any payor to withhold the dollar amount
4 required for current support under the order for support;
5 and
6 (c) Direct any payor to withhold the dollar amount
7 required to be paid periodically under the order for
8 support for payment of the amount of any arrearage stated
9 in the order for support; and
10 (d) Direct any payor or labor union or trade union
11 to enroll a child as a beneficiary of a health insurance
12 plan and withhold or cause to be withheld, if applicable,
13 any required premiums; and
14 (e) State the amount of the payor income
15 withholding fee specified under this Section; and
16 (f) State that the amount actually withheld from
17 the obligor's income for support and other purposes,
18 including the payor withholding fee specified under this
19 Section, may not be in excess of the maximum amount
20 permitted under the federal Consumer Credit Protection
21 Act; and
22 (g) State the duties of the payor and the fines and
23 penalties for failure to withhold and pay over income and
24 for discharging, disciplining, refusing to hire, or
25 otherwise penalizing the obligor because of the duty to
26 withhold and pay over income under this Section; and
27 (h) State the rights, remedies, and duties of the
28 obligor under this Section; and
29 (i) Include the obligor's Social Security Number;
30 and
31 (j) Include the date that withholding for current
32 support terminates, which shall be the date of
33 termination of the current support obligation set forth
34 in the order for support.
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1 (4) The accrual of a delinquency as a condition for
2 service of an income withholding notice, under the exception
3 to immediate withholding in paragraph (1) of this subsection,
4 shall apply only to the initial service of an income
5 withholding notice on a payor of the obligor.
6 (5) Notwithstanding the exception to immediate
7 withholding contained in paragraph (1) of this subsection, if
8 the court finds at the time of any hearing that an arrearage
9 has accrued, the court shall order immediate service of an
10 income withholding notice upon the payor.
11 (6) If the order for support, under the exception to
12 immediate withholding contained in paragraph (1) of this
13 subsection, provides that an income withholding notice is to
14 be prepared and served only if the obligor becomes delinquent
15 in paying the order for support, the obligor may execute a
16 written waiver of that condition and request immediate
17 service on the payor.
18 (7) The obligee or public office may serve the income
19 withholding notice on the payor or its superintendent,
20 manager, or other agent by ordinary mail or certified mail
21 return receipt requested, by facsimile transmission or other
22 electronic means, by personal delivery, or by any method
23 provided by law for service of a summons. At the time of
24 service on the payor and as notice that withholding has
25 commenced, the obligee or public office shall serve a copy of
26 the income withholding notice on the obligor by ordinary mail
27 addressed to his or her last known address. Proofs of
28 service on the payor and the obligor shall be filed with the
29 Clerk of the Circuit Court.
30 (8) At any time after the initial service of an income
31 withholding notice under this Section, any other payor of the
32 obligor may be served with the same income withholding notice
33 without further notice to the obligor.
34 (9) (4) New service of an income order for withholding
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1 notice is not required in order to resume withholding of
2 income in the case of an obligor with respect to whom an
3 income order for withholding notice was previously served on
4 the payor if withholding of income was terminated because of
5 an interruption in the obligor's employment of less than 180
6 days.
7 (C) Income Withholding After Accrual of Delinquency.
8 (1) Whenever an obligor accrues a delinquency, the
9 obligee or public office may prepare and serve upon the
10 obligor's payor an income withholding notice that:
11 (a) Contains the information required under
12 paragraph (3) of subsection (B); and
13 (b) Contains a computation of the period and total
14 amount of the delinquency as of the date of the notice;
15 and
16 (c) Directs the payor to withhold the dollar amount
17 required to be withheld periodically under the order for
18 support for payment of the delinquency.
19 (2) The income withholding notice and the obligor's copy
20 of the income withholding notice shall be served as provided
21 in paragraph (7) of subsection (B).
22 (3) The obligor may contest withholding commenced under
23 this subsection by filing a petition to contest withholding
24 with the Clerk of the Circuit Court within 20 days after
25 service of a copy of the income withholding notice on the
26 obligor. However, the grounds for the petition to contest
27 withholding shall be limited to:
28 (a) A dispute concerning the existence or amount of
29 the delinquency; or
30 (b) The identity of the obligor.
31 The Clerk of the Circuit Court shall notify the obligor
32 and the obligee or public office of the time and place of the
33 hearing on the petition to contest withholding. The court
34 shall hold the hearing pursuant to the provisions of
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1 subsection (F).
2 (D) Initiated Withholding.
3 (1) Notwithstanding any other provision of this Section,
4 if the court has not required that income withholding take
5 effect immediately, the obligee or public office may initiate
6 withholding, regardless of whether a delinquency has accrued,
7 by preparing and serving an income withholding notice on the
8 payor that contains the information required under paragraph
9 (3) of subsection (B) and states that the parties' written
10 agreement providing an alternative arrangement to immediate
11 withholding under paragraph (1) of subsection (B) no longer
12 ensures payment of support and the reason or reasons why it
13 does not.
14 (2) The income withholding notice and the obligor's copy
15 of the income withholding notice shall be served as provided
16 in paragraph (7) of subsection (B).
17 (3) The obligor may contest withholding commenced under
18 this subsection by filing a petition to contest withholding
19 with the Clerk of the Circuit Court within 20 days after
20 service of a copy of the income withholding notice on the
21 obligor. However, the grounds for the petition shall be
22 limited to a dispute concerning:
23 (a) whether the parties' written agreement
24 providing an alternative arrangement to immediate
25 withholding under paragraph (1) of subsection (B)
26 continues to ensure payment of support; or
27 (b) the identity of the obligor.
28 It shall not be grounds for filing a petition that the
29 obligor has made all payments due by the date of the
30 petition.
31 (4) If the obligor files a petition contesting
32 withholding within the 20-day period required under paragraph
33 (3), the Clerk of the Circuit Court shall notify the obligor
34 and the obligee or public office, as appropriate, of the time
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1 and place of the hearing on the petition. The court shall
2 hold the hearing pursuant to the provisions of subsection
3 (F). regular or facsimile regular or facsimile
4 (E) Duties of Payor.
5 (1) It shall be the duty of any payor who has been
6 served with an income withholding notice to deduct and pay
7 over income as provided in this subsection. The payor shall
8 deduct the amount designated in the income withholding
9 notice, as supplemented by any notice provided pursuant to
10 paragraph (6) of subsection (G), beginning no later than the
11 next payment of income which is payable or creditable to the
12 obligor that occurs 14 days following the date the income
13 withholding notice was mailed, sent by facsimile or other
14 electronic means, or placed for personal delivery to or
15 service on the payor. The payor may combine all amounts
16 withheld for the benefit of an obligee or public office into
17 a single payment and transmit the payment with a listing of
18 obligors from whom withholding has been effected. The payor
19 shall pay the amount withheld to the obligee or public office
20 within 7 business days after the date the amount would (but
21 for the duty to withhold income) have been paid or credited
22 to the obligor. If the payor knowingly fails to pay any
23 amount withheld to the obligee or public office within 7
24 business days after the date the amount would have been paid
25 or credited to the obligor, the payor shall pay a penalty of
26 $100 for each day that the withheld amount is not paid to the
27 obligee or public office after the period of 7 business days
28 has expired. The failure of a payor, on more than one
29 occasion, to pay amounts withheld to the obligee or public
30 office within 7 business days after the date the amount would
31 have been paid or credited to the obligor creates a
32 presumption that the payor knowingly failed to pay over the
33 amounts. This penalty, along with any amounts required to be
34 withheld and paid, may be collected in a civil action which
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1 may be brought against the payor in favor of the obligee or
2 public office. A finding of a payor's nonperformance within
3 the time required under this Section must be documented by a
4 certified mail return receipt showing the date the income
5 order for withholding notice was served on the payor. For
6 purposes of this Section, a withheld amount shall be
7 considered paid by a payor on the date it is mailed by the
8 payor, or on the date an electronic funds transfer of the
9 amount has been initiated by the payor, or on the date
10 delivery of the amount has been initiated by the payor. For
11 each deduction, the payor shall provide the obligee or public
12 office, at the time of transmittal, with the date the amount
13 would (but for the duty to withhold income) have been paid or
14 credited to the obligor. The payor shall not be required to
15 vary the normal pay and disbursement cycles in order to
16 comply with this paragraph.
17 Upon receipt of an income withholding notice requiring
18 that a minor child be named as a beneficiary of a health
19 insurance plan available through an employer or labor union
20 or trade union, the employer or labor union or trade union
21 shall immediately enroll the minor child as a beneficiary in
22 the health insurance plan designated by the income
23 withholding notice. The employer shall withhold any required
24 premiums and pay over any amounts so withheld and any
25 additional amounts the employer pays to the insurance carrier
26 in a timely manner. The employer or labor union or trade
27 union shall mail to the obligee, within 15 days of enrollment
28 or upon request, notice of the date of coverage, information
29 on the dependent coverage plan, and all forms necessary to
30 obtain reimbursement for covered health expenses, such as
31 would be made available to a new employee. When an order for
32 dependent coverage is in effect and the insurance coverage is
33 terminated or changed for any reason, the employer or labor
34 union or trade union shall notify the obligee within 10 days
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1 of the termination or change date along with notice of
2 conversion privileges.
3 For withholding of income, the payor shall be entitled to
4 receive a fee not to exceed $5 per month to be taken from the
5 income to be paid to the obligor.
6 (2) Whenever the obligor is no longer receiving income
7 from the payor, the payor shall return a copy of the income
8 withholding notice to the obligee or public office and shall
9 provide information for the purpose of enforcing this
10 Section.
11 (3) Withholding of income under this Section shall be
12 made without regard to any prior or subsequent garnishments,
13 attachments, wage assignments, or any other claims of
14 creditors. Withholding of income under this Section shall
15 not be in excess of the maximum amounts permitted under the
16 federal Consumer Credit Protection Act. If the payor has been
17 served with more than one income withholding notice
18 pertaining to the same obligor, the payor shall allocate
19 income available for withholding on a proportionate share
20 basis, giving priority to current support payments. If there
21 is any income available for withholding after withholding for
22 all current support obligations, the payor shall allocate the
23 income to past due support payments ordered in cases in which
24 cash assistance under the Illinois Public Aid Code is not
25 being provided to the obligee and then to past due support
26 payments ordered in cases in which cash assistance under the
27 Illinois Public Aid Code is being provided to the obligee,
28 both on a proportionate share basis. A payor who complies
29 with an income withholding notice that is regular on its face
30 shall not be subject to civil liability with respect to any
31 individual, any agency, or any creditor of the obligor for
32 conduct in compliance with the notice.
33 (4) No payor shall discharge, discipline, refuse to hire
34 or otherwise penalize any obligor because of the duty to
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1 withhold income.
2 (F) Petitions to Contest Withholding or to Modify, Suspend,
3 Terminate, or Correct Income Withholding Notices.
4 (1) When an obligor files a petition to contest
5 withholding, the court, after due notice to all parties,
6 shall hear the matter as soon as practicable and shall enter
7 an order granting or denying relief, ordering service of an
8 amended income withholding notice, where applicable, or
9 otherwise resolving the matter.
10 The court shall deny the obligor's petition if the court
11 finds that when the income withholding notice was mailed,
12 sent by facsimile transmission or other electronic means, or
13 placed for personal delivery to or service on the payor:
14 (a) A delinquency existed; or
15 (b) The parties' written agreement providing an
16 alternative arrangement to immediate withholding under
17 paragraph (1) of subsection (B) no longer ensured payment
18 of support.
19 (2) At any time, an obligor, obligee, public office or
20 Clerk of the Circuit Court may petition the court to:
21 (a) modify, suspend or terminate the income
22 withholding notice because of a modification, suspension
23 or termination of the underlying order for support; or
24 (b) modify the amount of income to be withheld to
25 reflect payment in full or in part of the delinquency or
26 arrearage by income withholding or otherwise; or
27 (c) suspend the income withholding notice because
28 of inability to deliver income withheld to the obligee
29 due to the obligee's failure to provide a mailing address
30 or other means of delivery.
31 (3) At any time an obligor may petition the court to
32 correct a term contained in an income withholding notice to
33 conform to that stated in the underlying order for support
34 for:
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1 (a) The amount of current support;
2 (b) The amount of the arrearage;
3 (c) The periodic amount for payment of the
4 arrearage; or
5 (d) The periodic amount for payment of the
6 delinquency.
7 (4) The obligor, obligee or public office shall serve on
8 the payor, in the manner provided for service of income
9 withholding notices in paragraph (7) of subsection (B), a
10 copy of any order entered pursuant to this subsection that
11 affects the duties of the payor.
12 (5) At any time, a public office or Clerk of the Circuit
13 Court may serve a notice on the payor to:
14 (a) Cease withholding of income for payment of
15 current support for a child when the support obligation
16 for that child has automatically ceased under the order
17 for support through emancipation or otherwise; or
18 (b) Cease withholding of income for payment of
19 delinquency or arrearage when the delinquency or
20 arrearage has been paid in full.
21 (6) The notice provided for under paragraph (5) of this
22 subsection shall be served on the payor in the manner
23 provided for service of income withholding notices in
24 paragraph (7) of subsection (B), and a copy shall be provided
25 to the obligor and the obligee.
26 (7) The income withholding notice shall continue to be
27 binding upon the payor until service of an amended income
28 withholding notice or any order of the court or notice
29 entered or provided for under this subsection.
30 (G) Additional Duties.
31 (1) An obligee who is receiving income withholding
32 payments under this Section shall notify the payor, if the
33 obligee receives the payments directly from the payor, or the
34 public office or the Clerk of the Circuit Court, as
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1 appropriate, of any change of address within 7 days of such
2 change.
3 (2) An obligee who is a recipient of public aid shall
4 send a copy of any income withholding notice served by the
5 obligee to the Attorney General Division of Child Support
6 Enforcement of the Illinois Department of Public Aid.
7 (3) Each obligor shall notify the obligee, the public
8 office, and the Clerk of the Circuit Court of any change of
9 address within 7 days.
10 (4) An obligor whose income is being withheld or who has
11 been served with a notice of delinquency pursuant to this
12 Section shall notify the obligee, the public office, and the
13 Clerk of the Circuit Court of any new payor, within 7 days.
14 (5) When the Office of the Attorney General Illinois
15 Department of Public Aid is no longer authorized to receive
16 payments for the obligee, it shall, within 7 days, notify the
17 payor or, where appropriate, the Clerk of the Circuit Court,
18 to redirect income withholding payments to the obligee.
19 (6) The obligee or public office shall provide notice to
20 the payor and Clerk of the Circuit Court of any other support
21 payment made, including but not limited to, a set-off under
22 federal and State law or partial payment of the delinquency
23 or arrearage, or both.
24 (7) Any public office and Clerk of the Circuit Court
25 which collects, disburses or receives payments pursuant to
26 income withholding notices shall maintain complete, accurate,
27 and clear records of all payments and their disbursements.
28 Certified copies of payment records maintained by a public
29 office or Clerk of the Circuit Court shall, without further
30 proof, be admitted into evidence in any legal proceedings
31 under this Section.
32 (8) The Illinois Department of Public Aid (before the
33 effective date of this amendatory Act of 1997) or the
34 Attorney General (on and after that date) shall design
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1 suggested legal forms for proceeding under this Section and
2 shall make available to the courts such forms and
3 informational materials which describe the procedures and
4 remedies set forth herein for distribution to all parties in
5 support actions.
6 (9) At the time of transmitting each support payment,
7 the clerk of the circuit court shall provide the obligee or
8 public office, as appropriate, with any information furnished
9 by the payor as to the date the amount would (but for the
10 duty to withhold income) have been paid or credited to the
11 obligor.
12 (H) Penalties.
13 (1) Where a payor wilfully fails to withhold or pay over
14 income pursuant to a properly served income withholding
15 notice, or wilfully discharges, disciplines, refuses to hire
16 or otherwise penalizes an obligor as prohibited by subsection
17 (E), or otherwise fails to comply with any duties imposed by
18 this Section, the obligee, public office or obligor, as
19 appropriate, may file a complaint with the court against the
20 payor. The clerk of the circuit court shall notify the
21 obligee or public office, as appropriate, and the obligor and
22 payor of the time and place of the hearing on the complaint.
23 The court shall resolve any factual dispute including, but
24 not limited to, a denial that the payor is paying or has paid
25 income to the obligor. Upon a finding in favor of the
26 complaining party, the court:
27 (a) shall enter judgment and order the enforcement
28 thereof for the total amount that the payor wilfully
29 failed to withhold or pay over; and
30 (b) may order employment or reinstatement of or
31 restitution to the obligor, or both, where the obligor
32 has been discharged, disciplined, denied employment or
33 otherwise penalized by the payor and may impose a fine
34 upon the payor not to exceed $200.
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1 (2) Any obligee, public office or obligor who wilfully
2 initiates a false proceeding under this Section or who
3 wilfully fails to comply with the requirements of this
4 Section shall be punished as in cases of contempt of court.
5 (I) Alternative Procedures for Service of an Income
6 Withholding Notice.
7 (1) The procedures of this subsection may be used in any
8 matter to serve an income withholding notice on a payor if:
9 (a) For any reason the most recent order for
10 support entered does not contain the income withholding
11 provisions required under subsection (B), irrespective of
12 whether a separate order for withholding was entered
13 prior to July 1, 1997; and
14 (b) The obligor has accrued a delinquency after
15 entry of the most recent order for support.
16 (2) The obligee or public office shall prepare and serve
17 the income withholding notice in accordance with the
18 provisions of subsection (C), except that the notice shall
19 contain a periodic amount for payment of the delinquency
20 equal to 20% of the total of the current support amount and
21 the amount to be paid periodically for payment of any
22 arrearage stated in the most recent order for support.
23 (3) If the obligor requests in writing that income
24 withholding become effective prior to the obligor accruing a
25 delinquency under the most recent order for support, the
26 obligee or public office may prepare and serve an income
27 withholding notice on the payor as provided in subsection
28 (B). In addition to filing proofs of service of the income
29 withholding notice on the payor and the obligor, the obligee
30 or public office shall file a copy of the obligor's written
31 request for income withholding with the Clerk of the Circuit
32 Court.
33 (4) All other provisions of this Section shall be
34 applicable with respect to the provisions of this subsection
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1 (I).
2 (J) Remedies in Addition to Other Laws.
3 (1) The rights, remedies, duties and penalties created
4 by this Section are in addition to and not in substitution
5 for any other rights, remedies, duties and penalties created
6 by any other law.
7 (2) Nothing in this Section shall be construed as
8 invalidating any assignment of wages or benefits executed
9 prior to July 1, 1985 or any order for withholding served
10 prior to July 1, 1997.
11 (Source: P.A. 89-507, eff. 7-1-97; 90-18, eff. 7-1-97;
12 90-425, eff. 8-15-97; revised 9-29-97.)
13 (750 ILCS 45/21) (from Ch. 40, par. 2521)
14 Sec. 21. Support payments; receiving and disbursing
15 agents.
16 (1) In an action filed in counties of less than 3
17 million population in which an order for child support is
18 entered, and in supplementary proceedings in such counties to
19 enforce or vary the terms of such order arising out of an
20 action filed in such counties, the court, except in actions
21 or supplementary proceedings in which the pregnancy and
22 delivery expenses of the mother or the child support payments
23 are for a recipient of aid under the Illinois Public Aid
24 Code, shall direct that child support payments be made to the
25 clerk of the court unless in the discretion of the court
26 exceptional circumstances warrant otherwise. In cases where
27 payment is to be made to persons other than the clerk of the
28 court the judgment or order of support shall set forth the
29 facts of the exceptional circumstances.
30 (2) In an action filed in counties of 3 million or more
31 population in which an order for child support is entered,
32 and in supplementary proceedings in such counties to enforce
33 or vary the terms of such order arising out of an action
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1 filed date in such counties, the court, except in actions or
2 supplementary proceedings in which the pregnancy and delivery
3 expenses of the mother or the child support payments are for
4 a recipient of aid under the Illinois Public Aid Code, shall
5 direct that child support payments be made either to the
6 clerk of the court or to the Court Service Division of the
7 County Department of Public Aid, or to the clerk of the
8 court, the Attorney General, or to the Illinois Department of
9 Public Aid, unless in the discretion of the court exceptional
10 circumstances warrant otherwise. In such cases where payment
11 is to be made to persons other than the clerk of the court,
12 the Court Service Division of the County Department of Public
13 Aid, or the Illinois Department of Public Aid, the judgment
14 or order of support shall set forth the facts of the
15 exceptional circumstances.
16 (3) Where the action or supplementary proceeding is in
17 behalf of a mother for pregnancy and delivery expenses or for
18 child support, or both, and the mother, child, or both, are
19 recipients of aid under the Illinois Public Aid Code, the
20 court shall order that the payments be made directly to (a)
21 the Attorney General Illinois Department of Public Aid if the
22 mother or child, or both, are recipients under Articles IV or
23 V of the Code, or (b) the local governmental unit responsible
24 for the support of the mother or child, or both, if they are
25 recipients under Articles VI or VII of the Code. In
26 accordance with federal law and regulations, the Attorney
27 General or Illinois Department of Public Aid may continue to
28 collect current maintenance payments or child support
29 payments, or both, after those persons cease to receive
30 public assistance and until termination of services under
31 Article X of the Illinois Public Aid Code or under Sections
32 7.1 through 7.295 of the Attorney General Act. The Attorney
33 General or the Illinois Department of Public Aid shall pay
34 the net amount collected to those persons after deducting any
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1 costs incurred in making the collection or any collection fee
2 from the amount of any recovery made. The Illinois Department
3 of Public Aid, the Attorney General, or the local
4 governmental unit, as the case may be, may direct that
5 payments be made directly to the mother of the child, or to
6 some other person or agency in the child's behalf, upon the
7 removal of the mother and child from the public aid rolls or
8 upon termination of services under Article X of the Illinois
9 Public Aid Code or under Sections 7.1 through 7.295 of the
10 Attorney General Act; and upon such direction, the Illinois
11 Department, the Attorney General, or the local governmental
12 unit, as the case requires, shall give notice of such action
13 to the court in writing or by electronic transmission.
14 (4) All clerks of the court, and the Court Service
15 Division of a County Department of Public Aid, and the
16 Illinois Department of Public Aid, and the Attorney General
17 receiving child support payments under paragraphs (1) or (2)
18 shall disburse the same to the person or persons entitled
19 thereto under the terms of the order. They shall establish
20 and maintain clear and current records of all moneys received
21 and disbursed and of defaults and delinquencies in required
22 payments. The court, by order or rule, shall make provision
23 for the carrying out of these duties.
24 In cases in which a party is receiving child and spouse
25 support services under Article X of the Illinois Public Aid
26 Code or under Sections 7.1 through 7.295 of the Attorney
27 General Act and the order for support provides that child
28 support payments be made to the obligee, the Illinois
29 Department of Public Aid (before the effective date of this
30 amendatory Act of 1997) or the Attorney General (on and after
31 that date) may provide notice to the obligor and the
32 obligor's payor, when income withholding is in effect under
33 Section 20 of this Act, to make all payments after receipt of
34 the Department's or Attorney General's notice to the clerk of
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1 the court until further notice by the Department or the
2 Attorney General or order of the court. Copies of the notice
3 shall be provided to the obligee and the clerk. The clerk's
4 copy shall contain a proof of service on the obligor and the
5 obligor's payor, where applicable. The clerk shall file the
6 clerk's copy of the notice in the court file. The notice to
7 the obligor and the payor, if applicable, may be sent by
8 ordinary mail, certified mail, return receipt requested,
9 facsimile transmission, or other electronic process, or may
10 be served upon the obligor or payor using any method provided
11 by law for service of a summons. An obligor who fails to
12 comply with a notice provided under this paragraph is guilty
13 of a Class B misdemeanor. A payor who fails to comply with a
14 notice provided under this paragraph is guilty of a business
15 offense and subject to a fine of up to $1,000.
16 Upon notification in writing or by electronic
17 transmission from the Illinois Department of Public Aid
18 (before the effective date of this amendatory Act of 1997) or
19 the Attorney General (on and after that date) to the clerk of
20 the court that a person who is receiving support payments
21 under this Section is receiving services under the Child
22 Support Enforcement Program established by Title IV-D of the
23 Social Security Act, any support payments subsequently
24 received by the clerk of the court shall be transmitted in
25 accordance with the instructions of the Illinois Department
26 of Public Aid or the Attorney General until the Department or
27 the Attorney General gives notice to the clerk of the court
28 to cease the transmittal. After providing the notification
29 authorized under this paragraph, the Illinois Department of
30 Public Aid (before the effective date of this amendatory Act
31 of 1997) or the Attorney General (on and after that date)
32 shall be entitled as a party to notice of any further
33 proceedings in the case. The clerk of the court shall file a
34 copy of the Illinois Department of Public Aid's or Attorney
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1 General's notification in the court file. The failure of the
2 clerk to file a copy of the notification in the court file
3 shall not, however, affect the Illinois Department of Public
4 Aid's or Attorney General's right to receive notice of
5 further proceedings.
6 Payments under this Section to the Illinois Department of
7 Public Aid or the Attorney General pursuant to the Child
8 Support Enforcement Program established by Title IV-D of the
9 Social Security Act shall be paid into the Child Support
10 Enforcement Trust Fund. All other payments under this
11 Section to the Illinois Department of Public Aid shall be
12 deposited in the Public Assistance Recoveries Trust Fund.
13 Disbursement from these funds shall be as provided in the
14 Illinois Public Aid Code. Payments received by a local
15 governmental unit shall be deposited in that unit's General
16 Assistance Fund.
17 (5) The moneys received by persons or agencies
18 designated by the court shall be disbursed by them in
19 accordance with the order. However, the court, on petition
20 of the state's attorney or the Attorney General, may enter
21 new orders designating the clerk of the court, the Attorney
22 General, or the Illinois Department of Public Aid, as the
23 person or agency authorized to receive and disburse child
24 support payments and, in the case of recipients of public
25 aid, the court, on petition of the Attorney General or
26 State's Attorney, shall direct subsequent payments to be paid
27 to the Illinois Department of Public Aid, the Attorney
28 General, or to the appropriate local governmental unit, as
29 provided in paragraph (3). Payments of child support by
30 principals or sureties on bonds, or proceeds of any sale for
31 the enforcement of a judgment shall be made to the clerk of
32 the court, the Illinois Department of Public Aid, the
33 Attorney General, or the appropriate local governmental unit,
34 as the respective provisions of this Section require.
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1 (6) For those cases in which child support is payable to
2 the clerk of the circuit court for transmittal to the
3 Illinois Department of Public Aid or the Attorney General by
4 order of court or upon notification by the Illinois
5 Department of Public Aid or the Attorney General, the clerk
6 shall transmit all such payments, within 4 working days of
7 receipt, to ensure insure that funds are available for
8 immediate distribution by the Department or the Attorney
9 General to the person or entity entitled thereto in
10 accordance with standards of the Child Support Enforcement
11 Program established under Title IV-D of the Social Security
12 Act. The clerk shall notify the Department or the Attorney
13 General of the date of receipt and amount thereof at the time
14 of transmittal. Where the clerk has entered into an
15 agreement of cooperation with the Department or the Attorney
16 General to record the terms of child support orders and
17 payments made thereunder directly into the IV-D Agency's
18 Department's automated data processing system, the clerk
19 shall account for, transmit and otherwise distribute child
20 support payments in accordance with such agreement in lieu of
21 the requirements contained herein.
22 (Source: P.A. 90-18, eff. 7-1-97.)
23 (750 ILCS 45/22) (from Ch. 40, par. 2522)
24 Sec. 22. (a) In all cases instituted before the
25 effective date of this amendatory Act of 1997 by the Illinois
26 Department of Public Aid on behalf of a child or spouse,
27 other than one receiving a grant of financial aid under
28 Article IV of The Illinois Public Aid Code, on whose behalf
29 an application has been made and approved for support
30 services as provided by Section 10-1 of that Code, the court
31 shall impose a collection fee on the individual who owes a
32 child or spouse support obligation in an amount equal to 10%
33 of the amount so owed as long as such collection is required
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1 by federal law, which fee shall be in addition to the support
2 obligation. The imposition of such fee shall be in
3 accordance with provisions of Title IV, Part D, of the Social
4 Security Act and regulations duly promulgated thereunder.
5 The fee shall be payable to the clerk of the circuit court
6 for transmittal to the Illinois Department of Public Aid and
7 shall continue until support services are terminated by that
8 Department, except as otherwise provided in this subsection.
9 If a collection fee is imposed under this subsection and
10 if, on or after the effective date of this amendatory Act of
11 1997, the child or spouse receives support services under
12 Section 7.5 of the Attorney General Act, the fee shall be
13 payable to the clerk of the circuit court for transmittal to
14 the Attorney General and shall continue until support
15 services are terminated by the Attorney General. Nothing in
16 this amendatory Act of 1997 shall be construed to affect the
17 validity of any collection fee imposed in accordance with the
18 first paragraph of this subsection.
19 (b) In all cases instituted on or after the effective
20 date of this amendatory Act of 1997 by the Attorney General
21 on behalf of a child or spouse, other than one receiving a
22 grant of financial aid under Article IV of the Illinois
23 Public Aid Code, on whose behalf an application has been made
24 and approved for support services as provided by Section 7.5
25 of the Attorney General Act, the court shall impose a
26 collection fee on the individual who owes a child or spouse
27 support obligation in an amount equal to 10% of the amount so
28 owed as long as such collection is required by federal law,
29 which fee shall be in addition to the support obligation.
30 The imposition of such fee shall be in accordance with
31 provisions of Title IV, Part D, of the Social Security Act
32 and regulations duly promulgated thereunder. The fee shall
33 be payable to the clerk of the circuit court for transmittal
34 to the Attorney General and shall continue until support
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1 services are terminated by the Attorney General.
2 (Source: P.A. 83-1372.)
3 (750 ILCS 45/23) (from Ch. 40, par. 2523)
4 Sec. 23. Notice to Clerk of Circuit Court of Payment
5 Received by Illinois Department of Public Aid or Attorney
6 General for Recording. For those cases in which support is
7 payable to the clerk of the circuit court for transmittal to
8 the Illinois Department of Public Aid by order of court, and
9 the Illinois Department of Public Aid or the Attorney General
10 collects support by assignment offset, withhold, deduction or
11 other process permitted by law, the Illinois Department of
12 Public Aid or the Attorney General shall notify the clerk of
13 the date and amount of such collection. Upon notification,
14 the clerk shall record the collection on the payment record
15 for the case.
16 (Source: P.A. 83-1372.)
17 Section 80. The Unemployment Insurance Act is amended by
18 changing Section 1300 as follows:
19 (820 ILCS 405/1300) (from Ch. 48, par. 540)
20 Sec. 1300. Waiver or transfer of benefit rights -
21 Partial exemption.
22 (A) Except as otherwise provided herein any agreement by
23 an individual to waive, release or commute his rights under
24 this Act shall be void.
25 (B) Benefits due under this Act shall not be assigned,
26 pledged, encumbered, released or commuted and shall be exempt
27 from all claims of creditors and from levy, execution and
28 attachment or other remedy for recovery or collection of a
29 debt. However, nothing in this Section shall prohibit a
30 specified or agreed upon deduction from benefits by an
31 individual, or a court or administrative order for
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1 withholding of income, for payment of past due child support
2 from being enforced and collected by the Attorney General
3 Department of Public Aid on behalf of persons receiving a
4 grant of financial aid under Article IV of The Illinois
5 Public Aid Code, persons for whom an application has been
6 made and approved for support services under Section 7.5 of
7 the Attorney General Act 10-1 of such Code, or persons
8 similarly situated and receiving like support services in
9 other states. It is provided that:
10 (1) The aforementioned deduction of benefits and
11 order for withholding of income apply only if appropriate
12 arrangements have been made for reimbursement to the
13 Director by the Attorney General Department of Public Aid
14 for any administrative costs incurred by the Director
15 under this Section.
16 (2) The Director shall deduct and withhold from
17 benefits payable under this Act, or under any arrangement
18 for the payment of benefits entered into by the Director
19 pursuant to the powers granted under Section 2700 of this
20 Act, the amount specified or agreed upon. In the case of
21 a court or administrative order for withholding of
22 income, the Director shall withhold the amount of the
23 order.
24 (3) Any amount deducted and withheld by the
25 Director shall be paid to the Attorney General Department
26 of Public Aid on behalf of the individual.
27 (4) Any amount deducted and withheld under
28 subsection (3) shall for all purposes be treated as if it
29 were paid to the individual as benefits and paid by such
30 individual to the Attorney General Department of Public
31 Aid in satisfaction of the individual's child support
32 obligations.
33 (5) For the purpose of this Section, child support
34 is defined as those obligations which are being enforced
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1 pursuant to a plan described in Title IV, Part D, Section
2 454 of the Social Security Act and approved by the
3 Secretary of Health and Human Services.
4 (6) The deduction of benefits and order for
5 withholding of income for child support shall be governed
6 by Titles III and IV of the Social Security Act and all
7 regulations duly promulgated thereunder.
8 (C) Nothing in this Section prohibits an individual from
9 voluntarily electing to have federal income tax deducted and
10 withheld from his or her unemployment insurance benefit
11 payments.
12 (1) The Director shall, at the time that an
13 individual files his or her claim for benefits that
14 establishes his or her benefit year, inform the
15 individual that:
16 (a) unemployment insurance is subject to
17 federal, State, and local income taxes;
18 (b) requirements exist pertaining to estimated
19 tax payments;
20 (c) the individual may elect to have federal
21 income tax deducted and withheld from his or her
22 payments of unemployment insurance in the amount
23 specified in the federal Internal Revenue Code; and
24 (d) the individual is permitted to change a
25 previously elected withholding status no more than
26 once each calendar year.
27 (2) Amounts deducted and withheld from unemployment
28 insurance shall remain in the unemployment fund until
29 transferred to the federal taxing authority as a payment
30 of income tax.
31 (3) The Director shall follow all procedures
32 specified by the United States Department of Labor and
33 the federal Internal Revenue Service pertaining to the
34 deducting and withholding of income tax.
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1 (4) Amounts shall be deducted and withheld in
2 accordance with the priorities established in rules
3 promulgated by the Director.
4 (D) Nothing in this Section prohibits an individual from
5 voluntarily electing to have State of Illinois income tax
6 deducted and withheld from his or her unemployment insurance
7 benefit payments if such deduction and withholding is
8 provided for pursuant to rules promulgated by the Director.
9 (1) If pursuant to rules promulgated by the
10 Director, an individual may voluntarily elect to have
11 State of Illinois income tax deducted and withheld from
12 his or her unemployment insurance benefit payments, the
13 Director shall, at the time that an individual files his
14 or her claim for benefits that establishes his or her
15 benefit year, in addition to providing the notice
16 required under subsection C, inform the individual that:
17 (a) the individual may elect to have State of
18 Illinois income tax deducted and withheld from his
19 or her payments of unemployment insurance in the
20 amount specified pursuant to rules promulgated by
21 the Director; and
22 (b) the individual is permitted to change a
23 previously elected withholding status no more than
24 once each calendar year.
25 (2) Amounts deducted and withheld from unemployment
26 insurance shall remain in the unemployment fund until
27 transferred to the Department of Revenue as a payment of
28 State of Illinois income tax.
29 (3) Amounts shall be deducted and withheld in
30 accordance with the priorities established in rules
31 promulgated by the Director.
32 (E) Nothing in this Section prohibits the deduction and
33 withholding of an uncollected overissuance of food stamp
34 coupons from unemployment insurance benefits pursuant to this
HB2359 Engrossed -241- LRB9007364SMdv
1 subsection (E).
2 (1) At the time that an individual files a claim
3 for benefits that establishes his or her benefit year,
4 that individual must disclose whether or not he or she
5 owes an uncollected overissuance (as defined in Section
6 13(c)(1) of the federal Food Stamp Act of 1977) of food
7 stamp coupons. The Director shall notify the State food
8 stamp agency enforcing such obligation of any individual
9 who discloses that he or she owes an uncollected
10 overissuance of food stamp coupons and who meets the
11 monetary eligibility requirements of subsection E of
12 Section 500.
13 (2) The Director shall deduct and withhold from any
14 unemployment insurance benefits payable to an individual
15 who owes an uncollected overissuance of food stamp
16 coupons:
17 (a) the amount specified by the individual to
18 the Director to be deducted and withheld under this
19 subsection (E);
20 (b) the amount (if any) determined pursuant to
21 an agreement submitted to the State food stamp
22 agency under Section 13(c)(3)(A) of the federal Food
23 Stamp Act of 1977; or
24 (c) any amount otherwise required to be
25 deducted and withheld from unemployment insurance
26 benefits pursuant to Section 13(c)(3)(B) of the
27 federal Food Stamp Act of 1977.
28 (3) Any amount deducted and withheld pursuant to
29 this subsection (E) shall be paid by the Director to the
30 State food stamp agency.
31 (4) Any amount deducted and withheld pursuant to
32 this subsection (E) shall for all purposes be treated as
33 if it were paid to the individual as unemployment
34 insurance benefits and paid by the individual to the
HB2359 Engrossed -242- LRB9007364SMdv
1 State food stamp agency as repayment of the individual's
2 uncollected overissuance of food stamp coupons.
3 (5) For purposes of this subsection (E),
4 "unemployment insurance benefits" means any compensation
5 payable under this Act including amounts payable by the
6 Director pursuant to an agreement under any federal law
7 providing for compensation, assistance, or allowances
8 with respect to unemployment.
9 (6) This subsection (E) applies only if
10 arrangements have been made for reimbursement by the
11 State food stamp agency for the administrative costs
12 incurred by the Director under this subsection (E) which
13 are attributable to the repayment of uncollected
14 overissuances of food stamp coupons to the State food
15 stamp agency.
16 (Source: P.A. 89-446, eff. 1-1-97; 90-425, eff. 8-15-97.)
17 Section 99. Effective date. This Act takes effect on
18 July 1, 1998.
HB2359 Engrossed -243- LRB9007364SMdv
1 INDEX
2 Statutes amended in order of appearance
3 5 ILCS 405/10
4 15 ILCS 205/7.1 new
5 15 ILCS 205/7.5 new
6 15 ILCS 205/7.10 new
7 15 ILCS 205/7.15 new
8 15 ILCS 205/7.20 new
9 15 ILCS 205/7.25 new
10 15 ILCS 205/7.27 new
11 15 ILCS 205/7.28 new
12 15 ILCS 205/7.30 new
13 15 ILCS 205/7.35 new
14 15 ILCS 205/7.40 new
15 15 ILCS 205/7.45 new
16 15 ILCS 205/7.50 new
17 15 ILCS 205/7.52 new
18 15 ILCS 205/7.55 new
19 15 ILCS 205/7.60 new
20 15 ILCS 205/7.65 new
21 15 ILCS 205/7.70 new
22 15 ILCS 205/7.75 new
23 15 ILCS 205/7.80 new
24 15 ILCS 205/7.85 new
25 15 ILCS 205/7.90 new
26 15 ILCS 205/7.95 new
27 15 ILCS 205/7.100 new
28 15 ILCS 205/7.105 new
29 15 ILCS 205/7.110 new
30 15 ILCS 205/7.115 new
31 15 ILCS 205/7.120 new
32 15 ILCS 205/7.125 new
33 15 ILCS 205/7.130 new
34 15 ILCS 205/7.135 new
HB2359 Engrossed -244- LRB9007364SMdv
1 15 ILCS 205/7.140 new
2 15 ILCS 205/7.145 new
3 15 ILCS 205/7.150 new
4 15 ILCS 205/7.155 new
5 15 ILCS 205/7.160 new
6 15 ILCS 205/7.165 new
7 15 ILCS 205/7.170 new
8 15 ILCS 205/7.172 new
9 15 ILCS 205/7.175 new
10 15 ILCS 205/7.180 new
11 15 ILCS 205/7.185 new
12 15 ILCS 205/7.190 new
13 15 ILCS 205/7.195 new
14 15 ILCS 205/7.200 new
15 15 ILCS 205/7.205 new
16 15 ILCS 205/7.210 new
17 15 ILCS 205/7.215 new
18 15 ILCS 205/7.220 new
19 15 ILCS 205/7.221 new
20 15 ILCS 205/7.223 new
21 15 ILCS 205/7.225 new
22 15 ILCS 205/7.230 new
23 15 ILCS 205/7.235 new
24 15 ILCS 205/7.240 new
25 15 ILCS 205/7.245 new
26 15 ILCS 205/7.250 new
27 15 ILCS 205/7.255 new
28 15 ILCS 205/7.260 new
29 15 ILCS 205/7.265 new
30 15 ILCS 205/7.270 new
31 15 ILCS 205/7.275 new
32 15 ILCS 205/7.280 new
33 15 ILCS 205/7.285 new
34 15 ILCS 205/7.290 new
HB2359 Engrossed -245- LRB9007364SMdv
1 15 ILCS 205/7.295 new
2 5 ILCS 100/10-65 from Ch. 127, par. 1010-65
3 5 ILCS 220/3 from Ch. 127, par. 743
4 20 ILCS 1020/35
5 20 ILCS 2105/60 from Ch. 127, par. 60
6 20 ILCS 2505/39b52
7 305 ILCS 5/10-1.5 new
8 305 ILCS 5/10-21 from Ch. 23, par. 10-21
9 305 ILCS 5/12-4.7c
10 305 ILCS 5/12-4.31
11 305 ILCS 5/12-10.2 from Ch. 23, par. 12-10.2
12 305 ILCS 5/12-16 from Ch. 23, par. 12-16
13 305 ILCS 5/10-1 rep.
14 305 ILCS 5/10-2 rep.
15 305 ILCS 5/10-3 rep.
16 305 ILCS 5/10-3.1 rep.
17 305 ILCS 5/10-3.2 rep.
18 305 ILCS 5/10-3.3 rep.
19 305 ILCS 5/10-3.4 rep.
20 305 ILCS 5/10-4 rep.
21 305 ILCS 5/10-5 rep.
22 305 ILCS 5/10-6 rep.
23 305 ILCS 5/10-7 rep.
24 305 ILCS 5/10-8 rep.
25 305 ILCS 5/10-8.1 rep.
26 305 ILCS 5/10-9 rep.
27 305 ILCS 5/10-10 rep.
28 305 ILCS 5/10-10.1 rep.
29 305 ILCS 5/10-10.2 rep.
30 305 ILCS 5/10-10.3 rep.
31 305 ILCS 5/10-11 rep.
32 305 ILCS 5/10-11.1 rep.
33 305 ILCS 5/10-12 rep.
34 305 ILCS 5/10-13 rep.
HB2359 Engrossed -246- LRB9007364SMdv
1 305 ILCS 5/10-13.1 rep.
2 305 ILCS 5/10-13.2 rep.
3 305 ILCS 5/10-13.3 rep.
4 305 ILCS 5/10-13.4 rep.
5 305 ILCS 5/10-13.5 rep.
6 305 ILCS 5/10-13.6 rep.
7 305 ILCS 5/10-13.7 rep.
8 305 ILCS 5/10-13.8 rep.
9 305 ILCS 5/10-13.9 rep.
10 305 ILCS 5/10-13.10 rep.
11 305 ILCS 5/10-14 rep.
12 305 ILCS 5/10-15 rep.
13 305 ILCS 5/10-16 rep.
14 305 ILCS 5/10-16.2 rep.
15 305 ILCS 5/10-16.3 rep.
16 305 ILCS 5/10-17 rep.
17 305 ILCS 5/10-17.1 rep.
18 305 ILCS 5/10-17.2 rep.
19 305 ILCS 5/10-17.3 rep.
20 305 ILCS 5/10-17.4 rep.
21 305 ILCS 5/10-17.5 rep.
22 305 ILCS 5/10-17.6 rep.
23 305 ILCS 5/10-17.7 rep.
24 305 ILCS 5/10-17.8 rep.
25 305 ILCS 5/10-17.9 rep.
26 305 ILCS 5/10-17.11 rep.
27 305 ILCS 5/10-18 rep.
28 305 ILCS 5/10-19 rep.
29 305 ILCS 5/10-20 rep.
30 305 ILCS 5/10-22 rep.
31 305 ILCS 5/10-23 rep.
32 305 ILCS 5/10-24 rep.
33 305 ILCS 5/10-24.5 rep.
34 305 ILCS 5/10-24.30 rep.
HB2359 Engrossed -247- LRB9007364SMdv
1 305 ILCS 5/10-24.35 rep.
2 305 ILCS 5/10-24.40 rep.
3 305 ILCS 5/10-24.45 rep.
4 305 ILCS 5/10-24.50 rep.
5 305 ILCS 5/10-25 rep.
6 305 ILCS 5/10-25.5 rep.
7 305 ILCS 5/12-4.3 rep.
8 410 ILCS 535/12 from Ch. 111 1/2, par. 73-12
9 410 ILCS 535/17 from Ch. 111 1/2, par. 73-17
10 410 ILCS 535/22 from Ch. 111 1/2, par. 73-22
11 515 ILCS 5/20-105 from Ch. 56, par. 20-105
12 520 ILCS 5/3.36 from Ch. 61, par. 3.36
13 625 ILCS 5/7-701
14 625 ILCS 5/7-702
15 625 ILCS 5/7-702.1
16 625 ILCS 5/7-703
17 625 ILCS 5/7-704
18 625 ILCS 5/7-705
19 625 ILCS 5/7-706
20 625 ILCS 5/7-707
21 625 ILCS 5/7-708
22 705 ILCS 205/1 from Ch. 13, par. 1
23 750 ILCS 5/505 from Ch. 40, par. 505
24 750 ILCS 5/505.1 from Ch. 40, par. 505.1
25 750 ILCS 5/505.2 from Ch. 40, par. 505.2
26 750 ILCS 5/507 from Ch. 40, par. 507
27 750 ILCS 5/510 from Ch. 40, par. 510
28 750 ILCS 5/516 from Ch. 40, par. 516
29 750 ILCS 5/705 from Ch. 40, par. 705
30 750 ILCS 5/706.1 from Ch. 40, par. 706.1
31 750 ILCS 5/709 from Ch. 40, par. 709
32 750 ILCS 5/712 from Ch. 40, par. 712
33 750 ILCS 15/2.1 from Ch. 40, par. 1105
34 750 ILCS 15/3 from Ch. 40, par. 1106
HB2359 Engrossed -248- LRB9007364SMdv
1 750 ILCS 15/4 from Ch. 40, par. 1107
2 750 ILCS 15/4.1 from Ch. 40, par. 1107.1
3 750 ILCS 15/11 from Ch. 40, par. 1114
4 750 ILCS 15/12 from Ch. 40, par. 1115
5 750 ILCS 22/101
6 750 ILCS 22/102
7 750 ILCS 22/310
8 750 ILCS 22/605
9 750 ILCS 25/5 from Ch. 40, par. 2705
10 750 ILCS 45/4.1
11 750 ILCS 45/5 from Ch. 40, par. 2505
12 750 ILCS 45/6 from Ch. 40, par. 2506
13 750 ILCS 45/8 from Ch. 40, par. 2508
14 750 ILCS 45/11 from Ch. 40, par. 2511
15 750 ILCS 45/13 from Ch. 40, par. 2513
16 750 ILCS 45/13.1
17 750 ILCS 45/14 from Ch. 40, par. 2514
18 750 ILCS 45/15.1 from Ch. 40, par. 2515.1
19 750 ILCS 45/20 from Ch. 40, par. 2520
20 750 ILCS 45/21 from Ch. 40, par. 2521
21 750 ILCS 45/22 from Ch. 40, par. 2522
22 750 ILCS 45/23 from Ch. 40, par. 2523
23 820 ILCS 405/1300 from Ch. 48, par. 540