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90_SB1700
SEE INDEX
Repeals the Child Support Information Act and makes a
conforming change in the Public Aid Code. Amends the Public
Aid Code, the Vital Records Act, the Marriage and
Dissolution of Marriage Act, the Non-Support of Spouse and
Children Act, and the Parentage Act of 1984. Makes numerous
changes in provisions in the "Determination and Enforcement
of Support Responsibility of Relatives" Article of the
Public Aid Code, including (i) requiring the Department of
Public Aid to establish a State Disbursement Unit to collect
and disburse support payments made under court and
administrative support orders; (ii) requiring the Department
to establish a State Case Registry containing information
about child support orders; (iii) making changes in
provisions relating to establishment of paternity; and (iv)
making changes in provisions relating to withholding of
income to secure payment of child support. Makes other
changes, and makes conforming changes in other Acts.
Effective immediately.
LRB9009117DJcdA
LRB9009117DJcdA
1 AN ACT concerning child support, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 (5 ILCS 405/Act rep.)
5 Section 2. The Child Support Information Act is
6 repealed.
7 Section 5. The Illinois Public Aid Code is amended by
8 changing Sections 10-10, 10-11, 10-12, 10-13, 10-13.6, 10-14,
9 10-16.2, and 10-17.7 and by adding Sections 10-10.4,
10 10-10.5, 10-11.2, 10-12.1, 10-14.1, 10-26, and 10-27 as
11 follows:
12 (305 ILCS 5/10-10) (from Ch. 23, par. 10-10)
13 (Text of Section before amendment by P.A. 90-539)
14 Sec. 10-10. Court enforcement; applicability also to
15 persons who are not applicants or recipients. Except where
16 the Illinois Department, by agreement, acts for the local
17 governmental unit, as provided in Section 10-3.1, local
18 governmental units shall refer to the State's Attorney or to
19 the proper legal representative of the governmental unit, for
20 judicial enforcement as herein provided, instances of
21 non-support or insufficient support when the dependents are
22 applicants or recipients under Article VI. The Child and
23 Spouse Support Unit established by Section 10-3.1 may
24 institute in behalf of the Illinois Department any actions
25 under this Section for judicial enforcement of the support
26 liability when the dependents are (a) applicants or
27 recipients under Articles III, IV, V or VII (b) applicants or
28 recipients in a local governmental unit when the Illinois
29 Department, by agreement, acts for the unit; or (c)
30 non-applicants or non-recipients who are receiving support
-2- LRB9009117DJcdA
1 enforcement services under this Article X, as provided in
2 Section 10-1. Where the Child and Spouse Support Unit has
3 exercised its option and discretion not to apply the
4 provisions of Sections 10-3 through 10-8, the failure by the
5 Unit to apply such provisions shall not be a bar to bringing
6 an action under this Section.
7 Action shall be brought in the circuit court to obtain
8 support, or for the recovery of aid granted during the period
9 such support was not provided, or both for the obtainment of
10 support and the recovery of the aid provided. Actions for
11 the recovery of aid may be taken separately or they may be
12 consolidated with actions to obtain support. Such actions
13 may be brought in the name of the person or persons requiring
14 support, or may be brought in the name of the Illinois
15 Department or the local governmental unit, as the case
16 requires, in behalf of such persons.
17 The court may enter such orders for the payment of moneys
18 for the support of the person as may be just and equitable
19 and may direct payment thereof for such period or periods of
20 time as the circumstances require, including support for a
21 period before the date the order for support is entered. The
22 order may be entered against any or all of the defendant
23 responsible relatives and may be based upon the proportionate
24 ability of each to contribute to the person's support.
25 The Court shall determine the amount of child support
26 (including child support for a period before the date the
27 order for child support is entered) by using the guidelines
28 and standards set forth in subsection (a) of Section 505 and
29 in Section 505.2 of the Illinois Marriage and Dissolution of
30 Marriage Act. For purposes of determining the amount of child
31 support to be paid for a period before the date the order for
32 child support is entered, there is a rebuttable presumption
33 that the responsible relative's net income for that period
34 was the same as his or her net income at the time the order
-3- LRB9009117DJcdA
1 is entered.
2 The Court shall determine the amount of maintenance using
3 the standards set forth in Section 504 of the Illinois
4 Marriage and Dissolution of Marriage Act.
5 Any new or existing support order entered by the court
6 under this Section shall be deemed to be a series of
7 judgments against the person obligated to pay support
8 thereunder, each such judgment to be in the amount of each
9 payment or installment of support and each such judgment to
10 be deemed entered as of the date the corresponding payment or
11 installment becomes due under the terms of the support order.
12 Each such judgment shall have the full force, effect and
13 attributes of any other judgment of this State, including the
14 ability to be enforced. Any such judgment is subject to
15 modification or termination only in accordance with Section
16 510 of the Illinois Marriage and Dissolution of Marriage Act.
17 A lien arises by operation of law against the real and
18 personal property of the noncustodial parent for each
19 installment of overdue support owed by the noncustodial
20 parent.
21 When an order is entered for the support of a minor, the
22 court may provide therein for reasonable visitation of the
23 minor by the person or persons who provided support pursuant
24 to the order. Whoever willfully refuses to comply with such
25 visitation order or willfully interferes with its enforcement
26 may be declared in contempt of court and punished therefor.
27 Except where the local governmental unit has entered into
28 an agreement with the Illinois Department for the Child and
29 Spouse Support Unit to act for it, as provided in Section
30 10-3.1, support orders entered by the court in cases
31 involving applicants or recipients under Article VI shall
32 provide that payments thereunder be made directly to the
33 local governmental unit. Orders for the support of all other
34 applicants or recipients shall provide that payments
-4- LRB9009117DJcdA
1 thereunder be made directly to the Illinois Department. In
2 accordance with federal law and regulations, the Illinois
3 Department may continue to collect current maintenance
4 payments or child support payments, or both, after those
5 persons cease to receive public assistance and until
6 termination of services under Article X. The Illinois
7 Department shall pay the net amount collected to those
8 persons after deducting any costs incurred in making the
9 collection or any collection fee from the amount of any
10 recovery made. In both cases the order shall permit the
11 local governmental unit or the Illinois Department, as the
12 case may be, to direct the responsible relative or relatives
13 to make support payments directly to the needy person, or to
14 some person or agency in his behalf, upon removal of the
15 person from the public aid rolls or upon termination of
16 services under Article X.
17 If the notice of support due issued pursuant to Section
18 10-7 directs that support payments be made directly to the
19 needy person, or to some person or agency in his behalf, and
20 the recipient is removed from the public aid rolls, court
21 action may be taken against the responsible relative
22 hereunder if he fails to furnish support in accordance with
23 the terms of such notice.
24 Actions may also be brought under this Section in behalf
25 of any person who is in need of support from responsible
26 relatives, as defined in Section 2-11 of Article II who is
27 not an applicant for or recipient of financial aid under this
28 Code. In such instances, the State's Attorney of the county
29 in which such person resides shall bring action against the
30 responsible relatives hereunder. If the Illinois Department,
31 as authorized by Section 10-1, extends the support services
32 provided by this Article to spouses and dependent children
33 who are not applicants or recipients under this Code, the
34 Child and Spouse Support Unit established by Section 10-3.1
-5- LRB9009117DJcdA
1 shall bring action against the responsible relatives
2 hereunder and any support orders entered by the court in such
3 cases shall provide that payments thereunder be made directly
4 to the Illinois Department.
5 Whenever it is determined in a proceeding to establish or
6 enforce a child support or maintenance obligation that the
7 person owing a duty of support is unemployed, the court may
8 order the person to seek employment and report periodically
9 to the court with a diary, listing or other memorandum of his
10 or her efforts in accordance with such order. Additionally,
11 the court may order the unemployed person to report to the
12 Department of Employment Security for job search services or
13 to make application with the local Jobs Training Partnership
14 Act provider for participation in job search, training or
15 work programs and where the duty of support is owed to a
16 child receiving support services under this Article X, the
17 court may order the unemployed person to report to the
18 Illinois Department for participation in job search, training
19 or work programs established under Section 9-6 and Article
20 IXA of this Code.
21 Whenever it is determined that a person owes past-due
22 support for a child receiving assistance under this Code, the
23 court shall order at the request of the Illinois Department:
24 (1) that the person pay the past-due support in
25 accordance with a plan approved by the court; or
26 (2) if the person owing past-due support is
27 unemployed, is subject to such a plan, and is not
28 incapacitated, that the person participate in such job
29 search, training, or work programs established under
30 Section 9-6 and Article IXA of this Code as the court
31 deems appropriate.
32 A determination under this Section shall not be
33 administratively reviewable by the procedures specified in
34 Sections 10-12, and 10-13 to 10-13.10. Any determination
-6- LRB9009117DJcdA
1 under these Sections, if made the basis of court action under
2 this Section, shall not affect the de novo judicial
3 determination required under this Section.
4 A one-time charge of 20% is imposable upon the amount of
5 past-due child support owed on July 1, 1988 which has accrued
6 under a support order entered by the court. The charge shall
7 be imposed in accordance with the provisions of Section 10-21
8 of this Code and shall be enforced by the court upon
9 petition.
10 All orders for support, when entered or modified, shall
11 include a provision requiring the non-custodial parent to
12 notify the court and, in cases in which a party is receiving
13 child and spouse support services under this Article X, the
14 Illinois Department, within 7 days, (i) of the name, address,
15 and telephone number of any new employer of the non-custodial
16 parent, (ii) whether the non-custodial parent has access to
17 health insurance coverage through the employer or other group
18 coverage and, if so, the policy name and number and the names
19 of persons covered under the policy, and (iii) of any new
20 residential or mailing address or telephone number of the
21 non-custodial parent. In any subsequent action to enforce a
22 support order, upon a sufficient showing that a diligent
23 effort has been made to ascertain the location of the
24 non-custodial parent, service of process or provision of
25 notice necessary in the case may be made at the last known
26 address of the non-custodial parent in any manner expressly
27 provided by the Code of Civil Procedure or this Code, which
28 service shall be sufficient for purposes of due process.
29 In cases in which a party is receiving child and spouse
30 support services under this Article X and the order for
31 support provides that child support payments be made to the
32 obligee, the Illinois Department of Public Aid may provide
33 notice to the obligor and the obligor's payor, when income
34 withholding is in effect under Section 10-16.2, to make all
-7- LRB9009117DJcdA
1 payments after receipt of the Illinois Department's notice to
2 the clerk of the court until further notice by the Illinois
3 Department or order of the court. Copies of the notice shall
4 be provided to the obligee and the clerk. The clerk's copy
5 shall contain a proof of service on the obligor and the
6 obligor's payor, where applicable. The clerk shall file the
7 clerk's copy of the notice in the court file. The notice to
8 the obligor and the payor, if applicable, may be sent by
9 ordinary mail, certified mail, return receipt requested,
10 facsimile transmission, or other electronic process, or may
11 be served upon the obligor or payor using any method provided
12 by law for service of a summons. An obligor who fails to
13 comply with a notice provided under this paragraph is guilty
14 of a Class B misdemeanor. A payor who fails to comply with a
15 notice provided under this paragraph is guilty of a business
16 offense and subject to a fine of up to $1,000.
17 An order for support shall include a date on which the
18 current support obligation terminates. The termination date
19 shall be no earlier than the date on which the child covered
20 by the order will attain the age of majority or is otherwise
21 emancipated. The order for support shall state that the
22 termination date does not apply to any arrearage that may
23 remain unpaid on that date. Nothing in this paragraph shall
24 be construed to prevent the court from modifying the order.
25 Upon notification in writing or by electronic
26 transmission from the Illinois Department to the clerk of the
27 court that a person who is receiving support payments under
28 this Section is receiving services under the Child Support
29 Enforcement Program established by Title IV-D of the Social
30 Security Act, any support payments subsequently received by
31 the clerk of the court shall be transmitted in accordance
32 with the instructions of the Illinois Department until the
33 Illinois Department gives notice to the clerk of the court to
34 cease the transmittal. After providing the notification
-8- LRB9009117DJcdA
1 authorized under this paragraph, the Illinois Department
2 shall be entitled as a party to notice of any further
3 proceedings in the case. The clerk of the court shall file a
4 copy of the Illinois Department's notification in the court
5 file. The clerk's failure to file a copy of the
6 notification in the court file shall not, however, affect the
7 Illinois Department's right to receive notice of further
8 proceedings.
9 Payments under this Section to the Illinois Department
10 pursuant to the Child Support Enforcement Program established
11 by Title IV-D of the Social Security Act shall be paid into
12 the Child Support Enforcement Trust Fund. All other payments
13 under this Section to the Illinois Department shall be
14 deposited in the Public Assistance Recoveries Trust Fund.
15 Disbursements from these funds shall be as provided in
16 Sections 12-9 and 12-10.2 of this Code. Payments received by
17 a local governmental unit shall be deposited in that unit's
18 General Assistance Fund.
19 (Source: P.A. 90-18, eff. 7-1-97.)
20 (Text of Section after amendment by P.A. 90-539)
21 Sec. 10-10. Court enforcement; applicability also to
22 persons who are not applicants or recipients. Except where
23 the Illinois Department, by agreement, acts for the local
24 governmental unit, as provided in Section 10-3.1, local
25 governmental units shall refer to the State's Attorney or to
26 the proper legal representative of the governmental unit, for
27 judicial enforcement as herein provided, instances of
28 non-support or insufficient support when the dependents are
29 applicants or recipients under Article VI. The Child and
30 Spouse Support Unit established by Section 10-3.1 may
31 institute in behalf of the Illinois Department any actions
32 under this Section for judicial enforcement of the support
33 liability when the dependents are (a) applicants or
34 recipients under Articles III, IV, V or VII (b) applicants or
-9- LRB9009117DJcdA
1 recipients in a local governmental unit when the Illinois
2 Department, by agreement, acts for the unit; or (c)
3 non-applicants or non-recipients who are receiving support
4 enforcement services under this Article X, as provided in
5 Section 10-1. Where the Child and Spouse Support Unit has
6 exercised its option and discretion not to apply the
7 provisions of Sections 10-3 through 10-8, the failure by the
8 Unit to apply such provisions shall not be a bar to bringing
9 an action under this Section.
10 Action shall be brought in the circuit court to obtain
11 support, or for the recovery of aid granted during the period
12 such support was not provided, or both for the obtainment of
13 support and the recovery of the aid provided. Actions for
14 the recovery of aid may be taken separately or they may be
15 consolidated with actions to obtain support. Such actions
16 may be brought in the name of the person or persons requiring
17 support, or may be brought in the name of the Illinois
18 Department or the local governmental unit, as the case
19 requires, in behalf of such persons.
20 The court may enter such orders for the payment of moneys
21 for the support of the person as may be just and equitable
22 and may direct payment thereof for such period or periods of
23 time as the circumstances require, including support for a
24 period before the date the order for support is entered. The
25 order may be entered against any or all of the defendant
26 responsible relatives and may be based upon the proportionate
27 ability of each to contribute to the person's support.
28 The Court shall determine the amount of child support
29 (including child support for a period before the date the
30 order for child support is entered) by using the guidelines
31 and standards set forth in subsection (a) of Section 505 and
32 in Section 505.2 of the Illinois Marriage and Dissolution of
33 Marriage Act. For purposes of determining the amount of child
34 support to be paid for a period before the date the order for
-10- LRB9009117DJcdA
1 child support is entered, there is a rebuttable presumption
2 that the responsible relative's net income for that period
3 was the same as his or her net income at the time the order
4 is entered.
5 An order entered under this Section shall include a
6 provision requiring the obligor to report to the obligee and
7 to the clerk of court within 10 days each time the obligor
8 obtains new employment, and each time the obligor's
9 employment is terminated for any reason. The report shall be
10 in writing and shall, in the case of new employment, include
11 the name and address of the new employer. Failure to report
12 new employment or the termination of current employment, if
13 coupled with nonpayment of support for a period in excess of
14 60 days, is indirect criminal contempt. For any obligor
15 arrested for failure to report new employment bond shall be
16 set in the amount of the child support that should have been
17 paid during the period of unreported employment. An order
18 entered under this Section shall also include a provision
19 requiring the obligor and obligee parents to advise each
20 other of a change in residence within 5 days of the change
21 except when the court finds that the physical, mental, or
22 emotional health of a party or that of a minor child, or
23 both, would be seriously endangered by disclosure of the
24 party's address.
25 The Court shall determine the amount of maintenance using
26 the standards set forth in Section 504 of the Illinois
27 Marriage and Dissolution of Marriage Act.
28 Any new or existing support order entered by the court
29 under this Section shall be deemed to be a series of
30 judgments against the person obligated to pay support
31 thereunder, each such judgment to be in the amount of each
32 payment or installment of support and each such judgment to
33 be deemed entered as of the date the corresponding payment or
34 installment becomes due under the terms of the support order.
-11- LRB9009117DJcdA
1 Each such judgment shall have the full force, effect and
2 attributes of any other judgment of this State, including the
3 ability to be enforced. Any such judgment is subject to
4 modification or termination only in accordance with Section
5 510 of the Illinois Marriage and Dissolution of Marriage Act.
6 A lien arises by operation of law against the real and
7 personal property of the noncustodial parent for each
8 installment of overdue support owed by the noncustodial
9 parent.
10 When an order is entered for the support of a minor, the
11 court may provide therein for reasonable visitation of the
12 minor by the person or persons who provided support pursuant
13 to the order. Whoever willfully refuses to comply with such
14 visitation order or willfully interferes with its enforcement
15 may be declared in contempt of court and punished therefor.
16 Except where the local governmental unit has entered into
17 an agreement with the Illinois Department for the Child and
18 Spouse Support Unit to act for it, as provided in Section
19 10-3.1, support orders entered by the court in cases
20 involving applicants or recipients under Article VI shall
21 provide that payments thereunder be made directly to the
22 local governmental unit. Orders for the support of all other
23 applicants or recipients shall provide that payments
24 thereunder be made directly to the Illinois Department. In
25 accordance with federal law and regulations, the Illinois
26 Department may continue to collect current maintenance
27 payments or child support payments, or both, after those
28 persons cease to receive public assistance and until
29 termination of services under Article X. The Illinois
30 Department shall pay the net amount collected to those
31 persons after deducting any costs incurred in making the
32 collection or any collection fee from the amount of any
33 recovery made. In both cases the order shall permit the
34 local governmental unit or the Illinois Department, as the
-12- LRB9009117DJcdA
1 case may be, to direct the responsible relative or relatives
2 to make support payments directly to the needy person, or to
3 some person or agency in his behalf, upon removal of the
4 person from the public aid rolls or upon termination of
5 services under Article X.
6 If the notice of support due issued pursuant to Section
7 10-7 directs that support payments be made directly to the
8 needy person, or to some person or agency in his behalf, and
9 the recipient is removed from the public aid rolls, court
10 action may be taken against the responsible relative
11 hereunder if he fails to furnish support in accordance with
12 the terms of such notice.
13 Actions may also be brought under this Section in behalf
14 of any person who is in need of support from responsible
15 relatives, as defined in Section 2-11 of Article II who is
16 not an applicant for or recipient of financial aid under this
17 Code. In such instances, the State's Attorney of the county
18 in which such person resides shall bring action against the
19 responsible relatives hereunder. If the Illinois Department,
20 as authorized by Section 10-1, extends the support services
21 provided by this Article to spouses and dependent children
22 who are not applicants or recipients under this Code, the
23 Child and Spouse Support Unit established by Section 10-3.1
24 shall bring action against the responsible relatives
25 hereunder and any support orders entered by the court in such
26 cases shall provide that payments thereunder be made directly
27 to the Illinois Department.
28 Whenever it is determined in a proceeding to establish or
29 enforce a child support or maintenance obligation that the
30 person owing a duty of support is unemployed, the court may
31 order the person to seek employment and report periodically
32 to the court with a diary, listing or other memorandum of his
33 or her efforts in accordance with such order. Additionally,
34 the court may order the unemployed person to report to the
-13- LRB9009117DJcdA
1 Department of Employment Security for job search services or
2 to make application with the local Jobs Training Partnership
3 Act provider for participation in job search, training or
4 work programs and where the duty of support is owed to a
5 child receiving support services under this Article X, the
6 court may order the unemployed person to report to the
7 Illinois Department for participation in job search, training
8 or work programs established under Section 9-6 and Article
9 IXA of this Code.
10 Whenever it is determined that a person owes past-due
11 support for a child receiving assistance under this Code, the
12 court shall order at the request of the Illinois Department:
13 (1) that the person pay the past-due support in
14 accordance with a plan approved by the court; or
15 (2) if the person owing past-due support is
16 unemployed, is subject to such a plan, and is not
17 incapacitated, that the person participate in such job
18 search, training, or work programs established under
19 Section 9-6 and Article IXA of this Code as the court
20 deems appropriate.
21 A determination under this Section shall not be
22 administratively reviewable by the procedures specified in
23 Sections 10-12, and 10-13 to 10-13.10. Any determination
24 under these Sections, if made the basis of court action under
25 this Section, shall not affect the de novo judicial
26 determination required under this Section.
27 A one-time charge of 20% is imposable upon the amount of
28 past-due child support owed on July 1, 1988 which has accrued
29 under a support order entered by the court. The charge shall
30 be imposed in accordance with the provisions of Section 10-21
31 of this Code and shall be enforced by the court upon
32 petition.
33 All orders for support, when entered or modified, shall
34 include a provision requiring the non-custodial parent to
-14- LRB9009117DJcdA
1 notify the court and, in cases in which a party is receiving
2 child and spouse support services under this Article X, the
3 Illinois Department, within 7 days, (i) of the name, address,
4 and telephone number of any new employer of the non-custodial
5 parent, (ii) whether the non-custodial parent has access to
6 health insurance coverage through the employer or other group
7 coverage and, if so, the policy name and number and the names
8 of persons covered under the policy, and (iii) of any new
9 residential or mailing address or telephone number of the
10 non-custodial parent. In any subsequent action to enforce a
11 support order, upon a sufficient showing that a diligent
12 effort has been made to ascertain the location of the
13 non-custodial parent, service of process or provision of
14 notice necessary in the case may be made at the last known
15 address of the non-custodial parent in any manner expressly
16 provided by the Code of Civil Procedure or this Code, which
17 service shall be sufficient for purposes of due process.
18 In cases in which a party is receiving child and spouse
19 support services under this Article X and the order for
20 support provides that child support payments be made to the
21 obligee, the Illinois Department of Public Aid may provide
22 notice to the obligor and the obligor's payor, when income
23 withholding is in effect under Section 10-16.2, to make all
24 payments after receipt of the Illinois Department's notice to
25 the clerk of the court until further notice by the Illinois
26 Department or order of the court. Copies of the notice shall
27 be provided to the obligee and the clerk. The clerk's copy
28 shall contain a proof of service on the obligor and the
29 obligor's payor, where applicable. The clerk shall file the
30 clerk's copy of the notice in the court file. The notice to
31 the obligor and the payor, if applicable, may be sent by
32 ordinary mail, certified mail, return receipt requested,
33 facsimile transmission, or other electronic process, or may
34 be served upon the obligor or payor using any method provided
-15- LRB9009117DJcdA
1 by law for service of a summons. An obligor who fails to
2 comply with a notice provided under this paragraph is guilty
3 of a Class B misdemeanor. A payor who fails to comply with a
4 notice provided under this paragraph is guilty of a business
5 offense and subject to a fine of up to $1,000.
6 An order for support shall include a date on which the
7 current support obligation terminates. The termination date
8 shall be no earlier than the date on which the child covered
9 by the order will attain the age of majority or is otherwise
10 emancipated. The order for support shall state that the
11 termination date does not apply to any arrearage that may
12 remain unpaid on that date. Nothing in this paragraph shall
13 be construed to prevent the court from modifying the order.
14 Upon notification in writing or by electronic
15 transmission from the Illinois Department to the clerk of the
16 court that a person who is receiving support payments under
17 this Section is receiving services under the Child Support
18 Enforcement Program established by Title IV-D of the Social
19 Security Act, any support payments subsequently received by
20 the clerk of the court shall be transmitted in accordance
21 with the instructions of the Illinois Department until the
22 Illinois Department gives notice to the clerk of the court to
23 cease the transmittal. After providing the notification
24 authorized under this paragraph, the Illinois Department
25 shall be entitled as a party to notice of any further
26 proceedings in the case. The clerk of the court shall file a
27 copy of the Illinois Department's notification in the court
28 file. The clerk's failure to file a copy of the
29 notification in the court file shall not, however, affect the
30 Illinois Department's right to receive notice of further
31 proceedings.
32 Payments under this Section to the Illinois Department
33 pursuant to the Child Support Enforcement Program established
34 by Title IV-D of the Social Security Act shall be paid into
-16- LRB9009117DJcdA
1 the Child Support Enforcement Trust Fund. All other payments
2 under this Section to the Illinois Department shall be
3 deposited in the Public Assistance Recoveries Trust Fund.
4 Disbursements from these funds shall be as provided in
5 Sections 12-9 and 12-10.2 of this Code. Payments received by
6 a local governmental unit shall be deposited in that unit's
7 General Assistance Fund.
8 (Source: P.A. 90-18, eff. 7-1-97; 90-539, eff. 6-1-98;
9 revised 12-23-97.)
10 (305 ILCS 5/10-10.4 new)
11 Sec. 10-10.4. Payment of support to State Disbursement
12 Unit.
13 (a) As used in this Section:
14 "Order for support", "obligor", "obligee", and "payor"
15 mean those terms as defined in Section 10-16.2 of this Code.
16 (b) Notwithstanding any other provision of this Code to
17 the contrary, each court or administrative order for support
18 entered or modified on or after October 1, 1998 shall require
19 that support payments be made to the State Disbursement Unit
20 established under Section 10-26 of this Code, under the
21 following circumstances:
22 (1) when a party to the order is receiving child
23 and spouse support services under this Article X; or
24 (2) when no party to the order is receiving child
25 and spouse support services, but the support payments are
26 made through income withholding.
27 (c) The Illinois Department shall provide notice to the
28 obligor and, where applicable, to the obligor's payor to make
29 support payments to the State Disbursement Unit under the
30 following circumstances:
31 (1) when the order for support was entered before
32 October 1, 1998, and a party to the order is receiving
33 child and spouse support services under this Article X;
-17- LRB9009117DJcdA
1 or
2 (2) when the order for support was entered on or
3 after January 1, 1994 but before October 1, 1998, no
4 party to the order is receiving child and spouse support
5 services, and the support payments are being made through
6 income withholding.
7 (d) The notice provided for under subsection (c) may be
8 sent by ordinary mail, certified mail, return receipt
9 requested, facsimile transmission, or other electronic
10 process, or may be served upon the obligor or payor using any
11 method provided by law for service of a summons. A copy of
12 the notice shall be provided to the obligee and, when the
13 order for support was entered by the court, to the clerk of
14 the court.
15 (e) An obligor who fails to comply with a notice
16 provided under subsection (c) is guilty of a Class B
17 misdemeanor.
18 (f) A payor who fails to comply with a notice provided
19 under subsection (c) is guilty of a business offense and
20 subject to a fine of up to $1,000.
21 (305 ILCS 5/10-10.5 new)
22 Sec. 10-10.5. Information to State Case Registry.
23 (a) When an order for support is entered or modified by
24 the circuit court under Section 10-10 on or after October 1,
25 1998, the clerk of the circuit court shall, within 5 business
26 days, provide to the Illinois Department's State Case
27 Registry established under Section 10-27 of this Code the
28 court docket number and county in which the order is entered
29 or modified and the following information, which the parties
30 shall disclose to the court:
31 (1) The names of the custodial and non-custodial
32 parents and the child or children covered by the order.
33 (2) The dates of birth of the custodial and
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1 non-custodial parents and of the child or children
2 covered by the order.
3 (3) The social security numbers of the custodial
4 and non-custodial parents and, if available, of the child
5 or children covered by the order.
6 (4) The residential and mailing addresses for the
7 custodial and non-custodial parents.
8 (5) The telephone numbers for the custodial and
9 non-custodial parents.
10 (6) The driver's license numbers for the custodial
11 and non-custodial parents.
12 (7) The name, address, and telephone number of each
13 parent's employer or employers.
14 (b) When a child support order is entered or modified
15 for a case in which a party is receiving child and spouse
16 support services under Article X of this Code, the clerk
17 shall provide the State Case Registry with the following
18 information:
19 (1) The information specified in subsection (a) of
20 this Section.
21 (2) The amount of monthly or other periodic support
22 owed under the order and other amounts, including
23 arrearages, interest, or late payment penalties and fees,
24 due or overdue under the order.
25 (3) Any amounts described in subdivision (2) of
26 this subsection (b) that have been received by the clerk.
27 (4) The distribution of the amounts received by the
28 clerk.
29 (c) To the extent that updated information is in the
30 clerk's possession, the clerk shall provide updates of the
31 information specified in subsection (b) of this Section
32 within 5 business days after the Illinois Department's
33 request for that updated information.
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1 (305 ILCS 5/10-11) (from Ch. 23, par. 10-11)
2 (Text of Section before amendment by P.A. 90-539)
3 Sec. 10-11. Administrative Orders. In lieu of actions
4 for court enforcement of support under Section 10-10, the
5 Child and Spouse Support Unit of the Illinois Department, in
6 accordance with the rules of the Illinois Department, may
7 issue an administrative order requiring the responsible
8 relative to comply with the terms of the determination and
9 notice of support due, determined and issued under Sections
10 10-6 and 10-7. The Unit may also enter an administrative
11 order under subsection (b) of Section 10-7. The
12 administrative order shall be served upon the responsible
13 relative by United States registered or certified mail.
14 If a responsible relative or a person receiving child and
15 spouse support services under this Article fails to petition
16 the Illinois Department for release from or modification of
17 the administrative order, as provided in Section 10-12 or
18 Section 10-12.1, the order shall become final and there shall
19 be no further administrative or judicial remedy. Likewise a
20 decision by the Illinois Department as a result of an
21 administrative hearing, as provided in Sections 10-13 to
22 10-13.10, shall become final and enforceable if not
23 judicially reviewed under the Administrative Review Law, as
24 provided in Section 10-14.
25 Any new or existing support order entered by the Illinois
26 Department under this Section shall be deemed to be a series
27 of judgments against the person obligated to pay support
28 thereunder, each such judgment to be in the amount of each
29 payment or installment of support and each such judgment to
30 be deemed entered as of the date the corresponding payment or
31 installment becomes due under the terms of the support order.
32 Each such judgment shall have the full force, effect and
33 attributes of any other judgment of this State, including the
34 ability to be enforced. Any such judgment is subject to
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1 modification or termination only in accordance with Section
2 510 of the Illinois Marriage and Dissolution of Marriage Act.
3 A lien arises by operation of law against the real and
4 personal property of the noncustodial parent for each
5 installment of overdue support owed by the noncustodial
6 parent.
7 A one-time charge of 20% is imposable upon the amount of
8 past-due child support owed on July 1, 1988, which has
9 accrued under a support order entered by the Illinois
10 Department under this Section. The charge shall be imposed
11 in accordance with the provisions of Section 10-21 and shall
12 be enforced by the court in a suit filed under Section 10-15.
13 (Source: P.A. 90-18, eff. 7-1-97)
14 (Text of Section after amendment by P.A. 90-539)
15 Sec. 10-11. Administrative Orders. In lieu of actions
16 for court enforcement of support under Section 10-10, the
17 Child and Spouse Support Unit of the Illinois Department, in
18 accordance with the rules of the Illinois Department, may
19 issue an administrative order requiring the responsible
20 relative to comply with the terms of the determination and
21 notice of support due, determined and issued under Sections
22 10-6 and 10-7. The Unit may also enter an administrative
23 order under subsection (b) of Section 10-7. The
24 administrative order shall be served upon the responsible
25 relative by United States registered or certified mail.
26 If a responsible relative or a person receiving child and
27 spouse support services under this Article fails to petition
28 the Illinois Department for release from or modification of
29 the administrative order, as provided in Section 10-12 or
30 Section 10-12.1, the order shall become final and there shall
31 be no further administrative or judicial remedy. Likewise a
32 decision by the Illinois Department as a result of an
33 administrative hearing, as provided in Sections 10-13 to
34 10-13.10, shall become final and enforceable if not
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1 judicially reviewed under the Administrative Review Law, as
2 provided in Section 10-14.
3 Any new or existing support order entered by the Illinois
4 Department under this Section shall be deemed to be a series
5 of judgments against the person obligated to pay support
6 thereunder, each such judgment to be in the amount of each
7 payment or installment of support and each such judgment to
8 be deemed entered as of the date the corresponding payment or
9 installment becomes due under the terms of the support order.
10 Each such judgment shall have the full force, effect and
11 attributes of any other judgment of this State, including the
12 ability to be enforced. Any such judgment is subject to
13 modification or termination only in accordance with Section
14 510 of the Illinois Marriage and Dissolution of Marriage Act.
15 A lien arises by operation of law against the real and
16 personal property of the noncustodial parent for each
17 installment of overdue support owed by the noncustodial
18 parent.
19 An order entered under this Section shall include a
20 provision requiring the obligor to report to the obligee and
21 to the clerk of court within 10 days each time the obligor
22 obtains new employment, and each time the obligor's
23 employment is terminated for any reason. The report shall be
24 in writing and shall, in the case of new employment, include
25 the name and address of the new employer. Failure to report
26 new employment or the termination of current employment, if
27 coupled with nonpayment of support for a period in excess of
28 60 days, is indirect criminal contempt. For any obligor
29 arrested for failure to report new employment bond shall be
30 set in the amount of the child support that should have been
31 paid during the period of unreported employment. An order
32 entered under this Section shall also include a provision
33 requiring the obligor and obligee parents to advise each
34 other of a change in residence within 5 days of the change
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1 except when the court finds that the physical, mental, or
2 emotional health of a party or that of a minor child, or
3 both, would be seriously endangered by disclosure of the
4 party's address.
5 A one-time charge of 20% is imposable upon the amount of
6 past-due child support owed on July 1, 1988, which has
7 accrued under a support order entered by the Illinois
8 Department under this Section. The charge shall be imposed
9 in accordance with the provisions of Section 10-21 and shall
10 be enforced by the court in a suit filed under Section 10-15.
11 (Source: P.A. 90-18, eff. 7-1-97; 90-539, eff. 6-1-98;
12 revised 12-23-97.)
13 (305 ILCS 5/10-11.2 new)
14 Sec. 10-11.2. Administrative support order information
15 for State Case Registry. When the Illinois Department enters
16 an administrative support order under Section 10-8.1 or
17 Section 10-11, or modifies such an order, the custodial
18 parent and the non-custodial parent shall provide to the
19 Illinois Department the following information to be included
20 in the State Case Registry established under Section 10-27:
21 (1) The names of the custodial and non-custodial
22 parents and of the child or children covered by the
23 order.
24 (2) The dates of birth of the custodial and
25 non-custodial parents and of the child or children
26 covered by the order.
27 (3) The social security numbers of the custodial
28 and non-custodial parents and, if available, of the child
29 or children covered by the order.
30 (4) The residential and mailing addresses for the
31 custodial and non-custodial parents.
32 (5) The telephone numbers for the custodial and
33 non-custodial parents.
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1 (6) The driver's license numbers for the custodial
2 and non-custodial parents.
3 (7) The name, address, and telephone number of each
4 parent's employer or employers.
5 (8) Any other information that may be required
6 under Title IV, Part D of the Social Security Act or
7 regulations promulgated thereunder.
8 (305 ILCS 5/10-12) (from Ch. 23, par. 10-12)
9 Sec. 10-12. Petition by responsible relative for release
10 from or modification of administrative support order or
11 administrative determination of paternity.
12 (a) Any responsible relative aggrieved by an
13 administrative order entered under Section Sections 10-11 or
14 10-11.1 or an administrative determination of paternity
15 entered under Section 10-17.7 who has been duly notified of
16 such order or determination, may, within 30 days from the
17 date of mailing of such order or determination, petition the
18 Illinois Department for a release from or modification of the
19 order or determination. The day immediately subsequent to the
20 mailing of the order or determination shall be considered as
21 the first day, and the day such petition is received by the
22 Illinois Department shall be considered as the last day in
23 computing the 30 day appeal period.
24 The Illinois Department shall, upon receipt of a petition
25 within the 30 day appeal period, provide for a hearing to be
26 held thereon.
27 (b) Notwithstanding the 30-day appeal period set forth in
28 subsection (a), a man against whom a default administrative
29 determination of paternity has been entered may have the
30 determination vacated if, within 30 days after being served
31 with the determination, he appears in person at the office
32 to which he was given notice to appear for an interview and
33 files a written request for relief from the determination.
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1 The Illinois Department shall then proceed with the
2 establishment of paternity. A man may obtain relief under
3 this subsection from an administrative determination of
4 paternity only once in any proceeding to establish
5 paternity.
6 (Source: P.A. 85-1155.)
7 (305 ILCS 5/10-12.1 new)
8 Sec. 10-12.1. Petition by person receiving child and
9 spouse support services for release from or modification of
10 administrative support order or administrative determination
11 of paternity. Any person receiving child and spouse support
12 services under this Article who is aggrieved by an
13 administrative order entered under Section 10-11 or 10-11.1
14 or an administrative determination of paternity entered
15 under Section 10-17.7 who has been duly notified of the
16 order or determination may, within 30 days after the date of
17 mailing of the order or determination, petition the Illinois
18 Department for release from or modification of the order or
19 determination. The day immediately subsequent to the mailing
20 of the order or determination shall be considered as the
21 first day and the day the petition is received by the
22 Illinois Department shall be considered as the last day in
23 computing the 30-day appeal period. Upon receiving a petition
24 within the 30-day appeal period, the Illinois Department
25 shall provide for a hearing to be held on the petition.
26 (305 ILCS 5/10-13) (from Ch. 23, par. 10-13)
27 Sec. 10-13. Hearing on Petition.
28 The Illinois Department, or any officer or employee
29 thereof designated in writing by the Illinois Department,
30 shall conduct hearings and investigations in connection with
31 petitions filed pursuant to with Section 10-12 or Section
32 10-12.1. Responsible relatives and persons receiving child
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1 and spouse support services under this Article shall be
2 entitled to appear in person, to be represented by counsel at
3 the hearing and to present all relevant matter in support of
4 their petitions. The provisions of Sections 10-13.1 through
5 to 10-13.10 shall govern the hearing.
6 The hearing shall be de novo and the Illinois
7 Department's determination of liability or non-liability
8 shall be independent of the determination of the
9 administrative enforcement unit.
10 (Source: Laws 1967, p. 122.)
11 (305 ILCS 5/10-13.6) (from Ch. 23, par. 10-13.6)
12 Sec. 10-13.6. Subpoenas.
13 (a) The Illinois Department, or any officer or employee
14 thereof designated in writing by the Illinois Department,
15 shall at its or his own instance, or on the written request
16 of any other party to the proceeding, issue subpoenas
17 requiring the attendance of and the giving of testimony by
18 witnesses, and subpoenas duces tecum requiring the production
19 of books, papers, records or memoranda. The subpoenas and
20 subpoenas duces tecum may be served by any person of full
21 age. Any subpoena may be served in the same manner as a
22 subpoena issued out of a circuit court, and may also be
23 served by United States registered or certified mail,
24 addressed to the person concerned at his last known address,
25 and proof of such mailing shall be sufficient for the
26 purposes of the Article.
27 (b) Subpoenas duces tecum issued in other states shall be
28 afforded full faith and credit in this State. Every such
29 subpoena shall have the full force, effect, and attributes
30 of a subpoena issued in this State, including the ability to
31 be enforced.
32 (Source: Laws 1967, p. 122.)
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1 (305 ILCS 5/10-14) (from Ch. 23, par. 10-14)
2 Sec. 10-14. Review of Illinois department decision on
3 petition for hearing. Any responsible relative or person
4 receiving child and spouse support services under this
5 Article affected by a final administrative decision of the
6 Illinois Department in a hearing, conducted pursuant to
7 Sections 10-13 through to 10-13.10 in which such relative or
8 person receiving services was a party, may have the decision
9 reviewed only under and in accordance with the Administrative
10 Review Law, as amended. The provisions of the Administrative
11 Review Law, and the rules adopted pursuant thereto, shall
12 apply to and govern all proceedings for the judicial review
13 of such final administrative decisions of the Illinois
14 Department. The term "administrative decision" is defined as
15 in Section 3-101 of the Code of Civil Procedure.
16 Appeals from all final orders and judgments entered by a
17 court upon review of the Illinois Department's order in any
18 case may be taken by either party to the proceeding and shall
19 be governed by the rules applicable to appeals in civil
20 cases.
21 The remedy herein provided for appeal shall be exclusive,
22 and no court shall have jurisdiction to review the subject
23 matter of any order made by the Illinois Department except as
24 herein provided.
25 (Source: P.A. 82-783.)
26 (305 ILCS 5/10-14.1 new)
27 Sec. 10-14.1. Relief from administrative orders.
28 Notwithstanding the 30-day appeal period provided in Sections
29 10-12 and 10-12.1 and the limitation on review of final
30 administrative decisions contained in Section 10-14, a
31 responsible relative or a person receiving child and spouse
32 support services under this Article who is aggrieved by an
33 administrative order entered under Section 10-11 or 10-11.1
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1 or an administrative determination of paternity entered under
2 Section 10-17.7 and who did not petition within the 30-day
3 appeal period may petition the Illinois Department for relief
4 from the administrative order or determination on the same
5 grounds as are provided for relief from judgments under
6 Section 2-1401 of the Code of Civil Procedure. The petition
7 must be filed not later than 2 years after the entry of the
8 order or determination by the Illinois Department. The day
9 immediately subsequent to the mailing of the order or
10 determination shall be considered as the first day and the
11 day the petition is received by the Illinois Department shall
12 be considered as the last day in computing the 2-year period.
13 Any period during which the person seeking relief is under a
14 legal disability or duress or during which the grounds for
15 relief are fraudulently concealed shall be excluded in
16 computing the period of 2 years.
17 Upon receiving a petition within the 2-year period, the
18 Illinois Department shall provide for a hearing to be held on
19 the petition.
20 (305 ILCS 5/10-16.2) (from Ch. 23, par. 10-16.2)
21 Sec. 10-16.2. Withholding of Income to Secure Payment of
22 Support.
23 (A) Definitions.
24 (1) "Order for support" means any order of the court
25 which provides for periodic payment of funds for the support
26 of a child or maintenance of a spouse, whether temporary or
27 final, and includes any such order which provides for:
28 (a) Modification or resumption of, or payment of
29 arrearage accrued under, a previously existing order;
30 (b) Reimbursement of support; or
31 (c) Enrollment in a health insurance plan that is
32 available to the obligor through an employer or labor
33 union or trade union.
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1 (2) "Arrearage" means the total amount of unpaid support
2 obligations as determined by the court and incorporated into
3 an order for support.
4 (2.5) "Business day" means a day on which State offices
5 are open for regular business.
6 (3) "Delinquency" means any payment under an order for
7 support which becomes due and remains unpaid after entry of
8 the order for support.
9 (4) "Income" means any form of periodic payment to an
10 individual, regardless of source, including, but not limited
11 to: wages, salary, commission, compensation as an independent
12 contractor, workers' compensation, disability, annuity,
13 pension, and retirement benefits, lottery prize awards,
14 insurance proceeds, vacation pay, bonuses, profit-sharing
15 payments, interest, and any other payments, made by any
16 person, private entity, federal or state government, any unit
17 of local government, school district or any entity created by
18 Public Act; however, "income" excludes:
19 (a) Any amounts required by law to be withheld,
20 other than creditor claims, including, but not limited
21 to, federal, State and local taxes, Social Security and
22 other retirement and disability contributions;
23 (b) Union dues;
24 (c) Any amounts exempted by the federal Consumer
25 Credit Protection Act;
26 (d) Public assistance payments; and
27 (e) Unemployment insurance benefits except as
28 provided by law.
29 Any other State or local laws which limit or exempt
30 income or the amount or percentage of income that can be
31 withheld shall not apply.
32 (5) "Obligor" means the individual who owes a duty to
33 make payments under an order for support.
34 (6) "Obligee" means the individual to whom a duty of
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1 support is owed or the individual's legal representative.
2 (7) "Payor" means any payor of income to an obligor.
3 (8) "Public office" means any elected official or any
4 State or local agency which is or may become responsible by
5 law for enforcement of, or which is or may become authorized
6 to enforce, an order for support, including, but not limited
7 to: the Attorney General, the Illinois Department of Public
8 Aid, the Illinois Department of Human Services (as successor
9 to the Department of Mental Health and Developmental
10 Disabilities), the Illinois Department of Children and Family
11 Services, and the various State's Attorneys, Clerks of the
12 Circuit Court and supervisors of general assistance.
13 (9) "Premium" means the dollar amount for which the
14 obligor is liable to his employer or labor union or trade
15 union and which must be paid to enroll or maintain a child in
16 a health insurance plan that is available to the obligor
17 through an employer or labor union or trade union.
18 (B) Entry of Order for Support Containing Income Withholding
19 Provisions; Income Withholding Notice.
20 (1) In addition to any content required under other
21 laws, every order for support entered on or after July 1,
22 1997, shall:
23 (a) Require an income withholding notice to be
24 prepared and served immediately upon any payor of the
25 obligor by the obligee or public office, unless a written
26 agreement is reached between and signed by both parties
27 providing for an alternative arrangement, approved and
28 entered into the record by the court, which ensures
29 payment of support. In that case, the order for support
30 shall provide that an income withholding notice is to be
31 prepared and served only if the obligor becomes
32 delinquent in paying the order for support; and
33 (b) Contain a dollar amount to be paid until
34 payment in full of any delinquency that accrues after
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1 entry of the order for support. The amount for payment
2 of delinquency shall not be less than 20% of the total of
3 the current support amount and the amount to be paid
4 periodically for payment of any arrearage stated in the
5 order for support; and
6 (c) Include the obligor's Social Security Number,
7 which the obligor shall disclose to the court. If the
8 obligor is not a United States citizen, the obligor shall
9 disclose to the court, and the court shall include in the
10 order for support, the obligor's alien registration
11 number, passport number, and home country's social
12 security or national health number, if applicable.
13 (2) At the time the order for support is entered, the
14 Clerk of the Circuit Court shall provide a copy of the order
15 to the obligor and shall make copies available to the obligee
16 and public office.
17 (3) The income withholding notice shall:
18 (a) Be in the standard format prescribed by the
19 federal Department of Health and Human Services; and
20 (a-5) State the date of entry of the order for
21 support upon which the income withholding notice is
22 based; and
23 (b) Direct any payor to withhold the dollar amount
24 required for current support under the order for support;
25 and
26 (c) Direct any payor to withhold the dollar amount
27 required to be paid periodically under the order for
28 support for payment of the amount of any arrearage stated
29 in the order for support; and
30 (d) Direct any payor or labor union or trade union
31 to enroll a child as a beneficiary of a health insurance
32 plan and withhold or cause to be withheld, if applicable,
33 any required premiums; and
34 (e) State the amount of the payor income
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1 withholding fee specified under this Section; and
2 (f) State that the amount actually withheld from
3 the obligor's income for support and other purposes,
4 including the payor withholding fee specified under this
5 Section, may not be in excess of the maximum amount
6 permitted under the federal Consumer Credit Protection
7 Act; and
8 (g) State the duties of the payor and the fines and
9 penalties for failure to withhold and pay over income and
10 for discharging, disciplining, refusing to hire, or
11 otherwise penalizing the obligor because of the duty to
12 withhold and pay over income under this Section; and
13 (h) State the rights, remedies, and duties of the
14 obligor under this Section; and
15 (i) Include the obligor's Social Security Number;
16 and
17 (j) 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; and.
21 (k) Contain the signature of the obligee or
22 authorized representative of the public office, except
23 that the failure to contain the signature shall not
24 affect the validity of the income withholding notice.
25 (4) The accrual of a delinquency as a condition for
26 service of an income withholding notice, under the exception
27 to immediate withholding in paragraph (1) of this subsection,
28 shall apply only to the initial service of an income
29 withholding notice on a payor of the obligor.
30 (5) Notwithstanding the exception to immediate
31 withholding contained in paragraph (1) of this subsection, if
32 the court finds at the time of any hearing that an arrearage
33 has accrued, the court shall order immediate service of an
34 income withholding notice upon the payor.
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1 (6) If the order for support, under the exception to
2 immediate withholding contained in paragraph (1) of this
3 subsection, provides that an income withholding notice is to
4 be prepared and served only if the obligor becomes delinquent
5 in paying the order for support, the obligor may execute a
6 written waiver of that condition and request immediate
7 service on the payor.
8 (7) The obligee or public office may serve the income
9 withholding notice on the payor or its superintendent,
10 manager, or other agent by ordinary mail or certified mail
11 return receipt requested, by facsimile transmission or other
12 electronic means, by personal delivery, or by any method
13 provided by law for service of a summons. At the time of
14 service on the payor and as notice that withholding has
15 commenced, the obligee or public office shall serve a copy of
16 the income withholding notice on the obligor by ordinary mail
17 addressed to his or her last known address. A copy of the
18 income withholding notice together with proofs of service on
19 the payor and the obligor shall be filed with the Clerk of
20 the Circuit Court.
21 (8) At any time after the initial service of an income
22 withholding notice under this Section, any other payor of the
23 obligor may be served with the same income withholding notice
24 without further notice to the obligor. A copy of the income
25 withholding notice together with a proof of service on the
26 other payor shall be filed with the Clerk of the Circuit
27 Court.
28 (9) (4) New service of an income order for withholding
29 notice is not required in order to resume withholding of
30 income in the case of an obligor with respect to whom an
31 income order for withholding notice was previously served on
32 the payor if withholding of income was terminated because of
33 an interruption in the obligor's employment of less than 180
34 days.
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1 (C) Income Withholding After Accrual of Delinquency.
2 (1) Whenever an obligor accrues a delinquency, the
3 obligee or public office may prepare and serve upon the
4 obligor's payor an income withholding notice that:
5 (a) Contains the information required under
6 paragraph (3) of subsection (B); and
7 (b) Contains a computation of the period and total
8 amount of the delinquency as of the date of the notice;
9 and
10 (c) Directs the payor to withhold the dollar amount
11 required to be withheld periodically under the order for
12 support for payment of the delinquency.
13 (2) The income withholding notice and the obligor's copy
14 of the income withholding notice shall be served as provided
15 in paragraph (7) of subsection (B).
16 (3) The obligor may contest withholding commenced under
17 this subsection by filing a petition to contest withholding
18 with the Clerk of the Circuit Court within 20 days after
19 service of a copy of the income withholding notice on the
20 obligor. However, the grounds for the petition to contest
21 withholding shall be limited to:
22 (a) A dispute concerning the existence or amount of
23 the delinquency; or
24 (b) The identity of the obligor.
25 The Clerk of the Circuit Court shall notify the obligor
26 and the obligee or public office of the time and place of the
27 hearing on the petition to contest withholding. The court
28 shall hold the hearing pursuant to the provisions of
29 subsection (F).
30 (D) Initiated Withholding.
31 (1) Notwithstanding any other provision of this Section,
32 if the court has not required that income withholding take
33 effect immediately, the obligee or public office may initiate
34 withholding, regardless of whether a delinquency has accrued,
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1 by preparing and serving an income withholding notice on the
2 payor that contains the information required under paragraph
3 (3) of subsection (B) and states that the parties' written
4 agreement providing an alternative arrangement to immediate
5 withholding under paragraph (1) of subsection (B) no longer
6 ensures payment of support and the reason or reasons why it
7 does not.
8 (2) The income withholding notice and the obligor's copy
9 of the income withholding notice shall be served as provided
10 in paragraph (7) of subsection (B).
11 (3) The obligor may contest withholding commenced under
12 this subsection by filing a petition to contest withholding
13 with the Clerk of the Circuit Court within 20 days after
14 service of a copy of the income withholding notice on the
15 obligor. However, the grounds for the petition shall be
16 limited to a dispute concerning:
17 (a) whether the parties' written agreement providing
18 an alternative arrangement to immediate withholding under
19 paragraph (1) of subsection (B) continues to ensure
20 payment of support; or
21 (b) the identity of the obligor.
22 It shall not be grounds for filing a petition that the
23 obligor has made all payments due by the date of the
24 petition.
25 (4) If the obligor files a petition contesting
26 withholding within the 20-day period required under paragraph
27 (3), 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. The court shall
30 hold the hearing pursuant to the provisions of subsection
31 (F). regular or facsimile regular or facsimile
32 (E) Duties of Payor.
33 (1) It shall be the duty of any payor who has been
34 served with an income withholding notice to deduct and pay
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1 over income as provided in this subsection. The payor shall
2 deduct the amount designated in the income withholding
3 notice, as supplemented by any notice provided pursuant to
4 paragraph (6) of subsection (G), beginning no later than the
5 next payment of income which is payable or creditable to the
6 obligor that occurs 14 days following the date the income
7 withholding notice was mailed, sent by facsimile or other
8 electronic means, or placed for personal delivery to or
9 service on the payor. The payor may combine all amounts
10 withheld for the benefit of an obligee or public office into
11 a single payment and transmit the payment with a listing of
12 obligors from whom withholding has been effected. The payor
13 shall pay the amount withheld to the obligee or public office
14 within 7 business days after the date the amount would (but
15 for the duty to withhold income) have been paid or credited
16 to the obligor. If the payor knowingly fails to pay any
17 amount withheld to the obligee or public office within 7
18 business days after the date the amount would have been paid
19 or credited to the obligor, the payor shall pay a penalty of
20 $100 for each day that the withheld amount is not paid to the
21 obligee or public office after the period of 7 business days
22 has expired. The failure of a payor, on more than one
23 occasion, to pay amounts withheld to the obligee or public
24 office within 7 business days after the date the amount would
25 have been paid or credited to the obligor creates a
26 presumption that the payor knowingly failed to pay over the
27 amounts. This penalty may be collected in a civil action
28 which may be brought against the payor in favor of the
29 obligee or public office. A finding of a payor's
30 nonperformance within the time required under this Section
31 must be documented by a certified mail return receipt showing
32 the date the income order for withholding notice was served
33 on the payor. For purposes of this Section, a withheld amount
34 shall be considered paid by a payor on the date it is mailed
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1 by the payor, or on the date an electronic funds transfer of
2 the amount has been initiated by the payor, or on the date
3 delivery of the amount has been initiated by the payor. For
4 each deduction, the payor shall provide the obligee or public
5 office, at the time of transmittal, with the date the amount
6 would (but for the duty to withhold income) have been paid or
7 credited to the obligor.
8 Upon receipt of an income withholding notice requiring
9 that a minor child be named as a beneficiary of a health
10 insurance plan available through an employer or labor union
11 or trade union, the employer or labor union or trade union
12 shall immediately enroll the minor child as a beneficiary in
13 the health insurance plan designated by the income
14 withholding notice. The employer shall withhold any required
15 premiums and pay over any amounts so withheld and any
16 additional amounts the employer pays to the insurance carrier
17 in a timely manner. The employer or labor union or trade
18 union shall mail to the obligee, within 15 days of enrollment
19 or upon request, notice of the date of coverage, information
20 on the dependent coverage plan, and all forms necessary to
21 obtain reimbursement for covered health expenses, such as
22 would be made available to a new employee. When an order for
23 dependent coverage is in effect and the insurance coverage is
24 terminated or changed for any reason, the employer or labor
25 union or trade union shall notify the obligee within 10 days
26 of the termination or change date along with notice of
27 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 income
33 withholding notice 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 income withholding notice
9 pertaining to the same obligor, the payor shall allocate
10 income available for withholding on a proportionate share
11 basis, giving priority to current support payments. If there
12 is any income available for withholding after withholding for
13 all current support obligations, the payor shall allocate the
14 income to past due support payments ordered in cases in which
15 cash assistance under this Code is not being provided to the
16 obligee and then to past due support payments ordered in
17 cases in which cash assistance under this Code is being
18 provided to the obligee, both on a proportionate share basis.
19 A payor who complies with an income withholding notice that
20 is regular on its face shall not be subject to civil
21 liability with respect to any individual, any agency, or any
22 creditor of the obligor for conduct in compliance with the
23 notice.
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 (F) Petitions to Contest Withholding or to Modify, Suspend,
28 Terminate, or Correct Income Withholding Notices.
29 (1) When an obligor files a petition to contest
30 withholding, the court, after due notice to all parties,
31 shall hear the matter as soon as practicable and shall enter
32 an order granting or denying relief, ordering service of an
33 amended income withholding notice, where applicable, or
34 otherwise resolving the matter.
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1 The court shall deny the obligor's petition if the court
2 finds that when the income withholding notice was mailed,
3 sent by facsimile transmission or other electronic means, or
4 placed for personal delivery to or service on the payor:
5 (a) A delinquency existed; or
6 (b) The parties' written agreement providing an
7 alternative arrangement to immediate withholding under
8 paragraph (1) of subsection (B) no longer ensured payment
9 of support.
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 income
13 withholding notice because of a modification, suspension
14 or 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 income withholding notice because
19 of inability to deliver income withheld to the obligee
20 due to the obligee's failure to provide a mailing address
21 or other means of delivery.
22 (3) At any time an obligor may petition the court to
23 correct a term contained in an income withholding notice to
24 conform to that stated in the underlying order for support
25 for:
26 (a) The amount of current support;
27 (b) The amount of the arrearage;
28 (c) The periodic amount for payment of the
29 arrearage; or
30 (d) The periodic amount for payment of the
31 delinquency.
32 (4) The obligor, obligee or public office shall serve on
33 the payor, in the manner provided for service of income
34 withholding notices in paragraph (7) of subsection (B), a
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1 copy of any order entered pursuant to this subsection that
2 affects the duties of the payor.
3 (5) At any time, a public office or Clerk of the Circuit
4 Court may serve a notice on the payor to:
5 (a) Cease withholding of income for payment of
6 current support for a child when the support obligation
7 for that child has automatically ceased under the order
8 for support through emancipation or otherwise; or
9 (b) Cease withholding of income for payment of
10 delinquency or arrearage when the delinquency or
11 arrearage has been paid in full.
12 (6) The notice provided for under paragraph (5) of this
13 subsection shall be served on the payor in the manner
14 provided for service of income withholding notices in
15 paragraph (7) of subsection (B), and a copy shall be provided
16 to the obligor and the obligee.
17 (7) The income withholding notice shall continue to be
18 binding upon the payor until service of an amended income
19 withholding notice or any order of the court or notice
20 entered or provided for under this subsection.
21 (G) Additional Duties.
22 (1) An obligee who is receiving income withholding
23 payments under this Section shall notify the payor, if the
24 obligee receives the payments directly from the payor, or the
25 public office or the Clerk of the Circuit Court, as
26 appropriate, of any change of address within 7 days of such
27 change.
28 (2) An obligee who is a recipient of public aid shall
29 send a copy of any income withholding notice served by the
30 obligee to the Division of Child Support Enforcement of the
31 Illinois Department of Public Aid.
32 (3) Each obligor shall notify the obligee, the public
33 office, and the Clerk of the Circuit Court of any change of
34 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, the public office, and the
4 Clerk of the Circuit 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 income withholding notices shall maintain complete, accurate,
18 and 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 the amount would (but for the
33 duty to withhold income) have been paid or credited to the
34 obligor.
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1 (H) Penalties.
2 (1) Where a payor wilfully fails to withhold or pay over
3 income pursuant to a properly served income withholding
4 notice, or wilfully discharges, disciplines, refuses to hire
5 or otherwise penalizes an obligor as prohibited by subsection
6 (E), or otherwise fails to comply with any duties imposed by
7 this Section, the obligee, public office or obligor, as
8 appropriate, may file a complaint with the court against the
9 payor. The clerk of the circuit court shall notify the
10 obligee or public office, as appropriate, and the obligor and
11 payor of the time and place of the hearing on the complaint.
12 The court shall resolve any factual dispute including, but
13 not limited to, a denial that the payor is paying or has paid
14 income to the obligor. Upon a finding in favor of the
15 complaining party, the court:
16 (a) Shall enter judgment and direct the enforcement
17 thereof for the total amount that the payor wilfully
18 failed to withhold or pay over; and
19 (b) May order employment or reinstatement of or
20 restitution to the obligor, or both, where the obligor
21 has been discharged, disciplined, denied employment or
22 otherwise penalized by the payor and may impose a fine
23 upon the payor not to exceed $200.
24 (2) Any obligee, public office or obligor who wilfully
25 initiates a false proceeding under this Section or who
26 wilfully fails to comply with the requirements of this
27 Section shall be punished as in cases of contempt of court.
28 (I) Alternative Procedures for Service of an Income
29 Withholding Notice.
30 (1) The procedures of this subsection may be used in any
31 matter to serve an income withholding notice on a payor if:
32 (a) For any reason the most recent order for
33 support entered does not contain the income withholding
34 provisions required under subsection (B), irrespective of
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1 whether a separate order for withholding was entered
2 prior to July 1, 1997; and
3 (b) The obligor has accrued a delinquency after
4 entry of the most recent order for support.
5 (2) The obligee or public office shall prepare and serve
6 the income withholding notice in accordance with the
7 provisions of subsection (C), except that the notice shall
8 contain a periodic amount for payment of the delinquency
9 equal to 20% of the total of the current support amount and
10 the amount to be paid periodically for payment of any
11 arrearage stated in the most recent order for support.
12 (3) If the obligor requests in writing that income
13 withholding become effective prior to the obligor accruing a
14 delinquency under the most recent order for support, the
15 obligee or public office may prepare and serve an income
16 withholding notice on the payor as provided in subsection
17 (B). In addition to filing proofs of service of the income
18 withholding notice on the payor and the obligor, the obligee
19 or public office shall file a copy of the obligor's written
20 request for income withholding with the Clerk of the Circuit
21 Court.
22 (4) All other provisions of this Section shall be
23 applicable with respect to the provisions of this subsection
24 (I).
25 (J) Remedies in Addition to Other Laws.
26 (1) The rights, remedies, duties and penalties created
27 by this Section are in addition to and not in substitution
28 for any other rights, remedies, duties and penalties created
29 by any other law.
30 (2) Nothing in this Section shall be construed as
31 invalidating any assignment of wages or benefits executed
32 prior to January 1, 1984 or any order for withholding served
33 prior to July 1, 1997.
34 (Source: P.A. 89-507, eff. 7-1-97; 90-18, eff. 7-1-97;
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1 90-425, eff. 8-15-97; revised 9-29-97.)
2 (305 ILCS 5/10-17.7)
3 Sec. 10-17.7. Administrative determination of paternity.
4 The Illinois Department may provide by rule for the
5 administrative determination of paternity by the Child and
6 Spouse Support Unit in cases involving applicants for or
7 recipients of financial aid under Article IV of this Act and
8 other persons who are given access to the child and spouse
9 support services of this Article as provided in Section 10-1,
10 including persons similarly situated and receiving similar
11 services in other states. The rules shall extend to cases in
12 which the mother and alleged father voluntarily acknowledge
13 paternity in the form required by the Illinois Department, or
14 agree to be bound by the results of genetic testing, or in
15 which the alleged father has failed to respond to a
16 notification of support obligation issued under Section 10-4,
17 and for purposes of the program provided for under Section
18 12-4.31 to cases of contested paternity involving only
19 applicants for or recipients of assistance under Articles IV,
20 V and VI of this Code. Any presumption provided for under
21 the Illinois Parentage Act of 1984 shall apply to cases in
22 which paternity is determined under the rules of the Illinois
23 Department. The rules shall provide for notice and an
24 opportunity to be heard by the responsible relative and the
25 person receiving child and spouse support services under this
26 Article affected if paternity is not voluntarily
27 acknowledged, and any final administrative decision rendered
28 by the Illinois Department shall be reviewed only under and
29 in accordance with the Administrative Review Law.
30 Determinations of paternity made by the Illinois Department
31 under the rules authorized by this Section shall have the
32 full force and effect of a court judgment of paternity
33 entered under the Illinois Parentage Act of 1984.
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1 In determining paternity in contested cases, the Illinois
2 Department shall conduct the evidentiary hearing in
3 accordance with Section 11 of the Parentage Act of 1984,
4 except that references in that Section to "the court" shall
5 be deemed to mean the Illinois Department's hearing officer
6 in cases in which paternity is determined administratively by
7 the Illinois Department.
8 Notwithstanding any other provision of this Article, and
9 regarding only cases included in the program provided for
10 under Section 12-4.31 of this Code, a default determination
11 of paternity may be made if service of the notice under
12 Section 10-4 was made by publication under the rules for
13 administrative paternity determination authorized by this
14 Section. The rules as they pertain to service by publication
15 shall (i) be based on the provisions of Section 2-206 and
16 2-207 of the Code of Civil Procedure, (ii) provide for
17 service by publication in cases in which the whereabouts of
18 the alleged father are unknown after diligent location
19 efforts by the Child and Spouse Support Unit, and (iii)
20 provide for publication of a notice of default paternity
21 determination in the same manner that the notice under
22 Section 10-4 was published.
23 Notwithstanding the limitation on review of final
24 administrative decisions contained in the first paragraph of
25 this Section, a man administratively determined to be the
26 father of a child by default, if the notice under Section
27 10-4 was served by publication, may bring a petition in the
28 circuit court for relief from the administrative
29 determination of paternity on the same grounds provided for
30 relief from judgments under Section 2-1401 of the Code of
31 Civil Procedure. The petition must be filed not later than 2
32 years after notice of the default determination was published
33 in accordance with the rules of the Illinois Department.
34 Allegations in the petition made without reasonable cause and
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1 found to be untrue shall subject the petitioner or his
2 attorney, or both, to the payment of reasonable costs and
3 attorney's fees incurred by the Illinois Department in
4 defending against the petition.
5 The Illinois Department may implement this Section
6 through the use of emergency rules in accordance with Section
7 5-45 of the Illinois Administrative Procedure Act. For
8 purposes of the Illinois Administrative Procedure Act, the
9 adoption of rules to implement this Section shall be
10 considered an emergency and necessary for the public
11 interest, safety, and welfare.
12 (Source: P.A. 88-687, eff. 1-24-95; 89-6, eff. 3-6-95;
13 89-641, eff. 8-9-96.)
14 (305 ILCS 5/10-26 new)
15 Sec. 10-26. State Disbursement Unit.
16 (a) Effective October 1, 1998 the Illinois Department
17 shall establish within the Child and Spouse Support Unit a
18 State Disbursement Unit in accordance with the requirements
19 of Title IV, Part D of the Social Security Act. The purpose
20 of the State Disbursement Unit shall be to collect and
21 disburse support payments made under court and administrative
22 support orders:
23 (1) being enforced in cases in which child and
24 spouse support services are being provided under this
25 Article X; and
26 (2) in all cases in which child and spouse support
27 services are not being provided under this Article X, but
28 in which the support order was entered on or after
29 January 1, 1994 and support payments are made under the
30 income withholding provisions of this Code, the Illinois
31 Marriage and Dissolution of Marriage Act, the Non-Support
32 of Spouse and Children Act, the Revised Uniform
33 Reciprocal Enforcement of Support Act, the Uniform
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1 Interstate Family Support Act, or the Illinois Parentage
2 Act of 1984.
3 (b) All payments received by the State Disbursement Unit
4 shall be deposited into the Child Support Enforcement Trust
5 Fund established under Section 12-10.2 of this Code.
6 (c) The Illinois Department shall promulgate rules
7 necessary for the implementation of this Section.
8 (305 ILCS 5/10-27 new)
9 Sec. 10-27. State Case Registry.
10 (a) The Illinois Department shall establish an automated
11 State Case Registry to contain records concerning child
12 support orders for parties receiving child and spouse support
13 services under this Article X, and for all child support
14 orders entered or modified on or after October 1, 1998, and
15 pursuant to Sections 10-10 and 10-11 of this Code, and
16 pursuant to the Illinois Marriage and Dissolution of Marriage
17 Act, the Non-Support of Spouse and Children Act, the Uniform
18 Interstate Family Support Act, or the Illinois Parentage Act
19 of 1984.
20 (b) The Illinois Department shall promulgate rules
21 necessary to implement this Section.
22 (c) The Illinois Department shall maintain the following
23 information in the Registry for all cases described in
24 subsection (a):
25 (1) the names of the custodial and non-custodial
26 parents, and of the child or children covered by the
27 order;
28 (2) the dates of birth of the custodial and
29 non-custodial parents, and of the child or children
30 covered by the order;
31 (3) the social security numbers of the custodial
32 and non-custodial parents and, if available, of the child
33 or children covered by the order;
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1 (4) the residential and mailing addresses for the
2 custodial and non-custodial parents;
3 (5) the telephone numbers for the custodial and
4 non-custodial parents;
5 (6) the driver's license numbers for the custodial
6 and non-custodial parents;
7 (7) the name, address, and telephone number of each
8 parent's employer or employers;
9 (8) the case identification number;
10 (9) the court docket number, if applicable; and
11 (10) any other information that may be required
12 under Title IV, Part D of the Social Security Act or
13 regulations promulgated thereunder.
14 (d) The Illinois Department shall maintain the following
15 payment information on child support orders for parties
16 receiving child and spouse support services under this
17 Article X:
18 (1) the amount of monthly or other periodic support
19 owed under the order and other amounts, including
20 arrearages, interest or late payment penalties, and fees,
21 due or overdue under the order;
22 (2) any amounts described in subdivision (1) of
23 subsection (d) that have been collected;
24 (3) the distribution of the collected amounts; and
25 (4) the amount of any lien imposed with respect to
26 the order pursuant to Section 10-25 or Section 10-25.5 of
27 this Code.
28 (e) The Illinois Department shall establish, update,
29 maintain, and monitor case records in the Registry of parties
30 receiving child and spouse support services under this
31 Article X, on the bases of:
32 (1) information on administrative actions and
33 administrative and judicial proceedings and orders
34 relating to paternity and support;
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1 (2) information obtained from comparison with
2 federal, State, and local sources of information;
3 (3) information on support collections and
4 distribution; and
5 (4) any other relevant information.
6 (f) The Illinois Department shall exchange data with
7 other federal, state, and local agencies and other sources of
8 information as necessary to maintain the Registry.
9 (g) The Illinois Department shall provide to the Federal
10 Case Registry the case information required by the Department
11 of Health and Human Services.
12 (305 ILCS 5/10-22 rep.)
13 (305 ILCS 5/12-4.31 rep.)
14 Section 6. The Illinois Public Aid Code is amended by
15 repealing Sections 10-22 and 12-4.31.
16 Section 8. The Vital Records Act is amended by changing
17 Section 12 as follows:
18 (410 ILCS 535/12) (from Ch. 111 1/2, par. 73-12)
19 Sec. 12. Live births; place of registration.
20 (1) Each live birth which occurs in this State shall be
21 registered with the local or subregistrar of the district in
22 which the birth occurred as provided in this Section, within
23 7 days after the birth. When a birth occurs on a moving
24 conveyance, the city, village, township, or road district in
25 which the child is first removed from the conveyance shall be
26 considered the place of birth and a birth certificate shall
27 be filed in the registration district in which the place is
28 located.
29 (2) When a birth occurs in an institution, the person in
30 charge of the institution or his designated representative
31 shall obtain and record all the personal and statistical
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1 particulars relative to the parents of the child that are
2 required to properly complete the live birth certificate;
3 shall secure the required personal signatures on the hospital
4 worksheet; shall prepare the certificate from this worksheet;
5 and shall file the certificate with the local registrar. The
6 institution shall retain the hospital worksheet permanently
7 or as otherwise specified by rule. The physician in
8 attendance shall verify or provide the date of birth and
9 medical information required by the certificate, within 24
10 hours after the birth occurs.
11 (3) When a birth occurs outside an institution, the
12 certificate shall be prepared and filed by one of the
13 following in the indicated order of priority:
14 (a) The physician in attendance at or immediately
15 after the birth, or in the absence of such a person,
16 (b) Any other person in attendance at or
17 immediately after the birth, or in the absence of such a
18 person,
19 (c) The father, the mother, or in the absence of
20 the father and the inability of the mother, the person in
21 charge of the premises where the birth occurred.
22 (4) Unless otherwise provided in this Act, if the mother
23 was not married to the father of the child at either the time
24 of conception or the time of birth, the name of the father
25 shall be entered on the child's birth certificate only if the
26 mother and the person to be named as the father have signed
27 an acknowledgment of parentage in accordance with subsection
28 (5).
29 Unless otherwise provided in this Act, if the mother was
30 married at the time of conception or birth and the presumed
31 father (that is, the mother's husband) is not the biological
32 father of the child, the name of the biological father shall
33 be entered on the child's birth certificate only if, in
34 accordance with subsection (5), (i) the mother and the person
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1 to be named as the father have signed an acknowledgment of
2 parentage and (ii) the mother and presumed father have signed
3 a denial of paternity.
4 (5) Upon the birth of a child to an unmarried woman, or
5 upon the birth of a child to a woman who was married at the
6 time of conception or birth and whose husband is not the
7 biological father of the child, the institution at the time
8 of birth and the local registrar or county clerk after the
9 birth shall do the following:
10 (a) Provide (i) an opportunity for the child's
11 mother and father to sign an acknowledgment of parentage
12 and (ii) if the presumed father is not the biological
13 father, an opportunity for the mother and presumed father
14 to sign a denial of paternity. The signing and
15 witnessing of the acknowledgment of parentage or, if the
16 presumed father of the child is not the biological
17 father, the acknowledgment of parentage and denial of
18 paternity conclusively establishes a parent and child
19 relationship in accordance with Sections 5 and 6 of the
20 Illinois Parentage Act of 1984.
21 The Illinois Department of Public Aid shall furnish
22 the acknowledgment of parentage and denial of paternity
23 form to institutions, county clerks, and State and local
24 registrars' offices. The form shall include instructions
25 to send the original signed and witnessed acknowledgment
26 of parentage and denial of paternity to the Illinois
27 Department of Public Aid.
28 (b) Provide the following documents, furnished by
29 the Illinois Department of Public Aid, to the child's
30 mother, biological father, and (if the person presumed to
31 be the child's father is not the biological father)
32 presumed father for their review at the time the
33 opportunity is provided to establish a parent and child
34 relationship:
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1 (i) An explanation of the implications of,
2 alternatives to, legal consequences of, and the
3 rights and responsibilities that arise from signing
4 an acknowledgment of parentage and, if necessary, a
5 denial of paternity, including an explanation of the
6 parental rights and responsibilities of child
7 support, visitation, custody, retroactive support,
8 health insurance coverage, and payment of birth
9 expenses.
10 (ii) An explanation of the benefits of having
11 a child's parentage established and the availability
12 of parentage establishment and support enforcement
13 services.
14 (iii) A request for an application for child
15 support services from the Illinois Department of
16 Public Aid.
17 (iv) Instructions concerning the opportunity
18 to speak, either by telephone or in person, with
19 staff of the Illinois Department of Public Aid who
20 are trained to clarify information and answer
21 questions about paternity establishment.
22 (v) Instructions for completing and signing
23 the acknowledgment of parentage and denial of
24 paternity.
25 (c) Provide an oral explanation of the documents
26 and instructions set forth in subdivision (5)(b),
27 including an explanation of the implications of,
28 alternatives to, legal consequences of, and the rights
29 and responsibilities that arise from signing an
30 acknowledgment of parentage and, if necessary, a denial
31 of paternity.
32 (6) The institution, State or local registrar, or county
33 clerk shall provide an opportunity for the child's father or
34 mother to sign a rescission of parentage. The signing and
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1 witnessing of the rescission of parentage voids the
2 acknowledgment of parentage and nullifies the presumption of
3 paternity if executed and filed with the Illinois Department
4 of Public Aid within the time frame contained in Section 5 of
5 the Illinois Parentage Act of 1984. The Illinois Department
6 of Public Aid shall furnish the rescission of parentage form
7 to institutions, county clerks, and State and local
8 registrars' offices. The form shall include instructions to
9 send the original signed and witnessed rescission of
10 parentage to the Illinois Department of Public Aid.
11 (7) An acknowledgment of paternity signed pursuant to
12 Section 6 of the Illinois Parentage Act of 1984 may be
13 challenged in court only on the basis of fraud, duress, or
14 material mistake of fact, with the burden of proof upon the
15 challenging party. Pending outcome of a challenge to the
16 acknowledgment of paternity, the legal responsibilities of
17 the signatories shall remain in full force and effect, except
18 upon order of the court upon a showing of good cause.
19 (8) When the process for acknowledgment of parentage as
20 provided for under subsection (5) establishes the paternity
21 of a child whose certificate of birth is on file in another
22 state, the Illinois Department of Public Aid shall forward a
23 copy of the acknowledgment of parentage, the denial of
24 paternity, if applicable, and the rescission of parentage, if
25 applicable, to the birth record agency of the state where the
26 child's certificate of birth is on file.
27 (Source: P.A. 89-641, eff. 8-9-96; 90-18, eff. 7-1-97)
28 Section 10. The Illinois Marriage and Dissolution of
29 Marriage Act is amended by changing Sections 507, 705, and
30 706.1 and adding Sections 505.3 and 507.1 as follows:
31 (750 ILCS 5/505.3 new)
32 Sec. 505.3. Information to State Case Registry.
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1 (a) When an order for support is entered or modified on
2 or after October 1, 1998, the clerk of the circuit court
3 shall, within 5 business days, provide to the State Case
4 Registry established under Section 10-27 of the Illinois
5 Public Aid Code the court docket number and county in which
6 the order is entered or modified and the following
7 information, which the parties shall disclose to the court:
8 (1) The names of the custodial and non-custodial
9 parents and of the child or children covered by the
10 order.
11 (2) The dates of birth of the custodial and
12 non-custodial parents and of the child or children
13 covered by the order.
14 (3) The social security numbers of the custodial
15 and non-custodial parents and, if available, of the child
16 or children covered by the order.
17 (4) The residential and mailing addresses for the
18 custodial and non-custodial parents.
19 (5) The telephone numbers for the custodial and
20 non-custodial parents.
21 (6) The driver's license numbers for the custodial
22 and non-custodial parents.
23 (7) The name, address, and telephone number of each
24 parent's employer or employers.
25 (b) When a child support order is entered or modified
26 for a case in which a party is receiving child and spouse
27 support services under Article X of the Illinois Public Aid
28 Code, the clerk shall provide the State Case Registry with
29 the following information:
30 (1) The information specified in subsection (a) of
31 this Section.
32 (2) The amount of monthly or other periodic support
33 owed under the order and other amounts, including
34 arrearages, interest, or late payment penalties and fees,
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1 due or overdue under the order.
2 (3) Any amounts described in subdivision (2) of
3 this subsection (b) that have been received by the clerk.
4 (4) The distribution of the amounts received by the
5 clerk.
6 (c) To the extent that updated information is in the
7 clerk's possession, the clerk shall provide updates of the
8 information specified in subsection (b) of this Section
9 within 5 business days after the Illinois Department of
10 Public Aid's request for that updated information.
11 (750 ILCS 5/507) (from Ch. 40, par. 507)
12 Sec. 507. Payment of maintenance or support to court.
13 (a) In actions instituted under this Act, the court
14 shall order that maintenance and support payments be made to
15 the clerk of court as trustee for remittance to the person
16 entitled to receive the payments. However, the court in its
17 discretion may direct otherwise where circumstances so
18 warrant.
19 In cases in which a party is receiving child and spouse
20 support services under Article X of the Illinois Public Aid
21 Code and the order for support provides that child support
22 payments be made to the obligee, the Illinois Department of
23 Public Aid may provide notice to the obligor and the
24 obligor's payor, when income withholding is in effect under
25 Section 706.1 of this Act, to make all payments after receipt
26 of the Department's notice to the clerk of the court until
27 further notice by the Department or order of the court.
28 Copies of the notice shall be provided to the obligee and the
29 clerk. The clerk's copy shall contain a proof of service on
30 the obligor and the obligor's payor, where applicable. The
31 clerk shall file the clerk's copy of the notice in the court
32 file. The notice to the obligor and the payor, if applicable,
33 may be sent by ordinary mail, certified mail, return receipt
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1 requested, facsimile transmission, or other electronic
2 process, or may be served upon the obligor or payor using any
3 method provided by law for service of a summons. An obligor
4 who fails to comply with a notice provided under this
5 paragraph is guilty of a Class B misdemeanor. A payor who
6 fails to comply with a notice provided under this paragraph
7 is guilty of a business offense and subject to a fine of up
8 to $1,000.
9 Upon notification in writing or by electronic
10 transmission from the Illinois Department of Public Aid to
11 the clerk of the court that a person who is receiving support
12 payments under this Section is receiving services under the
13 Child Support Enforcement Program established by Title IV-D
14 of the Social Security Act, any support payments subsequently
15 received by the clerk of the court shall be transmitted in
16 accordance with the instructions of the Illinois Department
17 of Public Aid until the Department gives notice to the clerk
18 of the court to cease the transmittal. After providing the
19 notification authorized under this paragraph, the Illinois
20 Department of Public Aid shall be entitled as a party to
21 notice of any further proceedings in the case. The clerk of
22 the court shall file a copy of the Illinois Department of
23 Public Aid's notification in the court file. The failure of
24 the clerk to file a copy of the notification in the court
25 file shall not, however, affect the Illinois Department of
26 Public Aid's right to receive notice of further proceedings.
27 (b) The clerk of court shall maintain records listing
28 the amount of payments, the date payments are required to be
29 made and the names and addresses of the parties affected by
30 the order. For those cases in which support is payable to the
31 clerk of the circuit court for transmittal to the Illinois
32 Department of Public Aid by order of the court or upon
33 notification of the Illinois Department of Public Aid, and
34 the Illinois Department of Public Aid collects support by
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1 assignment, offset, withholding, deduction or other process
2 permitted by law, the Illinois Department shall notify the
3 clerk of the date and amount of such collection. Upon
4 notification, the clerk shall record the collection on the
5 payment record for the case.
6 (c) The parties affected by the order shall inform the
7 clerk of court of any change of address or of other condition
8 that may affect the administration of the order.
9 (d) The provisions of this Section shall not apply to
10 cases that come under the provisions of Sections 709 through
11 712.
12 (Source: P.A. 90-18, eff. 7-1-97.)
13 (750 ILCS 5/507.1 new)
14 Sec. 507.1. Payment of support to State Disbursement
15 Unit.
16 (a) As used in this Section:
17 "Order for support", "obligor", "obligee", and "payor"
18 mean those terms as defined in Section 706.1 of this Act.
19 (b) Notwithstanding any other provision of this Act to
20 the contrary, each order for support entered or modified on
21 or after October 1, 1998 shall require that support payments
22 be made to the State Disbursement Unit established under
23 Section 10-26 of the Illinois Public Aid Code, under the
24 following circumstances:
25 (1) when a party to the order is receiving child
26 and spouse support services under Article X of the
27 Illinois Public Aid Code; or
28 (2) when no party to the order is receiving child
29 and spouse support services, but the support payments are
30 made through income withholding.
31 (c) The Illinois Department of Public Aid shall provide
32 notice to the obligor and, where applicable, to the obligor's
33 payor to make support payments to the State Disbursement Unit
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1 under the following circumstances:
2 (1) when the order for support was entered before
3 October 1, 1998, and a party to the order is receiving
4 child and spouse support services under Article X of the
5 Illinois Public Aid Code; or
6 (2) when the order for support was entered on or
7 after January 1, 1994 but before October 1, 1998, no
8 party to the order is receiving child and spouse support
9 services, and the support payments are being made through
10 income withholding.
11 (d) The notice provided for under subsection (c) may be
12 sent by ordinary mail, certified mail, return receipt
13 requested, facsimile transmission, or other electronic
14 process, or may be served upon the obligor or payor using any
15 method provided by law for service of a summons. The
16 Illinois Department of Public Aid shall provide a copy of the
17 notice to the obligee and, when the order for support was
18 entered by the court, to the clerk of the court.
19 (e) An obligor who fails to comply with a notice
20 provided under subsection (c) is guilty of a Class B
21 misdemeanor.
22 (f) A payor who fails to comply with a notice provided
23 under subsection (c) is guilty of a business offense and
24 subject to a fine of up to $1,000.
25 (750 ILCS 5/705) (from Ch. 40, par. 705)
26 Sec. 705. Support payments; receiving and disbursing
27 agents.
28 (1) The provisions of this Section shall apply, except
29 as provided in Sections 709 through 712.
30 (2) In a dissolution of marriage action filed in a
31 county of less than 3 million population in which an order or
32 judgment for child support is entered, and in supplementary
33 proceedings in any such county to enforce or vary the terms
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1 of such order or judgment arising out of an action for
2 dissolution of marriage filed in such county, the court,
3 except as it otherwise orders, under subsection (4) of this
4 Section, may direct that child support payments be made to
5 the clerk of the court.
6 (3) In a dissolution of marriage action filed in any
7 county of 3 million or more population in which an order or
8 judgment for child support is entered, and in supplementary
9 proceedings in any such county to enforce or vary the terms
10 of such order or judgment arising out of an action for
11 dissolution of marriage filed in such county, the court,
12 except as it otherwise orders under subsection (4) of this
13 Section, may direct that child support payments be made
14 either to the clerk of the court or to the Court Service
15 Division of the County Department of Public Aid. After the
16 effective date of this Act, the court, except as it otherwise
17 orders under subsection (4) of this Section, may direct that
18 child support payments be made either to the clerk of the
19 court or to the Illinois Department of Public Aid.
20 (4) In a dissolution of marriage action or supplementary
21 proceedings involving maintenance or child support payments,
22 or both, to persons who are recipients of aid under the
23 Illinois Public Aid Code, the court shall direct that such
24 payments be made to (a) the Illinois Department of Public Aid
25 if the persons are recipients under Articles III, IV, or V of
26 the Code, or (b) the local governmental unit responsible for
27 their support if they are recipients under Articles VI or VII
28 of the Code. In accordance with federal law and regulations,
29 the Illinois Department of Public Aid may continue to collect
30 current maintenance payments or child support payments, or
31 both, after those persons cease to receive public assistance
32 and until termination of services under Article X of the
33 Illinois Public Aid Code. The Illinois Department of Public
34 Aid shall pay the net amount collected to those persons after
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1 deducting any costs incurred in making the collection or any
2 collection fee from the amount of any recovery made. The
3 order shall permit the Illinois Department of Public Aid or
4 the local governmental unit, as the case may be, to direct
5 that payments be made directly to the former spouse, the
6 children, or both, or to some person or agency in their
7 behalf, upon removal of the former spouse or children from
8 the public aid rolls or upon termination of services under
9 Article X of the Illinois Public Aid Code; and upon such
10 direction, the Illinois Department or local governmental
11 unit, as the case requires, shall give notice of such action
12 to the court in writing or by electronic transmission.
13 (5) All clerks of the court and the Court Service
14 Division of a County Department of Public Aid and, after the
15 effective date of this Act, all clerks of the court and the
16 Illinois Department of Public Aid, receiving child support
17 payments under subsections (2) and (3) of this Section shall
18 disburse the payments to the person or persons entitled
19 thereto under the terms of the order or judgment. They shall
20 establish and maintain current records of all moneys received
21 and disbursed and of defaults and delinquencies in required
22 payments. The court, by order or rule, shall make provision
23 for the carrying out of these duties.
24 In cases in which a party is receiving child and spouse
25 support services under Article X of the Illinois Public Aid
26 Code and the order for support provides that child support
27 payments be made to the obligee, the Illinois Department of
28 Public Aid may provide notice to the obligor and the
29 obligor's payor, when income withholding is in effect under
30 Section 706.1 of this Act, to make all payments after receipt
31 of the Department's notice to the clerk of the court until
32 further notice by the Department or order of the court.
33 Copies of the notice shall be provided to the obligee and the
34 clerk. The clerk's copy shall contain a proof of service on
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1 the obligor and the obligor's payor, where applicable. The
2 clerk shall file the clerk's copy of the notice in the court
3 file. The notice to the obligor and the payor, if applicable,
4 may be sent by ordinary mail, certified mail, return receipt
5 requested, facsimile transmission, or other electronic
6 process, or may be served upon the obligor or payor using any
7 method provided by law for service of a summons. An obligor
8 who fails to comply with a notice provided under this
9 paragraph is guilty of a Class B misdemeanor. A payor who
10 fails to comply with a notice provided under this paragraph
11 is guilty of a business offense and subject to a fine of up
12 to $1,000.
13 Upon notification in writing or by electronic
14 transmission from the Illinois Department of Public Aid to
15 the clerk of the court that a person who is receiving support
16 payments under this Section is receiving services under the
17 Child Support Enforcement Program established by Title IV-D
18 of the Social Security Act, any support payments subsequently
19 received by the clerk of the court shall be transmitted in
20 accordance with the instructions of the Illinois Department
21 of Public Aid until the Department gives notice to the clerk
22 of the court to cease the transmittal. After providing the
23 notification authorized under this paragraph, the Illinois
24 Department of Public Aid shall be entitled as a party to
25 notice of any further proceedings in the case. The clerk of
26 the court shall file a copy of the Illinois Department of
27 Public Aid's notification in the court file. The failure of
28 the clerk to file a copy of the notification in the court
29 file shall not, however, affect the Illinois Department of
30 Public Aid's right to receive notice of further proceedings.
31 Payments under this Section to the Illinois Department of
32 Public Aid pursuant to the Child Support Enforcement Program
33 established by Title IV-D of the Social Security Act shall be
34 paid into the Child Support Enforcement Trust Fund. All other
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1 payments under this Section to the Illinois Department of
2 Public Aid shall be deposited in the Public Assistance
3 Recoveries Trust Fund. Disbursements from these funds shall
4 be as provided in the Illinois Public Aid Code. Payments
5 received by a local governmental unit shall be deposited in
6 that unit's General Assistance Fund. Any order of court
7 directing payment of child support to a clerk of court or the
8 Court Service Division of a County Department of Public Aid,
9 which order has been entered on or after August 14, 1961, and
10 prior to the effective date of this Act, may be amended by
11 the court in line with this Act; and orders involving
12 payments of maintenance or child support to recipients of
13 public aid may in like manner be amended to conform to this
14 Act.
15 (6) No filing fee or costs will be required in any
16 action brought at the request of the Illinois Department of
17 Public Aid in any proceeding under this Act. However, any
18 such fees or costs may be assessed by the court against the
19 respondent in the court's order of support or any
20 modification thereof in a proceeding under this Act.
21 (7) For those cases in which child support is payable to
22 the clerk of the circuit court for transmittal to the
23 Illinois Department of Public Aid by order of court or upon
24 notification by the Illinois Department of Public Aid, the
25 clerk shall transmit all such payments, within 4 working days
26 of receipt, to insure that funds are available for immediate
27 distribution by the Department to the person or entity
28 entitled thereto in accordance with standards of the Child
29 Support Enforcement Program established under Title IV-D of
30 the Social Security Act. The clerk shall notify the
31 Department of the date of receipt and amount thereof at the
32 time of transmittal. Where the clerk has entered into an
33 agreement of cooperation with the Department to record the
34 terms of child support orders and payments made thereunder
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1 directly into the Department's automated data processing
2 system, the clerk shall account for, transmit and otherwise
3 distribute child support payments in accordance with such
4 agreement in lieu of the requirements contained herein.
5 In any action filed in a county with a population of
6 1,000,000 or less, the court shall assess against the
7 respondent in any order of maintenance or child support any
8 sum up to $36 annually authorized by ordinance of the county
9 board to be collected by the clerk of the court as costs for
10 administering the collection and disbursement of maintenance
11 and child support payments. Such sum shall be in addition to
12 and separate from amounts ordered to be paid as maintenance
13 or child support.
14 (Source: P.A. 90-18, eff. 7-1-97.)
15 (750 ILCS 5/706.1) (from Ch. 40, par. 706.1)
16 Sec. 706.1. Withholding of Income to Secure Payment of
17 Support.
18 (A) Definitions.
19 (1) "Order for support" means any order of the court
20 which provides for periodic payment of funds for the support
21 of a child or maintenance of a spouse, whether temporary or
22 final, and includes any such order which provides for:
23 (a) Modification or resumption of, or payment of
24 arrearage accrued under, a previously existing order;
25 (b) Reimbursement of support; or
26 (c) Enrollment in a health insurance plan that is
27 available to the obligor through an employer or labor
28 union or trade union.
29 (2) "Arrearage" means the total amount of unpaid support
30 obligations as determined by the court and incorporated into
31 an order for support.
32 (2.5) "Business day" means a day on which State offices
33 are open for regular business.
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1 (3) "Delinquency" means any payment under an order for
2 support which becomes due and remains unpaid after entry of
3 the order for support.
4 (4) "Income" means any form of periodic payment to an
5 individual, regardless of source, including, but not limited
6 to: wages, salary, commission, compensation as an independent
7 contractor, workers' compensation, disability, annuity,
8 pension, and retirement benefits, lottery prize awards,
9 insurance proceeds, vacation pay, bonuses, profit-sharing
10 payments, interest, and any other payments, made by any
11 person, private entity, federal or state government, any unit
12 of local government, school district or any entity created by
13 Public Act; however, "income" excludes:
14 (a) Any amounts required by law to be withheld,
15 other than creditor claims, including, but not limited
16 to, federal, State and local taxes, Social Security and
17 other retirement and disability contributions;
18 (b) Union dues;
19 (c) Any amounts exempted by the federal Consumer
20 Credit Protection Act;
21 (d) Public assistance payments; and
22 (e) Unemployment insurance benefits except as
23 provided by law.
24 Any other State or local laws which limit or exempt
25 income or the amount or percentage of income that can be
26 withheld shall not apply.
27 (5) "Obligor" means the individual who owes a duty to
28 make payments under an order for support.
29 (6) "Obligee" means the individual to whom a duty of
30 support is owed or the individual's legal representative.
31 (7) "Payor" means any payor of income to an obligor.
32 (8) "Public office" means any elected official or any
33 State or local agency which is or may become responsible by
34 law for enforcement of, or which is or may become authorized
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1 to enforce, an order for support, including, but not limited
2 to: the Attorney General, the Illinois Department of Public
3 Aid, the Illinois Department of Human Services, the Illinois
4 Department of Children and Family Services, and the various
5 State's Attorneys, Clerks of the Circuit Court and
6 supervisors of general assistance.
7 (9) "Premium" means the dollar amount for which the
8 obligor is liable to his employer or labor union or trade
9 union and which must be paid to enroll or maintain a child in
10 a health insurance plan that is available to the obligor
11 through an employer or labor union or trade union.
12 (B) Entry of Order for Support Containing Income Withholding
13 Provisions; Income Withholding Notice.
14 (1) In addition to any content required under other
15 laws, every order for support entered on or after July 1,
16 1997, shall:
17 (a) Require an income withholding notice to be
18 prepared and served immediately upon any payor of the
19 obligor by the obligee or public office, unless a written
20 agreement is reached between and signed by both parties
21 providing for an alternative arrangement, approved and
22 entered into the record by the court, which ensures
23 payment of support. In that case, the order for support
24 shall provide that an income withholding notice is to be
25 prepared and served only if the obligor becomes
26 delinquent in paying the order for support; and
27 (b) Contain a dollar amount to be paid until
28 payment in full of any delinquency that accrues after
29 entry of the order for support. The amount for payment
30 of delinquency shall not be less than 20% of the total of
31 the current support amount and the amount to be paid
32 periodically for payment of any arrearage stated in the
33 order for support; and
34 (c) Include the obligor's Social Security Number,
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1 which the obligor shall disclose to the court. If the
2 obligor is not a United States citizen, the obligor shall
3 disclose to the court, and the court shall include in the
4 order for support, the obligor's alien registration
5 number, passport number, and home country's social
6 security or national health number, if applicable.
7 (2) At the time the order for support is entered, the
8 Clerk of the Circuit Court shall provide a copy of the order
9 to the obligor and shall make copies available to the obligee
10 and public office.
11 (3) The income withholding notice shall:
12 (a) Be in the standard format prescribed by the
13 federal Department of Health and Human Services; and
14 (a-5) State the date of entry of the order for
15 support upon which the income withholding notice is
16 based; and
17 (b) Direct any payor to withhold the dollar amount
18 required for current support under the order for support;
19 and
20 (c) Direct any payor to withhold the dollar amount
21 required to be paid periodically under the order for
22 support for payment of the amount of any arrearage stated
23 in the order for support; and
24 (d) Direct any payor or labor union or trade union
25 to enroll a child as a beneficiary of a health insurance
26 plan and withhold or cause to be withheld, if applicable,
27 any required premiums; and
28 (e) State the amount of the payor income
29 withholding fee specified under this Section; and
30 (f) State that the amount actually withheld from
31 the obligor's income for support and other purposes,
32 including the payor withholding fee specified under this
33 Section, may not be in excess of the maximum amount
34 permitted under the federal Consumer Credit Protection
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1 Act; and
2 (g) State the duties of the payor and the fines and
3 penalties for failure to withhold and pay over income and
4 for discharging, disciplining, refusing to hire, or
5 otherwise penalizing the obligor because of the duty to
6 withhold and pay over income under this Section; and
7 (h) State the rights, remedies, and duties of the
8 obligor under this Section; and
9 (i) Include the obligor's Social Security Number;
10 and
11 (j) Include the date that withholding for current
12 support terminates, which shall be the date of
13 termination of the current support obligation set forth
14 in the order for support; and.
15 (k) Contain the signature of the obligee or
16 authorized representative of the public office, except
17 that the failure to contain the signature shall not
18 affect the validity of the income withholding notice.
19 (4) The accrual of a delinquency as a condition for
20 service of an income withholding notice, under the exception
21 to immediate withholding in paragraph (1) of this subsection,
22 shall apply only to the initial service of an income
23 withholding notice on a payor of the obligor.
24 (5) Notwithstanding the exception to immediate
25 withholding contained in paragraph (1) of this subsection, if
26 the court finds at the time of any hearing that an arrearage
27 has accrued, the court shall order immediate service of an
28 income withholding notice upon the payor.
29 (6) If the order for support, under the exception to
30 immediate withholding contained in paragraph (1) of this
31 subsection, provides that an income withholding notice is to
32 be prepared and served only if the obligor becomes delinquent
33 in paying the order for support, the obligor may execute a
34 written waiver of that condition and request immediate
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1 service on the payor.
2 (7) The obligee or public office may serve the income
3 withholding notice on the payor or its superintendent,
4 manager, or other agent by ordinary mail or certified mail
5 return receipt requested, by facsimile transmission or other
6 electronic means, by personal delivery, or by any method
7 provided by law for service of a summons. At the time of
8 service on the payor and as notice that withholding has
9 commenced, the obligee or public office shall serve a copy of
10 the income withholding notice on the obligor by ordinary mail
11 addressed to his or her last known address. A copy of the
12 income withholding notice together with proofs of service on
13 the payor and the obligor shall be filed with the Clerk of
14 the Circuit Court.
15 (8) At any time after the initial service of an income
16 withholding notice under this Section, any other payor of the
17 obligor may be served with the same income withholding notice
18 without further notice to the obligor. A copy of the income
19 withholding notice together with a proof of service on the
20 other payor shall be filed with the Clerk of the Circuit
21 Court.
22 (9) (4) New service of an income order for withholding
23 notice is not required in order to resume withholding of
24 income in the case of an obligor with respect to whom an
25 income order for withholding notice was previously served on
26 the payor if withholding of income was terminated because of
27 an interruption in the obligor's employment of less than 180
28 days.
29 (C) Income Withholding After Accrual of Delinquency.
30 (1) Whenever an obligor accrues a delinquency, the
31 obligee or public office may prepare and serve upon the
32 obligor's payor an income withholding notice that:
33 (a) Contains the information required under
34 paragraph (3) of subsection (B); and
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1 (b) Contains a computation of the period and total
2 amount of the delinquency as of the date of the notice;
3 and
4 (c) Directs the payor to withhold the dollar amount
5 required to be withheld periodically under the order for
6 support for payment of the delinquency.
7 (2) The income withholding notice and the obligor's copy
8 of the income withholding notice shall be served as provided
9 in paragraph (7) of subsection (B).
10 (3) The obligor may contest withholding commenced under
11 this subsection by filing a petition to contest withholding
12 with the Clerk of the Circuit Court within 20 days after
13 service of a copy of the income withholding notice on the
14 obligor. However, the grounds for the petition to contest
15 withholding shall be limited to:
16 (a) A dispute concerning the existence or amount of
17 the delinquency; or
18 (b) The identity of the obligor.
19 The Clerk of the Circuit Court shall notify the obligor
20 and the obligee or public office of the time and place of the
21 hearing on the petition to contest withholding. The court
22 shall hold the hearing pursuant to the provisions of
23 subsection (F).
24 (D) Initiated Withholding.
25 (1) Notwithstanding any other provision of this Section,
26 if the court has not required that income withholding take
27 effect immediately, the obligee or public office may initiate
28 withholding, regardless of whether a delinquency has accrued,
29 by preparing and serving an income withholding notice on the
30 payor that contains the information required under paragraph
31 (3) of subsection (B) and states that the parties' written
32 agreement providing an alternative arrangement to immediate
33 withholding under paragraph (1) of subsection (B) no longer
34 ensures payment of support due and the reason or reasons why
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1 it does not.
2 (2) The income withholding notice and the obligor's copy
3 of the income withholding notice shall be served as provided
4 in paragraph (7) of subsection (B).
5 (3) The obligor may contest withholding commenced under
6 this subsection by filing a petition to contest withholding
7 with the Clerk of the Circuit Court within 20 days after
8 service of a copy of the income withholding notice on the
9 obligor. However, the grounds for the petition shall be
10 limited to a dispute concerning:
11 (a) whether the parties' written agreement providing
12 an alternative arrangement to immediate withholding under
13 paragraph (1) of subsection (B) continues to ensure
14 payment of support; or
15 (b) the identity of the obligor.
16 It shall not be grounds for filing a petition that the
17 obligor has made all payments due by the date of the
18 petition.
19 (4) If the obligor files a petition contesting
20 withholding within the 20-day period required under paragraph
21 (3), the Clerk of the Circuit Court shall notify the obligor
22 and the obligee or public office, as appropriate, of the time
23 and place of the hearing on the petition. The court shall
24 hold the hearing pursuant to the provisions of subsection
25 (F). regular or facsimile regular or facsimile
26 (E) Duties of Payor.
27 (1) It shall be the duty of any payor who has been
28 served with an income withholding notice to deduct and pay
29 over income as provided in this subsection. The payor shall
30 deduct the amount designated in the income withholding
31 notice, as supplemented by any notice provided pursuant to
32 paragraph (6) of subsection (G), beginning no later than the
33 next payment of income which is payable or creditable to the
34 obligor that occurs 14 days following the date the income
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1 withholding notice was mailed, sent by facsimile or other
2 electronic means, or placed for personal delivery to or
3 service on the payor. The payor may combine all amounts
4 withheld for the benefit of an obligee or public office into
5 a single payment and transmit the payment with a listing of
6 obligors from whom withholding has been effected. The payor
7 shall pay the amount withheld to the obligee or public office
8 within 7 business days after the date the amount would (but
9 for the duty to withhold income) have been paid or credited
10 to the obligor. If the payor knowingly fails to pay any
11 amount withheld to the obligee or public office within 7
12 business days after the date the amount would have been paid
13 or credited to the obligor, the payor shall pay a penalty of
14 $100 for each day that the withheld amount is not paid to the
15 obligee or public office after the period of 7 business days
16 has expired. The failure of a payor, on more than one
17 occasion, to pay amounts withheld to the obligee or public
18 office within 7 business days after the date the amount would
19 have been paid or credited to the obligor creates a
20 presumption that the payor knowingly failed to pay over the
21 amounts. This penalty may be collected in a civil action
22 which may be brought against the payor in favor of the
23 obligee or public office. A finding of a payor's
24 nonperformance within the time required under this Section
25 must be documented by a certified mail return receipt showing
26 the date the income order for withholding notice was served
27 on the payor. For purposes of this Section, a withheld amount
28 shall be considered paid by a payor on the date it is mailed
29 by the payor, or on the date an electronic funds transfer of
30 the amount has been initiated by the payor, or on the date
31 delivery of the amount has been initiated by the payor. For
32 each deduction, the payor shall provide the obligee or public
33 office, at the time of transmittal, with the date the amount
34 would (but for the duty to withhold income) have been paid or
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1 credited to the obligor.
2 Upon receipt of an income withholding notice requiring
3 that a minor child be named as a beneficiary of a health
4 insurance plan available through an employer or labor union
5 or trade union, the employer or labor union or trade union
6 shall immediately enroll the minor child as a beneficiary in
7 the health insurance plan designated by the income
8 withholding notice. The employer shall withhold any required
9 premiums and pay over any amounts so withheld and any
10 additional amounts the employer pays to the insurance carrier
11 in a timely manner. The employer or labor union or trade
12 union shall mail to the obligee, within 15 days of enrollment
13 or upon request, notice of the date of coverage, information
14 on the dependent coverage plan, and all forms necessary to
15 obtain reimbursement for covered health expenses, such as
16 would be made available to a new employee. When an order for
17 dependent coverage is in effect and the insurance coverage is
18 terminated or changed for any reason, the employer or labor
19 union or trade union shall notify the obligee within 10 days
20 of the termination or change date along with notice of
21 conversion privileges.
22 For withholding of income, the payor shall be entitled to
23 receive a fee not to exceed $5 per month to be taken from the
24 income to be paid to the obligor.
25 (2) Whenever the obligor is no longer receiving income
26 from the payor, the payor shall return a copy of the income
27 withholding notice to the obligee or public office and shall
28 provide information for the purpose of enforcing this
29 Section.
30 (3) Withholding of income under this Section shall be
31 made without regard to any prior or subsequent garnishments,
32 attachments, wage assignments, or any other claims of
33 creditors. Withholding of income under this Section shall
34 not be in excess of the maximum amounts permitted under the
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1 federal Consumer Credit Protection Act. If the payor has been
2 served with more than one income withholding notice
3 pertaining to the same obligor, the payor shall allocate
4 income available for withholding on a proportionate share
5 basis, giving priority to current support payments. If there
6 is any income available for withholding after withholding for
7 all current support obligations, the payor shall allocate the
8 income to past due support payments ordered in cases in which
9 cash assistance under the Illinois Public Aid Code is not
10 being provided to the obligee and then to past due support
11 payments ordered in cases in which cash assistance under the
12 Illinois Public Aid Code is being provided to the obligee,
13 both on a proportionate share basis. A payor who complies
14 with an income withholding notice that is regular on its face
15 shall not be subject to civil liability with respect to any
16 individual, any agency, or any creditor of the obligor for
17 conduct in compliance with the notice.
18 (4) No payor shall discharge, discipline, refuse to hire
19 or otherwise penalize any obligor because of the duty to
20 withhold income.
21 (F) Petitions to Contest Withholding or to Modify, Suspend,
22 Terminate, or Correct Income Withholding Notices.
23 (1) When an obligor files a petition to contest
24 withholding, the court, after due notice to all parties,
25 shall hear the matter as soon as practicable and shall enter
26 an order granting or denying relief, ordering service of an
27 amended income withholding notice, where applicable, or
28 otherwise resolving the matter.
29 The court shall deny the obligor's petition if the court
30 finds that when the income withholding notice was mailed,
31 sent by facsimile transmission or other electronic means, or
32 placed for personal delivery to or service on the payor:
33 (a) A delinquency existed; or
34 (b) The parties' written agreement providing an
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1 alternative arrangement to immediate withholding under
2 paragraph (1) of subsection (B) no longer ensured payment
3 of support.
4 (2) At any time, an obligor, obligee, public office or
5 Clerk of the Circuit Court may petition the court to:
6 (a) Modify, suspend or terminate the income
7 withholding notice because of a modification, suspension
8 or termination of the underlying order for support; or
9 (b) Modify the amount of income to be withheld to
10 reflect payment in full or in part of the delinquency or
11 arrearage by income withholding or otherwise; or
12 (c) Suspend the income withholding notice because
13 of inability to deliver income withheld to the obligee
14 due to the obligee's failure to provide a mailing address
15 or other means of delivery.
16 (3) At any time an obligor may petition the court to
17 correct a term contained in an income withholding notice to
18 conform to that stated in the underlying order for support
19 for:
20 (a) The amount of current support;
21 (b) The amount of the arrearage;
22 (c) The periodic amount for payment of the
23 arrearage; or
24 (d) The periodic amount for payment of the
25 delinquency.
26 (4) The obligor, obligee or public office shall serve on
27 the payor, in the manner provided for service of income
28 withholding notices in paragraph (7) of subsection (B), a
29 copy of any order entered pursuant to this subsection that
30 affects the duties of the payor.
31 (5) At any time, a public office or Clerk of the Circuit
32 Court may serve a notice on the payor to:
33 (a) Cease withholding of income for payment of
34 current support for a child when the support obligation
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1 for that child has automatically ceased under the order
2 for support through emancipation or otherwise; or
3 (b) Cease withholding of income for payment of
4 delinquency or arrearage when the delinquency or
5 arrearage has been paid in full.
6 (6) The notice provided for under paragraph (5) of this
7 subsection shall be served on the payor in the manner
8 provided for service of income withholding notices in
9 paragraph (7) of subsection (B), and a copy shall be provided
10 to the obligor and the obligee.
11 (7) The income withholding notice shall continue to be
12 binding upon the payor until service of an amended income
13 withholding notice or any order of the court or notice
14 entered or provided for under this subsection.
15 (G) Additional Duties.
16 (1) An obligee who is receiving income withholding
17 payments under this Section shall notify the payor, if the
18 obligee receives the payments directly from the payor, or the
19 public office or the Clerk of the Circuit Court, as
20 appropriate, of any change of address within 7 days of such
21 change.
22 (2) An obligee who is a recipient of public aid shall
23 send a copy of any notice served by the obligee to the
24 Division of Child Support Enforcement of the Illinois
25 Department of Public Aid.
26 (3) Each obligor shall notify the obligee, the public
27 office, and the Clerk of the Circuit Court of any change of
28 address within 7 days.
29 (4) An obligor whose income is being withheld or who has
30 been served with a notice of delinquency pursuant to this
31 Section shall notify the obligee, the public office, and the
32 Clerk of the Circuit Court of any new payor, within 7 days.
33 (5) When the Illinois Department of Public Aid is no
34 longer authorized to receive payments for the obligee, it
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1 shall, within 7 days, notify the payor or, where appropriate,
2 the Clerk of the Circuit Court, to redirect income
3 withholding payments to the obligee.
4 (6) The obligee or public office shall provide notice to
5 the payor and Clerk of the Circuit Court of any other support
6 payment made, including but not limited to, a set-off under
7 federal and State law or partial payment of the delinquency
8 or arrearage, or both.
9 (7) Any public office and Clerk of the Circuit Court
10 which collects, disburses or receives payments pursuant to
11 income withholding notices shall maintain complete, accurate,
12 and clear records of all payments and their disbursements.
13 Certified copies of payment records maintained by a public
14 office or Clerk of the Circuit Court shall, without further
15 proof, be admitted into evidence in any legal proceedings
16 under this Section.
17 (8) The Illinois Department of Public Aid shall design
18 suggested legal forms for proceeding under this Section and
19 shall make available to the courts such forms and
20 informational materials which describe the procedures and
21 remedies set forth herein for distribution to all parties in
22 support actions.
23 (9) At the time of transmitting each support payment,
24 the clerk of the circuit court shall provide the obligee or
25 public office, as appropriate, with any information furnished
26 by the payor as to the date the amount would (but for the
27 duty to withhold income) have been paid or credited to the
28 obligor.
29 (H) Penalties.
30 (1) Where a payor wilfully fails to withhold or pay over
31 income pursuant to a properly served income withholding
32 notice, or wilfully discharges, disciplines, refuses to hire
33 or otherwise penalizes an obligor as prohibited by subsection
34 (E), or otherwise fails to comply with any duties imposed by
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1 this Section, the obligee, public office or obligor, as
2 appropriate, may file a complaint with the court against the
3 payor. The clerk of the circuit court shall notify the
4 obligee or public office, as appropriate, and the obligor and
5 payor of the time and place of the hearing on the complaint.
6 The court shall resolve any factual dispute including, but
7 not limited to, a denial that the payor is paying or has paid
8 income to the obligor. Upon a finding in favor of the
9 complaining party, the court:
10 (a) Shall enter judgment and direct the enforcement
11 thereof for the total amount that the payor wilfully
12 failed to withhold or pay over; and
13 (b) May order employment or reinstatement of or
14 restitution to the obligor, or both, where the obligor
15 has been discharged, disciplined, denied employment or
16 otherwise penalized by the payor and may impose a fine
17 upon the payor not to exceed $200.
18 (2) Any obligee, public office or obligor who wilfully
19 initiates a false proceeding under this Section or who
20 wilfully fails to comply with the requirements of this
21 Section shall be punished as in cases of contempt of court.
22 (I) Alternative Procedures for Service of an Income
23 Withholding Notice.
24 (1) The procedures of this subsection may be used in any
25 matter to serve an income withholding notice on a payor if:
26 (a) For any reason the most recent order for
27 support entered does not contain the income withholding
28 provisions required under subsection (B), irrespective of
29 whether a separate order for withholding was entered
30 prior to July 1, 1997; and
31 (b) The obligor has accrued a delinquency after
32 entry of the most recent order for support.
33 (2) The obligee or public office shall prepare and serve
34 the income withholding notice in accordance with the
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1 provisions of subsection (C), except that the notice shall
2 contain a periodic amount for payment of the delinquency
3 equal to 20% of the total of the current support amount and
4 the amount to be paid periodically for payment of any
5 arrearage stated in the most recent order for support.
6 (3) If the obligor requests in writing that income
7 withholding become effective prior to the obligor accruing a
8 delinquency under the most recent order for support, the
9 obligee or public office may prepare and serve an income
10 withholding notice on the payor as provided in subsection
11 (B). In addition to filing proofs of service of the income
12 withholding notice on the payor and the obligor, the obligee
13 or public office shall file a copy of the obligor's written
14 request for income withholding with the Clerk of the Circuit
15 Court.
16 (4) All other provisions of this Section shall be
17 applicable with respect to the provisions of this subsection
18 (I).
19 (J) Remedies in Addition to Other Laws.
20 (1) The rights, remedies, duties and penalties created
21 by this Section are in addition to and not in substitution
22 for any other rights, remedies, duties and penalties created
23 by any other law.
24 (2) Nothing in this Section shall be construed as
25 invalidating any assignment of wages or benefits executed
26 prior to January 1, 1984 or any order for withholding served
27 prior to July 1, 1997.
28 (Source: P.A. 89-507, eff. 7-1-97; 90-18, eff. 7-1-97;
29 90-425, eff. 8-15-97; revised 9-29-97.)
30 Section 15. The Non-Support of Spouse and Children Act
31 is amended by changing Sections 2.1 and 4.1 and adding
32 Sections 2.2 and 12.2 as follows:
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1 (750 ILCS 15/2.1) (from Ch. 40, par. 1105)
2 Sec. 2.1. Support payments; receiving and disbursing
3 agents.
4 (1) In actions instituted under this Act on and after
5 August 14, 1961, involving a minor child or children, the
6 Court, except in actions instituted on or after August 26,
7 1969, in which the support payments are in behalf of a
8 recipient of aid under the Illinois Public Aid Code, shall
9 direct that moneys ordered to be paid for support under
10 Sections 3 and 4 of this Act shall be paid to the clerk of
11 the court in counties of less than 3 million population, and
12 in counties of 3 million or more population, to the clerk or
13 probation officer of the court or to the Court Service
14 Division of the County Department of Public Aid. After the
15 effective date of this amendatory Act of 1975, the court
16 shall direct that such support moneys be paid to the clerk or
17 probation officer or the Illinois Department of Public Aid.
18 However, the court in its discretion may direct otherwise
19 where exceptional circumstances so warrant. If payment is to
20 be made to persons other than the clerk or probation officer,
21 the Court Service Division of the County Department of Public
22 Aid, or the Illinois Department of Public Aid, the judgment
23 or order of support shall set forth the facts of the
24 exceptional circumstances.
25 (2) In actions instituted after August 26, 1969, where
26 the support payments are in behalf of spouses, children, or
27 both, who are recipients of aid under the Illinois Public Aid
28 Code, the court shall order the payments to be made directly
29 to (1) the Illinois Department of Public Aid if the person is
30 a recipient under Articles III, IV or V of the Code, or (2)
31 to the local governmental unit responsible for the support of
32 the person if he or she is a recipient under Articles VI or
33 VII of the Code. In accordance with federal law and
34 regulations, the Illinois Department of Public Aid may
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1 continue to collect current maintenance payments or child
2 support payments, or both, after those persons cease to
3 receive public assistance and until termination of services
4 under Article X of the Illinois Public Aid Code. The
5 Illinois Department of Public Aid shall pay the net amount
6 collected to those persons after deducting any costs incurred
7 in making the collection or any collection fee from the
8 amount of any recovery made. The order shall permit the
9 Illinois Department of Public Aid or the local governmental
10 unit, as the case may be, to direct that support payments be
11 made directly to the spouse, children, or both, or to some
12 person or agency in their behalf, upon removal of the spouse
13 or children from the public aid rolls or upon termination of
14 services under Article X of the Illinois Public Aid Code; and
15 upon such direction, the Illinois Department or the local
16 governmental unit, as the case requires, shall give notice of
17 such action to the court in writing or by electronic
18 transmission.
19 (3) The clerks, probation officers, and the Court
20 Service Division of the County Department of Public Aid in
21 counties of 3 million or more population, and, after the
22 effective date of this amendatory Act of 1975, the clerks,
23 probation officers, and the Illinois Department of Public
24 Aid, shall disburse moneys paid to them to the person or
25 persons entitled thereto under the order of the Court. They
26 shall establish and maintain current records of all moneys
27 received and disbursed and of delinquencies and defaults in
28 required payments. The Court, by order or rule, shall make
29 provision for the carrying out of these duties.
30 In cases in which a party is receiving child and spouse
31 support services under Article X of the Illinois Public Aid
32 Code and the order for support provides that child support
33 payments be made to the obligee, the Illinois Department of
34 Public Aid may provide notice to the obligor and the
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1 obligor's payor, when income withholding is in effect under
2 Section 4.1 of this Act, to make all payments after receipt
3 of the Department's notice to the clerk of the court until
4 further notice by the Department or order of the court.
5 Copies of the notice shall be provided to the obligee and the
6 clerk. The clerk's copy shall contain a proof of service on
7 the obligor and the obligor's payor, where applicable. The
8 clerk shall file the clerk's copy of the notice in the court
9 file. The notice to the obligor and the payor, if applicable,
10 may be sent by ordinary mail, certified mail, return receipt
11 requested, facsimile transmission, or other electronic
12 process, or may be served upon the obligor or payor using any
13 method provided by law for service of a summons. An obligor
14 who fails to comply with a notice provided under this
15 paragraph is guilty of a Class B misdemeanor. A payor who
16 fails to comply with a notice provided under this paragraph
17 is guilty of a business offense and subject to a fine of up
18 to $1,000.
19 Upon notification in writing or by electronic
20 transmission from the Illinois Department of Public Aid to
21 the clerk of the court that a person who is receiving support
22 payments under this Section is receiving services under the
23 Child Support Enforcement Program established by Title IV-D
24 of the Social Security Act, any support payments subsequently
25 received by the clerk of the court shall be transmitted in
26 accordance with the instructions of the Illinois Department
27 of Public Aid until the Department gives notice to cease the
28 transmittal. After providing the notification authorized
29 under this paragraph, the Illinois Department of Public Aid
30 shall be entitled as a party to notice of any further
31 proceedings in the case. The clerk of the court shall file a
32 copy of the Illinois Department of Public Aid's notification
33 in the court file. The failure of the clerk to file a copy
34 of the notification in the court file shall not, however,
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1 affect the Illinois Department of Public Aid's right to
2 receive notice of further proceedings.
3 (4) Payments under this Section to the Illinois
4 Department of Public Aid pursuant to the Child Support
5 Enforcement Program established by Title IV-D of the Social
6 Security Act shall be paid into the Child Support Enforcement
7 Trust Fund. All other payments under this Section to the
8 Illinois Department of Public Aid shall be deposited in the
9 Public Assistance Recoveries Trust Fund. Disbursements from
10 these funds shall be as provided in the Illinois Public Aid
11 Code. Payments received by a local governmental unit shall be
12 deposited in that unit's General Assistance Fund.
13 (5) Orders and assignments entered or executed prior to
14 the Act approved August 14, 1961 shall not be affected
15 thereby. Employers served with wage assignments executed
16 prior to that date shall comply with the terms thereof.
17 However, the Court, on petition of the state's attorney, or
18 of the Illinois Department of Public Aid or local
19 governmental unit in respect to recipients of public aid, may
20 order the execution of new assignments and enter new orders
21 designating the clerk, probation officer, or the Illinois
22 Department of Public Aid or appropriate local governmental
23 unit in respect to payments in behalf of recipients of public
24 aid, as the person or agency authorized to receive and
25 disburse the salary or wages assigned. On like petition the
26 Court may enter new orders designating such officers,
27 agencies or governmental units to receive and disburse the
28 payments ordered under Section 4.
29 (6) For those cases in which child support is payable to
30 the clerk of the circuit court for transmittal to the
31 Illinois Department of Public Aid by order of court or upon
32 notification by the Illinois Department of Public Aid, the
33 clerk shall transmit all such payments, within 4 working days
34 of receipt, to insure that funds are available for immediate
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1 distribution by the Department to the person or entity
2 entitled thereto in accordance with standards of the Child
3 Support Enforcement Program established under Title IV-D of
4 the Social Security Act. The clerk shall notify the
5 Department of the date of receipt and amount thereof at the
6 time of transmittal. Where the clerk has entered into an
7 agreement of cooperation with the Department to record the
8 terms of child support orders and payments made thereunder
9 directly into the Department's automated data processing
10 system, the clerk shall account for, transmit and otherwise
11 distribute child support payments in accordance with such
12 agreement in lieu of the requirements contained herein.
13 (Source: P.A. 90-18, eff. 7-1-97.)
14 (750 ILCS 15/2.2 new)
15 Sec. 2.2. Payment of support to State Disbursement Unit.
16 (a) As used in this Section:
17 "Order for support", "obligor", "obligee", and "payor"
18 mean those terms as defined in Section 4.1 of this Act.
19 (b) Notwithstanding any other provision of this Act to
20 the contrary, each order for support entered or modified on
21 or after October 1, 1998 shall require that support payments
22 be made to the State Disbursement Unit established under
23 Section 10-26 of the Illinois Public Aid Code, under the
24 following circumstances:
25 (1) when a party to the order is receiving child
26 and spouse support services under Article X of the
27 Illinois Public Aid Code; or
28 (2) when no party to the order is receiving child
29 and spouse support services, but the support payments are
30 made through income withholding.
31 (c) The Illinois Department of Public Aid shall provide
32 notice to the obligor and, where applicable, to the obligor's
33 payor to make support payments to the State Disbursement Unit
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1 under the following circumstances:
2 (1) when the order for support was entered before
3 October 1, 1998, and a party to the order is receiving
4 child and spouse support services under Article X of the
5 Illinois Public Aid Code; or
6 (2) when the order for support was entered on or
7 after January 1, 1994 but before October 1, 1998, no
8 party to the order is receiving child and spouse support
9 services, and the support payments are being made through
10 income withholding.
11 (d) The notice provided for under subsection (c) may be
12 sent by ordinary mail, certified mail, return receipt
13 requested, facsimile transmission, or other electronic
14 process, or may be served upon the obligor or payor using any
15 method provided by law for service of a summons. The
16 Illinois Department of Public Aid shall provide a copy of the
17 notice to the obligee and, when the order for support was
18 entered by the court, to the clerk of the court.
19 (e) An obligor who fails to comply with a notice
20 provided under subsection (c) is guilty of a Class B
21 misdemeanor.
22 (f) A payor who fails to comply with a notice provided
23 under subsection (c) is guilty of a business offense and
24 subject to a fine of up to $1,000.
25 (750 ILCS 15/4.1) (from Ch. 40, par. 1107.1)
26 Sec. 4.1. 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:
33 (a) Modification or resumption of, or payment of
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1 arrearage accrued under, a previously existing order;
2 (b) Reimbursement of support; or
3 (c) Enrollment in a health insurance plan that is
4 available to the obligor through an employer or labor
5 union or trade union.
6 (2) "Arrearage" means the total amount of unpaid support
7 obligations as determined by the court and incorporated into
8 an order for support.
9 (2.5) "Business day" means a day on which State offices
10 are open for regular business.
11 (3) "Delinquency" means any payment under an order for
12 support which becomes due and remains unpaid after entry of
13 the order for support.
14 (4) "Income" means any form of periodic payment to an
15 individual, regardless of source, including, but not limited
16 to: wages, salary, commission, compensation as an independent
17 contractor, workers' compensation, disability, annuity,
18 pension, and retirement benefits, lottery prize awards,
19 insurance proceeds, vacation pay, bonuses, profit-sharing
20 payments, interest, and any other payments, made by any
21 person, private entity, federal or state government, any unit
22 of local government, school district or any entity created by
23 Public Act; however, "income" excludes:
24 (a) Any amounts required by law to be withheld,
25 other than creditor claims, including, but not limited
26 to, federal, State and local taxes, Social Security and
27 other retirement and disability contributions;
28 (b) Union dues;
29 (c) Any amounts exempted by the federal Consumer
30 Credit Protection Act;
31 (d) Public assistance payments; and
32 (e) Unemployment insurance benefits except as
33 provided by law.
34 Any other State or local laws which limit or exempt
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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 Order for Support Containing Income Withholding
23 Provisions; Income Withholding Notice.
24 (1) In addition to any content required under other
25 laws, every order for support entered on or after July 1,
26 1997, shall:
27 (a) Require an income withholding notice to be
28 prepared and served immediately upon any payor of the
29 obligor by the obligee or public office, unless a written
30 agreement is reached between and signed by both parties
31 providing for an alternative arrangement, approved and
32 entered into the record by the court, which ensures
33 payment of support. In that case, the order for support
34 shall provide that an income withholding notice is to be
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1 prepared and served only if the obligor becomes
2 delinquent in paying the order for support; and
3 (b) Contain a dollar amount to be paid until
4 payment in full of any delinquency that accrues after
5 entry of the order for support. The amount for payment
6 of delinquency shall not be less than 20% of the total of
7 the current support amount and the amount to be paid
8 periodically for payment of any arrearage stated in the
9 order for support; and
10 (c) Include the obligor's Social Security Number,
11 which the obligor shall disclose to the court. If the
12 obligor is not a United States citizen, the obligor shall
13 disclose to the court, and the court shall include in the
14 order for support, the obligor's alien registration
15 number, passport number, and home country's social
16 security or national health number, if applicable.
17 (2) At the time the order for support is entered, the
18 Clerk of the Circuit Court shall provide a copy of the order
19 to the obligor and shall make copies available to the obligee
20 and public office.
21 (3) The income withholding notice shall:
22 (a) Be in the standard format prescribed by the
23 federal Department of Health and Human Services; and
24 (a-5) State the date of entry of the order for
25 support upon which the income withholding notice is
26 based; and
27 (b) Direct any payor to withhold the dollar amount
28 required for current support under the order for support;
29 and
30 (c) Direct any payor to withhold the dollar amount
31 required to be paid periodically under the order for
32 support for payment of the amount of any arrearage stated
33 in the order for support; and
34 (d) Direct any payor or labor union or trade union
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1 to enroll a child as a beneficiary of a health insurance
2 plan and withhold or cause to be withheld, if applicable,
3 any required premiums; and
4 (e) State the amount of the payor income
5 withholding fee specified under this Section; and
6 (f) State that the amount actually withheld from
7 the obligor's income for support and other purposes,
8 including the payor withholding fee specified under this
9 Section, may not be in excess of the maximum amount
10 permitted under the federal Consumer Credit Protection
11 Act; and
12 (g) State the duties of the payor and the fines and
13 penalties for failure to withhold and pay over income and
14 for discharging, disciplining, refusing to hire, or
15 otherwise penalizing the obligor because of the duty to
16 withhold and pay over income under this Section; and
17 (h) State the rights, remedies, and duties of the
18 obligor under this Section; and
19 (i) Include the obligor's Social Security Number;
20 and
21 (j) Include the date that withholding for current
22 support terminates, which shall be the date of
23 termination of the current support obligation set forth
24 in the order for support; and.
25 (k) Contain the signature of the obligee or
26 authorized representative of the public office, except
27 that the failure to contain the signature shall not
28 affect the validity of the income withholding notice.
29 (4) The accrual of a delinquency as a condition for
30 service of an income withholding notice, under the exception
31 to immediate withholding in paragraph (1) of this subsection,
32 shall apply only to the initial service of an income
33 withholding notice on a payor of the obligor.
34 (5) Notwithstanding the exception to immediate
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1 withholding contained in paragraph (1) of this subsection, if
2 the court finds at the time of any hearing that an arrearage
3 has accrued, the court shall order immediate service of an
4 income withholding notice upon the payor.
5 (6) If the order for support, under the exception to
6 immediate withholding contained in paragraph (1) of this
7 subsection, provides that an income withholding notice is to
8 be prepared and served only if the obligor becomes delinquent
9 in paying the order for support, the obligor may execute a
10 written waiver of that condition and request immediate
11 service on the payor.
12 (7) The obligee or public office may serve the income
13 withholding notice on the payor or its superintendent,
14 manager, or other agent by ordinary mail or certified mail
15 return receipt requested, by facsimile transmission or other
16 electronic means, by personal delivery, or by any method
17 provided by law for service of a summons. At the time of
18 service on the payor and as notice that withholding has
19 commenced, the obligee or public office shall serve a copy of
20 the income withholding notice on the obligor by ordinary mail
21 addressed to his or her last known address. A copy of the
22 income withholding notice together with proofs of service on
23 the payor and the obligor shall be filed with the Clerk of
24 the Circuit Court.
25 (8) At any time after the initial service of an income
26 withholding notice under this Section, any other payor of the
27 obligor may be served with the same income withholding notice
28 without further notice to the obligor. A copy of the income
29 withholding notice together with a proof of service on the
30 other payor shall be filed with the Clerk of the Circuit
31 Court.
32 (9) (4) New service of an income order for withholding
33 notice is not required in order to resume withholding of
34 income in the case of an obligor with respect to whom an
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1 income order for withholding notice was previously served on
2 the payor if withholding of income was terminated because of
3 an interruption in the obligor's employment of less than 180
4 days.
5 (C) Income Withholding After Accrual of Delinquency.
6 (1) Whenever an obligor accrues a delinquency, the
7 obligee or public office may prepare and serve upon the
8 obligor's payor an income withholding notice that:
9 (a) Contains the information required under
10 paragraph (3) of subsection (B); and
11 (b) Contains a computation of the period and total
12 amount of the delinquency as of the date of the notice;
13 and
14 (c) Directs the payor to withhold the dollar amount
15 required to be withheld periodically under the order for
16 support for payment of the delinquency.
17 (2) The income withholding notice and the obligor's copy
18 of the income withholding notice shall be served as provided
19 in paragraph (7) of subsection (B).
20 (3) The obligor may contest withholding commenced under
21 this subsection by filing a petition to contest withholding
22 with the Clerk of the Circuit Court within 20 days after
23 service of a copy of the income withholding notice on the
24 obligor. However, the grounds for the petition to contest
25 withholding shall be limited to:
26 (a) A dispute concerning the existence or amount of
27 the delinquency; or
28 (b) The identity of the obligor.
29 The Clerk of the Circuit Court shall notify the obligor
30 and the obligee or public office of the time and place of the
31 hearing on the petition to contest withholding. The court
32 shall hold the hearing pursuant to the provisions of
33 subsection (F).
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1 (D) Initiated Withholding.
2 (1) Notwithstanding any other provision of this Section,
3 if the court has not required that income withholding take
4 effect immediately, the obligee or public office may initiate
5 withholding, regardless of whether a delinquency has accrued,
6 by preparing and serving an income withholding notice on the
7 payor that contains the information required under paragraph
8 (3) of subsection (B) and states that the parties' written
9 agreement providing an alternative arrangement to immediate
10 withholding under paragraph (1) of subsection (B) no longer
11 ensures payment of support and the reason or reasons why it
12 does not.
13 (2) The income withholding notice and the obligor's copy
14 of the income withholding notice shall be served as provided
15 in paragraph (7) of subsection (B).
16 (3) The obligor may contest withholding commenced under
17 this subsection by filing a petition to contest withholding
18 with the Clerk of the Circuit Court within 20 days after
19 service of a copy of the income withholding notice on the
20 obligor. However, the grounds for the petition shall be
21 limited to a dispute concerning:
22 (a) whether the parties' written agreement
23 providing an alternative arrangement to immediate
24 withholding under paragraph (1) of subsection (B)
25 continues to ensure payment of support; or
26 (b) the identity of the obligor.
27 It shall not be grounds for filing a petition that the
28 obligor has made all payments due by the date of the
29 petition.
30 (4) If the obligor files a petition contesting
31 withholding within the 20-day period required under paragraph
32 (3), the Clerk of the Circuit Court shall notify the obligor
33 and the obligee or public office, as appropriate, of the time
34 and place of the hearing on the petition. The court shall
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1 hold the hearing pursuant to the provisions of subsection
2 (F). regular or facsimile regular or facsimile
3 (E) Duties of Payor.
4 (1) It shall be the duty of any payor who has been
5 served with an income withholding notice to deduct and pay
6 over income as provided in this subsection. The payor shall
7 deduct the amount designated in the income withholding
8 notice, as supplemented by any notice provided pursuant to
9 paragraph (6) of subsection (G), beginning no later than the
10 next payment of income which is payable or creditable to the
11 obligor that occurs 14 days following the date the income
12 withholding notice was mailed, sent by facsimile or other
13 electronic means, or placed for personal delivery to or
14 service on the payor. The payor may combine all amounts
15 withheld for the benefit of an obligee or public office into
16 a single payment and transmit the payment with a listing of
17 obligors from whom withholding has been effected. The payor
18 shall pay the amount withheld to the obligee or public office
19 within 7 business days after the date the amount would (but
20 for the duty to withhold income) have been paid or credited
21 to the obligor. If the payor knowingly fails to pay any
22 amount withheld to the obligee or public office within 7
23 business days after the date the amount would have been paid
24 or credited to the obligor, the payor shall pay a penalty of
25 $100 for each day that the withheld amount is not paid to the
26 obligee or public office after the period of 7 business days
27 has expired. The failure of a payor, on more than one
28 occasion, to pay amounts withheld to the obligee or public
29 office within 7 business days after the date the amount would
30 have been paid or credited to the obligor creates a
31 presumption that the payor knowingly failed to pay over the
32 amounts. This penalty may be collected in a civil action
33 which may be brought against the payor in favor of the
34 obligee or public office. A finding of a payor's
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1 nonperformance within the time required under this Section
2 must be documented by a certified mail return receipt showing
3 the date the income order for withholding notice was served
4 on the payor. For purposes of this Section, a withheld amount
5 shall be considered paid by a payor on the date it is mailed
6 by the payor, or on the date an electronic funds transfer of
7 the amount has been initiated by the payor, or on the date
8 delivery of the amount has been initiated by the payor. For
9 each deduction, the payor shall provide the obligee or public
10 office, at the time of transmittal, with the date the amount
11 would (but for the duty to withhold income) have been paid or
12 credited to the obligor.
13 Upon receipt of an income withholding notice requiring
14 that a minor child be named as a beneficiary of a health
15 insurance plan available through an employer or labor union
16 or trade union, the employer or labor union or trade union
17 shall immediately enroll the minor child as a beneficiary in
18 the health insurance plan designated by the income
19 withholding notice. The employer shall withhold any required
20 premiums and pay over any amounts so withheld and any
21 additional amounts the employer pays to the insurance carrier
22 in a timely manner. The employer or labor union or trade
23 union shall mail to the obligee, within 15 days of enrollment
24 or upon request, notice of the date of coverage, information
25 on the dependent coverage plan, and all forms necessary to
26 obtain reimbursement for covered health expenses, such as
27 would be made available to a new employee. When an order for
28 dependent coverage is in effect and the insurance coverage is
29 terminated or changed for any reason, the employer or labor
30 union or trade union shall notify the obligee within 10 days
31 of the termination or change date along with notice of
32 conversion privileges.
33 For withholding of income, the payor shall be entitled to
34 receive a fee not to exceed $5 per month or the actual check
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1 processing cost to be taken from the income to be paid to the
2 obligor.
3 (2) Whenever the obligor is no longer receiving income
4 from the payor, the payor shall return a copy of the income
5 withholding notice 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 income withholding notice
15 pertaining to the same obligor, the payor shall allocate
16 income available for withholding on a proportionate share
17 basis, giving priority to current support payments. If there
18 is any income available for withholding after withholding for
19 all current support obligations, the payor shall allocate the
20 income to past due support payments ordered in cases in which
21 cash assistance under the Illinois Public Aid Code is not
22 being provided to the obligee and then to past due support
23 payments ordered in cases in which cash assistance under the
24 Illinois Public Aid Code is being provided to the obligee,
25 both on a proportionate share basis. A payor who complies
26 with an income withholding notice that is regular on its face
27 shall not be subject to civil liability with respect to any
28 individual, any agency, or any creditor of the obligor for
29 conduct in compliance with the notice.
30 (4) No payor shall discharge, discipline, refuse to hire
31 or otherwise penalize any obligor because of the duty to
32 withhold income.
33 (F) Petitions to Contest Withholding or to Modify, Suspend,
34 Terminate, or Correct Income Withholding Notices.
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1 (1) When an obligor files a petition to contest
2 withholding, the court, after due notice to all parties,
3 shall hear the matter as soon as practicable and shall enter
4 an order granting or denying relief, ordering service of an
5 amended income withholding notice, where applicable, or
6 otherwise resolving the matter.
7 The court shall deny the obligor's petition if the court
8 finds that when the income withholding notice was mailed,
9 sent by facsimile transmission or other electronic means, or
10 placed for personal delivery to or service on the payor:
11 (a) A delinquency existed; or
12 (b) The parties' written agreement providing an
13 alternative arrangement to immediate withholding under
14 paragraph (1) of subsection (B) no longer ensured payment
15 of support.
16 (2) At any time, an obligor, obligee, public office or
17 Clerk of the Circuit Court may petition the court to:
18 (a) Modify, suspend or terminate the income
19 withholding notice because of a modification, suspension
20 or termination of the underlying order for support; or
21 (b) Modify the amount of income to be withheld to
22 reflect payment in full or in part of the delinquency or
23 arrearage by income withholding or otherwise; or
24 (c) Suspend the income withholding notice because
25 of inability to deliver income withheld to the obligee
26 due to the obligee's failure to provide a mailing address
27 or other means of delivery.
28 (3) At any time an obligor may petition the court to
29 correct a term contained in an income withholding notice to
30 conform to that stated in the underlying order for support
31 for:
32 (a) The amount of current support;
33 (b) The amount of the arrearage;
34 (c) The periodic amount for payment of the
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1 arrearage; or
2 (d) The periodic amount for payment of the
3 delinquency.
4 (4) The obligor, obligee or public office shall serve on
5 the payor, in the manner provided for service of income
6 withholding notices in paragraph (7) of subsection (B), a
7 copy of any order entered pursuant to this subsection that
8 affects the duties of the payor.
9 (5) At any time, a public office or Clerk of the Circuit
10 Court may serve a notice on the payor to:
11 (a) Cease withholding of income for payment of
12 current support for a child when the support obligation
13 for that child has automatically ceased under the order
14 for support through emancipation or otherwise; or
15 (b) Cease withholding of income for payment of
16 delinquency or arrearage when the delinquency or
17 arrearage has been paid in full.
18 (6) The notice provided for under paragraph (5) of this
19 subsection shall be served on the payor in the manner
20 provided for service of income withholding notices in
21 paragraph (7) of subsection (B), and a copy shall be provided
22 to the obligor and the obligee.
23 (7) The income withholding notice shall continue to be
24 binding upon the payor until service of an amended income
25 withholding notice or any order of the court or notice
26 entered or provided for under this subsection.
27 (G) Additional Duties.
28 (1) An obligee who is receiving income withholding
29 payments under this Section shall notify the payor, if the
30 obligee receives the payments directly from the payor, or the
31 public office or the Clerk of the Circuit Court, as
32 appropriate, of any change of address within 7 days of such
33 change.
34 (2) An obligee who is a recipient of public aid shall
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1 send a copy of any income withholding notice served by the
2 obligee to the Division of Child Support Enforcement of the
3 Illinois Department of Public Aid.
4 (3) Each obligor shall notify the obligee, the public
5 office, and the Clerk of the Circuit Court of any change of
6 address within 7 days.
7 (4) An obligor whose income is being withheld or who has
8 been served with a notice of delinquency pursuant to this
9 Section shall notify the obligee, the public office, and the
10 Clerk of the Circuit Court of any new payor, within 7 days.
11 (5) When the Illinois Department of Public Aid is no
12 longer authorized to receive payments for the obligee, it
13 shall, within 7 days, notify the payor or, where appropriate,
14 the Clerk of the Circuit Court, to redirect income
15 withholding payments to the obligee.
16 (6) The obligee or public office shall provide notice to
17 the payor and Clerk of the Circuit Court of any other support
18 payment made, including but not limited to, a set-off under
19 federal and State law or partial payment of the delinquency
20 or arrearage, or both.
21 (7) Any public office and Clerk of the Circuit Court
22 which collects, disburses or receives payments pursuant to
23 income withholding notices shall maintain complete, accurate,
24 and clear records of all payments and their disbursements.
25 Certified copies of payment records maintained by a public
26 office or Clerk of the Circuit Court shall, without further
27 proof, be admitted into evidence in any legal proceedings
28 under this Section.
29 (8) The Illinois Department of Public Aid shall design
30 suggested legal forms for proceeding under this Section and
31 shall make available to the courts such forms and
32 informational materials which describe the procedures and
33 remedies set forth herein for distribution to all parties in
34 support actions.
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1 (9) At the time of transmitting each support payment,
2 the clerk of the circuit court shall provide the obligee or
3 public office, as appropriate, with any information furnished
4 by the payor as to the date the amount would (but for the
5 duty to withhold income) have been paid or credited to the
6 obligor.
7 (H) Penalties.
8 (1) Where a payor wilfully fails to withhold or pay over
9 income pursuant to a properly served income withholding
10 notice, or wilfully discharges, disciplines, refuses to hire
11 or otherwise penalizes an obligor as prohibited by subsection
12 (E), or otherwise fails to comply with any duties imposed by
13 this Section, the obligee, public office or obligor, as
14 appropriate, may file a complaint with the court against the
15 payor. The clerk of the circuit court shall notify the
16 obligee or public office, as appropriate, and the obligor and
17 payor of the time and place of the hearing on the complaint.
18 The court shall resolve any factual dispute including, but
19 not limited to, a denial that the payor is paying or has paid
20 income to the obligor. Upon a finding in favor of the
21 complaining party, the court:
22 (a) Shall enter judgment and direct the enforcement
23 thereof for the total amount that the payor wilfully
24 failed to withhold or pay over; and
25 (b) May order employment or reinstatement of or
26 restitution to the obligor, or both, where the obligor
27 has been discharged, disciplined, denied employment or
28 otherwise penalized by the payor and may impose a fine
29 upon the payor not to exceed $200.
30 (2) Any obligee, public office or obligor who wilfully
31 initiates a false proceeding under this Section or who
32 wilfully fails to comply with the requirements of this
33 Section shall be punished as in cases of contempt of court.
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1 (I) Alternative Procedures for Service of an Income
2 Withholding Notice.
3 (1) The procedures of this subsection may be used in any
4 matter to serve an income withholding notice on a payor if:
5 (a) For any reason the most recent order for
6 support entered does not contain the income withholding
7 provisions required under subsection (B), irrespective of
8 whether a separate order for withholding was entered
9 prior to July 1, 1997; and
10 (b) The obligor has accrued a delinquency after
11 entry of the most recent order for support.
12 (2) The obligee or public office shall prepare and serve
13 the income withholding notice in accordance with the
14 provisions of subsection (C), except that the notice shall
15 contain a periodic amount for payment of the delinquency
16 equal to 20% of the total of the current support amount and
17 the amount to be paid periodically for payment of any
18 arrearage stated in the most recent order for support.
19 (3) If the obligor requests in writing that income
20 withholding become effective prior to the obligor accruing a
21 delinquency under the most recent order for support, the
22 obligee or public office may prepare and serve an income
23 withholding notice on the payor as provided in subsection
24 (B). In addition to filing proofs of service of the income
25 withholding notice on the payor and the obligor, the obligee
26 or public office shall file a copy of the obligor's written
27 request for income withholding with the Clerk of the Circuit
28 Court.
29 (4) All other provisions of this Section shall be
30 applicable with respect to the provisions of this subsection
31 (I).
32 (J) Remedies in Addition to Other Laws.
33 (1) The rights, remedies, duties and penalties created
34 by this Section are in addition to and not in substitution
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1 for any other rights, remedies, duties and penalties created
2 by any other law.
3 (2) Nothing in this Section shall be construed as
4 invalidating any assignment of wages or benefits executed
5 prior to January 1, 1984 or any order for withholding served
6 prior to July 1, 1997.
7 (Source: P.A. 89-507, eff. 7-1-97; 90-18, eff. 7-1-97;
8 90-425, eff. 8-15-97; revised 9-29-97.)
9 (750 ILCS 15/12.2 new)
10 Sec. 12.2. Information to State Case Registry.
11 (a) When an order for support is entered or modified on
12 or after October 1, 1998, the clerk of the circuit court
13 shall, within 5 business days, provide to the State Case
14 Registry established under Section 10-27 of the Illinois
15 Public Aid Code the court docket number and county in which
16 the order is entered or modified and the following
17 information, which the parties shall disclose to the court:
18 (1) The names of the custodial and non-custodial
19 parents and of the child or children covered by the
20 order.
21 (2) The dates of birth of the custodial and
22 non-custodial parents and of the child or children
23 covered by the order.
24 (3) The social security numbers of the custodial
25 and non-custodial parents and, if available, of the child
26 or children covered by the order.
27 (4) The residential and mailing addresses for the
28 custodial and non-custodial parents.
29 (5) The telephone numbers for the custodial and
30 non-custodial parents.
31 (6) The driver's license numbers for the custodial
32 and non-custodial parents.
33 (7) The name, address, and telephone number of each
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1 parent's employer or employers.
2 (b) When a child support order is entered or modified
3 for a case in which a party is receiving child and spouse
4 support services under Article X of the Illinois Public Aid
5 Code, the clerk shall provide the State Case Registry with
6 the following information:
7 (1) The information specified in subsection (a) of
8 this Section.
9 (2) The amount of monthly or other periodic support
10 owed under the order and other amounts, including
11 arrearages, interest, or late payment penalties and fees,
12 due or overdue under the order.
13 (3) Any amounts described in subdivision (2) of
14 this subsection (b) that have been received by the clerk.
15 (4) The distribution of the amounts received by the
16 clerk.
17 (c) To the extent that updated information is in the
18 clerk's possession, the clerk shall provide updates of the
19 information specified in subsection (b) of this Section
20 within 5 business days after the Illinois Department of
21 Public Aid's request for that updated information.
22 Section 20. The Illinois Parentage Act of 1984 is
23 amended by adding Sections 14.1 and 21.1 and changing
24 Sections 20 and 21 as follows:
25 (750 ILCS 45/14.1 new)
26 Sec. 14.1. Information to State Case Registry.
27 (a) When an order for support is entered or modified on
28 or after October 1, 1998, the clerk of the circuit court
29 shall, within 5 business days, provide to the State Case
30 Registry established under Section 10-27 of the Illinois
31 Public Aid Code the court docket number and county in which
32 the order is entered or modified and the following
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1 information, which the parties shall disclose to the court:
2 (1) The names of the custodial and non-custodial
3 parents and of the child or children covered by the
4 order.
5 (2) The dates of birth of the custodial and
6 non-custodial parents and of the child or children
7 covered by the order.
8 (3) The social security numbers of the custodial
9 and non-custodial parents and, if available, of the child
10 or children covered by the order.
11 (4) The residential and mailing addresses for the
12 custodial and non-custodial parents.
13 (5) The telephone numbers for the custodial and
14 non-custodial parents.
15 (6) The driver's license numbers for the custodial
16 and non-custodial parents.
17 (7) The name, address, and telephone number of each
18 parent's employer or employers.
19 (b) When a child support order is entered or modified
20 for a case in which a party is receiving child and spouse
21 support services under Article X of the Illinois Public Aid
22 Code, the clerk shall provide the State Case Registry with
23 the following information:
24 (1) The information specified in subsection (a) of
25 this Section.
26 (2) The amount of monthly or other periodic support
27 owed under the order and other amounts, including
28 arrearages, interest, or late payment penalties and fees,
29 due or overdue under the order.
30 (3) Any amounts described in subdivision (2) of
31 this subsection (b) that have been received by the clerk.
32 (4) The distribution of the amounts received by the
33 clerk.
34 (c) To the extent that updated information is in the
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1 clerk's possession, the clerk shall provide updates of the
2 information specified in subsection (b) of this Section
3 within 5 business days after the Illinois Department of
4 Public Aid's request for that updated information.
5 (750 ILCS 45/20) (from Ch. 40, par. 2520)
6 Sec. 20. 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, whether temporary or final, and includes any such
12 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;
16 (c) payment or reimbursement of the expense of
17 pregnancy and delivery; or
18 (d) enrollment in a health insurance plan that is
19 available to the obligor through an employer or labor
20 union or trade union.
21 (2) "Arrearage" means the total amount of unpaid support
22 obligations as determined by the court and incorporated into
23 an order for support.
24 (2.5) "Business day" means a day on which State offices
25 are open for regular business.
26 (3) "Delinquency" means any payment under an order for
27 support which becomes due and remains unpaid after entry of
28 the order for support.
29 (4) "Income" means any form of periodic payment to an
30 individual, regardless of source, including, but not limited
31 to: wages, salary, commission, compensation as an independent
32 contractor, workers' compensation, disability, annuity,
33 pension, and retirement benefits, lottery prize awards,
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1 insurance proceeds, vacation pay, bonuses, profit-sharing
2 payments, interest, and any other payments, made by any
3 person, private entity, federal or state government, any unit
4 of local government, school district or any entity created by
5 Public Act; however, "income" excludes:
6 (a) any amounts required by law to be withheld,
7 other than creditor claims, including, but not limited
8 to, federal, State and local taxes, Social Security and
9 other retirement and disability contributions;
10 (b) union dues;
11 (c) any amounts exempted by the federal Consumer
12 Credit Protection Act;
13 (d) public assistance payments; and
14 (e) unemployment insurance benefits except as
15 provided by law.
16 Any other State or local laws which limit or exempt
17 income or the amount or percentage of income that can be
18 withheld shall not apply.
19 (5) "Obligor" means the individual who owes a duty to
20 make payments under an order for support.
21 (6) "Obligee" means the individual to whom a duty of
22 support is owed or the individual's legal representative.
23 (7) "Payor" means any payor of income to an obligor.
24 (8) "Public office" means any elected official or any
25 State or local agency which is or may become responsible by
26 law for enforcement of, or which is or may become authorized
27 to enforce, an order for support, including, but not limited
28 to: the Attorney General, the Illinois Department of Public
29 Aid, the Illinois Department of Human Services, the Illinois
30 Department of Children and Family Services, and the various
31 State's Attorneys, Clerks of the Circuit Court and
32 supervisors of general assistance.
33 (9) "Premium" means the dollar amount for which the
34 obligor is liable to his employer or labor union or trade
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1 union and which must be paid to enroll or maintain a child in
2 a health insurance plan that is available to the obligor
3 through an employer or labor union or trade union.
4 (B) Entry of Order for Support Containing Income Withholding
5 Provisions; Income Withholding Notice.
6 (1) In addition to any content required under other
7 laws, every order for support entered on or after July 1,
8 1997, shall:
9 (a) Require an income withholding notice to be
10 prepared and served immediately upon any payor of the
11 obligor by the obligee or public office, unless a written
12 agreement is reached between and signed by both parties
13 providing for an alternative arrangement, approved and
14 entered into the record by the court, which ensures
15 payment of support. In that case, the order for support
16 shall provide that an income withholding notice is to be
17 prepared and served only if the obligor becomes
18 delinquent in paying the order for support; and
19 (b) Contain a dollar amount to be paid until
20 payment in full of any delinquency that accrues after
21 entry of the order for support. The amount for payment
22 of delinquency shall not be less than 20% of the total of
23 the current support amount and the amount to be paid
24 periodically for payment of any arrearage stated in the
25 order for support; and
26 (c) Include the obligor's Social Security Number,
27 which the obligor shall disclose to the court. If the
28 obligor is not a United States citizen, the obligor shall
29 disclose to the court, and the court shall include in the
30 order for support, the obligor's alien registration
31 number, passport number, and home country's social
32 security or national health number, if applicable.
33 (2) At the time the order for support is entered, the
34 Clerk of the Circuit Court shall provide a copy of the order
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1 to the obligor and shall make copies available to the obligee
2 and public office.
3 (3) The income withholding notice shall:
4 (a) Be in the standard format prescribed by the
5 federal Department of Health and Human Services; and
6 (a-5) State the date of entry of the order for
7 support upon which the income withholding notice is
8 based; and
9 (b) Direct any payor to withhold the dollar amount
10 required for current support under the order for support;
11 and
12 (c) Direct any payor to withhold the dollar amount
13 required to be paid periodically under the order for
14 support for payment of the amount of any arrearage stated
15 in the order for support; and
16 (d) Direct any payor or labor union or trade union
17 to enroll a child as a beneficiary of a health insurance
18 plan and withhold or cause to be withheld, if applicable,
19 any required premiums; and
20 (e) State the amount of the payor income
21 withholding fee specified under this Section; and
22 (f) State that the amount actually withheld from
23 the obligor's income for support and other purposes,
24 including the payor withholding fee specified under this
25 Section, may not be in excess of the maximum amount
26 permitted under the federal Consumer Credit Protection
27 Act; and
28 (g) State the duties of the payor and the fines and
29 penalties for failure to withhold and pay over income and
30 for discharging, disciplining, refusing to hire, or
31 otherwise penalizing the obligor because of the duty to
32 withhold and pay over income under this Section; and
33 (h) State the rights, remedies, and duties of the
34 obligor under this Section; and
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1 (i) Include the obligor's Social Security Number;
2 and
3 (j) Include the date that withholding for current
4 support terminates, which shall be the date of
5 termination of the current support obligation set forth
6 in the order for support; and.
7 (k) Contain the signature of the obligee or
8 authorized representative of the public office, except
9 that the failure to contain the signature shall not
10 affect the validity of the income withholding notice.
11 (4) The accrual of a delinquency as a condition for
12 service of an income withholding notice, under the exception
13 to immediate withholding in paragraph (1) of this subsection,
14 shall apply only to the initial service of an income
15 withholding notice on a payor of the obligor.
16 (5) Notwithstanding the exception to immediate
17 withholding contained in paragraph (1) of this subsection, if
18 the court finds at the time of any hearing that an arrearage
19 has accrued, the court shall order immediate service of an
20 income withholding notice upon the payor.
21 (6) If the order for support, under the exception to
22 immediate withholding contained in paragraph (1) of this
23 subsection, provides that an income withholding notice is to
24 be prepared and served only if the obligor becomes delinquent
25 in paying the order for support, the obligor may execute a
26 written waiver of that condition and request immediate
27 service on the payor.
28 (7) The obligee or public office may serve the income
29 withholding notice on the payor or its superintendent,
30 manager, or other agent by ordinary mail or certified mail
31 return receipt requested, by facsimile transmission or other
32 electronic means, by personal delivery, or by any method
33 provided by law for service of a summons. At the time of
34 service on the payor and as notice that withholding has
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1 commenced, the obligee or public office shall serve a copy of
2 the income withholding notice on the obligor by ordinary mail
3 addressed to his or her last known address. A copy of the
4 income withholding notice together with proofs of service on
5 the payor and the obligor shall be filed with the Clerk of
6 the Circuit Court.
7 (8) At any time after the initial service of an income
8 withholding notice under this Section, any other payor of the
9 obligor may be served with the same income withholding notice
10 without further notice to the obligor. A copy of the income
11 withholding notice together with a proof of service on the
12 other payor shall be filed with the Clerk of the Circuit
13 Court.
14 (9) (4) New service of an income order for withholding
15 notice is not required in order to resume withholding of
16 income in the case of an obligor with respect to whom an
17 income order for withholding notice was previously served on
18 the payor if withholding of income was terminated because of
19 an interruption in the obligor's employment of less than 180
20 days.
21 (C) Income Withholding After Accrual of Delinquency.
22 (1) Whenever an obligor accrues a delinquency, the
23 obligee or public office may prepare and serve upon the
24 obligor's payor an income withholding notice that:
25 (a) Contains the information required under
26 paragraph (3) of subsection (B); and
27 (b) Contains a computation of the period and total
28 amount of the delinquency as of the date of the notice;
29 and
30 (c) Directs the payor to withhold the dollar amount
31 required to be withheld periodically under the order for
32 support for payment of the delinquency.
33 (2) The income withholding notice and the obligor's copy
34 of the income withholding notice shall be served as provided
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1 in paragraph (7) of subsection (B).
2 (3) The obligor may contest withholding commenced under
3 this subsection by filing a petition to contest withholding
4 with the Clerk of the Circuit Court within 20 days after
5 service of a copy of the income withholding notice on the
6 obligor. However, the grounds for the petition to contest
7 withholding shall be limited to:
8 (a) A dispute concerning the existence or amount of
9 the delinquency; or
10 (b) The identity of the obligor.
11 The Clerk of the Circuit Court shall notify the obligor
12 and the obligee or public office of the time and place of the
13 hearing on the petition to contest withholding. The court
14 shall hold the hearing pursuant to the provisions of
15 subsection (F).
16 (D) Initiated Withholding.
17 (1) Notwithstanding any other provision of this Section,
18 if the court has not required that income withholding take
19 effect immediately, the obligee or public office may initiate
20 withholding, regardless of whether a delinquency has accrued,
21 by preparing and serving an income withholding notice on the
22 payor that contains the information required under paragraph
23 (3) of subsection (B) and states that the parties' written
24 agreement providing an alternative arrangement to immediate
25 withholding under paragraph (1) of subsection (B) no longer
26 ensures payment of support and the reason or reasons why it
27 does not.
28 (2) The income withholding notice and the obligor's copy
29 of the income withholding notice shall be served as provided
30 in paragraph (7) of subsection (B).
31 (3) The obligor may contest withholding commenced under
32 this subsection by filing a petition to contest withholding
33 with the Clerk of the Circuit Court within 20 days after
34 service of a copy of the income withholding notice on the
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1 obligor. However, the grounds for the petition shall be
2 limited to a dispute concerning:
3 (a) whether the parties' written agreement
4 providing an alternative arrangement to immediate
5 withholding under paragraph (1) of subsection (B)
6 continues to ensure payment of support; or
7 (b) the identity of the obligor.
8 It shall not be grounds for filing a petition that the
9 obligor has made all payments due by the date of the
10 petition.
11 (4) If the obligor files a petition contesting
12 withholding within the 20-day period required under paragraph
13 (3), the Clerk of the Circuit Court shall notify the obligor
14 and the obligee or public office, as appropriate, of the time
15 and place of the hearing on the petition. The court shall
16 hold the hearing pursuant to the provisions of subsection
17 (F). regular or facsimile regular or facsimile
18 (E) Duties of Payor.
19 (1) It shall be the duty of any payor who has been
20 served with an income withholding notice to deduct and pay
21 over income as provided in this subsection. The payor shall
22 deduct the amount designated in the income withholding
23 notice, as supplemented by any notice provided pursuant to
24 paragraph (6) of subsection (G), beginning no later than the
25 next payment of income which is payable or creditable to the
26 obligor that occurs 14 days following the date the income
27 withholding notice was mailed, sent by facsimile or other
28 electronic means, or placed for personal delivery to or
29 service on the payor. The payor may combine all amounts
30 withheld for the benefit of an obligee or public office into
31 a single payment and transmit the payment with a listing of
32 obligors from whom withholding has been effected. The payor
33 shall pay the amount withheld to the obligee or public office
34 within 7 business days after the date the amount would (but
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1 for the duty to withhold income) have been paid or credited
2 to the obligor. If the payor knowingly fails to pay any
3 amount withheld to the obligee or public office within 7
4 business days after the date the amount would have been paid
5 or credited to the obligor, the payor shall pay a penalty of
6 $100 for each day that the withheld amount is not paid to the
7 obligee or public office after the period of 7 business days
8 has expired. The failure of a payor, on more than one
9 occasion, to pay amounts withheld to the obligee or public
10 office within 7 business days after the date the amount would
11 have been paid or credited to the obligor creates a
12 presumption that the payor knowingly failed to pay over the
13 amounts. This penalty may be collected in a civil action
14 which may be brought against the payor in favor of the
15 obligee or public office. A finding of a payor's
16 nonperformance within the time required under this Section
17 must be documented by a certified mail return receipt showing
18 the date the income order for withholding notice was served
19 on the payor. For purposes of this Section, a withheld amount
20 shall be considered paid by a payor on the date it is mailed
21 by the payor, or on the date an electronic funds transfer of
22 the amount has been initiated by the payor, or on the date
23 delivery of the amount has been initiated by the payor. For
24 each deduction, the payor shall provide the obligee or public
25 office, at the time of transmittal, with the date the amount
26 would (but for the duty to withhold income) have been paid or
27 credited to the obligor.
28 Upon receipt of an income withholding notice requiring
29 that a minor child be named as a beneficiary of a health
30 insurance plan available through an employer or labor union
31 or trade union, the employer or labor union or trade union
32 shall immediately enroll the minor child as a beneficiary in
33 the health insurance plan designated by the income
34 withholding notice. The employer shall withhold any required
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1 premiums and pay over any amounts so withheld and any
2 additional amounts the employer pays to the insurance carrier
3 in a timely manner. The employer or labor union or trade
4 union shall mail to the obligee, within 15 days of enrollment
5 or upon request, notice of the date of coverage, information
6 on the dependent coverage plan, and all forms necessary to
7 obtain reimbursement for covered health expenses, such as
8 would be made available to a new employee. When an order for
9 dependent coverage is in effect and the insurance coverage is
10 terminated or changed for any reason, the employer or labor
11 union or trade union shall notify the obligee within 10 days
12 of the termination or change date along with notice of
13 conversion privileges.
14 For withholding of income, the payor shall be entitled to
15 receive a fee not to exceed $5 per month to be taken from the
16 income to be paid to the obligor.
17 (2) Whenever the obligor is no longer receiving income
18 from the payor, the payor shall return a copy of the income
19 withholding notice to the obligee or public office and shall
20 provide information for the purpose of enforcing this
21 Section.
22 (3) Withholding of income under this Section shall be
23 made without regard to any prior or subsequent garnishments,
24 attachments, wage assignments, or any other claims of
25 creditors. Withholding of income under this Section shall
26 not be in excess of the maximum amounts permitted under the
27 federal Consumer Credit Protection Act. If the payor has been
28 served with more than one income withholding notice
29 pertaining to the same obligor, the payor shall allocate
30 income available for withholding on a proportionate share
31 basis, giving priority to current support payments. If there
32 is any income available for withholding after withholding for
33 all current support obligations, the payor shall allocate the
34 income to past due support payments ordered in cases in which
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1 cash assistance under the Illinois Public Aid Code is not
2 being provided to the obligee and then to past due support
3 payments ordered in cases in which cash assistance under the
4 Illinois Public Aid Code is being provided to the obligee,
5 both on a proportionate share basis. A payor who complies
6 with an income withholding notice that is regular on its face
7 shall not be subject to civil liability with respect to any
8 individual, any agency, or any creditor of the obligor for
9 conduct in compliance with the notice.
10 (4) No payor shall discharge, discipline, refuse to hire
11 or otherwise penalize any obligor because of the duty to
12 withhold income.
13 (F) Petitions to Contest Withholding or to Modify, Suspend,
14 Terminate, or Correct Income Withholding Notices.
15 (1) When an obligor files a petition to contest
16 withholding, the court, after due notice to all parties,
17 shall hear the matter as soon as practicable and shall enter
18 an order granting or denying relief, ordering service of an
19 amended income withholding notice, where applicable, or
20 otherwise resolving the matter.
21 The court shall deny the obligor's petition if the court
22 finds that when the income withholding notice was mailed,
23 sent by facsimile transmission or other electronic means, or
24 placed for personal delivery to or service on the payor:
25 (a) A delinquency existed; or
26 (b) The parties' written agreement providing an
27 alternative arrangement to immediate withholding under
28 paragraph (1) of subsection (B) no longer ensured payment
29 of support.
30 (2) At any time, an obligor, obligee, public office or
31 Clerk of the Circuit Court may petition the court to:
32 (a) modify, suspend or terminate the income
33 withholding notice because of a modification, suspension
34 or termination of the underlying order for support; or
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1 (b) modify the amount of income to be withheld to
2 reflect payment in full or in part of the delinquency or
3 arrearage by income withholding or otherwise; or
4 (c) suspend the income withholding notice because
5 of inability to deliver income withheld to the obligee
6 due to the obligee's failure to provide a mailing address
7 or other means of delivery.
8 (3) At any time an obligor may petition the court to
9 correct a term contained in an income withholding notice to
10 conform to that stated in the underlying order for support
11 for:
12 (a) The amount of current support;
13 (b) The amount of the arrearage;
14 (c) The periodic amount for payment of the
15 arrearage; or
16 (d) The periodic amount for payment of the
17 delinquency.
18 (4) The obligor, obligee or public office shall serve on
19 the payor, in the manner provided for service of income
20 withholding notices in paragraph (7) of subsection (B), a
21 copy of any order entered pursuant to this subsection that
22 affects the duties of the payor.
23 (5) At any time, a public office or Clerk of the Circuit
24 Court may serve a notice on the payor to:
25 (a) Cease withholding of income for payment of
26 current support for a child when the support obligation
27 for that child has automatically ceased under the order
28 for support through emancipation or otherwise; or
29 (b) Cease withholding of income for payment of
30 delinquency or arrearage when the delinquency or
31 arrearage has been paid in full.
32 (6) The notice provided for under paragraph (5) of this
33 subsection shall be served on the payor in the manner
34 provided for service of income withholding notices in
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1 paragraph (7) of subsection (B), and a copy shall be provided
2 to the obligor and the obligee.
3 (7) The income withholding notice shall continue to be
4 binding upon the payor until service of an amended income
5 withholding notice or any order of the court or notice
6 entered or provided for under this subsection.
7 (G) Additional Duties.
8 (1) An obligee who is receiving income withholding
9 payments under this Section shall notify the payor, if the
10 obligee receives the payments directly from the payor, or the
11 public office or the Clerk of the Circuit Court, as
12 appropriate, of any change of address within 7 days of such
13 change.
14 (2) An obligee who is a recipient of public aid shall
15 send a copy of any income withholding notice served by the
16 obligee to the Division of Child Support Enforcement of the
17 Illinois Department of Public Aid.
18 (3) Each obligor shall notify the obligee, the public
19 office, and the Clerk of the Circuit Court of any change of
20 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, the public office, and the
24 Clerk of the Circuit 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 income withholding notices shall maintain complete, accurate,
4 and 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 the amount would (but for the
19 duty to withhold income) have been paid or credited to the
20 obligor.
21 (H) Penalties.
22 (1) Where a payor wilfully fails to withhold or pay over
23 income pursuant to a properly served income withholding
24 notice, or wilfully discharges, disciplines, refuses to hire
25 or otherwise penalizes an obligor as prohibited by subsection
26 (E), 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 order 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 (I) Alternative Procedures for Service of an Income
15 Withholding Notice.
16 (1) The procedures of this subsection may be used in any
17 matter to serve an income withholding notice on a payor if:
18 (a) For any reason the most recent order for
19 support entered does not contain the income withholding
20 provisions required under subsection (B), irrespective of
21 whether a separate order for withholding was entered
22 prior to July 1, 1997; and
23 (b) The obligor has accrued a delinquency after
24 entry of the most recent order for support.
25 (2) The obligee or public office shall prepare and serve
26 the income withholding notice in accordance with the
27 provisions of subsection (C), except that the notice shall
28 contain a periodic amount for payment of the delinquency
29 equal to 20% of the total of the current support amount and
30 the amount to be paid periodically for payment of any
31 arrearage stated in the most recent order for support.
32 (3) If the obligor requests in writing that income
33 withholding become effective prior to the obligor accruing a
34 delinquency under the most recent order for support, the
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1 obligee or public office may prepare and serve an income
2 withholding notice on the payor as provided in subsection
3 (B). In addition to filing proofs of service of the income
4 withholding notice on the payor and the obligor, the obligee
5 or public office shall file a copy of the obligor's written
6 request for income withholding with the Clerk of the Circuit
7 Court.
8 (4) All other provisions of this Section shall be
9 applicable with respect to the provisions of this subsection
10 (I).
11 (J) Remedies in Addition to Other Laws.
12 (1) The rights, remedies, duties and penalties created
13 by this Section are in addition to and not in substitution
14 for any other rights, remedies, duties and penalties created
15 by any other law.
16 (2) Nothing in this Section shall be construed as
17 invalidating any assignment of wages or benefits executed
18 prior to July 1, 1985 or any order for withholding served
19 prior to July 1, 1997.
20 (Source: P.A. 89-507, eff. 7-1-97; 90-18, eff. 7-1-97;
21 90-425, eff. 8-15-97; revised 9-29-97.)
22 (750 ILCS 45/21) (from Ch. 40, par. 2521)
23 Sec. 21. Support payments; receiving and disbursing
24 agents.
25 (1) In an action filed in counties of less than 3
26 million population in which an order for child support is
27 entered, and in supplementary proceedings in such counties to
28 enforce or vary the terms of such order arising out of an
29 action filed in such counties, the court, except in actions
30 or supplementary proceedings in which the pregnancy and
31 delivery expenses of the mother or the child support payments
32 are for a recipient of aid under the Illinois Public Aid
33 Code, shall direct that child support payments be made to the
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1 clerk of the court unless in the discretion of the court
2 exceptional circumstances warrant otherwise. In cases where
3 payment is to be made to persons other than the clerk of the
4 court the judgment or order of support shall set forth the
5 facts of the exceptional circumstances.
6 (2) In an action filed in counties of 3 million or more
7 population in which an order for child support is entered,
8 and in supplementary proceedings in such counties to enforce
9 or vary the terms of such order arising out of an action
10 filed date in such counties, the court, except in actions or
11 supplementary proceedings in which the pregnancy and delivery
12 expenses of the mother or the child support payments are for
13 a recipient of aid under the Illinois Public Aid Code, shall
14 direct that child support payments be made either to the
15 clerk of the court or to the Court Service Division of the
16 County Department of Public Aid, or to the clerk of the court
17 or to the Illinois Department of Public Aid, unless in the
18 discretion of the court exceptional circumstances warrant
19 otherwise. In cases where payment is to be made to persons
20 other than the clerk of the court, the Court Service Division
21 of the County Department of Public Aid, or the Illinois
22 Department of Public Aid, the judgment or order of support
23 shall set forth the facts of the exceptional circumstances.
24 (3) Where the action or supplementary proceeding is in
25 behalf of a mother for pregnancy and delivery expenses or for
26 child support, or both, and the mother, child, or both, are
27 recipients of aid under the Illinois Public Aid Code, the
28 court shall order that the payments be made directly to (a)
29 the Illinois Department of Public Aid if the mother or child,
30 or both, are recipients under Articles IV or V of the Code,
31 or (b) the local governmental unit responsible for the
32 support of the mother or child, or both, if they are
33 recipients under Articles VI or VII of the Code. In
34 accordance with federal law and regulations, the Illinois
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1 Department of Public Aid may continue to collect current
2 maintenance payments or child support payments, or both,
3 after those persons cease to receive public assistance and
4 until termination of services under Article X of the Illinois
5 Public Aid Code. The Illinois Department of Public Aid shall
6 pay the net amount collected to those persons after deducting
7 any costs incurred in making the collection or any collection
8 fee from the amount of any recovery made. The Illinois
9 Department of Public Aid or the local governmental unit, as
10 the case may be, may direct that payments be made directly to
11 the mother of the child, or to some other person or agency in
12 the child's behalf, upon the removal of the mother and child
13 from the public aid rolls or upon termination of services
14 under Article X of the Illinois Public Aid Code; and upon
15 such direction, the Illinois Department or the local
16 governmental unit, as the case requires, shall give notice of
17 such action to the court in writing or by electronic
18 transmission.
19 (4) All clerks of the court and the Court Service
20 Division of a County Department of Public Aid and the
21 Illinois Department of Public Aid, receiving child support
22 payments under paragraphs (1) or (2) shall disburse the same
23 to the person or persons entitled thereto under the terms of
24 the order. They shall establish and maintain clear and
25 current records of all moneys received and disbursed and of
26 defaults and delinquencies in required payments. The court,
27 by order or rule, shall make provision for the carrying out
28 of these duties.
29 In cases in which a party is receiving child and spouse
30 support services under Article X of the Illinois Public Aid
31 Code and the order for support provides that child support
32 payments be made to the obligee, the Illinois Department of
33 Public Aid may provide notice to the obligor and the
34 obligor's payor, when income withholding is in effect under
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1 Section 20 of this Act, to make all payments after receipt of
2 the Department's notice to the clerk of the court until
3 further notice by the Department or order of the court.
4 Copies of the notice shall be provided to the obligee and the
5 clerk. The clerk's copy shall contain a proof of service on
6 the obligor and the obligor's payor, where applicable. The
7 clerk shall file the clerk's copy of the notice in the court
8 file. The notice to the obligor and the payor, if applicable,
9 may be sent by ordinary mail, certified mail, return receipt
10 requested, facsimile transmission, or other electronic
11 process, or may be served upon the obligor or payor using any
12 method provided by law for service of a summons. An obligor
13 who fails to comply with a notice provided under this
14 paragraph is guilty of a Class B misdemeanor. A payor who
15 fails to comply with a notice provided under this paragraph
16 is guilty of a business offense and subject to a fine of up
17 to $1,000.
18 Upon notification in writing or by electronic
19 transmission from the Illinois Department of Public Aid to
20 the clerk of the court that a person who is receiving support
21 payments under this Section is receiving services under the
22 Child Support Enforcement Program established by Title IV-D
23 of the Social Security Act, any support payments subsequently
24 received by the clerk of the court shall be transmitted in
25 accordance with the instructions of the Illinois Department
26 of Public Aid until the Department gives notice to cease the
27 transmittal. After providing the notification authorized
28 under this paragraph, the Illinois Department of Public Aid
29 shall be entitled as a party to notice of any further
30 proceedings in the case. The clerk of the court shall file a
31 copy of the Illinois Department of Public Aid's notification
32 in the court file. The failure of the clerk to file a copy
33 of the notification in the court file shall not, however,
34 affect the Illinois Department of Public Aid's right to
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1 receive notice of further proceedings.
2 Payments under this Section to the Illinois Department of
3 Public Aid pursuant to the Child Support Enforcement Program
4 established by Title IV-D of the Social Security Act shall be
5 paid into the Child Support Enforcement Trust Fund. All
6 other payments under this Section to the Illinois Department
7 of Public Aid shall be deposited in the Public Assistance
8 Recoveries Trust Fund. Disbursement from these funds shall
9 be as provided in the Illinois Public Aid Code. Payments
10 received by a local governmental unit shall be deposited in
11 that unit's General Assistance Fund.
12 (5) The moneys received by persons or agencies
13 designated by the court shall be disbursed by them in
14 accordance with the order. However, the court, on petition
15 of the state's attorney, may enter new orders designating the
16 clerk of the court or the Illinois Department of Public Aid,
17 as the person or agency authorized to receive and disburse
18 child support payments and, in the case of recipients of
19 public aid, the court, on petition of the Attorney General or
20 State's Attorney, shall direct subsequent payments to be paid
21 to the Illinois Department of Public Aid or to the
22 appropriate local governmental unit, as provided in paragraph
23 (3). Payments of child support by principals or sureties on
24 bonds, or proceeds of any sale for the enforcement of a
25 judgment shall be made to the clerk of the court, the
26 Illinois Department of Public Aid or the appropriate local
27 governmental unit, as the respective provisions of this
28 Section require.
29 (6) For those cases in which child support is payable to
30 the clerk of the circuit court for transmittal to the
31 Illinois Department of Public Aid by order of court or upon
32 notification by the Illinois Department of Public Aid, the
33 clerk shall transmit all such payments, within 4 working days
34 of receipt, to insure that funds are available for immediate
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1 distribution by the Department to the person or entity
2 entitled thereto in accordance with standards of the Child
3 Support Enforcement Program established under Title IV-D of
4 the Social Security Act. The clerk shall notify the
5 Department of the date of receipt and amount thereof at the
6 time of transmittal. Where the clerk has entered into an
7 agreement of cooperation with the Department to record the
8 terms of child support orders and payments made thereunder
9 directly into the Department's automated data processing
10 system, the clerk shall account for, transmit and otherwise
11 distribute child support payments in accordance with such
12 agreement in lieu of the requirements contained herein.
13 (Source: P.A. 90-18, eff. 7-1-97.)
14 (750 ILCS 45/21.1 new)
15 Sec. 21.1. Payment of Support to State Disbursement Unit.
16 (a) As used in this Section:
17 "Order for support", "obligor", "obligee", and "payor"
18 mean those terms as defined in Section 20 of this Act.
19 (b) Notwithstanding any other provision of this Act to
20 the contrary, each order for support entered or modified on
21 or after October 1, 1998 shall require that support payments
22 be made to the State Disbursement Unit established under
23 Section 10-26 of the Illinois Public Aid Code, under the
24 following circumstances:
25 (1) when a party to the order is receiving child
26 and spouse support services under Article X of the
27 Illinois Public Aid Code; or
28 (2) when no party to the order is receiving child
29 and spouse support services, but the support payments are
30 made through income withholding.
31 (c) The Illinois Department of Public Aid shall provide
32 notice to the obligor and, where applicable, to the obligor's
33 payor to make support payments to the State Disbursement Unit
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1 under the following circumstances:
2 (1) when the order for support was entered before
3 October 1, 1998, and a party to the order is receiving
4 child and spouse support services under Article X of the
5 Illinois Public Aid Code; or
6 (2) when the order for support was entered on or
7 after January 1, 1994 but before October 1, 1998, no
8 party to the order is receiving child and spouse support
9 services, and the support payments are being made through
10 income withholding.
11 (d) The notice provided for under subsection (c) may be
12 sent by ordinary mail, certified mail, return receipt
13 requested, facsimile transmission, or other electronic
14 process, or may be served upon the obligor or payor using any
15 method provided by law for service of a summons. The
16 Illinois Department of Public Aid shall provide a copy of the
17 notice to the obligee and, when the order for support was
18 entered by the court, to the clerk of the court.
19 (e) An obligor who fails to comply with a notice
20 provided under subsection (c) is guilty of a Class B
21 misdemeanor.
22 (f) A payor who fails to comply with a notice provided
23 under subsection (c) is guilty of a business offense and
24 subject to a fine up to $1,000.
25 Section 95. No acceleration or delay. Where this Act
26 makes changes in a statute that is represented in this Act by
27 text that is not yet or no longer in effect (for example, a
28 Section represented by multiple versions), the use of that
29 text does not accelerate or delay the taking effect of (i)
30 the changes made by this Act or (ii) provisions derived from
31 any other Public Act.
32 Section 99. Effective date. This Act takes effect upon
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1 becoming law.
-125- LRB9009117DJcdA
1 INDEX
2 Statutes amended in order of appearance
3 5 ILCS 405/Act rep.
4 305 ILCS 5/10-10 from Ch. 23, par. 10-10
5 305 ILCS 5/10-10.4 new
6 305 ILCS 5/10-10.5 new
7 305 ILCS 5/10-11 from Ch. 23, par. 10-11
8 305 ILCS 5/10-11.2 new
9 305 ILCS 5/10-12 from Ch. 23, par. 10-12
10 305 ILCS 5/10-12.1 new
11 305 ILCS 5/10-13 from Ch. 23, par. 10-13
12 305 ILCS 5/10-13.6 from Ch. 23, par. 10-13.6
13 305 ILCS 5/10-14 from Ch. 23, par. 10-14
14 305 ILCS 5/10-14.1 new
15 305 ILCS 5/10-16.2 from Ch. 23, par. 10-16.2
16 305 ILCS 5/10-17.7
17 305 ILCS 5/10-26 new
18 305 ILCS 5/10-27 new
19 305 ILCS 5/10-22 rep.
20 305 ILCS 5/12-4.31 rep.
21 410 ILCS 535/12 from Ch. 111 1/2, par. 73-12
22 750 ILCS 5/505.3 new
23 750 ILCS 5/507 from Ch. 40, par. 507
24 750 ILCS 5/507.1 new
25 750 ILCS 5/705 from Ch. 40, par. 705
26 750 ILCS 5/706.1 from Ch. 40, par. 706.1
27 750 ILCS 15/2.1 from Ch. 40, par. 1105
28 750 ILCS 15/2.2 new
29 750 ILCS 15/4.1 from Ch. 40, par. 1107.1
30 750 ILCS 15/12.2 new
31 750 ILCS 45/14.1 new
32 750 ILCS 45/20 from Ch. 40, par. 2520
33 750 ILCS 45/21 from Ch. 40, par. 2521
34 750 ILCS 45/21.1 new