State of Illinois
90th General Assembly
Legislation

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90_HB3048eng

      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 Engrossed                               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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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
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 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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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 Engrossed            -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.

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