[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Engrossed ] |
90_HB3048enr
New Act
225 ILCS 425/2.04 from Ch. 111, par. 2005.1
305 ILCS 5/10-10 from Ch. 23, par. 10-10
305 ILCS 5/10-16.2 from Ch. 23, par. 10-16.2
305 ILCS 5/10-16.4
305 ILCS 5/10-17.2 from Ch. 23, par. 10-17.2
750 ILCS 5/507 from Ch. 40, par. 507
750 ILCS 5/511 from Ch. 40, par. 511
750 ILCS 5/705 from Ch. 40, par. 705
750 ILCS 5/706.1 from Ch. 40, par. 706.1
750 ILCS 5/706.3
750 ILCS 5/713 from Ch. 40, par. 713
750 ILCS 15/2.1 from Ch. 40, par. 1105
750 ILCS 15/4.1 from Ch. 40, par. 1107.1
750 ILCS 15/4.2
750 ILCS 22/605
750 ILCS 45/15 from Ch. 40, par. 2515
750 ILCS 45/20 from Ch. 40, par. 2520
750 ILCS 45/20.5
750 ILCS 45/21 from Ch. 40, par. 2521
Creates the Income Withholding for Support Act.
Consolidates into one new Act certain provisions relating to
the withholding of income to pay orders for support that are
currently found in the Illinois Public Aid Code, the Illinois
Marriage and Dissolution of Marriage Act, the Non-Support of
Spouse and Children Act, and the Illinois Parentage Act of
1984. Also amends those Acts, the Collection Agency Act, and
the Uniform Interstate Family Support Act to make conforming
changes in cross-references. Includes technical corrections.
Makes no substantive change in the law. Effective January 1,
1999.
LRB9007060SMfg
HB3048 Enrolled LRB9007060SMfg
1 AN ACT regarding enforcement of support orders.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5 Income Withholding for Support Act.
6 Section 5. Purpose; intent. This Act consolidates into a
7 single new Act the lengthy and nearly identical provisions
8 relating to income withholding for support that were formerly
9 contained in Section 10-16.2 of the Illinois Public Aid Code,
10 Section 706.1 of the Illinois Marriage and Dissolution of
11 Marriage Act, Section 4.1 of the Non-Support of Spouse and
12 Children Act, and Section 20 of the Illinois Parentage Act of
13 1984. It also divides the consolidated provisions into
14 smaller Sections for ease of use and future amendment and
15 makes technical corrections. This Act is intended as a
16 continuation of the consolidated provisions, and the
17 consolidation is not intended to make any substantive change
18 in the law nor to affect any order issued under any of the
19 consolidated provisions.
20 Section 15. Definitions.
21 (a) "Order for support" means any order of the court
22 which provides for periodic payment of funds for the support
23 of a child or maintenance of a spouse, whether temporary or
24 final, and includes any such order which provides for:
25 (1) modification or resumption of, or payment of
26 arrearage accrued under, a previously existing order;
27 (2) reimbursement of support;
28 (3) payment or reimbursement of the expenses of
29 pregnancy and delivery (for orders for support entered
30 under the Illinois Parentage Act of 1984 or its
HB3048 Enrolled -2- LRB9007060SMfg
1 predecessor the Paternity Act); or
2 (4) enrollment in a health insurance plan that is
3 available to the obligor through an employer or labor
4 union or trade union.
5 (b) "Arrearage" means the total amount of unpaid support
6 obligations as determined by the court and incorporated into
7 an order for support.
8 (c) "Delinquency" means any payment under an order for
9 support which becomes due and remains unpaid after entry of
10 the order for support.
11 (d) "Income" means any form of periodic payment to an
12 individual, regardless of source, including, but not limited
13 to: wages, salary, commission, compensation as an independent
14 contractor, workers' compensation, disability, annuity,
15 pension, and retirement benefits, lottery prize awards,
16 insurance proceeds, vacation pay, bonuses, profit-sharing
17 payments, interest, and any other payments, made by any
18 person, private entity, federal or state government, any unit
19 of local government, school district or any entity created by
20 Public Act; however, "income" excludes:
21 (1) any amounts required by law to be withheld,
22 other than creditor claims, including, but not limited
23 to, federal, State and local taxes, Social Security and
24 other retirement and disability contributions;
25 (2) union dues;
26 (3) any amounts exempted by the federal Consumer
27 Credit Protection Act;
28 (4) public assistance payments; and
29 (5) unemployment insurance benefits except as
30 provided by law.
31 Any other State or local laws which limit or exempt
32 income or the amount or percentage of income that can be
33 withheld shall not apply.
34 (e) "Obligor" means the individual who owes a duty to
HB3048 Enrolled -3- LRB9007060SMfg
1 make payments under an order for support.
2 (f) "Obligee" means the individual to whom a duty of
3 support is owed or the individual's legal representative.
4 (g) "Payor" means any payor of income to an obligor.
5 (h) "Public office" means any elected official or any
6 State or local agency which is or may become responsible by
7 law for enforcement of, or which is or may become authorized
8 to enforce, an order for support, including, but not limited
9 to: the Attorney General, the Illinois Department of Public
10 Aid, the Illinois Department of Human Services, the Illinois
11 Department of Children and Family Services, and the various
12 State's Attorneys, Clerks of the Circuit Court and
13 supervisors of general assistance.
14 (i) "Premium" means the dollar amount for which the
15 obligor is liable to his employer or labor union or trade
16 union and which must be paid to enroll or maintain a child in
17 a health insurance plan that is available to the obligor
18 through an employer or labor union or trade union.
19 Section 20. Entry of order for support containing income
20 withholding provisions; income withholding notice.
21 (a) In addition to any content required under other
22 laws, every order for support entered on or after July 1,
23 1997, shall:
24 (1) Require an income withholding notice to be
25 prepared and served immediately upon any payor of the
26 obligor by the obligee or public office, unless a written
27 agreement is reached between and signed by both parties
28 providing for an alternative arrangement, approved and
29 entered into the record by the court, which ensures
30 payment of support. In that case, the order for support
31 shall provide that an income withholding notice is to be
32 prepared and served only if the obligor becomes
33 delinquent in paying the order for support; and
HB3048 Enrolled -4- LRB9007060SMfg
1 (2) Contain a dollar amount to be paid until
2 payment in full of any delinquency that accrues after
3 entry of the order for support. The amount for payment
4 of delinquency shall not be less than 20% of the total of
5 the current support amount and the amount to be paid
6 periodically for payment of any arrearage stated in the
7 order for support; and
8 (3) Include the obligor's Social Security Number,
9 which the obligor shall disclose to the court. If the
10 obligor is not a United States citizen, the obligor shall
11 disclose to the court, and the court shall include in the
12 order for support, the obligor's alien registration
13 number, passport number, and home country's social
14 security or national health number, if applicable.
15 (b) At the time the order for support is entered, the
16 Clerk of the Circuit Court shall provide a copy of the order
17 to the obligor and shall make copies available to the obligee
18 and public office.
19 (c) The income withholding notice shall:
20 (1) be in the standard format prescribed by the
21 federal Department of Health and Human Services; and
22 (2) direct any payor to withhold the dollar amount
23 required for current support under the order for support;
24 and
25 (3) direct any payor to withhold the dollar amount
26 required to be paid periodically under the order for
27 support for payment of the amount of any arrearage stated
28 in the order for support; and
29 (4) direct any payor or labor union or trade union
30 to enroll a child as a beneficiary of a health insurance
31 plan and withhold or cause to be withheld, if applicable,
32 any required premiums; and
33 (5) state the amount of the payor income
34 withholding fee specified under this Section; and
HB3048 Enrolled -5- LRB9007060SMfg
1 (6) state that the amount actually withheld from
2 the obligor's income for support and other purposes,
3 including the payor withholding fee specified under this
4 Section, may not be in excess of the maximum amount
5 permitted under the federal Consumer Credit Protection
6 Act; and
7 (7) state the duties of the payor and the fines and
8 penalties for failure to withhold and pay over income and
9 for discharging, disciplining, refusing to hire, or
10 otherwise penalizing the obligor because of the duty to
11 withhold and pay over income under this Section; and
12 (8) state the rights, remedies, and duties of the
13 obligor under this Section; and
14 (9) include the obligor's Social Security Number;
15 and
16 (10) include the date that withholding for current
17 support terminates, which shall be the date of
18 termination of the current support obligation set forth
19 in the order for support.
20 (d) The accrual of a delinquency as a condition for
21 service of an income withholding notice, under the exception
22 to immediate withholding in subsection (a) of this Section,
23 shall apply only to the initial service of an income
24 withholding notice on a payor of the obligor.
25 (e) Notwithstanding the exception to immediate
26 withholding contained in subsection (a) of this Section, if
27 the court finds at the time of any hearing that an arrearage
28 has accrued, the court shall order immediate service of an
29 income withholding notice upon the payor.
30 (f) If the order for support, under the exception to
31 immediate withholding contained in subsection (a) of this
32 Section, provides that an income withholding notice is to be
33 prepared and served only if the obligor becomes delinquent in
34 paying the order for support, the obligor may execute a
HB3048 Enrolled -6- LRB9007060SMfg
1 written waiver of that condition and request immediate
2 service on the payor.
3 (g) The obligee or public office may serve the income
4 withholding notice on the payor or its superintendent,
5 manager, or other agent by ordinary mail or certified mail
6 return receipt requested, by facsimile transmission or other
7 electronic means, by personal delivery, or by any method
8 provided by law for service of a summons. At the time of
9 service on the payor and as notice that withholding has
10 commenced, the obligee or public office shall serve a copy of
11 the income withholding notice on the obligor by ordinary mail
12 addressed to his or her last known address. Proofs of
13 service on the payor and the obligor shall be filed with the
14 Clerk of the Circuit Court.
15 (h) At any time after the initial service of an income
16 withholding notice, any other payor of the obligor may be
17 served with the same income withholding notice without
18 further notice to the obligor.
19 (i) New service of an income withholding notice is not
20 required in order to resume withholding of income in the case
21 of an obligor with respect to whom an income withholding
22 notice was previously served on the payor if withholding of
23 income was terminated because of an interruption in the
24 obligor's employment of less than 180 days.
25 Section 25. Income withholding after accrual of
26 delinquency.
27 (a) Whenever an obligor accrues a delinquency, the
28 obligee or public office may prepare and serve upon the
29 obligor's payor an income withholding notice that:
30 (1) contains the information required under
31 subsection (c) of Section 20; and
32 (2) contains a computation of the period and total
33 amount of the delinquency as of the date of the notice;
HB3048 Enrolled -7- LRB9007060SMfg
1 and
2 (3) directs the payor to withhold the dollar amount
3 required to be withheld periodically under the order for
4 support for payment of the delinquency.
5 (b) The income withholding notice and the obligor's copy
6 of the income withholding notice shall be served as provided
7 in subsection (g) of Section 20.
8 (c) The obligor may contest withholding commenced under
9 this Section by filing a petition to contest withholding with
10 the Clerk of the Circuit Court within 20 days after service
11 of a copy of the income withholding notice on the obligor.
12 However, the grounds for the petition to contest withholding
13 shall be limited to:
14 (1) a dispute concerning the existence or amount of
15 the delinquency; or
16 (2) the identity of the obligor.
17 The Clerk of the Circuit Court shall notify the obligor
18 and the obligee or public office of the time and place of the
19 hearing on the petition to contest withholding. The court
20 shall hold the hearing pursuant to the provisions of Section
21 40.
22 Section 30. Initiated withholding.
23 (a) Notwithstanding any other provision of this Act, if
24 the court has not required that income withholding take
25 effect immediately, the obligee or public office may initiate
26 withholding, regardless of whether a delinquency has accrued,
27 by preparing and serving an income withholding notice on the
28 payor that contains the information required under subsection
29 (c) of Section 20 and states that the parties' written
30 agreement providing an alternative arrangement to immediate
31 withholding under subsection (a) of Section 20 no longer
32 ensures payment of support due and the reason or reasons why
33 it does not.
HB3048 Enrolled -8- LRB9007060SMfg
1 (b) The income withholding notice and the obligor's copy
2 of the income withholding notice shall be served as provided
3 in subsection (g) of Section 20.
4 (c) The obligor may contest withholding commenced under
5 this Section by filing a petition to contest withholding with
6 the Clerk of the Circuit Court within 20 days after service
7 of a copy of the income withholding notice on the obligor.
8 However, the grounds for the petition shall be limited to a
9 dispute concerning:
10 (1) whether the parties' written agreement providing
11 an alternative arrangement to immediate withholding under
12 subsection (a) of Section 20 continues to ensure payment
13 of support; or
14 (2) the identity of the obligor.
15 It shall not be grounds for filing a petition that the
16 obligor has made all payments due by the date of the
17 petition.
18 (d) If the obligor files a petition contesting
19 withholding within the 20-day period required under
20 subsection (c), the Clerk of the Circuit Court shall notify
21 the obligor and the obligee or public office, as appropriate,
22 of the time and place of the hearing on the petition. The
23 court shall hold the hearing pursuant to the provisions of
24 Section 40.
25 Section 35. Duties of payor.
26 (a) It shall be the duty of any payor who has been
27 served with an income withholding notice to deduct and pay
28 over income as provided in this Section. The payor shall
29 deduct the amount designated in the income withholding
30 notice, as supplemented by any notice provided pursuant to
31 subsection (f) of Section 45, beginning no later than the
32 next payment of income which is payable or creditable to the
33 obligor that occurs 14 days following the date the income
HB3048 Enrolled -9- LRB9007060SMfg
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 may be collected in a civil action
22 which may be brought against the payor in favor of the
23 obligee or public office. A finding of a payor's
24 nonperformance within the time required under this Act must
25 be documented by a certified mail return receipt showing the
26 date the income withholding notice was served on the payor.
27 For purposes of this Act, a withheld amount shall be
28 considered paid by a payor on the date it is mailed by the
29 payor, or on the date an electronic funds transfer of the
30 amount has been initiated by the payor, or on the date
31 delivery of the amount has been initiated by the payor. For
32 each deduction, the payor shall provide the obligee or public
33 office, at the time of transmittal, with the date the amount
34 would (but for the duty to withhold income) have been paid or
HB3048 Enrolled -10- LRB9007060SMfg
1 credited to the obligor.
2 Upon receipt of an income withholding notice requiring
3 that a minor child be named as a beneficiary of a health
4 insurance plan available through an employer or labor union
5 or trade union, the employer or labor union or trade union
6 shall immediately enroll the minor child as a beneficiary in
7 the health insurance plan designated by the income
8 withholding notice. The employer shall withhold any required
9 premiums and pay over any amounts so withheld and any
10 additional amounts the employer pays to the insurance carrier
11 in a timely manner. The employer or labor union or trade
12 union shall mail to the obligee, within 15 days of enrollment
13 or upon request, notice of the date of coverage, information
14 on the dependent coverage plan, and all forms necessary to
15 obtain reimbursement for covered health expenses, such as
16 would be made available to a new employee. When an order for
17 dependent coverage is in effect and the insurance coverage is
18 terminated or changed for any reason, the employer or labor
19 union or trade union shall notify the obligee within 10 days
20 of the termination or change date along with notice of
21 conversion privileges.
22 For withholding of income, the payor shall be entitled to
23 receive a fee not to exceed $5 per month to be taken from the
24 income to be paid to the obligor.
25 (b) Whenever the obligor is no longer receiving income
26 from the payor, the payor shall return a copy of the income
27 withholding notice to the obligee or public office and shall
28 provide information for the purpose of enforcing this Act.
29 (c) Withholding of income under this Act shall be made
30 without regard to any prior or subsequent garnishments,
31 attachments, wage assignments, or any other claims of
32 creditors. Withholding of income under this Act shall not be
33 in excess of the maximum amounts permitted under the federal
34 Consumer Credit Protection Act. If the payor has been served
HB3048 Enrolled -11- LRB9007060SMfg
1 with more than one income withholding notice pertaining to
2 the same obligor, the payor shall allocate income available
3 for withholding on a proportionate share basis, giving
4 priority to current support payments. If there is any income
5 available for withholding after withholding for all current
6 support obligations, the payor shall allocate the income to
7 past due support payments ordered in cases in which cash
8 assistance under the Illinois Public Aid Code is not being
9 provided to the obligee and then to past due support payments
10 ordered in cases in which cash assistance under the Illinois
11 Public Aid Code is being provided to the obligee, both on a
12 proportionate share basis. A payor who complies with an
13 income withholding notice that is regular on its face shall
14 not be subject to civil liability with respect to any
15 individual, any agency, or any creditor of the obligor for
16 conduct in compliance with the notice.
17 (d) No payor shall discharge, discipline, refuse to hire
18 or otherwise penalize any obligor because of the duty to
19 withhold income.
20 Section 40. Petitions to contest withholding or to
21 modify, suspend, terminate, or correct income withholding
22 notices.
23 (a) When an obligor files a petition to contest
24 withholding, the court, after due notice to all parties,
25 shall hear the matter as soon as practicable and shall enter
26 an order granting or denying relief, ordering service of an
27 amended income withholding notice, where applicable, or
28 otherwise resolving the matter.
29 The court shall deny the obligor's petition if the court
30 finds that when the income withholding notice was mailed,
31 sent by facsimile transmission or other electronic means, or
32 placed for personal delivery to or service on the payor:
33 (1) a delinquency existed; or
HB3048 Enrolled -12- LRB9007060SMfg
1 (2) the parties' written agreement providing an
2 alternative arrangement to immediate withholding under
3 subsection (a) of Section 20 no longer ensured payment of
4 support.
5 (b) At any time, an obligor, obligee, public office or
6 Clerk of the Circuit Court may petition the court to:
7 (1) modify, suspend or terminate the income
8 withholding notice because of a modification, suspension
9 or termination of the underlying order for support; or
10 (2) modify the amount of income to be withheld to
11 reflect payment in full or in part of the delinquency or
12 arrearage by income withholding or otherwise; or
13 (3) suspend the income withholding notice because
14 of inability to deliver income withheld to the obligee
15 due to the obligee's failure to provide a mailing address
16 or other means of delivery.
17 (c) At any time an obligor may petition the court to
18 correct a term contained in an income withholding notice to
19 conform to that stated in the underlying order for support
20 for:
21 (1) the amount of current support;
22 (2) the amount of the arrearage;
23 (3) the periodic amount for payment of the
24 arrearage; or
25 (4) the periodic amount for payment of the
26 delinquency.
27 (d) The obligor, obligee or public office shall serve on
28 the payor, in the manner provided for service of income
29 withholding notices in subsection (g) of Section 20, a copy
30 of any order entered pursuant to this Section that affects
31 the duties of the payor.
32 (e) At any time, a public office or Clerk of the Circuit
33 Court may serve a notice on the payor to:
34 (1) cease withholding of income for payment of
HB3048 Enrolled -13- LRB9007060SMfg
1 current support for a child when the support obligation
2 for that child has automatically ceased under the order
3 for support through emancipation or otherwise; or
4 (2) cease withholding of income for payment of
5 delinquency or arrearage when the delinquency or
6 arrearage has been paid in full.
7 (f) The notice provided for under subsection (e) of this
8 Section shall be served on the payor in the manner provided
9 for service of income withholding notices in subsection (g)
10 of Section 20, and a copy shall be provided to the obligor
11 and the obligee.
12 (g) The income withholding notice shall continue to be
13 binding upon the payor until service of an amended income
14 withholding notice or any order of the court or notice
15 entered or provided for under this Section.
16 Section 45. Additional duties.
17 (a) An obligee who is receiving income withholding
18 payments under this Act shall notify the payor, if the
19 obligee receives the payments directly from the payor, or the
20 public office or the Clerk of the Circuit Court, as
21 appropriate, of any change of address within 7 days of such
22 change.
23 (b) An obligee who is a recipient of public aid shall
24 send a copy of any income withholding notice served by the
25 obligee to the Division of Child Support Enforcement of the
26 Illinois Department of Public Aid.
27 (c) Each obligor shall notify the obligee, the public
28 office, and the Clerk of the Circuit Court of any change of
29 address within 7 days.
30 (d) An obligor whose income is being withheld or who has
31 been served with a notice of delinquency pursuant to this Act
32 shall notify the obligee, the public office, and the Clerk of
33 the Circuit Court of any new payor, within 7 days.
HB3048 Enrolled -14- LRB9007060SMfg
1 (e) When the Illinois Department of Public Aid is no
2 longer authorized to receive payments for the obligee, it
3 shall, within 7 days, notify the payor or, where appropriate,
4 the Clerk of the Circuit Court, to redirect income
5 withholding payments to the obligee.
6 (f) The obligee or public office shall provide notice to
7 the payor and Clerk of the Circuit Court of any other support
8 payment made, including but not limited to, a set-off under
9 federal and State law or partial payment of the delinquency
10 or arrearage, or both.
11 (g) Any public office and Clerk of the Circuit Court
12 which collects, disburses or receives payments pursuant to
13 income withholding notices shall maintain complete, accurate,
14 and clear records of all payments and their disbursements.
15 Certified copies of payment records maintained by a public
16 office or Clerk of the Circuit Court shall, without further
17 proof, be admitted into evidence in any legal proceedings
18 under this Act.
19 (h) The Illinois Department of Public Aid shall design
20 suggested legal forms for proceeding under this Act and shall
21 make available to the courts such forms and informational
22 materials which describe the procedures and remedies set
23 forth herein for distribution to all parties in support
24 actions.
25 (i) At the time of transmitting each support payment,
26 the Clerk of the Circuit Court shall provide the obligee or
27 public office, as appropriate, with any information furnished
28 by the payor as to the date the amount would (but for the
29 duty to withhold income) have been paid or credited to the
30 obligor.
31 Section 50. Penalties.
32 (a) Where a payor wilfully fails to withhold or pay over
33 income pursuant to a properly served income withholding
HB3048 Enrolled -15- LRB9007060SMfg
1 notice, or wilfully discharges, disciplines, refuses to hire
2 or otherwise penalizes an obligor as prohibited by Section
3 40, or otherwise fails to comply with any duties imposed by
4 this Act, the obligee, public office or obligor, as
5 appropriate, may file a complaint with the court against the
6 payor. The Clerk of the Circuit Court shall notify the
7 obligee or public office, as appropriate, and the obligor and
8 payor of the time and place of the hearing on the complaint.
9 The court shall resolve any factual dispute including, but
10 not limited to, a denial that the payor is paying or has paid
11 income to the obligor. Upon a finding in favor of the
12 complaining party, the court:
13 (1) shall enter judgment and direct the enforcement
14 thereof for the total amount that the payor wilfully
15 failed to withhold or pay over; and
16 (2) may order employment or reinstatement of or
17 restitution to the obligor, or both, where the obligor
18 has been discharged, disciplined, denied employment or
19 otherwise penalized by the payor and may impose a fine
20 upon the payor not to exceed $200.
21 (b) Any obligee, public office or obligor who wilfully
22 initiates a false proceeding under this Act or who wilfully
23 fails to comply with the requirements of this Act shall be
24 punished as in cases of contempt of court.
25 Section 55. Alternative procedures for service of an
26 income withholding notice.
27 (a) The procedures of this Section may be used in any
28 matter to serve an income withholding notice on a payor if:
29 (1) for any reason the most recent order for
30 support entered does not contain the income withholding
31 provisions required under Section 20, irrespective of
32 whether a separate order for withholding was entered
33 prior to July 1, 1997; and
HB3048 Enrolled -16- LRB9007060SMfg
1 (2) the obligor has accrued a delinquency after
2 entry of the most recent order for support.
3 (b) The obligee or public office shall prepare and serve
4 the income withholding notice in accordance with the
5 provisions of Section 25, except that the notice shall
6 contain a periodic amount for payment of the delinquency
7 equal to 20% of the total of the current support amount and
8 the amount to be paid periodically for payment of any
9 arrearage stated in the most recent order for support.
10 (c) If the obligor requests in writing that income
11 withholding become effective prior to the obligor accruing a
12 delinquency under the most recent order for support, the
13 obligee or public office may prepare and serve an income
14 withholding notice on the payor as provided in Section 20.
15 In addition to filing proofs of service of the income
16 withholding notice on the payor and the obligor, the obligee
17 or public office shall file a copy of the obligor's written
18 request for income withholding with the Clerk of the Circuit
19 Court.
20 (d) All other provisions of this Act shall be applicable
21 with respect to the provisions of this Section 55.
22 Section 60. Remedies in addition to other laws.
23 (a) The rights, remedies, duties and penalties created
24 by this Act are in addition to and not in substitution for
25 any other rights, remedies, duties and penalties created by
26 any other law.
27 (b) Nothing in this Act shall be construed as
28 invalidating any assignment of wages or benefits executed
29 prior to January 1, 1984 (or July 1, 1985 with respect to
30 invalidity under the Illinois Parentage Act of 1984) or any
31 order for withholding served prior to July 1, 1997.
32 Section 905. The Collection Agency Act is amended by
HB3048 Enrolled -17- LRB9007060SMfg
1 changing Section 2.04 as follows:
2 (225 ILCS 425/2.04) (from Ch. 111, par. 2005.1)
3 Sec. 2.04. Child support indebtedness.
4 (a) Persons, associations, partnerships, or corporations
5 engaged in the business of collecting child support
6 indebtedness owing under a court order as provided under the
7 Illinois Public Aid Code, the Illinois Marriage and
8 Dissolution of Marriage Act, the Non-Support of Spouse and
9 Children Act, the Illinois Parentage Act of 1984, or similar
10 laws of other states are not restricted (i) in the frequency
11 of contact with an obligor who is in arrears, whether by
12 phone, mail, or other means, (ii) from contacting the
13 employer of an obligor who is in arrears, (iii) from
14 publishing or threatening to publish a list of obligors in
15 arrears, (iv) from disclosing or threatening to disclose an
16 arrearage that the obligor disputes, but for which a verified
17 notice of delinquency has been served under the Income
18 Withholding for Support Act (or any of its predecessors,
19 Section 10-16.2 of the Illinois Public Aid Code, Section
20 706.1 of the Illinois Marriage and Dissolution of Marriage
21 Act, Section 4.1 of the Non-Support of Spouse and Children
22 Act, Section 26.1 of the Revised Uniform Reciprocal
23 Enforcement of Support Act, or Section 20 of the Illinois
24 Parentage Act of 1984), or (v) from engaging in conduct that
25 would not cause a reasonable person mental or physical
26 illness. For purposes of this subsection, "obligor" means an
27 individual who owes a duty to make periodic payments, under a
28 court order, for the support of a child. "Arrearage" means
29 the total amount of an obligor's unpaid child support
30 obligations.
31 (b) The Department shall adopt rules necessary to
32 administer and enforce the provisions of this Section.
33 (Source: P.A. 87-1200.)
HB3048 Enrolled -18- LRB9007060SMfg
1 Section 910. The Illinois Public Aid Code is amended by
2 changing Sections 10-10, 10-16.2, 10-16.4, and 10-17.2 as
3 follows:
4 (305 ILCS 5/10-10) (from Ch. 23, par. 10-10)
5 Sec. 10-10. Court enforcement; applicability also to
6 persons who are not applicants or recipients. Except where
7 the Illinois Department, by agreement, acts for the local
8 governmental unit, as provided in Section 10-3.1, local
9 governmental units shall refer to the State's Attorney or to
10 the proper legal representative of the governmental unit, for
11 judicial enforcement as herein provided, instances of
12 non-support or insufficient support when the dependents are
13 applicants or recipients under Article VI. The Child and
14 Spouse Support Unit established by Section 10-3.1 may
15 institute in behalf of the Illinois Department any actions
16 under this Section for judicial enforcement of the support
17 liability when the dependents are (a) applicants or
18 recipients under Articles III, IV, V or VII (b) applicants or
19 recipients in a local governmental unit when the Illinois
20 Department, by agreement, acts for the unit; or (c)
21 non-applicants or non-recipients who are receiving support
22 enforcement services under this Article X, as provided in
23 Section 10-1. Where the Child and Spouse Support Unit has
24 exercised its option and discretion not to apply the
25 provisions of Sections 10-3 through 10-8, the failure by the
26 Unit to apply such provisions shall not be a bar to bringing
27 an action under this Section.
28 Action shall be brought in the circuit court to obtain
29 support, or for the recovery of aid granted during the period
30 such support was not provided, or both for the obtainment of
31 support and the recovery of the aid provided. Actions for
32 the recovery of aid may be taken separately or they may be
33 consolidated with actions to obtain support. Such actions
HB3048 Enrolled -19- LRB9007060SMfg
1 may be brought in the name of the person or persons requiring
2 support, or may be brought in the name of the Illinois
3 Department or the local governmental unit, as the case
4 requires, in behalf of such persons.
5 The court may enter such orders for the payment of moneys
6 for the support of the person as may be just and equitable
7 and may direct payment thereof for such period or periods of
8 time as the circumstances require, including support for a
9 period before the date the order for support is entered. The
10 order may be entered against any or all of the defendant
11 responsible relatives and may be based upon the proportionate
12 ability of each to contribute to the person's support.
13 The Court shall determine the amount of child support
14 (including child support for a period before the date the
15 order for child support is entered) by using the guidelines
16 and standards set forth in subsection (a) of Section 505 and
17 in Section 505.2 of the Illinois Marriage and Dissolution of
18 Marriage Act. For purposes of determining the amount of child
19 support to be paid for a period before the date the order for
20 child support is entered, there is a rebuttable presumption
21 that the responsible relative's net income for that period
22 was the same as his or her net income at the time the order
23 is entered.
24 An order entered under this Section shall include a
25 provision requiring the obligor to report to the obligee and
26 to the clerk of court within 10 days each time the obligor
27 obtains new employment, and each time the obligor's
28 employment is terminated for any reason. The report shall be
29 in writing and shall, in the case of new employment, include
30 the name and address of the new employer. Failure to report
31 new employment or the termination of current employment, if
32 coupled with nonpayment of support for a period in excess of
33 60 days, is indirect criminal contempt. For any obligor
34 arrested for failure to report new employment bond shall be
HB3048 Enrolled -20- LRB9007060SMfg
1 set in the amount of the child support that should have been
2 paid during the period of unreported employment. An order
3 entered under this Section shall also include a provision
4 requiring the obligor and obligee parents to advise each
5 other of a change in residence within 5 days of the change
6 except when the court finds that the physical, mental, or
7 emotional health of a party or that of a minor child, or
8 both, would be seriously endangered by disclosure of the
9 party's address.
10 The Court shall determine the amount of maintenance using
11 the standards set forth in Section 504 of the Illinois
12 Marriage and Dissolution of Marriage Act.
13 Any new or existing support order entered by the court
14 under this Section shall be deemed to be a series of
15 judgments against the person obligated to pay support
16 thereunder, each such judgment to be in the amount of each
17 payment or installment of support and each such judgment to
18 be deemed entered as of the date the corresponding payment or
19 installment becomes due under the terms of the support order.
20 Each such judgment shall have the full force, effect and
21 attributes of any other judgment of this State, including the
22 ability to be enforced. Any such judgment is subject to
23 modification or termination only in accordance with Section
24 510 of the Illinois Marriage and Dissolution of Marriage Act.
25 A lien arises by operation of law against the real and
26 personal property of the noncustodial parent for each
27 installment of overdue support owed by the noncustodial
28 parent.
29 When an order is entered for the support of a minor, the
30 court may provide therein for reasonable visitation of the
31 minor by the person or persons who provided support pursuant
32 to the order. Whoever willfully refuses to comply with such
33 visitation order or willfully interferes with its enforcement
34 may be declared in contempt of court and punished therefor.
HB3048 Enrolled -21- LRB9007060SMfg
1 Except where the local governmental unit has entered into
2 an agreement with the Illinois Department for the Child and
3 Spouse Support Unit to act for it, as provided in Section
4 10-3.1, support orders entered by the court in cases
5 involving applicants or recipients under Article VI shall
6 provide that payments thereunder be made directly to the
7 local governmental unit. Orders for the support of all other
8 applicants or recipients shall provide that payments
9 thereunder be made directly to the Illinois Department. In
10 accordance with federal law and regulations, the Illinois
11 Department may continue to collect current maintenance
12 payments or child support payments, or both, after those
13 persons cease to receive public assistance and until
14 termination of services under Article X. The Illinois
15 Department shall pay the net amount collected to those
16 persons after deducting any costs incurred in making the
17 collection or any collection fee from the amount of any
18 recovery made. In both cases the order shall permit the
19 local governmental unit or the Illinois Department, as the
20 case may be, to direct the responsible relative or relatives
21 to make support payments directly to the needy person, or to
22 some person or agency in his behalf, upon removal of the
23 person from the public aid rolls or upon termination of
24 services under Article X.
25 If the notice of support due issued pursuant to Section
26 10-7 directs that support payments be made directly to the
27 needy person, or to some person or agency in his behalf, and
28 the recipient is removed from the public aid rolls, court
29 action may be taken against the responsible relative
30 hereunder if he fails to furnish support in accordance with
31 the terms of such notice.
32 Actions may also be brought under this Section in behalf
33 of any person who is in need of support from responsible
34 relatives, as defined in Section 2-11 of Article II who is
HB3048 Enrolled -22- LRB9007060SMfg
1 not an applicant for or recipient of financial aid under this
2 Code. In such instances, the State's Attorney of the county
3 in which such person resides shall bring action against the
4 responsible relatives hereunder. If the Illinois Department,
5 as authorized by Section 10-1, extends the support services
6 provided by this Article to spouses and dependent children
7 who are not applicants or recipients under this Code, the
8 Child and Spouse Support Unit established by Section 10-3.1
9 shall bring action against the responsible relatives
10 hereunder and any support orders entered by the court in such
11 cases shall provide that payments thereunder be made directly
12 to the Illinois Department.
13 Whenever it is determined in a proceeding to establish or
14 enforce a child support or maintenance obligation that the
15 person owing a duty of support is unemployed, the court may
16 order the person to seek employment and report periodically
17 to the court with a diary, listing or other memorandum of his
18 or her efforts in accordance with such order. Additionally,
19 the court may order the unemployed person to report to the
20 Department of Employment Security for job search services or
21 to make application with the local Jobs Training Partnership
22 Act provider for participation in job search, training or
23 work programs and where the duty of support is owed to a
24 child receiving support services under this Article X, the
25 court may order the unemployed person to report to the
26 Illinois Department for participation in job search, training
27 or work programs established under Section 9-6 and Article
28 IXA of this Code.
29 Whenever it is determined that a person owes past-due
30 support for a child receiving assistance under this Code, the
31 court shall order at the request of the Illinois Department:
32 (1) that the person pay the past-due support in
33 accordance with a plan approved by the court; or
34 (2) if the person owing past-due support is
HB3048 Enrolled -23- LRB9007060SMfg
1 unemployed, is subject to such a plan, and is not
2 incapacitated, that the person participate in such job
3 search, training, or work programs established under
4 Section 9-6 and Article IXA of this Code as the court
5 deems appropriate.
6 A determination under this Section shall not be
7 administratively reviewable by the procedures specified in
8 Sections 10-12, and 10-13 to 10-13.10. Any determination
9 under these Sections, if made the basis of court action under
10 this Section, shall not affect the de novo judicial
11 determination required under this Section.
12 A one-time charge of 20% is imposable upon the amount of
13 past-due child support owed on July 1, 1988 which has accrued
14 under a support order entered by the court. The charge shall
15 be imposed in accordance with the provisions of Section 10-21
16 of this Code and shall be enforced by the court upon
17 petition.
18 All orders for support, when entered or modified, shall
19 include a provision requiring the non-custodial parent to
20 notify the court and, in cases in which a party is receiving
21 child and spouse support services under this Article X, the
22 Illinois Department, within 7 days, (i) of the name, address,
23 and telephone number of any new employer of the non-custodial
24 parent, (ii) whether the non-custodial parent has access to
25 health insurance coverage through the employer or other group
26 coverage and, if so, the policy name and number and the names
27 of persons covered under the policy, and (iii) of any new
28 residential or mailing address or telephone number of the
29 non-custodial parent. In any subsequent action to enforce a
30 support order, upon a sufficient showing that a diligent
31 effort has been made to ascertain the location of the
32 non-custodial parent, service of process or provision of
33 notice necessary in the case may be made at the last known
34 address of the non-custodial parent in any manner expressly
HB3048 Enrolled -24- LRB9007060SMfg
1 provided by the Code of Civil Procedure or this Code, which
2 service shall be sufficient for purposes of due process.
3 In cases in which a party is receiving child and spouse
4 support services under this Article X and the order for
5 support provides that child support payments be made to the
6 obligee, the Illinois Department of Public Aid may provide
7 notice to the obligor and the obligor's payor, when income
8 withholding is in effect in accordance with the Income
9 Withholding for Support Act under Section 10-16.2, to make
10 all payments after receipt of the Illinois Department's
11 notice to the clerk of the court until further notice by the
12 Illinois Department or order of the court. Copies of the
13 notice shall be provided to the obligee and the clerk. The
14 clerk's copy shall contain a proof of service on the obligor
15 and the obligor's payor, where applicable. The clerk shall
16 file the clerk's copy of the notice in the court file. The
17 notice to the obligor and the payor, if applicable, may be
18 sent by ordinary mail, certified mail, return receipt
19 requested, facsimile transmission, or other electronic
20 process, or may be served upon the obligor or payor using any
21 method provided by law for service of a summons. An obligor
22 who fails to comply with a notice provided under this
23 paragraph is guilty of a Class B misdemeanor. A payor who
24 fails to comply with a notice provided under this paragraph
25 is guilty of a business offense and subject to a fine of up
26 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.
HB3048 Enrolled -25- LRB9007060SMfg
1 Upon notification in writing or by electronic
2 transmission from the Illinois Department 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 Illinois Department until the
9 Illinois Department gives notice to the clerk of the court to
10 cease the transmittal. After providing the notification
11 authorized under this paragraph, the Illinois Department
12 shall be entitled as a party to notice of any further
13 proceedings in the case. The clerk of the court shall file a
14 copy of the Illinois Department's notification in the court
15 file. The clerk's failure to file a copy of the
16 notification in the court file shall not, however, affect the
17 Illinois Department's right to receive notice of further
18 proceedings.
19 Payments under this Section to the Illinois Department
20 pursuant to the Child Support Enforcement Program established
21 by Title IV-D of the Social Security Act shall be paid into
22 the Child Support Enforcement Trust Fund. All other payments
23 under this Section to the Illinois Department shall be
24 deposited in the Public Assistance Recoveries Trust Fund.
25 Disbursements from these funds shall be as provided in
26 Sections 12-9 and 12-10.2 of this Code. Payments received by
27 a local governmental unit shall be deposited in that unit's
28 General Assistance Fund.
29 (Source: P.A. 90-18, eff. 7-1-97; 90-539, eff. 6-1-98;
30 revised 12-23-97.)
31 (305 ILCS 5/10-16.2) (from Ch. 23, par. 10-16.2)
32 Sec. 10-16.2. Withholding of Income to Secure Payment of
33 Support. Orders for support entered under this Code are
HB3048 Enrolled -26- LRB9007060SMfg
1 subject to the Income Withholding for Support Act.
2 (A) Definitions.
3 (1) "Order for support" means any order of the court
4 which provides for periodic payment of funds for the support
5 of a child or maintenance of a spouse, whether temporary or
6 final, and includes any such order which provides for:
7 (a) Modification or resumption of, or payment of
8 arrearage accrued under, a previously existing order;
9 (b) Reimbursement of support; or
10 (c) Enrollment in a health insurance plan that is
11 available to the obligor through an employer or labor
12 union or trade union.
13 (2) "Arrearage" means the total amount of unpaid support
14 obligations as determined by the court and incorporated into
15 an order for support.
16 (3) "Delinquency" means any payment under an order for
17 support which becomes due and remains unpaid after entry of
18 the order for support.
19 (4) "Income" means any form of periodic payment to an
20 individual, regardless of source, including, but not limited
21 to: wages, salary, commission, compensation as an independent
22 contractor, workers' compensation, disability, annuity,
23 pension, and retirement benefits, lottery prize awards,
24 insurance proceeds, vacation pay, bonuses, profit-sharing
25 payments, interest, and any other payments, made by any
26 person, private entity, federal or state government, any unit
27 of local government, school district or any entity created by
28 Public Act; however, "income" excludes:
29 (a) Any amounts required by law to be withheld,
30 other than creditor claims, including, but not limited
31 to, federal, State and local taxes, Social Security and
32 other retirement and disability contributions;
33 (b) Union dues;
34 (c) Any amounts exempted by the federal Consumer
HB3048 Enrolled -27- LRB9007060SMfg
1 Credit Protection Act;
2 (d) Public assistance payments; and
3 (e) Unemployment insurance benefits except as
4 provided by law.
5 Any other State or local laws which limit or exempt
6 income or the amount or percentage of income that can be
7 withheld shall not apply.
8 (5) "Obligor" means the individual who owes a duty to
9 make payments under an order for support.
10 (6) "Obligee" means the individual to whom a duty of
11 support is owed or the individual's legal representative.
12 (7) "Payor" means any payor of income to an obligor.
13 (8) "Public office" means any elected official or any
14 State or local agency which is or may become responsible by
15 law for enforcement of, or which is or may become authorized
16 to enforce, an order for support, including, but not limited
17 to: the Attorney General, the Illinois Department of Public
18 Aid, the Illinois Department of Human Services (as successor
19 to the Department of Mental Health and Developmental
20 Disabilities), the Illinois Department of Children and Family
21 Services, and the various State's Attorneys, Clerks of the
22 Circuit Court and supervisors of general assistance.
23 (9) "Premium" means the dollar amount for which the
24 obligor is liable to his employer or labor union or trade
25 union and which must be paid to enroll or maintain a child in
26 a health insurance plan that is available to the obligor
27 through an employer or labor union or trade union.
28 (B) Entry of Order for Support Containing Income Withholding
29 Provisions; Income Withholding Notice.
30 (1) In addition to any content required under other
31 laws, every order for support entered on or after July 1,
32 1997, shall:
33 (a) Require an income withholding notice to be
34 prepared and served immediately upon any payor of the
HB3048 Enrolled -28- LRB9007060SMfg
1 obligor by the obligee or public office, unless a written
2 agreement is reached between and signed by both parties
3 providing for an alternative arrangement, approved and
4 entered into the record by the court, which ensures
5 payment of support. In that case, the order for support
6 shall provide that an income withholding notice is to be
7 prepared and served only if the obligor becomes
8 delinquent in paying the order for support; and
9 (b) Contain a dollar amount to be paid until
10 payment in full of any delinquency that accrues after
11 entry of the order for support. The amount for payment
12 of delinquency shall not be less than 20% of the total of
13 the current support amount and the amount to be paid
14 periodically for payment of any arrearage stated in the
15 order for support; and
16 (c) Include the obligor's Social Security Number,
17 which the obligor shall disclose to the court. If the
18 obligor is not a United States citizen, the obligor shall
19 disclose to the court, and the court shall include in the
20 order for support, the obligor's alien registration
21 number, passport number, and home country's social
22 security or national health number, if applicable.
23 (2) At the time the order for support is entered, the
24 Clerk of the Circuit Court shall provide a copy of the order
25 to the obligor and shall make copies available to the obligee
26 and public office.
27 (3) The income withholding notice shall:
28 (a) Be in the standard format prescribed by the
29 federal Department of Health and Human Services; and
30 (b) Direct any payor to withhold the dollar amount
31 required for current support under the order for support;
32 and
33 (c) Direct any payor to withhold the dollar amount
34 required to be paid periodically under the order for
HB3048 Enrolled -29- LRB9007060SMfg
1 support for payment of the amount of any arrearage stated
2 in the order for support; and
3 (d) Direct any payor or labor union or trade union
4 to enroll a child as a beneficiary of a health insurance
5 plan and withhold or cause to be withheld, if applicable,
6 any required premiums; and
7 (e) State the amount of the payor income
8 withholding fee specified under this Section; and
9 (f) State that the amount actually withheld from
10 the obligor's income for support and other purposes,
11 including the payor withholding fee specified under this
12 Section, may not be in excess of the maximum amount
13 permitted under the federal Consumer Credit Protection
14 Act; and
15 (g) State the duties of the payor and the fines and
16 penalties for failure to withhold and pay over income and
17 for discharging, disciplining, refusing to hire, or
18 otherwise penalizing the obligor because of the duty to
19 withhold and pay over income under this Section; and
20 (h) State the rights, remedies, and duties of the
21 obligor under this Section; and
22 (i) Include the obligor's Social Security Number;
23 and
24 (j) Include the date that withholding for current
25 support terminates, which shall be the date of
26 termination of the current support obligation set forth
27 in the order for support.
28 (4) The accrual of a delinquency as a condition for
29 service of an income withholding notice, under the exception
30 to immediate withholding in paragraph (1) of this subsection,
31 shall apply only to the initial service of an income
32 withholding notice on a payor of the obligor.
33 (5) Notwithstanding the exception to immediate
34 withholding contained in paragraph (1) of this subsection, if
HB3048 Enrolled -30- LRB9007060SMfg
1 the court finds at the time of any hearing that an arrearage
2 has accrued, the court shall order immediate service of an
3 income withholding notice upon the payor.
4 (6) If the order for support, under the exception to
5 immediate withholding contained in paragraph (1) of this
6 subsection, provides that an income withholding notice is to
7 be prepared and served only if the obligor becomes delinquent
8 in paying the order for support, the obligor may execute a
9 written waiver of that condition and request immediate
10 service on the payor.
11 (7) The obligee or public office may serve the income
12 withholding notice on the payor or its superintendent,
13 manager, or other agent by ordinary mail or certified mail
14 return receipt requested, by facsimile transmission or other
15 electronic means, by personal delivery, or by any method
16 provided by law for service of a summons. At the time of
17 service on the payor and as notice that withholding has
18 commenced, the obligee or public office shall serve a copy of
19 the income withholding notice on the obligor by ordinary mail
20 addressed to his or her last known address. Proofs of
21 service on the payor and the obligor shall be filed with the
22 Clerk of the Circuit Court.
23 (8) At any time after the initial service of an income
24 withholding notice under this Section, any other payor of the
25 obligor may be served with the same income withholding notice
26 without further notice to the obligor.
27 (4) New service of an order for withholding is not
28 required in order to resume withholding of income in the case
29 of an obligor with respect to whom an order for withholding
30 was previously served on the payor if withholding of income
31 was terminated because of an interruption in the obligor's
32 employment of less than 180 days.
33 (C) Income Withholding After Accrual of Delinquency.
34 (1) Whenever an obligor accrues a delinquency, the
HB3048 Enrolled -31- LRB9007060SMfg
1 obligee or public office may prepare and serve upon the
2 obligor's payor an income withholding notice that:
3 (a) Contains the information required under
4 paragraph (3) of subsection (B); and
5 (b) Contains a computation of the period and total
6 amount of the delinquency as of the date of the notice;
7 and
8 (c) Directs the payor to withhold the dollar amount
9 required to be withheld periodically under the order for
10 support for payment of the delinquency.
11 (2) The income withholding notice and the obligor's copy
12 of the income withholding notice shall be served as provided
13 in paragraph (7) of subsection (B).
14 (3) The obligor may contest withholding commenced under
15 this subsection by filing a petition to contest withholding
16 with the Clerk of the Circuit Court within 20 days after
17 service of a copy of the income withholding notice on the
18 obligor. However, the grounds for the petition to contest
19 withholding shall be limited to:
20 (a) A dispute concerning the existence or amount of
21 the delinquency; or
22 (b) The identity of the obligor.
23 The Clerk of the Circuit Court shall notify the obligor
24 and the obligee or public office of the time and place of the
25 hearing on the petition to contest withholding. The court
26 shall hold the hearing pursuant to the provisions of
27 subsection (F).
28 (D) Initiated Withholding.
29 (1) Notwithstanding any other provision of this Section,
30 if the court has not required that income withholding take
31 effect immediately, the obligee or public office may initiate
32 withholding, regardless of whether a delinquency has accrued,
33 by preparing and serving an income withholding notice on the
34 payor that contains the information required under paragraph
HB3048 Enrolled -32- LRB9007060SMfg
1 (3) of subsection (B) and states that the parties' written
2 agreement providing an alternative arrangement to immediate
3 withholding under paragraph (1) of subsection (B) no longer
4 ensures payment of support and the reason or reasons why it
5 does not.
6 (2) The income withholding notice and the obligor's copy
7 of the income withholding notice shall be served as provided
8 in paragraph (7) of subsection (B).
9 (3) The obligor may contest withholding commenced under
10 this subsection by filing a petition to contest withholding
11 with the Clerk of the Circuit Court within 20 days after
12 service of a copy of the income withholding notice on the
13 obligor. However, the grounds for the petition shall be
14 limited to a dispute concerning:
15 (a) whether the parties' written agreement providing
16 an alternative arrangement to immediate withholding under
17 paragraph (1) of subsection (B) continues to ensure
18 payment of support; or
19 (b) the identity of the obligor.
20 It shall not be grounds for filing a petition that the
21 obligor has made all payments due by the date of the
22 petition.
23 (4) If the obligor files a petition contesting
24 withholding within the 20-day period required under paragraph
25 (3), the Clerk of the Circuit Court shall notify the obligor
26 and the obligee or public office, as appropriate, of the time
27 and place of the hearing on the petition. The court shall
28 hold the hearing pursuant to the provisions of subsection
29 (F). regular or facsimile regular or facsimile
30 (E) Duties of Payor.
31 (1) It shall be the duty of any payor who has been
32 served with an income withholding notice to deduct and pay
33 over income as provided in this subsection. The payor shall
34 deduct the amount designated in the income withholding
HB3048 Enrolled -33- LRB9007060SMfg
1 notice, as supplemented by any notice provided pursuant to
2 paragraph (6) of subsection (G), beginning no later than the
3 next payment of income which is payable or creditable to the
4 obligor that occurs 14 days following the date the income
5 withholding notice was mailed, sent by facsimile or other
6 electronic means, or placed for personal delivery to or
7 service on the payor. The payor may combine all amounts
8 withheld for the benefit of an obligee or public office into
9 a single payment and transmit the payment with a listing of
10 obligors from whom withholding has been effected. The payor
11 shall pay the amount withheld to the obligee or public office
12 within 7 business days after the date the amount would (but
13 for the duty to withhold income) have been paid or credited
14 to the obligor. If the payor knowingly fails to pay any
15 amount withheld to the obligee or public office within 7
16 business days after the date the amount would have been paid
17 or credited to the obligor, the payor shall pay a penalty of
18 $100 for each day that the withheld amount is not paid to the
19 obligee or public office after the period of 7 business days
20 has expired. The failure of a payor, on more than one
21 occasion, to pay amounts withheld to the obligee or public
22 office within 7 business days after the date the amount would
23 have been paid or credited to the obligor creates a
24 presumption that the payor knowingly failed to pay over the
25 amounts. This penalty may be collected in a civil action
26 which may be brought against the payor in favor of the
27 obligee or public office. A finding of a payor's
28 nonperformance within the time required under this Section
29 must be documented by a certified mail return receipt showing
30 the date the order for withholding was served on the payor.
31 For purposes of this Section, a withheld amount shall be
32 considered paid by a payor on the date it is mailed by the
33 payor, or on the date an electronic funds transfer of the
34 amount has been initiated by the payor, or on the date
HB3048 Enrolled -34- LRB9007060SMfg
1 delivery of the amount has been initiated by the payor. For
2 each deduction, the payor shall provide the obligee or public
3 office, at the time of transmittal, with the date the amount
4 would (but for the duty to withhold income) have been paid or
5 credited to the obligor.
6 Upon receipt of an income withholding notice requiring
7 that a minor child be named as a beneficiary of a health
8 insurance plan available through an employer or labor union
9 or trade union, the employer or labor union or trade union
10 shall immediately enroll the minor child as a beneficiary in
11 the health insurance plan designated by the income
12 withholding notice. The employer shall withhold any required
13 premiums and pay over any amounts so withheld and any
14 additional amounts the employer pays to the insurance carrier
15 in a timely manner. The employer or labor union or trade
16 union shall mail to the obligee, within 15 days of enrollment
17 or upon request, notice of the date of coverage, information
18 on the dependent coverage plan, and all forms necessary to
19 obtain reimbursement for covered health expenses, such as
20 would be made available to a new employee. When an order for
21 dependent coverage is in effect and the insurance coverage is
22 terminated or changed for any reason, the employer or labor
23 union or trade union shall notify the obligee within 10 days
24 of the termination or change date along with notice of
25 conversion privileges.
26 For withholding of income, the payor shall be entitled to
27 receive a fee not to exceed $5 per month to be taken from the
28 income to be paid to the 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
HB3048 Enrolled -35- LRB9007060SMfg
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 this Code is not being provided to the
14 obligee and then to past due support payments ordered in
15 cases in which cash assistance under this Code is being
16 provided to the obligee, both on a proportionate share basis.
17 A payor who complies with an income withholding notice that
18 is regular on its face shall not be subject to civil
19 liability with respect to any individual, any agency, or any
20 creditor of the obligor for conduct in compliance with the
21 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,
HB3048 Enrolled -36- LRB9007060SMfg
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.
HB3048 Enrolled -37- LRB9007060SMfg
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 Division of Child Support Enforcement of the
29 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
HB3048 Enrolled -38- LRB9007060SMfg
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 Illinois Department of Public Aid is no
4 longer authorized to receive payments for the obligee, it
5 shall, within 7 days, notify the payor or, where appropriate,
6 the Clerk of the Circuit Court, to redirect income
7 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 shall design
22 suggested legal forms for proceeding under this Section and
23 shall make available to the courts such forms and
24 informational materials which describe the procedures and
25 remedies set forth herein for distribution to all parties in
26 support actions.
27 (9) At the time of transmitting each support payment,
28 the clerk of the circuit court shall provide the obligee or
29 public office, as appropriate, with any information furnished
30 by the payor as to the date the amount would (but for the
31 duty to withhold income) have been paid or credited to the
32 obligor.
33 (H) Penalties.
34 (1) Where a payor wilfully fails to withhold or pay over
HB3048 Enrolled -39- LRB9007060SMfg
1 income pursuant to a properly served income withholding
2 notice, or wilfully discharges, disciplines, refuses to hire
3 or otherwise penalizes an obligor as prohibited by subsection
4 (E), or otherwise fails to comply with any duties imposed by
5 this Section, the obligee, public office or obligor, as
6 appropriate, may file a complaint with the court against the
7 payor. The clerk of the circuit court shall notify the
8 obligee or public office, as appropriate, and the obligor and
9 payor of the time and place of the hearing on the complaint.
10 The court shall resolve any factual dispute including, but
11 not limited to, a denial that the payor is paying or has paid
12 income to the obligor. Upon a finding in favor of the
13 complaining party, the court:
14 (a) Shall enter judgment and direct the enforcement
15 thereof for the total amount that the payor wilfully
16 failed to withhold or pay over; and
17 (b) May order employment or reinstatement of or
18 restitution to the obligor, or both, where the obligor
19 has been discharged, disciplined, denied employment or
20 otherwise penalized by the payor and may impose a fine
21 upon the payor not to exceed $200.
22 (2) Any obligee, public office or obligor who wilfully
23 initiates a false proceeding under this Section or who
24 wilfully fails to comply with the requirements of this
25 Section shall be punished as in cases of contempt of court.
26 (I) Alternative Procedures for Service of an Income
27 Withholding Notice.
28 (1) The procedures of this subsection may be used in any
29 matter to serve an income withholding notice on a payor if:
30 (a) For any reason the most recent order for
31 support entered does not contain the income withholding
32 provisions required under subsection (B), irrespective of
33 whether a separate order for withholding was entered
34 prior to July 1, 1997; and
HB3048 Enrolled -40- LRB9007060SMfg
1 (b) The obligor has accrued a delinquency after
2 entry of the most recent order for support.
3 (2) The obligee or public office shall prepare and serve
4 the income withholding notice in accordance with the
5 provisions of subsection (C), except that the notice shall
6 contain a periodic amount for payment of the delinquency
7 equal to 20% of the total of the current support amount and
8 the amount to be paid periodically for payment of any
9 arrearage stated in the most recent order for support.
10 (3) If the obligor requests in writing that income
11 withholding become effective prior to the obligor accruing a
12 delinquency under the most recent order for support, the
13 obligee or public office may prepare and serve an income
14 withholding notice on the payor as provided in subsection
15 (B). In addition to filing proofs of service of the income
16 withholding notice on the payor and the obligor, the obligee
17 or public office shall file a copy of the obligor's written
18 request for income withholding with the Clerk of the Circuit
19 Court.
20 (4) All other provisions of this Section shall be
21 applicable with respect to the provisions of this subsection
22 (I).
23 (J) Remedies in Addition to Other Laws.
24 (1) The rights, remedies, duties and penalties created
25 by this Section are in addition to and not in substitution
26 for any other rights, remedies, duties and penalties created
27 by any other law.
28 (2) Nothing in this Section shall be construed as
29 invalidating any assignment of wages or benefits executed
30 prior to January 1, 1984 or any order for withholding served
31 prior to July 1, 1997.
32 (Source: P.A. 89-507, eff. 7-1-97; 90-18, eff. 7-1-97;
33 90-425, eff. 8-15-97; revised 9-29-97.)
HB3048 Enrolled -41- LRB9007060SMfg
1 (305 ILCS 5/10-16.4)
2 Sec. 10-16.4. Information concerning obligors.
3 (a) In this Section:
4 "Arrearage", "delinquency", "obligor", and "order for
5 support" have the meanings attributed to those terms in the
6 Income Withholding for Support Act Section 10-16.2 of this
7 Code.
8 "Consumer reporting agency" has the meaning attributed to
9 that term in Section 603(f) of the Fair Credit Reporting Act,
10 15 U.S.C. 1681a(f).
11 (b) Whenever a court of competent jurisdiction finds
12 that an obligor either owes an arrearage of more than $10,000
13 or is delinquent in payment of an amount equal to at least 3
14 months' support obligation pursuant to an order for support,
15 the court shall direct the clerk of the court to make
16 information concerning the obligor available to consumer
17 reporting agencies.
18 (c) Whenever a court of competent jurisdiction finds
19 that an obligor either owes an arrearage of more than $10,000
20 or is delinquent in payment of an amount equal to at least 3
21 months' support obligation pursuant to an order for support,
22 the court shall direct the clerk of the court to cause the
23 obligor's name and address to be published in a newspaper of
24 general circulation in the area in which the obligor resides.
25 The clerk shall cause the obligor's name and address to be
26 published only after sending to the obligor at the obligor's
27 last known address, by certified mail, return receipt
28 requested, a notice of intent to publish the information.
29 This subsection (c) applies only if the obligor resides in
30 the county in which the clerk of the court holds office.
31 (Source: P.A. 90-466, eff. 1-1-98.)
32 (305 ILCS 5/10-17.2) (from Ch. 23, par. 10-17.2)
33 Sec. 10-17.2. Income Withholding By Administrative
HB3048 Enrolled -42- LRB9007060SMfg
1 Order. The Illinois Department may provide by rule for entry
2 of an administrative support order containing income
3 withholding provisions and for service and enforcement of an
4 income withholding notice, by the Child and Spouse Support
5 Unit based upon and in the same manner as prescribed by the
6 Income Withholding for Support Act Section 10-16.2. The
7 penalties provided in the Income Withholding for Support Act
8 Section 10-16.2 shall apply hereto and shall be enforced by
9 filing an action under that Act Section. The rule shall
10 provide for notice to and an opportunity to be heard by the
11 responsible relative affected and any final administrative
12 decision rendered by the Department shall be reviewed only
13 under and in accordance with the Administrative Review Law.
14 (Source: P.A. 90-18, eff. 7-1-97.)
15 Section 915. The Illinois Marriage and Dissolution of
16 Marriage Act is amended by changing Sections 507, 511, 705,
17 706.1, 706.3, and 713 as follows:
18 (750 ILCS 5/507) (from Ch. 40, par. 507)
19 Sec. 507. Payment of maintenance or support to court.
20 (a) In actions instituted under this Act, the court
21 shall order that maintenance and support payments be made to
22 the clerk of court as trustee for remittance to the person
23 entitled to receive the payments. However, the court in its
24 discretion may direct otherwise where circumstances so
25 warrant.
26 In cases in which a party is receiving child and spouse
27 support services under Article X of the Illinois Public Aid
28 Code and the order for support provides that child support
29 payments be made to the obligee, the Illinois Department of
30 Public Aid may provide notice to the obligor and the
31 obligor's payor, when income withholding is in effect in
32 accordance with the Income Withholding for Support under
HB3048 Enrolled -43- LRB9007060SMfg
1 Section 706.1 of this Act, to make all payments after receipt
2 of the Department's notice to the clerk of the court until
3 further notice by the Department or order of the court.
4 Copies of the notice shall be provided to the obligee and the
5 clerk. The clerk's copy shall contain a proof of service on
6 the obligor and the obligor's payor, where applicable. The
7 clerk shall file the clerk's copy of the notice in the court
8 file. The notice to the obligor and the payor, if applicable,
9 may be sent by ordinary mail, certified mail, return receipt
10 requested, facsimile transmission, or other electronic
11 process, or may be served upon the obligor or payor using any
12 method provided by law for service of a summons. An obligor
13 who fails to comply with a notice provided under this
14 paragraph is guilty of a Class B misdemeanor. A payor who
15 fails to comply with a notice provided under this paragraph
16 is guilty of a business offense and subject to a fine of up
17 to $1,000.
18 Upon notification in writing or by electronic
19 transmission from the Illinois Department of Public Aid to
20 the clerk of the court that a person who is receiving support
21 payments under this Section is receiving services under the
22 Child Support Enforcement Program established by Title IV-D
23 of the 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 until the Department gives notice to the clerk
27 of the court to cease the transmittal. After providing the
28 notification authorized under this paragraph, the Illinois
29 Department of Public Aid shall be entitled as a party to
30 notice of any further proceedings in the case. The clerk of
31 the court shall file a copy of the Illinois Department of
32 Public Aid's notification in the court file. The failure of
33 the clerk to file a copy of the notification in the court
34 file shall not, however, affect the Illinois Department of
HB3048 Enrolled -44- LRB9007060SMfg
1 Public Aid's right to receive notice of further proceedings.
2 (b) The clerk of court shall maintain records listing
3 the amount of payments, the date payments are required to be
4 made and the names and addresses of the parties affected by
5 the order. For those cases in which support is payable to the
6 clerk of the circuit court for transmittal to the Illinois
7 Department of Public Aid by order of the court or upon
8 notification of the Illinois Department of Public Aid, and
9 the Illinois Department of Public Aid collects support by
10 assignment, offset, withholding, deduction or other process
11 permitted by law, the Illinois Department shall notify the
12 clerk of the date and amount of such collection. Upon
13 notification, the clerk shall record the collection on the
14 payment record for the case.
15 (c) The parties affected by the order shall inform the
16 clerk of court of any change of address or of other condition
17 that may affect the administration of the order.
18 (d) The provisions of this Section shall not apply to
19 cases that come under the provisions of Sections 709 through
20 712.
21 (Source: P.A. 90-18, eff. 7-1-97.)
22 (750 ILCS 5/511) (from Ch. 40, par. 511)
23 Sec. 511. Procedure. A judgment of dissolution or of
24 legal separation or of declaration of invalidity of marriage
25 may be enforced or modified by order of court pursuant to
26 petition.
27 (a) Any judgment entered within this State may be
28 enforced or modified in the judicial circuit wherein such
29 judgment was entered or last modified by the filing of a
30 petition with notice mailed to the respondent at his last
31 known address, or by the issuance of summons to the
32 respondent. If neither party continues to reside in the
33 county wherein such judgment was entered or last modified,
HB3048 Enrolled -45- LRB9007060SMfg
1 the court on the motion of either party or on its own motion
2 may transfer a post-judgment proceeding, including a
3 proceeding under the Income Withholding for Support Section
4 706.1 of this Act, to another county or judicial circuit, as
5 appropriate, where either party resides. If the
6 post-judgment proceeding is with respect to maintenance or
7 support, any such transfer shall be to the county or judicial
8 circuit wherein the recipient or proposed recipient of such
9 maintenance or support resides.
10 (b) In any post-judgment proceeding to enforce or modify
11 in one judicial circuit the judgment of another judicial
12 circuit of this State, the moving party shall commence the
13 proceeding by filing a petition establishing the judgment and
14 attaching a copy of the judgment as a part of the petition.
15 The parties shall continue to be designated as in the
16 original proceeding. Notice of the filing of the petition
17 shall be mailed to the clerk of the court wherein the
18 judgment was entered and last modified in the same manner as
19 notice is mailed when registering a foreign judgment. Summons
20 shall be served as provided by law.
21 (c) In any post-judgment proceeding to enforce or modify
22 the judgment of another state, the moving party shall
23 commence the proceeding by filing a petition to enroll that
24 judgment, attaching a copy thereof as a part of the petition
25 and proceed as provided for in paragraph (b) hereof.
26 (d) In any post-judgment proceeding to enforce a
27 judgment or order for payment of maintenance or support,
28 including a proceeding under the Income Withholding for
29 Support Section 706.1 of this Act, where the terms of such
30 judgment or order provide that payments of such maintenance
31 or support are to be made to the clerk of the court and where
32 neither party continues to reside in the county wherein such
33 judgment or order was entered or last modified, the court on
34 the motion of either party or on its own motion may transfer
HB3048 Enrolled -46- LRB9007060SMfg
1 the collection of the maintenance or support to the clerk of
2 the court in another county or judicial circuit, as
3 appropriate, wherein the recipient of the maintenance or
4 support payments resides.
5 (Source: P.A. 85-2.)
6 (750 ILCS 5/705) (from Ch. 40, par. 705)
7 Sec. 705. Support payments; receiving and disbursing
8 agents.
9 (1) The provisions of this Section shall apply, except
10 as provided in Sections 709 through 712.
11 (2) In a dissolution of marriage action filed in a
12 county of less than 3 million population in which an order or
13 judgment for child support is entered, and in supplementary
14 proceedings in any such county to enforce or vary the terms
15 of such order or judgment arising out of an action for
16 dissolution of marriage filed in such county, the court,
17 except as it otherwise orders, under subsection (4) of this
18 Section, may direct that child support payments be made to
19 the clerk of the court.
20 (3) In a dissolution of marriage action filed in any
21 county of 3 million or more population in which an order or
22 judgment for child support is entered, and in supplementary
23 proceedings in any such county to enforce or vary the terms
24 of such order or judgment arising out of an action for
25 dissolution of marriage filed in such county, the court,
26 except as it otherwise orders under subsection (4) of this
27 Section, may direct that child support payments be made
28 either to the clerk of the court or to the Court Service
29 Division of the County Department of Public Aid. After the
30 effective date of this Act, the court, except as it otherwise
31 orders under subsection (4) of this Section, may direct that
32 child support payments be made either to the clerk of the
33 court or to the Illinois Department of Public Aid.
HB3048 Enrolled -47- LRB9007060SMfg
1 (4) In a dissolution of marriage action or supplementary
2 proceedings involving maintenance or child support payments,
3 or both, to persons who are recipients of aid under the
4 Illinois Public Aid Code, the court shall direct that such
5 payments be made to (a) the Illinois Department of Public Aid
6 if the persons are recipients under Articles III, IV, or V of
7 the Code, or (b) the local governmental unit responsible for
8 their support if they are recipients under Articles VI or VII
9 of the Code. In accordance with federal law and regulations,
10 the Illinois Department of Public Aid may continue to collect
11 current maintenance payments or child support payments, or
12 both, after those persons cease to receive public assistance
13 and until termination of services under Article X of the
14 Illinois Public Aid Code. The Illinois Department of Public
15 Aid shall pay the net amount collected to those persons after
16 deducting any costs incurred in making the collection or any
17 collection fee from the amount of any recovery made. The
18 order shall permit the Illinois Department of Public Aid or
19 the local governmental unit, as the case may be, to direct
20 that payments be made directly to the former spouse, the
21 children, or both, or to some person or agency in their
22 behalf, upon removal of the former spouse or children from
23 the public aid rolls or upon termination of services under
24 Article X of the Illinois Public Aid Code; and upon such
25 direction, the Illinois Department or local governmental
26 unit, as the case requires, shall give notice of such action
27 to the court in writing or by electronic transmission.
28 (5) All clerks of the court and the Court Service
29 Division of a County Department of Public Aid and, after the
30 effective date of this Act, all clerks of the court and the
31 Illinois Department of Public Aid, receiving child support
32 payments under subsections (2) and (3) of this Section shall
33 disburse the payments to the person or persons entitled
34 thereto under the terms of the order or judgment. They shall
HB3048 Enrolled -48- LRB9007060SMfg
1 establish and maintain current records of all moneys received
2 and disbursed and of defaults and delinquencies in required
3 payments. The court, by order or rule, shall make provision
4 for the carrying out of these duties.
5 In cases in which a party is receiving child and spouse
6 support services under Article X of the Illinois Public Aid
7 Code and the order for support provides that child support
8 payments be made to the obligee, the Illinois Department of
9 Public Aid may provide notice to the obligor and the
10 obligor's payor, when income withholding is in effect in
11 accordance with the Income Withholding for Support under
12 Section 706.1 of this Act, to make all payments after receipt
13 of the Department's notice to the clerk of the court until
14 further notice by the Department or order of the court.
15 Copies of the notice shall be provided to the obligee and the
16 clerk. The clerk's copy shall contain a proof of service on
17 the obligor and the obligor's payor, where applicable. The
18 clerk shall file the clerk's copy of the notice in the court
19 file. The notice to the obligor and the payor, if applicable,
20 may be sent by ordinary mail, certified mail, return receipt
21 requested, facsimile transmission, or other electronic
22 process, or may be served upon the obligor or payor using any
23 method provided by law for service of a summons. An obligor
24 who fails to comply with a notice provided under this
25 paragraph is guilty of a Class B misdemeanor. A payor who
26 fails to comply with a notice provided under this paragraph
27 is guilty of a business offense and subject to a fine of up
28 to $1,000.
29 Upon notification in writing or by electronic
30 transmission from the Illinois Department of Public Aid to
31 the clerk of the court that a person who is receiving support
32 payments under this Section is receiving services under the
33 Child Support Enforcement Program established by Title IV-D
34 of the Social Security Act, any support payments subsequently
HB3048 Enrolled -49- LRB9007060SMfg
1 received by the clerk of the court shall be transmitted in
2 accordance with the instructions of the Illinois Department
3 of Public Aid until the Department gives notice to the clerk
4 of the court to cease the transmittal. After providing the
5 notification authorized under this paragraph, the Illinois
6 Department of Public Aid shall be entitled as a party to
7 notice of any further proceedings in the case. The clerk of
8 the court shall file a copy of the Illinois Department of
9 Public Aid's notification in the court file. The failure of
10 the clerk to file a copy of the notification in the court
11 file shall not, however, affect the Illinois Department of
12 Public Aid's right to receive notice of further proceedings.
13 Payments under this Section to the Illinois Department of
14 Public Aid pursuant to the Child Support Enforcement Program
15 established by Title IV-D of the Social Security Act shall be
16 paid into the Child Support Enforcement Trust Fund. All other
17 payments under this Section to the Illinois Department of
18 Public Aid shall be deposited in the Public Assistance
19 Recoveries Trust Fund. Disbursements from these funds shall
20 be as provided in the Illinois Public Aid Code. Payments
21 received by a local governmental unit shall be deposited in
22 that unit's General Assistance Fund. Any order of court
23 directing payment of child support to a clerk of court or the
24 Court Service Division of a County Department of Public Aid,
25 which order has been entered on or after August 14, 1961, and
26 prior to the effective date of this Act, may be amended by
27 the court in line with this Act; and orders involving
28 payments of maintenance or child support to recipients of
29 public aid may in like manner be amended to conform to this
30 Act.
31 (6) No filing fee or costs will be required in any
32 action brought at the request of the Illinois Department of
33 Public Aid in any proceeding under this Act. However, any
34 such fees or costs may be assessed by the court against the
HB3048 Enrolled -50- LRB9007060SMfg
1 respondent in the court's order of support or any
2 modification thereof in a proceeding under this Act.
3 (7) For those cases in which child support is payable to
4 the clerk of the circuit court for transmittal to the
5 Illinois Department of Public Aid by order of court or upon
6 notification by the Illinois Department of Public Aid, the
7 clerk shall transmit all such payments, within 4 working days
8 of receipt, to insure that funds are available for immediate
9 distribution by the Department to the person or entity
10 entitled thereto in accordance with standards of the Child
11 Support Enforcement Program established under Title IV-D of
12 the Social Security Act. The clerk shall notify the
13 Department of the date of receipt and amount thereof at the
14 time of transmittal. Where the clerk has entered into an
15 agreement of cooperation with the Department to record the
16 terms of child support orders and payments made thereunder
17 directly into the Department's automated data processing
18 system, the clerk shall account for, transmit and otherwise
19 distribute child support payments in accordance with such
20 agreement in lieu of the requirements contained herein.
21 In any action filed in a county with a population of
22 1,000,000 or less, the court shall assess against the
23 respondent in any order of maintenance or child support any
24 sum up to $36 annually authorized by ordinance of the county
25 board to be collected by the clerk of the court as costs for
26 administering the collection and disbursement of maintenance
27 and child support payments. Such sum shall be in addition to
28 and separate from amounts ordered to be paid as maintenance
29 or child support.
30 (Source: P.A. 90-18, eff. 7-1-97.)
31 (750 ILCS 5/706.1) (from Ch. 40, par. 706.1)
32 Sec. 706.1. Withholding of Income to Secure Payment of
33 Support. Orders for support entered under this Act are
HB3048 Enrolled -51- LRB9007060SMfg
1 subject to the Income Withholding for Support Act.
2 (A) Definitions.
3 (1) "Order for support" means any order of the court
4 which provides for periodic payment of funds for the support
5 of a child or maintenance of a spouse, whether temporary or
6 final, and includes any such order which provides for:
7 (a) Modification or resumption of, or payment of
8 arrearage accrued under, a previously existing order;
9 (b) Reimbursement of support; or
10 (c) Enrollment in a health insurance plan that is
11 available to the obligor through an employer or labor
12 union or trade union.
13 (2) "Arrearage" means the total amount of unpaid support
14 obligations as determined by the court and incorporated into
15 an order for support.
16 (3) "Delinquency" means any payment under an order for
17 support which becomes due and remains unpaid after entry of
18 the order for support.
19 (4) "Income" means any form of periodic payment to an
20 individual, regardless of source, including, but not limited
21 to: wages, salary, commission, compensation as an independent
22 contractor, workers' compensation, disability, annuity,
23 pension, and retirement benefits, lottery prize awards,
24 insurance proceeds, vacation pay, bonuses, profit-sharing
25 payments, interest, and any other payments, made by any
26 person, private entity, federal or state government, any unit
27 of local government, school district or any entity created by
28 Public Act; however, "income" excludes:
29 (a) Any amounts required by law to be withheld,
30 other than creditor claims, including, but not limited
31 to, federal, State and local taxes, Social Security and
32 other retirement and disability contributions;
33 (b) Union dues;
34 (c) Any amounts exempted by the federal Consumer
HB3048 Enrolled -52- LRB9007060SMfg
1 Credit Protection Act;
2 (d) Public assistance payments; and
3 (e) Unemployment insurance benefits except as
4 provided by law.
5 Any other State or local laws which limit or exempt
6 income or the amount or percentage of income that can be
7 withheld shall not apply.
8 (5) "Obligor" means the individual who owes a duty to
9 make payments under an order for support.
10 (6) "Obligee" means the individual to whom a duty of
11 support is owed or the individual's legal representative.
12 (7) "Payor" means any payor of income to an obligor.
13 (8) "Public office" means any elected official or any
14 State or local agency which is or may become responsible by
15 law for enforcement of, or which is or may become authorized
16 to enforce, an order for support, including, but not limited
17 to: the Attorney General, the Illinois Department of Public
18 Aid, the Illinois Department of Human Services, the Illinois
19 Department of Children and Family Services, and the various
20 State's Attorneys, Clerks of the Circuit Court and
21 supervisors of general assistance.
22 (9) "Premium" means the dollar amount for which the
23 obligor is liable to his employer or labor union or trade
24 union and which must be paid to enroll or maintain a child in
25 a health insurance plan that is available to the obligor
26 through an employer or labor union or trade union.
27 (B) Entry of Order for Support Containing Income Withholding
28 Provisions; Income Withholding Notice.
29 (1) In addition to any content required under other
30 laws, every order for support entered on or after July 1,
31 1997, shall:
32 (a) Require an income withholding notice to be
33 prepared and served immediately upon any payor of the
34 obligor by the obligee or public office, unless a written
HB3048 Enrolled -53- LRB9007060SMfg
1 agreement is reached between and signed by both parties
2 providing for an alternative arrangement, approved and
3 entered into the record by the court, which ensures
4 payment of support. In that case, the order for support
5 shall provide that an income withholding notice is to be
6 prepared and served only if the obligor becomes
7 delinquent in paying the order for support; and
8 (b) Contain a dollar amount to be paid until
9 payment in full of any delinquency that accrues after
10 entry of the order for support. The amount for payment
11 of delinquency shall not be less than 20% of the total of
12 the current support amount and the amount to be paid
13 periodically for payment of any arrearage stated in the
14 order for support; and
15 (c) Include the obligor's Social Security Number,
16 which the obligor shall disclose to the court. If the
17 obligor is not a United States citizen, the obligor shall
18 disclose to the court, and the court shall include in the
19 order for support, the obligor's alien registration
20 number, passport number, and home country's social
21 security or national health number, if applicable.
22 (2) At the time the order for support is entered, the
23 Clerk of the Circuit Court shall provide a copy of the order
24 to the obligor and shall make copies available to the obligee
25 and public office.
26 (3) The income withholding notice shall:
27 (a) Be in the standard format prescribed by the
28 federal Department of Health and Human Services; and
29 (b) Direct any payor to withhold the dollar amount
30 required for current support under the order for support;
31 and
32 (c) Direct any payor to withhold the dollar amount
33 required to be paid periodically under the order for
34 support for payment of the amount of any arrearage stated
HB3048 Enrolled -54- LRB9007060SMfg
1 in the order for support; and
2 (d) Direct any payor or labor union or trade union
3 to enroll a child as a beneficiary of a health insurance
4 plan and withhold or cause to be withheld, if applicable,
5 any required premiums; and
6 (e) State the amount of the payor income
7 withholding fee specified under this Section; and
8 (f) State that the amount actually withheld from
9 the obligor's income for support and other purposes,
10 including the payor withholding fee specified under this
11 Section, may not be in excess of the maximum amount
12 permitted under the federal Consumer Credit Protection
13 Act; and
14 (g) State the duties of the payor and the fines and
15 penalties for failure to withhold and pay over income and
16 for discharging, disciplining, refusing to hire, or
17 otherwise penalizing the obligor because of the duty to
18 withhold and pay over income under this Section; and
19 (h) State the rights, remedies, and duties of the
20 obligor under this Section; and
21 (i) Include the obligor's Social Security Number;
22 and
23 (j) Include the date that withholding for current
24 support terminates, which shall be the date of
25 termination of the current support obligation set forth
26 in the order for support.
27 (4) The accrual of a delinquency as a condition for
28 service of an income withholding notice, under the exception
29 to immediate withholding in paragraph (1) of this subsection,
30 shall apply only to the initial service of an income
31 withholding notice on a payor of the obligor.
32 (5) Notwithstanding the exception to immediate
33 withholding contained in paragraph (1) of this subsection, if
34 the court finds at the time of any hearing that an arrearage
HB3048 Enrolled -55- LRB9007060SMfg
1 has accrued, the court shall order immediate service of an
2 income withholding notice upon the payor.
3 (6) If the order for support, under the exception to
4 immediate withholding contained in paragraph (1) of this
5 subsection, provides that an income withholding notice is to
6 be prepared and served only if the obligor becomes delinquent
7 in paying the order for support, the obligor may execute a
8 written waiver of that condition and request immediate
9 service on the payor.
10 (7) The obligee or public office may serve the income
11 withholding notice on the payor or its superintendent,
12 manager, or other agent by ordinary mail or certified mail
13 return receipt requested, by facsimile transmission or other
14 electronic means, by personal delivery, or by any method
15 provided by law for service of a summons. At the time of
16 service on the payor and as notice that withholding has
17 commenced, the obligee or public office shall serve a copy of
18 the income withholding notice on the obligor by ordinary mail
19 addressed to his or her last known address. Proofs of
20 service on the payor and the obligor shall be filed with the
21 Clerk of the Circuit Court.
22 (8) At any time after the initial service of an income
23 withholding notice under this Section, any other payor of the
24 obligor may be served with the same income withholding notice
25 without further notice to the obligor.
26 (4) New service of an order for withholding is not
27 required in order to resume withholding of income in the case
28 of an obligor with respect to whom an order for withholding
29 was previously served on the payor if withholding of income
30 was terminated because of an interruption in the obligor's
31 employment of less than 180 days.
32 (C) Income Withholding After Accrual of Delinquency.
33 (1) Whenever an obligor accrues a delinquency, the
34 obligee or public office may prepare and serve upon the
HB3048 Enrolled -56- LRB9007060SMfg
1 obligor's payor an income withholding notice that:
2 (a) Contains the information required under
3 paragraph (3) of subsection (B); and
4 (b) Contains a computation of the period and total
5 amount of the delinquency as of the date of the notice;
6 and
7 (c) Directs the payor to withhold the dollar amount
8 required to be withheld periodically under the order for
9 support for payment of the delinquency.
10 (2) The income withholding notice and the obligor's copy
11 of the income withholding notice shall be served as provided
12 in paragraph (7) of subsection (B).
13 (3) The obligor may contest withholding commenced under
14 this subsection by filing a petition to contest withholding
15 with the Clerk of the Circuit Court within 20 days after
16 service of a copy of the income withholding notice on the
17 obligor. However, the grounds for the petition to contest
18 withholding shall be limited to:
19 (a) A dispute concerning the existence or amount of
20 the delinquency; or
21 (b) The identity of the obligor.
22 The Clerk of the Circuit Court shall notify the obligor
23 and the obligee or public office of the time and place of the
24 hearing on the petition to contest withholding. The court
25 shall hold the hearing pursuant to the provisions of
26 subsection (F).
27 (D) Initiated Withholding.
28 (1) Notwithstanding any other provision of this Section,
29 if the court has not required that income withholding take
30 effect immediately, the obligee or public office may initiate
31 withholding, regardless of whether a delinquency has accrued,
32 by preparing and serving an income withholding notice on the
33 payor that contains the information required under paragraph
34 (3) of subsection (B) and states that the parties' written
HB3048 Enrolled -57- LRB9007060SMfg
1 agreement providing an alternative arrangement to immediate
2 withholding under paragraph (1) of subsection (B) no longer
3 ensures payment of support due and the reason or reasons why
4 it does not.
5 (2) The income withholding notice and the obligor's copy
6 of the income withholding notice shall be served as provided
7 in paragraph (7) of subsection (B).
8 (3) The obligor may contest withholding commenced under
9 this subsection by filing a petition to contest withholding
10 with the Clerk of the Circuit Court within 20 days after
11 service of a copy of the income withholding notice on the
12 obligor. However, the grounds for the petition shall be
13 limited to a dispute concerning:
14 (a) whether the parties' written agreement providing
15 an alternative arrangement to immediate withholding under
16 paragraph (1) of subsection (B) continues to ensure
17 payment of support; or
18 (b) the identity of the obligor.
19 It shall not be grounds for filing a petition that the
20 obligor has made all payments due by the date of the
21 petition.
22 (4) If the obligor files a petition contesting
23 withholding within the 20-day period required under paragraph
24 (3), the Clerk of the Circuit Court shall notify the obligor
25 and the obligee or public office, as appropriate, of the time
26 and place of the hearing on the petition. The court shall
27 hold the hearing pursuant to the provisions of subsection
28 (F). regular or facsimile regular or facsimile
29 (E) Duties of Payor.
30 (1) It shall be the duty of any payor who has been
31 served with an income withholding notice to deduct and pay
32 over income as provided in this subsection. The payor shall
33 deduct the amount designated in the income withholding
34 notice, as supplemented by any notice provided pursuant to
HB3048 Enrolled -58- LRB9007060SMfg
1 paragraph (6) of subsection (G), beginning no later than the
2 next payment of income which is payable or creditable to the
3 obligor that occurs 14 days following the date the income
4 withholding notice was mailed, sent by facsimile or other
5 electronic means, or placed for personal delivery to or
6 service on the payor. The payor may combine all amounts
7 withheld for the benefit of an obligee or public office into
8 a single payment and transmit the payment with a listing of
9 obligors from whom withholding has been effected. The payor
10 shall pay the amount withheld to the obligee or public office
11 within 7 business days after the date the amount would (but
12 for the duty to withhold income) have been paid or credited
13 to the obligor. If the payor knowingly fails to pay any
14 amount withheld to the obligee or public office within 7
15 business days after the date the amount would have been paid
16 or credited to the obligor, the payor shall pay a penalty of
17 $100 for each day that the withheld amount is not paid to the
18 obligee or public office after the period of 7 business days
19 has expired. The failure of a payor, on more than one
20 occasion, to pay amounts withheld to the obligee or public
21 office within 7 business days after the date the amount would
22 have been paid or credited to the obligor creates a
23 presumption that the payor knowingly failed to pay over the
24 amounts. This penalty may be collected in a civil action
25 which may be brought against the payor in favor of the
26 obligee or public office. A finding of a payor's
27 nonperformance within the time required under this Section
28 must be documented by a certified mail return receipt showing
29 the date the order for withholding was served on the payor.
30 For 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
HB3048 Enrolled -59- LRB9007060SMfg
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.
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 to be taken from the
27 income to be paid to the obligor.
28 (2) Whenever the obligor is no longer receiving income
29 from the payor, the payor shall return a copy of the income
30 withholding notice to the obligee or public office and shall
31 provide information for the purpose of enforcing this
32 Section.
33 (3) Withholding of income under this Section shall be
34 made without regard to any prior or subsequent garnishments,
HB3048 Enrolled -60- LRB9007060SMfg
1 attachments, wage assignments, or any other claims of
2 creditors. Withholding of income under this Section shall
3 not be in excess of the maximum amounts permitted under the
4 federal Consumer Credit Protection Act. If the payor has been
5 served with more than one income withholding notice
6 pertaining to the same obligor, the payor shall allocate
7 income available for withholding on a proportionate share
8 basis, giving priority to current support payments. If there
9 is any income available for withholding after withholding for
10 all current support obligations, the payor shall allocate the
11 income to past due support payments ordered in cases in which
12 cash assistance under the Illinois Public Aid Code is not
13 being provided to the obligee and then to past due support
14 payments ordered in cases in which cash assistance under the
15 Illinois Public Aid Code is being provided to the obligee,
16 both on a proportionate share basis. A payor who complies
17 with an income withholding notice that is regular on its face
18 shall not be subject to civil liability with respect to any
19 individual, any agency, or any creditor of the obligor for
20 conduct in compliance with the notice.
21 (4) No payor shall discharge, discipline, refuse to hire
22 or otherwise penalize any obligor because of the duty to
23 withhold income.
24 (F) Petitions to Contest Withholding or to Modify, Suspend,
25 Terminate, or Correct Income Withholding Notices.
26 (1) When an obligor files a petition to contest
27 withholding, the court, after due notice to all parties,
28 shall hear the matter as soon as practicable and shall enter
29 an order granting or denying relief, ordering service of an
30 amended income withholding notice, where applicable, or
31 otherwise resolving the matter.
32 The court shall deny the obligor's petition if the court
33 finds that when the income withholding notice was mailed,
34 sent by facsimile transmission or other electronic means, or
HB3048 Enrolled -61- LRB9007060SMfg
1 placed for personal delivery to or service on the payor:
2 (a) A delinquency existed; or
3 (b) The parties' written agreement providing an
4 alternative arrangement to immediate withholding under
5 paragraph (1) of subsection (B) no longer ensured payment
6 of support.
7 (2) At any time, an obligor, obligee, public office or
8 Clerk of the Circuit Court may petition the court to:
9 (a) Modify, suspend or terminate the income
10 withholding notice because of a modification, suspension
11 or termination of the underlying order for support; or
12 (b) Modify the amount of income to be withheld to
13 reflect payment in full or in part of the delinquency or
14 arrearage by income withholding or otherwise; or
15 (c) Suspend the income withholding notice because
16 of inability to deliver income withheld to the obligee
17 due to the obligee's failure to provide a mailing address
18 or other means of delivery.
19 (3) At any time an obligor may petition the court to
20 correct a term contained in an income withholding notice to
21 conform to that stated in the underlying order for support
22 for:
23 (a) The amount of current support;
24 (b) The amount of the arrearage;
25 (c) The periodic amount for payment of the
26 arrearage; or
27 (d) The periodic amount for payment of the
28 delinquency.
29 (4) The obligor, obligee or public office shall serve on
30 the payor, in the manner provided for service of income
31 withholding notices in paragraph (7) of subsection (B), a
32 copy of any order entered pursuant to this subsection that
33 affects the duties of the payor.
34 (5) At any time, a public office or Clerk of the Circuit
HB3048 Enrolled -62- LRB9007060SMfg
1 Court may serve a notice on the payor to:
2 (a) Cease withholding of income for payment of
3 current support for a child when the support obligation
4 for that child has automatically ceased under the order
5 for support through emancipation or otherwise; or
6 (b) Cease withholding of income for payment of
7 delinquency or arrearage when the delinquency or
8 arrearage has been paid in full.
9 (6) The notice provided for under paragraph (5) of this
10 subsection shall be served on the payor in the manner
11 provided for service of income withholding notices in
12 paragraph (7) of subsection (B), and a copy shall be provided
13 to the obligor and the obligee.
14 (7) The income withholding notice shall continue to be
15 binding upon the payor until service of an amended income
16 withholding notice or any order of the court or notice
17 entered or provided for under this subsection.
18 (G) Additional Duties.
19 (1) An obligee who is receiving income withholding
20 payments under this Section shall notify the payor, if the
21 obligee receives the payments directly from the payor, or the
22 public office or the Clerk of the Circuit Court, as
23 appropriate, of any change of address within 7 days of such
24 change.
25 (2) An obligee who is a recipient of public aid shall
26 send a copy of any notice served by the obligee to the
27 Division of Child Support Enforcement of the Illinois
28 Department of Public Aid.
29 (3) Each obligor shall notify the obligee, the public
30 office, and the Clerk of the Circuit Court of any change of
31 address within 7 days.
32 (4) An obligor whose income is being withheld or who has
33 been served with a notice of delinquency pursuant to this
34 Section shall notify the obligee, the public office, and the
HB3048 Enrolled -63- LRB9007060SMfg
1 Clerk of the Circuit Court of any new payor, within 7 days.
2 (5) When the Illinois Department of Public Aid is no
3 longer authorized to receive payments for the obligee, it
4 shall, within 7 days, notify the payor or, where appropriate,
5 the Clerk of the Circuit Court, to redirect income
6 withholding payments to the obligee.
7 (6) The obligee or public office shall provide notice to
8 the payor and Clerk of the Circuit Court of any other support
9 payment made, including but not limited to, a set-off under
10 federal and State law or partial payment of the delinquency
11 or arrearage, or both.
12 (7) Any public office and Clerk of the Circuit Court
13 which collects, disburses or receives payments pursuant to
14 income withholding notices shall maintain complete, accurate,
15 and clear records of all payments and their disbursements.
16 Certified copies of payment records maintained by a public
17 office or Clerk of the Circuit Court shall, without further
18 proof, be admitted into evidence in any legal proceedings
19 under this Section.
20 (8) The Illinois Department of Public Aid shall design
21 suggested legal forms for proceeding under this Section and
22 shall make available to the courts such forms and
23 informational materials which describe the procedures and
24 remedies set forth herein for distribution to all parties in
25 support actions.
26 (9) At the time of transmitting each support payment,
27 the clerk of the circuit court shall provide the obligee or
28 public office, as appropriate, with any information furnished
29 by the payor as to the date the amount would (but for the
30 duty to withhold income) have been paid or credited to the
31 obligor.
32 (H) Penalties.
33 (1) Where a payor wilfully fails to withhold or pay over
34 income pursuant to a properly served income withholding
HB3048 Enrolled -64- LRB9007060SMfg
1 notice, or wilfully discharges, disciplines, refuses to hire
2 or otherwise penalizes an obligor as prohibited by subsection
3 (E), or otherwise fails to comply with any duties imposed by
4 this Section, the obligee, public office or obligor, as
5 appropriate, may file a complaint with the court against the
6 payor. The clerk of the circuit court shall notify the
7 obligee or public office, as appropriate, and the obligor and
8 payor of the time and place of the hearing on the complaint.
9 The court shall resolve any factual dispute including, but
10 not limited to, a denial that the payor is paying or has paid
11 income to the obligor. Upon a finding in favor of the
12 complaining party, the court:
13 (a) Shall enter judgment and direct the enforcement
14 thereof for the total amount that the payor wilfully
15 failed to withhold or pay over; and
16 (b) May order employment or reinstatement of or
17 restitution to the obligor, or both, where the obligor
18 has been discharged, disciplined, denied employment or
19 otherwise penalized by the payor and may impose a fine
20 upon the payor not to exceed $200.
21 (2) Any obligee, public office or obligor who wilfully
22 initiates a false proceeding under this Section or who
23 wilfully fails to comply with the requirements of this
24 Section shall be punished as in cases of contempt of court.
25 (I) Alternative Procedures for Service of an Income
26 Withholding Notice.
27 (1) The procedures of this subsection may be used in any
28 matter to serve an income withholding notice on a payor if:
29 (a) For any reason the most recent order for
30 support entered does not contain the income withholding
31 provisions required under subsection (B), irrespective of
32 whether a separate order for withholding was entered
33 prior to July 1, 1997; and
34 (b) The obligor has accrued a delinquency after
HB3048 Enrolled -65- LRB9007060SMfg
1 entry of the most recent order for support.
2 (2) The obligee or public office shall prepare and serve
3 the income withholding notice in accordance with the
4 provisions of subsection (C), except that the notice shall
5 contain a periodic amount for payment of the delinquency
6 equal to 20% of the total of the current support amount and
7 the amount to be paid periodically for payment of any
8 arrearage stated in the most recent order for support.
9 (3) If the obligor requests in writing that income
10 withholding become effective prior to the obligor accruing a
11 delinquency under the most recent order for support, the
12 obligee or public office may prepare and serve an income
13 withholding notice on the payor as provided in subsection
14 (B). In addition to filing proofs of service of the income
15 withholding notice on the payor and the obligor, the obligee
16 or public office shall file a copy of the obligor's written
17 request for income withholding with the Clerk of the Circuit
18 Court.
19 (4) All other provisions of this Section shall be
20 applicable with respect to the provisions of this subsection
21 (I).
22 (J) Remedies in Addition to Other Laws.
23 (1) The rights, remedies, duties and penalties created
24 by this Section are in addition to and not in substitution
25 for any other rights, remedies, duties and penalties created
26 by any other law.
27 (2) Nothing in this Section shall be construed as
28 invalidating any assignment of wages or benefits executed
29 prior to January 1, 1984 or any order for withholding served
30 prior to July 1, 1997.
31 (Source: P.A. 89-507, eff. 7-1-97; 90-18, eff. 7-1-97;
32 90-425, eff. 8-15-97; revised 9-29-97.)
33 (750 ILCS 5/706.3)
HB3048 Enrolled -66- LRB9007060SMfg
1 Sec. 706.3. Information concerning obligors.
2 (a) In this Section:
3 "Arrearage", "delinquency", "obligor", and "order for
4 support" have the meanings attributed to those terms in the
5 Income Withholding for Support Section 706.1 of this Act.
6 "Consumer reporting agency" has the meaning attributed to
7 that term in Section 603(f) of the Fair Credit Reporting Act,
8 15 U.S.C. 1681a(f).
9 (b) Whenever a court of competent jurisdiction finds
10 that an obligor either owes an arrearage of more than $10,000
11 or is delinquent in payment of an amount equal to at least 3
12 months' support obligation pursuant to an order for support,
13 the court shall direct the clerk of the court to make
14 information concerning the obligor available to consumer
15 reporting agencies.
16 (c) Whenever a court of competent jurisdiction finds
17 that an obligor either owes an arrearage of more than $10,000
18 or is delinquent in payment of an amount equal to at least 3
19 months' support obligation pursuant to an order for support,
20 the court shall direct the clerk of the court to cause the
21 obligor's name and address to be published in a newspaper of
22 general circulation in the area in which the obligor resides.
23 The clerk shall cause the obligor's name and address to be
24 published only after sending to the obligor at the obligor's
25 last known address, by certified mail, return receipt
26 requested, a notice of intent to publish the information.
27 This subsection (c) applies only if the obligor resides in
28 the county in which the clerk of the court holds office.
29 (Source: P.A. 90-466, eff. 1-1-98.)
30 (750 ILCS 5/713) (from Ch. 40, par. 713)
31 Sec. 713. Attachment of the Body. As used in this
32 Section, "obligor" has the same meaning ascribed to such term
33 in the Income Withholding for Support Section 706.1 of this
HB3048 Enrolled -67- LRB9007060SMfg
1 Act.
2 (a) In any proceeding to enforce an order for support,
3 where the obligor has failed to appear in court pursuant to
4 order of court and after due notice thereof, the court may
5 enter an order for the attachment of the body of the obligor.
6 Notices under this Section shall be served upon the obligor
7 either (1) by prepaid certified mail with delivery restricted
8 to the obligor, or (2) by personal service on the obligor.
9 The attachment order shall fix an amount of escrow which is
10 equal to a minimum of 20% of the total child support
11 arrearage alleged by the obligee in sworn testimony to be due
12 and owing. The attachment order shall direct the Sheriff of
13 any county in Illinois to take the obligor into custody and
14 shall set the number of days following release from custody
15 for a hearing to be held at which the obligor must appear, if
16 he is released under subsection (c) of this Section.
17 (b) If the obligor is taken into custody, the Sheriff
18 shall take the obligor before the court which entered the
19 attachment order. However, the Sheriff may release the
20 person after he or she has deposited the amount of escrow
21 ordered by the court pursuant to local procedures for the
22 posting of bond. The Sheriff shall advise the obligor of the
23 hearing date at which the obligor is required to appear.
24 (c) Any escrow deposited pursuant to this Section shall
25 be transmitted to the Clerk of the Circuit Court for the
26 county in which the order for attachment of the body of the
27 obligor was entered. Any Clerk who receives money deposited
28 into escrow pursuant to this Section shall notify the
29 obligee, public office or legal counsel whose name appears on
30 the attachment order of the court date at which the obligor
31 is required to appear and the amount deposited into escrow.
32 The Clerk shall disburse such money to the obligee only under
33 an order from the court that entered the attachment order
34 pursuant to this Section.
HB3048 Enrolled -68- LRB9007060SMfg
1 (d) Whenever an obligor is taken before the court by the
2 Sheriff, or appears in court after the court has ordered the
3 attachment of his body, the court shall:
4 (1) hold a hearing on the complaint or petition that
5 gave rise to the attachment order. For purposes of
6 determining arrearages that are due and owing by the obligor,
7 the court shall accept the previous sworn testimony of the
8 obligee as true and the appearance of the obligee shall not
9 be required. The court shall require sworn testimony of the
10 obligor as to his or her Social Security number, income,
11 employment, bank accounts, property and any other assets. If
12 there is a dispute as to the total amount of arrearages, the
13 court shall proceed as in any other case as to the undisputed
14 amounts; and
15 (2) order the Clerk of the Circuit Court to disburse to
16 the obligee or public office money held in escrow pursuant to
17 this Section if the court finds that the amount of arrearages
18 exceeds the amount of the escrow. Amounts received by the
19 obligee or public office shall be deducted from the amount of
20 the arrearages.
21 (e) If the obligor fails to appear in court after being
22 notified of the court date by the Sheriff upon release from
23 custody, the court shall order any monies deposited into
24 escrow to be immediately released to the obligee or public
25 office and shall proceed under subsection (a) of this Section
26 by entering another order for the attachment of the body of
27 the obligor.
28 (f) This Section shall apply to any order for support
29 issued under the "Illinois Marriage and Dissolution of
30 Marriage Act", approved September 22, 1977, as amended; the
31 "Illinois Parentage Act of 1984", effective July 1, 1985, as
32 amended; the "Revised Uniform Reciprocal Enforcement of
33 Support Act", approved August 28, 1969, as amended; "The
34 Illinois Public Aid Code", approved April 11, 1967, as
HB3048 Enrolled -69- LRB9007060SMfg
1 amended; and the "Non-support of Spouse and Children Act",
2 approved June 8, 1953, as amended.
3 (g) Any escrow established pursuant to this Section for
4 the purpose of providing support shall not be subject to fees
5 collected by the Clerk of the Circuit Court for any other
6 escrow.
7 (Source: P.A. 85-219.)
8 Section 920. The Non-Support of Spouse and Children Act
9 is amended by changing Sections 2.1, 4.1, and 4.2 as follows:
10 (750 ILCS 15/2.1) (from Ch. 40, par. 1105)
11 Sec. 2.1. Support payments; receiving and disbursing
12 agents.
13 (1) In actions instituted under this Act on and after
14 August 14, 1961, involving a minor child or children, the
15 Court, except in actions instituted on or after August 26,
16 1969, in which the support payments are in behalf of a
17 recipient of aid under the Illinois Public Aid Code, shall
18 direct that moneys ordered to be paid for support under
19 Sections 3 and 4 of this Act shall be paid to the clerk of
20 the court in counties of less than 3 million population, and
21 in counties of 3 million or more population, to the clerk or
22 probation officer of the court or to the Court Service
23 Division of the County Department of Public Aid. After the
24 effective date of this amendatory Act of 1975, the court
25 shall direct that such support moneys be paid to the clerk or
26 probation officer or the Illinois Department of Public Aid.
27 However, the court in its discretion may direct otherwise
28 where exceptional circumstances so warrant. If payment is to
29 be made to persons other than the clerk or probation officer,
30 the Court Service Division of the County Department of Public
31 Aid, or the Illinois Department of Public Aid, the judgment
32 or order of support shall set forth the facts of the
HB3048 Enrolled -70- LRB9007060SMfg
1 exceptional circumstances.
2 (2) In actions instituted after August 26, 1969, where
3 the support payments are in behalf of spouses, children, or
4 both, who are recipients of aid under the Illinois Public Aid
5 Code, the court shall order the payments to be made directly
6 to (1) the Illinois Department of Public Aid if the person is
7 a recipient under Articles III, IV or V of the Code, or (2)
8 to the local governmental unit responsible for the support of
9 the person if he or she is a recipient under Articles VI or
10 VII of the Code. In accordance with federal law and
11 regulations, the Illinois Department of Public Aid may
12 continue to collect current maintenance payments or child
13 support payments, or both, after those persons cease to
14 receive public assistance and until termination of services
15 under Article X of the Illinois Public Aid Code. The
16 Illinois Department of Public Aid shall pay the net amount
17 collected to those persons after deducting any costs incurred
18 in making the collection or any collection fee from the
19 amount of any recovery made. The order shall permit the
20 Illinois Department of Public Aid or the local governmental
21 unit, as the case may be, to direct that support payments be
22 made directly to the spouse, children, or both, or to some
23 person or agency in their behalf, upon removal of the spouse
24 or children from the public aid rolls or upon termination of
25 services under Article X of the Illinois Public Aid Code; and
26 upon such direction, the Illinois Department or the local
27 governmental unit, as the case requires, shall give notice of
28 such action to the court in writing or by electronic
29 transmission.
30 (3) The clerks, probation officers, and the Court
31 Service Division of the County Department of Public Aid in
32 counties of 3 million or more population, and, after the
33 effective date of this amendatory Act of 1975, the clerks,
34 probation officers, and the Illinois Department of Public
HB3048 Enrolled -71- LRB9007060SMfg
1 Aid, shall disburse moneys paid to them to the person or
2 persons entitled thereto under the order of the Court. They
3 shall establish and maintain current records of all moneys
4 received and disbursed and of delinquencies and defaults in
5 required payments. The Court, by order or rule, shall make
6 provision for the carrying out of these duties.
7 In cases in which a party is receiving child and spouse
8 support services under Article X of the Illinois Public Aid
9 Code and the order for support provides that child support
10 payments be made to the obligee, the Illinois Department of
11 Public Aid may provide notice to the obligor and the
12 obligor's payor, when income withholding is in effect in
13 accordance with the Income Withholding for Support under
14 Section 4.1 of this Act, to make all payments after receipt
15 of the Department's notice to the clerk of the court until
16 further notice by the Department or order of the court.
17 Copies of the notice shall be provided to the obligee and the
18 clerk. The clerk's copy shall contain a proof of service on
19 the obligor and the obligor's payor, where applicable. The
20 clerk shall file the clerk's copy of the notice in the court
21 file. The notice to the obligor and the payor, if applicable,
22 may be sent by ordinary mail, certified mail, return receipt
23 requested, facsimile transmission, or other electronic
24 process, or may be served upon the obligor or payor using any
25 method provided by law for service of a summons. An obligor
26 who fails to comply with a notice provided under this
27 paragraph is guilty of a Class B misdemeanor. A payor who
28 fails to comply with a notice provided under this paragraph
29 is guilty of a business offense and subject to a fine of up
30 to $1,000.
31 Upon notification in writing or by electronic
32 transmission from the Illinois Department of Public Aid to
33 the clerk of the court that a person who is receiving support
34 payments under this Section is receiving services under the
HB3048 Enrolled -72- LRB9007060SMfg
1 Child Support Enforcement Program established by Title IV-D
2 of the Social Security Act, any support payments subsequently
3 received by the clerk of the court shall be transmitted in
4 accordance with the instructions of the Illinois Department
5 of Public Aid until the Department gives notice to cease the
6 transmittal. After providing the notification authorized
7 under this paragraph, the Illinois Department of Public Aid
8 shall be entitled as a party to notice of any further
9 proceedings in the case. The clerk of the court shall file a
10 copy of the Illinois Department of Public Aid's notification
11 in the court file. The failure of the clerk to file a copy
12 of the notification in the court file shall not, however,
13 affect the Illinois Department of Public Aid's right to
14 receive notice of further proceedings.
15 (4) Payments under this Section to the Illinois
16 Department of Public Aid pursuant to the Child Support
17 Enforcement Program established by Title IV-D of the Social
18 Security Act shall be paid into the Child Support Enforcement
19 Trust Fund. All other payments under this Section to the
20 Illinois Department of Public Aid shall be deposited in the
21 Public Assistance Recoveries Trust Fund. Disbursements from
22 these funds shall be as provided in the Illinois Public Aid
23 Code. Payments received by a local governmental unit shall be
24 deposited in that unit's General Assistance Fund.
25 (5) Orders and assignments entered or executed prior to
26 the Act approved August 14, 1961 shall not be affected
27 thereby. Employers served with wage assignments executed
28 prior to that date shall comply with the terms thereof.
29 However, the Court, on petition of the state's attorney, or
30 of the Illinois Department of Public Aid or local
31 governmental unit in respect to recipients of public aid, may
32 order the execution of new assignments and enter new orders
33 designating the clerk, probation officer, or the Illinois
34 Department of Public Aid or appropriate local governmental
HB3048 Enrolled -73- LRB9007060SMfg
1 unit in respect to payments in behalf of recipients of public
2 aid, as the person or agency authorized to receive and
3 disburse the salary or wages assigned. On like petition the
4 Court may enter new orders designating such officers,
5 agencies or governmental units to receive and disburse the
6 payments ordered under Section 4.
7 (6) 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 by order of court or upon
10 notification by the Illinois Department of Public Aid, the
11 clerk shall transmit all such payments, within 4 working days
12 of receipt, to insure that funds are available for immediate
13 distribution by the Department to the person or entity
14 entitled thereto in accordance with standards of the Child
15 Support Enforcement Program established under Title IV-D of
16 the Social Security Act. The clerk shall notify the
17 Department of the date of receipt and amount thereof at the
18 time of transmittal. Where the clerk has entered into an
19 agreement of cooperation with the Department to record the
20 terms of child support orders and payments made thereunder
21 directly into the Department's automated data processing
22 system, the clerk shall account for, transmit and otherwise
23 distribute child support payments in accordance with such
24 agreement in lieu of the requirements contained herein.
25 (Source: P.A. 90-18, eff. 7-1-97.)
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. Orders for support entered under this Act are
29 subject to the Income Withholding for Support Act.
30 (A) Definitions.
31 (1) "Order for support" means any order of the court
32 which provides for periodic payment of funds for the support
33 of a child or maintenance of a spouse, whether temporary or
HB3048 Enrolled -74- LRB9007060SMfg
1 final, and includes any such order which provides for:
2 (a) Modification or resumption of, or payment of
3 arrearage accrued under, a previously existing order;
4 (b) Reimbursement of support; or
5 (c) Enrollment in a health insurance plan that is
6 available to the obligor through an employer or labor
7 union or trade union.
8 (2) "Arrearage" means the total amount of unpaid support
9 obligations as determined by the court and incorporated into
10 an order for support.
11 (3) "Delinquency" means any payment under an order for
12 support which becomes due and remains unpaid after entry of
13 the order for support.
14 (4) "Income" means any form of periodic payment to an
15 individual, regardless of source, including, but not limited
16 to: wages, salary, commission, compensation as an independent
17 contractor, workers' compensation, disability, annuity,
18 pension, and retirement benefits, lottery prize awards,
19 insurance proceeds, vacation pay, bonuses, profit-sharing
20 payments, interest, and any other payments, made by any
21 person, private entity, federal or state government, any unit
22 of local government, school district or any entity created by
23 Public Act; however, "income" excludes:
24 (a) Any amounts required by law to be withheld,
25 other than creditor claims, including, but not limited
26 to, federal, State and local taxes, Social Security and
27 other retirement and disability contributions;
28 (b) Union dues;
29 (c) Any amounts exempted by the federal Consumer
30 Credit Protection Act;
31 (d) Public assistance payments; and
32 (e) Unemployment insurance benefits except as
33 provided by law.
34 Any other State or local laws which limit or exempt
HB3048 Enrolled -75- LRB9007060SMfg
1 income or the amount or percentage of income that can be
2 withheld shall not apply.
3 (5) "Obligor" means the individual who owes a duty to
4 make payments under an order for support.
5 (6) "Obligee" means the individual to whom a duty of
6 support is owed or the individual's legal representative.
7 (7) "Payor" means any payor of income to an obligor.
8 (8) "Public office" means any elected official or any
9 State or local agency which is or may become responsible by
10 law for enforcement of, or which is or may become authorized
11 to enforce, an order for support, including, but not limited
12 to: the Attorney General, the Illinois Department of Public
13 Aid, the Illinois Department of Human Services, the Illinois
14 Department of Children and Family Services, and the various
15 State's Attorneys, Clerks of the Circuit Court and
16 supervisors of general assistance.
17 (9) "Premium" means the dollar amount for which the
18 obligor is liable to his employer or labor union or trade
19 union and which must be paid to enroll or maintain a child in
20 a health insurance plan that is available to the obligor
21 through an employer or labor union or trade union.
22 (B) Entry of Order for Support Containing Income Withholding
23 Provisions; Income Withholding Notice.
24 (1) In addition to any content required under other
25 laws, every order for support entered on or after July 1,
26 1997, shall:
27 (a) Require an income withholding notice to be
28 prepared and served immediately upon any payor of the
29 obligor by the obligee or public office, unless a written
30 agreement is reached between and signed by both parties
31 providing for an alternative arrangement, approved and
32 entered into the record by the court, which ensures
33 payment of support. In that case, the order for support
34 shall provide that an income withholding notice is to be
HB3048 Enrolled -76- LRB9007060SMfg
1 prepared and served only if the obligor becomes
2 delinquent in paying the order for support; and
3 (b) Contain a dollar amount to be paid until
4 payment in full of any delinquency that accrues after
5 entry of the order for support. The amount for payment
6 of delinquency shall not be less than 20% of the total of
7 the current support amount and the amount to be paid
8 periodically for payment of any arrearage stated in the
9 order for support; and
10 (c) Include the obligor's Social Security Number,
11 which the obligor shall disclose to the court. If the
12 obligor is not a United States citizen, the obligor shall
13 disclose to the court, and the court shall include in the
14 order for support, the obligor's alien registration
15 number, passport number, and home country's social
16 security or national health number, if applicable.
17 (2) At the time the order for support is entered, the
18 Clerk of the Circuit Court shall provide a copy of the order
19 to the obligor and shall make copies available to the obligee
20 and public office.
21 (3) The income withholding notice shall:
22 (a) Be in the standard format prescribed by the
23 federal Department of Health and Human Services; and
24 (b) Direct any payor to withhold the dollar amount
25 required for current support under the order for support;
26 and
27 (c) Direct any payor to withhold the dollar amount
28 required to be paid periodically under the order for
29 support for payment of the amount of any arrearage stated
30 in the order for support; and
31 (d) Direct any payor or labor union or trade union
32 to enroll a child as a beneficiary of a health insurance
33 plan and withhold or cause to be withheld, if applicable,
34 any required premiums; and
HB3048 Enrolled -77- LRB9007060SMfg
1 (e) State the amount of the payor income
2 withholding fee specified under this Section; and
3 (f) State that the amount actually withheld from
4 the obligor's income for support and other purposes,
5 including the payor withholding fee specified under this
6 Section, may not be in excess of the maximum amount
7 permitted under the federal Consumer Credit Protection
8 Act; and
9 (g) State the duties of the payor and the fines and
10 penalties for failure to withhold and pay over income and
11 for discharging, disciplining, refusing to hire, or
12 otherwise penalizing the obligor because of the duty to
13 withhold and pay over income under this Section; and
14 (h) State the rights, remedies, and duties of the
15 obligor under this Section; and
16 (i) Include the obligor's Social Security Number;
17 and
18 (j) Include the date that withholding for current
19 support terminates, which shall be the date of
20 termination of the current support obligation set forth
21 in the order for support.
22 (4) The accrual of a delinquency as a condition for
23 service of an income withholding notice, under the exception
24 to immediate withholding in paragraph (1) of this subsection,
25 shall apply only to the initial service of an income
26 withholding notice on a payor of the obligor.
27 (5) Notwithstanding the exception to immediate
28 withholding contained in paragraph (1) of this subsection, if
29 the court finds at the time of any hearing that an arrearage
30 has accrued, the court shall order immediate service of an
31 income withholding notice upon the payor.
32 (6) If the order for support, under the exception to
33 immediate withholding contained in paragraph (1) of this
34 subsection, provides that an income withholding notice is to
HB3048 Enrolled -78- LRB9007060SMfg
1 be prepared and served only if the obligor becomes delinquent
2 in paying the order for support, the obligor may execute a
3 written waiver of that condition and request immediate
4 service on the payor.
5 (7) The obligee or public office may serve the income
6 withholding notice on the payor or its superintendent,
7 manager, or other agent by ordinary mail or certified mail
8 return receipt requested, by facsimile transmission or other
9 electronic means, by personal delivery, or by any method
10 provided by law for service of a summons. At the time of
11 service on the payor and as notice that withholding has
12 commenced, the obligee or public office shall serve a copy of
13 the income withholding notice on the obligor by ordinary mail
14 addressed to his or her last known address. Proofs of
15 service on the payor and the obligor shall be filed with the
16 Clerk of the Circuit Court.
17 (8) At any time after the initial service of an income
18 withholding notice under this Section, any other payor of the
19 obligor may be served with the same income withholding notice
20 without further notice to the obligor.
21 (4) New service of an order for withholding is not
22 required in order to resume withholding of income in the case
23 of an obligor with respect to whom an order for withholding
24 was previously served on the payor if withholding of income
25 was terminated because of an interruption in the obligor's
26 employment of less than 180 days.
27 (C) Income Withholding After Accrual of Delinquency.
28 (1) Whenever an obligor accrues a delinquency, the
29 obligee or public office may prepare and serve upon the
30 obligor's payor an income withholding notice that:
31 (a) Contains the information required under
32 paragraph (3) of subsection (B); and
33 (b) Contains a computation of the period and total
34 amount of the delinquency as of the date of the notice;
HB3048 Enrolled -79- LRB9007060SMfg
1 and
2 (c) Directs the payor to withhold the dollar amount
3 required to be withheld periodically under the order for
4 support for payment of the delinquency.
5 (2) The income withholding notice and the obligor's copy
6 of the income withholding notice shall be served as provided
7 in paragraph (7) of subsection (B).
8 (3) The obligor may contest withholding commenced under
9 this subsection by filing a petition to contest withholding
10 with the Clerk of the Circuit Court within 20 days after
11 service of a copy of the income withholding notice on the
12 obligor. However, the grounds for the petition to contest
13 withholding shall be limited to:
14 (a) A dispute concerning the existence or amount of
15 the delinquency; or
16 (b) The identity of the obligor.
17 The Clerk of the Circuit Court shall notify the obligor
18 and the obligee or public office of the time and place of the
19 hearing on the petition to contest withholding. The court
20 shall hold the hearing pursuant to the provisions of
21 subsection (F).
22 (D) Initiated Withholding.
23 (1) Notwithstanding any other provision of this Section,
24 if the court has not required that income withholding take
25 effect immediately, the obligee or public office may initiate
26 withholding, regardless of whether a delinquency has accrued,
27 by preparing and serving an income withholding notice on the
28 payor that contains the information required under paragraph
29 (3) of subsection (B) and states that the parties' written
30 agreement providing an alternative arrangement to immediate
31 withholding under paragraph (1) of subsection (B) no longer
32 ensures payment of support and the reason or reasons why it
33 does not.
34 (2) The income withholding notice and the obligor's copy
HB3048 Enrolled -80- LRB9007060SMfg
1 of the income withholding notice shall be served as provided
2 in paragraph (7) of subsection (B).
3 (3) The obligor may contest withholding commenced under
4 this subsection by filing a petition to contest withholding
5 with the Clerk of the Circuit Court within 20 days after
6 service of a copy of the income withholding notice on the
7 obligor. However, the grounds for the petition shall be
8 limited to a dispute concerning:
9 (a) whether the parties' written agreement
10 providing an alternative arrangement to immediate
11 withholding under paragraph (1) of subsection (B)
12 continues to ensure payment of support; or
13 (b) the identity of the obligor.
14 It shall not be grounds for filing a petition that the
15 obligor has made all payments due by the date of the
16 petition.
17 (4) If the obligor files a petition contesting
18 withholding within the 20-day period required under paragraph
19 (3), the Clerk of the Circuit Court shall notify the obligor
20 and the obligee or public office, as appropriate, of the time
21 and place of the hearing on the petition. The court shall
22 hold the hearing pursuant to the provisions of subsection
23 (F). regular or facsimile regular or facsimile
24 (E) Duties of Payor.
25 (1) It shall be the duty of any payor who has been
26 served with an income withholding notice to deduct and pay
27 over income as provided in this subsection. The payor shall
28 deduct the amount designated in the income withholding
29 notice, as supplemented by any notice provided pursuant to
30 paragraph (6) of subsection (G), beginning no later than the
31 next payment of income which is payable or creditable to the
32 obligor that occurs 14 days following the date the income
33 withholding notice was mailed, sent by facsimile or other
34 electronic means, or placed for personal delivery to or
HB3048 Enrolled -81- LRB9007060SMfg
1 service on the payor. The payor may combine all amounts
2 withheld for the benefit of an obligee or public office into
3 a single payment and transmit the payment with a listing of
4 obligors from whom withholding has been effected. The payor
5 shall pay the amount withheld to the obligee or public office
6 within 7 business days after the date the amount would (but
7 for the duty to withhold income) have been paid or credited
8 to the obligor. If the payor knowingly fails to pay any
9 amount withheld to the obligee or public office within 7
10 business days after the date the amount would have been paid
11 or credited to the obligor, the payor shall pay a penalty of
12 $100 for each day that the withheld amount is not paid to the
13 obligee or public office after the period of 7 business days
14 has expired. The failure of a payor, on more than one
15 occasion, to pay amounts withheld to the obligee or public
16 office within 7 business days after the date the amount would
17 have been paid or credited to the obligor creates a
18 presumption that the payor knowingly failed to pay over the
19 amounts. This penalty may be collected in a civil action
20 which may be brought against the payor in favor of the
21 obligee or public office. A finding of a payor's
22 nonperformance within the time required under this Section
23 must be documented by a certified mail return receipt showing
24 the date the order for withholding was served on the payor.
25 For purposes of this Section, a withheld amount shall be
26 considered paid by a payor on the date it is mailed by the
27 payor, or on the date an electronic funds transfer of the
28 amount has been initiated by the payor, or on the date
29 delivery of the amount has been initiated by the payor. For
30 each deduction, the payor shall provide the obligee or public
31 office, at the time of transmittal, with the date the amount
32 would (but for the duty to withhold income) have been paid or
33 credited to the obligor.
34 Upon receipt of an income withholding notice requiring
HB3048 Enrolled -82- LRB9007060SMfg
1 that a minor child be named as a beneficiary of a health
2 insurance plan available through an employer or labor union
3 or trade union, the employer or labor union or trade union
4 shall immediately enroll the minor child as a beneficiary in
5 the health insurance plan designated by the income
6 withholding notice. The employer shall withhold any required
7 premiums and pay over any amounts so withheld and any
8 additional amounts the employer pays to the insurance carrier
9 in a timely manner. The employer or labor union or trade
10 union shall mail to the obligee, within 15 days of enrollment
11 or upon request, notice of the date of coverage, information
12 on the dependent coverage plan, and all forms necessary to
13 obtain reimbursement for covered health expenses, such as
14 would be made available to a new employee. When an order for
15 dependent coverage is in effect and the insurance coverage is
16 terminated or changed for any reason, the employer or labor
17 union or trade union shall notify the obligee within 10 days
18 of the termination or change date along with notice of
19 conversion privileges.
20 For withholding of income, the payor shall be entitled to
21 receive a fee not to exceed $5 per month or the actual check
22 processing cost to be taken from the income to be paid to the
23 obligor.
24 (2) Whenever the obligor is no longer receiving income
25 from the payor, the payor shall return a copy of the income
26 withholding notice to the obligee or public office and shall
27 provide information for the purpose of enforcing this
28 Section.
29 (3) Withholding of income under this Section shall be
30 made without regard to any prior or subsequent garnishments,
31 attachments, wage assignments, or any other claims of
32 creditors. Withholding of income under this Section shall
33 not be in excess of the maximum amounts permitted under the
34 federal Consumer Credit Protection Act. If the payor has been
HB3048 Enrolled -83- LRB9007060SMfg
1 served with more than one income withholding notice
2 pertaining to the same obligor, the payor shall allocate
3 income available for withholding on a proportionate share
4 basis, giving priority to current support payments. If there
5 is any income available for withholding after withholding for
6 all current support obligations, the payor shall allocate the
7 income to past due support payments ordered in cases in which
8 cash assistance under the Illinois Public Aid Code is not
9 being provided to the obligee and then to past due support
10 payments ordered in cases in which cash assistance under the
11 Illinois Public Aid Code is being provided to the obligee,
12 both on a proportionate share basis. A payor who complies
13 with an income withholding notice that is regular on its face
14 shall not be subject to civil liability with respect to any
15 individual, any agency, or any creditor of the obligor for
16 conduct in compliance with the notice.
17 (4) No payor shall discharge, discipline, refuse to hire
18 or otherwise penalize any obligor because of the duty to
19 withhold income.
20 (F) Petitions to Contest Withholding or to Modify, Suspend,
21 Terminate, or Correct Income Withholding Notices.
22 (1) When an obligor files a petition to contest
23 withholding, the court, after due notice to all parties,
24 shall hear the matter as soon as practicable and shall enter
25 an order granting or denying relief, ordering service of an
26 amended income withholding notice, where applicable, or
27 otherwise resolving the matter.
28 The court shall deny the obligor's petition if the court
29 finds that when the income withholding notice was mailed,
30 sent by facsimile transmission or other electronic means, or
31 placed for personal delivery to or service on the payor:
32 (a) A delinquency existed; or
33 (b) The parties' written agreement providing an
34 alternative arrangement to immediate withholding under
HB3048 Enrolled -84- LRB9007060SMfg
1 paragraph (1) of subsection (B) no longer ensured payment
2 of support.
3 (2) At any time, an obligor, obligee, public office or
4 Clerk of the Circuit Court may petition the court to:
5 (a) Modify, suspend or terminate the income
6 withholding notice because of a modification, suspension
7 or termination of the underlying order for support; or
8 (b) Modify the amount of income to be withheld to
9 reflect payment in full or in part of the delinquency or
10 arrearage by income withholding or otherwise; or
11 (c) Suspend the income withholding notice because
12 of inability to deliver income withheld to the obligee
13 due to the obligee's failure to provide a mailing address
14 or other means of delivery.
15 (3) At any time an obligor may petition the court to
16 correct a term contained in an income withholding notice to
17 conform to that stated in the underlying order for support
18 for:
19 (a) The amount of current support;
20 (b) The amount of the arrearage;
21 (c) The periodic amount for payment of the
22 arrearage; or
23 (d) The periodic amount for payment of the
24 delinquency.
25 (4) The obligor, obligee or public office shall serve on
26 the payor, in the manner provided for service of income
27 withholding notices in paragraph (7) of subsection (B), a
28 copy of any order entered pursuant to this subsection that
29 affects the duties of the payor.
30 (5) At any time, a public office or Clerk of the Circuit
31 Court may serve a notice on the payor to:
32 (a) Cease withholding of income for payment of
33 current support for a child when the support obligation
34 for that child has automatically ceased under the order
HB3048 Enrolled -85- LRB9007060SMfg
1 for support through emancipation or otherwise; or
2 (b) Cease withholding of income for payment of
3 delinquency or arrearage when the delinquency or
4 arrearage has been paid in full.
5 (6) The notice provided for under paragraph (5) of this
6 subsection shall be served on the payor in the manner
7 provided for service of income withholding notices in
8 paragraph (7) of subsection (B), and a copy shall be provided
9 to the obligor and the obligee.
10 (7) The income withholding notice shall continue to be
11 binding upon the payor until service of an amended income
12 withholding notice or any order of the court or notice
13 entered or provided for under this subsection.
14 (G) Additional Duties.
15 (1) An obligee who is receiving income withholding
16 payments under this Section shall notify the payor, if the
17 obligee receives the payments directly from the payor, or the
18 public office or the Clerk of the Circuit Court, as
19 appropriate, of any change of address within 7 days of such
20 change.
21 (2) An obligee who is a recipient of public aid shall
22 send a copy of any income withholding notice served by the
23 obligee to the Division of Child Support Enforcement of the
24 Illinois Department of Public Aid.
25 (3) Each obligor shall notify the obligee, the public
26 office, and the Clerk of the Circuit Court of any change of
27 address within 7 days.
28 (4) An obligor whose income is being withheld or who has
29 been served with a notice of delinquency pursuant to this
30 Section shall notify the obligee, the public office, and the
31 Clerk of the Circuit Court of any new payor, within 7 days.
32 (5) When the Illinois Department of Public Aid is no
33 longer authorized to receive payments for the obligee, it
34 shall, within 7 days, notify the payor or, where appropriate,
HB3048 Enrolled -86- LRB9007060SMfg
1 the Clerk of the Circuit Court, to redirect income
2 withholding payments to the obligee.
3 (6) The obligee or public office shall provide notice to
4 the payor and Clerk of the Circuit Court of any other support
5 payment made, including but not limited to, a set-off under
6 federal and State law or partial payment of the delinquency
7 or arrearage, or both.
8 (7) Any public office and Clerk of the Circuit Court
9 which collects, disburses or receives payments pursuant to
10 income withholding notices shall maintain complete, accurate,
11 and clear records of all payments and their disbursements.
12 Certified copies of payment records maintained by a public
13 office or Clerk of the Circuit Court shall, without further
14 proof, be admitted into evidence in any legal proceedings
15 under this Section.
16 (8) The Illinois Department of Public Aid shall design
17 suggested legal forms for proceeding under this Section and
18 shall make available to the courts such forms and
19 informational materials which describe the procedures and
20 remedies set forth herein for distribution to all parties in
21 support actions.
22 (9) At the time of transmitting each support payment,
23 the clerk of the circuit court shall provide the obligee or
24 public office, as appropriate, with any information furnished
25 by the payor as to the date the amount would (but for the
26 duty to withhold income) have been paid or credited to the
27 obligor.
28 (H) Penalties.
29 (1) Where a payor wilfully fails to withhold or pay over
30 income pursuant to a properly served income withholding
31 notice, or wilfully discharges, disciplines, refuses to hire
32 or otherwise penalizes an obligor as prohibited by subsection
33 (E), or otherwise fails to comply with any duties imposed by
34 this Section, the obligee, public office or obligor, as
HB3048 Enrolled -87- LRB9007060SMfg
1 appropriate, may file a complaint with the court against the
2 payor. The clerk of the circuit court shall notify the
3 obligee or public office, as appropriate, and the obligor and
4 payor of the time and place of the hearing on the complaint.
5 The court shall resolve any factual dispute including, but
6 not limited to, a denial that the payor is paying or has paid
7 income to the obligor. Upon a finding in favor of the
8 complaining party, the court:
9 (a) Shall enter judgment and direct the enforcement
10 thereof for the total amount that the payor wilfully
11 failed to withhold or pay over; and
12 (b) May order employment or reinstatement of or
13 restitution to the obligor, or both, where the obligor
14 has been discharged, disciplined, denied employment or
15 otherwise penalized by the payor and may impose a fine
16 upon the payor not to exceed $200.
17 (2) Any obligee, public office or obligor who wilfully
18 initiates a false proceeding under this Section or who
19 wilfully fails to comply with the requirements of this
20 Section shall be punished as in cases of contempt of court.
21 (I) Alternative Procedures for Service of an Income
22 Withholding Notice.
23 (1) The procedures of this subsection may be used in any
24 matter to serve an income withholding notice on a payor if:
25 (a) For any reason the most recent order for
26 support entered does not contain the income withholding
27 provisions required under subsection (B), irrespective of
28 whether a separate order for withholding was entered
29 prior to July 1, 1997; and
30 (b) The obligor has accrued a delinquency after
31 entry of the most recent order for support.
32 (2) The obligee or public office shall prepare and serve
33 the income withholding notice in accordance with the
34 provisions of subsection (C), except that the notice shall
HB3048 Enrolled -88- LRB9007060SMfg
1 contain a periodic amount for payment of the delinquency
2 equal to 20% of the total of the current support amount and
3 the amount to be paid periodically for payment of any
4 arrearage stated in the most recent order for support.
5 (3) If the obligor requests in writing that income
6 withholding become effective prior to the obligor accruing a
7 delinquency under the most recent order for support, the
8 obligee or public office may prepare and serve an income
9 withholding notice on the payor as provided in subsection
10 (B). In addition to filing proofs of service of the income
11 withholding notice on the payor and the obligor, the obligee
12 or public office shall file a copy of the obligor's written
13 request for income withholding with the Clerk of the Circuit
14 Court.
15 (4) All other provisions of this Section shall be
16 applicable with respect to the provisions of this subsection
17 (I).
18 (J) Remedies in Addition to Other Laws.
19 (1) The rights, remedies, duties and penalties created
20 by this Section are in addition to and not in substitution
21 for any other rights, remedies, duties and penalties created
22 by any other law.
23 (2) Nothing in this Section shall be construed as
24 invalidating any assignment of wages or benefits executed
25 prior to January 1, 1984 or any order for withholding served
26 prior to July 1, 1997.
27 (Source: P.A. 89-507, eff. 7-1-97; 90-18, eff. 7-1-97;
28 90-425, eff. 8-15-97; revised 9-29-97.)
29 (750 ILCS 15/4.2)
30 Sec. 4.2. Information concerning obligors.
31 (a) In this Section:
32 "Arrearage", "delinquency", "obligor", and "order for
33 support" have the meanings attributed to those terms in the
HB3048 Enrolled -89- LRB9007060SMfg
1 Income Withholding for Support Section 4.1 of this Act.
2 "Consumer reporting agency" has the meaning attributed to
3 that term in Section 603(f) of the Fair Credit Reporting Act,
4 15 U.S.C. 1681a(f).
5 (b) Whenever a court of competent jurisdiction finds
6 that an obligor either owes an arrearage of more than $10,000
7 or is delinquent in payment of an amount equal to at least 3
8 months' support obligation pursuant to an order for support,
9 the court shall direct the clerk of the court to make
10 information concerning the obligor available to consumer
11 reporting agencies.
12 (c) Whenever a court of competent jurisdiction finds
13 that an obligor either owes an arrearage of more than $10,000
14 or is delinquent in payment of an amount equal to at least 3
15 months' support obligation pursuant to an order for support,
16 the court shall direct the clerk of the court to cause the
17 obligor's name and address to be published in a newspaper of
18 general circulation in the area in which the obligor resides.
19 The clerk shall cause the obligor's name and address to be
20 published only after sending to the obligor at the obligor's
21 last known address, by certified mail, return receipt
22 requested, a notice of intent to publish the information.
23 This subsection (c) applies only if the obligor resides in
24 the county in which the clerk of the court holds office.
25 (Source: P.A. 90-466, eff. 1-1-98.)
26 Section 925. The Uniform Interstate Family Support Act
27 is amended by changing Section 605 as follows:
28 (750 ILCS 22/605)
29 Sec. 605. Notice of registration of order.
30 (a) When a support order or income-withholding order
31 issued in another state is registered, the registering
32 tribunal shall notify the nonregistering party. The notice
HB3048 Enrolled -90- LRB9007060SMfg
1 must be accompanied by a copy of the registered order and the
2 documents and relevant information accompanying the order.
3 (b) The notice must inform the nonregistering party:
4 (1) that a registered order is enforceable as of
5 the date of registration in the same manner as an order
6 issued by a tribunal of this State;
7 (2) that a hearing to contest the validity or
8 enforcement of the registered order must be requested
9 within 20 days after the date of mailing or personal
10 service of the notice;
11 (3) that failure to contest the validity or
12 enforcement of the registered order in a timely manner
13 will result in confirmation of the order and enforcement
14 of the order and the alleged arrearages and precludes
15 further contest of that order with respect to any matter
16 that could have been asserted; and
17 (4) of the amount of any alleged arrearages.
18 (c) Upon registration of an income-withholding order for
19 enforcement, the registering tribunal shall notify the
20 obligor's employer pursuant to the Income Withholding for
21 Support Act Section 10-16.2 of the Illinois Public Aid Code,
22 Section 706.1 of the Illinois Marriage and Dissolution of
23 Marriage Act, Section 4.1 of the Non-Support of Spouse and
24 Children Act, and Section 20 of the Illinois Parentage Act of
25 1989.
26 (Source: P.A. 90-240, eff. 7-28-97)
27 Section 930. The Illinois Parentage Act of 1984 is
28 amended by changing Sections 15, 20, 20.5, and 21 as follows:
29 (750 ILCS 45/15) (from Ch. 40, par. 2515)
30 Sec. 15. Enforcement of Judgment or Order.
31 (a) If existence of the parent and child relationship is
32 declared, or paternity or duty of support has been
HB3048 Enrolled -91- LRB9007060SMfg
1 established under this Act or under prior law or under the
2 law of any other jurisdiction, the judgment rendered
3 thereunder may be enforced in the same or other proceedings
4 by any party or any person or agency that has furnished or
5 may furnish financial assistance or services to the child.
6 The Income Withholding for Support Act and Sections 14 and,
7 16 and 20 of this Act shall also be applicable with respect
8 to entry, modification and enforcement of any support
9 judgment entered under provisions of the "Paternity Act",
10 approved July 5, 1957, as amended, repealed July 1, 1985.
11 (b) Failure to comply with any order of the court shall
12 be punishable as contempt as in other cases of failure to
13 comply under the "Illinois Marriage and Dissolution of
14 Marriage Act", as now or hereafter amended. In addition to
15 other penalties provided by law, the court may, after finding
16 the party guilty of contempt, order that the party be:
17 (1) Placed on probation with such conditions of
18 probation as the court deems advisable;
19 (2) Sentenced to periodic imprisonment for a period
20 not to exceed 6 months. However, the court may permit
21 the party to be released for periods of time during the
22 day or night to work or conduct business or other
23 self-employed occupation. The court may further order
24 any part of all the earnings of a party during a sentence
25 of periodic imprisonment to be paid to the Clerk of the
26 Circuit Court or to the person or parent having custody
27 of the minor child for the support of said child until
28 further order of the court.
29 (2.5) The court may also pierce the ownership veil
30 of a person, persons, or business entity to discover
31 assets of a non-custodial parent held in the name of that
32 person, those persons, or that business entity if there
33 is a unity of interest and ownership sufficient to render
34 no financial separation between the non-custodial parent
HB3048 Enrolled -92- LRB9007060SMfg
1 and that person, those persons, or the business entity.
2 The following circumstances are sufficient for a court to
3 order discovery of the assets of a person, persons, or
4 business entity and to compel the application of any
5 discovered assets toward payment on the judgment for
6 support:
7 (A) the non-custodial parent and the person,
8 persons, or business entity maintain records
9 together.
10 (B) the non-custodial parent and the person,
11 persons, or business entity fail to maintain an arms
12 length relationship between themselves with regard
13 to any assets.
14 (C) the non-custodial parent transfers assets
15 to the person, persons, or business entity with the
16 intent to perpetrate a fraud on the custodial
17 parent.
18 With respect to assets which are real property, no
19 order entered under this subdivision (2.5) shall affect
20 the rights of bona fide purchasers, mortgagees, judgment
21 creditors, or other lien holders who acquire their
22 interests in the property prior to the time a notice of
23 lis pendens pursuant to the Code of Civil Procedure or a
24 copy of the order is placed of record in the office of
25 the recorder of deeds for the county in which the real
26 property is located.
27 (3) The court may also order that in cases where
28 the party is 90 days or more delinquent in payment of
29 support or has been adjudicated in arrears in an amount
30 equal to 90 days obligation or more, that the party's
31 Illinois driving privileges be suspended until the court
32 determines that the party is in compliance with the
33 judgement or duty of support. The court may also order
34 that the parent be issued a family financial
HB3048 Enrolled -93- LRB9007060SMfg
1 responsibility driving permit that would allow limited
2 driving privileges for employment and medical purposes in
3 accordance with Section 7-702.1 of the Illinois Vehicle
4 Code. The clerk of the circuit court shall certify the
5 order suspending the driving privileges of the parent or
6 granting the issuance of a family financial
7 responsibility driving permit to the Secretary of State
8 on forms prescribed by the Secretary. Upon receipt of the
9 authenticated documents, the Secretary of State shall
10 suspend the party's driving privileges until further
11 order of the court and shall, if ordered by the court,
12 subject to the provisions of Section 7-702.1 of the
13 Illinois Vehicle Code, issue a family financial
14 responsibility driving permit to the parent.
15 (c) In any post-judgment proceeding to enforce or modify
16 the judgment the parties shall continue to be designated as
17 in the original proceeding.
18 (Source: P.A. 89-92, eff. 7-1-96; 90-476, eff. 1-1-98.)
19 (750 ILCS 45/20) (from Ch. 40, par. 2520)
20 Sec. 20. Withholding of Income to Secure Payment of
21 Support. Orders for support entered under this Act are
22 subject to the Income Withholding for Support Act.
23 (A) Definitions.
24 (1) "Order for support" means any order of the court
25 which provides for periodic payment of funds for the support
26 of a child, whether temporary or final, and includes any such
27 order which provides for:
28 (a) modification or resumption of, or payment of
29 arrearage accrued under, a previously existing order;
30 (b) reimbursement of support;
31 (c) payment or reimbursement of the expense of
32 pregnancy and delivery; or
33 (d) enrollment in a health insurance plan that is
HB3048 Enrolled -94- LRB9007060SMfg
1 available to the obligor through an employer or labor
2 union or trade union.
3 (2) "Arrearage" means the total amount of unpaid support
4 obligations as determined by the court and incorporated into
5 an order for support.
6 (3) "Delinquency" means any payment under an order for
7 support which becomes due and remains unpaid after entry of
8 the order for support.
9 (4) "Income" means any form of periodic payment to an
10 individual, regardless of source, including, but not limited
11 to: wages, salary, commission, compensation as an independent
12 contractor, workers' compensation, disability, annuity,
13 pension, and retirement benefits, lottery prize awards,
14 insurance proceeds, vacation pay, bonuses, profit-sharing
15 payments, interest, and any other payments, made by any
16 person, private entity, federal or state government, any unit
17 of local government, school district or any entity created by
18 Public Act; however, "income" excludes:
19 (a) any amounts required by law to be withheld,
20 other than creditor claims, including, but not limited
21 to, federal, State and local taxes, Social Security and
22 other retirement and disability contributions;
23 (b) union dues;
24 (c) any amounts exempted by the federal Consumer
25 Credit Protection Act;
26 (d) public assistance payments; and
27 (e) unemployment insurance benefits except as
28 provided by law.
29 Any other State or local laws which limit or exempt
30 income or the amount or percentage of income that can be
31 withheld shall not apply.
32 (5) "Obligor" means the individual who owes a duty to
33 make payments under an order for support.
34 (6) "Obligee" means the individual to whom a duty of
HB3048 Enrolled -95- LRB9007060SMfg
1 support is owed or the individual's legal representative.
2 (7) "Payor" means any payor of income to an obligor.
3 (8) "Public office" means any elected official or any
4 State or local agency which is or may become responsible by
5 law for enforcement of, or which is or may become authorized
6 to enforce, an order for support, including, but not limited
7 to: the Attorney General, the Illinois Department of Public
8 Aid, the Illinois Department of Human Services, the Illinois
9 Department of Children and Family Services, and the various
10 State's Attorneys, Clerks of the Circuit Court and
11 supervisors of general assistance.
12 (9) "Premium" means the dollar amount for which the
13 obligor is liable to his employer or labor union or trade
14 union and which must be paid to enroll or maintain a child in
15 a health insurance plan that is available to the obligor
16 through an employer or labor union or trade union.
17 (B) Entry of Order for Support Containing Income Withholding
18 Provisions; Income Withholding Notice.
19 (1) In addition to any content required under other
20 laws, every order for support entered on or after July 1,
21 1997, shall:
22 (a) Require an income withholding notice to be
23 prepared and served immediately upon any payor of the
24 obligor by the obligee or public office, unless a written
25 agreement is reached between and signed by both parties
26 providing for an alternative arrangement, approved and
27 entered into the record by the court, which ensures
28 payment of support. In that case, the order for support
29 shall provide that an income withholding notice is to be
30 prepared and served only if the obligor becomes
31 delinquent in paying the order for support; and
32 (b) Contain a dollar amount to be paid until
33 payment in full of any delinquency that accrues after
34 entry of the order for support. The amount for payment
HB3048 Enrolled -96- LRB9007060SMfg
1 of delinquency shall not be less than 20% of the total of
2 the current support amount and the amount to be paid
3 periodically for payment of any arrearage stated in the
4 order for support; and
5 (c) Include the obligor's Social Security Number,
6 which the obligor shall disclose to the court. If the
7 obligor is not a United States citizen, the obligor shall
8 disclose to the court, and the court shall include in the
9 order for support, the obligor's alien registration
10 number, passport number, and home country's social
11 security or national health number, if applicable.
12 (2) At the time the order for support is entered, the
13 Clerk of the Circuit Court shall provide a copy of the order
14 to the obligor and shall make copies available to the obligee
15 and public office.
16 (3) The income withholding notice shall:
17 (a) Be in the standard format prescribed by the
18 federal Department of Health and Human Services; and
19 (b) Direct any payor to withhold the dollar amount
20 required for current support under the order for support;
21 and
22 (c) Direct any payor to withhold the dollar amount
23 required to be paid periodically under the order for
24 support for payment of the amount of any arrearage stated
25 in the order for support; and
26 (d) Direct any payor or labor union or trade union
27 to enroll a child as a beneficiary of a health insurance
28 plan and withhold or cause to be withheld, if applicable,
29 any required premiums; and
30 (e) State the amount of the payor income
31 withholding fee specified under this Section; and
32 (f) State that the amount actually withheld from
33 the obligor's income for support and other purposes,
34 including the payor withholding fee specified under this
HB3048 Enrolled -97- LRB9007060SMfg
1 Section, may not be in excess of the maximum amount
2 permitted under the federal Consumer Credit Protection
3 Act; and
4 (g) State the duties of the payor and the fines and
5 penalties for failure to withhold and pay over income and
6 for discharging, disciplining, refusing to hire, or
7 otherwise penalizing the obligor because of the duty to
8 withhold and pay over income under this Section; and
9 (h) State the rights, remedies, and duties of the
10 obligor under this Section; and
11 (i) Include the obligor's Social Security Number;
12 and
13 (j) Include the date that withholding for current
14 support terminates, which shall be the date of
15 termination of the current support obligation set forth
16 in the order for support.
17 (4) The accrual of a delinquency as a condition for
18 service of an income withholding notice, under the exception
19 to immediate withholding in paragraph (1) of this subsection,
20 shall apply only to the initial service of an income
21 withholding notice on a payor of the obligor.
22 (5) Notwithstanding the exception to immediate
23 withholding contained in paragraph (1) of this subsection, if
24 the court finds at the time of any hearing that an arrearage
25 has accrued, the court shall order immediate service of an
26 income withholding notice upon the payor.
27 (6) If the order for support, under the exception to
28 immediate withholding contained in paragraph (1) of this
29 subsection, provides that an income withholding notice is to
30 be prepared and served only if the obligor becomes delinquent
31 in paying the order for support, the obligor may execute a
32 written waiver of that condition and request immediate
33 service on the payor.
34 (7) The obligee or public office may serve the income
HB3048 Enrolled -98- LRB9007060SMfg
1 withholding notice on the payor or its superintendent,
2 manager, or other agent by ordinary mail or certified mail
3 return receipt requested, by facsimile transmission or other
4 electronic means, by personal delivery, or by any method
5 provided by law for service of a summons. At the time of
6 service on the payor and as notice that withholding has
7 commenced, the obligee or public office shall serve a copy of
8 the income withholding notice on the obligor by ordinary mail
9 addressed to his or her last known address. Proofs of
10 service on the payor and the obligor shall be filed with the
11 Clerk of the Circuit Court.
12 (8) At any time after the initial service of an income
13 withholding notice under this Section, any other payor of the
14 obligor may be served with the same income withholding notice
15 without further notice to the obligor.
16 (4) New service of an order for withholding is not
17 required in order to resume withholding of income in the case
18 of an obligor with respect to whom an order for withholding
19 was previously served on the payor if withholding of income
20 was terminated because of an interruption in the obligor's
21 employment of less than 180 days.
22 (C) Income Withholding After Accrual of Delinquency.
23 (1) Whenever an obligor accrues a delinquency, the
24 obligee or public office may prepare and serve upon the
25 obligor's payor an income withholding notice that:
26 (a) Contains the information required under
27 paragraph (3) of subsection (B); and
28 (b) Contains a computation of the period and total
29 amount of the delinquency as of the date of the notice;
30 and
31 (c) Directs the payor to withhold the dollar amount
32 required to be withheld periodically under the order for
33 support for payment of the delinquency.
34 (2) The income withholding notice and the obligor's copy
HB3048 Enrolled -99- LRB9007060SMfg
1 of the income withholding notice shall be served as provided
2 in paragraph (7) of subsection (B).
3 (3) The obligor may contest withholding commenced under
4 this subsection by filing a petition to contest withholding
5 with the Clerk of the Circuit Court within 20 days after
6 service of a copy of the income withholding notice on the
7 obligor. However, the grounds for the petition to contest
8 withholding shall be limited to:
9 (a) A dispute concerning the existence or amount of
10 the delinquency; or
11 (b) The identity of the obligor.
12 The Clerk of the Circuit Court shall notify the obligor
13 and the obligee or public office of the time and place of the
14 hearing on the petition to contest withholding. The court
15 shall hold the hearing pursuant to the provisions of
16 subsection (F).
17 (D) Initiated Withholding.
18 (1) Notwithstanding any other provision of this Section,
19 if the court has not required that income withholding take
20 effect immediately, the obligee or public office may initiate
21 withholding, regardless of whether a delinquency has accrued,
22 by preparing and serving an income withholding notice on the
23 payor that contains the information required under paragraph
24 (3) of subsection (B) and states that the parties' written
25 agreement providing an alternative arrangement to immediate
26 withholding under paragraph (1) of subsection (B) no longer
27 ensures payment of support and the reason or reasons why it
28 does not.
29 (2) The income withholding notice and the obligor's copy
30 of the income withholding notice shall be served as provided
31 in paragraph (7) of subsection (B).
32 (3) The obligor may contest withholding commenced under
33 this subsection by filing a petition to contest withholding
34 with the Clerk of the Circuit Court within 20 days after
HB3048 Enrolled -100- LRB9007060SMfg
1 service of a copy of the income withholding notice on the
2 obligor. However, the grounds for the petition shall be
3 limited to a dispute concerning:
4 (a) whether the parties' written agreement
5 providing an alternative arrangement to immediate
6 withholding under paragraph (1) of subsection (B)
7 continues to ensure payment of support; or
8 (b) the identity of the obligor.
9 It shall not be grounds for filing a petition that the
10 obligor has made all payments due by the date of the
11 petition.
12 (4) If the obligor files a petition contesting
13 withholding within the 20-day period required under paragraph
14 (3), the Clerk of the Circuit Court shall notify the obligor
15 and the obligee or public office, as appropriate, of the time
16 and place of the hearing on the petition. The court shall
17 hold the hearing pursuant to the provisions of subsection
18 (F). regular or facsimile regular or facsimile
19 (E) Duties of Payor.
20 (1) It shall be the duty of any payor who has been
21 served with an income withholding notice to deduct and pay
22 over income as provided in this subsection. The payor shall
23 deduct the amount designated in the income withholding
24 notice, as supplemented by any notice provided pursuant to
25 paragraph (6) of subsection (G), beginning no later than the
26 next payment of income which is payable or creditable to the
27 obligor that occurs 14 days following the date the income
28 withholding notice was mailed, sent by facsimile or other
29 electronic means, or placed for personal delivery to or
30 service on the payor. The payor may combine all amounts
31 withheld for the benefit of an obligee or public office into
32 a single payment and transmit the payment with a listing of
33 obligors from whom withholding has been effected. The payor
34 shall pay the amount withheld to the obligee or public office
HB3048 Enrolled -101- LRB9007060SMfg
1 within 7 business days after the date the amount would (but
2 for the duty to withhold income) have been paid or credited
3 to the obligor. If the payor knowingly fails to pay any
4 amount withheld to the obligee or public office within 7
5 business days after the date the amount would have been paid
6 or credited to the obligor, the payor shall pay a penalty of
7 $100 for each day that the withheld amount is not paid to the
8 obligee or public office after the period of 7 business days
9 has expired. The failure of a payor, on more than one
10 occasion, to pay amounts withheld to the obligee or public
11 office within 7 business days after the date the amount would
12 have been paid or credited to the obligor creates a
13 presumption that the payor knowingly failed to pay over the
14 amounts. This penalty may be collected in a civil action
15 which may be brought against the payor in favor of the
16 obligee or public office. A finding of a payor's
17 nonperformance within the time required under this Section
18 must be documented by a certified mail return receipt showing
19 the date the order for withholding was served on the payor.
20 For purposes of this Section, a withheld amount shall be
21 considered paid by a payor on the date it is mailed by the
22 payor, or on the date an electronic funds transfer of the
23 amount has been initiated by the payor, or on the date
24 delivery of the amount has been initiated by the payor. For
25 each deduction, the payor shall provide the obligee or public
26 office, at the time of transmittal, with the date the amount
27 would (but for the duty to withhold income) have been paid or
28 credited to the obligor.
29 Upon receipt of an income withholding notice requiring
30 that a minor child be named as a beneficiary of a health
31 insurance plan available through an employer or labor union
32 or trade union, the employer or labor union or trade union
33 shall immediately enroll the minor child as a beneficiary in
34 the health insurance plan designated by the income
HB3048 Enrolled -102- LRB9007060SMfg
1 withholding notice. The employer shall withhold any required
2 premiums and pay over any amounts so withheld and any
3 additional amounts the employer pays to the insurance carrier
4 in a timely manner. The employer or labor union or trade
5 union shall mail to the obligee, within 15 days of enrollment
6 or upon request, notice of the date of coverage, information
7 on the dependent coverage plan, and all forms necessary to
8 obtain reimbursement for covered health expenses, such as
9 would be made available to a new employee. When an order for
10 dependent coverage is in effect and the insurance coverage is
11 terminated or changed for any reason, the employer or labor
12 union or trade union shall notify the obligee within 10 days
13 of the termination or change date along with notice of
14 conversion privileges.
15 For withholding of income, the payor shall be entitled to
16 receive a fee not to exceed $5 per month to be taken from the
17 income to be paid to the obligor.
18 (2) Whenever the obligor is no longer receiving income
19 from the payor, the payor shall return a copy of the income
20 withholding notice to the obligee or public office and shall
21 provide information for the purpose of enforcing this
22 Section.
23 (3) Withholding of income under this Section shall be
24 made without regard to any prior or subsequent garnishments,
25 attachments, wage assignments, or any other claims of
26 creditors. Withholding of income under this Section shall
27 not be in excess of the maximum amounts permitted under the
28 federal Consumer Credit Protection Act. If the payor has been
29 served with more than one income withholding notice
30 pertaining to the same obligor, the payor shall allocate
31 income available for withholding on a proportionate share
32 basis, giving priority to current support payments. If there
33 is any income available for withholding after withholding for
34 all current support obligations, the payor shall allocate the
HB3048 Enrolled -103- LRB9007060SMfg
1 income to past due support payments ordered in cases in which
2 cash assistance under the Illinois Public Aid Code is not
3 being provided to the obligee and then to past due support
4 payments ordered in cases in which cash assistance under the
5 Illinois Public Aid Code is being provided to the obligee,
6 both on a proportionate share basis. A payor who complies
7 with an income withholding notice that is regular on its face
8 shall not be subject to civil liability with respect to any
9 individual, any agency, or any creditor of the obligor for
10 conduct in compliance with the notice.
11 (4) No payor shall discharge, discipline, refuse to hire
12 or otherwise penalize any obligor because of the duty to
13 withhold income.
14 (F) Petitions to Contest Withholding or to Modify, Suspend,
15 Terminate, or Correct Income Withholding Notices.
16 (1) When an obligor files a petition to contest
17 withholding, the court, after due notice to all parties,
18 shall hear the matter as soon as practicable and shall enter
19 an order granting or denying relief, ordering service of an
20 amended income withholding notice, where applicable, or
21 otherwise resolving the matter.
22 The court shall deny the obligor's petition if the court
23 finds that when the income withholding notice was mailed,
24 sent by facsimile transmission or other electronic means, or
25 placed for personal delivery to or service on the payor:
26 (a) A delinquency existed; or
27 (b) The parties' written agreement providing an
28 alternative arrangement to immediate withholding under
29 paragraph (1) of subsection (B) no longer ensured payment
30 of support.
31 (2) At any time, an obligor, obligee, public office or
32 Clerk of the Circuit Court may petition the court to:
33 (a) modify, suspend or terminate the income
34 withholding notice because of a modification, suspension
HB3048 Enrolled -104- LRB9007060SMfg
1 or termination of the underlying order for support; or
2 (b) modify the amount of income to be withheld to
3 reflect payment in full or in part of the delinquency or
4 arrearage by income withholding or otherwise; or
5 (c) suspend the income withholding notice because
6 of inability to deliver income withheld to the obligee
7 due to the obligee's failure to provide a mailing address
8 or other means of delivery.
9 (3) At any time an obligor may petition the court to
10 correct a term contained in an income withholding notice to
11 conform to that stated in the underlying order for support
12 for:
13 (a) The amount of current support;
14 (b) The amount of the arrearage;
15 (c) The periodic amount for payment of the
16 arrearage; or
17 (d) The periodic amount for payment of the
18 delinquency.
19 (4) The obligor, obligee or public office shall serve on
20 the payor, in the manner provided for service of income
21 withholding notices in paragraph (7) of subsection (B), a
22 copy of any order entered pursuant to this subsection that
23 affects the duties of the payor.
24 (5) At any time, a public office or Clerk of the Circuit
25 Court may serve a notice on the payor to:
26 (a) Cease withholding of income for payment of
27 current support for a child when the support obligation
28 for that child has automatically ceased under the order
29 for support through emancipation or otherwise; or
30 (b) Cease withholding of income for payment of
31 delinquency or arrearage when the delinquency or
32 arrearage has been paid in full.
33 (6) The notice provided for under paragraph (5) of this
34 subsection shall be served on the payor in the manner
HB3048 Enrolled -105- LRB9007060SMfg
1 provided for service of income withholding notices in
2 paragraph (7) of subsection (B), and a copy shall be provided
3 to the obligor and the obligee.
4 (7) The income withholding notice shall continue to be
5 binding upon the payor until service of an amended income
6 withholding notice or any order of the court or notice
7 entered or provided for under this subsection.
8 (G) Additional Duties.
9 (1) An obligee who is receiving income withholding
10 payments under this Section shall notify the payor, if the
11 obligee receives the payments directly from the payor, or the
12 public office or the Clerk of the Circuit Court, as
13 appropriate, of any change of address within 7 days of such
14 change.
15 (2) An obligee who is a recipient of public aid shall
16 send a copy of any income withholding notice served by the
17 obligee to the Division of Child Support Enforcement of the
18 Illinois Department of Public Aid.
19 (3) Each obligor shall notify the obligee, the public
20 office, and the Clerk of the Circuit Court of any change of
21 address within 7 days.
22 (4) An obligor whose income is being withheld or who has
23 been served with a notice of delinquency pursuant to this
24 Section shall notify the obligee, the public office, and the
25 Clerk of the Circuit Court of any new payor, within 7 days.
26 (5) When the Illinois Department of Public Aid is no
27 longer authorized to receive payments for the obligee, it
28 shall, within 7 days, notify the payor or, where appropriate,
29 the Clerk of the Circuit Court, to redirect income
30 withholding payments to the obligee.
31 (6) The obligee or public office shall provide notice to
32 the payor and Clerk of the Circuit Court of any other support
33 payment made, including but not limited to, a set-off under
34 federal and State law or partial payment of the delinquency
HB3048 Enrolled -106- LRB9007060SMfg
1 or arrearage, or both.
2 (7) Any public office and Clerk of the Circuit Court
3 which collects, disburses or receives payments pursuant to
4 income withholding notices shall maintain complete, accurate,
5 and clear records of all payments and their disbursements.
6 Certified copies of payment records maintained by a public
7 office or Clerk of the Circuit Court shall, without further
8 proof, be admitted into evidence in any legal proceedings
9 under this Section.
10 (8) The Illinois Department of Public Aid shall design
11 suggested legal forms for proceeding under this Section and
12 shall make available to the courts such forms and
13 informational materials which describe the procedures and
14 remedies set forth herein for distribution to all parties in
15 support actions.
16 (9) At the time of transmitting each support payment,
17 the clerk of the circuit court shall provide the obligee or
18 public office, as appropriate, with any information furnished
19 by the payor as to the date the amount would (but for the
20 duty to withhold income) have been paid or credited to the
21 obligor.
22 (H) Penalties.
23 (1) Where a payor wilfully fails to withhold or pay over
24 income pursuant to a properly served income withholding
25 notice, or wilfully discharges, disciplines, refuses to hire
26 or otherwise penalizes an obligor as prohibited by subsection
27 (E), or otherwise fails to comply with any duties imposed by
28 this Section, the obligee, public office or obligor, as
29 appropriate, may file a complaint with the court against the
30 payor. The clerk of the circuit court shall notify the
31 obligee or public office, as appropriate, and the obligor and
32 payor of the time and place of the hearing on the complaint.
33 The court shall resolve any factual dispute including, but
34 not limited to, a denial that the payor is paying or has paid
HB3048 Enrolled -107- LRB9007060SMfg
1 income to the obligor. Upon a finding in favor of the
2 complaining party, the court:
3 (a) shall enter judgment and order the enforcement
4 thereof for the total amount that the payor wilfully
5 failed to withhold or pay over; and
6 (b) may order employment or reinstatement of or
7 restitution to the obligor, or both, where the obligor
8 has been discharged, disciplined, denied employment or
9 otherwise penalized by the payor and may impose a fine
10 upon the payor not to exceed $200.
11 (2) Any obligee, public office or obligor who wilfully
12 initiates a false proceeding under this Section or who
13 wilfully fails to comply with the requirements of this
14 Section shall be punished as in cases of contempt of court.
15 (I) Alternative Procedures for Service of an Income
16 Withholding Notice.
17 (1) The procedures of this subsection may be used in any
18 matter to serve an income withholding notice on a payor if:
19 (a) For any reason the most recent order for
20 support entered does not contain the income withholding
21 provisions required under subsection (B), irrespective of
22 whether a separate order for withholding was entered
23 prior to July 1, 1997; and
24 (b) The obligor has accrued a delinquency after
25 entry of the most recent order for support.
26 (2) The obligee or public office shall prepare and serve
27 the income withholding notice in accordance with the
28 provisions of subsection (C), except that the notice shall
29 contain a periodic amount for payment of the delinquency
30 equal to 20% of the total of the current support amount and
31 the amount to be paid periodically for payment of any
32 arrearage stated in the most recent order for support.
33 (3) If the obligor requests in writing that income
34 withholding become effective prior to the obligor accruing a
HB3048 Enrolled -108- LRB9007060SMfg
1 delinquency under the most recent order for support, the
2 obligee or public office may prepare and serve an income
3 withholding notice on the payor as provided in subsection
4 (B). In addition to filing proofs of service of the income
5 withholding notice on the payor and the obligor, the obligee
6 or public office shall file a copy of the obligor's written
7 request for income withholding with the Clerk of the Circuit
8 Court.
9 (4) All other provisions of this Section shall be
10 applicable with respect to the provisions of this subsection
11 (I).
12 (J) Remedies in Addition to Other Laws.
13 (1) The rights, remedies, duties and penalties created
14 by this Section are in addition to and not in substitution
15 for any other rights, remedies, duties and penalties created
16 by any other law.
17 (2) Nothing in this Section shall be construed as
18 invalidating any assignment of wages or benefits executed
19 prior to July 1, 1985 or any order for withholding served
20 prior to July 1, 1997.
21 (Source: P.A. 89-507, eff. 7-1-97; 90-18, eff. 7-1-97;
22 90-425, eff. 8-15-97; revised 9-29-97.)
23 (750 ILCS 45/20.5)
24 Sec. 20.5. Information concerning obligors.
25 (a) In this Section:
26 "Arrearage", "delinquency", "obligor", and "order for
27 support" have the meanings attributed to those terms in the
28 Income Withholding for Support Section 20 of this Act.
29 "Consumer reporting agency" has the meaning attributed to
30 that term in Section 603(f) of the Fair Credit Reporting Act,
31 15 U.S.C. 1681a(f).
32 (b) Whenever a court of competent jurisdiction finds
33 that an obligor either owes an arrearage of more than $10,000
HB3048 Enrolled -109- LRB9007060SMfg
1 or is delinquent in payment of an amount equal to at least 3
2 months' support obligation pursuant to an order for support,
3 the court shall direct the clerk of the court to make
4 information concerning the obligor available to consumer
5 reporting agencies.
6 (c) Whenever a court of competent jurisdiction finds
7 that an obligor either owes an arrearage of more than $10,000
8 or is delinquent in payment of an amount equal to at least 3
9 months' support obligation pursuant to an order for support,
10 the court shall direct the clerk of the court to cause the
11 obligor's name and address to be published in a newspaper of
12 general circulation in the area in which the obligor resides.
13 The clerk shall cause the obligor's name and address to be
14 published only after sending to the obligor at the obligor's
15 last known address, by certified mail, return receipt
16 requested, a notice of intent to publish the information.
17 This subsection (c) applies only if the obligor resides in
18 the county in which the clerk of the court holds office.
19 (Source: P.A. 90-466, eff. 1-1-98.)
20 (750 ILCS 45/21) (from Ch. 40, par. 2521)
21 Sec. 21. Support payments; receiving and disbursing
22 agents.
23 (1) In an action filed in counties of less than 3
24 million population in which an order for child support is
25 entered, and in supplementary proceedings in such counties to
26 enforce or vary the terms of such order arising out of an
27 action filed in such counties, the court, except in actions
28 or supplementary proceedings in which the pregnancy and
29 delivery expenses of the mother or the child support payments
30 are for a recipient of aid under the Illinois Public Aid
31 Code, shall direct that child support payments be made to the
32 clerk of the court unless in the discretion of the court
33 exceptional circumstances warrant otherwise. In cases where
HB3048 Enrolled -110- LRB9007060SMfg
1 payment is to be made to persons other than the clerk of the
2 court the judgment or order of support shall set forth the
3 facts of the exceptional circumstances.
4 (2) In an action filed in counties of 3 million or more
5 population in which an order for child support is entered,
6 and in supplementary proceedings in such counties to enforce
7 or vary the terms of such order arising out of an action
8 filed date in such counties, the court, except in actions or
9 supplementary proceedings in which the pregnancy and delivery
10 expenses of the mother or the child support payments are for
11 a recipient of aid under the Illinois Public Aid Code, shall
12 direct that child support payments be made either to the
13 clerk of the court or to the Court Service Division of the
14 County Department of Public Aid, or to the clerk of the court
15 or to the Illinois Department of Public Aid, unless in the
16 discretion of the court exceptional circumstances warrant
17 otherwise. In cases where payment is to be made to persons
18 other than the clerk of the court, the Court Service Division
19 of the County Department of Public Aid, or the Illinois
20 Department of Public Aid, the judgment or order of support
21 shall set forth the facts of the exceptional circumstances.
22 (3) Where the action or supplementary proceeding is in
23 behalf of a mother for pregnancy and delivery expenses or for
24 child support, or both, and the mother, child, or both, are
25 recipients of aid under the Illinois Public Aid Code, the
26 court shall order that the payments be made directly to (a)
27 the Illinois Department of Public Aid if the mother or child,
28 or both, are recipients under Articles IV or V of the Code,
29 or (b) the local governmental unit responsible for the
30 support of the mother or child, or both, if they are
31 recipients under Articles VI or VII of the Code. In
32 accordance with federal law and regulations, the Illinois
33 Department of Public Aid may continue to collect current
34 maintenance payments or child support payments, or both,
HB3048 Enrolled -111- LRB9007060SMfg
1 after those persons cease to receive public assistance and
2 until termination of services under Article X of the Illinois
3 Public Aid Code. The Illinois Department of Public Aid shall
4 pay the net amount collected to those persons after deducting
5 any costs incurred in making the collection or any collection
6 fee from the amount of any recovery made. The Illinois
7 Department of Public Aid or the local governmental unit, as
8 the case may be, may direct that payments be made directly to
9 the mother of the child, or to some other person or agency in
10 the child's behalf, upon the removal of the mother and child
11 from the public aid rolls or upon termination of services
12 under Article X of the Illinois Public Aid Code; and upon
13 such direction, the Illinois Department or the local
14 governmental unit, as the case requires, shall give notice of
15 such action to the court in writing or by electronic
16 transmission.
17 (4) All clerks of the court and the Court Service
18 Division of a County Department of Public Aid and the
19 Illinois Department of Public Aid, receiving child support
20 payments under paragraphs (1) or (2) shall disburse the same
21 to the person or persons entitled thereto under the terms of
22 the order. They shall establish and maintain clear and
23 current records of all moneys received and disbursed and of
24 defaults and delinquencies in required payments. The court,
25 by order or rule, shall make provision for the carrying out
26 of these duties.
27 In cases in which a party is receiving child and spouse
28 support services under Article X of the Illinois Public Aid
29 Code and the order for support provides that child support
30 payments be made to the obligee, the Illinois Department of
31 Public Aid may provide notice to the obligor and the
32 obligor's payor, when income withholding is in effect in
33 accordance with the Income Withholding for Support under
34 Section 20 of this Act, to make all payments after receipt of
HB3048 Enrolled -112- LRB9007060SMfg
1 the Department's notice to the clerk of the court until
2 further notice by the Department or order of the court.
3 Copies of the notice shall be provided to the obligee and the
4 clerk. The clerk's copy shall contain a proof of service on
5 the obligor and the obligor's payor, where applicable. The
6 clerk shall file the clerk's copy of the notice in the court
7 file. The notice to the obligor and the payor, if applicable,
8 may be sent by ordinary mail, certified mail, return receipt
9 requested, facsimile transmission, or other electronic
10 process, or may be served upon the obligor or payor using any
11 method provided by law for service of a summons. An obligor
12 who fails to comply with a notice provided under this
13 paragraph is guilty of a Class B misdemeanor. A payor who
14 fails to comply with a notice provided under this paragraph
15 is guilty of a business offense and subject to a fine of up
16 to $1,000.
17 Upon notification in writing or by electronic
18 transmission from the Illinois Department of Public Aid to
19 the clerk of the court that a person who is receiving support
20 payments under this Section is receiving services under the
21 Child Support Enforcement Program established by Title IV-D
22 of the 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 until the Department gives notice to cease the
26 transmittal. After providing the notification authorized
27 under this paragraph, the Illinois Department of Public Aid
28 shall be entitled as a party to notice of any further
29 proceedings in the case. The clerk of the court shall file a
30 copy of the Illinois Department of Public Aid's notification
31 in the court file. The failure of the clerk to file a copy
32 of the notification in the court file shall not, however,
33 affect the Illinois Department of Public Aid's right to
34 receive notice of further proceedings.
HB3048 Enrolled -113- LRB9007060SMfg
1 Payments under this Section to the Illinois Department of
2 Public Aid pursuant to the Child Support Enforcement Program
3 established by Title IV-D of the Social Security Act shall be
4 paid into the Child Support Enforcement Trust Fund. All
5 other payments under this Section to the Illinois Department
6 of Public Aid shall be deposited in the Public Assistance
7 Recoveries Trust Fund. Disbursement from these funds shall
8 be as provided in the Illinois Public Aid Code. Payments
9 received by a local governmental unit shall be deposited in
10 that unit's General Assistance Fund.
11 (5) The moneys received by persons or agencies
12 designated by the court shall be disbursed by them in
13 accordance with the order. However, the court, on petition
14 of the state's attorney, may enter new orders designating the
15 clerk of the court or the Illinois Department of Public Aid,
16 as the person or agency authorized to receive and disburse
17 child support payments and, in the case of recipients of
18 public aid, the court, on petition of the Attorney General or
19 State's Attorney, shall direct subsequent payments to be paid
20 to the Illinois Department of Public Aid or to the
21 appropriate local governmental unit, as provided in paragraph
22 (3). Payments of child support by principals or sureties on
23 bonds, or proceeds of any sale for the enforcement of a
24 judgment shall be made to the clerk of the court, the
25 Illinois Department of Public Aid or the appropriate local
26 governmental unit, as the respective provisions of this
27 Section require.
28 (6) For those cases in which child support is payable to
29 the clerk of the circuit court for transmittal to the
30 Illinois Department of Public Aid by order of court or upon
31 notification by the Illinois Department of Public Aid, the
32 clerk shall transmit all such payments, within 4 working days
33 of receipt, to insure that funds are available for immediate
34 distribution by the Department to the person or entity
HB3048 Enrolled -114- LRB9007060SMfg
1 entitled thereto in accordance with standards of the Child
2 Support Enforcement Program established under Title IV-D of
3 the Social Security Act. The clerk shall notify the
4 Department of the date of receipt and amount thereof at the
5 time of transmittal. Where the clerk has entered into an
6 agreement of cooperation with the Department to record the
7 terms of child support orders and payments made thereunder
8 directly into the Department's automated data processing
9 system, the clerk shall account for, transmit and otherwise
10 distribute child support payments in accordance with such
11 agreement in lieu of the requirements contained herein.
12 (Source: P.A. 90-18, eff. 7-1-97.)
13 Section 99. Effective date. This Act takes effect
14 January 1, 1999.