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90_SB1024enr
New Act
305 ILCS 5/10-16.2 from Ch. 23, par. 10-16.2
750 ILCS 5/706.1 from Ch. 40, par. 706.1
750 ILCS 15/4.1 from Ch. 40, par. 1107.1
750 ILCS 20/26.1 from Ch. 40, par. 1226.1
750 ILCS 45/20 from Ch. 40, par. 2520
Creates the New Hire Reporting Act. Requires employers
to report newly hired employees to the Department of
Employment Security, and requires that Department to maintain
a database of reported information and share that information
with the Departments of Public Aid and Human Services,
circuit clerks, and federal offices for purposes of enabling
them to perform their duties concerning collection of child
support. Provides penalties for failure to comply with
reporting requirements. Requires the Department of Public
Aid to establish a community advisory committee to oversee
implementation of the Act and to take other actions. Amends
the income withholding provisions of the Public Aid Code, the
Marriage and Dissolution of Marriage Act, the Non-Support of
Spouse and Children Act, the Revised Uniform Reciprocal
Enforcement of Support Act, and the Parentage Act of 1984.
Provides for orders for withholding to be served by regular
or certified mail or facsimile (now, by certified mail or
personal delivery). Requires a payor's nonperformance within
specified time periods to be documented by certified mail
return receipt. Provides that an order for withholding need
not be served again on a payor if income withholding is
terminated because of an interruption in the obligor's
employment of less than 180 days. Effective immediately.
LRB9003396DJcd
SB1024 Enrolled LRB9003396DJcd
1 AN ACT concerning child support.
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 New Hire Reporting Act.
6 Section 30. Toll-free telephone line; public service
7 announcements.
8 (a) The Department of Employment Security shall
9 establish a toll-free telephone line for new hire reporting,
10 employer follow-up to correct errors and facilitate
11 electronic transmission, and an expedited administrative
12 hearing process to determine reasonable cause in
13 non-compliance situations.
14 (b) The Department of Employment Security shall issue
15 public service announcements and mailings to inform employers
16 about the new hire reporting requirements and procedures
17 pursuant to Section 1801.1 of the Unemployment Insurance Act,
18 including simple instructions on completion of the Form W-4
19 and information on electronic or magnetic transmission of
20 data.
21 Section 35. Department of Public Aid duties. The
22 Department of Public Aid shall establish a community advisory
23 committee for oversight of the implementation process,
24 toll-free telephone lines for employers with child support
25 questions, an expedited hearing process for non-custodial
26 parents who contest an employer's execution of an order for
27 withholding and brochures and public service announcements
28 that inform the general public about the New Hire Directory
29 and how to utilize it, within the federal and State
30 confidentiality laws, in pursuit of child support.
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1 Section 40. Emergency judicial hearing. If the issue of
2 an employer's reasonable cause for failure to comply with the
3 reporting requirements pursuant to Section 1801.1 of the
4 Unemployment Insurance Act is not resolved through the
5 expedited administrative hearing process authorized under
6 subsection (a) of Section 30, the employer may file a
7 petition in the circuit court to seek judicial review of that
8 issue.
9 Section 90. The Illinois Public Aid Code is amended by
10 changing Section 10-16.2 as follows:
11 (305 ILCS 5/10-16.2) (from Ch. 23, par. 10-16.2)
12 (Text of Section before amendment by P.A. 89-507)
13 Sec. 10-16.2. Withholding of Income to Secure Payment of
14 Support.
15 (A) Definitions.
16 (1) "Order for support" means any order of the court
17 which provides for periodic payment of funds for the support
18 of a child or maintenance of a spouse, whether temporary or
19 final, and includes any such order which provides for:
20 (a) Modification or resumption of, or payment of
21 arrearage accrued under, a previously existing order;
22 (b) Reimbursement of support; or
23 (c) Enrollment in a health insurance plan that is
24 available to the obligor through an employer or labor
25 union or trade union.
26 (2) "Arrearage" means the total amount of unpaid support
27 obligations.
28 (3) "Delinquency" means any payment under an order for
29 support which becomes due and remains unpaid after an order
30 for withholding has been entered under subsection (B) or, for
31 purposes of subsection (K), after the last order for support
32 was entered for which no order for withholding was entered.
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1 (4) "Income" means any form of periodic payment to an
2 individual, regardless of source, including, but not limited
3 to: wages, salary, commission, compensation as an independent
4 contractor, workers' compensation, disability, annuity and
5 retirement benefits, lottery prize awards, insurance
6 proceeds, vacation pay, bonuses, profit-sharing payments and
7 any other payments, made by any person, private entity,
8 federal or state government, any unit of local government,
9 school district or any entity created by Public Act; however,
10 "income" excludes:
11 (a) Any amounts required by law to be withheld,
12 other than creditor claims, including, but not limited
13 to, federal, State and local taxes, Social Security and
14 other retirement and disability contributions;
15 (b) Union dues;
16 (c) Any amounts exempted by the federal Consumer
17 Credit Protection Act;
18 (d) Public assistance payments; and
19 (e) Unemployment insurance benefits except as
20 provided by law.
21 Any other State or local laws which limit or exempt
22 income or the amount or percentage of income that can be
23 withheld shall not apply.
24 (5) "Obligor" means the individual who owes a duty to
25 make payments under an order for support.
26 (6) "Obligee" means the individual to whom a duty of
27 support is owed or the individual's legal representative.
28 (7) "Payor" means any payor of income to an obligor.
29 (8) "Public office" means any elected official or any
30 State or local agency which is or may become responsible by
31 law for enforcement of, or which is or may become authorized
32 to enforce, an order for support, including, but not limited
33 to: the Attorney General, the Illinois Department of Public
34 Aid, the Illinois Department of Mental Health and
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1 Developmental Disabilities, the Illinois Department of
2 Children and Family Services, and the various State's
3 Attorneys, Clerks of the Circuit Court and supervisors of
4 general assistance.
5 (9) "Premium" means the dollar amount for which the
6 obligor is liable to his employer or labor union or trade
7 union and which must be paid to enroll or maintain a child in
8 a health insurance plan that is available to the obligor
9 through an employer or labor union or trade union.
10 (B) Entry of an Order for Withholding.
11 (1) Upon entry of any order for support on or after
12 January 1, 1984, the court shall enter a separate order for
13 withholding which shall not take effect unless the obligor
14 becomes delinquent in paying the order for support or the
15 obligor requests an earlier effective date; except that the
16 court may require the order for withholding to take effect
17 immediately.
18 On or after January 1, 1989, the court shall require the
19 order for withholding to take effect immediately, unless a
20 written agreement is reached between and signed by both
21 parties providing for an alternative arrangement, approved
22 and entered into the record by the court, which insures
23 payment of support. In that case, the court shall enter the
24 order for withholding which will not take effect unless the
25 obligor becomes delinquent in paying the order for support.
26 Upon entry of any order of support on or after September
27 11, 1989, if the obligor is not a United States citizen, the
28 obligor shall provide to the court the obligor's alien
29 registration number, passport number, and home country's
30 social security or national health number, if applicable; the
31 court shall make the information part of the record in the
32 case.
33 (2) An order for withholding shall be entered upon
34 petition by the obligee or public office where an order for
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1 withholding has not been previously entered.
2 (3) The order for withholding shall:
3 (a) Direct any payor to withhold a dollar amount
4 equal to the order for support; and
5 (b) Direct any payor to withhold an additional
6 dollar amount, not less than 20% of the order for
7 support, until payment in full of any delinquency stated
8 in the notice of delinquency provided for in subsection
9 (C) or (F) of this Section; and
10 (c) Direct any payor or labor union or trade union
11 to enroll a child as a beneficiary of a health insurance
12 plan and withhold or cause to be withheld, if
13 applicable, any required premium; and
14 (d) State the rights, remedies and duties of the
15 obligor under this Section; and
16 (e) Include the obligor's Social Security Number,
17 which the obligor shall disclose to the court; and
18 (f) 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) At the time the order for withholding is entered,
23 the Clerk of the Circuit Court shall provide a copy of the
24 order for withholding and the order for support to the
25 obligor and shall make copies available to the obligee and
26 public office. Any copy of the order for withholding
27 furnished to the parties under this subsection shall be
28 stamped "Not Valid".
29 (5) The order for withholding shall remain in effect for
30 as long as the order for support upon which it is based.
31 (6) The failure of an order for withholding to state an
32 arrearage is not conclusive of the issue of whether an
33 arrearage is owing.
34 (7) Notwithstanding the provisions of this subsection,
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1 if the court finds at the time of any hearing that an
2 arrearage has accrued in an amount equal to at least one
3 month's support obligation or that the obligor is 30 days
4 late in paying all or part of the order for support, the
5 court shall order immediate service of the order for
6 withholding upon the payor.
7 (8) Where the court has not required that the order for
8 withholding take effect immediately, the obligee or public
9 office may prepare and serve a notice for immediate
10 withholding upon the obligor by ordinary mail addressed to
11 the obligor at his or her last known address. The notice
12 shall state that the following circumstances have occurred:
13 (a) The parties' written agreement providing an
14 alternative arrangement to immediate withholding under
15 paragraph (1) of this subsection no longer provides for
16 timely payment of all support due; or
17 (b) The obligor has not made timely payments in
18 that the obligor has been at least 7 days late in paying
19 all or part of the order for support any of the last 6
20 consecutive dates payments were due prior to the date of
21 the notice for immediate withholding.
22 The notice for immediate withholding shall clearly state
23 that a specially certified copy of the order for withholding
24 will be sent to the payor, unless the obligor files a
25 petition contesting immediate withholding within 20 days
26 after service of the notice; however, the grounds for the
27 petition shall be limited to a dispute concerning whether the
28 circumstances stated in the notice have occurred or the
29 identity of the obligor. It shall not be grounds for the
30 petition that the obligor has made all payments due by the
31 date of the petition.
32 If the obligor files a petition contesting immediate
33 withholding within the 20-day period required under this
34 paragraph, the Clerk of the Circuit Court shall notify the
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1 obligor and the obligee or public office, as appropriate, of
2 the time and place of the hearing on the petition. Upon
3 hearing the petition, the court shall enter an order granting
4 or denying relief. It shall not be grounds for granting the
5 obligor's petition that he or she has made all payments due
6 by the date of hearing. If the court denies the obligor's
7 petition, it shall order immediate service of the order for
8 withholding and direct the clerk to provide a specially
9 certified copy of the order for withholding to the obligee or
10 public office indicating that the requirements for immediate
11 withholding under this paragraph have been met.
12 If the obligor does not file a petition contesting
13 immediate withholding within the 20-day period, the obligee
14 or public office shall file with the Clerk of the Circuit
15 Court an affidavit, with a copy of the notice for immediate
16 withholding attached thereto, stating that the notice was
17 duly served and the date on which service was effected, and
18 that the obligor has not filed a petition contesting
19 immediate withholding. The clerk shall then provide to the
20 obligee or public office a specially certified copy of the
21 order for withholding indicating that the requirements for
22 immediate withholding under this paragraph have been met.
23 Upon receipt of a specially certified copy of the order
24 for withholding, the obligee or public office may serve the
25 order on the payor, its superintendent, manager or other
26 agent, by certified mail or personal delivery. A proof of
27 service shall be filed with the Clerk of the Circuit Court.
28 (C) Notice of Delinquency.
29 (1) Whenever an obligor becomes delinquent in payment of
30 an amount equal to at least one month's support obligation
31 pursuant to the order for support or is at least 30 days late
32 in complying with all or part of the order for support,
33 whichever occurs first, the obligee or public office may
34 prepare and serve a verified notice of delinquency, together
SB1024 Enrolled -8- LRB9003396DJcd
1 with a form petition to stay service, pursuant to paragraph
2 (3) of this subsection.
3 (2) The notice of delinquency shall recite the terms of
4 the order for support and contain a computation of the period
5 and total amount of the delinquency, as of the date of the
6 notice. The notice shall clearly state that it will be sent
7 to the payor, together with a specially certified copy of the
8 order for withholding, except as provided in subsection (F),
9 unless the obligor files a petition to stay service in
10 accordance with paragraph (1) of subsection (D).
11 (3) The notice of delinquency shall be served by
12 ordinary mail addressed to the obligor at his or her last
13 known address.
14 (4) The obligor may execute a written waiver of the
15 provisions of paragraphs (1) through (3) of this subsection
16 and request immediate service upon the payor.
17 (D) Procedures to Avoid Income Withholding.
18 (1) Except as provided in subsection (F), the obligor
19 may prevent an order for withholding from being served by
20 filing a petition to stay service with the Clerk of the
21 Circuit Court, within 20 days after service of the notice of
22 delinquency; however, the grounds for the petition to stay
23 service shall be limited to:
24 (a) A dispute concerning the amount of current
25 support or the existence or amount of the delinquency;
26 (b) The identity of the obligor.
27 The Clerk of the Circuit Court shall notify the obligor
28 and the obligee or public office, as appropriate, of the time
29 and place of the hearing on the petition to stay service. The
30 court shall hold such hearing pursuant to the provisions of
31 subsection (H).
32 (2) Except as provided in subsection (F), filing of a
33 petition to stay service, within the 20-day period required
34 under this subsection, shall prohibit the obligee or public
SB1024 Enrolled -9- LRB9003396DJcd
1 office from serving the order for withholding on any payor of
2 the obligor.
3 (E) Initial Service of Order for Withholding.
4 (1) Except as provided in subsection (F), in order to
5 serve an order for withholding upon a payor, an obligee or
6 public office shall follow the procedures set forth in this
7 subsection. After 20 days following service of the notice of
8 delinquency, the obligee or public office shall file with the
9 Clerk of the Circuit Court an affidavit, with the copy of the
10 notice of delinquency attached thereto, stating:
11 (a) that the notice of delinquency has been duly
12 served and the date on which service was effected; and
13 (b) that the obligor has not filed a petition to
14 stay service, or in the alternative
15 (c) that the obligor has waived the provisions of
16 subparagraphs (a) and (b) of this paragraph (1) in
17 accordance with subsection (C)(4).
18 (2) Upon request of the obligee or public office, the
19 Clerk of the Circuit Court shall: (a) make available any
20 record of payment; and (b) determine that the file contains a
21 copy of the affidavit described in paragraph (1). The Clerk
22 shall then provide to the obligee or public office a
23 specially certified copy of the order for withholding and the
24 notice of delinquency indicating that the preconditions for
25 service have been met.
26 (3) The obligee or public office may then serve the
27 notice of delinquency and order for withholding on the payor,
28 its superintendent, manager or other agent, by regular or
29 certified mail or facsimile personal delivery. A proof of
30 service shall be filed with the Clerk of the Circuit Court.
31 (F) Subsequent Service of Order for Withholding.
32 (1) Notwithstanding the provisions of this Section, at
33 any time after the court has ordered immediate service of an
34 order for withholding or after initial service of an order
SB1024 Enrolled -10- LRB9003396DJcd
1 for withholding pursuant to subsection (E), the obligee or
2 public office may serve the order for withholding upon any
3 payor of the obligor without further notice to the obligor.
4 The obligee or public office shall provide notice to the
5 payor, pursuant to paragraph (6) of subsection (I), of any
6 payments that have been made through previous withholding or
7 any other method.
8 (2) The Clerk of the Circuit Court shall, upon request,
9 provide the obligee or public office with specially certified
10 copies of the order for withholding or the notice of
11 delinquency or both whenever the Court has ordered immediate
12 service of an order for withholding or an affidavit has been
13 placed in the court file indicating that the preconditions
14 for service have been previously met or that the requirements
15 for immediate withholding under paragraph (8) of subsection B
16 have been previously met. The obligee or public office may
17 then serve the order for withholding on the payor, its
18 superintendent, manager or other agent by regular or
19 certified mail or facsimile personal delivery. A proof of
20 service shall be filed with the Clerk of the Circuit Court.
21 (3) If a delinquency has accrued for any reason, the
22 obligee or public office may serve a notice of delinquency
23 upon the obligor pursuant to subsection (C). The obligor may
24 prevent the notice of delinquency from being served upon the
25 payor by utilizing the procedures set forth in subsection
26 (D). If no petition to stay service has been filed within the
27 required 20 day time period, the obligee or public office may
28 serve the notice of delinquency on the payor by utilizing the
29 procedures for service set forth in subsection (E).
30 (4) New service of an order for withholding is not
31 required in order to resume withholding of income in the case
32 of an obligor with respect to whom an order for withholding
33 was previously served on the payor if withholding of income
34 was terminated because of an interruption in the obligor's
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1 employment of less than 180 days.
2 (G) Duties of Payor.
3 (1) It shall be the duty of any payor who has been
4 served with a copy of the specially certified order for
5 withholding and any notice of delinquency to deduct and pay
6 over income as provided in this subsection. The payor shall
7 deduct the amount designated in the order for withholding, as
8 supplemented by the notice of delinquency and any notice
9 provided pursuant to paragraph (6) of subsection (I),
10 beginning no later than the next payment of income which is
11 payable to the obligor that occurs 14 days following the date
12 the order and any notice were mailed by certified mail or
13 placed for personal delivery. The payor may combine all
14 amounts withheld for the benefit of an obligee or public
15 office into a single payment and transmit the payment with a
16 listing of obligors from whom withholding has been effected.
17 The payor shall pay the amount withheld to the obligee or
18 public office within 10 calendar days of the date income is
19 paid to the obligor in accordance with the order for
20 withholding and any subsequent notification received from the
21 public office redirecting payments. If the payor knowingly
22 fails to pay any amount withheld to the obligee or public
23 office within 10 calendar days of the date income is paid to
24 the obligor, the payor shall pay a penalty of $100 for each
25 day that the withheld amount is not paid to the obligee or
26 public office after the period of 10 calendar days has
27 expired. The failure of a payor, on more than one occasion,
28 to pay amounts withheld to the obligee or public office
29 within 10 calendar days of the date income is not paid to the
30 obligor creates a presumption that the payor knowingly failed
31 to pay the amounts. This penalty may be collected in a civil
32 action which may be brought against the payor in favor of the
33 obligee. A finding of a payor's nonperformance within the
34 time required under this Section must be documented by a
SB1024 Enrolled -12- LRB9003396DJcd
1 certified mail return receipt showing the date the order for
2 withholding was served on the payor. For purposes of this
3 Section, a withheld amount shall be considered paid by a
4 payor on the date it is mailed by the payor, or on the date
5 an electronic funds transfer of the amount has been initiated
6 by the payor, or on the date delivery of the amount has been
7 initiated by the payor. For each deduction, the payor shall
8 provide the obligee or public office, at the time of
9 transmittal, with the date income was paid from which support
10 was withheld.
11 Upon receipt of an order requiring that a minor child be
12 named as a beneficiary of a health insurance plan available
13 through an employer or labor union or trade union, the
14 employer or labor union or trade union shall immediately
15 enroll the minor child as a beneficiary in the health
16 insurance plan designated by the court order. The employer
17 shall withhold any required premiums and pay over any amounts
18 so withheld and any additional amounts the employer pays to
19 the insurance carrier in a timely manner. The employer or
20 labor union or trade union shall mail to the obligee, within
21 15 days of enrollment or upon request, notice of the date of
22 coverage, information on the dependent coverage plan, and all
23 forms necessary to obtain reimbursement for covered health
24 expenses, such as would be made available to a new employee.
25 When an order for dependent coverage is in effect and the
26 insurance coverage is terminated or changed for any reason,
27 the employer or labor union or trade union shall notify the
28 obligee within 10 days of the termination or change date
29 along with notice of conversion privileges.
30 For withholding of income, the payor shall be entitled to
31 receive a fee not to exceed $5 per month to be taken from the
32 income to be paid to the obligor.
33 (2) Whenever the obligor is no longer receiving income
34 from the payor, the payor shall return a copy of the order
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1 for withholding to the obligee or public office and shall
2 provide information for the purpose of enforcing this
3 Section.
4 (3) Withholding of income under this Section shall be
5 made without regard to any prior or subsequent garnishments,
6 attachments, wage assignments, or any other claims of
7 creditors. Withholding of income under this Section shall
8 not be in excess of the maximum amounts permitted under the
9 federal Consumer Credit Protection Act. If the payor has been
10 served with more than one order for withholding pertaining to
11 the same obligor, the payor shall allocate income available
12 for withholding on a proportionate share basis, giving
13 priority to current support payments. If there is any income
14 available for withholding after withholding for all current
15 support obligations, the payor shall allocate the income to
16 past due support payments ordered in non-AFDC matters and
17 then to past due support payments ordered in AFDC matters,
18 both on a proportionate share basis. Payment as required by
19 the order for withholding shall be a complete defense by the
20 payor against any claims of the obligor or his creditors as
21 to the sum so paid.
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 (H) Petitions to Stay Service or to Modify, Suspend or
26 Terminate Orders for Withholding.
27 (1) When an obligor files a petition to stay service,
28 the court, after due notice to all parties, shall hear the
29 matter as soon as practicable and shall enter an order
30 granting or denying relief, amending the notice of
31 delinquency, amending the order for withholding, where
32 applicable, or otherwise resolving the matter. If the court
33 finds that a delinquency existed when the notice of
34 delinquency was served upon the obligor, in an amount of at
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1 least one month's support obligation, or that the obligor was
2 at least 30 days late in paying all or part of the order for
3 support, the court shall order immediate service of the order
4 for withholding. Where the court cannot promptly resolve any
5 dispute over the amount of the delinquency, the court may
6 order immediate service of the order for withholding as to
7 any undisputed amounts specified in an amended notice of
8 delinquency, and may continue the hearing on the disputed
9 amounts.
10 (2) At any time, an obligor, obligee, public office or
11 Clerk of the Circuit Court may petition the court to:
12 (a) Modify, suspend or terminate the order for
13 withholding because of a modification, suspension or
14 termination of the underlying order for support; or
15 (b) Modify the amount of income to be withheld to
16 reflect payment in full or in part of the delinquency or
17 arrearage by income withholding or otherwise; or
18 (c) Suspend the order for withholding because of
19 inability to deliver income withheld to the obligee due
20 to the obligee's failure to provide a mailing address or
21 other means of delivery.
22 (3) The obligor, obligee or public office shall serve on
23 the payor, by certified mail or personal delivery, a copy of
24 any order entered pursuant to this subsection that affects
25 the duties of the payor.
26 (4) At any time, a public office or Clerk of the Circuit
27 Court may serve a notice on the payor to:
28 (a) cease withholding of income for payment of
29 current support for a child when the support obligation
30 for that child has automatically ceased under the order
31 for support through emancipation or otherwise; or
32 (b) cease withholding of income for payment of
33 delinquency or arrearage when the delinquency or
34 arrearage has been paid in full.
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1 (5) The notice provided for under paragraph (4) of this
2 subsection shall be served on the payor by ordinary mail, and
3 a copy shall be provided to the obligor and the obligee. A
4 copy of the notice shall be filed with the Clerk of the
5 Circuit Court.
6 (6) The order for withholding shall continue to be
7 binding upon the payor until service of any order of the
8 court or notice entered or provided for under this
9 subsection.
10 (I) Additional Duties.
11 (1) An obligee who is receiving income withholding
12 payments under this Section shall notify the payor, if the
13 obligee receives the payments directly from the payor, or the
14 public office or the Clerk of the Circuit Court, as
15 appropriate, of any change of address within 7 days of such
16 change.
17 (2) An obligee who is a recipient of public aid shall
18 send a copy of any notice of delinquency filed pursuant to
19 subsection (C) to the Bureau of Child Support of the Illinois
20 Department of Public Aid.
21 (3) Each obligor shall notify the obligee and the Clerk
22 of the Circuit Court of any change of address within 7 days.
23 (4) An obligor whose income is being withheld or who has
24 been served with a notice of delinquency pursuant to this
25 Section shall notify the obligee and the Clerk of the Circuit
26 Court of any new payor, within 7 days.
27 (5) When the Illinois Department of Public Aid is no
28 longer authorized to receive payments for the obligee, it
29 shall, within 7 days, notify the payor or, where appropriate,
30 the Clerk of the Circuit Court, to redirect income
31 withholding payments to the obligee.
32 (6) The obligee or public office shall provide notice to
33 the payor and Clerk of the Circuit Court of any other support
34 payment made, including but not limited to, a set-off under
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1 federal and State law or partial payment of the delinquency
2 or arrearage, or both.
3 (7) Any public office and Clerk of the Circuit Court
4 which collects, disburses or receives payments pursuant to
5 orders for withholding shall maintain complete, accurate, and
6 clear records of all payments and their disbursements.
7 Certified copies of payment records maintained by a public
8 office or Clerk of the Circuit Court shall, without further
9 proof, be admitted into evidence in any legal proceedings
10 under this Section.
11 (8) The Illinois Department of Public Aid shall design
12 suggested legal forms for proceeding under this Section and
13 shall make available to the courts such forms and
14 informational materials which describe the procedures and
15 remedies set forth herein for distribution to all parties in
16 support actions.
17 (9) At the time of transmitting each support payment,
18 the clerk of the circuit court shall provide the obligee or
19 public office, as appropriate, with any information furnished
20 by the payor as to the date income was paid from which such
21 support was withheld.
22 (J) Penalties.
23 (1) Where a payor wilfully fails to withhold or pay over
24 income pursuant to a properly served, specially certified
25 order for withholding and any notice of delinquency, or
26 wilfully discharges, disciplines, refuses to hire or
27 otherwise penalizes an obligor as prohibited by subsection
28 (G), or otherwise fails to comply with any duties imposed by
29 this Section, the obligee, public office or obligor, as
30 appropriate, may file a complaint with the court against the
31 payor. The clerk of the circuit court shall notify the
32 obligee or public office, as appropriate, and the obligor and
33 payor of the time and place of the hearing on the complaint.
34 The court shall resolve any factual dispute including, but
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1 not limited to, a denial that the payor is paying or has paid
2 income to the obligor. Upon a finding in favor of the
3 complaining party, the court:
4 (a) Shall enter judgment and direct the enforcement
5 thereof for the total amount that the payor wilfully
6 failed to withhold or pay over; and
7 (b) May order employment or reinstatement of or
8 restitution to the obligor, or both, where the obligor
9 has been discharged, disciplined, denied employment or
10 otherwise penalized by the payor and may impose a fine
11 upon the payor not to exceed $200.
12 (2) Any obligee, public office or obligor who wilfully
13 initiates a false proceeding under this Section or who
14 wilfully fails to comply with the requirements of this
15 Section shall be punished as in cases of contempt of court.
16 (K) Alternative Procedures for Entry and Service of an Order
17 for Withholding.
18 (1) Effective January 1, 1987, in any matter in which an
19 order for withholding has not been entered for any reason,
20 based upon the last order for support that has been entered,
21 and in which the obligor has become delinquent in payment of
22 an amount equal to at least one month's support obligation
23 pursuant to the last order for support or is at least 30 days
24 late in complying with all or part of the order for support,
25 the obligee or public office may prepare and serve an order
26 for withholding pursuant to the procedures set forth in this
27 subsection.
28 (2) The obligee or public office shall:
29 (a) Prepare a proposed order for withholding for
30 immediate service as provided by paragraphs (1) and (3)
31 of subsection (B), except that the minimum 20%
32 delinquency payment shall be used;
33 (b) Prepare a notice of delinquency as provided by
34 paragraphs (1) and (2) of subsection (C), except the
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1 notice shall state further that the order for withholding
2 has not been entered by the court and the conditions
3 under which the order will be entered; and
4 (c) Serve the notice of delinquency and form
5 petition to stay service as provided by paragraph (3) of
6 subsection (C), together with the proposed order for
7 withholding, which shall be marked "COPY ONLY".
8 (3) After 20 days following service of the notice of
9 delinquency and proposed order for withholding, in lieu of
10 the provisions of subsection (E), the obligee or public
11 office shall file with the Clerk of the Circuit Court an
12 affidavit, with a copy of the notice of delinquency and
13 proposed order for withholding attached thereto, stating
14 that:
15 (a) The notice of delinquency and proposed order
16 for withholding have been served upon the obligor and the
17 date on which service was effected;
18 (b) The obligor has not filed a petition to stay
19 service within 20 days of service of such notice and
20 order; and
21 (c) The proposed order for withholding accurately
22 states the terms and amounts contained in the last order
23 for support.
24 (4) Upon the court's satisfaction that the procedures
25 set forth in this subsection have been met, it shall enter
26 the order for withholding.
27 (5) The Clerk shall then provide to the obligee or
28 public office a specially certified copy of the order for
29 withholding and the notice of delinquency indicating that the
30 preconditions for service have been met.
31 (6) The obligee or public office shall serve the
32 specially certified copies of the order for withholding and
33 the notice of delinquency on the payor, its superintendent,
34 manager or other agent by certified mail or personal
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1 delivery. A proof of service shall be filed with the Clerk
2 of the Circuit Court.
3 (7) If the obligor requests in writing that income
4 withholding become effective prior to becoming delinquent in
5 payment of an amount equal to one month's support obligation
6 pursuant to the last order for support, or prior to becoming
7 30 days late in paying all or part of the order for support,
8 the obligee or public office shall file an affidavit with the
9 Clerk of the circuit Court, with a proposed order for
10 withholding attached, stating that the proposed order
11 accurately states the terms and amounts contained in the last
12 order for support and the obligor's request for immediate
13 service. The provisions of paragraphs (4) through (6) of
14 this subsection shall apply, except that a notice of
15 delinquency shall not be required.
16 (8) All other provisions of this Section shall be
17 applicable with respect to the provisions of this subsection
18 (K), except that under paragraph (1) of subsection (H), the
19 court may also amend the proposed order for withholding to
20 conform to the last order for support.
21 (9) Nothing in this subsection shall be construed as
22 limiting the requirements of paragraph (1) of subsection (B)
23 with respect to the entry of a separate order for withholding
24 upon entry of any order for support.
25 (L) Remedies in Addition to Other Laws.
26 (1) The rights, remedies, duties and penalties created
27 by this Section are in addition to and not in substitution
28 for any other rights, remedies, duties and penalties created
29 by any other law.
30 (2) Nothing in this Section shall be construed as
31 invalidating any assignment of wages or benefits executed
32 prior to January 1, 1984.
33 (Source: P.A. 87-529; 87-935; 87-988; 87-1105; 88-26; 88-45;
34 88-94; 88-131; 88-307; 88-670, eff. 12-2-94.)
SB1024 Enrolled -20- LRB9003396DJcd
1 (Text of Section after amendment by P.A. 89-507)
2 Sec. 10-16.2. Withholding of Income to Secure Payment of
3 Support.
4 (A) Definitions.
5 (1) "Order for support" means any order of the court
6 which provides for periodic payment of funds for the support
7 of a child or maintenance of a spouse, whether temporary or
8 final, and includes any such order which provides for:
9 (a) Modification or resumption of, or payment of
10 arrearage accrued under, a previously existing order;
11 (b) Reimbursement of support; or
12 (c) Enrollment in a health insurance plan that is
13 available to the obligor through an employer or labor
14 union or trade union.
15 (2) "Arrearage" means the total amount of unpaid support
16 obligations.
17 (3) "Delinquency" means any payment under an order for
18 support which becomes due and remains unpaid after an order
19 for withholding has been entered under subsection (B) or, for
20 purposes of subsection (K), after the last order for support
21 was entered for which no order for withholding was entered.
22 (4) "Income" means any form of periodic payment to an
23 individual, regardless of source, including, but not limited
24 to: wages, salary, commission, compensation as an independent
25 contractor, workers' compensation, disability, annuity and
26 retirement benefits, lottery prize awards, insurance
27 proceeds, vacation pay, bonuses, profit-sharing payments and
28 any other payments, made by any person, private entity,
29 federal or state government, any unit of local government,
30 school district or any entity created by Public Act; however,
31 "income" excludes:
32 (a) Any amounts required by law to be withheld,
33 other than creditor claims, including, but not limited
34 to, federal, State and local taxes, Social Security and
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1 other retirement and disability contributions;
2 (b) Union dues;
3 (c) Any amounts exempted by the federal Consumer
4 Credit Protection Act;
5 (d) Public assistance payments; and
6 (e) Unemployment insurance benefits except as
7 provided by law.
8 Any other State or local laws which limit or exempt
9 income or the amount or percentage of income that can be
10 withheld shall not apply.
11 (5) "Obligor" means the individual who owes a duty to
12 make payments under an order for support.
13 (6) "Obligee" means the individual to whom a duty of
14 support is owed or the individual's legal representative.
15 (7) "Payor" means any payor of income to an obligor.
16 (8) "Public office" means any elected official or any
17 State or local agency which is or may become responsible by
18 law for enforcement of, or which is or may become authorized
19 to enforce, an order for support, including, but not limited
20 to: the Attorney General, the Illinois Department of Public
21 Aid, the Illinois Department of Human Services (as successor
22 to the Department of Mental Health and Developmental
23 Disabilities), the Illinois Department of Children and Family
24 Services, and the various State's Attorneys, Clerks of the
25 Circuit Court and supervisors of general assistance.
26 (9) "Premium" means the dollar amount for which the
27 obligor is liable to his employer or labor union or trade
28 union and which must be paid to enroll or maintain a child in
29 a health insurance plan that is available to the obligor
30 through an employer or labor union or trade union.
31 (B) Entry of an Order for Withholding.
32 (1) Upon entry of any order for support on or after
33 January 1, 1984, the court shall enter a separate order for
34 withholding which shall not take effect unless the obligor
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1 becomes delinquent in paying the order for support or the
2 obligor requests an earlier effective date; except that the
3 court may require the order for withholding to take effect
4 immediately.
5 On or after January 1, 1989, the court shall require the
6 order for withholding to take effect immediately, unless a
7 written agreement is reached between and signed by both
8 parties providing for an alternative arrangement, approved
9 and entered into the record by the court, which insures
10 payment of support. In that case, the court shall enter the
11 order for withholding which will not take effect unless the
12 obligor becomes delinquent in paying the order for support.
13 Upon entry of any order of support on or after September
14 11, 1989, if the obligor is not a United States citizen, the
15 obligor shall provide to the court the obligor's alien
16 registration number, passport number, and home country's
17 social security or national health number, if applicable; the
18 court shall make the information part of the record in the
19 case.
20 (2) An order for withholding shall be entered upon
21 petition by the obligee or public office where an order for
22 withholding has not been previously entered.
23 (3) The order for withholding shall:
24 (a) Direct any payor to withhold a dollar amount
25 equal to the order for support; and
26 (b) Direct any payor to withhold an additional
27 dollar amount, not less than 20% of the order for
28 support, until payment in full of any delinquency stated
29 in the notice of delinquency provided for in subsection
30 (C) or (F) of this Section; and
31 (c) 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
34 applicable, any required premium; and
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1 (d) State the rights, remedies and duties of the
2 obligor under this Section; and
3 (e) Include the obligor's Social Security Number,
4 which the obligor shall disclose to the court; and
5 (f) Include the date that withholding for current
6 support terminates, which shall be the date of
7 termination of the current support obligation set forth
8 in the order for support.
9 (4) At the time the order for withholding is entered,
10 the Clerk of the Circuit Court shall provide a copy of the
11 order for withholding and the order for support to the
12 obligor and shall make copies available to the obligee and
13 public office. Any copy of the order for withholding
14 furnished to the parties under this subsection shall be
15 stamped "Not Valid".
16 (5) The order for withholding shall remain in effect for
17 as long as the order for support upon which it is based.
18 (6) The failure of an order for withholding to state an
19 arrearage is not conclusive of the issue of whether an
20 arrearage is owing.
21 (7) Notwithstanding the provisions of this subsection,
22 if the court finds at the time of any hearing that an
23 arrearage has accrued in an amount equal to at least one
24 month's support obligation or that the obligor is 30 days
25 late in paying all or part of the order for support, the
26 court shall order immediate service of the order for
27 withholding upon the payor.
28 (8) Where the court has not required that the order for
29 withholding take effect immediately, the obligee or public
30 office may prepare and serve a notice for immediate
31 withholding upon the obligor by ordinary mail addressed to
32 the obligor at his or her last known address. The notice
33 shall state that the following circumstances have occurred:
34 (a) The parties' written agreement providing an
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1 alternative arrangement to immediate withholding under
2 paragraph (1) of this subsection no longer provides for
3 timely payment of all support due; or
4 (b) The obligor has not made timely payments in
5 that the obligor has been at least 7 days late in paying
6 all or part of the order for support any of the last 6
7 consecutive dates payments were due prior to the date of
8 the notice for immediate withholding.
9 The notice for immediate withholding shall clearly state
10 that a specially certified copy of the order for withholding
11 will be sent to the payor, unless the obligor files a
12 petition contesting immediate withholding within 20 days
13 after service of the notice; however, the grounds for the
14 petition shall be limited to a dispute concerning whether the
15 circumstances stated in the notice have occurred or the
16 identity of the obligor. It shall not be grounds for the
17 petition that the obligor has made all payments due by the
18 date of the petition.
19 If the obligor files a petition contesting immediate
20 withholding within the 20-day period required under this
21 paragraph, the Clerk of the Circuit Court shall notify the
22 obligor and the obligee or public office, as appropriate, of
23 the time and place of the hearing on the petition. Upon
24 hearing the petition, the court shall enter an order granting
25 or denying relief. It shall not be grounds for granting the
26 obligor's petition that he or she has made all payments due
27 by the date of hearing. If the court denies the obligor's
28 petition, it shall order immediate service of the order for
29 withholding and direct the clerk to provide a specially
30 certified copy of the order for withholding to the obligee or
31 public office indicating that the requirements for immediate
32 withholding under this paragraph have been met.
33 If the obligor does not file a petition contesting
34 immediate withholding within the 20-day period, the obligee
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1 or public office shall file with the Clerk of the Circuit
2 Court an affidavit, with a copy of the notice for immediate
3 withholding attached thereto, stating that the notice was
4 duly served and the date on which service was effected, and
5 that the obligor has not filed a petition contesting
6 immediate withholding. The clerk shall then provide to the
7 obligee or public office a specially certified copy of the
8 order for withholding indicating that the requirements for
9 immediate withholding under this paragraph have been met.
10 Upon receipt of a specially certified copy of the order
11 for withholding, the obligee or public office may serve the
12 order on the payor, its superintendent, manager or other
13 agent, by certified mail or personal delivery. A proof of
14 service shall be filed with the Clerk of the Circuit Court.
15 (C) Notice of Delinquency.
16 (1) Whenever an obligor becomes delinquent in payment of
17 an amount equal to at least one month's support obligation
18 pursuant to the order for support or is at least 30 days late
19 in complying with all or part of the order for support,
20 whichever occurs first, the obligee or public office may
21 prepare and serve a verified notice of delinquency, together
22 with a form petition to stay service, pursuant to paragraph
23 (3) of this subsection.
24 (2) The notice of delinquency shall recite the terms of
25 the order for support and contain a computation of the period
26 and total amount of the delinquency, as of the date of the
27 notice. The notice shall clearly state that it will be sent
28 to the payor, together with a specially certified copy of the
29 order for withholding, except as provided in subsection (F),
30 unless the obligor files a petition to stay service in
31 accordance with paragraph (1) of subsection (D).
32 (3) The notice of delinquency shall be served by
33 ordinary mail addressed to the obligor at his or her last
34 known address.
SB1024 Enrolled -26- LRB9003396DJcd
1 (4) The obligor may execute a written waiver of the
2 provisions of paragraphs (1) through (3) of this subsection
3 and request immediate service upon the payor.
4 (D) Procedures to Avoid Income Withholding.
5 (1) Except as provided in subsection (F), the obligor
6 may prevent an order for withholding from being served by
7 filing a petition to stay service with the Clerk of the
8 Circuit Court, within 20 days after service of the notice of
9 delinquency; however, the grounds for the petition to stay
10 service shall be limited to:
11 (a) A dispute concerning the amount of current
12 support or the existence or amount of the delinquency;
13 (b) The identity of the obligor.
14 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 to stay service. The
17 court shall hold such hearing pursuant to the provisions of
18 subsection (H).
19 (2) Except as provided in subsection (F), filing of a
20 petition to stay service, within the 20-day period required
21 under this subsection, shall prohibit the obligee or public
22 office from serving the order for withholding on any payor of
23 the obligor.
24 (E) Initial Service of Order for Withholding.
25 (1) Except as provided in subsection (F), in order to
26 serve an order for withholding upon a payor, an obligee or
27 public office shall follow the procedures set forth in this
28 subsection. After 20 days following service of the notice of
29 delinquency, the obligee or public office shall file with the
30 Clerk of the Circuit Court an affidavit, with the copy of the
31 notice of delinquency attached thereto, stating:
32 (a) that the notice of delinquency has been duly
33 served and the date on which service was effected; and
34 (b) that the obligor has not filed a petition to
SB1024 Enrolled -27- LRB9003396DJcd
1 stay service, or in the alternative
2 (c) that the obligor has waived the provisions of
3 subparagraphs (a) and (b) of this paragraph (1) in
4 accordance with subsection (C)(4).
5 (2) Upon request of the obligee or public office, the
6 Clerk of the Circuit Court shall: (a) make available any
7 record of payment; and (b) determine that the file contains a
8 copy of the affidavit described in paragraph (1). The Clerk
9 shall then provide to the obligee or public office a
10 specially certified copy of the order for withholding and the
11 notice of delinquency indicating that the preconditions for
12 service have been met.
13 (3) The obligee or public office may then serve the
14 notice of delinquency and order for withholding on the payor,
15 its superintendent, manager or other agent, by regular or
16 certified mail or facsimile personal delivery. A proof of
17 service shall be filed with the Clerk of the Circuit Court.
18 (F) Subsequent Service of Order for Withholding.
19 (1) Notwithstanding the provisions of this Section, at
20 any time after the court has ordered immediate service of an
21 order for withholding or after initial service of an order
22 for withholding pursuant to subsection (E), the obligee or
23 public office may serve the order for withholding upon any
24 payor of the obligor without further notice to the obligor.
25 The obligee or public office shall provide notice to the
26 payor, pursuant to paragraph (6) of subsection (I), of any
27 payments that have been made through previous withholding or
28 any other method.
29 (2) The Clerk of the Circuit Court shall, upon request,
30 provide the obligee or public office with specially certified
31 copies of the order for withholding or the notice of
32 delinquency or both whenever the Court has ordered immediate
33 service of an order for withholding or an affidavit has been
34 placed in the court file indicating that the preconditions
SB1024 Enrolled -28- LRB9003396DJcd
1 for service have been previously met or that the requirements
2 for immediate withholding under paragraph (8) of subsection B
3 have been previously met. The obligee or public office may
4 then serve the order for withholding on the payor, its
5 superintendent, manager or other agent by regular or
6 certified mail or facsimile personal delivery. A proof of
7 service shall be filed with the Clerk of the Circuit Court.
8 (3) If a delinquency has accrued for any reason, the
9 obligee or public office may serve a notice of delinquency
10 upon the obligor pursuant to subsection (C). The obligor may
11 prevent the notice of delinquency from being served upon the
12 payor by utilizing the procedures set forth in subsection
13 (D). If no petition to stay service has been filed within the
14 required 20 day time period, the obligee or public office may
15 serve the notice of delinquency on the payor by utilizing the
16 procedures for service set forth in subsection (E).
17 (4) New service of an order for withholding is not
18 required in order to resume withholding of income in the case
19 of an obligor with respect to whom an order for withholding
20 was previously served on the payor if withholding of income
21 was terminated because of an interruption in the obligor's
22 employment of less than 180 days.
23 (G) Duties of Payor.
24 (1) It shall be the duty of any payor who has been
25 served with a copy of the specially certified order for
26 withholding and any notice of delinquency to deduct and pay
27 over income as provided in this subsection. The payor shall
28 deduct the amount designated in the order for withholding, as
29 supplemented by the notice of delinquency and any notice
30 provided pursuant to paragraph (6) of subsection (I),
31 beginning no later than the next payment of income which is
32 payable to the obligor that occurs 14 days following the date
33 the order and any notice were mailed by certified mail or
34 placed for personal delivery. The payor may combine all
SB1024 Enrolled -29- LRB9003396DJcd
1 amounts withheld for the benefit of an obligee or public
2 office into a single payment and transmit the payment with a
3 listing of obligors from whom withholding has been effected.
4 The payor shall pay the amount withheld to the obligee or
5 public office within 10 calendar days of the date income is
6 paid to the obligor in accordance with the order for
7 withholding and any subsequent notification received from the
8 public office redirecting payments. If the payor knowingly
9 fails to pay any amount withheld to the obligee or public
10 office within 10 calendar days of the date income is paid to
11 the obligor, the payor shall pay a penalty of $100 for each
12 day that the withheld amount is not paid to the obligee or
13 public office after the period of 10 calendar days has
14 expired. The failure of a payor, on more than one occasion,
15 to pay amounts withheld to the obligee or public office
16 within 10 calendar days of the date income is not paid to the
17 obligor creates a presumption that the payor knowingly failed
18 to pay the amounts. This penalty may be collected in a civil
19 action which may be brought against the payor in favor of the
20 obligee. A finding of a payor's nonperformance within the
21 time required under this Section must be documented by a
22 certified mail return receipt showing the date the order for
23 withholding was served on the payor. For purposes of this
24 Section, a withheld amount shall be considered paid by a
25 payor on the date it is mailed by the payor, or on the date
26 an electronic funds transfer of the amount has been initiated
27 by the payor, or on the date delivery of the amount has been
28 initiated by the payor. For each deduction, the payor shall
29 provide the obligee or public office, at the time of
30 transmittal, with the date income was paid from which support
31 was withheld.
32 Upon receipt of an order requiring that a minor child be
33 named as a beneficiary of a health insurance plan available
34 through an employer or labor union or trade union, the
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1 employer or labor union or trade union shall immediately
2 enroll the minor child as a beneficiary in the health
3 insurance plan designated by the court order. The employer
4 shall withhold any required premiums and pay over any amounts
5 so withheld and any additional amounts the employer pays to
6 the insurance carrier in a timely manner. The employer or
7 labor union or trade union shall mail to the obligee, within
8 15 days of enrollment or upon request, notice of the date of
9 coverage, information on the dependent coverage plan, and all
10 forms necessary to obtain reimbursement for covered health
11 expenses, such as would be made available to a new employee.
12 When an order for dependent coverage is in effect and the
13 insurance coverage is terminated or changed for any reason,
14 the employer or labor union or trade union shall notify the
15 obligee within 10 days of the termination or change date
16 along with notice of conversion privileges.
17 For withholding of income, the payor shall be entitled to
18 receive a fee not to exceed $5 per month to be taken from the
19 income to be paid to the obligor.
20 (2) Whenever the obligor is no longer receiving income
21 from the payor, the payor shall return a copy of the order
22 for withholding to the obligee or public office and shall
23 provide information for the purpose of enforcing this
24 Section.
25 (3) Withholding of income under this Section shall be
26 made without regard to any prior or subsequent garnishments,
27 attachments, wage assignments, or any other claims of
28 creditors. Withholding of income under this Section shall
29 not be in excess of the maximum amounts permitted under the
30 federal Consumer Credit Protection Act. If the payor has been
31 served with more than one order for withholding pertaining to
32 the same obligor, the payor shall allocate income available
33 for withholding on a proportionate share basis, giving
34 priority to current support payments. If there is any income
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1 available for withholding after withholding for all current
2 support obligations, the payor shall allocate the income to
3 past due support payments ordered in non-AFDC matters and
4 then to past due support payments ordered in AFDC matters,
5 both on a proportionate share basis. Payment as required by
6 the order for withholding shall be a complete defense by the
7 payor against any claims of the obligor or his creditors as
8 to the sum so paid.
9 (4) No payor shall discharge, discipline, refuse to hire
10 or otherwise penalize any obligor because of the duty to
11 withhold income.
12 (H) Petitions to Stay Service or to Modify, Suspend or
13 Terminate Orders for Withholding.
14 (1) When an obligor files a petition to stay service,
15 the court, after due notice to all parties, shall hear the
16 matter as soon as practicable and shall enter an order
17 granting or denying relief, amending the notice of
18 delinquency, amending the order for withholding, where
19 applicable, or otherwise resolving the matter. If the court
20 finds that a delinquency existed when the notice of
21 delinquency was served upon the obligor, in an amount of at
22 least one month's support obligation, or that the obligor was
23 at least 30 days late in paying all or part of the order for
24 support, the court shall order immediate service of the order
25 for withholding. Where the court cannot promptly resolve any
26 dispute over the amount of the delinquency, the court may
27 order immediate service of the order for withholding as to
28 any undisputed amounts specified in an amended notice of
29 delinquency, and may continue the hearing on the disputed
30 amounts.
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 order for
34 withholding because of a modification, suspension or
SB1024 Enrolled -32- LRB9003396DJcd
1 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 order for withholding because of
6 inability to deliver income withheld to the obligee due
7 to the obligee's failure to provide a mailing address or
8 other means of delivery.
9 (3) The obligor, obligee or public office shall serve on
10 the payor, by certified mail or personal delivery, a copy of
11 any order entered pursuant to this subsection that affects
12 the duties of the payor.
13 (4) At any time, a public office or Clerk of the Circuit
14 Court may serve a notice on the payor to:
15 (a) cease withholding of income for payment of
16 current support for a child when the support obligation
17 for that child has automatically ceased under the order
18 for support through emancipation or otherwise; or
19 (b) cease withholding of income for payment of
20 delinquency or arrearage when the delinquency or
21 arrearage has been paid in full.
22 (5) The notice provided for under paragraph (4) of this
23 subsection shall be served on the payor by ordinary mail, and
24 a copy shall be provided to the obligor and the obligee. A
25 copy of the notice shall be filed with the Clerk of the
26 Circuit Court.
27 (6) The order for withholding shall continue to be
28 binding upon the payor until service of any order of the
29 court or notice entered or provided for under this
30 subsection.
31 (I) Additional Duties.
32 (1) An obligee who is receiving income withholding
33 payments under this Section shall notify the payor, if the
34 obligee receives the payments directly from the payor, or the
SB1024 Enrolled -33- LRB9003396DJcd
1 public office or the Clerk of the Circuit Court, as
2 appropriate, of any change of address within 7 days of such
3 change.
4 (2) An obligee who is a recipient of public aid shall
5 send a copy of any notice of delinquency filed pursuant to
6 subsection (C) to the Bureau of Child Support of the Illinois
7 Department of Public Aid.
8 (3) Each obligor shall notify the obligee and the Clerk
9 of the Circuit Court of any change of address within 7 days.
10 (4) An obligor whose income is being withheld or who has
11 been served with a notice of delinquency pursuant to this
12 Section shall notify the obligee and the Clerk of the Circuit
13 Court of any new payor, within 7 days.
14 (5) When the Illinois Department of Public Aid is no
15 longer authorized to receive payments for the obligee, it
16 shall, within 7 days, notify the payor or, where appropriate,
17 the Clerk of the Circuit Court, to redirect income
18 withholding payments to the obligee.
19 (6) The obligee or public office shall provide notice to
20 the payor and Clerk of the Circuit Court of any other support
21 payment made, including but not limited to, a set-off under
22 federal and State law or partial payment of the delinquency
23 or arrearage, or both.
24 (7) Any public office and Clerk of the Circuit Court
25 which collects, disburses or receives payments pursuant to
26 orders for withholding shall maintain complete, accurate, and
27 clear records of all payments and their disbursements.
28 Certified copies of payment records maintained by a public
29 office or Clerk of the Circuit Court shall, without further
30 proof, be admitted into evidence in any legal proceedings
31 under this Section.
32 (8) The Illinois Department of Public Aid shall design
33 suggested legal forms for proceeding under this Section and
34 shall make available to the courts such forms and
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1 informational materials which describe the procedures and
2 remedies set forth herein for distribution to all parties in
3 support actions.
4 (9) At the time of transmitting each support payment,
5 the clerk of the circuit court shall provide the obligee or
6 public office, as appropriate, with any information furnished
7 by the payor as to the date income was paid from which such
8 support was withheld.
9 (J) Penalties.
10 (1) Where a payor wilfully fails to withhold or pay over
11 income pursuant to a properly served, specially certified
12 order for withholding and any notice of delinquency, or
13 wilfully discharges, disciplines, refuses to hire or
14 otherwise penalizes an obligor as prohibited by subsection
15 (G), or otherwise fails to comply with any duties imposed by
16 this Section, the obligee, public office or obligor, as
17 appropriate, may file a complaint with the court against the
18 payor. The clerk of the circuit court shall notify the
19 obligee or public office, as appropriate, and the obligor and
20 payor of the time and place of the hearing on the complaint.
21 The court shall resolve any factual dispute including, but
22 not limited to, a denial that the payor is paying or has paid
23 income to the obligor. Upon a finding in favor of the
24 complaining party, the court:
25 (a) Shall enter judgment and direct the enforcement
26 thereof for the total amount that the payor wilfully
27 failed to withhold or pay over; and
28 (b) May order employment or reinstatement of or
29 restitution to the obligor, or both, where the obligor
30 has been discharged, disciplined, denied employment or
31 otherwise penalized by the payor and may impose a fine
32 upon the payor not to exceed $200.
33 (2) Any obligee, public office or obligor who wilfully
34 initiates a false proceeding under this Section or who
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1 wilfully fails to comply with the requirements of this
2 Section shall be punished as in cases of contempt of court.
3 (K) Alternative Procedures for Entry and Service of an Order
4 for Withholding.
5 (1) Effective January 1, 1987, in any matter in which an
6 order for withholding has not been entered for any reason,
7 based upon the last order for support that has been entered,
8 and in which the obligor has become delinquent in payment of
9 an amount equal to at least one month's support obligation
10 pursuant to the last order for support or is at least 30 days
11 late in complying with all or part of the order for support,
12 the obligee or public office may prepare and serve an order
13 for withholding pursuant to the procedures set forth in this
14 subsection.
15 (2) The obligee or public office shall:
16 (a) Prepare a proposed order for withholding for
17 immediate service as provided by paragraphs (1) and (3)
18 of subsection (B), except that the minimum 20%
19 delinquency payment shall be used;
20 (b) Prepare a notice of delinquency as provided by
21 paragraphs (1) and (2) of subsection (C), except the
22 notice shall state further that the order for withholding
23 has not been entered by the court and the conditions
24 under which the order will be entered; and
25 (c) Serve the notice of delinquency and form
26 petition to stay service as provided by paragraph (3) of
27 subsection (C), together with the proposed order for
28 withholding, which shall be marked "COPY ONLY".
29 (3) After 20 days following service of the notice of
30 delinquency and proposed order for withholding, in lieu of
31 the provisions of subsection (E), the obligee or public
32 office shall file with the Clerk of the Circuit Court an
33 affidavit, with a copy of the notice of delinquency and
34 proposed order for withholding attached thereto, stating
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1 that:
2 (a) The notice of delinquency and proposed order
3 for withholding have been served upon the obligor and the
4 date on which service was effected;
5 (b) The obligor has not filed a petition to stay
6 service within 20 days of service of such notice and
7 order; and
8 (c) The proposed order for withholding accurately
9 states the terms and amounts contained in the last order
10 for support.
11 (4) Upon the court's satisfaction that the procedures
12 set forth in this subsection have been met, it shall enter
13 the order for withholding.
14 (5) The Clerk shall then provide to the obligee or
15 public office a specially certified copy of the order for
16 withholding and the notice of delinquency indicating that the
17 preconditions for service have been met.
18 (6) The obligee or public office shall serve the
19 specially certified copies of the order for withholding and
20 the notice of delinquency on the payor, its superintendent,
21 manager or other agent by certified mail or personal
22 delivery. A proof of service shall be filed with the Clerk
23 of the Circuit Court.
24 (7) If the obligor requests in writing that income
25 withholding become effective prior to becoming delinquent in
26 payment of an amount equal to one month's support obligation
27 pursuant to the last order for support, or prior to becoming
28 30 days late in paying all or part of the order for support,
29 the obligee or public office shall file an affidavit with the
30 Clerk of the circuit Court, with a proposed order for
31 withholding attached, stating that the proposed order
32 accurately states the terms and amounts contained in the last
33 order for support and the obligor's request for immediate
34 service. The provisions of paragraphs (4) through (6) of
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1 this subsection shall apply, except that a notice of
2 delinquency shall not be required.
3 (8) All other provisions of this Section shall be
4 applicable with respect to the provisions of this subsection
5 (K), except that under paragraph (1) of subsection (H), the
6 court may also amend the proposed order for withholding to
7 conform to the last order for support.
8 (9) Nothing in this subsection shall be construed as
9 limiting the requirements of paragraph (1) of subsection (B)
10 with respect to the entry of a separate order for withholding
11 upon entry of any order for support.
12 (L) 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 January 1, 1984.
20 (Source: P.A. 88-26; 88-45; 88-94; 88-131; 88-307; 88-670,
21 eff. 12-2-94; 89-507, eff. 7-1-97.)
22 Section 91. The Illinois Marriage and Dissolution of
23 Marriage Act is amended by changing Section 706.1 as follows:
24 (750 ILCS 5/706.1) (from Ch. 40, par. 706.1)
25 (Text of Section before amendment by P.A. 89-507)
26 Sec. 706.1. Withholding of Income to Secure Payment of
27 Support.
28 (A) Definitions.
29 (1) "Order for support" means any order of the court
30 which provides for periodic payment of funds for the support
31 of a child or maintenance of a spouse, whether temporary or
32 final, and includes any such order which provides for:
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1 (a) Modification or resumption of, or payment of
2 arrearage accrued under, a previously existing order;
3 (b) Reimbursement of support; or
4 (c) Enrollment in a health insurance plan that is
5 available to the obligor through an employer or labor
6 union or trade union.
7 (2) "Arrearage" means the total amount of unpaid support
8 obligations.
9 (3) "Delinquency" means any payment under an order for
10 support which becomes due and remains unpaid after an order
11 for withholding has been entered under subsection (B) or, for
12 purposes of subsection (K), after the last order for support
13 was entered for which no order for withholding was entered.
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 and
18 retirement benefits, lottery prize awards, insurance
19 proceeds, vacation pay, bonuses, profit-sharing payments and
20 any other payments, made by any person, private entity,
21 federal or state government, any unit of local government,
22 school district or any entity created by Public Act; however,
23 "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
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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 Mental Health and
14 Developmental Disabilities, the Illinois Department of
15 Children and Family Services, and the various State's
16 Attorneys, Clerks of the Circuit Court and supervisors of
17 general assistance.
18 (9) "Premium" means the dollar amount for which the
19 obligor is liable to his employer or labor union or trade
20 union and which must be paid to enroll or maintain a child in
21 a health insurance plan that is available to the obligor
22 through an employer or labor union or trade union.
23 (B) Entry of an Order for Withholding.
24 (1) Upon entry of any order for support on or after
25 January 1, 1984, the court shall enter a separate order for
26 withholding which shall not take effect unless the obligor
27 becomes delinquent in paying the order for support or the
28 obligor requests an earlier effective date; except that the
29 court may require the order for withholding to take effect
30 immediately.
31 On or after January 1, 1989, the court shall require the
32 order for withholding to take effect immediately, unless a
33 written agreement is reached between and signed by both
34 parties providing for an alternative arrangement, approved
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1 and entered into the record by the court, which insures
2 payment of support. In that case, the court shall enter the
3 order for withholding which will not take effect unless the
4 obligor becomes delinquent in paying the order for support.
5 Upon entry of any order of support on or after September
6 11, 1989, if the obligor is not a United States citizen, the
7 obligor shall provide to the court the obligor's alien
8 registration number, passport number, and home country's
9 social security or national health number, if applicable; the
10 court shall make the information part of the record in the
11 case.
12 (2) An order for withholding shall be entered upon
13 petition by the obligee or public office where an order for
14 withholding has not been previously entered.
15 (3) The order for withholding shall:
16 (a) Direct any payor to withhold a dollar amount
17 equal to the order for support; and
18 (b) Direct any payor to withhold an additional
19 dollar amount, not less than 20% of the order for
20 support, until payment in full of any delinquency stated
21 in the notice of delinquency provided for in subsection
22 (C) or (F) of this Section; and
23 (c) Direct any payor or labor union or trade union
24 to enroll a child as a beneficiary of a health insurance
25 plan and withhold or cause to be withheld, if
26 applicable, any required premiums; and
27 (d) State the rights, remedies and duties of the
28 obligor under this Section; and
29 (e) Include the obligor's Social Security Number,
30 which the obligor shall disclose to the court; and
31 (f) Include the date that withholding for current
32 support terminates, which shall be the date of
33 termination of the current support obligation set forth
34 in the order for support.
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1 (4) At the time the order for withholding is entered,
2 the Clerk of the Circuit Court shall provide a copy of the
3 order for withholding and the order for support to the
4 obligor and shall make copies available to the obligee and
5 public office. Any copy of the order for withholding
6 furnished to the parties under this subsection shall be
7 stamped "Not Valid".
8 (5) The order for withholding shall remain in effect for
9 as long as the order for support upon which it is based.
10 (6) The failure of an order for withholding to state an
11 arrearage is not conclusive of the issue of whether an
12 arrearage is owing.
13 (7) Notwithstanding the provisions of this subsection,
14 if the court finds at the time of any hearing that an
15 arrearage has accrued in an amount equal to at least one
16 month's support obligation or that the obligor is 30 days
17 late in paying all or part of the order for support, the
18 court shall order immediate service of the order for
19 withholding upon the payor.
20 (8) Where the court has not required that the order for
21 withholding take effect immediately, the obligee or public
22 office may prepare and serve a notice for immediate
23 withholding upon the obligor by ordinary mail addressed to
24 the obligor at his or her last known address. The notice
25 shall state that the following circumstances have occurred:
26 (a) The parties' written agreement providing an
27 alternative arrangement to immediate withholding under
28 paragraph (1) of this subsection no longer provides for
29 timely payment of all support due; or
30 (b) The obligor has not made timely payments in
31 that the obligor has been at least 7 days late in paying
32 all or part of the order for support any of the last 6
33 consecutive dates payments were due prior to the date of
34 the notice for immediate withholding.
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1 The notice for immediate withholding shall clearly state
2 that a specially certified copy of the order for withholding
3 will be sent to the payor, unless the obligor files a
4 petition contesting immediate withholding within 20 days
5 after service of the notice; however, the grounds for the
6 petition shall be limited to a dispute concerning whether the
7 circumstances stated in the notice have occurred or the
8 identity of the obligor. It shall not be grounds for the
9 petition that the obligor has made all payments due by the
10 date of the petition.
11 If the obligor files a petition contesting immediate
12 withholding within the 20-day period required under this
13 paragraph, the Clerk of the Circuit Court shall notify the
14 obligor and the obligee or public office, as appropriate, of
15 the time and place of the hearing on the petition. Upon
16 hearing the petition, the court shall enter an order granting
17 or denying relief. It shall not be grounds for granting the
18 obligor's petition that he or she has made all payments due
19 by the date of hearing. If the court denies the obligor's
20 petition, it shall order immediate service of the order for
21 withholding and direct the clerk to provide a specially
22 certified copy of the order for withholding to the obligee or
23 public office indicating that the requirements for immediate
24 withholding under this paragraph have been met.
25 If the obligor does not file a petition contesting
26 immediate withholding within the 20-day period, the obligee
27 or public office shall file with the Clerk of the Circuit
28 Court an affidavit, with a copy of the notice for immediate
29 withholding attached thereto, stating that the notice was
30 duly served and the date on which service was effected, and
31 that the obligor has not filed a petition contesting
32 immediate withholding. The clerk shall then provide to the
33 obligee or public office a specially certified copy of the
34 order for withholding indicating that the requirements for
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1 immediate withholding under this paragraph have been met.
2 Upon receipt of a specially certified copy of the order
3 for withholding, the obligee or public office may serve the
4 order on the payor, its superintendent, manager or other
5 agent, by certified mail or personal delivery. A proof of
6 service shall be filed with the Clerk of the Circuit Court.
7 (C) Notice of Delinquency.
8 (1) Whenever an obligor becomes delinquent in payment of
9 an amount equal to at least one month's support obligation
10 pursuant to the order for support or is at least 30 days late
11 in complying with all or part of the order for support,
12 whichever occurs first, the obligee or public office may
13 prepare and serve a verified notice of delinquency, together
14 with a form petition to stay service, pursuant to paragraph
15 (3) of this subsection.
16 (2) The notice of delinquency shall recite the terms of
17 the order for support and contain a computation of the period
18 and total amount of the delinquency, as of the date of the
19 notice. The notice shall clearly state that it will be sent
20 to the payor, together with a specially certified copy of the
21 order for withholding, except as provided in subsection (F),
22 unless the obligor files a petition to stay service in
23 accordance with paragraph (1) of subsection (D).
24 (3) The notice of delinquency shall be served by
25 ordinary mail addressed to the obligor at his or her last
26 known address.
27 (4) The obligor may execute a written waiver of the
28 provisions of paragraphs (1) through (3) of this subsection
29 and request immediate service upon the payor.
30 (D) Procedures to Avoid Income Withholding.
31 (1) Except as provided in subsection (F), the obligor
32 may prevent an order for withholding from being served by
33 filing a petition to stay service with the Clerk of the
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1 Circuit Court, within 20 days after service of the notice of
2 delinquency; however, the grounds for the petition to stay
3 service shall be limited to:
4 (a) A dispute concerning the amount of current
5 support or the existence or amount of the delinquency;
6 (b) The identity of the obligor.
7 The Clerk of the Circuit Court shall notify the obligor
8 and the obligee or public office, as appropriate, of the time
9 and place of the hearing on the petition to stay service. The
10 court shall hold such hearing pursuant to the provisions of
11 subsection (H).
12 (2) Except as provided in subsection (F), filing of a
13 petition to stay service, within the 20-day period required
14 under this subsection, shall prohibit the obligee or public
15 office from serving the order for withholding on any payor of
16 the obligor.
17 (E) Initial Service of Order for Withholding.
18 (1) Except as provided in subsection (F), in order to
19 serve an order for withholding upon a payor, an obligee or
20 public office shall follow the procedures set forth in this
21 subsection. After 20 days following service of the notice of
22 delinquency, the obligee or public office shall file with the
23 Clerk of the Circuit Court an affidavit, with the copy of the
24 notice of delinquency attached thereto, stating:
25 (a) that the notice of delinquency has been duly
26 served and the date on which service was effected; and
27 (b) that the obligor has not filed a petition to
28 stay service, or in the alternative
29 (c) that the obligor has waived the provisions of
30 subparagraphs (a) and (b) of this paragraph (1) in
31 accordance with subsection (C)(4).
32 (2) Upon request of the obligee or public office, the
33 Clerk of the Circuit Court shall: (a) make available any
34 record of payment; and (b) determine that the file contains a
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1 copy of the affidavit described in paragraph (1). The Clerk
2 shall then provide to the obligee or public office a
3 specially certified copy of the order for withholding and the
4 notice of delinquency indicating that the preconditions for
5 service have been met.
6 (3) The obligee or public office may then serve the
7 notice of delinquency and order for withholding on the payor,
8 its superintendent, manager or other agent, by regular or
9 certified mail or facsimile personal delivery. A proof of
10 service shall be filed with the Clerk of the Circuit Court.
11 (F) Subsequent Service of Order for Withholding.
12 (1) Notwithstanding the provisions of this Section, at
13 any time after the court has ordered immediate service of an
14 order for withholding or after initial service of an order
15 for withholding pursuant to subsection (E), the obligee or
16 public office may serve the order for withholding upon any
17 payor of the obligor without further notice to the obligor.
18 The obligee or public office shall provide notice to the
19 payor, pursuant to paragraph (6) of subsection (I), of any
20 payments that have been made through previous withholding or
21 any other method.
22 (2) The Clerk of the Circuit Court shall, upon request,
23 provide the obligee or public office with specially certified
24 copies of the order for withholding or the notice of
25 delinquency or both whenever the Court has ordered immediate
26 service of an order for withholding or an affidavit has been
27 placed in the court file indicating that the preconditions
28 for service have been previously met. The obligee or public
29 office may then serve the order for withholding on the payor,
30 its superintendent, manager or other agent by regular or
31 certified mail or facsimile personal delivery. A proof of
32 service shall be filed with the Clerk of the Circuit Court.
33 (3) If a delinquency has accrued for any reason, the
34 obligee or public office may serve a notice of delinquency
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1 upon the obligor pursuant to subsection (C). The obligor may
2 prevent the notice of delinquency from being served upon the
3 payor by utilizing the procedures set forth in subsection
4 (D). If no petition to stay service has been filed within the
5 required 20 day time period, the obligee or public office may
6 serve the notice of delinquency on the payor by utilizing the
7 procedures for service set forth in subsection (E).
8 (4) New service of an order for withholding is not
9 required in order to resume withholding of income in the case
10 of an obligor with respect to whom an order for withholding
11 was previously served on the payor if withholding of income
12 was terminated because of an interruption in the obligor's
13 employment of less than 180 days.
14 (G) Duties of Payor.
15 (1) It shall be the duty of any payor who has been
16 served with a copy of the specially certified order for
17 withholding and any notice of delinquency to deduct and pay
18 over income as provided in this subsection. The payor shall
19 deduct the amount designated in the order for withholding, as
20 supplemented by the notice of delinquency and any notice
21 provided pursuant to paragraph (6) of subsection (I),
22 beginning no later than the next payment of income which is
23 payable to the obligor that occurs 14 days following the date
24 the order and any notice were mailed by certified mail or
25 placed for personal delivery. The payor may combine all
26 amounts withheld for the benefit of an obligee or public
27 office into a single payment and transmit the payment with a
28 listing of obligors from whom withholding has been effected.
29 The payor shall pay the amount withheld to the obligee or
30 public office within 10 calendar days of the date income is
31 paid to the obligor in accordance with the order for
32 withholding and any subsequent notification received from the
33 public office redirecting payments. If the payor knowingly
34 fails to pay any amount withheld to the obligee or public
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1 office within 10 calendar days of the date income is paid to
2 the obligor, the payor shall pay a penalty of $100 for each
3 day that the withheld amount is not paid to the obligee or
4 public office after the period of 10 calendar days has
5 expired. The failure of a payor, on more than one occasion,
6 to pay amounts withheld to the obligee or public office
7 within 10 calendar days of the date income is not paid to the
8 obligor creates a presumption that the payor knowingly failed
9 to pay the amounts. This penalty may be collected in a civil
10 action which may be brought against the payor in favor of the
11 obligee. A finding of a payor's nonperformance within the
12 time required under this Section must be documented by a
13 certified mail return receipt showing the date the order for
14 withholding was served on the payor. For purposes of this
15 Section, a withheld amount shall be considered paid by a
16 payor on the date it is mailed by the payor, or on the date
17 an electronic funds transfer of the amount has been initiated
18 by the payor, or on the date delivery of the amount has been
19 initiated by the payor. For each deduction, the payor shall
20 provide the obligee or public office, at the time of
21 transmittal, with the date income was paid from which support
22 was withheld.
23 Upon receipt of an order requiring that a minor child be
24 named as a beneficiary of a health insurance plan available
25 through an employer or labor union or trade union, the
26 employer or labor union or trade union shall immediately
27 enroll the minor child as a beneficiary in the health
28 insurance plan designated by the court order. The employer
29 shall withhold any required premiums and pay over any amounts
30 so withheld and any additional amounts the employer pays to
31 the insurance carrier in a timely manner. The employer or
32 labor union or trade union shall mail to the obligee, within
33 15 days of enrollment or upon request, notice of the date of
34 coverage, information on the dependent coverage plan, and all
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1 forms necessary to obtain reimbursement for covered health
2 expenses, such as would be made available to a new employee.
3 When an order for dependent coverage is in effect and the
4 insurance coverage is terminated or changed for any reason,
5 the employer or labor union or trade union shall notify the
6 obligee within 10 days of the termination or change date
7 along with notice of conversion privileges.
8 For withholding of income, the payor shall be entitled to
9 receive a fee not to exceed $5 per month to be taken from the
10 income to be paid to the obligor.
11 (2) Whenever the obligor is no longer receiving income
12 from the payor, the payor shall return a copy of the order
13 for withholding to the obligee or public office and shall
14 provide information for the purpose of enforcing this
15 Section.
16 (3) Withholding of income under this Section shall be
17 made without regard to any prior or subsequent garnishments,
18 attachments, wage assignments, or any other claims of
19 creditors. Withholding of income under this Section shall
20 not be in excess of the maximum amounts permitted under the
21 federal Consumer Credit Protection Act. If the payor has been
22 served with more than one order for withholding pertaining to
23 the same obligor, the payor shall allocate income available
24 for withholding on a proportionate share basis, giving
25 priority to current support payments. If there is any income
26 available for withholding after withholding for all current
27 support obligations, the payor shall allocate the income to
28 past due support payments ordered in non-AFDC matters and
29 then to past due support payments ordered in AFDC matters,
30 both on a proportionate share basis. Payment as required by
31 the order for withholding shall be a complete defense by the
32 payor against any claims of the obligor or his creditors as
33 to the sum so paid.
34 (4) No payor shall discharge, discipline, refuse to hire
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1 or otherwise penalize any obligor because of the duty to
2 withhold income.
3 (H) Petitions to Stay Service or to Modify, Suspend or
4 Terminate Orders for Withholding.
5 (1) When an obligor files a petition to stay service,
6 the court, after due notice to all parties, shall hear the
7 matter as soon as practicable and shall enter an order
8 granting or denying relief, amending the notice of
9 delinquency, amending the order for withholding, where
10 applicable, or otherwise resolving the matter. If the court
11 finds that a delinquency existed when the notice of
12 delinquency was served upon the obligor, in an amount of at
13 least one month's support obligation, or that the obligor was
14 at least 30 days late in paying all or part of the order for
15 support, the court shall order immediate service of the order
16 for withholding. Where the court cannot promptly resolve any
17 dispute over the amount of the delinquency, the court may
18 order immediate service of the order for withholding as to
19 any undisputed amounts specified in an amended notice of
20 delinquency, and may continue the hearing on the disputed
21 amounts.
22 (2) At any time, an obligor, obligee, public office or
23 Clerk of the Circuit Court may petition the court to:
24 (a) Modify, suspend or terminate the order for
25 withholding because of a modification, suspension or
26 termination of the underlying order for support; or
27 (b) Modify the amount of income to be withheld to
28 reflect payment in full or in part of the delinquency or
29 arrearage by income withholding or otherwise; or
30 (c) Suspend the order for withholding because of
31 inability to deliver income withheld to the obligee due
32 to the obligee's failure to provide a mailing address or
33 other means of delivery.
34 (3) The obligor, obligee or public office shall serve on
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1 the payor, by certified mail or personal delivery, a copy of
2 any order entered pursuant to this subsection that affects
3 the duties of the payor.
4 (4) At any time, a public office or Clerk of the Circuit
5 Court may serve a notice on the payor to:
6 (a) cease withholding of income for payment of
7 current support for a child when the support obligation
8 for that child has automatically ceased under the order
9 for support through emancipation or otherwise; or
10 (b) cease withholding of income for payment of
11 delinquency or arrearage when the delinquency or
12 arrearage has been paid in full.
13 (5) The notice provided for under paragraph (4) of this
14 subsection shall be served on the payor by ordinary mail, and
15 a copy shall be provided to the obligor and the obligee. A
16 copy of the notice shall be filed with the Clerk of the
17 Circuit Court.
18 (6) The order for withholding shall continue to be
19 binding upon the payor until service of any order of the
20 court or notice entered or provided for under this
21 subsection.
22 (I) Additional Duties.
23 (1) An obligee who is receiving income withholding
24 payments under this Section shall notify the payor, if the
25 obligee receives the payments directly from the payor, or the
26 public office or the Clerk of the Circuit Court, as
27 appropriate, of any change of address within 7 days of such
28 change.
29 (2) An obligee who is a recipient of public aid shall
30 send a copy of any notice of delinquency filed pursuant to
31 subsection (C) to the Bureau of Child Support of the Illinois
32 Department of Public Aid.
33 (3) Each obligor shall notify the obligee and the Clerk
34 of the Circuit Court of any change of address within 7 days.
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1 (4) An obligor whose income is being withheld or who has
2 been served with a notice of delinquency pursuant to this
3 Section shall notify the obligee and the Clerk of the Circuit
4 Court of any new payor, within 7 days.
5 (5) When the Illinois Department of Public Aid is no
6 longer authorized to receive payments for the obligee, it
7 shall, within 7 days, notify the payor or, where appropriate,
8 the Clerk of the Circuit Court, to redirect income
9 withholding payments to the obligee.
10 (6) The obligee or public office shall provide notice to
11 the payor and Clerk of the Circuit Court of any other support
12 payment made, including but not limited to, a set-off under
13 federal and State law or partial payment of the delinquency
14 or arrearage, or both.
15 (7) Any public office and Clerk of the Circuit Court
16 which collects, disburses or receives payments pursuant to
17 orders for withholding shall maintain complete, accurate, and
18 clear records of all payments and their disbursements.
19 Certified copies of payment records maintained by a public
20 office or Clerk of the Circuit Court shall, without further
21 proof, be admitted into evidence in any legal proceedings
22 under this Section.
23 (8) The Illinois Department of Public Aid shall design
24 suggested legal forms for proceeding under this Section and
25 shall make available to the courts such forms and
26 informational materials which describe the procedures and
27 remedies set forth herein for distribution to all parties in
28 support actions.
29 (9) At the time of transmitting each support payment,
30 the clerk of the circuit court shall provide the obligee or
31 public office, as appropriate, with any information furnished
32 by the payor as to the date income was paid from which such
33 support was withheld.
34 (J) Penalties.
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1 (1) Where a payor wilfully fails to withhold or pay over
2 income pursuant to a properly served, specially certified
3 order for withholding and any notice of delinquency, or
4 wilfully discharges, disciplines, refuses to hire or
5 otherwise penalizes an obligor as prohibited by subsection
6 (G), or otherwise fails to comply with any duties imposed by
7 this Section, the obligee, public office or obligor, as
8 appropriate, may file a complaint with the court against the
9 payor. The clerk of the circuit court shall notify the
10 obligee or public office, as appropriate, and the obligor and
11 payor of the time and place of the hearing on the complaint.
12 The court shall resolve any factual dispute including, but
13 not limited to, a denial that the payor is paying or has paid
14 income to the obligor. Upon a finding in favor of the
15 complaining party, the court:
16 (a) Shall enter judgment and direct the enforcement
17 thereof for the total amount that the payor wilfully
18 failed to withhold or pay over; and
19 (b) May order employment or reinstatement of or
20 restitution to the obligor, or both, where the obligor
21 has been discharged, disciplined, denied employment or
22 otherwise penalized by the payor and may impose a fine
23 upon the payor not to exceed $200.
24 (2) Any obligee, public office or obligor who wilfully
25 initiates a false proceeding under this Section or who
26 wilfully fails to comply with the requirements of this
27 Section shall be punished as in cases of contempt of court.
28 (K) Alternative Procedures for Entry and Service of an Order
29 for Withholding.
30 (1) Effective January 1, 1987, in any matter in which an
31 order for withholding has not been entered for any reason,
32 based upon the last order for support that has been entered,
33 and in which the obligor has become delinquent in payment of
34 an amount equal to at least one month's support obligation
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1 pursuant to the last order for support or is at least 30 days
2 late in complying with all or part of the order for support,
3 the obligee or public office may prepare and serve an order
4 for withholding pursuant to the procedures set forth in this
5 subsection.
6 (2) The obligee or public office shall:
7 (a) Prepare a proposed order for withholding for
8 immediate service as provided by paragraphs (1) and (3)
9 of subsection (B), except that the minimum 20%
10 delinquency payment shall be used;
11 (b) Prepare a notice of delinquency as provided by
12 paragraphs (1) and (2) of subsection (C), except the
13 notice shall state further that the order for withholding
14 has not been entered by the court and the conditions
15 under which the order will be entered; and
16 (c) Serve the notice of delinquency and form
17 petition to stay service as provided by paragraph (3) of
18 subsection (C), together with the proposed order for
19 withholding, which shall be marked "COPY ONLY".
20 (3) After 20 days following service of the notice of
21 delinquency and proposed order for withholding, in lieu of
22 the provisions of subsection (E), the obligee or public
23 office shall file with the Clerk of the Circuit Court an
24 affidavit, with a copy of the notice of delinquency and
25 proposed order for withholding attached thereto, stating
26 that:
27 (a) The notice of delinquency and proposed order
28 for withholding have been served upon the obligor and the
29 date on which service was effected;
30 (b) The obligor has not filed a petition to stay
31 service within 20 days of service of such notice and
32 order; and
33 (c) The proposed order for withholding accurately
34 states the terms and amounts contained in the last order
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1 for support.
2 (4) Upon the court's satisfaction that the procedures
3 set forth in this subsection have been met, it shall enter
4 the order for withholding.
5 (5) The Clerk shall then provide to the obligee or
6 public office a specially certified copy of the order for
7 withholding and the notice of delinquency indicating that the
8 preconditions for service have been met.
9 (6) The obligee or public office shall serve the
10 specially certified copies of the order for withholding and
11 the notice of delinquency on the payor, its superintendent,
12 manager or other agent by certified mail or personal
13 delivery. A proof of service shall be filed with the Clerk
14 of the Circuit Court.
15 (7) If the obligor requests in writing that income
16 withholding become effective prior to becoming delinquent in
17 payment of an amount equal to one month's support obligation
18 pursuant to the last order for support, or prior to becoming
19 30 days late in paying all or part of the order for support,
20 the obligee or public office shall file an affidavit with the
21 Clerk of the circuit Court, with a proposed order for
22 withholding attached, stating that the proposed order
23 accurately states the terms and amounts contained in the last
24 order for support and the obligor's request for immediate
25 service. The provisions of paragraphs (4) through (6) of
26 this subsection shall apply, except that a notice of
27 delinquency shall not be required.
28 (8) All other provisions of this Section shall be
29 applicable with respect to the provisions of this subsection
30 (K), except that under paragraph (1) of subsection (H), the
31 court may also amend the proposed order for withholding to
32 conform to the last order for support.
33 (9) Nothing in this subsection shall be construed as
34 limiting the requirements of paragraph (1) of subsection (B)
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1 with respect to the entry of a separate order for withholding
2 upon entry of any order for support.
3 (L) Remedies in Addition to Other Laws.
4 (1) The rights, remedies, duties and penalties created
5 by this Section are in addition to and not in substitution
6 for any other rights, remedies, duties and penalties created
7 by any other law.
8 (2) Nothing in this Section shall be construed as
9 invalidating any assignment of wages or benefits executed
10 prior to January 1, 1984.
11 (Source: P.A. 87-529; 87-935; 87-988; 87-1105; 88-26; 88-45;
12 88-94; 88-131; 88-307; 88-670, eff. 12-2-94.)
13 (Text of Section after amendment by P.A.89-507)
14 Sec. 706.1. Withholding of Income to Secure Payment of
15 Support.
16 (A) Definitions.
17 (1) "Order for support" means any order of the court
18 which provides for periodic payment of funds for the support
19 of a child or maintenance of a spouse, whether temporary or
20 final, and includes any such order which provides for:
21 (a) Modification or resumption of, or payment of
22 arrearage accrued under, a previously existing order;
23 (b) Reimbursement of support; or
24 (c) Enrollment in a health insurance plan that is
25 available to the obligor through an employer or labor
26 union or trade union.
27 (2) "Arrearage" means the total amount of unpaid support
28 obligations.
29 (3) "Delinquency" means any payment under an order for
30 support which becomes due and remains unpaid after an order
31 for withholding has been entered under subsection (B) or, for
32 purposes of subsection (K), after the last order for support
33 was entered for which no order for withholding was entered.
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1 (4) "Income" means any form of periodic payment to an
2 individual, regardless of source, including, but not limited
3 to: wages, salary, commission, compensation as an independent
4 contractor, workers' compensation, disability, annuity and
5 retirement benefits, lottery prize awards, insurance
6 proceeds, vacation pay, bonuses, profit-sharing payments and
7 any other payments, made by any person, private entity,
8 federal or state government, any unit of local government,
9 school district or any entity created by Public Act; however,
10 "income" excludes:
11 (a) Any amounts required by law to be withheld,
12 other than creditor claims, including, but not limited
13 to, federal, State and local taxes, Social Security and
14 other retirement and disability contributions;
15 (b) Union dues;
16 (c) Any amounts exempted by the federal Consumer
17 Credit Protection Act;
18 (d) Public assistance payments; and
19 (e) Unemployment insurance benefits except as
20 provided by law.
21 Any other State or local laws which limit or exempt
22 income or the amount or percentage of income that can be
23 withheld shall not apply.
24 (5) "Obligor" means the individual who owes a duty to
25 make payments under an order for support.
26 (6) "Obligee" means the individual to whom a duty of
27 support is owed or the individual's legal representative.
28 (7) "Payor" means any payor of income to an obligor.
29 (8) "Public office" means any elected official or any
30 State or local agency which is or may become responsible by
31 law for enforcement of, or which is or may become authorized
32 to enforce, an order for support, including, but not limited
33 to: the Attorney General, the Illinois Department of Public
34 Aid, the Illinois Department of Human Services, the Illinois
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1 Department of Children and Family Services, and the various
2 State's Attorneys, Clerks of the Circuit Court and
3 supervisors of general assistance.
4 (9) "Premium" means the dollar amount for which the
5 obligor is liable to his employer or labor union or trade
6 union and which must be paid to enroll or maintain a child in
7 a health insurance plan that is available to the obligor
8 through an employer or labor union or trade union.
9 (B) Entry of an Order for Withholding.
10 (1) Upon entry of any order for support on or after
11 January 1, 1984, the court shall enter a separate order for
12 withholding which shall not take effect unless the obligor
13 becomes delinquent in paying the order for support or the
14 obligor requests an earlier effective date; except that the
15 court may require the order for withholding to take effect
16 immediately.
17 On or after January 1, 1989, the court shall require the
18 order for withholding to take effect immediately, unless a
19 written agreement is reached between and signed by both
20 parties providing for an alternative arrangement, approved
21 and entered into the record by the court, which insures
22 payment of support. In that case, the court shall enter the
23 order for withholding which will not take effect unless the
24 obligor becomes delinquent in paying the order for support.
25 Upon entry of any order of support on or after September
26 11, 1989, if the obligor is not a United States citizen, the
27 obligor shall provide to the court the obligor's alien
28 registration number, passport number, and home country's
29 social security or national health number, if applicable; the
30 court shall make the information part of the record in the
31 case.
32 (2) An order for withholding shall be entered upon
33 petition by the obligee or public office where an order for
34 withholding has not been previously entered.
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1 (3) The order for withholding shall:
2 (a) Direct any payor to withhold a dollar amount
3 equal to the order for support; and
4 (b) Direct any payor to withhold an additional
5 dollar amount, not less than 20% of the order for
6 support, until payment in full of any delinquency stated
7 in the notice of delinquency provided for in subsection
8 (C) or (F) of this Section; and
9 (c) Direct any payor or labor union or trade union
10 to enroll a child as a beneficiary of a health insurance
11 plan and withhold or cause to be withheld, if
12 applicable, any required premiums; and
13 (d) State the rights, remedies and duties of the
14 obligor under this Section; and
15 (e) Include the obligor's Social Security Number,
16 which the obligor shall disclose to the court; and
17 (f) Include the date that withholding for current
18 support terminates, which shall be the date of
19 termination of the current support obligation set forth
20 in the order for support.
21 (4) At the time the order for withholding is entered,
22 the Clerk of the Circuit Court shall provide a copy of the
23 order for withholding and the order for support to the
24 obligor and shall make copies available to the obligee and
25 public office. Any copy of the order for withholding
26 furnished to the parties under this subsection shall be
27 stamped "Not Valid".
28 (5) The order for withholding shall remain in effect for
29 as long as the order for support upon which it is based.
30 (6) The failure of an order for withholding to state an
31 arrearage is not conclusive of the issue of whether an
32 arrearage is owing.
33 (7) Notwithstanding the provisions of this subsection,
34 if the court finds at the time of any hearing that an
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1 arrearage has accrued in an amount equal to at least one
2 month's support obligation or that the obligor is 30 days
3 late in paying all or part of the order for support, the
4 court shall order immediate service of the order for
5 withholding upon the payor.
6 (8) Where the court has not required that the order for
7 withholding take effect immediately, the obligee or public
8 office may prepare and serve a notice for immediate
9 withholding upon the obligor by ordinary mail addressed to
10 the obligor at his or her last known address. The notice
11 shall state that the following circumstances have occurred:
12 (a) The parties' written agreement providing an
13 alternative arrangement to immediate withholding under
14 paragraph (1) of this subsection no longer provides for
15 timely payment of all support due; or
16 (b) The obligor has not made timely payments in
17 that the obligor has been at least 7 days late in paying
18 all or part of the order for support any of the last 6
19 consecutive dates payments were due prior to the date of
20 the notice for immediate withholding.
21 The notice for immediate withholding shall clearly state
22 that a specially certified copy of the order for withholding
23 will be sent to the payor, unless the obligor files a
24 petition contesting immediate withholding within 20 days
25 after service of the notice; however, the grounds for the
26 petition shall be limited to a dispute concerning whether the
27 circumstances stated in the notice have occurred or the
28 identity of the obligor. It shall not be grounds for the
29 petition that the obligor has made all payments due by the
30 date of the petition.
31 If the obligor files a petition contesting immediate
32 withholding within the 20-day period required under this
33 paragraph, the Clerk of the Circuit Court shall notify the
34 obligor and the obligee or public office, as appropriate, of
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1 the time and place of the hearing on the petition. Upon
2 hearing the petition, the court shall enter an order granting
3 or denying relief. It shall not be grounds for granting the
4 obligor's petition that he or she has made all payments due
5 by the date of hearing. If the court denies the obligor's
6 petition, it shall order immediate service of the order for
7 withholding and direct the clerk to provide a specially
8 certified copy of the order for withholding to the obligee or
9 public office indicating that the requirements for immediate
10 withholding under this paragraph have been met.
11 If the obligor does not file a petition contesting
12 immediate withholding within the 20-day period, the obligee
13 or public office shall file with the Clerk of the Circuit
14 Court an affidavit, with a copy of the notice for immediate
15 withholding attached thereto, stating that the notice was
16 duly served and the date on which service was effected, and
17 that the obligor has not filed a petition contesting
18 immediate withholding. The clerk shall then provide to the
19 obligee or public office a specially certified copy of the
20 order for withholding indicating that the requirements for
21 immediate withholding under this paragraph have been met.
22 Upon receipt of a specially certified copy of the order
23 for withholding, the obligee or public office may serve the
24 order on the payor, its superintendent, manager or other
25 agent, by certified mail or personal delivery. A proof of
26 service shall be filed with the Clerk of the Circuit Court.
27 (C) Notice of Delinquency.
28 (1) Whenever an obligor becomes delinquent in payment of
29 an amount equal to at least one month's support obligation
30 pursuant to the order for support or is at least 30 days late
31 in complying with all or part of the order for support,
32 whichever occurs first, the obligee or public office may
33 prepare and serve a verified notice of delinquency, together
34 with a form petition to stay service, pursuant to paragraph
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1 (3) of this subsection.
2 (2) The notice of delinquency shall recite the terms of
3 the order for support and contain a computation of the period
4 and total amount of the delinquency, as of the date of the
5 notice. The notice shall clearly state that it will be sent
6 to the payor, together with a specially certified copy of the
7 order for withholding, except as provided in subsection (F),
8 unless the obligor files a petition to stay service in
9 accordance with paragraph (1) of subsection (D).
10 (3) The notice of delinquency shall be served by
11 ordinary mail addressed to the obligor at his or her last
12 known address.
13 (4) The obligor may execute a written waiver of the
14 provisions of paragraphs (1) through (3) of this subsection
15 and request immediate service upon the payor.
16 (D) Procedures to Avoid Income Withholding.
17 (1) Except as provided in subsection (F), the obligor
18 may prevent an order for withholding from being served by
19 filing a petition to stay service with the Clerk of the
20 Circuit Court, within 20 days after service of the notice of
21 delinquency; however, the grounds for the petition to stay
22 service shall be limited to:
23 (a) A dispute concerning the amount of current
24 support or the existence or amount of the delinquency;
25 (b) The identity of the obligor.
26 The Clerk of the Circuit Court shall notify the obligor
27 and the obligee or public office, as appropriate, of the time
28 and place of the hearing on the petition to stay service. The
29 court shall hold such hearing pursuant to the provisions of
30 subsection (H).
31 (2) Except as provided in subsection (F), filing of a
32 petition to stay service, within the 20-day period required
33 under this subsection, shall prohibit the obligee or public
34 office from serving the order for withholding on any payor of
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1 the obligor.
2 (E) Initial Service of Order for Withholding.
3 (1) Except as provided in subsection (F), in order to
4 serve an order for withholding upon a payor, an obligee or
5 public office shall follow the procedures set forth in this
6 subsection. After 20 days following service of the notice of
7 delinquency, the obligee or public office shall file with the
8 Clerk of the Circuit Court an affidavit, with the copy of the
9 notice of delinquency attached thereto, stating:
10 (a) that the notice of delinquency has been duly
11 served and the date on which service was effected; and
12 (b) that the obligor has not filed a petition to
13 stay service, or in the alternative
14 (c) that the obligor has waived the provisions of
15 subparagraphs (a) and (b) of this paragraph (1) in
16 accordance with subsection (C)(4).
17 (2) Upon request of the obligee or public office, the
18 Clerk of the Circuit Court shall: (a) make available any
19 record of payment; and (b) determine that the file contains a
20 copy of the affidavit described in paragraph (1). The Clerk
21 shall then provide to the obligee or public office a
22 specially certified copy of the order for withholding and the
23 notice of delinquency indicating that the preconditions for
24 service have been met.
25 (3) The obligee or public office may then serve the
26 notice of delinquency and order for withholding on the payor,
27 its superintendent, manager or other agent, by regular or
28 certified mail or facsimile personal delivery. A proof of
29 service shall be filed with the Clerk of the Circuit Court.
30 (F) Subsequent Service of Order for Withholding.
31 (1) Notwithstanding the provisions of this Section, at
32 any time after the court has ordered immediate service of an
33 order for withholding or after initial service of an order
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1 for withholding pursuant to subsection (E), the obligee or
2 public office may serve the order for withholding upon any
3 payor of the obligor without further notice to the obligor.
4 The obligee or public office shall provide notice to the
5 payor, pursuant to paragraph (6) of subsection (I), of any
6 payments that have been made through previous withholding or
7 any other method.
8 (2) The Clerk of the Circuit Court shall, upon request,
9 provide the obligee or public office with specially certified
10 copies of the order for withholding or the notice of
11 delinquency or both whenever the Court has ordered immediate
12 service of an order for withholding or an affidavit has been
13 placed in the court file indicating that the preconditions
14 for service have been previously met. The obligee or public
15 office may then serve the order for withholding on the payor,
16 its superintendent, manager or other agent by regular or
17 certified mail or facsimile personal delivery. A proof of
18 service shall be filed with the Clerk of the Circuit Court.
19 (3) If a delinquency has accrued for any reason, the
20 obligee or public office may serve a notice of delinquency
21 upon the obligor pursuant to subsection (C). The obligor may
22 prevent the notice of delinquency from being served upon the
23 payor by utilizing the procedures set forth in subsection
24 (D). If no petition to stay service has been filed within the
25 required 20 day time period, the obligee or public office may
26 serve the notice of delinquency on the payor by utilizing the
27 procedures for service set forth in subsection (E).
28 (4) New service of an order for withholding is not
29 required in order to resume withholding of income in the case
30 of an obligor with respect to whom an order for withholding
31 was previously served on the payor if withholding of income
32 was terminated because of an interruption in the obligor's
33 employment of less than 180 days.
34 (G) Duties of Payor.
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1 (1) It shall be the duty of any payor who has been
2 served with a copy of the specially certified order for
3 withholding and any notice of delinquency to deduct and pay
4 over income as provided in this subsection. The payor shall
5 deduct the amount designated in the order for withholding, as
6 supplemented by the notice of delinquency and any notice
7 provided pursuant to paragraph (6) of subsection (I),
8 beginning no later than the next payment of income which is
9 payable to the obligor that occurs 14 days following the date
10 the order and any notice were mailed by certified mail or
11 placed for personal delivery. The payor may combine all
12 amounts withheld for the benefit of an obligee or public
13 office into a single payment and transmit the payment with a
14 listing of obligors from whom withholding has been effected.
15 The payor shall pay the amount withheld to the obligee or
16 public office within 10 calendar days of the date income is
17 paid to the obligor in accordance with the order for
18 withholding and any subsequent notification received from the
19 public office redirecting payments. If the payor knowingly
20 fails to pay any amount withheld to the obligee or public
21 office within 10 calendar days of the date income is paid to
22 the obligor, the payor shall pay a penalty of $100 for each
23 day that the withheld amount is not paid to the obligee or
24 public office after the period of 10 calendar days has
25 expired. The failure of a payor, on more than one occasion,
26 to pay amounts withheld to the obligee or public office
27 within 10 calendar days of the date income is not paid to the
28 obligor creates a presumption that the payor knowingly failed
29 to pay the amounts. This penalty may be collected in a civil
30 action which may be brought against the payor in favor of the
31 obligee. A finding of a payor's nonperformance within the
32 time required under this Section must be documented by a
33 certified mail return receipt showing the date the order for
34 withholding was served on the payor. For purposes of this
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1 Section, a withheld amount shall be considered paid by a
2 payor on the date it is mailed by the payor, or on the date
3 an electronic funds transfer of the amount has been initiated
4 by the payor, or on the date delivery of the amount has been
5 initiated by the payor. For each deduction, the payor shall
6 provide the obligee or public office, at the time of
7 transmittal, with the date income was paid from which support
8 was withheld.
9 Upon receipt of an order requiring that a minor child be
10 named as a beneficiary of a health insurance plan available
11 through an employer or labor union or trade union, the
12 employer or labor union or trade union shall immediately
13 enroll the minor child as a beneficiary in the health
14 insurance plan designated by the court order. The employer
15 shall withhold any required premiums and pay over any amounts
16 so withheld and any additional amounts the employer pays to
17 the insurance carrier in a timely manner. The employer or
18 labor union or trade union shall mail to the obligee, within
19 15 days of enrollment or upon request, notice of the date of
20 coverage, information on the dependent coverage plan, and all
21 forms necessary to obtain reimbursement for covered health
22 expenses, such as would be made available to a new employee.
23 When an order for dependent coverage is in effect and the
24 insurance coverage is terminated or changed for any reason,
25 the employer or labor union or trade union shall notify the
26 obligee within 10 days of the termination or change date
27 along with notice of conversion privileges.
28 For withholding of income, the payor shall be entitled to
29 receive a fee not to exceed $5 per month to be taken from the
30 income to be paid to the obligor.
31 (2) Whenever the obligor is no longer receiving income
32 from the payor, the payor shall return a copy of the order
33 for withholding to the obligee or public office and shall
34 provide information for the purpose of enforcing this
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1 Section.
2 (3) Withholding of income under this Section shall be
3 made without regard to any prior or subsequent garnishments,
4 attachments, wage assignments, or any other claims of
5 creditors. Withholding of income under this Section shall
6 not be in excess of the maximum amounts permitted under the
7 federal Consumer Credit Protection Act. If the payor has been
8 served with more than one order for withholding pertaining to
9 the same obligor, the payor shall allocate income available
10 for withholding on a proportionate share basis, giving
11 priority to current support payments. If there is any income
12 available for withholding after withholding for all current
13 support obligations, the payor shall allocate the income to
14 past due support payments ordered in non-AFDC matters and
15 then to past due support payments ordered in AFDC matters,
16 both on a proportionate share basis. Payment as required by
17 the order for withholding shall be a complete defense by the
18 payor against any claims of the obligor or his creditors as
19 to the sum so paid.
20 (4) No payor shall discharge, discipline, refuse to hire
21 or otherwise penalize any obligor because of the duty to
22 withhold income.
23 (H) Petitions to Stay Service or to Modify, Suspend or
24 Terminate Orders for Withholding.
25 (1) When an obligor files a petition to stay service,
26 the court, after due notice to all parties, shall hear the
27 matter as soon as practicable and shall enter an order
28 granting or denying relief, amending the notice of
29 delinquency, amending the order for withholding, where
30 applicable, or otherwise resolving the matter. If the court
31 finds that a delinquency existed when the notice of
32 delinquency was served upon the obligor, in an amount of at
33 least one month's support obligation, or that the obligor was
34 at least 30 days late in paying all or part of the order for
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1 support, the court shall order immediate service of the order
2 for withholding. Where the court cannot promptly resolve any
3 dispute over the amount of the delinquency, the court may
4 order immediate service of the order for withholding as to
5 any undisputed amounts specified in an amended notice of
6 delinquency, and may continue the hearing on the disputed
7 amounts.
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 order for
11 withholding because of a modification, suspension or
12 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 order for withholding because of
17 inability to deliver income withheld to the obligee due
18 to the obligee's failure to provide a mailing address or
19 other means of delivery.
20 (3) The obligor, obligee or public office shall serve on
21 the payor, by certified mail or personal delivery, a copy of
22 any order entered pursuant to this subsection that affects
23 the duties of the payor.
24 (4) 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 (5) The notice provided for under paragraph (4) of this
34 subsection shall be served on the payor by ordinary mail, and
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1 a copy shall be provided to the obligor and the obligee. A
2 copy of the notice shall be filed with the Clerk of the
3 Circuit Court.
4 (6) The order for withholding shall continue to be
5 binding upon the payor until service of any order of the
6 court or notice entered or provided for under this
7 subsection.
8 (I) 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 notice of delinquency filed pursuant to
17 subsection (C) to the Bureau of Child Support of the Illinois
18 Department of Public Aid.
19 (3) Each obligor shall notify the obligee and the Clerk
20 of the Circuit Court of any change of address within 7 days.
21 (4) An obligor whose income is being withheld or who has
22 been served with a notice of delinquency pursuant to this
23 Section shall notify the obligee and the Clerk of the Circuit
24 Court of any new payor, within 7 days.
25 (5) When the Illinois Department of Public Aid is no
26 longer authorized to receive payments for the obligee, it
27 shall, within 7 days, notify the payor or, where appropriate,
28 the Clerk of the Circuit Court, to redirect income
29 withholding payments to the obligee.
30 (6) The obligee or public office shall provide notice to
31 the payor and Clerk of the Circuit Court of any other support
32 payment made, including but not limited to, a set-off under
33 federal and State law or partial payment of the delinquency
34 or arrearage, or both.
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1 (7) Any public office and Clerk of the Circuit Court
2 which collects, disburses or receives payments pursuant to
3 orders for withholding shall maintain complete, accurate, and
4 clear records of all payments and their disbursements.
5 Certified copies of payment records maintained by a public
6 office or Clerk of the Circuit Court shall, without further
7 proof, be admitted into evidence in any legal proceedings
8 under this Section.
9 (8) The Illinois Department of Public Aid shall design
10 suggested legal forms for proceeding under this Section and
11 shall make available to the courts such forms and
12 informational materials which describe the procedures and
13 remedies set forth herein for distribution to all parties in
14 support actions.
15 (9) At the time of transmitting each support payment,
16 the clerk of the circuit court shall provide the obligee or
17 public office, as appropriate, with any information furnished
18 by the payor as to the date income was paid from which such
19 support was withheld.
20 (J) Penalties.
21 (1) Where a payor wilfully fails to withhold or pay over
22 income pursuant to a properly served, specially certified
23 order for withholding and any notice of delinquency, or
24 wilfully discharges, disciplines, refuses to hire or
25 otherwise penalizes an obligor as prohibited by subsection
26 (G), or otherwise fails to comply with any duties imposed by
27 this Section, the obligee, public office or obligor, as
28 appropriate, may file a complaint with the court against the
29 payor. The clerk of the circuit court shall notify the
30 obligee or public office, as appropriate, and the obligor and
31 payor of the time and place of the hearing on the complaint.
32 The court shall resolve any factual dispute including, but
33 not limited to, a denial that the payor is paying or has paid
34 income to the obligor. Upon a finding in favor of the
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1 complaining party, the court:
2 (a) Shall enter judgment and direct the enforcement
3 thereof for the total amount that the payor wilfully
4 failed to withhold or pay over; and
5 (b) May order employment or reinstatement of or
6 restitution to the obligor, or both, where the obligor
7 has been discharged, disciplined, denied employment or
8 otherwise penalized by the payor and may impose a fine
9 upon the payor not to exceed $200.
10 (2) Any obligee, public office or obligor who wilfully
11 initiates a false proceeding under this Section or who
12 wilfully fails to comply with the requirements of this
13 Section shall be punished as in cases of contempt of court.
14 (K) Alternative Procedures for Entry and Service of an Order
15 for Withholding.
16 (1) Effective January 1, 1987, in any matter in which an
17 order for withholding has not been entered for any reason,
18 based upon the last order for support that has been entered,
19 and in which the obligor has become delinquent in payment of
20 an amount equal to at least one month's support obligation
21 pursuant to the last order for support or is at least 30 days
22 late in complying with all or part of the order for support,
23 the obligee or public office may prepare and serve an order
24 for withholding pursuant to the procedures set forth in this
25 subsection.
26 (2) The obligee or public office shall:
27 (a) Prepare a proposed order for withholding for
28 immediate service as provided by paragraphs (1) and (3)
29 of subsection (B), except that the minimum 20%
30 delinquency payment shall be used;
31 (b) Prepare a notice of delinquency as provided by
32 paragraphs (1) and (2) of subsection (C), except the
33 notice shall state further that the order for withholding
34 has not been entered by the court and the conditions
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1 under which the order will be entered; and
2 (c) Serve the notice of delinquency and form
3 petition to stay service as provided by paragraph (3) of
4 subsection (C), together with the proposed order for
5 withholding, which shall be marked "COPY ONLY".
6 (3) After 20 days following service of the notice of
7 delinquency and proposed order for withholding, in lieu of
8 the provisions of subsection (E), the obligee or public
9 office shall file with the Clerk of the Circuit Court an
10 affidavit, with a copy of the notice of delinquency and
11 proposed order for withholding attached thereto, stating
12 that:
13 (a) The notice of delinquency and proposed order
14 for withholding have been served upon the obligor and the
15 date on which service was effected;
16 (b) The obligor has not filed a petition to stay
17 service within 20 days of service of such notice and
18 order; and
19 (c) The proposed order for withholding accurately
20 states the terms and amounts contained in the last order
21 for support.
22 (4) Upon the court's satisfaction that the procedures
23 set forth in this subsection have been met, it shall enter
24 the order for withholding.
25 (5) The Clerk shall then provide to the obligee or
26 public office a specially certified copy of the order for
27 withholding and the notice of delinquency indicating that the
28 preconditions for service have been met.
29 (6) The obligee or public office shall serve the
30 specially certified copies of the order for withholding and
31 the notice of delinquency on the payor, its superintendent,
32 manager or other agent by certified mail or personal
33 delivery. A proof of service shall be filed with the Clerk
34 of the Circuit Court.
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1 (7) If the obligor requests in writing that income
2 withholding become effective prior to becoming delinquent in
3 payment of an amount equal to one month's support obligation
4 pursuant to the last order for support, or prior to becoming
5 30 days late in paying all or part of the order for support,
6 the obligee or public office shall file an affidavit with the
7 Clerk of the circuit Court, with a proposed order for
8 withholding attached, stating that the proposed order
9 accurately states the terms and amounts contained in the last
10 order for support and the obligor's request for immediate
11 service. The provisions of paragraphs (4) through (6) of
12 this subsection shall apply, except that a notice of
13 delinquency shall not be required.
14 (8) All other provisions of this Section shall be
15 applicable with respect to the provisions of this subsection
16 (K), except that under paragraph (1) of subsection (H), the
17 court may also amend the proposed order for withholding to
18 conform to the last order for support.
19 (9) Nothing in this subsection shall be construed as
20 limiting the requirements of paragraph (1) of subsection (B)
21 with respect to the entry of a separate order for withholding
22 upon entry of any order for support.
23 (L) 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.
31 (Source: P.A. 88-26; 88-45; 88-94; 88-131; 88-307; 88-670,
32 eff. 12-2-94; 89-507, eff. 7-1-97.)
33 Section 92. The Non-Support of Spouse and Children Act
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1 is amended by changing Section 4.1 as follows:
2 (750 ILCS 15/4.1) (from Ch. 40, par. 1107.1)
3 (Text of Section before amendment by P.A. 89-507)
4 Sec. 4.1. Withholding of Income to Secure Payment of
5 Support.
6 (A) Definitions.
7 (1) "Order for support" means any order of the court
8 which provides for periodic payment of funds for the support
9 of a child or maintenance of a spouse, whether temporary or
10 final, and includes any such order which provides for:
11 (a) Modification or resumption of, or payment of
12 arrearage accrued under, a previously existing order;
13 (b) Reimbursement of support; or
14 (c) Enrollment in a health insurance plan that is
15 available to the obligor through an employer or labor
16 union or trade union.
17 (2) "Arrearage" means the total amount of unpaid support
18 obligations.
19 (3) "Delinquency" means any payment under an order for
20 support which becomes due and remains unpaid after an order
21 for withholding has been entered under subsection (B) or, for
22 purposes of subsection (K), after the last order for support
23 was entered for which no order for withholding was entered.
24 (4) "Income" means any form of periodic payment to an
25 individual, regardless of source, including, but not limited
26 to: wages, salary, commission, compensation as an independent
27 contractor, workers' compensation, disability, annuity and
28 retirement benefits, lottery prize awards, insurance
29 proceeds, vacation pay, bonuses, profit-sharing payments and
30 any other payments, made by any person, private entity,
31 federal or state government, any unit of local government,
32 school district or any entity created by Public Act; however,
33 "income" excludes:
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1 (a) Any amounts required by law to be withheld,
2 other than creditor claims, including, but not limited
3 to, federal, State and local taxes, Social Security and
4 other retirement and disability contributions;
5 (b) Union dues;
6 (c) Any amounts exempted by the federal Consumer
7 Credit Protection Act;
8 (d) Public assistance payments; and
9 (e) Unemployment insurance benefits except as
10 provided by law.
11 Any other State or local laws which limit or exempt
12 income or the amount or percentage of income that can be
13 withheld shall not apply.
14 (5) "Obligor" means the individual who owes a duty to
15 make payments under an order for support.
16 (6) "Obligee" means the individual to whom a duty of
17 support is owed or the individual's legal representative.
18 (7) "Payor" means any payor of income to an obligor.
19 (8) "Public office" means any elected official or any
20 State or local agency which is or may become responsible by
21 law for enforcement of, or which is or may become authorized
22 to enforce, an order for support, including, but not limited
23 to: the Attorney General, the Illinois Department of Public
24 Aid, the Illinois Department of Mental Health and
25 Developmental Disabilities, the Illinois Department of
26 Children and Family Services, and the various State's
27 Attorneys, Clerks of the Circuit Court and supervisors of
28 general assistance.
29 (9) "Premium" means the dollar amount for which the
30 obligor is liable to his employer or labor union or trade
31 union and which must be paid to enroll or maintain a child in
32 a health insurance plan that is available to the obligor
33 through an employer or labor union or trade union.
34 (B) Entry of an Order for Withholding.
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1 (1) Upon entry of any order for support on or after
2 January 1, 1984, the court shall enter a separate order for
3 withholding which shall not take effect unless the obligor
4 becomes delinquent in paying the order for support or the
5 obligor requests an earlier effective date; except that the
6 court may require the order for withholding to take effect
7 immediately.
8 On or after January 1, 1989, the court shall require the
9 order for withholding to take effect immediately, unless a
10 written agreement is reached between and signed by both
11 parties providing for an alternative arrangement, approved
12 and entered into the record by the court, which insures
13 payment of support. In that case, the court shall enter the
14 order for withholding which will not take effect unless the
15 obligor becomes delinquent in paying the order for support.
16 Upon entry of any order of support on or after September
17 11, 1989, if the obligor is not a United States citizen, the
18 obligor shall provide to the court the obligor's alien
19 registration number, passport number, and home country's
20 social security or national health number, if applicable; the
21 court shall make the information part of the record in the
22 case.
23 (2) An order for withholding shall be entered upon
24 petition by the obligee or public office where an order for
25 withholding has not been previously entered.
26 (3) The order for withholding shall:
27 (a) Direct any payor to withhold a dollar amount
28 equal to the order for support; and
29 (b) Direct any payor to withhold an additional
30 dollar amount, not less than 20% of the order for
31 support, until payment in full of any delinquency stated
32 in the notice of delinquency provided for in subsection
33 (C) or (F) of this Section; and
34 (c) Direct any payor or labor union or trade union
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1 to enroll a child as a beneficiary of a health insurance
2 plan and withhold or cause to be withheld, if applicable,
3 any required premiums; and
4 (d) State the rights, remedies and duties of the
5 obligor under this Section; and
6 (e) Include the obligor's Social Security Number,
7 which the obligor shall disclose to the court; and
8 (f) Include the date that withholding for current
9 support terminates, which shall be the date of
10 termination of the current support obligation set forth
11 in the order for support.
12 (4) At the time the order for withholding is entered,
13 the Clerk of the Circuit Court shall provide a copy of the
14 order for withholding and the order for support to the
15 obligor and shall make copies available to the obligee and
16 public office. Any copy of the order for withholding
17 furnished to the parties under this subsection shall be
18 stamped "Not Valid".
19 (5) The order for withholding shall remain in effect for
20 as long as the order for support upon which it is based.
21 (6) The failure of an order for withholding to state an
22 arrearage is not conclusive of the issue of whether an
23 arrearage is owing.
24 (7) Notwithstanding the provisions of this subsection,
25 if the court finds at the time of any hearing that an
26 arrearage has accrued in an amount equal to at least one
27 month's support obligation or that the obligor is 30 days
28 late in paying all or part of the order for support, the
29 court shall order immediate service of the order for
30 withholding upon the payor.
31 (8) Where the court has not required that the order for
32 withholding take effect immediately, the obligee or public
33 office may prepare and serve a notice for immediate
34 withholding upon the obligor by ordinary mail addressed to
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1 the obligor at his or her last known address. The notice
2 shall state that the following circumstances have occurred:
3 (a) The parties' written agreement providing an
4 alternative arrangement to immediate withholding under
5 paragraph (1) of this subsection no longer provides for
6 timely payment of all support due; or
7 (b) The obligor has not made timely payments in
8 that the obligor has been at least 7 days late in paying
9 all or part of the order for support any of the last 6
10 consecutive dates payments were due prior to the date of
11 the notice for immediate withholding.
12 The notice for immediate withholding shall clearly state
13 that a specially certified copy of the order for withholding
14 will be sent to the payor, unless the obligor files a
15 petition contesting immediate withholding within 20 days
16 after service of the notice; however, the grounds for the
17 petition shall be limited to a dispute concerning whether the
18 circumstances stated in the notice have occurred or the
19 identity of the obligor. It shall not be grounds for the
20 petition that the obligor has made all payments due by the
21 date of the petition.
22 If the obligor files a petition contesting immediate
23 withholding within the 20-day period required under this
24 paragraph, the Clerk of the Circuit Court shall notify the
25 obligor and the obligee or public office, as appropriate, of
26 the time and place of the hearing on the petition. Upon
27 hearing the petition, the court shall enter an order granting
28 or denying relief. It shall not be grounds for granting the
29 obligor's petition that he or she has made all payments due
30 by the date of hearing. If the court denies the obligor's
31 petition, it shall order immediate service of the order for
32 withholding, and direct the clerk to provide a specially
33 certified copy of the order for withholding to the obligee or
34 public office indicating that the requirements for immediate
SB1024 Enrolled -78- LRB9003396DJcd
1 withholding under this paragraph have been met.
2 If the obligor does not file a petition contesting
3 immediate withholding within the 20-day period, the obligee
4 or public office shall file with the Clerk of the Circuit
5 Court an affidavit, with a copy of the notice for immediate
6 withholding attached thereto, stating that the notice was
7 duly served and the date on which service was effected, and
8 that the obligor has not filed a petition contesting
9 immediate withholding. The clerk shall then provide to the
10 obligee or public office a specially certified copy of the
11 order for withholding indicating that the requirements for
12 immediate withholding under this paragraph have been met.
13 Upon receipt of a specially certified copy of the order
14 for withholding, the obligee or public office may serve the
15 order on the payor, its superintendent, manager or other
16 agent, by certified mail or personal delivery. A proof of
17 service shall be filed with the Clerk of the Circuit Court.
18 (C) Notice of Delinquency.
19 (1) Whenever an obligor becomes delinquent in payment of
20 an amount equal to at least one month's support obligation
21 pursuant to the order for support or is at least 30 days late
22 in complying with all or part of the order for support,
23 whichever occurs first, the obligee or public office may
24 prepare and serve a verified notice of delinquency, together
25 with a form petition to stay service, pursuant to paragraph
26 (3) of this subsection.
27 (2) The notice of delinquency shall recite the terms of
28 the order for support and contain a computation of the period
29 and total amount of the delinquency, as of the date of the
30 notice. The notice shall clearly state that it will be sent
31 to the payor, together with a specially certified copy of the
32 order for withholding, except as provided in subsection (F),
33 unless the obligor files a petition to stay service in
34 accordance with paragraph (1) of subsection (D).
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1 (3) The notice of delinquency shall be served by
2 ordinary mail addressed to the obligor at his or her last
3 known address.
4 (4) The obligor may execute a written waiver of the
5 provisions of paragraphs (1) through (3) of this subsection
6 and request immediate service upon the payor.
7 (D) Procedures to Avoid Income Withholding.
8 (1) Except as provided in subsection (F), the obligor
9 may prevent an order for withholding from being served by
10 filing a petition to stay service with the Clerk of the
11 Circuit Court, within 20 days after service of the notice of
12 delinquency; however, the grounds for the petition to stay
13 service shall be limited to:
14 (a) A dispute concerning the amount of current
15 support or the existence or amount of the delinquency;
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, as appropriate, of the time
19 and place of the hearing on the petition to stay service. The
20 court shall hold such hearing pursuant to the provisions of
21 subsection (H).
22 (2) Except as provided in subsection (F), filing of a
23 petition to stay service, within the 20-day period required
24 under this subsection, shall prohibit the obligee or public
25 office from serving the order for withholding on any payor of
26 the obligor.
27 (E) Initial Service of Order for Withholding.
28 (1) Except as provided in subsection (F), in order to
29 serve an order for withholding upon a payor, an obligee or
30 public office shall follow the procedures set forth in this
31 subsection. After 20 days following service of the notice of
32 delinquency, the obligee or public office shall file with the
33 Clerk of the Circuit Court an affidavit, with the copy of the
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1 notice of delinquency attached thereto, stating:
2 (a) that the notice of delinquency has been duly
3 served and the date on which service was effected; and
4 (b) that the obligor has not filed a petition to
5 stay service, or in the alternative
6 (c) that the obligor has waived the provisions of
7 subparagraphs (a) and (b) of this paragraph (1) in
8 accordance with subsection (C)(4).
9 (2) Upon request of the obligee or public office, the
10 Clerk of the Circuit Court shall: (a) make available any
11 record of payment; and (b) determine that the file contains a
12 copy of the affidavit described in paragraph (1). The Clerk
13 shall then provide to the obligee or public office a
14 specially certified copy of the order for withholding and the
15 notice of delinquency indicating that the preconditions for
16 service have been met.
17 (3) The obligee or public office may then serve the
18 notice of delinquency and order for withholding on the payor,
19 its superintendent, manager or other agent, by regular or
20 certified mail or facsimile personal delivery. A proof of
21 service shall be filed with the Clerk of the Circuit Court.
22 (F) Subsequent Service of Order for Withholding.
23 (1) Notwithstanding the provisions of this Section, at
24 any time after the court has ordered immediate service of an
25 order for withholding or after initial service of an order
26 for withholding pursuant to subsection (E), the obligee or
27 public office may serve the order for withholding upon any
28 payor of the obligor without further notice to the obligor.
29 The obligee or public office shall provide notice to the
30 payor, pursuant to paragraph (6) of subsection (I), of any
31 payments that have been made through previous withholding or
32 any other method.
33 (2) The Clerk of the Circuit Court shall, upon request,
34 provide the obligee or public office with specially certified
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1 copies of the order for withholding or the notice of
2 delinquency or both whenever the Court has ordered immediate
3 service of an order for withholding or an affidavit has been
4 placed in the court file indicating that the preconditions
5 for service have been previously met. The obligee or public
6 office may then serve the order for withholding on the payor,
7 its superintendent, manager or other agent by regular or
8 certified mail or facsimile personal delivery. A proof of
9 service shall be filed with the Clerk of the Circuit Court.
10 (3) If a delinquency has accrued for any reason, the
11 obligee or public office may serve a notice of delinquency
12 upon the obligor pursuant to subsection (C). The obligor may
13 prevent the notice of delinquency from being served upon the
14 payor by utilizing the procedures set forth in subsection
15 (D).
16 If no petition to stay service has been filed within the
17 required 20 day time period, the obligee or public office may
18 serve the notice of delinquency on the payor by utilizing the
19 procedures for service set forth in subsection (E).
20 (4) New service of an order for withholding is not
21 required in order to resume withholding of income in the case
22 of an obligor with respect to whom an order for withholding
23 was previously served on the payor if withholding of income
24 was terminated because of an interruption in the obligor's
25 employment of less than 180 days.
26 (G) Duties of Payor.
27 (1) It shall be the duty of any payor who has been
28 served with a copy of the specially certified order for
29 withholding and any notice of delinquency to deduct and pay
30 over income as provided in this subsection. The payor shall
31 deduct the amount designated in the order for withholding, as
32 supplemented by the notice of delinquency and any notice
33 provided pursuant to paragraph (6) of subsection (I),
34 beginning no later than the next payment of income which is
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1 payable to the obligor that occurs 14 days following the date
2 the order and any notice were mailed by certified mail or
3 placed for personal delivery. The payor may combine all
4 amounts withheld for the benefit of an obligee or public
5 office into a single payment and transmit the payment with a
6 listing of obligors from whom withholding has been effected.
7 The payor shall pay the amount withheld to the obligee or
8 public office within 10 calendar days of the date income is
9 paid to the obligor in accordance with the order for
10 withholding and any subsequent notification received from the
11 public office redirecting payments. If the payor knowingly
12 fails to pay any amount withheld to the obligee or public
13 office within 10 calendar days of the date income is paid to
14 the obligor, the payor shall pay a penalty of $100 for each
15 day that the withheld amount is not paid to the obligee or
16 public office after the period of 10 calendar days has
17 expired. The failure of a payor, on more than one occasion,
18 to pay amounts withheld to the obligee or public office
19 within 10 calendar days of the date income is paid to the
20 obligor creates a presumption that the payor knowingly failed
21 to pay the amounts. This penalty may be collected in a civil
22 action which may be brought against the payor in favor of the
23 obligee. A finding of a payor's nonperformance within the
24 time required under this Section must be documented by a
25 certified mail return receipt showing the date the order for
26 withholding was served on the payor. For purposes of this
27 Section, a withheld amount shall be considered paid by a
28 payor on the date it is mailed by the payor, or on the date
29 an electronic funds transfer of the amount has been initiated
30 by the payor, or on the date delivery of the amount has been
31 initiated by the payor. For each deduction, the payor shall
32 provide the obligee or public office, at the time of
33 transmittal, with the date income was paid from which support
34 was withheld.
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1 Upon receipt of an order requiring that a minor child be
2 named as a beneficiary of a health insurance plan available
3 through an employer or labor union or trade union, the
4 employer or labor union or trade union shall immediately
5 enroll the minor child as a beneficiary in the health
6 insurance plan designated by the court order. The employer
7 shall withhold any required premiums and pay over any amounts
8 so withheld and any additional amounts the employer pays to
9 the insurance carrier in a timely manner. The employer or
10 labor union or trade union shall mail to the obligee, within
11 15 days of enrollment or upon request, notice of the date of
12 coverage, information on the dependent coverage plan, and all
13 forms necessary to obtain reimbursement for covered health
14 expenses, such as would be made available to a new employee.
15 When an order for dependent coverage is in effect and the
16 insurance coverage is terminated or changed for any reason,
17 the employer or labor union or trade union shall notify the
18 obligee within 10 days of the termination or change date
19 along with notice of 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 order
26 for withholding 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
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1 served with more than one order for withholding 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 non-AFDC matters and
8 then to past due support payments ordered in AFDC matters,
9 both on a proportionate share basis. Payment as required by
10 the order for withholding shall be a complete defense by the
11 payor against any claims of the obligor or his creditors as
12 to the sum so paid.
13 (4) No payor shall discharge, discipline, refuse to hire
14 or otherwise penalize any obligor because of the duty to
15 withhold income.
16 (H) Petitions to Stay Service or to Modify, Suspend or
17 Terminate Orders for Withholding.
18 (1) When an obligor files a petition to stay service,
19 the court, after due notice to all parties, shall hear the
20 matter as soon as practicable and shall enter an order
21 granting or denying relief, amending the notice of
22 delinquency, amending the order for withholding, where
23 applicable, or otherwise resolving the matter. If the court
24 finds that a delinquency existed when the notice of
25 delinquency was served upon the obligor, in an amount of at
26 least one month's support obligation, or that the obligor was
27 at least 30 days late in paying all or part of the order for
28 support, the court shall order immediate service of the order
29 for withholding. Where the court cannot promptly resolve any
30 dispute over the amount of the delinquency, the court may
31 order immediate service of the order for withholding as to
32 any undisputed amounts specified in an amended notice of
33 delinquency, and may continue the hearing on the disputed
34 amounts.
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1 (2) At any time, an obligor, obligee, public office or
2 Clerk of the Circuit Court may petition the court to:
3 (a) Modify, suspend or terminate the order for
4 withholding because of a modification, suspension or
5 termination of the underlying order for support; or
6 (b) Modify the amount of income to be withheld to
7 reflect payment in full or in part of the delinquency or
8 arrearage by income withholding or otherwise; or
9 (c) Suspend the order for withholding because of
10 inability to deliver income withheld to the obligee due
11 to the obligee's failure to provide a mailing address or
12 other means of delivery.
13 (3) The obligor, obligee or public office shall serve on
14 the payor, by certified mail or personal delivery, a copy of
15 any order entered pursuant to this subsection that affects
16 the duties of the payor.
17 (4) At any time, a public office or Clerk of the Circuit
18 Court may serve a notice on the payor to:
19 (a) cease withholding of income for payment of
20 current support for a child when the support obligation
21 for that child has automatically ceased under the order
22 for support through emancipation or otherwise; or
23 (b) cease withholding of income for payment of
24 delinquency or arrearage when the delinquency or
25 arrearage has been paid in full.
26 (5) The notice provided for under paragraph (4) of this
27 subsection shall be served on the payor by ordinary mail, and
28 a copy shall be provided to the obligor and the obligee. A
29 copy of the notice shall be filed with the Clerk of the
30 Circuit Court.
31 (6) The order for withholding shall continue to be
32 binding upon the payor until service of any order of the
33 court or notice entered or provided for under this
34 subsection.
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1 (I) Additional Duties.
2 (1) An obligee who is receiving income withholding
3 payments under this Section shall notify the payor, if the
4 obligee receives the payments directly from the payor, or the
5 public office or the Clerk of the Circuit Court, as
6 appropriate, of any change of address within 7 days of such
7 change.
8 (2) An obligee who is a recipient of public aid shall
9 send a copy of any notice of delinquency filed pursuant to
10 subsection (C) to the Bureau of Child Support of the Illinois
11 Department of Public Aid.
12 (3) Each obligor shall notify the obligee and the Clerk
13 of the Circuit Court of any change of address within 7 days.
14 (4) An obligor whose income is being withheld or who has
15 been served with a notice of delinquency pursuant to this
16 Section shall notify the obligee and the Clerk of the Circuit
17 Court of any new payor, within 7 days.
18 (5) When the Illinois Department of Public Aid is no
19 longer authorized to receive payments for the obligee, it
20 shall, within 7 days, notify the payor or, where appropriate,
21 the Clerk of the Circuit Court, to redirect income
22 withholding payments to the obligee.
23 (6) The obligee or public office shall provide notice to
24 the payor and Clerk of the Circuit Court of any other support
25 payment made, including but not limited to, a set-off under
26 federal and State law or partial payment of the delinquency
27 or arrearage, or both.
28 (7) Any public office and Clerk of the Circuit Court
29 which collects, disburses or receives payments pursuant to
30 orders for withholding shall maintain complete, accurate, and
31 clear records of all payments and their disbursements.
32 Certified copies of payment records maintained by a public
33 office or Clerk of the Circuit Court shall, without further
34 proof, be admitted into evidence in any legal proceedings
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1 under this Section.
2 (8) The Illinois Department of Public Aid shall design
3 suggested legal forms for proceeding under this Section and
4 shall make available to the courts such forms and
5 informational materials which describe the procedures and
6 remedies set forth herein for distribution to all parties in
7 support actions.
8 (9) At the time of transmitting each support payment,
9 the clerk of the circuit court shall provide the obligee or
10 public office, as appropriate, with any information furnished
11 by the payor as to the date income was paid from which such
12 support was withheld.
13 (J) Penalties.
14 (1) Where a payor wilfully fails to withhold or pay over
15 income pursuant to a properly served, specially certified
16 order for withholding and any notice of delinquency, or
17 wilfully discharges, disciplines, refuses to hire or
18 otherwise penalizes an obligor as prohibited by subsection
19 (G), or otherwise fails to comply with any duties imposed by
20 this Section, the obligee, public office or obligor, as
21 appropriate, may file a complaint with the court against the
22 payor. The clerk of the circuit court shall notify the
23 obligee or public office, as appropriate, and the obligor and
24 payor of the time and place of the hearing on the complaint.
25 The court shall resolve any factual dispute including, but
26 not limited to, a denial that the payor is paying or has paid
27 income to the obligor. Upon a finding in favor of the
28 complaining party, the court:
29 (a) Shall enter judgment and direct the enforcement
30 thereof for the total amount that the payor wilfully
31 failed to withhold or pay over; and
32 (b) May order employment or reinstatement of or
33 restitution to the obligor, or both, where the obligor
34 has been discharged, disciplined, denied employment or
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1 otherwise penalized by the payor and may impose a fine
2 upon the payor not to exceed $200.
3 (2) Any obligee, public office or obligor who wilfully
4 initiates a false proceeding under this Section or who
5 wilfully fails to comply with the requirements of this
6 Section shall be punished as in cases of contempt of court.
7 (K) Alternative Procedures for Entry and Service of an Order
8 for Withholding.
9 (1) Effective January 1, 1987, in any matter in which an
10 order for withholding has not been entered for any reason,
11 based upon the last order for support that has been entered,
12 and in which the obligor has become delinquent in payment of
13 an amount equal to at least one month's support obligation
14 pursuant to the last order for support or is at least 30 days
15 late in complying with all or part of the order for support,
16 the obligee or public office may prepare and serve an order
17 for withholding pursuant to the procedures set forth in this
18 subsection.
19 (2) The obligee or public office shall:
20 (a) Prepare a proposed order for withholding for
21 immediate service as provided by paragraphs (1) and (3)
22 of subsection (B), except that the minimum 20%
23 delinquency payment shall be used;
24 (b) Prepare a notice of delinquency as provided by
25 paragraphs (1) and (2) of subsection (C), except the
26 notice shall state further that the order for withholding
27 has not been entered by the court and the conditions
28 under which the order will be entered; and
29 (c) Serve the notice of delinquency and form
30 petition to stay service as provided by paragraph (3) of
31 subsection (C), together with the proposed order for
32 withholding, which shall be marked "COPY ONLY".
33 (3) After 20 days following service of the notice of
34 delinquency and proposed order for withholding, in lieu of
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1 the provisions of subsection (E), the obligee or public
2 office shall file with the Clerk of the Circuit Court an
3 affidavit, with a copy of the notice of delinquency and
4 proposed order for withholding attached thereto, stating
5 that:
6 (a) The notice of delinquency and proposed order
7 for withholding have been served upon the obligor and the
8 date on which service was effected;
9 (b) The obligor has not filed a petition to stay
10 service within 20 days of service of such notice and
11 order; and
12 (c) The proposed order for withholding accurately
13 states the terms and amounts contained in the last order
14 for support.
15 (4) Upon the court's satisfaction that the procedures
16 set forth in this subsection have been met, it shall enter
17 the order for withholding.
18 (5) The Clerk shall then provide to the obligee or
19 public office a specially certified copy of the order for
20 withholding and the notice of delinquency indicating that the
21 preconditions for service have been met.
22 (6) The obligee or public office shall serve the
23 specially certified copies of the order for withholding and
24 the notice of delinquency on the payor, its superintendent,
25 manager or other agent by certified mail or personal
26 delivery. A proof of service shall be filed with the Clerk
27 of the Circuit Court.
28 (7) If the obligor requests in writing that income
29 withholding become effective prior to becoming delinquent in
30 payment of an amount equal to one month's support obligation
31 pursuant to the last order for support, or prior to becoming
32 30 days late in paying all or part of the order for support,
33 the obligee or public office shall file an affidavit with the
34 Clerk of the circuit Court, with a proposed order for
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1 withholding attached, stating that the proposed order
2 accurately states the terms and amounts contained in the last
3 order for support and the obligor's request for immediate
4 service. The provisions of paragraphs (4) through (6) of
5 this subsection shall apply, except that a notice of
6 delinquency shall not be required.
7 (8) All other provisions of this Section shall be
8 applicable with respect to the provisions of this subsection
9 (K), except that under paragraph (1) of subsection (H), the
10 court may also amend the proposed order for withholding to
11 conform to the last order for support.
12 (9) Nothing in this subsection shall be construed as
13 limiting the requirements of paragraph (1) of subsection (B)
14 with respect to the entry of a separate order for withholding
15 upon entry of any order for support.
16 (L) Remedies in Addition to Other Laws.
17 (1) The rights, remedies, duties and penalties created
18 by this Section are in addition to and not in substitution
19 for any other rights, remedies, duties and penalties created
20 by any other law.
21 (2) Nothing in this Section shall be construed as
22 invalidating any assignment of wages or benefits executed
23 prior to January 1, 1984.
24 (Source: P.A. 87-529; 87-935; 87-988; 87-1105; 88-26; 88-45;
25 88-94; 88-131; 88-307; 88-670, eff. 12-2-94.)
26 (Text of Section after amendment by P.A. 89-507)
27 Sec. 4.1. Withholding of Income to Secure Payment of
28 Support.
29 (A) Definitions.
30 (1) "Order for support" means any order of the court
31 which provides for periodic payment of funds for the support
32 of a child or maintenance of a spouse, whether temporary or
33 final, and includes any such order which provides for:
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1 (a) Modification or resumption of, or payment of
2 arrearage accrued under, a previously existing order;
3 (b) Reimbursement of support; or
4 (c) Enrollment in a health insurance plan that is
5 available to the obligor through an employer or labor
6 union or trade union.
7 (2) "Arrearage" means the total amount of unpaid support
8 obligations.
9 (3) "Delinquency" means any payment under an order for
10 support which becomes due and remains unpaid after an order
11 for withholding has been entered under subsection (B) or, for
12 purposes of subsection (K), after the last order for support
13 was entered for which no order for withholding was entered.
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 and
18 retirement benefits, lottery prize awards, insurance
19 proceeds, vacation pay, bonuses, profit-sharing payments and
20 any other payments, made by any person, private entity,
21 federal or state government, any unit of local government,
22 school district or any entity created by Public Act; however,
23 "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
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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 an Order for Withholding.
23 (1) Upon entry of any order for support on or after
24 January 1, 1984, the court shall enter a separate order for
25 withholding which shall not take effect unless the obligor
26 becomes delinquent in paying the order for support or the
27 obligor requests an earlier effective date; except that the
28 court may require the order for withholding to take effect
29 immediately.
30 On or after January 1, 1989, the court shall require the
31 order for withholding to take effect immediately, unless a
32 written agreement is reached between and signed by both
33 parties providing for an alternative arrangement, approved
34 and entered into the record by the court, which insures
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1 payment of support. In that case, the court shall enter the
2 order for withholding which will not take effect unless the
3 obligor becomes delinquent in paying the order for support.
4 Upon entry of any order of support on or after September
5 11, 1989, if the obligor is not a United States citizen, the
6 obligor shall provide to the court the obligor's alien
7 registration number, passport number, and home country's
8 social security or national health number, if applicable; the
9 court shall make the information part of the record in the
10 case.
11 (2) An order for withholding shall be entered upon
12 petition by the obligee or public office where an order for
13 withholding has not been previously entered.
14 (3) The order for withholding shall:
15 (a) Direct any payor to withhold a dollar amount
16 equal to the order for support; and
17 (b) Direct any payor to withhold an additional
18 dollar amount, not less than 20% of the order for
19 support, until payment in full of any delinquency stated
20 in the notice of delinquency provided for in subsection
21 (C) or (F) of this Section; and
22 (c) Direct any payor or labor union or trade union
23 to enroll a child as a beneficiary of a health insurance
24 plan and withhold or cause to be withheld, if applicable,
25 any required premiums; and
26 (d) State the rights, remedies and duties of the
27 obligor under this Section; and
28 (e) Include the obligor's Social Security Number,
29 which the obligor shall disclose to the court; and
30 (f) Include the date that withholding for current
31 support terminates, which shall be the date of
32 termination of the current support obligation set forth
33 in the order for support.
34 (4) At the time the order for withholding is entered,
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1 the Clerk of the Circuit Court shall provide a copy of the
2 order for withholding and the order for support to the
3 obligor and shall make copies available to the obligee and
4 public office. Any copy of the order for withholding
5 furnished to the parties under this subsection shall be
6 stamped "Not Valid".
7 (5) The order for withholding shall remain in effect for
8 as long as the order for support upon which it is based.
9 (6) The failure of an order for withholding to state an
10 arrearage is not conclusive of the issue of whether an
11 arrearage is owing.
12 (7) Notwithstanding the provisions of this subsection,
13 if the court finds at the time of any hearing that an
14 arrearage has accrued in an amount equal to at least one
15 month's support obligation or that the obligor is 30 days
16 late in paying all or part of the order for support, the
17 court shall order immediate service of the order for
18 withholding upon the payor.
19 (8) Where the court has not required that the order for
20 withholding take effect immediately, the obligee or public
21 office may prepare and serve a notice for immediate
22 withholding upon the obligor by ordinary mail addressed to
23 the obligor at his or her last known address. The notice
24 shall state that the following circumstances have occurred:
25 (a) The parties' written agreement providing an
26 alternative arrangement to immediate withholding under
27 paragraph (1) of this subsection no longer provides for
28 timely payment of all support due; or
29 (b) The obligor has not made timely payments in
30 that the obligor has been at least 7 days late in paying
31 all or part of the order for support any of the last 6
32 consecutive dates payments were due prior to the date of
33 the notice for immediate withholding.
34 The notice for immediate withholding shall clearly state
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1 that a specially certified copy of the order for withholding
2 will be sent to the payor, unless the obligor files a
3 petition contesting immediate withholding within 20 days
4 after service of the notice; however, the grounds for the
5 petition shall be limited to a dispute concerning whether the
6 circumstances stated in the notice have occurred or the
7 identity of the obligor. It shall not be grounds for the
8 petition that the obligor has made all payments due by the
9 date of the petition.
10 If the obligor files a petition contesting immediate
11 withholding within the 20-day period required under this
12 paragraph, the Clerk of the Circuit Court shall notify the
13 obligor and the obligee or public office, as appropriate, of
14 the time and place of the hearing on the petition. Upon
15 hearing the petition, the court shall enter an order granting
16 or denying relief. It shall not be grounds for granting the
17 obligor's petition that he or she has made all payments due
18 by the date of hearing. If the court denies the obligor's
19 petition, it shall order immediate service of the order for
20 withholding, and direct the clerk to provide a specially
21 certified copy of the order for withholding to the obligee or
22 public office indicating that the requirements for immediate
23 withholding under this paragraph have been met.
24 If the obligor does not file a petition contesting
25 immediate withholding within the 20-day period, the obligee
26 or public office shall file with the Clerk of the Circuit
27 Court an affidavit, with a copy of the notice for immediate
28 withholding attached thereto, stating that the notice was
29 duly served and the date on which service was effected, and
30 that the obligor has not filed a petition contesting
31 immediate withholding. The clerk shall then provide to the
32 obligee or public office a specially certified copy of the
33 order for withholding indicating that the requirements for
34 immediate withholding under this paragraph have been met.
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1 Upon receipt of a specially certified copy of the order
2 for withholding, the obligee or public office may serve the
3 order on the payor, its superintendent, manager or other
4 agent, by certified mail or personal delivery. A proof of
5 service shall be filed with the Clerk of the Circuit Court.
6 (C) Notice of Delinquency.
7 (1) Whenever an obligor becomes delinquent in payment of
8 an amount equal to at least one month's support obligation
9 pursuant to the order for support or is at least 30 days late
10 in complying with all or part of the order for support,
11 whichever occurs first, the obligee or public office may
12 prepare and serve a verified notice of delinquency, together
13 with a form petition to stay service, pursuant to paragraph
14 (3) of this subsection.
15 (2) The notice of delinquency shall recite the terms of
16 the order for support and contain a computation of the period
17 and total amount of the delinquency, as of the date of the
18 notice. The notice shall clearly state that it will be sent
19 to the payor, together with a specially certified copy of the
20 order for withholding, except as provided in subsection (F),
21 unless the obligor files a petition to stay service in
22 accordance with paragraph (1) of subsection (D).
23 (3) The notice of delinquency shall be served by
24 ordinary mail addressed to the obligor at his or her last
25 known address.
26 (4) The obligor may execute a written waiver of the
27 provisions of paragraphs (1) through (3) of this subsection
28 and request immediate service upon the payor.
29 (D) Procedures to Avoid Income Withholding.
30 (1) Except as provided in subsection (F), the obligor
31 may prevent an order for withholding from being served by
32 filing a petition to stay service with the Clerk of the
33 Circuit Court, within 20 days after service of the notice of
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1 delinquency; however, the grounds for the petition to stay
2 service shall be limited to:
3 (a) A dispute concerning the amount of current
4 support or the existence or amount of the delinquency;
5 (b) The identity of the obligor.
6 The Clerk of the Circuit Court shall notify the obligor
7 and the obligee or public office, as appropriate, of the time
8 and place of the hearing on the petition to stay service. The
9 court shall hold such hearing pursuant to the provisions of
10 subsection (H).
11 (2) Except as provided in subsection (F), filing of a
12 petition to stay service, within the 20-day period required
13 under this subsection, shall prohibit the obligee or public
14 office from serving the order for withholding on any payor of
15 the obligor.
16 (E) Initial Service of Order for Withholding.
17 (1) Except as provided in subsection (F), in order to
18 serve an order for withholding upon a payor, an obligee or
19 public office shall follow the procedures set forth in this
20 subsection. After 20 days following service of the notice of
21 delinquency, the obligee or public office shall file with the
22 Clerk of the Circuit Court an affidavit, with the copy of the
23 notice of delinquency attached thereto, stating:
24 (a) that the notice of delinquency has been duly
25 served and the date on which service was effected; and
26 (b) that the obligor has not filed a petition to
27 stay service, or in the alternative
28 (c) that the obligor has waived the provisions of
29 subparagraphs (a) and (b) of this paragraph (1) in
30 accordance with subsection (C)(4).
31 (2) Upon request of the obligee or public office, the
32 Clerk of the Circuit Court shall: (a) make available any
33 record of payment; and (b) determine that the file contains a
34 copy of the affidavit described in paragraph (1). The Clerk
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1 shall then provide to the obligee or public office a
2 specially certified copy of the order for withholding and the
3 notice of delinquency indicating that the preconditions for
4 service have been met.
5 (3) The obligee or public office may then serve the
6 notice of delinquency and order for withholding on the payor,
7 its superintendent, manager or other agent, by regular or
8 certified mail or facsimile personal delivery. A proof of
9 service shall be filed with the Clerk of the Circuit Court.
10 (F) Subsequent Service of Order for Withholding.
11 (1) Notwithstanding the provisions of this Section, at
12 any time after the court has ordered immediate service of an
13 order for withholding or after initial service of an order
14 for withholding pursuant to subsection (E), the obligee or
15 public office may serve the order for withholding upon any
16 payor of the obligor without further notice to the obligor.
17 The obligee or public office shall provide notice to the
18 payor, pursuant to paragraph (6) of subsection (I), of any
19 payments that have been made through previous withholding or
20 any other method.
21 (2) The Clerk of the Circuit Court shall, upon request,
22 provide the obligee or public office with specially certified
23 copies of the order for withholding or the notice of
24 delinquency or both whenever the Court has ordered immediate
25 service of an order for withholding or an affidavit has been
26 placed in the court file indicating that the preconditions
27 for service have been previously met. The obligee or public
28 office may then serve the order for withholding on the payor,
29 its superintendent, manager or other agent by regular or
30 certified mail or facsimile personal delivery. A proof of
31 service shall be filed with the Clerk of the Circuit Court.
32 (3) If a delinquency has accrued for any reason, the
33 obligee or public office may serve a notice of delinquency
34 upon the obligor pursuant to subsection (C). The obligor may
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1 prevent the notice of delinquency from being served upon the
2 payor by utilizing the procedures set forth in subsection
3 (D).
4 If no petition to stay service has been filed within the
5 required 20 day time period, the obligee or public office may
6 serve the notice of delinquency on the payor by utilizing the
7 procedures for service set forth in subsection (E).
8 (4) New service of an order for withholding is not
9 required in order to resume withholding of income in the case
10 of an obligor with respect to whom an order for withholding
11 was previously served on the payor if withholding of income
12 was terminated because of an interruption in the obligor's
13 employment of less than 180 days.
14 (G) Duties of Payor.
15 (1) It shall be the duty of any payor who has been
16 served with a copy of the specially certified order for
17 withholding and any notice of delinquency to deduct and pay
18 over income as provided in this subsection. The payor shall
19 deduct the amount designated in the order for withholding, as
20 supplemented by the notice of delinquency and any notice
21 provided pursuant to paragraph (6) of subsection (I),
22 beginning no later than the next payment of income which is
23 payable to the obligor that occurs 14 days following the date
24 the order and any notice were mailed by certified mail or
25 placed for personal delivery. The payor may combine all
26 amounts withheld for the benefit of an obligee or public
27 office into a single payment and transmit the payment with a
28 listing of obligors from whom withholding has been effected.
29 The payor shall pay the amount withheld to the obligee or
30 public office within 10 calendar days of the date income is
31 paid to the obligor in accordance with the order for
32 withholding and any subsequent notification received from the
33 public office redirecting payments. If the payor knowingly
34 fails to pay any amount withheld to the obligee or public
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1 office within 10 calendar days of the date income is paid to
2 the obligor, the payor shall pay a penalty of $100 for each
3 day that the withheld amount is not paid to the obligee or
4 public office after the period of 10 calendar days has
5 expired. The failure of a payor, on more than one occasion,
6 to pay amounts withheld to the obligee or public office
7 within 10 calendar days of the date income is paid to the
8 obligor creates a presumption that the payor knowingly failed
9 to pay the amounts. This penalty may be collected in a civil
10 action which may be brought against the payor in favor of the
11 obligee. A finding of a payor's nonperformance within the
12 time required under this Section must be documented by a
13 certified mail return receipt showing the date the order for
14 withholding was served on the payor. For purposes of this
15 Section, a withheld amount shall be considered paid by a
16 payor on the date it is mailed by the payor, or on the date
17 an electronic funds transfer of the amount has been initiated
18 by the payor, or on the date delivery of the amount has been
19 initiated by the payor. For each deduction, the payor shall
20 provide the obligee or public office, at the time of
21 transmittal, with the date income was paid from which support
22 was withheld.
23 Upon receipt of an order requiring that a minor child be
24 named as a beneficiary of a health insurance plan available
25 through an employer or labor union or trade union, the
26 employer or labor union or trade union shall immediately
27 enroll the minor child as a beneficiary in the health
28 insurance plan designated by the court order. The employer
29 shall withhold any required premiums and pay over any amounts
30 so withheld and any additional amounts the employer pays to
31 the insurance carrier in a timely manner. The employer or
32 labor union or trade union shall mail to the obligee, within
33 15 days of enrollment or upon request, notice of the date of
34 coverage, information on the dependent coverage plan, and all
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1 forms necessary to obtain reimbursement for covered health
2 expenses, such as would be made available to a new employee.
3 When an order for dependent coverage is in effect and the
4 insurance coverage is terminated or changed for any reason,
5 the employer or labor union or trade union shall notify the
6 obligee within 10 days of the termination or change date
7 along with notice of conversion privileges.
8 For withholding of income, the payor shall be entitled to
9 receive a fee not to exceed $5 per month or the actual check
10 processing cost to be taken from the income to be paid to the
11 obligor.
12 (2) Whenever the obligor is no longer receiving income
13 from the payor, the payor shall return a copy of the order
14 for withholding to the obligee or public office and shall
15 provide information for the purpose of enforcing this
16 Section.
17 (3) Withholding of income under this Section shall be
18 made without regard to any prior or subsequent garnishments,
19 attachments, wage assignments, or any other claims of
20 creditors. Withholding of income under this Section shall
21 not be in excess of the maximum amounts permitted under the
22 federal Consumer Credit Protection Act. If the payor has been
23 served with more than one order for withholding pertaining to
24 the same obligor, the payor shall allocate income available
25 for withholding on a proportionate share basis, giving
26 priority to current support payments. If there is any income
27 available for withholding after withholding for all current
28 support obligations, the payor shall allocate the income to
29 past due support payments ordered in non-AFDC matters and
30 then to past due support payments ordered in AFDC matters,
31 both on a proportionate share basis. Payment as required by
32 the order for withholding shall be a complete defense by the
33 payor against any claims of the obligor or his creditors as
34 to the sum so paid.
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1 (4) No payor shall discharge, discipline, refuse to hire
2 or otherwise penalize any obligor because of the duty to
3 withhold income.
4 (H) Petitions to Stay Service or to Modify, Suspend or
5 Terminate Orders for Withholding.
6 (1) When an obligor files a petition to stay service,
7 the court, after due notice to all parties, shall hear the
8 matter as soon as practicable and shall enter an order
9 granting or denying relief, amending the notice of
10 delinquency, amending the order for withholding, where
11 applicable, or otherwise resolving the matter. If the court
12 finds that a delinquency existed when the notice of
13 delinquency was served upon the obligor, in an amount of at
14 least one month's support obligation, or that the obligor was
15 at least 30 days late in paying all or part of the order for
16 support, the court shall order immediate service of the order
17 for withholding. Where the court cannot promptly resolve any
18 dispute over the amount of the delinquency, the court may
19 order immediate service of the order for withholding as to
20 any undisputed amounts specified in an amended notice of
21 delinquency, and may continue the hearing on the disputed
22 amounts.
23 (2) At any time, an obligor, obligee, public office or
24 Clerk of the Circuit Court may petition the court to:
25 (a) Modify, suspend or terminate the order for
26 withholding because of a modification, suspension or
27 termination of the underlying order for support; or
28 (b) Modify the amount of income to be withheld to
29 reflect payment in full or in part of the delinquency or
30 arrearage by income withholding or otherwise; or
31 (c) Suspend the order for withholding because of
32 inability to deliver income withheld to the obligee due
33 to the obligee's failure to provide a mailing address or
34 other means of delivery.
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1 (3) The obligor, obligee or public office shall serve on
2 the payor, by certified mail or personal delivery, a copy of
3 any order entered pursuant to this subsection that affects
4 the duties of the payor.
5 (4) At any time, a public office or Clerk of the Circuit
6 Court may serve a notice on the payor to:
7 (a) cease withholding of income for payment of
8 current support for a child when the support obligation
9 for that child has automatically ceased under the order
10 for support through emancipation or otherwise; or
11 (b) cease withholding of income for payment of
12 delinquency or arrearage when the delinquency or
13 arrearage has been paid in full.
14 (5) The notice provided for under paragraph (4) of this
15 subsection shall be served on the payor by ordinary mail, and
16 a copy shall be provided to the obligor and the obligee. A
17 copy of the notice shall be filed with the Clerk of the
18 Circuit Court.
19 (6) The order for withholding shall continue to be
20 binding upon the payor until service of any order of the
21 court or notice entered or provided for under this
22 subsection.
23 (I) Additional Duties.
24 (1) An obligee who is receiving income withholding
25 payments under this Section shall notify the payor, if the
26 obligee receives the payments directly from the payor, or the
27 public office or the Clerk of the Circuit Court, as
28 appropriate, of any change of address within 7 days of such
29 change.
30 (2) An obligee who is a recipient of public aid shall
31 send a copy of any notice of delinquency filed pursuant to
32 subsection (C) to the Bureau of Child Support of the Illinois
33 Department of Public Aid.
34 (3) Each obligor shall notify the obligee and the Clerk
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1 of the Circuit Court of any change of address within 7 days.
2 (4) An obligor whose income is being withheld or who has
3 been served with a notice of delinquency pursuant to this
4 Section shall notify the obligee and the Clerk of the Circuit
5 Court of any new payor, within 7 days.
6 (5) When the Illinois Department of Public Aid is no
7 longer authorized to receive payments for the obligee, it
8 shall, within 7 days, notify the payor or, where appropriate,
9 the Clerk of the Circuit Court, to redirect income
10 withholding payments to the obligee.
11 (6) The obligee or public office shall provide notice to
12 the payor and Clerk of the Circuit Court of any other support
13 payment made, including but not limited to, a set-off under
14 federal and State law or partial payment of the delinquency
15 or arrearage, or both.
16 (7) Any public office and Clerk of the Circuit Court
17 which collects, disburses or receives payments pursuant to
18 orders for withholding shall maintain complete, accurate, and
19 clear records of all payments and their disbursements.
20 Certified copies of payment records maintained by a public
21 office or Clerk of the Circuit Court shall, without further
22 proof, be admitted into evidence in any legal proceedings
23 under this Section.
24 (8) The Illinois Department of Public Aid shall design
25 suggested legal forms for proceeding under this Section and
26 shall make available to the courts such forms and
27 informational materials which describe the procedures and
28 remedies set forth herein for distribution to all parties in
29 support actions.
30 (9) At the time of transmitting each support payment,
31 the clerk of the circuit court shall provide the obligee or
32 public office, as appropriate, with any information furnished
33 by the payor as to the date income was paid from which such
34 support was withheld.
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1 (J) Penalties.
2 (1) Where a payor wilfully fails to withhold or pay over
3 income pursuant to a properly served, specially certified
4 order for withholding and any notice of delinquency, or
5 wilfully discharges, disciplines, refuses to hire or
6 otherwise penalizes an obligor as prohibited by subsection
7 (G), or otherwise fails to comply with any duties imposed by
8 this Section, the obligee, public office or obligor, as
9 appropriate, may file a complaint with the court against the
10 payor. The clerk of the circuit court shall notify the
11 obligee or public office, as appropriate, and the obligor and
12 payor of the time and place of the hearing on the complaint.
13 The court shall resolve any factual dispute including, but
14 not limited to, a denial that the payor is paying or has paid
15 income to the obligor. Upon a finding in favor of the
16 complaining party, the court:
17 (a) Shall enter judgment and direct the enforcement
18 thereof for the total amount that the payor wilfully
19 failed to withhold or pay over; and
20 (b) May order employment or reinstatement of or
21 restitution to the obligor, or both, where the obligor
22 has been discharged, disciplined, denied employment or
23 otherwise penalized by the payor and may impose a fine
24 upon the payor not to exceed $200.
25 (2) Any obligee, public office or obligor who wilfully
26 initiates a false proceeding under this Section or who
27 wilfully fails to comply with the requirements of this
28 Section shall be punished as in cases of contempt of court.
29 (K) Alternative Procedures for Entry and Service of an Order
30 for Withholding.
31 (1) Effective January 1, 1987, in any matter in which an
32 order for withholding has not been entered for any reason,
33 based upon the last order for support that has been entered,
34 and in which the obligor has become delinquent in payment of
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1 an amount equal to at least one month's support obligation
2 pursuant to the last order for support or is at least 30 days
3 late in complying with all or part of the order for support,
4 the obligee or public office may prepare and serve an order
5 for withholding pursuant to the procedures set forth in this
6 subsection.
7 (2) The obligee or public office shall:
8 (a) Prepare a proposed order for withholding for
9 immediate service as provided by paragraphs (1) and (3)
10 of subsection (B), except that the minimum 20%
11 delinquency payment shall be used;
12 (b) Prepare a notice of delinquency as provided by
13 paragraphs (1) and (2) of subsection (C), except the
14 notice shall state further that the order for withholding
15 has not been entered by the court and the conditions
16 under which the order will be entered; and
17 (c) Serve the notice of delinquency and form
18 petition to stay service as provided by paragraph (3) of
19 subsection (C), together with the proposed order for
20 withholding, which shall be marked "COPY ONLY".
21 (3) After 20 days following service of the notice of
22 delinquency and proposed order for withholding, in lieu of
23 the provisions of subsection (E), the obligee or public
24 office shall file with the Clerk of the Circuit Court an
25 affidavit, with a copy of the notice of delinquency and
26 proposed order for withholding attached thereto, stating
27 that:
28 (a) The notice of delinquency and proposed order
29 for withholding have been served upon the obligor and the
30 date on which service was effected;
31 (b) The obligor has not filed a petition to stay
32 service within 20 days of service of such notice and
33 order; and
34 (c) The proposed order for withholding accurately
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1 states the terms and amounts contained in the last order
2 for support.
3 (4) Upon the court's satisfaction that the procedures
4 set forth in this subsection have been met, it shall enter
5 the order for withholding.
6 (5) The Clerk shall then provide to the obligee or
7 public office a specially certified copy of the order for
8 withholding and the notice of delinquency indicating that the
9 preconditions for service have been met.
10 (6) The obligee or public office shall serve the
11 specially certified copies of the order for withholding and
12 the notice of delinquency on the payor, its superintendent,
13 manager or other agent by certified mail or personal
14 delivery. A proof of service shall be filed with the Clerk
15 of the Circuit Court.
16 (7) If the obligor requests in writing that income
17 withholding become effective prior to becoming delinquent in
18 payment of an amount equal to one month's support obligation
19 pursuant to the last order for support, or prior to becoming
20 30 days late in paying all or part of the order for support,
21 the obligee or public office shall file an affidavit with the
22 Clerk of the circuit Court, with a proposed order for
23 withholding attached, stating that the proposed order
24 accurately states the terms and amounts contained in the last
25 order for support and the obligor's request for immediate
26 service. The provisions of paragraphs (4) through (6) of
27 this subsection shall apply, except that a notice of
28 delinquency shall not be required.
29 (8) All other provisions of this Section shall be
30 applicable with respect to the provisions of this subsection
31 (K), except that under paragraph (1) of subsection (H), the
32 court may also amend the proposed order for withholding to
33 conform to the last order for support.
34 (9) Nothing in this subsection shall be construed as
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1 limiting the requirements of paragraph (1) of subsection (B)
2 with respect to the entry of a separate order for withholding
3 upon entry of any order for support.
4 (L) Remedies in Addition to Other Laws.
5 (1) The rights, remedies, duties and penalties created
6 by this Section are in addition to and not in substitution
7 for any other rights, remedies, duties and penalties created
8 by any other law.
9 (2) Nothing in this Section shall be construed as
10 invalidating any assignment of wages or benefits executed
11 prior to January 1, 1984.
12 (Source: P.A. 88-26; 88-45; 88-94; 88-131; 88-307; 88-670,
13 eff. 12-2-94; 89-507, eff. 7-1-97.)
14 Section 93. The Revised Uniform Reciprocal Enforcement
15 of Support Act is amended by changing Section 26.1 as
16 follows:
17 (750 ILCS 20/26.1) (from Ch. 40, par. 1226.1)
18 (Text of Section before amendment by P.A. 89-507)
19 Sec. 26.1. Withholding of Income to Secure Payment of
20 Support.
21 (A) Definitions.
22 (1) "Order for support" means any order of the court
23 which provides for periodic payment of funds for the support
24 of a child or maintenance of a spouse, whether temporary or
25 final, and includes any such order which provides for:
26 (a) modification or resumption of, or payment of
27 arrearage accrued under, a previously existing order;
28 (b) reimbursement of support; or
29 (c) enrollment in a health insurance plan that is
30 available to the obligor through an employer or labor
31 union or trade union.
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1 (2) "Arrearage" means the total amount of unpaid support
2 obligations.
3 (3) "Delinquency" means any payment under an order for
4 support which becomes due and remains unpaid after an order
5 for withholding has been entered under subsection (B) or, for
6 purposes of subsection (K), after the last order for support
7 was entered for which no order for withholding was entered.
8 (4) "Income" means any form of periodic payment to an
9 individual, regardless of source, including, but not limited
10 to: wages, salary, commission, compensation as an independent
11 contractor, workers' compensation, disability, annuity and
12 retirement benefits, lottery prize awards, insurance
13 proceeds, vacation pay, bonuses, profit-sharing payments and
14 any other payments, made by any person, private entity,
15 federal or state government, any unit of local government,
16 school district or any entity created by Public Act; however,
17 "income" excludes:
18 (a) any amounts required by law to be withheld,
19 other than creditor claims, including, but not limited
20 to, federal, State and local taxes, Social Security and
21 other retirement and disability contributions;
22 (b) union dues;
23 (c) any amounts exempted by the federal Consumer
24 Credit Protection Act;
25 (d) public assistance payments; and
26 (e) unemployment insurance benefits except as
27 provided by law.
28 Any other State or local laws which limit or exempt
29 income or the amount or percentage of income that can be
30 withheld shall not apply.
31 (5) "Obligor" means the individual who owes a duty to
32 make payments under an order for support.
33 (6) "Obligee" means the individual to whom a duty of
34 support is owed or the individual's legal representative.
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1 (7) "Payor" means any payor of income to an obligor.
2 (8) "Public office" means any elected official or any
3 State or local agency which is or may become responsible by
4 law for enforcement of, or which is or may become authorized
5 to enforce, an order for support, including, but not limited
6 to: the Attorney General, the Illinois Department of Public
7 Aid, the Illinois Department of Mental Health and
8 Developmental Disabilities, the Illinois Department of
9 Children and Family Services, and the various State's
10 Attorneys, Clerks of the Circuit Court and supervisors of
11 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 an Order for Withholding.
18 (1) Upon entry of any order for support on or after
19 January 1, 1984, the court shall enter a separate order for
20 withholding which shall not take effect unless the obligor
21 becomes delinquent in paying the order for support or the
22 obligor requests an earlier effective date; except that the
23 court may require the order for withholding to take effect
24 immediately.
25 On or after January 1, 1989, the court shall require the
26 order for withholding to take effect immediately, unless a
27 written agreement is reached between and signed by both
28 parties providing for an alternative arrangement, approved
29 and entered into the record by the court, which insures
30 payment of support. In that case, the court shall enter the
31 order for withholding which will not take effect unless the
32 obligor becomes delinquent in paying the order for support.
33 Upon entry of any order of support on or after September
34 11, 1989, if the obligor is not a United States citizen, the
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1 obligor shall provide to the court the obligor's alien
2 registration number, passport number, and home country's
3 social security or national health number, if applicable; the
4 court shall make the information part of the record in the
5 case.
6 (2) An order for withholding shall be entered upon
7 petition by the obligee or public office where an order for
8 withholding has not been previously entered.
9 (3) The order for withholding shall:
10 (a) direct any payor to withhold a dollar amount
11 equal to the order for support; and
12 (b) direct any payor to withhold an additional
13 dollar amount, not less than 20% of the order for
14 support, until payment in full of any delinquency stated
15 in the notice of delinquency provided for in subsection
16 (C) or (F) of this Section; and
17 (c) direct any payor or labor union or trade union
18 to enroll a child as a beneficiary of a health insurance
19 plan and withhold or cause to be withheld, if applicable,
20 any required premiums; and
21 (d) state the rights, remedies and duties of the
22 obligor under this Section; and
23 (e) include the obligor's Social Security Number,
24 which the obligor shall disclose to the court; and
25 (f) include the date that withholding for current
26 support terminates, which shall be the date of
27 termination of the current support obligation set forth
28 in the order for support.
29 (4) At the time the order for withholding is entered,
30 the Clerk of the Circuit Court shall provide a copy of the
31 order for withholding and the order for support to the
32 obligor and shall make copies available to the obligee and
33 public office. Any copy of the order for withholding
34 furnished to the parties under this subsection shall be
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1 stamped "Not Valid".
2 (5) The order for withholding shall remain in effect for
3 as long as the order for support upon which it is based.
4 (6) The failure of an order for withholding to state an
5 arrearage is not conclusive of the issue of whether an
6 arrearage is owing.
7 (7) Notwithstanding the provisions of this subsection,
8 if the court finds at the time of any hearing that an
9 arrearage has accrued in an amount equal to at least one
10 month's support obligation or that the obligor is 30 days
11 late in paying all or part of the order for support, the
12 court shall order immediate service of the order for
13 withholding upon the payor.
14 (8) Where the court has not required that the order for
15 withholding take effect immediately, the obligee or public
16 office may prepare and serve a notice for immediate
17 withholding upon the obligor by ordinary mail addressed to
18 the obligor at his or her last known address. The notice
19 shall state that the following circumstances have occurred:
20 (a) The parties' written agreement providing an
21 alternative arrangement to immediate withholding under
22 paragraph (1) of this subsection no longer provides for
23 timely payment of all support due; or
24 (b) The obligor has not made timely payments in
25 that the obligor has been at least 7 days late in paying
26 all or part of the order for support any of the last 6
27 consecutive dates payments were due prior to the date of
28 the notice for immediate withholding.
29 The notice for immediate withholding shall clearly state
30 that a specially certified copy of the order for withholding
31 will be sent to the payor, unless the obligor files a
32 petition contesting immediate withholding within 20 days
33 after service of the notice; however, the grounds for the
34 petition shall be limited to a dispute concerning whether the
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1 circumstances stated in the notice have occurred or the
2 identity of the obligor. It shall not be grounds for the
3 petition that the obligor has made all payments due by the
4 date of the petition.
5 If the obligor files a petition contesting immediate
6 withholding within the 20-day period required under this
7 paragraph, the Clerk of the Circuit Court shall notify the
8 obligor and the obligee or public office, as appropriate, of
9 the time and place of the hearing on the petition. Upon
10 hearing the petition, the court shall enter an order granting
11 or denying relief. It shall not be grounds for granting the
12 obligor's petition that he or she has made all payments due
13 by the date of hearing. If the court denies the obligor's
14 petition, it shall order immediate service of the order for
15 withholding and direct the clerk to provide a specially
16 certified copy of the order for withholding to the obligee or
17 public office indicating that the requirements for immediate
18 withholding under this paragraph have been met.
19 If the obligor does not file a petition contesting
20 immediate withholding within the 20-day period, the obligee
21 or public office shall file with the Clerk of the Circuit
22 Court an affidavit, with a copy of the notice for immediate
23 withholding attached thereto, stating that the notice was
24 duly served and the date on which service was effected, and
25 that the obligor has not filed a petition contesting
26 immediate withholding. The clerk shall then provide to the
27 obligee or public office a specially certified copy of the
28 order for withholding indicating that the requirements for
29 immediate withholding under this paragraph have been met.
30 Upon receipt of a specially certified copy of the order
31 for withholding, the obligee or public office may serve the
32 order on the payor, its superintendent, manager or other
33 agent, by certified mail or personal delivery. A proof of
34 service shall be filed with the Clerk of the Circuit Court.
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1 (C) Notice of Delinquency.
2 (1) Whenever an obligor becomes delinquent in payment of
3 an amount equal to at least one month's support obligation
4 pursuant to the order for support or is at least 30 days late
5 in complying with all or part of the order for support,
6 whichever occurs first, the obligee or public office may
7 prepare and serve a verified notice of delinquency, together
8 with a form petition to stay service, pursuant to paragraph
9 (3) of this subsection.
10 (2) The notice of delinquency shall recite the terms of
11 the order for support and contain a computation of the period
12 and total amount of the delinquency, as of the date of the
13 notice. The notice shall clearly state that it will be sent
14 to the payor, together with a specially certified copy of the
15 order for withholding, except as provided in subsection (F),
16 unless the obligor files a petition to stay service in
17 accordance with paragraph (1) of subsection (D).
18 (3) The notice of delinquency shall be served by
19 ordinary mail addressed to the obligor at his or her last
20 known address.
21 (4) The obligor may execute a written waiver of the
22 provisions of paragraphs (1) through (3) of this subsection
23 and request immediate service upon the payor.
24 (D) Procedures to Avoid Income Withholding.
25 (1) Except as provided in subsection (F), the obligor
26 may prevent an order for withholding from being served by
27 filing a petition to stay service with the Clerk of the
28 Circuit Court, within 20 days after service of the notice of
29 delinquency; however, the grounds for the petition to stay
30 service shall be limited to a dispute concerning: (a) the
31 amount of current support or the existence or amount of the
32 delinquency; or (b) the identity of the obligor.
33 The Clerk of the Circuit Court shall notify the obligor
34 and the obligee or public office, as appropriate, of the time
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1 and place of the hearing on the petition to stay service. The
2 court shall hold such hearing pursuant to the provisions of
3 subsection (H).
4 (2) Except as provided in subsection (F), filing of a
5 petition to stay service, within the 20-day period required
6 under this subsection, shall prohibit the obligee or public
7 office from serving the order for withholding on any payor of
8 the obligor.
9 (E) Initial Service of Order for Withholding.
10 (1) Except as provided in subsection (F), in order to
11 serve an order for withholding upon a payor, an obligee or
12 public office shall follow the procedures set forth in this
13 subsection. After 20 days following service of the notice of
14 delinquency, the obligee or public office shall file with the
15 Clerk of the Circuit Court an affidavit, with the copy of the
16 notice of delinquency attached thereto, stating:
17 (a) that the notice of delinquency has been duly
18 served and the date on which service was effected; and
19 (b) that the obligor has not filed a petition to
20 stay service, or in the alternative
21 (c) that the obligor has waived the provisions of
22 subparagraphs (a) and (b) of this paragraph (1) in
23 accordance with subsection (C)(4).
24 (2) Upon request of the obligee or public office, the
25 Clerk of the Circuit shall: (a) make available any record of
26 payment; and (b) determine that the file contains a copy of
27 the affidavit described in paragraph (1). The Clerk shall
28 then provide to the obligee or public office a specially
29 certified copy of the order for withholding and the notice of
30 delinquency indicating that the preconditions for service
31 have been met.
32 (3) The obligee or public office may then serve the
33 notice of delinquency and order for withholding on the payor,
34 its superintendent, manager or other agent, by regular or
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1 certified mail or facsimile personal delivery. A proof of
2 service shall be filed with the Clerk of the Circuit Court.
3 (F) Subsequent Service of Order for Withholding.
4 (1) Notwithstanding the provisions of this Section, at
5 any time after the court has ordered immediate service of an
6 order for withholding or after initial service of an order
7 for withholding pursuant to subsection (E), the obligee or
8 public office may serve the order for withholding upon any
9 payor of the obligor without further notice to the obligor.
10 The obligee or public office shall provide notice to the
11 payor, pursuant to paragraph (6) of subsection (I), of any
12 payments that have been made through previous withholding or
13 any other method.
14 (2) The Clerk of the Circuit Court shall, upon request,
15 provide the obligee or public office with specially certified
16 copies of the order for withholding or the notice of
17 delinquency or both whenever the Court has ordered immediate
18 service of an order for withholding or an affidavit has been
19 placed in the court file indicating that the preconditions
20 for service have been previously met. The obligee or public
21 office may then serve the order for withholding on the payor,
22 its superintendent, manager or other agent by regular or
23 certified mail or facsimile personal delivery. A proof of
24 service shall be filed with the Clerk of the Circuit Court.
25 (3) If a delinquency has accrued for any reason, the
26 obligee or public office may serve a notice of delinquency
27 upon the obligor pursuant to subsection (C). The obligor may
28 prevent the notice of delinquency from being served upon the
29 payor by utilizing the procedures set forth in subsection
30 (D). If no petition to stay service has been filed within the
31 required 20 day time period, the obligee or public office may
32 serve the notice of delinquency on the payor by utilizing the
33 procedures for service set forth in subsection (E).
34 (4) New service of an order for withholding is not
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1 required in order to resume withholding of income in the case
2 of an obligor with respect to whom an order for withholding
3 was previously served on the payor if withholding of income
4 was terminated because of an interruption in the obligor's
5 employment of less than 180 days.
6 (G) Duties of Payor.
7 (1) It shall be the duty of any payor who has been
8 served with a copy of the specially certified order for
9 withholding and any notice of delinquency to deduct and pay
10 over income as provided in this subsection. The payor shall
11 deduct the amount designated in the order for withholding, as
12 supplemented by the notice of delinquency and any notice
13 provided pursuant to paragraph (6) of subsection (I),
14 beginning no later than the next payment of income which is
15 payable to the obligor that occurs 14 days following the date
16 the order and any notice were mailed by certified mail or
17 placed for personal delivery. The payor may combine all
18 amounts withheld for the benefit of an obligee or public
19 office into a single payment and transmit the payment with a
20 listing of obligors from whom withholding has been effected.
21 The payor shall pay the amount withheld to the obligee or
22 public office within 10 calendar days of the date income is
23 paid to the obligor in accordance with the order for
24 withholding and any subsequent notification received from the
25 public office redirecting payments. If the payor knowingly
26 fails to pay any amount withheld to the obligee or public
27 office within 10 calendar days of the date income is paid to
28 the obligor, the payor shall pay a penalty of $100 for each
29 day that the withheld amount is not paid to the obligee or
30 public office after the period of 10 calendar days has
31 expired. The failure of a payor, on more than one occasion,
32 to pay amounts withheld to the obligee or public office
33 within 10 calendar days of the date income is paid to the
34 obligor creates a presumption that the payor knowingly failed
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1 to pay the amounts. This penalty may be collected in a civil
2 action which may be brought against the payor in favor of the
3 obligee. A finding of a payor's nonperformance within the
4 time required under this Section must be documented by a
5 certified mail return receipt showing the date the order for
6 withholding was served on the payor. For purposes of this
7 Section, a withheld amount shall be considered paid by a
8 payor on the date it is mailed by the payor, or on the date
9 an electronic funds transfer of the amount has been initiated
10 by the payor, or on the date delivery of the amount has been
11 initiated by the payor. For each deduction, the payor shall
12 provide the obligee or public office, at the time of
13 transmittal, with the date income was paid from which support
14 was withheld.
15 Upon receipt of an order requiring that a minor child be
16 named as a beneficiary of a health insurance plan available
17 through an employer or labor union or trade union, the
18 employer or labor union or trade union shall immediately
19 enroll the minor child as a beneficiary in the the health
20 insurance plan designated by the court order. The employer
21 shall withhold any required premiums and pay over any amounts
22 so withheld and any additional amounts the employer pays to
23 the insurance carrier in a timely manner. The employer or
24 labor union or trade union shall mail to the obligee, within
25 15 days of enrollment or upon request, notice of the date of
26 coverage, information on the dependent coverage plan, and all
27 forms necessary to obtain reimbursement for covered health
28 expenses, such as would be made available to a new employee.
29 When an order for dependent coverage is in effect and the
30 insurance coverage is terminated or changed for any reason,
31 the employer or labor union or trade union shall notify the
32 obligee within 10 days of the termination or change date
33 along with notice of conversion privileges.
34 For withholding of income, the payor shall be entitled to
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1 receive a fee not to exceed $5 per month to be taken from the
2 income to be paid to the obligor.
3 (2) Whenever the obligor is no longer receiving income
4 from the payor, the payor shall return a copy of the order
5 for withholding to the obligee or public office and shall
6 provide information for the purpose of enforcing this
7 Section.
8 (3) Withholding of income under this Section shall be
9 made without regard to any prior or subsequent garnishments,
10 attachments, wage assignments, or any other claims of
11 creditors. Withholding of income under this Section shall
12 not be in excess of the maximum amounts permitted under the
13 federal Consumer Credit Protection Act. If the payor has been
14 served with more than one order for withholding pertaining to
15 the same obligor, the payor shall allocate income available
16 for withholding on a proportionate share basis, giving
17 priority to current support payments. If there is any income
18 available for withholding after withholding for all current
19 support obligations, the payor shall allocate the income to
20 past due support payments ordered in non-AFDC matters and
21 then to past due support payments ordered in AFDC matters,
22 both on a proportionate share basis. Payment as required by
23 the order for withholding shall be a complete defense by the
24 payor against any claims of the obligor or his creditors as
25 to the sum so paid.
26 (4) No payor shall discharge, discipline, refuse to hire
27 or otherwise penalize any obligor because of the duty to
28 withhold income.
29 (H) Petitions to Stay Service or to Modify, Suspend or
30 Terminate Orders for Withholding.
31 (1) When an obligor files a petition to stay service,
32 the court, after due notice to all parties, shall hear the
33 matter as soon as practicable and shall enter an order
34 granting or denying relief, amending the notice of
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1 delinquency, amending the order for withholding where
2 applicable, or otherwise resolving the matter. If the court
3 finds that a delinquency existed when the notice of
4 delinquency was served upon the obligor, in an amount of at
5 least one month's support obligation, or that the obligor was
6 at least 30 days late in paying all or part of the order for
7 support, the court shall order immediate service of the order
8 for withholding. Where the court cannot promptly resolve any
9 dispute over the amount of the delinquency, the court may
10 order immediate service of the order for withholding as to
11 any undisputed amounts specified in an amended notice of
12 delinquency, and may continue the hearing on the disputed
13 amounts.
14 (2) At any time, an obligor, obligee, public office or
15 Clerk of the Circuit Court may petition the court to:
16 (a) modify, suspend or terminate the order for
17 withholding because of a modification, suspension or
18 termination of the underlying order for support; or
19 (b) modify the amount of income to be withheld to
20 reflect payment in full or in part of the delinquency or
21 arrearage by income withholding or otherwise; or
22 (c) suspend the order for withholding because of
23 inability to deliver income withheld to the obligee due
24 to the obligee's failure to provide a mailing address or
25 other means of delivery.
26 (3) The obligor, obligee or public office shall serve on
27 the payor, by certified mail or personal delivery, a copy of
28 any order entered pursuant to this subsection that affects
29 the duties of the payor.
30 (4) 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
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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 (5) The notice provided for under paragraph (4) of this
6 subsection shall be served on the payor by ordinary mail, and
7 a copy shall be provided to the obligor and the obligee. A
8 copy of the notice shall be filed with the Clerk of the
9 Circuit Court.
10 (6) The order for withholding shall continue to be
11 binding upon the payor until service of any order of the
12 court or notice entered or provided for under this
13 subsection.
14 (I) 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 notice of delinquency filed pursuant to
23 subsection (C) to the Bureau of Child Support of the Illinois
24 Department of Public Aid.
25 (3) Each obligor shall notify the obligee and the Clerk
26 of the Circuit Court of any change of address within 7 days.
27 (4) An obligor whose income is being withheld or who has
28 been served with a notice of delinquency pursuant to this
29 Section shall notify the obligee and the Clerk of the Circuit
30 Court of any new payor, within 7 days.
31 (5) When the Illinois Department of Public Aid is no
32 longer authorized to receive payments for the obligee, it
33 shall, within 7 days, notify the payor or, where appropriate,
34 the Clerk of the Circuit Court, to redirect income
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1 withholding payments to the obligee.
2 (6) The obligee or public office shall provide notice to
3 the payor and Clerk of the Circuit Court of any other support
4 payment made, including but not limited to, a set-off under
5 federal and State law or partial payment of the delinquency
6 or arrearage, or both.
7 (7) Any public office and Clerk of the Circuit Court
8 which collects, disburses or receives payments pursuant to
9 orders for withholding shall maintain complete, accurate, and
10 clear records of all payments and their disbursements.
11 Certified copies of payment records maintained by a public
12 office or Clerk of the Circuit Court shall, without further
13 proof, be admitted into evidence in any legal proceedings
14 under this Section.
15 (8) The Illinois Department of Public Aid shall design
16 suggested legal forms for proceeding under this Section and
17 shall make available to the courts such forms and
18 informational materials which describe the procedures and
19 remedies set forth herein for distribution to all parties in
20 support actions.
21 (9) At the time of transmitting each support payment,
22 the clerk of the circuit court shall provide the obligee or
23 public office, as appropriate, with any information furnished
24 by the payor as to the date income was paid from which such
25 support was withheld.
26 (J) Penalties.
27 (1) Where a payor wilfully fails to withhold or pay over
28 income pursuant to a properly served, specially certified
29 order for withholding and any notice of delinquency, or
30 wilfully discharges, disciplines, refuses to hire or
31 otherwise penalizes an obligor as prohibited by subsection
32 (G), or otherwise fails to comply with any duties imposed by
33 this Section, the obligee, public office or obligor, as
34 appropriate, may file a complaint with the court against the
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1 payor. The clerk of the circuit court shall notify the
2 obligee or public office, as appropriate, and the obligor and
3 payor of the time and place of the hearing on the complaint.
4 The court shall resolve any factual dispute including, but
5 not limited to, a denial that the payor is paying or has paid
6 income to the obligor. Upon a finding in favor of the
7 complaining party, the court:
8 (a) shall enter judgment and direct the enforcement
9 thereof for the total amount that the payor wilfully
10 failed to withhold or pay over; and
11 (b) may order employment or reinstatement of or
12 restitution to the obligor, or both, where the obligor
13 has been discharged, disciplined, denied employment or
14 otherwise penalized by the payor and may impose a fine
15 upon the payor not to exceed $200.
16 (2) Any obligee, public office or obligor who wilfully
17 initiates a false proceeding under this Section or who
18 wilfully fails to comply with the requirements of this
19 Section shall be punished as in cases of contempt of court.
20 (K) Alternative Procedures for Entry and Service of an Order
21 for Withholding.
22 (1) Effective January 1, 1987, in any matter in which an
23 order for withholding has not been entered for any reason,
24 based upon the last order for support that has been entered,
25 and in which the obligor has become delinquent in payment of
26 an amount equal to at least one month's support obligation
27 pursuant to the last order for support or is at least 30 days
28 late in complying with all or part of the order for support,
29 the obligee or public office may prepare and serve an order
30 for withholding pursuant to the procedures set forth in this
31 subsection.
32 (2) The obligee or public office shall:
33 (a) prepare a proposed order for withholding for
34 immediate service as provided by paragraphs (1) and (3)
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1 of subsection (B), except that the minimum 20%
2 delinquency payment shall be used;
3 (b) prepare a notice of delinquency as provided by
4 paragraphs (1) and (2) of subsection (C), except the
5 notice shall state further that the order for withholding
6 has not been entered by the court and the conditions
7 under which the order will be entered; and
8 (c) serve the notice of delinquency and form
9 petition to stay service as provided by paragraph (3) of
10 subsection (C), together with the proposed order for
11 withholding, which shall be marked "COPY ONLY".
12 (3) After 20 days following service of the notice of
13 delinquency and proposed order for withholding, in lieu of
14 the provisions of subsection (E), the obligee or public
15 office shall file with the Clerk of the Circuit Court an
16 affidavit, with a copy of the notice of delinquency and
17 proposed order for withholding attached thereto, stating
18 that:
19 (a) the notice of delinquency and proposed order
20 for withholding have been served upon the obligor and the
21 date on which service was effected;
22 (b) the obligor has not filed a petition to stay
23 service within 20 days of service of such notice and
24 order; and
25 (c) the proposed order for withholding accurately
26 states the terms and amounts contained in the last order
27 for support.
28 (4) Upon the court's satisfaction that the procedures
29 set forth in this subsection have been met, it shall enter
30 the order for withholding.
31 (5) The Clerk shall then provide to the obligee or
32 public office a specially certified copy of the order for
33 withholding and the notice of delinquency indicating that the
34 preconditions for service have been met.
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1 (6) The obligee or public office shall serve the
2 specially certified copies of the order for withholding and
3 the notice of delinquency on the payor, its superintendent,
4 manager or other agent by certified mail or personal
5 delivery. A proof of service shall be filed with the Clerk
6 of the Circuit Court.
7 (7) If the obligor requests in writing that income
8 withholding become effective prior to becoming delinquent in
9 payment of an amount equal to one month's support obligation
10 pursuant to the last order for support, or prior to becoming
11 30 days late in paying all or part of the order for support,
12 the obligee or public office shall file an affidavit with the
13 Clerk of the circuit Court, with a proposed order for
14 withholding attached, stating that the proposed order
15 accurately states the terms and amounts contained in the last
16 order for support and the obligor's request for immediate
17 service. The provisions of paragraphs (4) through (6) of
18 this subsection shall apply, except that a notice of
19 delinquency shall not be required.
20 (8) All other provisions of this Section shall be
21 applicable with respect to the provisions of this subsection
22 (K), except that under paragraph (1) of subsection (H), the
23 court may also amend the proposed order for withholding to
24 conform to the last order for support.
25 (9) Nothing in this subsection shall be construed as
26 limiting the requirements of paragraph (1) of subsection (B)
27 with respect to the entry of a separate order for withholding
28 upon entry of any order for support.
29 (L) Remedies in Addition to Other Laws.
30 (1) The rights, remedies, duties and penalties created
31 by this Section are in addition to and not in substitution
32 for any other rights, remedies, duties and penalties created
33 by any other law.
34 (2) Nothing in this Section shall be construed as
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1 invalidating any assignment of wages or benefits executed
2 prior to January 1, 1984.
3 (Source: P.A. 87-529; 87-935; 87-988; 87-1105; 88-26; 88-45;
4 88-94; 88-131; 88-307; 88-670, eff. 12-2-94.)
5 (Text of Section after amendment by P.A. 89-507)
6 Sec. 26.1. Withholding of Income to Secure Payment of
7 Support.
8 (A) Definitions.
9 (1) "Order for support" means any order of the court
10 which provides for periodic payment of funds for the support
11 of a child or maintenance of a spouse, whether temporary or
12 final, and includes any such order which provides for:
13 (a) modification or resumption of, or payment of
14 arrearage accrued under, a previously existing order;
15 (b) reimbursement of support; or
16 (c) enrollment in a health insurance plan that is
17 available to the obligor through an employer or labor
18 union or trade union.
19 (2) "Arrearage" means the total amount of unpaid support
20 obligations.
21 (3) "Delinquency" means any payment under an order for
22 support which becomes due and remains unpaid after an order
23 for withholding has been entered under subsection (B) or, for
24 purposes of subsection (K), after the last order for support
25 was entered for which no order for withholding was entered.
26 (4) "Income" means any form of periodic payment to an
27 individual, regardless of source, including, but not limited
28 to: wages, salary, commission, compensation as an independent
29 contractor, workers' compensation, disability, annuity and
30 retirement benefits, lottery prize awards, insurance
31 proceeds, vacation pay, bonuses, profit-sharing payments and
32 any other payments, made by any person, private entity,
33 federal or state government, any unit of local government,
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1 school district or any entity created by Public Act; however,
2 "income" excludes:
3 (a) any amounts required by law to be withheld,
4 other than creditor claims, including, but not limited
5 to, federal, State and local taxes, Social Security and
6 other retirement and disability contributions;
7 (b) union dues;
8 (c) any amounts exempted by the federal Consumer
9 Credit Protection Act;
10 (d) public assistance payments; and
11 (e) unemployment insurance benefits except as
12 provided by law.
13 Any other State or local laws which limit or exempt
14 income or the amount or percentage of income that can be
15 withheld shall not apply.
16 (5) "Obligor" means the individual who owes a duty to
17 make payments under an order for support.
18 (6) "Obligee" means the individual to whom a duty of
19 support is owed or the individual's legal representative.
20 (7) "Payor" means any payor of income to an obligor.
21 (8) "Public office" means any elected official or any
22 State or local agency which is or may become responsible by
23 law for enforcement of, or which is or may become authorized
24 to enforce, an order for support, including, but not limited
25 to: the Attorney General, the Illinois Department of Public
26 Aid, the Illinois Department of Human Services, the Illinois
27 Department of Children and Family Services, and the various
28 State's Attorneys, Clerks of the Circuit Court and
29 supervisors of general assistance.
30 (9) "Premium" means the dollar amount for which the
31 obligor is liable to his employer or labor union or trade
32 union and which must be paid to enroll or maintain a child in
33 a health insurance plan that is available to the obligor
34 through an employer or labor union or trade union.
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1 (B) Entry of an Order for Withholding.
2 (1) Upon entry of any order for support on or after
3 January 1, 1984, the court shall enter a separate order for
4 withholding which shall not take effect unless the obligor
5 becomes delinquent in paying the order for support or the
6 obligor requests an earlier effective date; except that the
7 court may require the order for withholding to take effect
8 immediately.
9 On or after January 1, 1989, the court shall require the
10 order for withholding to take effect immediately, unless a
11 written agreement is reached between and signed by both
12 parties providing for an alternative arrangement, approved
13 and entered into the record by the court, which insures
14 payment of support. In that case, the court shall enter the
15 order for withholding which will not take effect unless the
16 obligor becomes delinquent in paying the order for support.
17 Upon entry of any order of support on or after September
18 11, 1989, if the obligor is not a United States citizen, the
19 obligor shall provide to the court the obligor's alien
20 registration number, passport number, and home country's
21 social security or national health number, if applicable; the
22 court shall make the information part of the record in the
23 case.
24 (2) An order for withholding shall be entered upon
25 petition by the obligee or public office where an order for
26 withholding has not been previously entered.
27 (3) The order for withholding shall:
28 (a) direct any payor to withhold a dollar amount
29 equal to the order for support; and
30 (b) direct any payor to withhold an additional
31 dollar amount, not less than 20% of the order for
32 support, until payment in full of any delinquency stated
33 in the notice of delinquency provided for in subsection
34 (C) or (F) of this Section; and
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1 (c) direct any payor or labor union or trade union
2 to enroll a child as a beneficiary of a health insurance
3 plan and withhold or cause to be withheld, if applicable,
4 any required premiums; and
5 (d) state the rights, remedies and duties of the
6 obligor under this Section; and
7 (e) include the obligor's Social Security Number,
8 which the obligor shall disclose to the court; and
9 (f) include the date that withholding for current
10 support terminates, which shall be the date of
11 termination of the current support obligation set forth
12 in the order for support.
13 (4) At the time the order for withholding is entered,
14 the Clerk of the Circuit Court shall provide a copy of the
15 order for withholding and the order for support to the
16 obligor and shall make copies available to the obligee and
17 public office. Any copy of the order for withholding
18 furnished to the parties under this subsection shall be
19 stamped "Not Valid".
20 (5) The order for withholding shall remain in effect for
21 as long as the order for support upon which it is based.
22 (6) The failure of an order for withholding to state an
23 arrearage is not conclusive of the issue of whether an
24 arrearage is owing.
25 (7) Notwithstanding the provisions of this subsection,
26 if the court finds at the time of any hearing that an
27 arrearage has accrued in an amount equal to at least one
28 month's support obligation or that the obligor is 30 days
29 late in paying all or part of the order for support, the
30 court shall order immediate service of the order for
31 withholding upon the payor.
32 (8) Where the court has not required that the order for
33 withholding take effect immediately, the obligee or public
34 office may prepare and serve a notice for immediate
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1 withholding upon the obligor by ordinary mail addressed to
2 the obligor at his or her last known address. The notice
3 shall state that the following circumstances have occurred:
4 (a) The parties' written agreement providing an
5 alternative arrangement to immediate withholding under
6 paragraph (1) of this subsection no longer provides for
7 timely payment of all support due; or
8 (b) The obligor has not made timely payments in
9 that the obligor has been at least 7 days late in paying
10 all or part of the order for support any of the last 6
11 consecutive dates payments were due prior to the date of
12 the notice for immediate withholding.
13 The notice for immediate withholding shall clearly state
14 that a specially certified copy of the order for withholding
15 will be sent to the payor, unless the obligor files a
16 petition contesting immediate withholding within 20 days
17 after service of the notice; however, the grounds for the
18 petition shall be limited to a dispute concerning whether the
19 circumstances stated in the notice have occurred or the
20 identity of the obligor. It shall not be grounds for the
21 petition that the obligor has made all payments due by the
22 date of the petition.
23 If the obligor files a petition contesting immediate
24 withholding within the 20-day period required under this
25 paragraph, the Clerk of the Circuit Court shall notify the
26 obligor and the obligee or public office, as appropriate, of
27 the time and place of the hearing on the petition. Upon
28 hearing the petition, the court shall enter an order granting
29 or denying relief. It shall not be grounds for granting the
30 obligor's petition that he or she has made all payments due
31 by the date of hearing. If the court denies the obligor's
32 petition, it shall order immediate service of the order for
33 withholding and direct the clerk to provide a specially
34 certified copy of the order for withholding to the obligee or
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1 public office indicating that the requirements for immediate
2 withholding under this paragraph have been met.
3 If the obligor does not file a petition contesting
4 immediate withholding within the 20-day period, the obligee
5 or public office shall file with the Clerk of the Circuit
6 Court an affidavit, with a copy of the notice for immediate
7 withholding attached thereto, stating that the notice was
8 duly served and the date on which service was effected, and
9 that the obligor has not filed a petition contesting
10 immediate withholding. The clerk shall then provide to the
11 obligee or public office a specially certified copy of the
12 order for withholding indicating that the requirements for
13 immediate withholding under this paragraph have been met.
14 Upon receipt of a specially certified copy of the order
15 for withholding, the obligee or public office may serve the
16 order on the payor, its superintendent, manager or other
17 agent, by certified mail or personal delivery. A proof of
18 service shall be filed with the Clerk of the Circuit Court.
19 (C) Notice of Delinquency.
20 (1) Whenever an obligor becomes delinquent in payment of
21 an amount equal to at least one month's support obligation
22 pursuant to the order for support or is at least 30 days late
23 in complying with all or part of the order for support,
24 whichever occurs first, the obligee or public office may
25 prepare and serve a verified notice of delinquency, together
26 with a form petition to stay service, pursuant to paragraph
27 (3) of this subsection.
28 (2) The notice of delinquency shall recite the terms of
29 the order for support and contain a computation of the period
30 and total amount of the delinquency, as of the date of the
31 notice. The notice shall clearly state that it will be sent
32 to the payor, together with a specially certified copy of the
33 order for withholding, except as provided in subsection (F),
34 unless the obligor files a petition to stay service in
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1 accordance with paragraph (1) of subsection (D).
2 (3) The notice of delinquency shall be served by
3 ordinary mail addressed to the obligor at his or her last
4 known address.
5 (4) The obligor may execute a written waiver of the
6 provisions of paragraphs (1) through (3) of this subsection
7 and request immediate service upon the payor.
8 (D) Procedures to Avoid Income Withholding.
9 (1) Except as provided in subsection (F), the obligor
10 may prevent an order for withholding from being served by
11 filing a petition to stay service with the Clerk of the
12 Circuit Court, within 20 days after service of the notice of
13 delinquency; however, the grounds for the petition to stay
14 service shall be limited to a dispute concerning: (a) the
15 amount of current support or the existence or amount of the
16 delinquency; or (b) the identity of the obligor.
17 The Clerk of the Circuit Court shall notify the obligor
18 and the obligee or public office, as appropriate, of the time
19 and place of the hearing on the petition to stay service. The
20 court shall hold such hearing pursuant to the provisions of
21 subsection (H).
22 (2) Except as provided in subsection (F), filing of a
23 petition to stay service, within the 20-day period required
24 under this subsection, shall prohibit the obligee or public
25 office from serving the order for withholding on any payor of
26 the obligor.
27 (E) Initial Service of Order for Withholding.
28 (1) Except as provided in subsection (F), in order to
29 serve an order for withholding upon a payor, an obligee or
30 public office shall follow the procedures set forth in this
31 subsection. After 20 days following service of the notice of
32 delinquency, the obligee or public office shall file with the
33 Clerk of the Circuit Court an affidavit, with the copy of the
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1 notice of delinquency attached thereto, stating:
2 (a) that the notice of delinquency has been duly
3 served and the date on which service was effected; and
4 (b) that the obligor has not filed a petition to
5 stay service, or in the alternative
6 (c) that the obligor has waived the provisions of
7 subparagraphs (a) and (b) of this paragraph (1) in
8 accordance with subsection (C)(4).
9 (2) Upon request of the obligee or public office, the
10 Clerk of the Circuit shall: (a) make available any record of
11 payment; and (b) determine that the file contains a copy of
12 the affidavit described in paragraph (1). The Clerk shall
13 then provide to the obligee or public office a specially
14 certified copy of the order for withholding and the notice of
15 delinquency indicating that the preconditions for service
16 have been met.
17 (3) The obligee or public office may then serve the
18 notice of delinquency and order for withholding on the payor,
19 its superintendent, manager or other agent, by regular or
20 certified mail or facsimile personal delivery. A proof of
21 service shall be filed with the Clerk of the Circuit Court.
22 (F) Subsequent Service of Order for Withholding.
23 (1) Notwithstanding the provisions of this Section, at
24 any time after the court has ordered immediate service of an
25 order for withholding or after initial service of an order
26 for withholding pursuant to subsection (E), the obligee or
27 public office may serve the order for withholding upon any
28 payor of the obligor without further notice to the obligor.
29 The obligee or public office shall provide notice to the
30 payor, pursuant to paragraph (6) of subsection (I), of any
31 payments that have been made through previous withholding or
32 any other method.
33 (2) The Clerk of the Circuit Court shall, upon request,
34 provide the obligee or public office with specially certified
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1 copies of the order for withholding or the notice of
2 delinquency or both whenever the Court has ordered immediate
3 service of an order for withholding or an affidavit has been
4 placed in the court file indicating that the preconditions
5 for service have been previously met. The obligee or public
6 office may then serve the order for withholding on the payor,
7 its superintendent, manager or other agent by regular or
8 certified mail or facsimile personal delivery. A proof of
9 service shall be filed with the Clerk of the Circuit Court.
10 (3) If a delinquency has accrued for any reason, the
11 obligee or public office may serve a notice of delinquency
12 upon the obligor pursuant to subsection (C). The obligor may
13 prevent the notice of delinquency from being served upon the
14 payor by utilizing the procedures set forth in subsection
15 (D). If no petition to stay service has been filed within the
16 required 20 day time period, the obligee or public office may
17 serve the notice of delinquency on the payor by utilizing the
18 procedures for service set forth in subsection (E).
19 (4) New service of an order for withholding is not
20 required in order to resume withholding of income in the case
21 of an obligor with respect to whom an order for withholding
22 was previously served on the payor if withholding of income
23 was terminated because of an interruption in the obligor's
24 employment of less than 180 days.
25 (G) Duties of Payor.
26 (1) It shall be the duty of any payor who has been
27 served with a copy of the specially certified order for
28 withholding and any notice of delinquency to deduct and pay
29 over income as provided in this subsection. The payor shall
30 deduct the amount designated in the order for withholding, as
31 supplemented by the notice of delinquency and any notice
32 provided pursuant to paragraph (6) of subsection (I),
33 beginning no later than the next payment of income which is
34 payable to the obligor that occurs 14 days following the date
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1 the order and any notice were mailed by certified mail or
2 placed for personal delivery. The payor may combine all
3 amounts withheld for the benefit of an obligee or public
4 office into a single payment and transmit the payment with a
5 listing of obligors from whom withholding has been effected.
6 The payor shall pay the amount withheld to the obligee or
7 public office within 10 calendar days of the date income is
8 paid to the obligor in accordance with the order for
9 withholding and any subsequent notification received from the
10 public office redirecting payments. If the payor knowingly
11 fails to pay any amount withheld to the obligee or public
12 office within 10 calendar days of the date income is paid to
13 the obligor, the payor shall pay a penalty of $100 for each
14 day that the withheld amount is not paid to the obligee or
15 public office after the period of 10 calendar days has
16 expired. The failure of a payor, on more than one occasion,
17 to pay amounts withheld to the obligee or public office
18 within 10 calendar days of the date income is paid to the
19 obligor creates a presumption that the payor knowingly failed
20 to pay the amounts. This penalty may be collected in a civil
21 action which may be brought against the payor in favor of the
22 obligee. A finding of a payor's nonperformance within the
23 time required under this Section must be documented by a
24 certified mail return receipt showing the date the order for
25 withholding was served on the payor. For purposes of this
26 Section, a withheld amount shall be considered paid by a
27 payor on the date it is mailed by the payor, or on the date
28 an electronic funds transfer of the amount has been initiated
29 by the payor, or on the date delivery of the amount has been
30 initiated by the payor. For each deduction, the payor shall
31 provide the obligee or public office, at the time of
32 transmittal, with the date income was paid from which support
33 was withheld.
34 Upon receipt of an order requiring that a minor child be
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1 named as a beneficiary of a health insurance plan available
2 through an employer or labor union or trade union, the
3 employer or labor union or trade union shall immediately
4 enroll the minor child as a beneficiary in the the health
5 insurance plan designated by the court order. The employer
6 shall withhold any required premiums and pay over any amounts
7 so withheld and any additional amounts the employer pays to
8 the insurance carrier in a timely manner. The employer or
9 labor union or trade union shall mail to the obligee, within
10 15 days of enrollment or upon request, notice of the date of
11 coverage, information on the dependent coverage plan, and all
12 forms necessary to obtain reimbursement for covered health
13 expenses, such as would be made available to a new employee.
14 When an order for dependent coverage is in effect and the
15 insurance coverage is terminated or changed for any reason,
16 the employer or labor union or trade union shall notify the
17 obligee within 10 days of the termination or change date
18 along with notice of conversion privileges.
19 For withholding of income, the payor shall be entitled to
20 receive a fee not to exceed $5 per month to be taken from the
21 income to be paid to the obligor.
22 (2) Whenever the obligor is no longer receiving income
23 from the payor, the payor shall return a copy of the order
24 for withholding to the obligee or public office and shall
25 provide information for the purpose of enforcing this
26 Section.
27 (3) Withholding of income under this Section shall be
28 made without regard to any prior or subsequent garnishments,
29 attachments, wage assignments, or any other claims of
30 creditors. Withholding of income under this Section shall
31 not be in excess of the maximum amounts permitted under the
32 federal Consumer Credit Protection Act. If the payor has been
33 served with more than one order for withholding pertaining to
34 the same obligor, the payor shall allocate income available
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1 for withholding on a proportionate share basis, giving
2 priority to current support payments. If there is any income
3 available for withholding after withholding for all current
4 support obligations, the payor shall allocate the income to
5 past due support payments ordered in non-AFDC matters and
6 then to past due support payments ordered in AFDC matters,
7 both on a proportionate share basis. Payment as required by
8 the order for withholding shall be a complete defense by the
9 payor against any claims of the obligor or his creditors as
10 to the sum so paid.
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 (H) Petitions to Stay Service or to Modify, Suspend or
15 Terminate Orders for Withholding.
16 (1) When an obligor files a petition to stay service,
17 the court, after due notice to all parties, shall hear the
18 matter as soon as practicable and shall enter an order
19 granting or denying relief, amending the notice of
20 delinquency, amending the order for withholding where
21 applicable, or otherwise resolving the matter. If the court
22 finds that a delinquency existed when the notice of
23 delinquency was served upon the obligor, in an amount of at
24 least one month's support obligation, or that the obligor was
25 at least 30 days late in paying all or part of the order for
26 support, the court shall order immediate service of the order
27 for withholding. Where the court cannot promptly resolve any
28 dispute over the amount of the delinquency, the court may
29 order immediate service of the order for withholding as to
30 any undisputed amounts specified in an amended notice of
31 delinquency, and may continue the hearing on the disputed
32 amounts.
33 (2) At any time, an obligor, obligee, public office or
34 Clerk of the Circuit Court may petition the court to:
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1 (a) modify, suspend or terminate the order for
2 withholding because of a modification, suspension or
3 termination of the underlying order for support; or
4 (b) modify the amount of income to be withheld to
5 reflect payment in full or in part of the delinquency or
6 arrearage by income withholding or otherwise; or
7 (c) suspend the order for withholding because of
8 inability to deliver income withheld to the obligee due
9 to the obligee's failure to provide a mailing address or
10 other means of delivery.
11 (3) The obligor, obligee or public office shall serve on
12 the payor, by certified mail or personal delivery, a copy of
13 any order entered pursuant to this subsection that affects
14 the duties of the payor.
15 (4) At any time, a public office or Clerk of the Circuit
16 Court may serve a notice on the payor to:
17 (a) cease withholding of income for payment of
18 current support for a child when the support obligation
19 for that child has automatically ceased under the order
20 for support through emancipation or otherwise; or
21 (b) cease withholding of income for payment of
22 delinquency or arrearage when the delinquency or
23 arrearage has been paid in full.
24 (5) The notice provided for under paragraph (4) of this
25 subsection shall be served on the payor by ordinary mail, and
26 a copy shall be provided to the obligor and the obligee. A
27 copy of the notice shall be filed with the Clerk of the
28 Circuit Court.
29 (6) The order for withholding shall continue to be
30 binding upon the payor until service of any order of the
31 court or notice entered or provided for under this
32 subsection.
33 (I) Additional Duties.
34 (1) An obligee who is receiving income withholding
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1 payments under this Section shall notify the payor, if the
2 obligee receives the payments directly from the payor, or the
3 public office or the Clerk of the Circuit Court, as
4 appropriate, of any change of address within 7 days of such
5 change.
6 (2) An obligee who is a recipient of public aid shall
7 send a copy of any notice of delinquency filed pursuant to
8 subsection (C) to the Bureau of Child Support of the Illinois
9 Department of Public Aid.
10 (3) Each obligor shall notify the obligee and the Clerk
11 of the Circuit Court of any change of address within 7 days.
12 (4) An obligor whose income is being withheld or who has
13 been served with a notice of delinquency pursuant to this
14 Section shall notify the obligee and the Clerk of the Circuit
15 Court of any new payor, within 7 days.
16 (5) When the Illinois Department of Public Aid is no
17 longer authorized to receive payments for the obligee, it
18 shall, within 7 days, notify the payor or, where appropriate,
19 the Clerk of the Circuit Court, to redirect income
20 withholding payments to the obligee.
21 (6) The obligee or public office shall provide notice to
22 the payor and Clerk of the Circuit Court of any other support
23 payment made, including but not limited to, a set-off under
24 federal and State law or partial payment of the delinquency
25 or arrearage, or both.
26 (7) Any public office and Clerk of the Circuit Court
27 which collects, disburses or receives payments pursuant to
28 orders for withholding shall maintain complete, accurate, and
29 clear records of all payments and their disbursements.
30 Certified copies of payment records maintained by a public
31 office or Clerk of the Circuit Court shall, without further
32 proof, be admitted into evidence in any legal proceedings
33 under this Section.
34 (8) The Illinois Department of Public Aid shall design
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1 suggested legal forms for proceeding under this Section and
2 shall make available to the courts such forms and
3 informational materials which describe the procedures and
4 remedies set forth herein for distribution to all parties in
5 support actions.
6 (9) At the time of transmitting each support payment,
7 the clerk of the circuit court shall provide the obligee or
8 public office, as appropriate, with any information furnished
9 by the payor as to the date income was paid from which such
10 support was withheld.
11 (J) Penalties.
12 (1) Where a payor wilfully fails to withhold or pay over
13 income pursuant to a properly served, specially certified
14 order for withholding and any notice of delinquency, or
15 wilfully discharges, disciplines, refuses to hire or
16 otherwise penalizes an obligor as prohibited by subsection
17 (G), or otherwise fails to comply with any duties imposed by
18 this Section, the obligee, public office or obligor, as
19 appropriate, may file a complaint with the court against the
20 payor. The clerk of the circuit court shall notify the
21 obligee or public office, as appropriate, and the obligor and
22 payor of the time and place of the hearing on the complaint.
23 The court shall resolve any factual dispute including, but
24 not limited to, a denial that the payor is paying or has paid
25 income to the obligor. Upon a finding in favor of the
26 complaining party, the court:
27 (a) shall enter judgment and direct the enforcement
28 thereof for the total amount that the payor wilfully
29 failed to withhold or pay over; and
30 (b) may order employment or reinstatement of or
31 restitution to the obligor, or both, where the obligor
32 has been discharged, disciplined, denied employment or
33 otherwise penalized by the payor and may impose a fine
34 upon the payor not to exceed $200.
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1 (2) Any obligee, public office or obligor who wilfully
2 initiates a false proceeding under this Section or who
3 wilfully fails to comply with the requirements of this
4 Section shall be punished as in cases of contempt of court.
5 (K) Alternative Procedures for Entry and Service of an Order
6 for Withholding.
7 (1) Effective January 1, 1987, in any matter in which an
8 order for withholding has not been entered for any reason,
9 based upon the last order for support that has been entered,
10 and in which the obligor has become delinquent in payment of
11 an amount equal to at least one month's support obligation
12 pursuant to the last order for support or is at least 30 days
13 late in complying with all or part of the order for support,
14 the obligee or public office may prepare and serve an order
15 for withholding pursuant to the procedures set forth in this
16 subsection.
17 (2) The obligee or public office shall:
18 (a) prepare a proposed order for withholding for
19 immediate service as provided by paragraphs (1) and (3)
20 of subsection (B), except that the minimum 20%
21 delinquency payment shall be used;
22 (b) prepare a notice of delinquency as provided by
23 paragraphs (1) and (2) of subsection (C), except the
24 notice shall state further that the order for withholding
25 has not been entered by the court and the conditions
26 under which the order will be entered; and
27 (c) serve the notice of delinquency and form
28 petition to stay service as provided by paragraph (3) of
29 subsection (C), together with the proposed order for
30 withholding, which shall be marked "COPY ONLY".
31 (3) After 20 days following service of the notice of
32 delinquency and proposed order for withholding, in lieu of
33 the provisions of subsection (E), the obligee or public
34 office shall file with the Clerk of the Circuit Court an
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1 affidavit, with a copy of the notice of delinquency and
2 proposed order for withholding attached thereto, stating
3 that:
4 (a) the notice of delinquency and proposed order
5 for withholding have been served upon the obligor and the
6 date on which service was effected;
7 (b) the obligor has not filed a petition to stay
8 service within 20 days of service of such notice and
9 order; and
10 (c) the proposed order for withholding accurately
11 states the terms and amounts contained in the last order
12 for support.
13 (4) Upon the court's satisfaction that the procedures
14 set forth in this subsection have been met, it shall enter
15 the order for withholding.
16 (5) The Clerk shall then provide to the obligee or
17 public office a specially certified copy of the order for
18 withholding and the notice of delinquency indicating that the
19 preconditions for service have been met.
20 (6) The obligee or public office shall serve the
21 specially certified copies of the order for withholding and
22 the notice of delinquency on the payor, its superintendent,
23 manager or other agent by certified mail or personal
24 delivery. A proof of service shall be filed with the Clerk
25 of the Circuit Court.
26 (7) If the obligor requests in writing that income
27 withholding become effective prior to becoming delinquent in
28 payment of an amount equal to one month's support obligation
29 pursuant to the last order for support, or prior to becoming
30 30 days late in paying all or part of the order for support,
31 the obligee or public office shall file an affidavit with the
32 Clerk of the circuit Court, with a proposed order for
33 withholding attached, stating that the proposed order
34 accurately states the terms and amounts contained in the last
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1 order for support and the obligor's request for immediate
2 service. The provisions of paragraphs (4) through (6) of
3 this subsection shall apply, except that a notice of
4 delinquency shall not be required.
5 (8) All other provisions of this Section shall be
6 applicable with respect to the provisions of this subsection
7 (K), except that under paragraph (1) of subsection (H), the
8 court may also amend the proposed order for withholding to
9 conform to the last order for support.
10 (9) Nothing in this subsection shall be construed as
11 limiting the requirements of paragraph (1) of subsection (B)
12 with respect to the entry of a separate order for withholding
13 upon entry of any order for support.
14 (L) Remedies in Addition to Other Laws.
15 (1) The rights, remedies, duties and penalties created
16 by this Section are in addition to and not in substitution
17 for any other rights, remedies, duties and penalties created
18 by any other law.
19 (2) Nothing in this Section shall be construed as
20 invalidating any assignment of wages or benefits executed
21 prior to January 1, 1984.
22 (Source: P.A. 88-26; 88-45; 88-94; 88-131; 88-307; 88-670,
23 eff. 12-2-94; 89-507, eff. 7-1-97.)
24 Section 94. The Illinois Parentage Act of 1984 is
25 amended by changing Section 20 as follows:
26 (750 ILCS 45/20) (from Ch. 40, par. 2520)
27 (Text of Section before amendment by P.A. 89-507)
28 Sec. 20. Withholding of Income to Secure Payment of
29 Support.
30 (A) Definitions.
31 (1) "Order for support" means any order of the court
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1 which provides for periodic payment of funds for the support
2 of a child, whether temporary or final, and includes any such
3 order which provides for:
4 (a) modification or resumption of, or payment of
5 arrearage accrued under, a previously existing order;
6 (b) reimbursement of support;
7 (c) payment or reimbursement of the expense of
8 pregnancy and delivery; or
9 (d) enrollment in a health insurance plan that is
10 available to the obligor through an employer or labor
11 union or trade union.
12 (2) "Arrearage" means the total amount of unpaid support
13 obligations.
14 (3) "Delinquency" means any payment under an order for
15 support which becomes due and remains unpaid after an order
16 for withholding has been entered under subsection (B) or, for
17 purposes of subsection (K), after the last order for support
18 was entered for which no order for withholding was entered.
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 and
23 retirement benefits, lottery prize awards, insurance
24 proceeds, vacation pay, bonuses, profit-sharing payments and
25 any other payments, made by any person, private entity,
26 federal or state government, any unit of local government,
27 school district or any entity created by Public Act; however,
28 "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
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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 Mental Health and
19 Developmental Disabilities, the Illinois Department of
20 Children and Family Services, and the various State's
21 Attorneys, Clerks of the Circuit Court and supervisors of
22 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 an Order for Withholding.
29 (1) Upon entry of any order for support on or after July
30 1, 1985, the court shall enter a separate order for
31 withholding which shall not take effect unless the obligor
32 becomes delinquent in paying the order for support or the
33 obligor requests an earlier effective date; except that the
34 court may require the order for withholding to take effect
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1 immediately.
2 On or after January 1, 1989, the court shall require the
3 order for withholding to take effect immediately, unless a
4 written agreement is reached between and signed by both
5 parties providing for an alternative arrangement, approved
6 and entered into the record by the court, which insures
7 payment of support. In that case, the court shall enter the
8 order for withholding which will not take effect unless the
9 obligor becomes delinquent in paying the order for support.
10 Upon entry of any order of support on or after September
11 11, 1989, if the obligor is not a United States citizen, the
12 obligor shall provide to the court the obligor's alien
13 registration number, passport number, and home country's
14 social security or national health number, if applicable; the
15 court shall make the information part of the record in the
16 case.
17 (2) An order for withholding shall be entered upon
18 petition by the obligee or public office where an order for
19 withholding has not been previously entered.
20 (3) The order for withholding shall:
21 (a) direct any payor to withhold a dollar amount
22 equal to the order for support; and
23 (b) direct any payor to withhold an additional
24 dollar amount, not less than 20% of the order for
25 support, until payment in full of any delinquency stated
26 in the notice of delinquency provided for in subsection
27 (C) or (F) of this Section; and
28 (c) direct any payor or labor union or trade union
29 to enroll a child as a beneficiary of a health insurance
30 plan and withhold or cause to be withheld, if applicable,
31 any required premiums; and
32 (d) state the rights, remedies and duties of the
33 obligor under this Section; and
34 (e) include the obligor's Social Security Number,
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1 which the obligor shall disclose to the court; and
2 (f) include the date that withholding for current
3 support terminates, which shall be the date of
4 termination of the current support obligation set forth
5 in the order for support.
6 (4) At the time the order for withholding is entered,
7 the Clerk of the Circuit Court shall provide a copy of the
8 order for withholding and the order for support to the
9 obligor and shall make copies available to the obligee and
10 public office. Any copy of the order for withholding
11 furnished to the parties under this subsection shall be
12 stamped "Not Valid".
13 (5) The order for withholding shall remain in effect for
14 as long as the order for support upon which it is based.
15 (6) The failure of an order for withholding to state an
16 arrearage is not conclusive of the issue of whether an
17 arrearage is owing.
18 (7) Notwithstanding the provisions of this subsection,
19 if the court finds at the time of any hearing that arrearage
20 has accrued in an amount equal to at least one month's
21 support obligation or that the obligor is 30 days late in
22 paying all or part of the order for support, the court shall
23 order immediate service of the order for withholding upon the
24 payor.
25 (8) Where the court has not required that the order for
26 withholding take effect immediately, the obligee or public
27 office may prepare and serve a notice for immediate
28 withholding upon the obligor by ordinary mail addressed to
29 the obligor at his or her last known address. The notice
30 shall state that the following circumstances have occurred:
31 (a) The parties' written agreement providing an
32 alternative arrangement to immediate withholding under
33 paragraph (1) of this subsection no longer provides for
34 timely payment of all support due; or
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1 (b) The obligor has not made timely payments in
2 that the obligor has been at least 7 days late in paying
3 all or part of the order for support any of the last 6
4 consecutive dates payments were due prior to the date of
5 the notice for immediate withholding.
6 The notice for immediate withholding shall clearly state
7 that a specially certified copy of the order for withholding
8 will be sent to the payor, unless the obligor files a
9 petition contesting immediate withholding within 20 days
10 after service of the notice; however, the grounds for the
11 petition shall be limited to a dispute concerning whether the
12 circumstances stated in the notice have occurred or the
13 identity of the obligor. It shall not be grounds for the
14 petition that the obligor has made all payments due by the
15 date of the petition.
16 If the obligor files a petition contesting immediate
17 withholding within the 20-day period required under this
18 paragraph, the Clerk of the Circuit Court shall notify the
19 obligor and the obligee or public office, as appropriate, of
20 the time and place of the hearing on the petition. Upon
21 hearing the petition, the court shall enter an order granting
22 or denying relief. It shall not be grounds for granting the
23 obligor's petition that he or she has made all payments due
24 by the date of hearing. If the court denies the obligor's
25 petition, it shall order immediate service of the order for
26 withholding and direct the clerk to provide a specially
27 certified copy of the order for withholding to the obligee or
28 public office indicating that the requirements for immediate
29 withholding under this paragraph have been met.
30 If the obligor does not file a petition contesting
31 immediate withholding within the 20-day period, the obligee
32 or public office shall file with the Clerk of the Circuit
33 Court an affidavit, with a copy of the notice for immediate
34 withholding attached thereto, stating that the notice was
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1 duly served and the date on which service was effected, and
2 that the obligor has not filed a petition contesting
3 immediate withholding. The clerk shall then provide to the
4 obligee or public office a specially certified copy of the
5 order for withholding indicating that the requirements for
6 immediate withholding under this paragraph have been met.
7 Upon receipt of a specially certified copy of the order
8 for withholding, the obligee or public office may serve the
9 order on the payor, its superintendent, manager or other
10 agent, by certified mail or personal delivery. A proof of
11 service shall be filed with the Clerk of the Circuit Court.
12 (C) Notice of Delinquency.
13 (1) Whenever an obligor becomes delinquent in payment of
14 an amount equal to at least one month's support obligation
15 pursuant to the order for support or is at least 30 days late
16 in complying with all or part of the order for support,
17 whichever occurs first, the obligee or public office may
18 prepare and serve a verified notice of delinquency, together
19 with a form petition to stay service, pursuant to paragraph
20 (3) of this subsection.
21 (2) The notice of delinquency shall recite the terms of
22 the order for support and contain a computation of the period
23 and total amount of the delinquency, as of the date of the
24 notice. The notice shall clearly state that it will be sent
25 to the payor, together with a specially certified copy of the
26 order for withholding, except as provided in subsection (F),
27 unless the obligor files a petition to stay service in
28 accordance with paragraph (1) of subsection (D).
29 (3) The notice of delinquency shall be served by
30 ordinary mail addressed to the obligor at his or her last
31 known address.
32 (4) The obligor may execute a written waiver of the
33 provisions of paragraphs (1) through (3) of this subsection
34 and request immediate service upon the payor.
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1 (D) Procedures to Avoid Income Withholding.
2 (1) Except as provided in subsection (F), the obligor
3 may prevent an order for withholding from being served by
4 filing a petition to stay service with the Clerk of the
5 Circuit Court, within 20 days after service of the notice of
6 delinquency; however, the grounds for the petition to stay
7 service shall be limited to a dispute concerning: (a) the
8 amount of current support or the existence or amount of the
9 delinquency; or (b) the identity of the obligor.
10 The Clerk of the Circuit Court shall notify the obligor
11 and the obligee or public office, as appropriate, of the time
12 and place of the hearing on the petition to stay service. The
13 court shall hold such hearing pursuant to the provisions of
14 subsection (H).
15 (2) Except as provided in subsection (F), filing of a
16 petition to stay service, within the 20-day period required
17 under this subsection, shall prohibit the obligee or public
18 office from serving the order for withholding on any payor of
19 the obligor.
20 (E) Initial Service of Order for Withholding.
21 (1) Except as provided in subsection (F), in order to
22 serve an order for withholding upon a payor, an obligee or
23 public office shall follow the procedures set forth in this
24 subsection. After 20 days following service of the notice of
25 delinquency, the obligee or public office shall file with the
26 Clerk of the Circuit Court an affidavit, with the copy of the
27 notice of delinquency attached thereto, stating:
28 (a) that the notice of delinquency has been duly
29 served and the date on which service was effected; and
30 (b) that the obligor has not filed a petition to
31 stay service, or in the alternative
32 (c) that the obligor has waived the provisions of
33 subparagraphs (a) and (b) of this paragraph (1) in
34 accordance with subsection (C)(4).
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1 (2) Upon request of the obligee or public office, the
2 Clerk of the Circuit Court shall: (a) make available any
3 record of payment; and (b) determine that the file contains a
4 copy of the affidavit described in paragraph (1). The Clerk
5 shall then provide to the obligee or public office a
6 specially certified copy of the order for withholding and the
7 notice of delinquency indicating that the preconditions for
8 service have been met.
9 (3) The obligee or public office may then serve the
10 notice of delinquency and order for withholding on the payor,
11 its superintendent, manager or other agent, by regular or
12 certified mail or facsimile personal delivery. A proof of
13 service shall be filed with the Clerk of the Circuit Court.
14 (F) Subsequent Service of Order for Withholding.
15 (1) Notwithstanding the provisions of this Section, at
16 any time after the court has ordered immediate service of an
17 order for withholding or after initial service of an order
18 for withholding pursuant to subsection (E), the obligee or
19 public office may serve the order for withholding upon any
20 payor of the obligor without further notice to the obligor.
21 The obligee or public office shall provide notice to the
22 payor, pursuant to paragraph (6) of subsection (I), of any
23 payments that have been made through previous withholding or
24 any other method.
25 (2) The Clerk of the Circuit Court shall, upon request,
26 provide the obligee or public office with specially certified
27 copies of the order for withholding or the notice of
28 delinquency or both whenever the Court has ordered immediate
29 service of an order for withholding or an affidavit has been
30 placed in the court file indicating that the preconditions
31 for service have been previously met. The obligee or public
32 office may then serve the order for withholding on the payor,
33 its superintendent, manager or other agent by regular or
34 certified mail or facsimile personal delivery. A proof of
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1 service shall be filed with the Clerk of the Circuit Court.
2 (3) If a delinquency has accrued for any reason, the
3 obligee or public office may serve a notice of delinquency
4 upon the obligor pursuant to subsection (C). The obligor may
5 prevent the notice of delinquency from being served upon the
6 payor by utilizing the procedures set forth in subsection
7 (D). If no petition to stay service has been filed within the
8 required 20 day time period, the obligee or public office may
9 serve the notice of delinquency on the payor by utilizing the
10 procedures for service set forth in subsection (E).
11 (4) New service of an order for withholding is not
12 required in order to resume withholding of income in the case
13 of an obligor with respect to whom an order for withholding
14 was previously served on the payor if withholding of income
15 was terminated because of an interruption in the obligor's
16 employment of less than 180 days.
17 (G) Duties of Payor.
18 (1) It shall be the duty of any payor who has been
19 served with a copy of the specially certified order for
20 withholding and any notice of delinquency to deduct and pay
21 over income as provided in this subsection. The payor shall
22 deduct the amount designated in the order for withholding, as
23 supplemented by the notice of delinquency and any notice
24 provided pursuant to paragraph (6) of subsection (I),
25 beginning no later than the next payment of income which is
26 payable to the obligor that occurs 14 days following the date
27 the order and any notice were mailed by certified mail or
28 placed for personal delivery. The payor may combine all
29 amounts withheld for the benefit of an obligee or public
30 office into a single payment and transmit the payment with a
31 listing of obligors from whom withholding has been effected.
32 The payor shall pay the amount withheld to the obligee or
33 public office within 10 calendar days of the date income is
34 paid to the obligor in accordance with the order for
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1 withholding and any subsequent notification received from the
2 public office redirecting payments. If the payor knowingly
3 fails to pay any amount withheld to the obligee or public
4 office within 10 calendar days of the date income is paid to
5 the obligor, the payor shall pay a penalty of $100 for each
6 day that the withheld amount is not paid to the obligee or
7 public office after the period of 10 calendar days has
8 expired. The failure of a payor, on more than one occasion,
9 to pay amounts withheld to the obligee or public office
10 within 10 calendar days of the date income is paid to the
11 obligor creates a presumption that the payor knowingly failed
12 to pay the amounts. This penalty may be collected in a civil
13 action which may be brought against the payor in favor of the
14 obligee. A finding of a payor's nonperformance within the
15 time required under this Section must be documented by a
16 certified mail return receipt showing the date the order for
17 withholding was served on the payor. For purposes of this
18 Section, a withheld amount shall be considered paid by a
19 payor on the date it is mailed by the payor, or on the date
20 an electronic funds transfer of the amount has been initiated
21 by the payor, or on the date delivery of the amount has been
22 initiated by the payor. For each deduction, the payor shall
23 provide the obligee or public office, at the time of
24 transmittal, with the date income was paid from which support
25 was withheld.
26 Upon receipt of an order requiring that a minor child be
27 named as a beneficiary of a health insurance plan available
28 through an employer or labor union or trade union, the
29 employer or labor union or trade union shall immediately
30 enroll the minor child as a beneficiary in the health
31 insurance plan designated by the court order. The employer
32 shall withhold any required premiums and pay over any amounts
33 so withheld and any additional amounts the employer pays to
34 the insurance carrier in a timely manner. The employer or
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1 labor union or trade union shall mail to the obligee, within
2 15 days of enrollment or upon request, notice of the date of
3 coverage, information on the dependent coverage plan, and all
4 forms necessary to obtain reimbursement for covered health
5 expenses, such as would be made available to a new employee.
6 When an order for dependent coverage is in effect and the
7 insurance coverage is terminated or changed for any reason,
8 the employer or labor union or trade union shall notify the
9 obligee within 10 days of the termination or change date
10 along with notice of conversion privileges.
11 For withholding of income, the payor shall be entitled to
12 receive a fee not to exceed $5 per month to be taken from the
13 income to be paid to the obligor.
14 (2) Whenever the obligor is no longer receiving income
15 from the payor, the payor shall return a copy of the order
16 for withholding to the obligee or public office and shall
17 provide information for the purpose of enforcing this
18 Section.
19 (3) Withholding of income under this Section shall be
20 made without regard to any prior or subsequent garnishments,
21 attachments, wage assignments, or any other claims of
22 creditors. Withholding of income under this Section shall
23 not be in excess of the maximum amounts permitted under the
24 federal Consumer Credit Protection Act. If the payor has been
25 served with more than one order for withholding pertaining to
26 the same obligor, the payor shall allocate income available
27 for withholding on a proportionate share basis, giving
28 priority to current support payments. If there is any income
29 available for withholding after withholding for all current
30 support obligations, the payor shall allocate the income to
31 past due support payments ordered in non-AFDC matters and
32 then to past due support payments ordered in AFDC matters,
33 both on a proportionate share basis. Payment as required by
34 the order for withholding shall be a complete defense by the
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1 payor against any claims of the obligor or his creditors as
2 to the sum so paid.
3 (4) No payor shall discharge, discipline, refuse to hire
4 or otherwise penalize any obligor because of the duty to
5 withhold income.
6 (H) Petitions to Stay Service or to Modify, Suspend or
7 Terminate Orders for Withholding.
8 (1) When an obligor files a petition to stay service,
9 the court, after due notice to all parties, shall hear the
10 matter as soon as practicable and shall enter an order
11 granting or denying relief, amending the notice of
12 delinquency, amending the order for withholding, where
13 applicable, or otherwise resolving the matter. If the court
14 finds that a delinquency existed when the notice of
15 delinquency was served upon the obligor, in an amount of at
16 least one month's support obligation, or that the obligor was
17 at least 30 days late in paying all or part of the order for
18 support, the court shall order immediate service of the order
19 for withholding. Where the court cannot promptly resolve any
20 dispute over the amount of the delinquency, the court may
21 order immediate service of the order for withholding as to
22 any undisputed amounts specified in an amended notice of
23 delinquency, and may continue the hearing on the disputed
24 amounts.
25 (2) At any time, an obligor, obligee, public office or
26 Clerk of the Circuit Court may petition the court to:
27 (a) modify, suspend or terminate the order for
28 withholding because of a modification, suspension or
29 termination of the underlying order for support; or
30 (b) modify the amount of income to be withheld to
31 reflect payment in full or in part of the delinquency or
32 arrearage by income withholding or otherwise; or
33 (c) suspend the order for withholding because of
34 inability to deliver income withheld to the obligee due
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1 to the obligee's failure to provide a mailing address or
2 other means of delivery.
3 (3) The obligor, obligee or public office shall serve on
4 the payor, by certified mail or personal delivery, a copy of
5 any order entered pursuant to this subsection that affects
6 the duties of the payor.
7 (4) At any time, a public office or Clerk of the Circuit
8 Court may serve a notice on the payor to:
9 (a) cease withholding of income for payment of
10 current support for a child when the support obligation
11 for that child has automatically ceased under the order
12 for support through emancipation or otherwise; or
13 (b) cease withholding of income for payment of
14 delinquency or arrearage when the delinquency or
15 arrearage has been paid in full.
16 (5) The notice provided for under paragraph (4) of this
17 subsection shall be served on the payor by ordinary mail, and
18 a copy shall be provided to the obligor and the obligee. A
19 copy of the notice shall be filed with the Clerk of the
20 Circuit Court.
21 (6) The order for withholding shall continue to be
22 binding upon the payor until service of any order of the
23 court or notice entered or provided for under this
24 subsection.
25 (I) Additional Duties.
26 (1) An obligee who is receiving income withholding
27 payments under this Section shall notify the payor, if the
28 obligee receives the payments directly from the payor, or the
29 public office or the Clerk of the Circuit Court, as
30 appropriate, of any change of address within 7 days of such
31 change.
32 (2) An obligee who is a recipient of public aid shall
33 send a copy of any notice of delinquency filed pursuant to
34 subsection (C) to the Bureau of Child Support of the Illinois
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1 Department of Public Aid.
2 (3) Each obligor shall notify the obligee and the Clerk
3 of the Circuit Court of any change of address within 7 days.
4 (4) An obligor whose income is being withheld or who has
5 been served with a notice of delinquency pursuant to this
6 Section shall notify the obligee and the Clerk of the Circuit
7 Court of any new payor, within 7 days.
8 (5) When the Illinois Department of Public Aid is no
9 longer authorized to receive payments for the obligee, it
10 shall, within 7 days, notify the payor or, where appropriate,
11 the Clerk of the Circuit Court, to redirect income
12 withholding payments to the obligee.
13 (6) The obligee or public office shall provide notice to
14 the payor and Clerk of the Circuit Court of any other support
15 payment made, including but not limited to, a set-off under
16 federal and State law or partial payment of the delinquency
17 or arrearage, or both.
18 (7) Any public office and Clerk of the Circuit Court
19 which collects, disburses or receives payments pursuant to
20 orders for withholding shall maintain complete, accurate, and
21 clear records of all payments and their disbursements.
22 Certified copies of payment records maintained by a public
23 office or Clerk of the Circuit Court shall, without further
24 proof, be admitted into evidence in any legal proceedings
25 under this Section.
26 (8) The Illinois Department of Public Aid shall design
27 suggested legal forms for proceeding under this Section and
28 shall make available to the courts such forms and
29 informational materials which describe the procedures and
30 remedies set forth herein for distribution to all parties in
31 support actions.
32 (9) At the time of transmitting each support payment,
33 the clerk of the circuit court shall provide the obligee or
34 public office, as appropriate, with any information furnished
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1 by the payor as to the date income was paid from which such
2 support was withheld.
3 (J) Penalties.
4 (1) Where a payor wilfully fails to withhold or pay over
5 income pursuant to a properly served, specially certified
6 order for withholding and any notice of delinquency, or
7 wilfully discharges, disciplines, refuses to hire or
8 otherwise penalizes an obligor as prohibited by subsection
9 (G), or otherwise fails to comply with any duties imposed by
10 this Section, the obligee, public office or obligor, as
11 appropriate, may file a complaint with the court against the
12 payor. The clerk of the circuit court shall notify the
13 obligee or public office, as appropriate, and the obligor and
14 payor of the time and place of the hearing on the complaint.
15 The court shall resolve any factual dispute including, but
16 not limited to, a denial that the payor is paying or has paid
17 income to the obligor. Upon a finding in favor of the
18 complaining party, the court:
19 (a) shall enter judgment and order the enforcement
20 thereof for the total amount that the payor wilfully
21 failed to withhold or pay over; and
22 (b) may order employment or reinstatement of or
23 restitution to the obligor, or both, where the obligor
24 has been discharged, disciplined, denied employment or
25 otherwise penalized by the payor and may impose a fine
26 upon the payor not to exceed $200.
27 (2) Any obligee, public office or obligor who wilfully
28 initiates a false proceeding under this Section or who
29 wilfully fails to comply with the requirements of this
30 Section shall be punished as in cases of contempt of court.
31 (K) Alternative Procedures for Entry and Service of an Order
32 for Withholding.
33 (1) Effective January 1, 1987, in any matter in which an
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1 order for withholding has not been entered for any reason,
2 based upon the last order for support that has been entered,
3 and in which the obligor has become delinquent in payment of
4 an amount equal to at least one month's support obligation
5 pursuant to the last order for support or is at least 30 days
6 late in complying with all or part of the order for support,
7 the obligee or public office may prepare and serve an order
8 for withholding pursuant to the procedures set forth in this
9 subsection.
10 (2) The obligee or public office shall:
11 (a) prepare a proposed order for withholding for
12 immediate service as provided by paragraphs (1) and (3)
13 of subsection (B), except that the minimum 20%
14 delinquency payment shall be used;
15 (b) prepare a notice of delinquency as provided by
16 paragraphs (1) and (2) of subsection (C), except the
17 notice shall state further that the order for withholding
18 has not been entered by the court and the conditions
19 under which the order will be entered; and
20 (c) serve the notice of delinquency and form
21 petition to stay service as provided by paragraph (3) of
22 subsection (C), together with the proposed order for
23 withholding, which shall be marked "COPY ONLY".
24 (3) After 20 days following service of the notice of
25 delinquency and proposed order for withholding, in lieu of
26 the provisions of subsection (E), the obligee or public
27 office shall file with the Clerk of the Circuit Court an
28 affidavit, with a copy of the notice of delinquency and
29 proposed order for withholding attached thereto, stating
30 that:
31 (a) the notice of delinquency and proposed order
32 for withholding have been served upon the obligor and the
33 date on which service was effected;
34 (b) the obligor has not filed a petition to stay
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1 service within 20 days of service of such notice and
2 order; and
3 (c) the proposed order for withholding accurately
4 states the terms and amounts contained in the last order
5 for support.
6 (4) Upon the court's satisfaction that the procedures
7 set forth in this subsection have been met, it shall enter
8 the order for withholding.
9 (5) The Clerk shall then provide to the obligee or
10 public office a specially certified copy of the order for
11 withholding and the notice of delinquency indicating that the
12 preconditions for service have been met.
13 (6) The obligee or public office shall serve the
14 specially certified copies of the order for withholding and
15 the notice of delinquency on the payor, its superintendent,
16 manager or other agent by certified mail or personal
17 delivery. A proof of service shall be filed with the Clerk
18 of the Circuit Court.
19 (7) If the obligor requests in writing that income
20 withholding become effective prior to becoming delinquent in
21 payment of an amount equal to one month's support obligation
22 pursuant to the last order for support, or prior to becoming
23 30 days late in paying all or part of the order for support,
24 the obligee or public office shall file an affidavit with the
25 Clerk of the circuit Court, with a proposed order for
26 withholding attached, stating that the proposed order
27 accurately states the terms and amounts contained in the last
28 order for support and the obligor's request for immediate
29 service. The provisions of paragraphs (4) through (6) of
30 this subsection shall apply, except that a notice of
31 delinquency shall not be required.
32 (8) All other provisions of this Section shall be
33 applicable with respect to the provisions of this subsection
34 (K), except that under paragraph (1) of subsection (H), the
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1 court may also amend the proposed order for withholding to
2 conform to the last order for support.
3 (9) Nothing in this subsection shall be construed as
4 limiting the requirements of paragraph (1) of subsection (B)
5 with respect to the entry of a separate order for withholding
6 upon entry of any order for support.
7 (L) Remedies in Addition to Other Laws.
8 (1) The rights, remedies, duties and penalties created
9 by this Section are in addition to and not in substitution
10 for any other rights, remedies, duties and penalties created
11 by any other law.
12 (2) Nothing in this Section shall be construed as
13 invalidating any assignment of wages or benefits executed
14 prior to July 1, 1985.
15 (Source: P.A. 87-529; 87-935; 87-988; 87-1105; 88-26; 88-45;
16 88-94; 88-131; 88-307; 88-670, eff. 12-2-94.)
17 (Text of Section after amendment by P.A.89-507)
18 Sec. 20. Withholding of Income to Secure Payment of
19 Support.
20 (A) Definitions.
21 (1) "Order for support" means any order of the court
22 which provides for periodic payment of funds for the support
23 of a child, whether temporary or final, and includes any such
24 order which provides for:
25 (a) modification or resumption of, or payment of
26 arrearage accrued under, a previously existing order;
27 (b) reimbursement of support;
28 (c) payment or reimbursement of the expense of
29 pregnancy and delivery; or
30 (d) enrollment in a health insurance plan that is
31 available to the obligor through an employer or labor
32 union or trade union.
33 (2) "Arrearage" means the total amount of unpaid support
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1 obligations.
2 (3) "Delinquency" means any payment under an order for
3 support which becomes due and remains unpaid after an order
4 for withholding has been entered under subsection (B) or, for
5 purposes of subsection (K), after the last order for support
6 was entered for which no order for withholding was entered.
7 (4) "Income" means any form of periodic payment to an
8 individual, regardless of source, including, but not limited
9 to: wages, salary, commission, compensation as an independent
10 contractor, workers' compensation, disability, annuity and
11 retirement benefits, lottery prize awards, insurance
12 proceeds, vacation pay, bonuses, profit-sharing payments and
13 any other payments, made by any person, private entity,
14 federal or state government, any unit of local government,
15 school district or any entity created by Public Act; however,
16 "income" excludes:
17 (a) any amounts required by law to be withheld,
18 other than creditor claims, including, but not limited
19 to, federal, State and local taxes, Social Security and
20 other retirement and disability contributions;
21 (b) union dues;
22 (c) any amounts exempted by the federal Consumer
23 Credit Protection Act;
24 (d) public assistance payments; and
25 (e) unemployment insurance benefits except as
26 provided by law.
27 Any other State or local laws which limit or exempt
28 income or the amount or percentage of income that can be
29 withheld shall not apply.
30 (5) "Obligor" means the individual who owes a duty to
31 make payments under an order for support.
32 (6) "Obligee" means the individual to whom a duty of
33 support is owed or the individual's legal representative.
34 (7) "Payor" means any payor of income to an obligor.
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1 (8) "Public office" means any elected official or any
2 State or local agency which is or may become responsible by
3 law for enforcement of, or which is or may become authorized
4 to enforce, an order for support, including, but not limited
5 to: the Attorney General, the Illinois Department of Public
6 Aid, the Illinois Department of Human Services, the Illinois
7 Department of Children and Family Services, and the various
8 State's Attorneys, Clerks of the Circuit Court and
9 supervisors of general assistance.
10 (9) "Premium" means the dollar amount for which the
11 obligor is liable to his employer or labor union or trade
12 union and which must be paid to enroll or maintain a child in
13 a health insurance plan that is available to the obligor
14 through an employer or labor union or trade union.
15 (B) Entry of an Order for Withholding.
16 (1) Upon entry of any order for support on or after July
17 1, 1985, the court shall enter a separate order for
18 withholding which shall not take effect unless the obligor
19 becomes delinquent in paying the order for support or the
20 obligor requests an earlier effective date; except that the
21 court may require the order for withholding to take effect
22 immediately.
23 On or after January 1, 1989, the court shall require the
24 order for withholding to take effect immediately, unless a
25 written agreement is reached between and signed by both
26 parties providing for an alternative arrangement, approved
27 and entered into the record by the court, which insures
28 payment of support. In that case, the court shall enter the
29 order for withholding which will not take effect unless the
30 obligor becomes delinquent in paying the order for support.
31 Upon entry of any order of support on or after September
32 11, 1989, if the obligor is not a United States citizen, the
33 obligor shall provide to the court the obligor's alien
34 registration number, passport number, and home country's
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1 social security or national health number, if applicable; the
2 court shall make the information part of the record in the
3 case.
4 (2) An order for withholding shall be entered upon
5 petition by the obligee or public office where an order for
6 withholding has not been previously entered.
7 (3) The order for withholding shall:
8 (a) direct any payor to withhold a dollar amount
9 equal to the order for support; and
10 (b) direct any payor to withhold an additional
11 dollar amount, not less than 20% of the order for
12 support, until payment in full of any delinquency stated
13 in the notice of delinquency provided for in subsection
14 (C) or (F) of this Section; and
15 (c) direct any payor or labor union or trade union
16 to enroll a child as a beneficiary of a health insurance
17 plan and withhold or cause to be withheld, if applicable,
18 any required premiums; and
19 (d) state the rights, remedies and duties of the
20 obligor under this Section; and
21 (e) include the obligor's Social Security Number,
22 which the obligor shall disclose to the court; and
23 (f) 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) At the time the order for withholding is entered,
28 the Clerk of the Circuit Court shall provide a copy of the
29 order for withholding and the order for support to the
30 obligor and shall make copies available to the obligee and
31 public office. Any copy of the order for withholding
32 furnished to the parties under this subsection shall be
33 stamped "Not Valid".
34 (5) The order for withholding shall remain in effect for
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1 as long as the order for support upon which it is based.
2 (6) The failure of an order for withholding to state an
3 arrearage is not conclusive of the issue of whether an
4 arrearage is owing.
5 (7) Notwithstanding the provisions of this subsection,
6 if the court finds at the time of any hearing that arrearage
7 has accrued in an amount equal to at least one month's
8 support obligation or that the obligor is 30 days late in
9 paying all or part of the order for support, the court shall
10 order immediate service of the order for withholding upon the
11 payor.
12 (8) Where the court has not required that the order for
13 withholding take effect immediately, the obligee or public
14 office may prepare and serve a notice for immediate
15 withholding upon the obligor by ordinary mail addressed to
16 the obligor at his or her last known address. The notice
17 shall state that the following circumstances have occurred:
18 (a) The parties' written agreement providing an
19 alternative arrangement to immediate withholding under
20 paragraph (1) of this subsection no longer provides for
21 timely payment of all support due; or
22 (b) The obligor has not made timely payments in
23 that the obligor has been at least 7 days late in paying
24 all or part of the order for support any of the last 6
25 consecutive dates payments were due prior to the date of
26 the notice for immediate withholding.
27 The notice for immediate withholding shall clearly state
28 that a specially certified copy of the order for withholding
29 will be sent to the payor, unless the obligor files a
30 petition contesting immediate withholding within 20 days
31 after service of the notice; however, the grounds for the
32 petition shall be limited to a dispute concerning whether the
33 circumstances stated in the notice have occurred or the
34 identity of the obligor. It shall not be grounds for the
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1 petition that the obligor has made all payments due by the
2 date of the petition.
3 If the obligor files a petition contesting immediate
4 withholding within the 20-day period required under this
5 paragraph, the Clerk of the Circuit Court shall notify the
6 obligor and the obligee or public office, as appropriate, of
7 the time and place of the hearing on the petition. Upon
8 hearing the petition, the court shall enter an order granting
9 or denying relief. It shall not be grounds for granting the
10 obligor's petition that he or she has made all payments due
11 by the date of hearing. If the court denies the obligor's
12 petition, it shall order immediate service of the order for
13 withholding and direct the clerk to provide a specially
14 certified copy of the order for withholding to the obligee or
15 public office indicating that the requirements for immediate
16 withholding under this paragraph have been met.
17 If the obligor does not file a petition contesting
18 immediate withholding within the 20-day period, the obligee
19 or public office shall file with the Clerk of the Circuit
20 Court an affidavit, with a copy of the notice for immediate
21 withholding attached thereto, stating that the notice was
22 duly served and the date on which service was effected, and
23 that the obligor has not filed a petition contesting
24 immediate withholding. The clerk shall then provide to the
25 obligee or public office a specially certified copy of the
26 order for withholding indicating that the requirements for
27 immediate withholding under this paragraph have been met.
28 Upon receipt of a specially certified copy of the order
29 for withholding, the obligee or public office may serve the
30 order on the payor, its superintendent, manager or other
31 agent, by certified mail or personal delivery. A proof of
32 service shall be filed with the Clerk of the Circuit Court.
33 (C) Notice of Delinquency.
34 (1) Whenever an obligor becomes delinquent in payment of
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1 an amount equal to at least one month's support obligation
2 pursuant to the order for support or is at least 30 days late
3 in complying with all or part of the order for support,
4 whichever occurs first, the obligee or public office may
5 prepare and serve a verified notice of delinquency, together
6 with a form petition to stay service, pursuant to paragraph
7 (3) of this subsection.
8 (2) The notice of delinquency shall recite the terms of
9 the order for support and contain a computation of the period
10 and total amount of the delinquency, as of the date of the
11 notice. The notice shall clearly state that it will be sent
12 to the payor, together with a specially certified copy of the
13 order for withholding, except as provided in subsection (F),
14 unless the obligor files a petition to stay service in
15 accordance with paragraph (1) of subsection (D).
16 (3) The notice of delinquency shall be served by
17 ordinary mail addressed to the obligor at his or her last
18 known address.
19 (4) The obligor may execute a written waiver of the
20 provisions of paragraphs (1) through (3) of this subsection
21 and request immediate service upon the payor.
22 (D) Procedures to Avoid Income Withholding.
23 (1) Except as provided in subsection (F), the obligor
24 may prevent an order for withholding from being served by
25 filing a petition to stay service with the Clerk of the
26 Circuit Court, within 20 days after service of the notice of
27 delinquency; however, the grounds for the petition to stay
28 service shall be limited to a dispute concerning: (a) the
29 amount of current support or the existence or amount of the
30 delinquency; or (b) the identity of the obligor.
31 The Clerk of the Circuit Court shall notify the obligor
32 and the obligee or public office, as appropriate, of the time
33 and place of the hearing on the petition to stay service. The
34 court shall hold such hearing pursuant to the provisions of
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1 subsection (H).
2 (2) Except as provided in subsection (F), filing of a
3 petition to stay service, within the 20-day period required
4 under this subsection, shall prohibit the obligee or public
5 office from serving the order for withholding on any payor of
6 the obligor.
7 (E) Initial Service of Order for Withholding.
8 (1) Except as provided in subsection (F), in order to
9 serve an order for withholding upon a payor, an obligee or
10 public office shall follow the procedures set forth in this
11 subsection. After 20 days following service of the notice of
12 delinquency, the obligee or public office shall file with the
13 Clerk of the Circuit Court an affidavit, with the copy of the
14 notice of delinquency attached thereto, stating:
15 (a) that the notice of delinquency has been duly
16 served and the date on which service was effected; and
17 (b) that the obligor has not filed a petition to
18 stay service, or in the alternative
19 (c) that the obligor has waived the provisions of
20 subparagraphs (a) and (b) of this paragraph (1) in
21 accordance with subsection (C)(4).
22 (2) Upon request of the obligee or public office, the
23 Clerk of the Circuit Court shall: (a) make available any
24 record of payment; and (b) determine that the file contains a
25 copy of the affidavit described in paragraph (1). The Clerk
26 shall then provide to the obligee or public office a
27 specially certified copy of the order for withholding and the
28 notice of delinquency indicating that the preconditions for
29 service have been met.
30 (3) The obligee or public office may then serve the
31 notice of delinquency and order for withholding on the payor,
32 its superintendent, manager or other agent, by regular or
33 certified mail or facsimile personal delivery. A proof of
34 service shall be filed with the Clerk of the Circuit Court.
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1 (F) Subsequent Service of Order for Withholding.
2 (1) Notwithstanding the provisions of this Section, at
3 any time after the court has ordered immediate service of an
4 order for withholding or after initial service of an order
5 for withholding pursuant to subsection (E), the obligee or
6 public office may serve the order for withholding upon any
7 payor of the obligor without further notice to the obligor.
8 The obligee or public office shall provide notice to the
9 payor, pursuant to paragraph (6) of subsection (I), of any
10 payments that have been made through previous withholding or
11 any other method.
12 (2) The Clerk of the Circuit Court shall, upon request,
13 provide the obligee or public office with specially certified
14 copies of the order for withholding or the notice of
15 delinquency or both whenever the Court has ordered immediate
16 service of an order for withholding or an affidavit has been
17 placed in the court file indicating that the preconditions
18 for service have been previously met. The obligee or public
19 office may then serve the order for withholding on the payor,
20 its superintendent, manager or other agent by regular or
21 certified mail or facsimile personal delivery. A proof of
22 service shall be filed with the Clerk of the Circuit Court.
23 (3) If a delinquency has accrued for any reason, the
24 obligee or public office may serve a notice of delinquency
25 upon the obligor pursuant to subsection (C). The obligor may
26 prevent the notice of delinquency from being served upon the
27 payor by utilizing the procedures set forth in subsection
28 (D). If no petition to stay service has been filed within the
29 required 20 day time period, the obligee or public office may
30 serve the notice of delinquency on the payor by utilizing the
31 procedures for service set forth in subsection (E).
32 (4) New service of an order for withholding is not
33 required in order to resume withholding of income in the case
34 of an obligor with respect to whom an order for withholding
SB1024 Enrolled -170- LRB9003396DJcd
1 was previously served on the payor if withholding of income
2 was terminated because of an interruption in the obligor's
3 employment of less than 180 days.
4 (G) Duties of Payor.
5 (1) It shall be the duty of any payor who has been
6 served with a copy of the specially certified order for
7 withholding and any notice of delinquency to deduct and pay
8 over income as provided in this subsection. The payor shall
9 deduct the amount designated in the order for withholding, as
10 supplemented by the notice of delinquency and any notice
11 provided pursuant to paragraph (6) of subsection (I),
12 beginning no later than the next payment of income which is
13 payable to the obligor that occurs 14 days following the date
14 the order and any notice were mailed by certified mail or
15 placed for personal delivery. The payor may combine all
16 amounts withheld for the benefit of an obligee or public
17 office into a single payment and transmit the payment with a
18 listing of obligors from whom withholding has been effected.
19 The payor shall pay the amount withheld to the obligee or
20 public office within 10 calendar days of the date income is
21 paid to the obligor in accordance with the order for
22 withholding and any subsequent notification received from the
23 public office redirecting payments. If the payor knowingly
24 fails to pay any amount withheld to the obligee or public
25 office within 10 calendar days of the date income is paid to
26 the obligor, the payor shall pay a penalty of $100 for each
27 day that the withheld amount is not paid to the obligee or
28 public office after the period of 10 calendar days has
29 expired. The failure of a payor, on more than one occasion,
30 to pay amounts withheld to the obligee or public office
31 within 10 calendar days of the date income is paid to the
32 obligor creates a presumption that the payor knowingly failed
33 to pay the amounts. This penalty may be collected in a civil
34 action which may be brought against the payor in favor of the
SB1024 Enrolled -171- LRB9003396DJcd
1 obligee. A finding of a payor's nonperformance within the
2 time required under this Section must be documented by a
3 certified mail return receipt showing the date the order for
4 withholding was served on the payor. For purposes of this
5 Section, a withheld amount shall be considered paid by a
6 payor on the date it is mailed by the payor, or on the date
7 an electronic funds transfer of the amount has been initiated
8 by the payor, or on the date delivery of the amount has been
9 initiated by the payor. For each deduction, the payor shall
10 provide the obligee or public office, at the time of
11 transmittal, with the date income was paid from which support
12 was withheld.
13 Upon receipt of an order requiring that a minor child be
14 named as a beneficiary of a health insurance plan available
15 through an employer or labor union or trade union, the
16 employer or labor union or trade union shall immediately
17 enroll the minor child as a beneficiary in the health
18 insurance plan designated by the court order. The employer
19 shall withhold any required premiums and pay over any amounts
20 so withheld and any additional amounts the employer pays to
21 the insurance carrier in a timely manner. The employer or
22 labor union or trade union shall mail to the obligee, within
23 15 days of enrollment or upon request, notice of the date of
24 coverage, information on the dependent coverage plan, and all
25 forms necessary to obtain reimbursement for covered health
26 expenses, such as would be made available to a new employee.
27 When an order for dependent coverage is in effect and the
28 insurance coverage is terminated or changed for any reason,
29 the employer or labor union or trade union shall notify the
30 obligee within 10 days of the termination or change date
31 along with notice of conversion privileges.
32 For withholding of income, the payor shall be entitled to
33 receive a fee not to exceed $5 per month to be taken from the
34 income to be paid to the obligor.
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1 (2) Whenever the obligor is no longer receiving income
2 from the payor, the payor shall return a copy of the order
3 for withholding to the obligee or public office and shall
4 provide information for the purpose of enforcing this
5 Section.
6 (3) Withholding of income under this Section shall be
7 made without regard to any prior or subsequent garnishments,
8 attachments, wage assignments, or any other claims of
9 creditors. Withholding of income under this Section shall
10 not be in excess of the maximum amounts permitted under the
11 federal Consumer Credit Protection Act. If the payor has been
12 served with more than one order for withholding pertaining to
13 the same obligor, the payor shall allocate income available
14 for withholding on a proportionate share basis, giving
15 priority to current support payments. If there is any income
16 available for withholding after withholding for all current
17 support obligations, the payor shall allocate the income to
18 past due support payments ordered in non-AFDC matters and
19 then to past due support payments ordered in AFDC matters,
20 both on a proportionate share basis. Payment as required by
21 the order for withholding shall be a complete defense by the
22 payor against any claims of the obligor or his creditors as
23 to the sum so paid.
24 (4) No payor shall discharge, discipline, refuse to hire
25 or otherwise penalize any obligor because of the duty to
26 withhold income.
27 (H) Petitions to Stay Service or to Modify, Suspend or
28 Terminate Orders for Withholding.
29 (1) When an obligor files a petition to stay service,
30 the court, after due notice to all parties, shall hear the
31 matter as soon as practicable and shall enter an order
32 granting or denying relief, amending the notice of
33 delinquency, amending the order for withholding, where
34 applicable, or otherwise resolving the matter. If the court
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1 finds that a delinquency existed when the notice of
2 delinquency was served upon the obligor, in an amount of at
3 least one month's support obligation, or that the obligor was
4 at least 30 days late in paying all or part of the order for
5 support, the court shall order immediate service of the order
6 for withholding. Where the court cannot promptly resolve any
7 dispute over the amount of the delinquency, the court may
8 order immediate service of the order for withholding as to
9 any undisputed amounts specified in an amended notice of
10 delinquency, and may continue the hearing on the disputed
11 amounts.
12 (2) At any time, an obligor, obligee, public office or
13 Clerk of the Circuit Court may petition the court to:
14 (a) modify, suspend or terminate the order for
15 withholding because of a modification, suspension or
16 termination of the underlying order for support; or
17 (b) modify the amount of income to be withheld to
18 reflect payment in full or in part of the delinquency or
19 arrearage by income withholding or otherwise; or
20 (c) suspend the order for withholding because of
21 inability to deliver income withheld to the obligee due
22 to the obligee's failure to provide a mailing address or
23 other means of delivery.
24 (3) The obligor, obligee or public office shall serve on
25 the payor, by certified mail or personal delivery, a copy of
26 any order entered pursuant to this subsection that affects
27 the duties of the payor.
28 (4) At any time, a public office or Clerk of the Circuit
29 Court may serve a notice on the payor to:
30 (a) cease withholding of income for payment of
31 current support for a child when the support obligation
32 for that child has automatically ceased under the order
33 for support through emancipation or otherwise; or
34 (b) cease withholding of income for payment of
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1 delinquency or arrearage when the delinquency or
2 arrearage has been paid in full.
3 (5) The notice provided for under paragraph (4) of this
4 subsection shall be served on the payor by ordinary mail, and
5 a copy shall be provided to the obligor and the obligee. A
6 copy of the notice shall be filed with the Clerk of the
7 Circuit Court.
8 (6) The order for withholding shall continue to be
9 binding upon the payor until service of any order of the
10 court or notice entered or provided for under this
11 subsection.
12 (I) Additional Duties.
13 (1) An obligee who is receiving income withholding
14 payments under this Section shall notify the payor, if the
15 obligee receives the payments directly from the payor, or the
16 public office or the Clerk of the Circuit Court, as
17 appropriate, of any change of address within 7 days of such
18 change.
19 (2) An obligee who is a recipient of public aid shall
20 send a copy of any notice of delinquency filed pursuant to
21 subsection (C) to the Bureau of Child Support of the Illinois
22 Department of Public Aid.
23 (3) Each obligor shall notify the obligee and the Clerk
24 of the Circuit Court of any change of address within 7 days.
25 (4) An obligor whose income is being withheld or who has
26 been served with a notice of delinquency pursuant to this
27 Section shall notify the obligee and the Clerk of the Circuit
28 Court of any new payor, within 7 days.
29 (5) When the Illinois Department of Public Aid is no
30 longer authorized to receive payments for the obligee, it
31 shall, within 7 days, notify the payor or, where appropriate,
32 the Clerk of the Circuit Court, to redirect income
33 withholding payments to the obligee.
34 (6) The obligee or public office shall provide notice to
SB1024 Enrolled -175- LRB9003396DJcd
1 the payor and Clerk of the Circuit Court of any other support
2 payment made, including but not limited to, a set-off under
3 federal and State law or partial payment of the delinquency
4 or arrearage, or both.
5 (7) Any public office and Clerk of the Circuit Court
6 which collects, disburses or receives payments pursuant to
7 orders for withholding shall maintain complete, accurate, and
8 clear records of all payments and their disbursements.
9 Certified copies of payment records maintained by a public
10 office or Clerk of the Circuit Court shall, without further
11 proof, be admitted into evidence in any legal proceedings
12 under this Section.
13 (8) The Illinois Department of Public Aid shall design
14 suggested legal forms for proceeding under this Section and
15 shall make available to the courts such forms and
16 informational materials which describe the procedures and
17 remedies set forth herein for distribution to all parties in
18 support actions.
19 (9) At the time of transmitting each support payment,
20 the clerk of the circuit court shall provide the obligee or
21 public office, as appropriate, with any information furnished
22 by the payor as to the date income was paid from which such
23 support was withheld.
24 (J) Penalties.
25 (1) Where a payor wilfully fails to withhold or pay over
26 income pursuant to a properly served, specially certified
27 order for withholding and any notice of delinquency, or
28 wilfully discharges, disciplines, refuses to hire or
29 otherwise penalizes an obligor as prohibited by subsection
30 (G), or otherwise fails to comply with any duties imposed by
31 this Section, the obligee, public office or obligor, as
32 appropriate, may file a complaint with the court against the
33 payor. The clerk of the circuit court shall notify the
34 obligee or public office, as appropriate, and the obligor and
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1 payor of the time and place of the hearing on the complaint.
2 The court shall resolve any factual dispute including, but
3 not limited to, a denial that the payor is paying or has paid
4 income to the obligor. Upon a finding in favor of the
5 complaining party, the court:
6 (a) shall enter judgment and order the enforcement
7 thereof for the total amount that the payor wilfully
8 failed to withhold or pay over; and
9 (b) may order employment or reinstatement of or
10 restitution to the obligor, or both, where the obligor
11 has been discharged, disciplined, denied employment or
12 otherwise penalized by the payor and may impose a fine
13 upon the payor not to exceed $200.
14 (2) Any obligee, public office or obligor who wilfully
15 initiates a false proceeding under this Section or who
16 wilfully fails to comply with the requirements of this
17 Section shall be punished as in cases of contempt of court.
18 (K) Alternative Procedures for Entry and Service of an Order
19 for Withholding.
20 (1) Effective January 1, 1987, in any matter in which an
21 order for withholding has not been entered for any reason,
22 based upon the last order for support that has been entered,
23 and in which the obligor has become delinquent in payment of
24 an amount equal to at least one month's support obligation
25 pursuant to the last order for support or is at least 30 days
26 late in complying with all or part of the order for support,
27 the obligee or public office may prepare and serve an order
28 for withholding pursuant to the procedures set forth in this
29 subsection.
30 (2) The obligee or public office shall:
31 (a) prepare a proposed order for withholding for
32 immediate service as provided by paragraphs (1) and (3)
33 of subsection (B), except that the minimum 20%
34 delinquency payment shall be used;
SB1024 Enrolled -177- LRB9003396DJcd
1 (b) prepare a notice of delinquency as provided by
2 paragraphs (1) and (2) of subsection (C), except the
3 notice shall state further that the order for withholding
4 has not been entered by the court and the conditions
5 under which the order will be entered; and
6 (c) serve the notice of delinquency and form
7 petition to stay service as provided by paragraph (3) of
8 subsection (C), together with the proposed order for
9 withholding, which shall be marked "COPY ONLY".
10 (3) After 20 days following service of the notice of
11 delinquency and proposed order for withholding, in lieu of
12 the provisions of subsection (E), the obligee or public
13 office shall file with the Clerk of the Circuit Court an
14 affidavit, with a copy of the notice of delinquency and
15 proposed order for withholding attached thereto, stating
16 that:
17 (a) the notice of delinquency and proposed order
18 for withholding have been served upon the obligor and the
19 date on which service was effected;
20 (b) the obligor has not filed a petition to stay
21 service within 20 days of service of such notice and
22 order; and
23 (c) the proposed order for withholding accurately
24 states the terms and amounts contained in the last order
25 for support.
26 (4) Upon the court's satisfaction that the procedures
27 set forth in this subsection have been met, it shall enter
28 the order for withholding.
29 (5) The Clerk shall then provide to the obligee or
30 public office a specially certified copy of the order for
31 withholding and the notice of delinquency indicating that the
32 preconditions for service have been met.
33 (6) The obligee or public office shall serve the
34 specially certified copies of the order for withholding and
SB1024 Enrolled -178- LRB9003396DJcd
1 the notice of delinquency on the payor, its superintendent,
2 manager or other agent by certified mail or personal
3 delivery. A proof of service shall be filed with the Clerk
4 of the Circuit Court.
5 (7) If the obligor requests in writing that income
6 withholding become effective prior to becoming delinquent in
7 payment of an amount equal to one month's support obligation
8 pursuant to the last order for support, or prior to becoming
9 30 days late in paying all or part of the order for support,
10 the obligee or public office shall file an affidavit with the
11 Clerk of the circuit Court, with a proposed order for
12 withholding attached, stating that the proposed order
13 accurately states the terms and amounts contained in the last
14 order for support and the obligor's request for immediate
15 service. The provisions of paragraphs (4) through (6) of
16 this subsection shall apply, except that a notice of
17 delinquency shall not be required.
18 (8) All other provisions of this Section shall be
19 applicable with respect to the provisions of this subsection
20 (K), except that under paragraph (1) of subsection (H), the
21 court may also amend the proposed order for withholding to
22 conform to the last order for support.
23 (9) Nothing in this subsection shall be construed as
24 limiting the requirements of paragraph (1) of subsection (B)
25 with respect to the entry of a separate order for withholding
26 upon entry of any order for support.
27 (L) Remedies in Addition to Other Laws.
28 (1) The rights, remedies, duties and penalties created
29 by this Section are in addition to and not in substitution
30 for any other rights, remedies, duties and penalties created
31 by any other law.
32 (2) Nothing in this Section shall be construed as
33 invalidating any assignment of wages or benefits executed
34 prior to July 1, 1985.
SB1024 Enrolled -179- LRB9003396DJcd
1 (Source: P.A. 88-26; 88-45; 88-94; 88-131; 88-307; 88-670,
2 eff. 12-2-94; 89-507, eff. 7-1-97.)
3 Section 94.5. The Unemployment Insurance Act is amended
4 by changing Sections 1300 and 1900 and adding Section 1801.1
5 as follows:
6 (820 ILCS 405/1300) (from Ch. 48, par. 540)
7 Sec. 1300. Waiver or transfer of benefit rights -
8 Partial exemption.
9 (A) Except as otherwise provided herein any agreement by
10 an individual to waive, release or commute his rights under
11 this Act shall be void.
12 (B) Benefits due under this Act shall not be assigned,
13 pledged, encumbered, released or commuted and shall be exempt
14 from all claims of creditors and from levy, execution and
15 attachment or other remedy for recovery or collection of a
16 debt. However, nothing in this Section shall prohibit a
17 specified or agreed upon deduction from benefits by an
18 individual, or a court or administrative order for
19 withholding of income, for payment of past due child support
20 from being enforced and collected by the Department of Public
21 Aid on behalf of persons receiving a grant of financial aid
22 under Article IV of The Illinois Public Aid Code, persons for
23 whom an application has been made and approved for support
24 services under Section 10-1 of such Code, or persons
25 similarly situated and receiving like support services in
26 other states. It is provided that:
27 (1) The aforementioned deduction of benefits and
28 order for withholding of income apply only if appropriate
29 arrangements have been made for reimbursement to the
30 Director by the Department of Public Aid for any
31 administrative costs incurred by the Director under this
32 Section.
SB1024 Enrolled -180- LRB9003396DJcd
1 (2) The Director shall deduct and withhold from
2 benefits payable under this Act, or under any arrangement
3 for the payment of benefits entered into by the Director
4 pursuant to the powers granted under Section 2700 of this
5 Act, the amount specified or agreed upon. In the case of
6 a court or administrative order for withholding of
7 income, the Director shall withhold the amount of the
8 order.
9 (3) Any amount deducted and withheld by the
10 Director shall be paid to the Department of Public Aid on
11 behalf of the individual.
12 (4) Any amount deducted and withheld under
13 subsection (3) shall for all purposes be treated as if it
14 were paid to the individual as benefits and paid by such
15 individual to the Department of Public Aid in
16 satisfaction of the individual's child support
17 obligations.
18 (5) For the purpose of this Section, child support
19 is defined as those obligations which are being enforced
20 pursuant to a plan described in Title IV, Part D, Section
21 454 of the Social Security Act and approved by the
22 Secretary of Health and Human Services.
23 (6) The deduction of benefits and order for
24 withholding of income for child support shall be governed
25 by Titles III and IV of the Social Security Act and all
26 regulations duly promulgated thereunder.
27 (C) Nothing in this Section prohibits an individual from
28 voluntarily electing to have federal income tax deducted and
29 withheld from his or her unemployment insurance benefit
30 payments.
31 (1) The Director shall, at the time that an
32 individual files his or her claim for benefits that
33 establishes his or her benefit year, inform the
34 individual that:
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1 (a) unemployment insurance is subject to
2 federal, State, and local income taxes;
3 (b) requirements exist pertaining to estimated
4 tax payments;
5 (c) the individual may elect to have federal
6 income tax deducted and withheld from his or her
7 payments of unemployment insurance in the amount
8 specified in the federal Internal Revenue Code; and
9 (d) the individual is permitted to change a
10 previously elected withholding status no more than
11 once each calendar year.
12 (2) Amounts deducted and withheld from unemployment
13 insurance shall remain in the unemployment fund until
14 transferred to the federal taxing authority as a payment
15 of income tax.
16 (3) The Director shall follow all procedures
17 specified by the United States Department of Labor and
18 the federal Internal Revenue Service pertaining to the
19 deducting and withholding of income tax.
20 (4) Amounts shall be deducted and withheld in
21 accordance with the priorities established in rules
22 promulgated by the Director.
23 (D) Nothing in this Section prohibits an individual from
24 voluntarily electing to have State of Illinois income tax
25 deducted and withheld from his or her unemployment insurance
26 benefit payments if such deduction and withholding is
27 provided for pursuant to rules promulgated by the Director.
28 (1) If pursuant to rules promulgated by the
29 Director, an individual may voluntarily elect to have
30 State of Illinois income tax deducted and withheld from
31 his or her unemployment insurance benefit payments, the
32 Director shall, at the time that an individual files his
33 or her claim for benefits that establishes his or her
34 benefit year, in addition to providing the notice
SB1024 Enrolled -182- LRB9003396DJcd
1 required under subsection C, inform the individual that:
2 (a) the individual may elect to have State of
3 Illinois income tax deducted and withheld from his
4 or her payments of unemployment insurance in the
5 amount specified pursuant to rules promulgated by
6 the Director; and
7 (b) the individual is permitted to change a
8 previously elected withholding status no more than
9 once each calendar year.
10 (2) Amounts deducted and withheld from unemployment
11 insurance shall remain in the unemployment fund until
12 transferred to the Department of Revenue as a payment of
13 State of Illinois income tax.
14 (3) Amounts shall be deducted and withheld in
15 accordance with the priorities established in rules
16 promulgated by the Director.
17 (E) Nothing in this Section prohibits the deduction and
18 withholding of an uncollected overissuance of food stamp
19 coupons from unemployment insurance benefits pursuant to this
20 subsection (E).
21 (1) At the time that an individual files a claim
22 for benefits that establishes his or her benefit year,
23 that individual must disclose whether or not he or she
24 owes an uncollected overissuance (as defined in Section
25 13(c)(1) of the federal Food Stamp Act of 1977) of food
26 stamp coupons. The Director shall notify the State food
27 stamp agency enforcing such obligation of any individual
28 who discloses that he or she owes an uncollected
29 overissuance of food stamp coupons and who meets the
30 monetary eligibility requirements of subsection E of
31 Section 500.
32 (2) The Director shall deduct and withhold from any
33 unemployment insurance benefits payable to an individual
34 who owes an uncollected overissuance of food stamp
SB1024 Enrolled -183- LRB9003396DJcd
1 coupons:
2 (a) the amount specified by the individual to
3 the Director to be deducted and withheld under this
4 subsection (E);
5 (b) the amount (if any) determined pursuant to
6 an agreement submitted to the State food stamp
7 agency under Section 13(c)(3)(A) of the federal Food
8 Stamp Act of 1977; or
9 (c) any amount otherwise required to be
10 deducted and withheld from unemployment insurance
11 benefits pursuant to Section 13(c)(3)(B) of the
12 federal Food Stamp Act of 1977.
13 (3) Any amount deducted and withheld pursuant to
14 this subsection (E) shall be paid by the Director to the
15 State food stamp agency.
16 (4) Any amount deducted and withheld pursuant to
17 this subsection (E) shall for all purposes be treated as
18 if it were paid to the individual as unemployment
19 insurance benefits and paid by the individual to the
20 State food stamp agency as repayment of the individual's
21 uncollected overissuance of food stamp coupons.
22 (5) For purposes of this subsection (E),
23 "unemployment insurance benefits" means any compensation
24 payable under this Act including amounts payable by the
25 Director pursuant to an agreement under any federal law
26 providing for compensation, assistance, or allowances
27 with respect to unemployment.
28 (6) This subsection (E) applies only if
29 arrangements have been made for reimbursement by the
30 State food stamp agency for the administrative costs
31 incurred by the Director under this subsection (E) which
32 are attributable to the repayment of uncollected
33 overissuances of food stamp coupons to the State food
34 stamp agency.
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1 (Source: P.A. 89-446, eff. 1-1-97.)
2 (820 ILCS 405/1801.1 new)
3 Sec. 1801.1. Directory of New Hires.
4 A. The Director shall establish and operate an automated
5 directory of newly hired employees which shall be known as
6 the "Illinois Directory of New Hires" which shall contain the
7 information required to be reported by employers to the
8 Department under subsection B. In the administration of the
9 Directory, the Director shall comply with any requirements
10 concerning the Employer New Hire Reporting Program
11 established by the federal Personal Responsibility and Work
12 Opportunity Reconciliation Act of 1996. The Director is
13 authorized to use the information contained in the Directory
14 of New Hires to administer any of the provisions of this Act.
15 B. On and after October 1, 1997, each employer in
16 Illinois, except a department, agency, or instrumentality of
17 the United States, shall file with the Department a report in
18 accordance with rules adopted by the Department (but in any
19 event not later than 20 days after the date the employer
20 hires the employee or, in the case of an employer
21 transmitting reports magnetically or electronically, by 2
22 monthly transmissions, if necessary, not less than 12 days
23 nor more than 16 days apart) providing the following
24 information concerning each newly hired employee: the
25 employee's name, address, and social security number, and the
26 employer's name, address, Federal Employer Identification
27 Number assigned under Section 6109 of the Internal Revenue
28 Code of 1986, and such other information as may be required
29 by federal law or regulation, provided that each employer may
30 voluntarily file the date of new hire, and the address to
31 which the employer wants income withholding orders to be
32 mailed, if it is different from the address given on the
33 Federal Employer Identification Number. An employer in
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1 Illinois which transmits its reports electronically or
2 magnetically and which also has employees in another state
3 may report all newly hired employees to a single designated
4 state in which the employer has employees if it has so
5 notified the Secretary of the United States Department of
6 Health and Human Services in writing. An employer may, at its
7 option, submit information regarding any rehired employee in
8 the same manner as information is submitted regarding a newly
9 hired employee. Each report required under this subsection
10 shall be made on an Internal Revenue Service Form W-4 or, at
11 the option of the employer, an equivalent form, and may be
12 transmitted by first class mail, by telefax, magnetically, or
13 electronically.
14 C. An employer which knowingly fails to comply with the
15 reporting requirements established by this Section shall be
16 subject to a civil penalty of $15 for each individual whom it
17 fails to report. An employer shall be considered to have
18 knowingly failed to comply with the reporting requirements
19 established by this Section with respect to an individual if
20 the employer has been notified by the Department that it has
21 failed to report an individual, and it fails, without
22 reasonable cause, to supply the required information to the
23 Department within 21 days after the date of mailing of the
24 notice. Any individual who knowingly conspires with the newly
25 hired employee to cause the employer to fail to report the
26 information required by this Section or who knowingly
27 conspires with the newly hired employee to cause the employer
28 to file a false or incomplete report shall be guilty of a
29 Class B misdemeanor with a fine not to exceed $500 with
30 respect to each employee with whom the individual so
31 conspires.
32 D. As used in this Section, "newly hired employee" means
33 an individual who is an employee within the meaning of
34 Chapter 24 of the Internal Revenue Code of 1986, and whose
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1 reporting to work which results in earnings from the employer
2 is the first instance within the preceding 180 days that the
3 individual has reported for work for which earnings were
4 received from that employer; however, "newly hired employee"
5 does not include an employee of a federal or State agency
6 performing intelligence or counterintelligence functions, if
7 the head of that agency has determined that the filing of the
8 report required by this Section with respect to the employee
9 could endanger the safety of the employee or compromise an
10 ongoing investigation or intelligence mission.
11 Notwithstanding Section 205, and for the purposes of this
12 Section only, the term "employer" has the meaning given by
13 Section 3401(d) of the Internal Revenue Code of 1986 and
14 includes any governmental entity and labor organization as
15 defined by Section 2(5) of the National Labor Relations Act,
16 and includes any entity (also known as a hiring hall) which
17 is used by the organization and an employer to carry out the
18 requirements described in Section 8(f)(3) of that Act of an
19 agreement between the organization and the employer.
20 (820 ILCS 405/1900) (from Ch. 48, par. 640)
21 Sec. 1900. Disclosure of information.
22 A. Except as provided in this Section, information
23 obtained from any individual or employing unit during the
24 administration of this Act shall:
25 1. be confidential,
26 2. not be published or open to public inspection,
27 3. not be used in any court in any pending action
28 or proceeding,
29 4. not be admissible in evidence in any action or
30 proceeding other than one arising out of this Act.
31 B. No finding, determination, decision, ruling or order
32 (including any finding of fact, statement or conclusion made
33 therein) issued pursuant to this Act shall be admissible or
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1 used in evidence in any action other than one arising out of
2 this Act, nor shall it be binding or conclusive except as
3 provided in this Act, nor shall it constitute res judicata,
4 regardless of whether the actions were between the same or
5 related parties or involved the same facts.
6 C. Any officer or employee of this State, any officer or
7 employee of any entity authorized to obtain information
8 pursuant to this Section, and any agent of this State or of
9 such entity who, except with authority of the Director under
10 this Section, shall disclose information shall be guilty of a
11 Class B misdemeanor and shall be disqualified from holding
12 any appointment or employment by the State.
13 D. An individual or his duly authorized agent may be
14 supplied with information from records only to the extent
15 necessary for the proper presentation of his claim for
16 benefits or with his existing or prospective rights to
17 benefits. Discretion to disclose this information belongs
18 solely to the Director and is not subject to a release or
19 waiver by the individual.
20 E. An employing unit may be furnished with information,
21 only if deemed by the Director as necessary to enable it to
22 fully discharge its obligations or safeguard its rights under
23 the Act. Discretion to disclose this information belongs
24 solely to the Director and is not subject to a release or
25 waiver by the employing unit.
26 F. The Director may furnish any information that he may
27 deem proper to any public officer or public agency of this or
28 any other State or of the federal government dealing with:
29 1. the administration of relief,
30 2. public assistance,
31 3. unemployment compensation,
32 4. a system of public employment offices,
33 5. wages and hours of employment, or
34 6. a public works program.
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1 The Director may make available to the Illinois
2 Industrial Commission information regarding employers for the
3 purpose of verifying the insurance coverage required under
4 the Workers' Compensation Act and Workers' Occupational
5 Diseases Act.
6 G. The Director may disclose information submitted by
7 the State or any of its political subdivisions, municipal
8 corporations, instrumentalities, or school or community
9 college districts, except for information which specifically
10 identifies an individual claimant.
11 H. The Director shall disclose only that information
12 required to be disclosed under Section 303 of the Social
13 Security Act, as amended, including:
14 1. any information required to be given the United
15 States Department of Labor under Section 303(a)(6); and
16 2. the making available upon request to any agency
17 of the United States charged with the administration of
18 public works or assistance through public employment, the
19 name, address, ordinary occupation and employment status
20 of each recipient of unemployment compensation, and a
21 statement of such recipient's right to further
22 compensation under such law as required by Section
23 303(a)(7); and
24 3. records to make available to the Railroad
25 Retirement Board as required by Section 303(c)(1); and
26 4. information that will assure reasonable
27 cooperation with every agency of the United States
28 charged with the administration of any unemployment
29 compensation law as required by Section 303(c)(2); and
30 5. information upon request and on a reimbursable
31 basis to the United States Department of Agriculture and
32 to any State food stamp agency concerning any information
33 required to be furnished by Section 303(d); and
34 6. any wage information upon request and on a
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1 reimbursable basis to any State or local child support
2 enforcement agency required by Section 303(e); and
3 7. any information required under the income
4 eligibility and verification system as required by
5 Section 303(f); and
6 8. information that might be useful in locating an
7 absent parent or that parent's employer, establishing
8 paternity or establishing, modifying, or enforcing child
9 support orders for the purpose of a child support
10 enforcement program under Title IV of the Social Security
11 Act upon the request of and on a reimbursable basis to
12 the public agency administering the Federal Parent
13 Locator Service as required by Section 303(h); and
14 9. information, upon request, to representatives of
15 any federal, State or local governmental public housing
16 agency with respect to individuals who have signed the
17 appropriate consent form approved by the Secretary of
18 Housing and Urban Development and who are applying for or
19 participating in any housing assistance program
20 administered by the United States Department of Housing
21 and Urban Development as required by Section 303(i).
22 I. The Director, upon the request of a public agency of
23 Illinois, of the federal government or of any other state
24 charged with the investigation or enforcement of Section 10-5
25 of the Criminal Code of 1961 (or a similar federal law or
26 similar law of another State), may furnish the public agency
27 information regarding the individual specified in the request
28 as to:
29 1. the current or most recent home address of the
30 individual, and
31 2. the names and addresses of the individual's
32 employers.
33 J. Nothing in this Section shall be deemed to interfere
34 with the disclosure of certain records as provided for in
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1 Section 1706 or with the right to make available to the
2 Internal Revenue Service of the United States Department of
3 the Treasury, or the Department of Revenue of the State of
4 Illinois, information obtained under this Act.
5 K. The Department shall make available to the State
6 Scholarship Commission, upon request that it may be necessary
7 or useful to the Commission in the collection of defaulted or
8 delinquent student loans which the Commission administers,
9 information limited to the names and addresses of a
10 borrower's employers.
11 L. The Department shall make available to the State
12 Employees' Retirement System, the State Universities
13 Retirement System, and the Teachers' Retirement System of the
14 State of Illinois, upon request, information in the
15 possession of the Department that may be necessary or useful
16 to the System for the purpose of determining whether any
17 recipient of a disability benefit from the System is
18 gainfully employed.
19 M. This Section shall be applicable to the information
20 obtained in the administration of the State employment
21 service, except that the Director may publish or release
22 general labor market information and may furnish information
23 that he may deem proper to an individual, public officer or
24 public agency of this or any other State or the federal
25 government (in addition to those public officers or public
26 agencies specified in this Section) as he prescribes by Rule.
27 N. The Director may require such safeguards as he deems
28 proper to insure that information disclosed pursuant to this
29 Section is used only for the purposes set forth in this
30 Section.
31 O. (Blank).
32 P. Within 30 days after the effective date of this
33 amendatory Act of 1993 and annually thereafter, the
34 Department shall provide to the Department of Financial
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1 Institutions a list of individuals or entities that, for the
2 most recently completed calendar year, report to the
3 Department as paying wages to workers. The lists shall be
4 deemed confidential and may not be disclosed to any other
5 person.
6 Q. The Director shall make available to an elected
7 federal official the name and address of an individual or
8 entity that is located within the jurisdiction from which the
9 official was elected and that, for the most recently
10 completed calendar year, has reported to the Department as
11 paying wages to workers, where the information will be used
12 in connection with the official duties of the official and
13 the official requests the information in writing, specifying
14 the purposes for which it will be used. For purposes of this
15 subsection, the use of information in connection with the
16 official duties of an official does not include use of the
17 information in connection with the solicitation of
18 contributions or expenditures, in money or in kind, to or on
19 behalf of a candidate for public or political office or a
20 political party or with respect to a public question, as
21 defined in Section 1-3 of the Election Code, or in connection
22 with any commercial solicitation. Any elected federal
23 official who, in submitting a request for information covered
24 by this subsection, knowingly makes a false statement or
25 fails to disclose a material fact, with the intent to obtain
26 the information for a purpose not authorized by this
27 subsection, shall be guilty of a Class B misdemeanor.
28 R. The Director may provide to any State or local child
29 support agency, upon request and on a reimbursable basis,
30 information that might be useful in locating an absent parent
31 or that parent's employer, establishing paternity, or
32 establishing, modifying, or enforcing child support orders.
33 (Source: P.A. 88-435; 89-446, eff. 2-8-96; 89-493, eff.
34 1-1-97.)
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1 Section 95. No acceleration or delay. Where this Act
2 makes changes in a statute that is represented in this Act by
3 text that is not yet or no longer in effect (for example, a
4 Section represented by multiple versions), the use of that
5 text does not accelerate or delay the taking effect of (i)
6 the changes made by this Act or (ii) provisions derived from
7 any other Public Act.
8 Section 99. Effective date. This Act takes effect upon
9 becoming law.