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90_SB1700enr
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
SB1700 Enrolled 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6 repealed.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, 10-17.1, and 10-17.7 and by adding Sections
10 10-12.1, 10-14.1, and 10-27 as follows:
11 (305 ILCS 5/10-10) (from Ch. 23, par. 10-10)
12 (Text of Section before amendment by P.A. 90-539)
13 Sec. 10-10. Court enforcement; applicability also to
14 persons who are not applicants or recipients. Except where
15 the Illinois Department, by agreement, acts for the local
16 governmental unit, as provided in Section 10-3.1, local
17 governmental units shall refer to the State's Attorney or to
18 the proper legal representative of the governmental unit, for
19 judicial enforcement as herein provided, instances of
20 non-support or insufficient support when the dependents are
21 applicants or recipients under Article VI. The Child and
22 Spouse Support Unit established by Section 10-3.1 may
23 institute in behalf of the Illinois Department any actions
24 under this Section for judicial enforcement of the support
25 liability when the dependents are (a) applicants or
26 recipients under Articles III, IV, V or VII (b) applicants or
27 recipients in a local governmental unit when the Illinois
28 Department, by agreement, acts for the unit; or (c)
29 non-applicants or non-recipients who are receiving support
30 enforcement services under this Article X, as provided in
SB1700 Enrolled -2- LRB9009117DJcdA
1 Section 10-1. Where the Child and Spouse Support Unit has
2 exercised its option and discretion not to apply the
3 provisions of Sections 10-3 through 10-8, the failure by the
4 Unit to apply such provisions shall not be a bar to bringing
5 an action under this Section.
6 Action shall be brought in the circuit court to obtain
7 support, or for the recovery of aid granted during the period
8 such support was not provided, or both for the obtainment of
9 support and the recovery of the aid provided. Actions for
10 the recovery of aid may be taken separately or they may be
11 consolidated with actions to obtain support. Such actions
12 may be brought in the name of the person or persons requiring
13 support, or may be brought in the name of the Illinois
14 Department or the local governmental unit, as the case
15 requires, in behalf of such persons.
16 The court may enter such orders for the payment of moneys
17 for the support of the person as may be just and equitable
18 and may direct payment thereof for such period or periods of
19 time as the circumstances require, including support for a
20 period before the date the order for support is entered. The
21 order may be entered against any or all of the defendant
22 responsible relatives and may be based upon the proportionate
23 ability of each to contribute to the person's support.
24 The Court shall determine the amount of child support
25 (including child support for a period before the date the
26 order for child support is entered) by using the guidelines
27 and standards set forth in subsection (a) of Section 505 and
28 in Section 505.2 of the Illinois Marriage and Dissolution of
29 Marriage Act. For purposes of determining the amount of child
30 support to be paid for a period before the date the order for
31 child support is entered, there is a rebuttable presumption
32 that the responsible relative's net income for that period
33 was the same as his or her net income at the time the order
34 is entered.
SB1700 Enrolled -3- LRB9009117DJcdA
1 The Court shall determine the amount of maintenance using
2 the standards set forth in Section 504 of the Illinois
3 Marriage and Dissolution of Marriage Act.
4 Any new or existing support order entered by the court
5 under this Section shall be deemed to be a series of
6 judgments against the person obligated to pay support
7 thereunder, each such judgment to be in the amount of each
8 payment or installment of support and each such judgment to
9 be deemed entered as of the date the corresponding payment or
10 installment becomes due under the terms of the support order.
11 Each such judgment shall have the full force, effect and
12 attributes of any other judgment of this State, including the
13 ability to be enforced. Any such judgment is subject to
14 modification or termination only in accordance with Section
15 510 of the Illinois Marriage and Dissolution of Marriage Act.
16 A lien arises by operation of law against the real and
17 personal property of the noncustodial parent for each
18 installment of overdue support owed by the noncustodial
19 parent.
20 When an order is entered for the support of a minor, the
21 court may provide therein for reasonable visitation of the
22 minor by the person or persons who provided support pursuant
23 to the order. Whoever willfully refuses to comply with such
24 visitation order or willfully interferes with its enforcement
25 may be declared in contempt of court and punished therefor.
26 Except where the local governmental unit has entered into
27 an agreement with the Illinois Department for the Child and
28 Spouse Support Unit to act for it, as provided in Section
29 10-3.1, support orders entered by the court in cases
30 involving applicants or recipients under Article VI shall
31 provide that payments thereunder be made directly to the
32 local governmental unit. Orders for the support of all other
33 applicants or recipients shall provide that payments
34 thereunder be made directly to the Illinois Department. In
SB1700 Enrolled -4- LRB9009117DJcdA
1 accordance with federal law and regulations, the Illinois
2 Department may continue to collect current maintenance
3 payments or child support payments, or both, after those
4 persons cease to receive public assistance and until
5 termination of services under Article X. The Illinois
6 Department shall pay the net amount collected to those
7 persons after deducting any costs incurred in making the
8 collection or any collection fee from the amount of any
9 recovery made. In both cases the order shall permit the
10 local governmental unit or the Illinois Department, as the
11 case may be, to direct the responsible relative or relatives
12 to make support payments directly to the needy person, or to
13 some person or agency in his behalf, upon removal of the
14 person from the public aid rolls or upon termination of
15 services under Article X.
16 If the notice of support due issued pursuant to Section
17 10-7 directs that support payments be made directly to the
18 needy person, or to some person or agency in his behalf, and
19 the recipient is removed from the public aid rolls, court
20 action may be taken against the responsible relative
21 hereunder if he fails to furnish support in accordance with
22 the terms of such notice.
23 Actions may also be brought under this Section in behalf
24 of any person who is in need of support from responsible
25 relatives, as defined in Section 2-11 of Article II who is
26 not an applicant for or recipient of financial aid under this
27 Code. In such instances, the State's Attorney of the county
28 in which such person resides shall bring action against the
29 responsible relatives hereunder. If the Illinois Department,
30 as authorized by Section 10-1, extends the support services
31 provided by this Article to spouses and dependent children
32 who are not applicants or recipients under this Code, the
33 Child and Spouse Support Unit established by Section 10-3.1
34 shall bring action against the responsible relatives
SB1700 Enrolled -5- LRB9009117DJcdA
1 hereunder and any support orders entered by the court in such
2 cases shall provide that payments thereunder be made directly
3 to the Illinois Department.
4 Whenever it is determined in a proceeding to establish or
5 enforce a child support or maintenance obligation that the
6 person owing a duty of support is unemployed, the court may
7 order the person to seek employment and report periodically
8 to the court with a diary, listing or other memorandum of his
9 or her efforts in accordance with such order. Additionally,
10 the court may order the unemployed person to report to the
11 Department of Employment Security for job search services or
12 to make application with the local Jobs Training Partnership
13 Act provider for participation in job search, training or
14 work programs and where the duty of support is owed to a
15 child receiving support services under this Article X, the
16 court may order the unemployed person to report to the
17 Illinois Department for participation in job search, training
18 or work programs established under Section 9-6 and Article
19 IXA of this Code.
20 Whenever it is determined that a person owes past-due
21 support for a child receiving assistance under this Code, the
22 court shall order at the request of the Illinois Department:
23 (1) that the person pay the past-due support in
24 accordance with a plan approved by the court; or
25 (2) if the person owing past-due support is
26 unemployed, is subject to such a plan, and is not
27 incapacitated, that the person participate in such job
28 search, training, or work programs established under
29 Section 9-6 and Article IXA of this Code as the court
30 deems appropriate.
31 A determination under this Section shall not be
32 administratively reviewable by the procedures specified in
33 Sections 10-12, and 10-13 to 10-13.10. Any determination
34 under these Sections, if made the basis of court action under
SB1700 Enrolled -6- LRB9009117DJcdA
1 this Section, shall not affect the de novo judicial
2 determination required under this Section.
3 A one-time charge of 20% is imposable upon the amount of
4 past-due child support owed on July 1, 1988 which has accrued
5 under a support order entered by the court. The charge shall
6 be imposed in accordance with the provisions of Section 10-21
7 of this Code and shall be enforced by the court upon
8 petition.
9 All orders for support, when entered or modified, shall
10 include a provision requiring the non-custodial parent to
11 notify the court and, in cases in which a party is receiving
12 child and spouse support services under this Article X, the
13 Illinois Department, within 7 days, (i) of the name, address,
14 and telephone number of any new employer of the non-custodial
15 parent, (ii) whether the non-custodial parent has access to
16 health insurance coverage through the employer or other group
17 coverage and, if so, the policy name and number and the names
18 of persons covered under the policy, and (iii) of any new
19 residential or mailing address or telephone number of the
20 non-custodial parent. In any subsequent action to enforce a
21 support order, upon a sufficient showing that a diligent
22 effort has been made to ascertain the location of the
23 non-custodial parent, service of process or provision of
24 notice necessary in the case may be made at the last known
25 address of the non-custodial parent in any manner expressly
26 provided by the Code of Civil Procedure or this Code, which
27 service shall be sufficient for purposes of due process.
28 In cases in which a party is receiving child and spouse
29 support services under this Article X and the order for
30 support provides that child support payments be made to the
31 obligee, the Illinois Department of Public Aid may provide
32 notice to the obligor and the obligor's payor, when income
33 withholding is in effect under Section 10-16.2, to make all
34 payments after receipt of the Illinois Department's notice to
SB1700 Enrolled -7- LRB9009117DJcdA
1 the clerk of the court until further notice by the Illinois
2 Department or order of the court. Copies of the notice shall
3 be provided to the obligee and the clerk. The clerk's copy
4 shall contain a proof of service on the obligor and the
5 obligor's payor, where applicable. The clerk shall file the
6 clerk's copy of the notice in the court file. The notice to
7 the obligor and the payor, if applicable, may be sent by
8 ordinary mail, certified mail, return receipt requested,
9 facsimile transmission, or other electronic process, or may
10 be served upon the obligor or payor using any method provided
11 by law for service of a summons. An obligor who fails to
12 comply with a notice provided under this paragraph is guilty
13 of a Class B misdemeanor. A payor who fails to comply with a
14 notice provided under this paragraph is guilty of a business
15 offense and subject to a fine of up to $1,000.
16 An order for support shall include a date on which the
17 current support obligation terminates. The termination date
18 shall be no earlier than the date on which the child covered
19 by the order will attain the age of majority or is otherwise
20 emancipated. The order for support shall state that the
21 termination date does not apply to any arrearage that may
22 remain unpaid on that date. Nothing in this paragraph shall
23 be construed to prevent the court from modifying the order.
24 Upon notification in writing or by electronic
25 transmission from the Illinois Department to the clerk of the
26 court that a person who is receiving support payments under
27 this Section is receiving services under the Child Support
28 Enforcement Program established by Title IV-D of the Social
29 Security Act, any support payments subsequently received by
30 the clerk of the court shall be transmitted in accordance
31 with the instructions of the Illinois Department until the
32 Illinois Department gives notice to the clerk of the court to
33 cease the transmittal. After providing the notification
34 authorized under this paragraph, the Illinois Department
SB1700 Enrolled -8- LRB9009117DJcdA
1 shall be entitled as a party to notice of any further
2 proceedings in the case. The clerk of the court shall file a
3 copy of the Illinois Department's notification in the court
4 file. The clerk's failure to file a copy of the
5 notification in the court file shall not, however, affect the
6 Illinois Department's right to receive notice of further
7 proceedings.
8 Payments under this Section to the Illinois Department
9 pursuant to the Child Support Enforcement Program established
10 by Title IV-D of the Social Security Act shall be paid into
11 the Child Support Enforcement Trust Fund. All other payments
12 under this Section to the Illinois Department shall be
13 deposited in the Public Assistance Recoveries Trust Fund.
14 Disbursements from these funds shall be as provided in
15 Sections 12-9 and 12-10.2 of this Code. Payments received by
16 a local governmental unit shall be deposited in that unit's
17 General Assistance Fund.
18 (Source: P.A. 90-18, eff. 7-1-97.)
19 (Text of Section after amendment by P.A. 90-539)
20 Sec. 10-10. Court enforcement; applicability also to
21 persons who are not applicants or recipients. Except where
22 the Illinois Department, by agreement, acts for the local
23 governmental unit, as provided in Section 10-3.1, local
24 governmental units shall refer to the State's Attorney or to
25 the proper legal representative of the governmental unit, for
26 judicial enforcement as herein provided, instances of
27 non-support or insufficient support when the dependents are
28 applicants or recipients under Article VI. The Child and
29 Spouse Support Unit established by Section 10-3.1 may
30 institute in behalf of the Illinois Department any actions
31 under this Section for judicial enforcement of the support
32 liability when the dependents are (a) applicants or
33 recipients under Articles III, IV, V or VII (b) applicants or
34 recipients in a local governmental unit when the Illinois
SB1700 Enrolled -9- LRB9009117DJcdA
1 Department, by agreement, acts for the unit; or (c)
2 non-applicants or non-recipients who are receiving support
3 enforcement services under this Article X, as provided in
4 Section 10-1. Where the Child and Spouse Support Unit has
5 exercised its option and discretion not to apply the
6 provisions of Sections 10-3 through 10-8, the failure by the
7 Unit to apply such provisions shall not be a bar to bringing
8 an action under this Section.
9 Action shall be brought in the circuit court to obtain
10 support, or for the recovery of aid granted during the period
11 such support was not provided, or both for the obtainment of
12 support and the recovery of the aid provided. Actions for
13 the recovery of aid may be taken separately or they may be
14 consolidated with actions to obtain support. Such actions
15 may be brought in the name of the person or persons requiring
16 support, or may be brought in the name of the Illinois
17 Department or the local governmental unit, as the case
18 requires, in behalf of such persons.
19 The court may enter such orders for the payment of moneys
20 for the support of the person as may be just and equitable
21 and may direct payment thereof for such period or periods of
22 time as the circumstances require, including support for a
23 period before the date the order for support is entered. The
24 order may be entered against any or all of the defendant
25 responsible relatives and may be based upon the proportionate
26 ability of each to contribute to the person's support.
27 The Court shall determine the amount of child support
28 (including child support for a period before the date the
29 order for child support is entered) by using the guidelines
30 and standards set forth in subsection (a) of Section 505 and
31 in Section 505.2 of the Illinois Marriage and Dissolution of
32 Marriage Act. For purposes of determining the amount of child
33 support to be paid for a period before the date the order for
34 child support is entered, there is a rebuttable presumption
SB1700 Enrolled -10- LRB9009117DJcdA
1 that the responsible relative's net income for that period
2 was the same as his or her net income at the time the order
3 is entered.
4 An order entered under this Section shall include a
5 provision requiring the obligor to report to the obligee and
6 to the clerk of court within 10 days each time the obligor
7 obtains new employment, and each time the obligor's
8 employment is terminated for any reason. The report shall be
9 in writing and shall, in the case of new employment, include
10 the name and address of the new employer. Failure to report
11 new employment or the termination of current employment, if
12 coupled with nonpayment of support for a period in excess of
13 60 days, is indirect criminal contempt. For any obligor
14 arrested for failure to report new employment bond shall be
15 set in the amount of the child support that should have been
16 paid during the period of unreported employment. An order
17 entered under this Section shall also include a provision
18 requiring the obligor and obligee parents to advise each
19 other of a change in residence within 5 days of the change
20 except when the court finds that the physical, mental, or
21 emotional health of a party or that of a minor child, or
22 both, would be seriously endangered by disclosure of the
23 party's address.
24 The Court shall determine the amount of maintenance using
25 the standards set forth in Section 504 of the Illinois
26 Marriage and Dissolution of Marriage Act.
27 Any new or existing support order entered by the court
28 under this Section shall be deemed to be a series of
29 judgments against the person obligated to pay support
30 thereunder, each such judgment to be in the amount of each
31 payment or installment of support and each such judgment to
32 be deemed entered as of the date the corresponding payment or
33 installment becomes due under the terms of the support order.
34 Each such judgment shall have the full force, effect and
SB1700 Enrolled -11- LRB9009117DJcdA
1 attributes of any other judgment of this State, including the
2 ability to be enforced. Any such judgment is subject to
3 modification or termination only in accordance with Section
4 510 of the Illinois Marriage and Dissolution of Marriage Act.
5 A lien arises by operation of law against the real and
6 personal property of the noncustodial parent for each
7 installment of overdue support owed by the noncustodial
8 parent.
9 When an order is entered for the support of a minor, the
10 court may provide therein for reasonable visitation of the
11 minor by the person or persons who provided support pursuant
12 to the order. Whoever willfully refuses to comply with such
13 visitation order or willfully interferes with its enforcement
14 may be declared in contempt of court and punished therefor.
15 Except where the local governmental unit has entered into
16 an agreement with the Illinois Department for the Child and
17 Spouse Support Unit to act for it, as provided in Section
18 10-3.1, support orders entered by the court in cases
19 involving applicants or recipients under Article VI shall
20 provide that payments thereunder be made directly to the
21 local governmental unit. Orders for the support of all other
22 applicants or recipients shall provide that payments
23 thereunder be made directly to the Illinois Department. In
24 accordance with federal law and regulations, the Illinois
25 Department may continue to collect current maintenance
26 payments or child support payments, or both, after those
27 persons cease to receive public assistance and until
28 termination of services under Article X. The Illinois
29 Department shall pay the net amount collected to those
30 persons after deducting any costs incurred in making the
31 collection or any collection fee from the amount of any
32 recovery made. In both cases the order shall permit the
33 local governmental unit or the Illinois Department, as the
34 case may be, to direct the responsible relative or relatives
SB1700 Enrolled -12- LRB9009117DJcdA
1 to make support payments directly to the needy person, or to
2 some person or agency in his behalf, upon removal of the
3 person from the public aid rolls or upon termination of
4 services under Article X.
5 If the notice of support due issued pursuant to Section
6 10-7 directs that support payments be made directly to the
7 needy person, or to some person or agency in his behalf, and
8 the recipient is removed from the public aid rolls, court
9 action may be taken against the responsible relative
10 hereunder if he fails to furnish support in accordance with
11 the terms of such notice.
12 Actions may also be brought under this Section in behalf
13 of any person who is in need of support from responsible
14 relatives, as defined in Section 2-11 of Article II who is
15 not an applicant for or recipient of financial aid under this
16 Code. In such instances, the State's Attorney of the county
17 in which such person resides shall bring action against the
18 responsible relatives hereunder. If the Illinois Department,
19 as authorized by Section 10-1, extends the support services
20 provided by this Article to spouses and dependent children
21 who are not applicants or recipients under this Code, the
22 Child and Spouse Support Unit established by Section 10-3.1
23 shall bring action against the responsible relatives
24 hereunder and any support orders entered by the court in such
25 cases shall provide that payments thereunder be made directly
26 to the Illinois Department.
27 Whenever it is determined in a proceeding to establish or
28 enforce a child support or maintenance obligation that the
29 person owing a duty of support is unemployed, the court may
30 order the person to seek employment and report periodically
31 to the court with a diary, listing or other memorandum of his
32 or her efforts in accordance with such order. Additionally,
33 the court may order the unemployed person to report to the
34 Department of Employment Security for job search services or
SB1700 Enrolled -13- LRB9009117DJcdA
1 to make application with the local Jobs Training Partnership
2 Act provider for participation in job search, training or
3 work programs and where the duty of support is owed to a
4 child receiving support services under this Article X, the
5 court may order the unemployed person to report to the
6 Illinois Department for participation in job search, training
7 or work programs established under Section 9-6 and Article
8 IXA of this Code.
9 Whenever it is determined that a person owes past-due
10 support for a child receiving assistance under this Code, the
11 court shall order at the request of the Illinois Department:
12 (1) that the person pay the past-due support in
13 accordance with a plan approved by the court; or
14 (2) if the person owing past-due support is
15 unemployed, is subject to such a plan, and is not
16 incapacitated, that the person participate in such job
17 search, training, or work programs established under
18 Section 9-6 and Article IXA of this Code as the court
19 deems appropriate.
20 A determination under this Section shall not be
21 administratively reviewable by the procedures specified in
22 Sections 10-12, and 10-13 to 10-13.10. Any determination
23 under these Sections, if made the basis of court action under
24 this Section, shall not affect the de novo judicial
25 determination required under this Section.
26 A one-time charge of 20% is imposable upon the amount of
27 past-due child support owed on July 1, 1988 which has accrued
28 under a support order entered by the court. The charge shall
29 be imposed in accordance with the provisions of Section 10-21
30 of this Code and shall be enforced by the court upon
31 petition.
32 All orders for support, when entered or modified, shall
33 include a provision requiring the non-custodial parent to
34 notify the court and, in cases in which a party is receiving
SB1700 Enrolled -14- LRB9009117DJcdA
1 child and spouse support services under this Article X, the
2 Illinois Department, within 7 days, (i) of the name, address,
3 and telephone number of any new employer of the non-custodial
4 parent, (ii) whether the non-custodial parent has access to
5 health insurance coverage through the employer or other group
6 coverage and, if so, the policy name and number and the names
7 of persons covered under the policy, and (iii) of any new
8 residential or mailing address or telephone number of the
9 non-custodial parent. In any subsequent action to enforce a
10 support order, upon a sufficient showing that a diligent
11 effort has been made to ascertain the location of the
12 non-custodial parent, service of process or provision of
13 notice necessary in the case may be made at the last known
14 address of the non-custodial parent in any manner expressly
15 provided by the Code of Civil Procedure or this Code, which
16 service shall be sufficient for purposes of due process.
17 In cases in which a party is receiving child and spouse
18 support services under this Article X and the order for
19 support provides that child support payments be made to the
20 obligee, the Illinois Department of Public Aid may provide
21 notice to the obligor and the obligor's payor, when income
22 withholding is in effect under Section 10-16.2, to make all
23 payments after receipt of the Illinois Department's notice to
24 the clerk of the court until further notice by the Illinois
25 Department or order of the court. Copies of the notice shall
26 be provided to the obligee and the clerk. The clerk's copy
27 shall contain a proof of service on the obligor and the
28 obligor's payor, where applicable. The clerk shall file the
29 clerk's copy of the notice in the court file. The notice to
30 the obligor and the payor, if applicable, may be sent by
31 ordinary mail, certified mail, return receipt requested,
32 facsimile transmission, or other electronic process, or may
33 be served upon the obligor or payor using any method provided
34 by law for service of a summons. An obligor who fails to
SB1700 Enrolled -15- LRB9009117DJcdA
1 comply with a notice provided under this paragraph is guilty
2 of a Class B misdemeanor. A payor who fails to comply with a
3 notice provided under this paragraph is guilty of a business
4 offense and subject to a fine of up to $1,000.
5 An order for support shall include a date on which the
6 current support obligation terminates. The termination date
7 shall be no earlier than the date on which the child covered
8 by the order will attain the age of majority or is otherwise
9 emancipated. The order for support shall state that the
10 termination date does not apply to any arrearage that may
11 remain unpaid on that date. Nothing in this paragraph shall
12 be construed to prevent the court from modifying the order.
13 Upon notification in writing or by electronic
14 transmission from the Illinois Department to the clerk of the
15 court that a person who is receiving support payments under
16 this Section is receiving services under the Child Support
17 Enforcement Program established by Title IV-D of the Social
18 Security Act, any support payments subsequently received by
19 the clerk of the court shall be transmitted in accordance
20 with the instructions of the Illinois Department until the
21 Illinois Department gives notice to the clerk of the court to
22 cease the transmittal. After providing the notification
23 authorized under this paragraph, the Illinois Department
24 shall be entitled as a party to notice of any further
25 proceedings in the case. The clerk of the court shall file a
26 copy of the Illinois Department's notification in the court
27 file. The clerk's failure to file a copy of the
28 notification in the court file shall not, however, affect the
29 Illinois Department's right to receive notice of further
30 proceedings.
31 Payments under this Section to the Illinois Department
32 pursuant to the Child Support Enforcement Program established
33 by Title IV-D of the Social Security Act shall be paid into
34 the Child Support Enforcement Trust Fund. All other payments
SB1700 Enrolled -16- LRB9009117DJcdA
1 under this Section to the Illinois Department shall be
2 deposited in the Public Assistance Recoveries Trust Fund.
3 Disbursements from these funds shall be as provided in
4 Sections 12-9 and 12-10.2 of this Code. Payments received by
5 a local governmental unit shall be deposited in that unit's
6 General Assistance Fund.
7 (Source: P.A. 90-18, eff. 7-1-97; 90-539, eff. 6-1-98;
8 revised 12-23-97.)
9 (305 ILCS 5/10-11) (from Ch. 23, par. 10-11)
10 (Text of Section before amendment by P.A. 90-539)
11 Sec. 10-11. Administrative Orders. In lieu of actions
12 for court enforcement of support under Section 10-10, the
13 Child and Spouse Support Unit of the Illinois Department, in
14 accordance with the rules of the Illinois Department, may
15 issue an administrative order requiring the responsible
16 relative to comply with the terms of the determination and
17 notice of support due, determined and issued under Sections
18 10-6 and 10-7. The Unit may also enter an administrative
19 order under subsection (b) of Section 10-7. The
20 administrative order shall be served upon the responsible
21 relative by United States registered or certified mail. In
22 cases in which the responsible relative appeared at the
23 office of the Child and Spouse Support Unit in response to
24 the notice of support obligation issued under Section 10-4,
25 however, or in cases of default in which the notice was
26 served on the responsible relative by certified mail, return
27 receipt requested, or by a private person as authorized under
28 Section 10-4, or by any method provided by law for service of
29 summons, the administrative determination of paternity or
30 administrative support order may be sent to the responsible
31 relative by ordinary mail addressed to the responsible
32 relative's last known address.
33 If a responsible relative or a person receiving child and
SB1700 Enrolled -17- LRB9009117DJcdA
1 spouse support services under this Article fails to petition
2 the Illinois Department for release from or modification of
3 the administrative order, as provided in Section 10-12 or
4 Section 10-12.1, the order shall become final and there shall
5 be no further administrative or judicial remedy. Likewise a
6 decision by the Illinois Department as a result of an
7 administrative hearing, as provided in Sections 10-13 to
8 10-13.10, shall become final and enforceable if not
9 judicially reviewed under the Administrative Review Law, as
10 provided in Section 10-14.
11 Any new or existing support order entered by the Illinois
12 Department under this Section shall be deemed to be a series
13 of judgments against the person obligated to pay support
14 thereunder, each such judgment to be in the amount of each
15 payment or installment of support and each such judgment to
16 be deemed entered as of the date the corresponding payment or
17 installment becomes due under the terms of the support order.
18 Each such judgment shall have the full force, effect and
19 attributes of any other judgment of this State, including the
20 ability to be enforced. Any such judgment is subject to
21 modification or termination only in accordance with Section
22 510 of the Illinois Marriage and Dissolution of Marriage Act.
23 A lien arises by operation of law against the real and
24 personal property of the noncustodial parent for each
25 installment of overdue support owed by the noncustodial
26 parent.
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
29 accrued under a support order entered by the Illinois
30 Department under this Section. The charge shall be imposed
31 in accordance with the provisions of Section 10-21 and shall
32 be enforced by the court in a suit filed under Section 10-15.
33 (Source: P.A. 90-18, eff. 7-1-97)
34 (Text of Section after amendment by P.A. 90-539)
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1 Sec. 10-11. Administrative Orders. In lieu of actions
2 for court enforcement of support under Section 10-10, the
3 Child and Spouse Support Unit of the Illinois Department, in
4 accordance with the rules of the Illinois Department, may
5 issue an administrative order requiring the responsible
6 relative to comply with the terms of the determination and
7 notice of support due, determined and issued under Sections
8 10-6 and 10-7. The Unit may also enter an administrative
9 order under subsection (b) of Section 10-7. The
10 administrative order shall be served upon the responsible
11 relative by United States registered or certified mail. In
12 cases in which the responsible relative appeared at the
13 office of the Child and Spouse Support Unit in response to
14 the notice of support obligation issued under Section 10-4,
15 however, or in cases of default in which the notice was
16 served on the responsible relative by certified mail, return
17 receipt requested, or by a private person as authorized under
18 Section 10-4, or by any method provided by law for service of
19 summons, the administrative determination of paternity or
20 administrative support order may be sent to the responsible
21 relative by ordinary mail addressed to the responsible
22 relative's last known address.
23 If a responsible relative or a person receiving child and
24 spouse support services under this Article fails to petition
25 the Illinois Department for release from or modification of
26 the administrative order, as provided in Section 10-12 or
27 Section 10-12.1, the order shall become final and there shall
28 be no further administrative or judicial remedy. Likewise a
29 decision by the Illinois Department as a result of an
30 administrative hearing, as provided in Sections 10-13 to
31 10-13.10, shall become final and enforceable if not
32 judicially reviewed under the Administrative Review Law, as
33 provided in Section 10-14.
34 Any new or existing support order entered by the Illinois
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1 Department under this Section shall be deemed to be a series
2 of judgments against the person obligated to pay support
3 thereunder, each such judgment to be in the amount of each
4 payment or installment of support and each such judgment to
5 be deemed entered as of the date the corresponding payment or
6 installment becomes due under the terms of the support order.
7 Each such judgment shall have the full force, effect and
8 attributes of any other judgment of this State, including the
9 ability to be enforced. Any such judgment is subject to
10 modification or termination only in accordance with Section
11 510 of the Illinois Marriage and Dissolution of Marriage Act.
12 A lien arises by operation of law against the real and
13 personal property of the noncustodial parent for each
14 installment of overdue support owed by the noncustodial
15 parent.
16 An order entered under this Section shall include a
17 provision requiring the obligor to report to the obligee and
18 to the clerk of court within 10 days each time the obligor
19 obtains new employment, and each time the obligor's
20 employment is terminated for any reason. The report shall be
21 in writing and shall, in the case of new employment, include
22 the name and address of the new employer. Failure to report
23 new employment or the termination of current employment, if
24 coupled with nonpayment of support for a period in excess of
25 60 days, is indirect criminal contempt. For any obligor
26 arrested for failure to report new employment bond shall be
27 set in the amount of the child support that should have been
28 paid during the period of unreported employment. An order
29 entered under this Section shall also include a provision
30 requiring the obligor and obligee parents to advise each
31 other of a change in residence within 5 days of the change
32 except when the court finds that the physical, mental, or
33 emotional health of a party or that of a minor child, or
34 both, would be seriously endangered by disclosure of the
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1 party's address.
2 A one-time charge of 20% is imposable upon the amount of
3 past-due child support owed on July 1, 1988, which has
4 accrued under a support order entered by the Illinois
5 Department under this Section. The charge shall be imposed
6 in accordance with the provisions of Section 10-21 and shall
7 be enforced by the court in a suit filed under Section 10-15.
8 (Source: P.A. 90-18, eff. 7-1-97; 90-539, eff. 6-1-98;
9 revised 12-23-97.)
10 (305 ILCS 5/10-12) (from Ch. 23, par. 10-12)
11 Sec. 10-12. Petition by responsible relative for release
12 from or modification of administrative support order or
13 administrative determination of paternity.
14 (a) Any responsible relative aggrieved by an
15 administrative order entered under Section Sections 10-11 or
16 10-11.1 or an administrative determination of paternity
17 entered under Section 10-17.7 who has been duly notified of
18 such order or determination, may, within 30 days from the
19 date of mailing of such order or determination, petition the
20 Illinois Department for a release from or modification of the
21 order or determination. The day immediately subsequent to the
22 mailing of the order or determination shall be considered as
23 the first day, and the day such petition is received by the
24 Illinois Department shall be considered as the last day in
25 computing the 30 day appeal period.
26 The Illinois Department shall, upon receipt of a petition
27 within the 30 day appeal period, provide for a hearing to be
28 held thereon.
29 (b) Notwithstanding the 30-day appeal period set forth in
30 subsection (a), a man against whom a default administrative
31 determination of paternity has been entered may have the
32 determination vacated if, within 30 days after being served
33 with the determination, he appears in person at the office
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1 to which he was given notice to appear for an interview and
2 files a written request for relief from the determination.
3 The Illinois Department shall then proceed with the
4 establishment of paternity. A man may obtain relief under
5 this subsection from an administrative determination of
6 paternity only once in any proceeding to establish
7 paternity.
8 (Source: P.A. 85-1155.)
9 (305 ILCS 5/10-12.1 new)
10 Sec. 10-12.1. Petition by person receiving child and
11 spouse support services for release from or modification of
12 administrative support order or administrative determination
13 of paternity. Any person receiving child and spouse support
14 services under this Article who is aggrieved by an
15 administrative order entered under Section 10-11 or 10-11.1
16 or an administrative determination of paternity entered
17 under Section 10-17.7 who has been duly notified of the
18 order or determination may, within 30 days after the date of
19 mailing of the order or determination, petition the Illinois
20 Department for release from or modification of the order or
21 determination. The day immediately subsequent to the mailing
22 of the order or determination shall be considered as the
23 first day and the day the petition is received by the
24 Illinois Department shall be considered as the last day in
25 computing the 30-day appeal period. Upon receiving a petition
26 within the 30-day appeal period, the Illinois Department
27 shall provide for a hearing to be held on the petition.
28 (305 ILCS 5/10-13) (from Ch. 23, par. 10-13)
29 Sec. 10-13. Hearing on Petition.
30 The Illinois Department, or any officer or employee
31 thereof designated in writing by the Illinois Department,
32 shall conduct hearings and investigations in connection with
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1 petitions filed pursuant to with Section 10-12 or Section
2 10-12.1. Responsible relatives and persons receiving child
3 and spouse support services under this Article shall be
4 entitled to appear in person, to be represented by counsel at
5 the hearing and to present all relevant matter in support of
6 their petitions. The provisions of Sections 10-13.1 through
7 to 10-13.10 shall govern the hearing.
8 The hearing shall be de novo and the Illinois
9 Department's determination of liability or non-liability
10 shall be independent of the determination of the
11 administrative enforcement unit.
12 (Source: Laws 1967, p. 122.)
13 (305 ILCS 5/10-13.6) (from Ch. 23, par. 10-13.6)
14 Sec. 10-13.6. Subpoenas.
15 (a) The Illinois Department, or any officer or employee
16 thereof designated in writing by the Illinois Department,
17 shall at its or his own instance, or on the written request
18 of any other party to the proceeding, issue subpoenas
19 requiring the attendance of and the giving of testimony by
20 witnesses, and subpoenas duces tecum requiring the production
21 of books, papers, records or memoranda. The subpoenas and
22 subpoenas duces tecum may be served by any person of full
23 age. Any subpoena may be served in the same manner as a
24 subpoena issued out of a circuit court, and may also be
25 served by United States registered or certified mail,
26 addressed to the person concerned at his last known address,
27 and proof of such mailing shall be sufficient for the
28 purposes of the Article.
29 (b) Subpoenas duces tecum issued in other states shall be
30 afforded full faith and credit in this State. Every such
31 subpoena shall have the full force, effect, and attributes
32 of a subpoena issued in this State, including the ability to
33 be enforced.
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1 (Source: Laws 1967, p. 122.)
2 (305 ILCS 5/10-14) (from Ch. 23, par. 10-14)
3 Sec. 10-14. Review of Illinois department decision on
4 petition for hearing. Any responsible relative or person
5 receiving child and spouse support services under this
6 Article affected by a final administrative decision of the
7 Illinois Department in a hearing, conducted pursuant to
8 Sections 10-13 through to 10-13.10 in which such relative or
9 person receiving services was a party, may have the decision
10 reviewed only under and in accordance with the Administrative
11 Review Law, as amended. The provisions of the Administrative
12 Review Law, and the rules adopted pursuant thereto, shall
13 apply to and govern all proceedings for the judicial review
14 of such final administrative decisions of the Illinois
15 Department. The term "administrative decision" is defined as
16 in Section 3-101 of the Code of Civil Procedure.
17 Appeals from all final orders and judgments entered by a
18 court upon review of the Illinois Department's order in any
19 case may be taken by either party to the proceeding and shall
20 be governed by the rules applicable to appeals in civil
21 cases.
22 The remedy herein provided for appeal shall be exclusive,
23 and no court shall have jurisdiction to review the subject
24 matter of any order made by the Illinois Department except as
25 herein provided.
26 (Source: P.A. 82-783.)
27 (305 ILCS 5/10-14.1 new)
28 Sec. 10-14.1. Relief from administrative orders.
29 Notwithstanding the 30-day appeal period provided in Sections
30 10-12 and 10-12.1 and the limitation on review of final
31 administrative decisions contained in Section 10-14, a
32 responsible relative or a person receiving child and spouse
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1 support services under this Article who is aggrieved by an
2 administrative order entered under Section 10-11 or 10-11.1
3 or an administrative determination of paternity entered under
4 Section 10-17.7 and who did not petition within the 30-day
5 appeal period may petition the Illinois Department for relief
6 from the administrative order or determination on the same
7 grounds as are provided for relief from judgments under
8 Section 2-1401 of the Code of Civil Procedure. The petition
9 must be filed not later than 2 years after the entry of the
10 order or determination by the Illinois Department. The day
11 immediately subsequent to the mailing of the order or
12 determination shall be considered as the first day and the
13 day the petition is received by the Illinois Department shall
14 be considered as the last day in computing the 2-year period.
15 Any period during which the person seeking relief is under a
16 legal disability or duress or during which the grounds for
17 relief are fraudulently concealed shall be excluded in
18 computing the period of 2 years.
19 Upon receiving a petition within the 2-year period, the
20 Illinois Department shall provide for a hearing to be held on
21 the petition.
22 (305 ILCS 5/10-16.2) (from Ch. 23, par. 10-16.2)
23 Sec. 10-16.2. Withholding of Income to Secure Payment of
24 Support.
25 (A) Definitions.
26 (1) "Order for support" means any order of the court
27 which provides for periodic payment of funds for the support
28 of a child or maintenance of a spouse, whether temporary or
29 final, and includes any such order which provides for:
30 (a) Modification or resumption of, or payment of
31 arrearage accrued under, a previously existing order;
32 (b) Reimbursement of support; or
33 (c) Enrollment in a health insurance plan that is
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1 available to the obligor through an employer or labor
2 union or trade union.
3 (2) "Arrearage" means the total amount of unpaid support
4 obligations as determined by the court and incorporated into
5 an order for support.
6 (2.5) "Business day" means a day on which State offices
7 are open for regular business.
8 (3) "Delinquency" means any payment under an order for
9 support which becomes due and remains unpaid after entry of
10 the order for support.
11 (4) "Income" means any form of periodic payment to an
12 individual, regardless of source, including, but not limited
13 to: wages, salary, commission, compensation as an independent
14 contractor, workers' compensation, disability, annuity,
15 pension, and retirement benefits, lottery prize awards,
16 insurance proceeds, vacation pay, bonuses, profit-sharing
17 payments, interest, and any other payments, made by any
18 person, private entity, federal or state government, any unit
19 of local government, school district or any entity created by
20 Public Act; however, "income" excludes:
21 (a) Any amounts required by law to be withheld,
22 other than creditor claims, including, but not limited
23 to, federal, State and local taxes, Social Security and
24 other retirement and disability contributions;
25 (b) Union dues;
26 (c) Any amounts exempted by the federal Consumer
27 Credit Protection Act;
28 (d) Public assistance payments; and
29 (e) Unemployment insurance benefits except as
30 provided by law.
31 Any other State or local laws which limit or exempt
32 income or the amount or percentage of income that can be
33 withheld shall not apply.
34 (5) "Obligor" means the individual who owes a duty to
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1 make payments under an order for support.
2 (6) "Obligee" means the individual to whom a duty of
3 support is owed or the individual's legal representative.
4 (7) "Payor" means any payor of income to an obligor.
5 (8) "Public office" means any elected official or any
6 State or local agency which is or may become responsible by
7 law for enforcement of, or which is or may become authorized
8 to enforce, an order for support, including, but not limited
9 to: the Attorney General, the Illinois Department of Public
10 Aid, the Illinois Department of Human Services (as successor
11 to the Department of Mental Health and Developmental
12 Disabilities), the Illinois Department of Children and Family
13 Services, and the various State's Attorneys, Clerks of the
14 Circuit Court and supervisors of general assistance.
15 (9) "Premium" means the dollar amount for which the
16 obligor is liable to his employer or labor union or trade
17 union and which must be paid to enroll or maintain a child in
18 a health insurance plan that is available to the obligor
19 through an employer or labor union or trade union.
20 (B) Entry of Order for Support Containing Income Withholding
21 Provisions; Income Withholding Notice.
22 (1) In addition to any content required under other
23 laws, every order for support entered on or after July 1,
24 1997, shall:
25 (a) Require an income withholding notice to be
26 prepared and served immediately upon any payor of the
27 obligor by the obligee or public office, unless a written
28 agreement is reached between and signed by both parties
29 providing for an alternative arrangement, approved and
30 entered into the record by the court, which ensures
31 payment of support. In that case, the order for support
32 shall provide that an income withholding notice is to be
33 prepared and served only if the obligor becomes
34 delinquent in paying the order for support; and
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1 (b) Contain a dollar amount to be paid until
2 payment in full of any delinquency that accrues after
3 entry of the order for support. The amount for payment
4 of delinquency shall not be less than 20% of the total of
5 the current support amount and the amount to be paid
6 periodically for payment of any arrearage stated in the
7 order for support; and
8 (c) Include the obligor's Social Security Number,
9 which the obligor shall disclose to the court. If the
10 obligor is not a United States citizen, the obligor shall
11 disclose to the court, and the court shall include in the
12 order for support, the obligor's alien registration
13 number, passport number, and home country's social
14 security or national health number, if applicable.
15 (2) At the time the order for support is entered, the
16 Clerk of the Circuit Court shall provide a copy of the order
17 to the obligor and shall make copies available to the obligee
18 and public office.
19 (3) The income withholding notice shall:
20 (a) Be in the standard format prescribed by the
21 federal Department of Health and Human Services; and
22 (a-5) State the date of entry of the order for
23 support upon which the income withholding notice is
24 based; and
25 (b) Direct any payor to withhold the dollar amount
26 required for current support under the order for support;
27 and
28 (c) Direct any payor to withhold the dollar amount
29 required to be paid periodically under the order for
30 support for payment of the amount of any arrearage stated
31 in the order for support; and
32 (d) Direct any payor or labor union or trade union
33 to enroll a child as a beneficiary of a health insurance
34 plan and withhold or cause to be withheld, if applicable,
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1 any required premiums; and
2 (e) State the amount of the payor income
3 withholding fee specified under this Section; and
4 (f) State that the amount actually withheld from
5 the obligor's income for support and other purposes,
6 including the payor withholding fee specified under this
7 Section, may not be in excess of the maximum amount
8 permitted under the federal Consumer Credit Protection
9 Act; and
10 (g) State the duties of the payor and the fines and
11 penalties for failure to withhold and pay over income and
12 for discharging, disciplining, refusing to hire, or
13 otherwise penalizing the obligor because of the duty to
14 withhold and pay over income under this Section; and
15 (h) State the rights, remedies, and duties of the
16 obligor under this Section; and
17 (i) Include the obligor's Social Security Number;
18 and
19 (j) Include the date that withholding for current
20 support terminates, which shall be the date of
21 termination of the current support obligation set forth
22 in the order for support; and.
23 (k) Contain the signature of the obligee or the
24 printed name and telephone number of the authorized
25 representative of the public office, except that the
26 failure to contain the signature of the obligee or the
27 printed name and telephone number of the authorized
28 representative of the public office shall not affect the
29 validity of the income withholding notice.
30 (4) The accrual of a delinquency as a condition for
31 service of an income withholding notice, under the exception
32 to immediate withholding in paragraph (1) of this subsection,
33 shall apply only to the initial service of an income
34 withholding notice on a payor of the obligor.
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1 (5) Notwithstanding the exception to immediate
2 withholding contained in paragraph (1) of this subsection, if
3 the court finds at the time of any hearing that an arrearage
4 has accrued, the court shall order immediate service of an
5 income withholding notice upon the payor.
6 (6) If the order for support, under the exception to
7 immediate withholding contained in paragraph (1) of this
8 subsection, provides that an income withholding notice is to
9 be prepared and served only if the obligor becomes delinquent
10 in paying the order for support, the obligor may execute a
11 written waiver of that condition and request immediate
12 service on the payor.
13 (7) The obligee or public office may serve the income
14 withholding notice on the payor or its superintendent,
15 manager, or other agent by ordinary mail or certified mail
16 return receipt requested, by facsimile transmission or other
17 electronic means, by personal delivery, or by any method
18 provided by law for service of a summons. At the time of
19 service on the payor and as notice that withholding has
20 commenced, the obligee or public office shall serve a copy of
21 the income withholding notice on the obligor by ordinary mail
22 addressed to his or her last known address. A copy of the
23 income withholding notice together with proofs of service on
24 the payor and the obligor shall be filed with the Clerk of
25 the Circuit Court.
26 (8) At any time after the initial service of an income
27 withholding notice under this Section, any other payor of the
28 obligor may be served with the same income withholding notice
29 without further notice to the obligor. A copy of the income
30 withholding notice together with a proof of service on the
31 other payor shall be filed with the Clerk of the Circuit
32 Court.
33 (9) (4) New service of an income order for withholding
34 notice is not required in order to resume withholding of
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1 income in the case of an obligor with respect to whom an
2 income order for withholding notice was previously served on
3 the payor if withholding of income was terminated because of
4 an interruption in the obligor's employment of less than 180
5 days.
6 (C) Income Withholding After Accrual of Delinquency.
7 (1) Whenever an obligor accrues a delinquency, the
8 obligee or public office may prepare and serve upon the
9 obligor's payor an income withholding notice that:
10 (a) Contains the information required under
11 paragraph (3) of subsection (B); and
12 (b) Contains a computation of the period and total
13 amount of the delinquency as of the date of the notice;
14 and
15 (c) Directs the payor to withhold the dollar amount
16 required to be withheld periodically under the order for
17 support for payment of the delinquency.
18 (2) The income withholding notice and the obligor's copy
19 of the income withholding notice shall be served as provided
20 in paragraph (7) of subsection (B).
21 (3) The obligor may contest withholding commenced under
22 this subsection by filing a petition to contest withholding
23 with the Clerk of the Circuit Court within 20 days after
24 service of a copy of the income withholding notice on the
25 obligor. However, the grounds for the petition to contest
26 withholding shall be limited to:
27 (a) A dispute concerning the existence or amount of
28 the delinquency; or
29 (b) The identity of the obligor.
30 The Clerk of the Circuit Court shall notify the obligor
31 and the obligee or public office of the time and place of the
32 hearing on the petition to contest withholding. The court
33 shall hold the hearing pursuant to the provisions of
34 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 providing
23 an alternative arrangement to immediate withholding under
24 paragraph (1) of subsection (B) continues to ensure
25 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 to be taken from the
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1 income to be paid to the obligor.
2 (2) Whenever the obligor is no longer receiving income
3 from the payor, the payor shall return a copy of the income
4 withholding notice to the obligee or public office and shall
5 provide information for the purpose of enforcing this
6 Section.
7 (3) Withholding of income under this Section shall be
8 made without regard to any prior or subsequent garnishments,
9 attachments, wage assignments, or any other claims of
10 creditors. Withholding of income under this Section shall
11 not be in excess of the maximum amounts permitted under the
12 federal Consumer Credit Protection Act. If the payor has been
13 served with more than one income withholding notice
14 pertaining to the same obligor, the payor shall allocate
15 income available for withholding on a proportionate share
16 basis, giving priority to current support payments. If there
17 is any income available for withholding after withholding for
18 all current support obligations, the payor shall allocate the
19 income to past due support payments ordered in cases in which
20 cash assistance under this Code is not being provided to the
21 obligee and then to past due support payments ordered in
22 cases in which cash assistance under this Code is being
23 provided to the obligee, both on a proportionate share basis.
24 A payor who complies with an income withholding notice that
25 is regular on its face shall not be subject to civil
26 liability with respect to any individual, any agency, or any
27 creditor of the obligor for conduct in compliance with the
28 notice.
29 (4) No payor shall discharge, discipline, refuse to hire
30 or otherwise penalize any obligor because of the duty to
31 withhold income.
32 (F) Petitions to Contest Withholding or to Modify, Suspend,
33 Terminate, or Correct Income Withholding Notices.
34 (1) When an obligor files a petition to contest
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1 withholding, the court, after due notice to all parties,
2 shall hear the matter as soon as practicable and shall enter
3 an order granting or denying relief, ordering service of an
4 amended income withholding notice, where applicable, or
5 otherwise resolving the matter.
6 The court shall deny the obligor's petition if the court
7 finds that when the income withholding notice was mailed,
8 sent by facsimile transmission or other electronic means, or
9 placed for personal delivery to or service on the payor:
10 (a) A delinquency existed; or
11 (b) The parties' written agreement providing an
12 alternative arrangement to immediate withholding under
13 paragraph (1) of subsection (B) no longer ensured payment
14 of support.
15 (2) At any time, an obligor, obligee, public office or
16 Clerk of the Circuit Court may petition the court to:
17 (a) Modify, suspend or terminate the income
18 withholding notice because of a modification, suspension
19 or termination of the underlying order for support; or
20 (b) Modify the amount of income to be withheld to
21 reflect payment in full or in part of the delinquency or
22 arrearage by income withholding or otherwise; or
23 (c) Suspend the income withholding notice because
24 of inability to deliver income withheld to the obligee
25 due to the obligee's failure to provide a mailing address
26 or other means of delivery.
27 (3) At any time an obligor may petition the court to
28 correct a term contained in an income withholding notice to
29 conform to that stated in the underlying order for support
30 for:
31 (a) The amount of current support;
32 (b) The amount of the arrearage;
33 (c) The periodic amount for payment of the
34 arrearage; or
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1 (d) The periodic amount for payment of the
2 delinquency.
3 (4) The obligor, obligee or public office shall serve on
4 the payor, in the manner provided for service of income
5 withholding notices in paragraph (7) of subsection (B), a
6 copy of any order entered pursuant to this subsection that
7 affects the duties of the payor.
8 (5) At any time, a public office or Clerk of the Circuit
9 Court may serve a notice on the payor to:
10 (a) Cease withholding of income for payment of
11 current support for a child when the support obligation
12 for that child has automatically ceased under the order
13 for support through emancipation or otherwise; or
14 (b) Cease withholding of income for payment of
15 delinquency or arrearage when the delinquency or
16 arrearage has been paid in full.
17 (6) The notice provided for under paragraph (5) of this
18 subsection shall be served on the payor in the manner
19 provided for service of income withholding notices in
20 paragraph (7) of subsection (B), and a copy shall be provided
21 to the obligor and the obligee.
22 (7) The income withholding notice shall continue to be
23 binding upon the payor until service of an amended income
24 withholding notice or any order of the court or notice
25 entered or provided for under this subsection.
26 (G) Additional Duties.
27 (1) An obligee who is receiving income withholding
28 payments under this Section shall notify the payor, if the
29 obligee receives the payments directly from the payor, or the
30 public office or the Clerk of the Circuit Court, as
31 appropriate, of any change of address within 7 days of such
32 change.
33 (2) An obligee who is a recipient of public aid shall
34 send a copy of any income withholding notice served by the
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1 obligee to the Division of Child Support Enforcement of the
2 Illinois Department of Public Aid.
3 (3) Each obligor shall notify the obligee, the public
4 office, and the Clerk of the Circuit Court of any change of
5 address within 7 days.
6 (4) An obligor whose income is being withheld or who has
7 been served with a notice of delinquency pursuant to this
8 Section shall notify the obligee, the public office, and the
9 Clerk of the Circuit Court of any new payor, within 7 days.
10 (5) When the Illinois Department of Public Aid is no
11 longer authorized to receive payments for the obligee, it
12 shall, within 7 days, notify the payor or, where appropriate,
13 the Clerk of the Circuit Court, to redirect income
14 withholding payments to the obligee.
15 (6) The obligee or public office shall provide notice to
16 the payor and Clerk of the Circuit Court of any other support
17 payment made, including but not limited to, a set-off under
18 federal and State law or partial payment of the delinquency
19 or arrearage, or both.
20 (7) Any public office and Clerk of the Circuit Court
21 which collects, disburses or receives payments pursuant to
22 income withholding notices shall maintain complete, accurate,
23 and clear records of all payments and their disbursements.
24 Certified copies of payment records maintained by a public
25 office or Clerk of the Circuit Court shall, without further
26 proof, be admitted into evidence in any legal proceedings
27 under this Section.
28 (8) The Illinois Department of Public Aid shall design
29 suggested legal forms for proceeding under this Section and
30 shall make available to the courts such forms and
31 informational materials which describe the procedures and
32 remedies set forth herein for distribution to all parties in
33 support actions.
34 (9) At the time of transmitting each support payment,
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1 the clerk of the circuit court shall provide the obligee or
2 public office, as appropriate, with any information furnished
3 by the payor as to the date the amount would (but for the
4 duty to withhold income) have been paid or credited to the
5 obligor.
6 (H) Penalties.
7 (1) Where a payor wilfully fails to withhold or pay over
8 income pursuant to a properly served income withholding
9 notice, or wilfully discharges, disciplines, refuses to hire
10 or otherwise penalizes an obligor as prohibited by subsection
11 (E), or otherwise fails to comply with any duties imposed by
12 this Section, the obligee, public office or obligor, as
13 appropriate, may file a complaint with the court against the
14 payor. The clerk of the circuit court shall notify the
15 obligee or public office, as appropriate, and the obligor and
16 payor of the time and place of the hearing on the complaint.
17 The court shall resolve any factual dispute including, but
18 not limited to, a denial that the payor is paying or has paid
19 income to the obligor. Upon a finding in favor of the
20 complaining party, the court:
21 (a) Shall enter judgment and direct the enforcement
22 thereof for the total amount that the payor wilfully
23 failed to withhold or pay over; and
24 (b) May order employment or reinstatement of or
25 restitution to the obligor, or both, where the obligor
26 has been discharged, disciplined, denied employment or
27 otherwise penalized by the payor and may impose a fine
28 upon the payor not to exceed $200.
29 (2) Any obligee, public office or obligor who wilfully
30 initiates a false proceeding under this Section or who
31 wilfully fails to comply with the requirements of this
32 Section shall be punished as in cases of contempt of court.
33 (I) Alternative Procedures for Service of an Income
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1 Withholding Notice.
2 (1) The procedures of this subsection may be used in any
3 matter to serve an income withholding notice on a payor if:
4 (a) For any reason the most recent order for
5 support entered does not contain the income withholding
6 provisions required under subsection (B), irrespective of
7 whether a separate order for withholding was entered
8 prior to July 1, 1997; and
9 (b) The obligor has accrued a delinquency after
10 entry of the most recent order for support.
11 (2) The obligee or public office shall prepare and serve
12 the income withholding notice in accordance with the
13 provisions of subsection (C), except that the notice shall
14 contain a periodic amount for payment of the delinquency
15 equal to 20% of the total of the current support amount and
16 the amount to be paid periodically for payment of any
17 arrearage stated in the most recent order for support.
18 (3) If the obligor requests in writing that income
19 withholding become effective prior to the obligor accruing a
20 delinquency under the most recent order for support, the
21 obligee or public office may prepare and serve an income
22 withholding notice on the payor as provided in subsection
23 (B). In addition to filing proofs of service of the income
24 withholding notice on the payor and the obligor, the obligee
25 or public office shall file a copy of the obligor's written
26 request for income withholding with the Clerk of the Circuit
27 Court.
28 (4) All other provisions of this Section shall be
29 applicable with respect to the provisions of this subsection
30 (I).
31 (J) Remedies in Addition to Other Laws.
32 (1) The rights, remedies, duties and penalties created
33 by this Section are in addition to and not in substitution
34 for any other rights, remedies, duties and penalties created
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1 by any other law.
2 (2) Nothing in this Section shall be construed as
3 invalidating any assignment of wages or benefits executed
4 prior to January 1, 1984 or any order for withholding served
5 prior to July 1, 1997.
6 (Source: P.A. 89-507, eff. 7-1-97; 90-18, eff. 7-1-97;
7 90-425, eff. 8-15-97; revised 9-29-97.)
8 (305 ILCS 5/10-17.1) (from Ch. 23, par. 10-17.1)
9 Sec. 10-17.1. Administrative Order by Registration. The
10 Illinois Department may provide by rule for the
11 administrative registration of a support order entered by a
12 court or administrative body of another this or any other
13 state. The purpose of registration shall be to enforce or
14 modify the order in accordance with the provisions of the
15 Uniform Interstate Family Support Act. Registration shall be
16 for the sole purpose of enforcing the registered order and
17 shall not confer jurisdiction on the Illinois Department for
18 any other purpose, including modification. Upon
19 registration, such support order shall become an
20 administrative order of the Child and Spouse Support Unit by
21 operation of law. The rule shall provide for notice to and
22 an opportunity to be heard by the responsible relative and
23 custodial parent affected, and any final administrative
24 decision rendered by the Department shall be reviewed only
25 under and in accordance with the Administrative Review Law.
26 Any new or existing support order registered by the
27 Illinois Department under this Section shall be deemed to be
28 a series of judgments against the person obligated to pay
29 support thereunder, each such judgment to be in the amount of
30 each payment or installment of support and each such judgment
31 to be deemed entered as of the date the corresponding payment
32 or installment becomes due under the terms of the support
33 order. Each such judgment shall be enforceable in the same
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1 manner as any other judgment in this State. A lien arises by
2 operation of law against the real and personal property of
3 the noncustodial parent for each installment of overdue
4 support owed by the noncustodial parent.
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 registered 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.)
12 (305 ILCS 5/10-17.7)
13 Sec. 10-17.7. Administrative determination of paternity.
14 The Illinois Department may provide by rule for the
15 administrative determination of paternity by the Child and
16 Spouse Support Unit in cases involving applicants for or
17 recipients of financial aid under Article IV of this Act and
18 other persons who are given access to the child and spouse
19 support services of this Article as provided in Section 10-1,
20 including persons similarly situated and receiving similar
21 services in other states. The rules shall extend to cases in
22 which the mother and alleged father voluntarily acknowledge
23 paternity in the form required by the Illinois Department, or
24 agree to be bound by the results of genetic testing, or in
25 which the alleged father has failed to respond to a
26 notification of support obligation issued under Section 10-4,
27 and for purposes of the program provided for under Section
28 12-4.31 to cases of contested paternity involving only
29 applicants for or recipients of assistance under Articles IV,
30 V and VI of this Code. Any presumption provided for under
31 the Illinois Parentage Act of 1984 shall apply to cases in
32 which paternity is determined under the rules of the Illinois
33 Department. The rules shall provide for notice and an
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1 opportunity to be heard by the responsible relative and the
2 person receiving child and spouse support services under this
3 Article affected if paternity is not voluntarily
4 acknowledged, and any final administrative decision rendered
5 by the Illinois Department shall be reviewed only under and
6 in accordance with the Administrative Review Law.
7 Determinations of paternity made by the Illinois Department
8 under the rules authorized by this Section shall have the
9 full force and effect of a court judgment of paternity
10 entered under the Illinois Parentage Act of 1984.
11 In determining paternity in contested cases, the Illinois
12 Department shall conduct the evidentiary hearing in
13 accordance with Section 11 of the Parentage Act of 1984,
14 except that references in that Section to "the court" shall
15 be deemed to mean the Illinois Department's hearing officer
16 in cases in which paternity is determined administratively by
17 the Illinois Department.
18 Notwithstanding any other provision of this Article, and
19 regarding only cases included in the program provided for
20 under Section 12-4.31 of this Code, a default determination
21 of paternity may be made if service of the notice under
22 Section 10-4 was made by publication under the rules for
23 administrative paternity determination authorized by this
24 Section. The rules as they pertain to service by publication
25 shall (i) be based on the provisions of Section 2-206 and
26 2-207 of the Code of Civil Procedure, (ii) provide for
27 service by publication in cases in which the whereabouts of
28 the alleged father are unknown after diligent location
29 efforts by the Child and Spouse Support Unit, and (iii)
30 provide for publication of a notice of default paternity
31 determination in the same manner that the notice under
32 Section 10-4 was published.
33 Notwithstanding the limitation on review of final
34 administrative decisions contained in the first paragraph of
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1 this Section, a man administratively determined to be the
2 father of a child by default, if the notice under Section
3 10-4 was served by publication, may bring a petition in the
4 circuit court for relief from the administrative
5 determination of paternity on the same grounds provided for
6 relief from judgments under Section 2-1401 of the Code of
7 Civil Procedure. The petition must be filed not later than 2
8 years after notice of the default determination was published
9 in accordance with the rules of the Illinois Department.
10 Allegations in the petition made without reasonable cause and
11 found to be untrue shall subject the petitioner or his
12 attorney, or both, to the payment of reasonable costs and
13 attorney's fees incurred by the Illinois Department in
14 defending against the petition.
15 The Illinois Department may implement this Section
16 through the use of emergency rules in accordance with Section
17 5-45 of the Illinois Administrative Procedure Act. For
18 purposes of the Illinois Administrative Procedure Act, the
19 adoption of rules to implement this Section shall be
20 considered an emergency and necessary for the public
21 interest, safety, and welfare.
22 (Source: P.A. 88-687, eff. 1-24-95; 89-6, eff. 3-6-95;
23 89-641, eff. 8-9-96.)
24 (305 ILCS 5/10-27 new)
25 Sec. 10-27. State Case Registry.
26 (a) The Illinois Department shall establish an automated
27 State Case Registry to contain records concerning child
28 support orders for parties receiving child and spouse support
29 services under this Article X, and for all child support
30 orders entered or modified on or after October 1, 1998, and
31 pursuant to Sections 10-10 and 10-11 of this Code, and
32 pursuant to the Illinois Marriage and Dissolution of Marriage
33 Act, the Non-Support of Spouse and Children Act, the Uniform
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1 Interstate Family Support Act, or the Illinois Parentage Act
2 of 1984.
3 (b) The Illinois Department shall maintain the following
4 information in the Registry for all cases described in
5 subsection (a):
6 (1) the names of the custodial and non-custodial
7 parents, and of the child or children covered by the
8 order;
9 (2) the dates of birth of the custodial and
10 non-custodial parents, and of the child or children
11 covered by the order;
12 (3) the social security numbers of the custodial
13 and non-custodial parents and, if available, of the child
14 or children covered by the order;
15 (4) the residential and mailing addresses for the
16 custodial and non-custodial parents;
17 (5) the telephone numbers for the custodial and
18 non-custodial parents;
19 (6) the driver's license numbers for the custodial
20 and non-custodial parents;
21 (7) the name, address, and telephone number of each
22 parent's employer or employers;
23 (8) the case identification number;
24 (9) the court docket number, if applicable; and
25 (10) any other information that may be required
26 under Title IV, Part D of the Social Security Act or
27 regulations promulgated thereunder.
28 (c) The Illinois Department shall maintain the following
29 payment information on child support orders for parties
30 receiving child and spouse support services under this
31 Article X:
32 (1) 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 (2) any amounts described in subdivision (1) of
3 subsection (d) that have been collected;
4 (3) the distribution of the collected amounts; and
5 (4) the amount of any lien imposed with respect to
6 the order pursuant to Section 10-25 or Section 10-25.5 of
7 this Code.
8 (d) The Illinois Department shall establish, update,
9 maintain, and monitor case records in the Registry of parties
10 receiving child and spouse support services under this
11 Article X, on the bases of:
12 (1) information on administrative actions and
13 administrative and judicial proceedings and orders
14 relating to paternity and support;
15 (2) information obtained from comparison with
16 federal, State, and local sources of information;
17 (3) information on support collections and
18 distribution; and
19 (4) any other relevant information.
20 (e) The Illinois Department shall use the automated
21 State Case Registry to share and compare information with,
22 and receive information from, other data bases and
23 information comparison services in order to obtain (or
24 provide) information necessary to enable the Illinois
25 Department (or the federal Department of Health and Human
26 Services or other State or federal agencies) to carry out the
27 requirements of the child support enforcement program
28 established under Title IV, Part D of the Social Security
29 Act. Such information comparison activities shall include
30 the following:
31 (1) Furnishing to the Federal Case Registry of
32 Child Support Orders (and updating as necessary, with
33 information including notice of expiration of orders) the
34 information specified by the federal Department of Health
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1 and Human Services in regulations.
2 (2) Exchanging information with the Federal Parent
3 Locator Service for the purposes specified in Section 453
4 of the Social Security Act.
5 (3) Exchanging information with State agencies (of
6 this State and of other states) administering programs
7 funded under Title IV, Part A and Title XIX of the Social
8 Security Act and other programs designated by the federal
9 Department of Health and Human Services, as necessary to
10 perform responsibilities under Title IV, Part D of the
11 Social Security Act and under such other programs.
12 (4) Exchanging information with other agencies of
13 this State, agencies of other states, and interstate
14 information networks, as necessary and appropriate to
15 carry out (or assist other states to carry out) the
16 purposes of Title IV, Part D of the Social Security Act.
17 (f) The Illinois Department shall adopt rules
18 establishing safeguards, applicable to all confidential
19 information included in the State Case Registry, that are
20 designed to protect the privacy rights of persons concerning
21 whom information is on record in the State Case Registry.
22 Such safeguards shall include, but not be limited to the
23 following:
24 (1) Prohibitions against the release of information
25 on the whereabouts of one party or the child to another
26 party against whom a protective order with respect to the
27 former party or the child has been entered.
28 (2) Prohibitions against the release of information
29 on the whereabouts of one party or the child to another
30 party if the Illinois Department has reasonable evidence
31 of domestic violence or child abuse (that is, allegations
32 of domestic violence or child abuse, unless the Illinois
33 Department has an independent, reasonable basis to find
34 the person making the allegation not credible) to the
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1 former party or child by the party requesting
2 information.
3 (3) Prohibitions against the release of information
4 on the whereabouts of one party or the child to another
5 person if the Illinois Department has reason to believe
6 the release of information to that person may result in
7 physical or emotional harm to the party or child.
8 (305 ILCS 5/10-22 rep.)
9 (305 ILCS 5/12-4.31 rep.)
10 Section 6. The Illinois Public Aid Code is amended by
11 repealing Sections 10-22 and 12-4.31.
12 Section 8. The Vital Records Act is amended by changing
13 Section 12 as follows:
14 (410 ILCS 535/12) (from Ch. 111 1/2, par. 73-12)
15 Sec. 12. Live births; place of registration.
16 (1) Each live birth which occurs in this State shall be
17 registered with the local or subregistrar of the district in
18 which the birth occurred as provided in this Section, within
19 7 days after the birth. When a birth occurs on a moving
20 conveyance, the city, village, township, or road district in
21 which the child is first removed from the conveyance shall be
22 considered the place of birth and a birth certificate shall
23 be filed in the registration district in which the place is
24 located.
25 (2) When a birth occurs in an institution, the person in
26 charge of the institution or his designated representative
27 shall obtain and record all the personal and statistical
28 particulars relative to the parents of the child that are
29 required to properly complete the live birth certificate;
30 shall secure the required personal signatures on the hospital
31 worksheet; shall prepare the certificate from this worksheet;
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1 and shall file the certificate with the local registrar. The
2 institution shall retain the hospital worksheet permanently
3 or as otherwise specified by rule. The physician in
4 attendance shall verify or provide the date of birth and
5 medical information required by the certificate, within 24
6 hours after the birth occurs.
7 (3) When a birth occurs outside an institution, the
8 certificate shall be prepared and filed by one of the
9 following in the indicated order of priority:
10 (a) The physician in attendance at or immediately
11 after the birth, or in the absence of such a person,
12 (b) Any other person in attendance at or
13 immediately after the birth, or in the absence of such a
14 person,
15 (c) The father, the mother, or in the absence of
16 the father and the inability of the mother, the person in
17 charge of the premises where the birth occurred.
18 (4) Unless otherwise provided in this Act, if the mother
19 was not married to the father of the child at either the time
20 of conception or the time of birth, the name of the father
21 shall be entered on the child's birth certificate only if the
22 mother and the person to be named as the father have signed
23 an acknowledgment of parentage in accordance with subsection
24 (5).
25 Unless otherwise provided in this Act, if the mother was
26 married at the time of conception or birth and the presumed
27 father (that is, the mother's husband) is not the biological
28 father of the child, the name of the biological father shall
29 be entered on the child's birth certificate only if, in
30 accordance with subsection (5), (i) the mother and the person
31 to be named as the father have signed an acknowledgment of
32 parentage and (ii) the mother and presumed father have signed
33 a denial of paternity.
34 (5) Upon the birth of a child to an unmarried woman, or
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1 upon the birth of a child to a woman who was married at the
2 time of conception or birth and whose husband is not the
3 biological father of the child, the institution at the time
4 of birth and the local registrar or county clerk after the
5 birth shall do the following:
6 (a) Provide (i) an opportunity for the child's
7 mother and father to sign an acknowledgment of parentage
8 and (ii) if the presumed father is not the biological
9 father, an opportunity for the mother and presumed father
10 to sign a denial of paternity. The signing and
11 witnessing of the acknowledgment of parentage or, if the
12 presumed father of the child is not the biological
13 father, the acknowledgment of parentage and denial of
14 paternity conclusively establishes a parent and child
15 relationship in accordance with Sections 5 and 6 of the
16 Illinois Parentage Act of 1984.
17 The Illinois Department of Public Aid shall furnish
18 the acknowledgment of parentage and denial of paternity
19 form to institutions, county clerks, and State and local
20 registrars' offices. The form shall include instructions
21 to send the original signed and witnessed acknowledgment
22 of parentage and denial of paternity to the Illinois
23 Department of Public Aid.
24 (b) Provide the following documents, furnished by
25 the Illinois Department of Public Aid, to the child's
26 mother, biological father, and (if the person presumed to
27 be the child's father is not the biological father)
28 presumed father for their review at the time the
29 opportunity is provided to establish a parent and child
30 relationship:
31 (i) An explanation of the implications of,
32 alternatives to, legal consequences of, and the
33 rights and responsibilities that arise from signing
34 an acknowledgment of parentage and, if necessary, a
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1 denial of paternity, including an explanation of the
2 parental rights and responsibilities of child
3 support, visitation, custody, retroactive support,
4 health insurance coverage, and payment of birth
5 expenses.
6 (ii) An explanation of the benefits of having
7 a child's parentage established and the availability
8 of parentage establishment and support enforcement
9 services.
10 (iii) A request for an application for child
11 support services from the Illinois Department of
12 Public Aid.
13 (iv) Instructions concerning the opportunity
14 to speak, either by telephone or in person, with
15 staff of the Illinois Department of Public Aid who
16 are trained to clarify information and answer
17 questions about paternity establishment.
18 (v) Instructions for completing and signing
19 the acknowledgment of parentage and denial of
20 paternity.
21 (c) Provide an oral explanation of the documents
22 and instructions set forth in subdivision (5)(b),
23 including an explanation of the implications of,
24 alternatives to, legal consequences of, and the rights
25 and responsibilities that arise from signing an
26 acknowledgment of parentage and, if necessary, a denial
27 of paternity. The oral explanation may be given in
28 person or through the use of video or audio equipment.
29 (6) The institution, State or local registrar, or county
30 clerk shall provide an opportunity for the child's father or
31 mother to sign a rescission of parentage. The signing and
32 witnessing of the rescission of parentage voids the
33 acknowledgment of parentage and nullifies the presumption of
34 paternity if executed and filed with the Illinois Department
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1 of Public Aid within the time frame contained in Section 5 of
2 the Illinois Parentage Act of 1984. The Illinois Department
3 of Public Aid shall furnish the rescission of parentage form
4 to institutions, county clerks, and State and local
5 registrars' offices. The form shall include instructions to
6 send the original signed and witnessed rescission of
7 parentage to the Illinois Department of Public Aid.
8 (7) An acknowledgment of paternity signed pursuant to
9 Section 6 of the Illinois Parentage Act of 1984 may be
10 challenged in court only on the basis of fraud, duress, or
11 material mistake of fact, with the burden of proof upon the
12 challenging party. Pending outcome of a challenge to the
13 acknowledgment of paternity, the legal responsibilities of
14 the signatories shall remain in full force and effect, except
15 upon order of the court upon a showing of good cause.
16 (8) When the process for acknowledgment of parentage as
17 provided for under subsection (5) establishes the paternity
18 of a child whose certificate of birth is on file in another
19 state, the Illinois Department of Public Aid shall forward a
20 copy of the acknowledgment of parentage, the denial of
21 paternity, if applicable, and the rescission of parentage, if
22 applicable, to the birth record agency of the state where the
23 child's certificate of birth is on file.
24 (Source: P.A. 89-641, eff. 8-9-96; 90-18, eff. 7-1-97)
25 Section 10. The Illinois Marriage and Dissolution of
26 Marriage Act is amended by changing Sections 507, 705, and
27 706.1 as follows:
28 (750 ILCS 5/507) (from Ch. 40, par. 507)
29 Sec. 507. Payment of maintenance or support to court.
30 (a) In actions instituted under this Act, the court
31 shall order that maintenance and support payments be made to
32 the clerk of court as trustee for remittance to the person
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1 entitled to receive the payments. However, the court in its
2 discretion may direct otherwise where circumstances so
3 warrant.
4 In cases in which a party is receiving child and spouse
5 support services under Article X of the Illinois Public Aid
6 Code and the order for support provides that child support
7 payments be made to the obligee, the Illinois Department of
8 Public Aid may provide notice to the obligor and the
9 obligor's payor, when income withholding is in effect under
10 Section 706.1 of this Act, to make all payments after receipt
11 of the Department's notice to the clerk of the court until
12 further notice by the Department or order of the court.
13 Copies of the notice shall be provided to the obligee and the
14 clerk. The clerk's copy shall contain a proof of service on
15 the obligor and the obligor's payor, where applicable. The
16 clerk shall file the clerk's copy of the notice in the court
17 file. The notice to the obligor and the payor, if applicable,
18 may be sent by ordinary mail, certified mail, return receipt
19 requested, facsimile transmission, or other electronic
20 process, or may be served upon the obligor or payor using any
21 method provided by law for service of a summons. An obligor
22 who fails to comply with a notice provided under this
23 paragraph is guilty of a Class B misdemeanor. A payor who
24 fails to comply with a notice provided under this paragraph
25 is guilty of a business offense and subject to a fine of up
26 to $1,000.
27 Upon notification in writing or by electronic
28 transmission from the Illinois Department of Public Aid to
29 the clerk of the court that a person who is receiving support
30 payments under this Section is receiving services under the
31 Child Support Enforcement Program established by Title IV-D
32 of the Social Security Act, any support payments subsequently
33 received by the clerk of the court shall be transmitted in
34 accordance with the instructions of the Illinois Department
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1 of Public Aid until the Department gives notice to the clerk
2 of the court to cease the transmittal. After providing the
3 notification authorized under this paragraph, the Illinois
4 Department of Public Aid shall be entitled as a party to
5 notice of any further proceedings in the case. The clerk of
6 the court shall file a copy of the Illinois Department of
7 Public Aid's notification in the court file. The failure of
8 the clerk to file a copy of the notification in the court
9 file shall not, however, affect the Illinois Department of
10 Public Aid's right to receive notice of further proceedings.
11 (b) The clerk of court shall maintain records listing
12 the amount of payments, the date payments are required to be
13 made and the names and addresses of the parties affected by
14 the order. For those cases in which support is payable to the
15 clerk of the circuit court for transmittal to the Illinois
16 Department of Public Aid by order of the court or upon
17 notification of the Illinois Department of Public Aid, and
18 the Illinois Department of Public Aid collects support by
19 assignment, offset, withholding, deduction or other process
20 permitted by law, the Illinois Department shall notify the
21 clerk of the date and amount of such collection. Upon
22 notification, the clerk shall record the collection on the
23 payment record for the case.
24 (c) The parties affected by the order shall inform the
25 clerk of court of any change of address or of other condition
26 that may affect the administration of the order.
27 (d) The provisions of this Section shall not apply to
28 cases that come under the provisions of Sections 709 through
29 712.
30 (Source: P.A. 90-18, eff. 7-1-97.)
31 (750 ILCS 5/705) (from Ch. 40, par. 705)
32 Sec. 705. Support payments; receiving and disbursing
33 agents.
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1 (1) The provisions of this Section shall apply, except
2 as provided in Sections 709 through 712.
3 (2) In a dissolution of marriage action filed in a
4 county of less than 3 million population in which an order or
5 judgment for child support is entered, and in supplementary
6 proceedings in any such county to enforce or vary the terms
7 of such order or judgment arising out of an action for
8 dissolution of marriage filed in such county, the court,
9 except as it otherwise orders, under subsection (4) of this
10 Section, may direct that child support payments be made to
11 the clerk of the court.
12 (3) In a dissolution of marriage action filed in any
13 county of 3 million or more population in which an order or
14 judgment for child support is entered, and in supplementary
15 proceedings in any such county to enforce or vary the terms
16 of such order or judgment arising out of an action for
17 dissolution of marriage filed in such county, the court,
18 except as it otherwise orders under subsection (4) of this
19 Section, may direct that child support payments be made
20 either to the clerk of the court or to the Court Service
21 Division of the County Department of Public Aid. After the
22 effective date of this Act, the court, except as it otherwise
23 orders under subsection (4) of this Section, may direct that
24 child support payments be made either to the clerk of the
25 court or to the Illinois Department of Public Aid.
26 (4) In a dissolution of marriage action or supplementary
27 proceedings involving maintenance or child support payments,
28 or both, to persons who are recipients of aid under the
29 Illinois Public Aid Code, the court shall direct that such
30 payments be made to (a) the Illinois Department of Public Aid
31 if the persons are recipients under Articles III, IV, or V of
32 the Code, or (b) the local governmental unit responsible for
33 their support if they are recipients under Articles VI or VII
34 of the Code. In accordance with federal law and regulations,
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1 the Illinois Department of Public Aid may continue to collect
2 current maintenance payments or child support payments, or
3 both, after those persons cease to receive public assistance
4 and until termination of services under Article X of the
5 Illinois Public Aid Code. The Illinois Department of Public
6 Aid shall pay the net amount collected to those persons after
7 deducting any costs incurred in making the collection or any
8 collection fee from the amount of any recovery made. The
9 order shall permit the Illinois Department of Public Aid or
10 the local governmental unit, as the case may be, to direct
11 that payments be made directly to the former spouse, the
12 children, or both, or to some person or agency in their
13 behalf, upon removal of the former spouse or children from
14 the public aid rolls or upon termination of services under
15 Article X of the Illinois Public Aid Code; and upon such
16 direction, the Illinois Department or local governmental
17 unit, as the case requires, shall give notice of such action
18 to the court in writing or by electronic transmission.
19 (5) All clerks of the court and the Court Service
20 Division of a County Department of Public Aid and, after the
21 effective date of this Act, all clerks of the court and the
22 Illinois Department of Public Aid, receiving child support
23 payments under subsections (2) and (3) of this Section shall
24 disburse the payments to the person or persons entitled
25 thereto under the terms of the order or judgment. They shall
26 establish and maintain current records of all moneys received
27 and disbursed and of defaults and delinquencies in required
28 payments. The court, by order or rule, shall make provision
29 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 706.1 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 the clerk
28 of the court to cease the transmittal. After providing the
29 notification authorized under this paragraph, the Illinois
30 Department of Public Aid shall be entitled as a party to
31 notice of any further proceedings in the case. The clerk of
32 the court shall file a copy of the Illinois Department of
33 Public Aid's notification in the court file. The failure of
34 the clerk to file a copy of the notification in the court
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1 file shall not, however, affect the Illinois Department of
2 Public Aid's right to receive notice of further proceedings.
3 Payments under this Section to the Illinois Department of
4 Public Aid pursuant to the Child Support Enforcement Program
5 established by Title IV-D of the Social Security Act shall be
6 paid into the Child Support Enforcement Trust Fund. All other
7 payments under this Section to the Illinois Department of
8 Public Aid shall be deposited in the Public Assistance
9 Recoveries Trust Fund. Disbursements from these funds shall
10 be as provided in the Illinois Public Aid Code. Payments
11 received by a local governmental unit shall be deposited in
12 that unit's General Assistance Fund. Any order of court
13 directing payment of child support to a clerk of court or the
14 Court Service Division of a County Department of Public Aid,
15 which order has been entered on or after August 14, 1961, and
16 prior to the effective date of this Act, may be amended by
17 the court in line with this Act; and orders involving
18 payments of maintenance or child support to recipients of
19 public aid may in like manner be amended to conform to this
20 Act.
21 (6) No filing fee or costs will be required in any
22 action brought at the request of the Illinois Department of
23 Public Aid in any proceeding under this Act. However, any
24 such fees or costs may be assessed by the court against the
25 respondent in the court's order of support or any
26 modification thereof in a proceeding under this Act.
27 (7) For those cases in which child support is payable to
28 the clerk of the circuit court for transmittal to the
29 Illinois Department of Public Aid by order of court or upon
30 notification by the Illinois Department of Public Aid, the
31 clerk shall transmit all such payments, within 4 working days
32 of receipt, to insure that funds are available for immediate
33 distribution by the Department to the person or entity
34 entitled thereto in accordance with standards of the Child
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1 Support Enforcement Program established under Title IV-D of
2 the Social Security Act. The clerk shall notify the
3 Department of the date of receipt and amount thereof at the
4 time of transmittal. Where the clerk has entered into an
5 agreement of cooperation with the Department to record the
6 terms of child support orders and payments made thereunder
7 directly into the Department's automated data processing
8 system, the clerk shall account for, transmit and otherwise
9 distribute child support payments in accordance with such
10 agreement in lieu of the requirements contained herein.
11 In any action filed in a county with a population of
12 1,000,000 or less, the court shall assess against the
13 respondent in any order of maintenance or child support any
14 sum up to $36 annually authorized by ordinance of the county
15 board to be collected by the clerk of the court as costs for
16 administering the collection and disbursement of maintenance
17 and child support payments. Such sum shall be in addition to
18 and separate from amounts ordered to be paid as maintenance
19 or child support.
20 (Source: P.A. 90-18, eff. 7-1-97.)
21 (750 ILCS 5/706.1) (from Ch. 40, par. 706.1)
22 Sec. 706.1. Withholding of Income to Secure Payment of
23 Support.
24 (A) Definitions.
25 (1) "Order for support" means any order of the court
26 which provides for periodic payment of funds for the support
27 of a child or maintenance of a spouse, whether temporary or
28 final, and includes any such order which provides for:
29 (a) Modification or resumption of, or payment of
30 arrearage accrued under, a previously existing order;
31 (b) Reimbursement of support; or
32 (c) Enrollment in a health insurance plan that is
33 available to the obligor through an employer or labor
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1 union or trade union.
2 (2) "Arrearage" means the total amount of unpaid support
3 obligations as determined by the court and incorporated into
4 an order for support.
5 (2.5) "Business day" means a day on which State offices
6 are open for regular business.
7 (3) "Delinquency" means any payment under an order for
8 support which becomes due and remains unpaid after entry of
9 the order for support.
10 (4) "Income" means any form of periodic payment to an
11 individual, regardless of source, including, but not limited
12 to: wages, salary, commission, compensation as an independent
13 contractor, workers' compensation, disability, annuity,
14 pension, and retirement benefits, lottery prize awards,
15 insurance proceeds, vacation pay, bonuses, profit-sharing
16 payments, interest, and any other payments, made by any
17 person, private entity, federal or state government, any unit
18 of local government, school district or any entity created by
19 Public Act; however, "income" excludes:
20 (a) Any amounts required by law to be withheld,
21 other than creditor claims, including, but not limited
22 to, federal, State and local taxes, Social Security and
23 other retirement and disability contributions;
24 (b) Union dues;
25 (c) Any amounts exempted by the federal Consumer
26 Credit Protection Act;
27 (d) Public assistance payments; and
28 (e) Unemployment insurance benefits except as
29 provided by law.
30 Any other State or local laws which limit or exempt
31 income or the amount or percentage of income that can be
32 withheld shall not apply.
33 (5) "Obligor" means the individual who owes a duty to
34 make payments under an order for support.
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1 (6) "Obligee" means the individual to whom a duty of
2 support is owed or the individual's legal representative.
3 (7) "Payor" means any payor of income to an obligor.
4 (8) "Public office" means any elected official or any
5 State or local agency which is or may become responsible by
6 law for enforcement of, or which is or may become authorized
7 to enforce, an order for support, including, but not limited
8 to: the Attorney General, the Illinois Department of Public
9 Aid, the Illinois Department of Human Services, the Illinois
10 Department of Children and Family Services, and the various
11 State's Attorneys, Clerks of the Circuit Court and
12 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 the
22 printed name and telephone number of the authorized
23 representative of the public office, except that the
24 failure to contain the signature of the obligee or the
25 printed name and telephone number of the authorized
26 representative of the public office shall not affect the
27 validity of the income withholding notice.
28 (4) The accrual of a delinquency as a condition for
29 service of an income withholding notice, under the exception
30 to immediate withholding in paragraph (1) of this subsection,
31 shall apply only to the initial service of an income
32 withholding notice on a payor of the obligor.
33 (5) Notwithstanding the exception to immediate
34 withholding contained in paragraph (1) of this subsection, if
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1 the court finds at the time of any hearing that an arrearage
2 has accrued, the court shall order immediate service of an
3 income withholding notice upon the payor.
4 (6) If the order for support, under the exception to
5 immediate withholding contained in paragraph (1) of this
6 subsection, provides that an income withholding notice is to
7 be prepared and served only if the obligor becomes delinquent
8 in paying the order for support, the obligor may execute a
9 written waiver of that condition and request immediate
10 service on the payor.
11 (7) The obligee or public office may serve the income
12 withholding notice on the payor or its superintendent,
13 manager, or other agent by ordinary mail or certified mail
14 return receipt requested, by facsimile transmission or other
15 electronic means, by personal delivery, or by any method
16 provided by law for service of a summons. At the time of
17 service on the payor and as notice that withholding has
18 commenced, the obligee or public office shall serve a copy of
19 the income withholding notice on the obligor by ordinary mail
20 addressed to his or her last known address. A copy of the
21 income withholding notice together with proofs of service on
22 the payor and the obligor shall be filed with the Clerk of
23 the Circuit Court.
24 (8) At any time after the initial service of an income
25 withholding notice under this Section, any other payor of the
26 obligor may be served with the same income withholding notice
27 without further notice to the obligor. A copy of the income
28 withholding notice together with a proof of service on the
29 other payor shall be filed with the Clerk of the Circuit
30 Court.
31 (9) (4) New service of an income order for withholding
32 notice is not required in order to resume withholding of
33 income in the case of an obligor with respect to whom an
34 income order for withholding notice was previously served on
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1 the payor if withholding of income was terminated because of
2 an interruption in the obligor's employment of less than 180
3 days.
4 (C) Income Withholding After Accrual of Delinquency.
5 (1) Whenever an obligor accrues a delinquency, the
6 obligee or public office may prepare and serve upon the
7 obligor's payor an income withholding notice that:
8 (a) Contains the information required under
9 paragraph (3) of subsection (B); and
10 (b) Contains a computation of the period and total
11 amount of the delinquency as of the date of the notice;
12 and
13 (c) Directs the payor to withhold the dollar amount
14 required to be withheld periodically under the order for
15 support for payment of the delinquency.
16 (2) The income withholding notice and the obligor's copy
17 of the income withholding notice shall be served as provided
18 in paragraph (7) of subsection (B).
19 (3) The obligor may contest withholding commenced under
20 this subsection by filing a petition to contest withholding
21 with the Clerk of the Circuit Court within 20 days after
22 service of a copy of the income withholding notice on the
23 obligor. However, the grounds for the petition to contest
24 withholding shall be limited to:
25 (a) A dispute concerning the existence or amount of
26 the delinquency; or
27 (b) The identity of the obligor.
28 The Clerk of the Circuit Court shall notify the obligor
29 and the obligee or public office of the time and place of the
30 hearing on the petition to contest withholding. The court
31 shall hold the hearing pursuant to the provisions of
32 subsection (F).
33 (D) Initiated Withholding.
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1 (1) Notwithstanding any other provision of this Section,
2 if the court has not required that income withholding take
3 effect immediately, the obligee or public office may initiate
4 withholding, regardless of whether a delinquency has accrued,
5 by preparing and serving an income withholding notice on the
6 payor that contains the information required under paragraph
7 (3) of subsection (B) and states that the parties' written
8 agreement providing an alternative arrangement to immediate
9 withholding under paragraph (1) of subsection (B) no longer
10 ensures payment of support due and the reason or reasons why
11 it does not.
12 (2) The income withholding notice and the obligor's copy
13 of the income withholding notice shall be served as provided
14 in paragraph (7) of subsection (B).
15 (3) The obligor may contest withholding commenced under
16 this subsection by filing a petition to contest withholding
17 with the Clerk of the Circuit Court within 20 days after
18 service of a copy of the income withholding notice on the
19 obligor. However, the grounds for the petition shall be
20 limited to a dispute concerning:
21 (a) whether the parties' written agreement providing
22 an alternative arrangement to immediate withholding under
23 paragraph (1) of subsection (B) continues to ensure
24 payment of support; or
25 (b) the identity of the obligor.
26 It shall not be grounds for filing a petition that the
27 obligor has made all payments due by the date of the
28 petition.
29 (4) If the obligor files a petition contesting
30 withholding within the 20-day period required under paragraph
31 (3), the Clerk of the Circuit Court shall notify the obligor
32 and the obligee or public office, as appropriate, of the time
33 and place of the hearing on the petition. The court shall
34 hold the hearing pursuant to the provisions of subsection
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1 (F). regular or facsimile regular or facsimile
2 (E) Duties of Payor.
3 (1) It shall be the duty of any payor who has been
4 served with an income withholding notice to deduct and pay
5 over income as provided in this subsection. The payor shall
6 deduct the amount designated in the income withholding
7 notice, as supplemented by any notice provided pursuant to
8 paragraph (6) of subsection (G), beginning no later than the
9 next payment of income which is payable or creditable to the
10 obligor that occurs 14 days following the date the income
11 withholding notice was mailed, sent by facsimile or other
12 electronic means, or placed for personal delivery to or
13 service on the payor. The payor may combine all amounts
14 withheld for the benefit of an obligee or public office into
15 a single payment and transmit the payment with a listing of
16 obligors from whom withholding has been effected. The payor
17 shall pay the amount withheld to the obligee or public office
18 within 7 business days after the date the amount would (but
19 for the duty to withhold income) have been paid or credited
20 to the obligor. If the payor knowingly fails to pay any
21 amount withheld to the obligee or public office within 7
22 business days after the date the amount would have been paid
23 or credited to the obligor, the payor shall pay a penalty of
24 $100 for each day that the withheld amount is not paid to the
25 obligee or public office after the period of 7 business days
26 has expired. The failure of a payor, on more than one
27 occasion, to pay amounts withheld to the obligee or public
28 office within 7 business days after the date the amount would
29 have been paid or credited to the obligor creates a
30 presumption that the payor knowingly failed to pay over the
31 amounts. This penalty may be collected in a civil action
32 which may be brought against the payor in favor of the
33 obligee or public office. A finding of a payor's
34 nonperformance within the time required under this Section
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1 must be documented by a certified mail return receipt showing
2 the date the income order for withholding notice was served
3 on the payor. For purposes of this Section, a withheld amount
4 shall be considered paid by a payor on the date it is mailed
5 by the payor, or on the date an electronic funds transfer of
6 the amount has been initiated by the payor, or on the date
7 delivery of the amount has been initiated by the payor. For
8 each deduction, the payor shall provide the obligee or public
9 office, at the time of transmittal, with the date the amount
10 would (but for the duty to withhold income) have been paid or
11 credited to the obligor.
12 Upon receipt of an income withholding notice requiring
13 that a minor child be named as a beneficiary of a health
14 insurance plan available through an employer or labor union
15 or trade union, the employer or labor union or trade union
16 shall immediately enroll the minor child as a beneficiary in
17 the health insurance plan designated by the income
18 withholding notice. The employer shall withhold any required
19 premiums and pay over any amounts so withheld and any
20 additional amounts the employer pays to the insurance carrier
21 in a timely manner. The employer or labor union or trade
22 union shall mail to the obligee, within 15 days of enrollment
23 or upon request, notice of the date of coverage, information
24 on the dependent coverage plan, and all forms necessary to
25 obtain reimbursement for covered health expenses, such as
26 would be made available to a new employee. When an order for
27 dependent coverage is in effect and the insurance coverage is
28 terminated or changed for any reason, the employer or labor
29 union or trade union shall notify the obligee within 10 days
30 of the termination or change date along with notice of
31 conversion privileges.
32 For withholding of income, the payor shall be entitled to
33 receive a fee not to exceed $5 per month to be taken from the
34 income to be paid to the obligor.
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1 (2) Whenever the obligor is no longer receiving income
2 from the payor, the payor shall return a copy of the income
3 withholding notice to the obligee or public office and shall
4 provide information for the purpose of enforcing this
5 Section.
6 (3) Withholding of income under this Section shall be
7 made without regard to any prior or subsequent garnishments,
8 attachments, wage assignments, or any other claims of
9 creditors. Withholding of income under this Section shall
10 not be in excess of the maximum amounts permitted under the
11 federal Consumer Credit Protection Act. If the payor has been
12 served with more than one income withholding notice
13 pertaining to the same obligor, the payor shall allocate
14 income available for withholding on a proportionate share
15 basis, giving priority to current support payments. If there
16 is any income available for withholding after withholding for
17 all current support obligations, the payor shall allocate the
18 income to past due support payments ordered in cases in which
19 cash assistance under the Illinois Public Aid Code is not
20 being provided to the obligee and then to past due support
21 payments ordered in cases in which cash assistance under the
22 Illinois Public Aid Code is being provided to the obligee,
23 both on a proportionate share basis. A payor who complies
24 with an income withholding notice that is regular on its face
25 shall not be subject to civil liability with respect to any
26 individual, any agency, or any creditor of the obligor for
27 conduct in compliance with the notice.
28 (4) No payor shall discharge, discipline, refuse to hire
29 or otherwise penalize any obligor because of the duty to
30 withhold income.
31 (F) Petitions to Contest Withholding or to Modify, Suspend,
32 Terminate, or Correct Income Withholding Notices.
33 (1) When an obligor files a petition to contest
34 withholding, the court, after due notice to all parties,
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1 shall hear the matter as soon as practicable and shall enter
2 an order granting or denying relief, ordering service of an
3 amended income withholding notice, where applicable, or
4 otherwise resolving the matter.
5 The court shall deny the obligor's petition if the court
6 finds that when the income withholding notice was mailed,
7 sent by facsimile transmission or other electronic means, or
8 placed for personal delivery to or service on the payor:
9 (a) A delinquency existed; or
10 (b) The parties' written agreement providing an
11 alternative arrangement to immediate withholding under
12 paragraph (1) of subsection (B) no longer ensured payment
13 of support.
14 (2) At any time, an obligor, obligee, public office or
15 Clerk of the Circuit Court may petition the court to:
16 (a) Modify, suspend or terminate the income
17 withholding notice because of a modification, suspension
18 or termination of the underlying order for support; or
19 (b) Modify the amount of income to be withheld to
20 reflect payment in full or in part of the delinquency or
21 arrearage by income withholding or otherwise; or
22 (c) Suspend the income withholding notice because
23 of inability to deliver income withheld to the obligee
24 due to the obligee's failure to provide a mailing address
25 or other means of delivery.
26 (3) At any time an obligor may petition the court to
27 correct a term contained in an income withholding notice to
28 conform to that stated in the underlying order for support
29 for:
30 (a) The amount of current support;
31 (b) The amount of the arrearage;
32 (c) The periodic amount for payment of the
33 arrearage; or
34 (d) The periodic amount for payment of the
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1 delinquency.
2 (4) The obligor, obligee or public office shall serve on
3 the payor, in the manner provided for service of income
4 withholding notices in paragraph (7) of subsection (B), a
5 copy of any order entered pursuant to this subsection that
6 affects the duties of the payor.
7 (5) At any time, a public office or Clerk of the Circuit
8 Court may serve a notice on the payor to:
9 (a) Cease withholding of income for payment of
10 current support for a child when the support obligation
11 for that child has automatically ceased under the order
12 for support through emancipation or otherwise; or
13 (b) Cease withholding of income for payment of
14 delinquency or arrearage when the delinquency or
15 arrearage has been paid in full.
16 (6) The notice provided for under paragraph (5) of this
17 subsection shall be served on the payor in the manner
18 provided for service of income withholding notices in
19 paragraph (7) of subsection (B), and a copy shall be provided
20 to the obligor and the obligee.
21 (7) The income withholding notice shall continue to be
22 binding upon the payor until service of an amended income
23 withholding notice or any order of the court or notice
24 entered or provided for under this subsection.
25 (G) Additional Duties.
26 (1) An obligee who is receiving income withholding
27 payments under this Section shall notify the payor, if the
28 obligee receives the payments directly from the payor, or the
29 public office or the Clerk of the Circuit Court, as
30 appropriate, of any change of address within 7 days of such
31 change.
32 (2) An obligee who is a recipient of public aid shall
33 send a copy of any notice served by the obligee to the
34 Division of Child Support Enforcement of the Illinois
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1 Department of Public Aid.
2 (3) Each obligor shall notify the obligee, the public
3 office, and the Clerk of the Circuit Court of any change of
4 address within 7 days.
5 (4) An obligor whose income is being withheld or who has
6 been served with a notice of delinquency pursuant to this
7 Section shall notify the obligee, the public office, and the
8 Clerk of the Circuit Court of any new payor, within 7 days.
9 (5) When the Illinois Department of Public Aid is no
10 longer authorized to receive payments for the obligee, it
11 shall, within 7 days, notify the payor or, where appropriate,
12 the Clerk of the Circuit Court, to redirect income
13 withholding payments to the obligee.
14 (6) The obligee or public office shall provide notice to
15 the payor and Clerk of the Circuit Court of any other support
16 payment made, including but not limited to, a set-off under
17 federal and State law or partial payment of the delinquency
18 or arrearage, or both.
19 (7) Any public office and Clerk of the Circuit Court
20 which collects, disburses or receives payments pursuant to
21 income withholding notices shall maintain complete, accurate,
22 and clear records of all payments and their disbursements.
23 Certified copies of payment records maintained by a public
24 office or Clerk of the Circuit Court shall, without further
25 proof, be admitted into evidence in any legal proceedings
26 under this Section.
27 (8) The Illinois Department of Public Aid shall design
28 suggested legal forms for proceeding under this Section and
29 shall make available to the courts such forms and
30 informational materials which describe the procedures and
31 remedies set forth herein for distribution to all parties in
32 support actions.
33 (9) At the time of transmitting each support payment,
34 the clerk of the circuit court shall provide the obligee or
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1 public office, as appropriate, with any information furnished
2 by the payor as to the date the amount would (but for the
3 duty to withhold income) have been paid or credited to the
4 obligor.
5 (H) Penalties.
6 (1) Where a payor wilfully fails to withhold or pay over
7 income pursuant to a properly served income withholding
8 notice, or wilfully discharges, disciplines, refuses to hire
9 or otherwise penalizes an obligor as prohibited by subsection
10 (E), or otherwise fails to comply with any duties imposed by
11 this Section, the obligee, public office or obligor, as
12 appropriate, may file a complaint with the court against the
13 payor. The clerk of the circuit court shall notify the
14 obligee or public office, as appropriate, and the obligor and
15 payor of the time and place of the hearing on the complaint.
16 The court shall resolve any factual dispute including, but
17 not limited to, a denial that the payor is paying or has paid
18 income to the obligor. Upon a finding in favor of the
19 complaining party, the court:
20 (a) Shall enter judgment and direct the enforcement
21 thereof for the total amount that the payor wilfully
22 failed to withhold or pay over; and
23 (b) May order employment or reinstatement of or
24 restitution to the obligor, or both, where the obligor
25 has been discharged, disciplined, denied employment or
26 otherwise penalized by the payor and may impose a fine
27 upon the payor not to exceed $200.
28 (2) Any obligee, public office or obligor who wilfully
29 initiates a false proceeding under this Section or who
30 wilfully fails to comply with the requirements of this
31 Section shall be punished as in cases of contempt of court.
32 (I) Alternative Procedures for Service of an Income
33 Withholding Notice.
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1 (1) The procedures of this subsection may be used in any
2 matter to serve an income withholding notice on a payor if:
3 (a) For any reason the most recent order for
4 support entered does not contain the income withholding
5 provisions required under subsection (B), irrespective of
6 whether a separate order for withholding was entered
7 prior to July 1, 1997; and
8 (b) The obligor has accrued a delinquency after
9 entry of the most recent order for support.
10 (2) The obligee or public office shall prepare and serve
11 the income withholding notice in accordance with the
12 provisions of subsection (C), except that the notice shall
13 contain a periodic amount for payment of the delinquency
14 equal to 20% of the total of the current support amount and
15 the amount to be paid periodically for payment of any
16 arrearage stated in the most recent order for support.
17 (3) If the obligor requests in writing that income
18 withholding become effective prior to the obligor accruing a
19 delinquency under the most recent order for support, the
20 obligee or public office may prepare and serve an income
21 withholding notice on the payor as provided in subsection
22 (B). In addition to filing proofs of service of the income
23 withholding notice on the payor and the obligor, the obligee
24 or public office shall file a copy of the obligor's written
25 request for income withholding with the Clerk of the Circuit
26 Court.
27 (4) All other provisions of this Section shall be
28 applicable with respect to the provisions of this subsection
29 (I).
30 (J) Remedies in Addition to Other Laws.
31 (1) The rights, remedies, duties and penalties created
32 by this Section are in addition to and not in substitution
33 for any other rights, remedies, duties and penalties created
34 by any other law.
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1 (2) Nothing in this Section shall be construed as
2 invalidating any assignment of wages or benefits executed
3 prior to January 1, 1984 or any order for withholding served
4 prior to July 1, 1997.
5 (Source: P.A. 89-507, eff. 7-1-97; 90-18, eff. 7-1-97;
6 90-425, eff. 8-15-97; revised 9-29-97.)
7 Section 15. The Non-Support of Spouse and Children Act
8 is amended by changing Sections 2.1 and 4.1 as follows:
9 (750 ILCS 15/2.1) (from Ch. 40, par. 1105)
10 Sec. 2.1. Support payments; receiving and disbursing
11 agents.
12 (1) In actions instituted under this Act on and after
13 August 14, 1961, involving a minor child or children, the
14 Court, except in actions instituted on or after August 26,
15 1969, in which the support payments are in behalf of a
16 recipient of aid under the Illinois Public Aid Code, shall
17 direct that moneys ordered to be paid for support under
18 Sections 3 and 4 of this Act shall be paid to the clerk of
19 the court in counties of less than 3 million population, and
20 in counties of 3 million or more population, to the clerk or
21 probation officer of the court or to the Court Service
22 Division of the County Department of Public Aid. After the
23 effective date of this amendatory Act of 1975, the court
24 shall direct that such support moneys be paid to the clerk or
25 probation officer or the Illinois Department of Public Aid.
26 However, the court in its discretion may direct otherwise
27 where exceptional circumstances so warrant. If payment is to
28 be made to persons other than the clerk or probation officer,
29 the Court Service Division of the County Department of Public
30 Aid, or the Illinois Department of Public Aid, the judgment
31 or order of support shall set forth the facts of the
32 exceptional circumstances.
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1 (2) In actions instituted after August 26, 1969, where
2 the support payments are in behalf of spouses, children, or
3 both, who are recipients of aid under the Illinois Public Aid
4 Code, the court shall order the payments to be made directly
5 to (1) the Illinois Department of Public Aid if the person is
6 a recipient under Articles III, IV or V of the Code, or (2)
7 to the local governmental unit responsible for the support of
8 the person if he or she is a recipient under Articles VI or
9 VII of the Code. In accordance with federal law and
10 regulations, the Illinois Department of Public Aid may
11 continue to collect current maintenance payments or child
12 support payments, or both, after those persons cease to
13 receive public assistance and until termination of services
14 under Article X of the Illinois Public Aid Code. The
15 Illinois Department of Public Aid shall pay the net amount
16 collected to those persons after deducting any costs incurred
17 in making the collection or any collection fee from the
18 amount of any recovery made. The order shall permit the
19 Illinois Department of Public Aid or the local governmental
20 unit, as the case may be, to direct that support payments be
21 made directly to the spouse, children, or both, or to some
22 person or agency in their behalf, upon removal of the spouse
23 or children from the public aid rolls or upon termination of
24 services under Article X of the Illinois Public Aid Code; and
25 upon such direction, the Illinois Department or the local
26 governmental unit, as the case requires, shall give notice of
27 such action to the court in writing or by electronic
28 transmission.
29 (3) The clerks, probation officers, and the Court
30 Service Division of the County Department of Public Aid in
31 counties of 3 million or more population, and, after the
32 effective date of this amendatory Act of 1975, the clerks,
33 probation officers, and the Illinois Department of Public
34 Aid, shall disburse moneys paid to them to the person or
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1 persons entitled thereto under the order of the Court. They
2 shall establish and maintain current records of all moneys
3 received and disbursed and of delinquencies and defaults in
4 required payments. The Court, by order or rule, shall make
5 provision for the carrying out of these duties.
6 In cases in which a party is receiving child and spouse
7 support services under Article X of the Illinois Public Aid
8 Code and the order for support provides that child support
9 payments be made to the obligee, the Illinois Department of
10 Public Aid may provide notice to the obligor and the
11 obligor's payor, when income withholding is in effect under
12 Section 4.1 of this Act, to make all payments after receipt
13 of the Department's notice to the clerk of the court until
14 further notice by the Department or order of the court.
15 Copies of the notice shall be provided to the obligee and the
16 clerk. The clerk's copy shall contain a proof of service on
17 the obligor and the obligor's payor, where applicable. The
18 clerk shall file the clerk's copy of the notice in the court
19 file. The notice to the obligor and the payor, if applicable,
20 may be sent by ordinary mail, certified mail, return receipt
21 requested, facsimile transmission, or other electronic
22 process, or may be served upon the obligor or payor using any
23 method provided by law for service of a summons. An obligor
24 who fails to comply with a notice provided under this
25 paragraph is guilty of a Class B misdemeanor. A payor who
26 fails to comply with a notice provided under this paragraph
27 is guilty of a business offense and subject to a fine of up
28 to $1,000.
29 Upon notification in writing or by electronic
30 transmission from the Illinois Department of Public Aid to
31 the clerk of the court that a person who is receiving support
32 payments under this Section is receiving services under the
33 Child Support Enforcement Program established by Title IV-D
34 of the Social Security Act, any support payments subsequently
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1 received by the clerk of the court shall be transmitted in
2 accordance with the instructions of the Illinois Department
3 of Public Aid until the Department gives notice to cease the
4 transmittal. After providing the notification authorized
5 under this paragraph, the Illinois Department of Public Aid
6 shall be entitled as a party to notice of any further
7 proceedings in the case. The clerk of the court shall file a
8 copy of the Illinois Department of Public Aid's notification
9 in the court file. The failure of the clerk to file a copy
10 of the notification in the court file shall not, however,
11 affect the Illinois Department of Public Aid's right to
12 receive notice of further proceedings.
13 (4) Payments under this Section to the Illinois
14 Department of Public Aid pursuant to the Child Support
15 Enforcement Program established by Title IV-D of the Social
16 Security Act shall be paid into the Child Support Enforcement
17 Trust Fund. All other payments under this Section to the
18 Illinois Department of Public Aid shall be deposited in the
19 Public Assistance Recoveries Trust Fund. Disbursements from
20 these funds shall be as provided in the Illinois Public Aid
21 Code. Payments received by a local governmental unit shall be
22 deposited in that unit's General Assistance Fund.
23 (5) Orders and assignments entered or executed prior to
24 the Act approved August 14, 1961 shall not be affected
25 thereby. Employers served with wage assignments executed
26 prior to that date shall comply with the terms thereof.
27 However, the Court, on petition of the state's attorney, or
28 of the Illinois Department of Public Aid or local
29 governmental unit in respect to recipients of public aid, may
30 order the execution of new assignments and enter new orders
31 designating the clerk, probation officer, or the Illinois
32 Department of Public Aid or appropriate local governmental
33 unit in respect to payments in behalf of recipients of public
34 aid, as the person or agency authorized to receive and
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1 disburse the salary or wages assigned. On like petition the
2 Court may enter new orders designating such officers,
3 agencies or governmental units to receive and disburse the
4 payments ordered under Section 4.
5 (6) For those cases in which child support is payable to
6 the clerk of the circuit court for transmittal to the
7 Illinois Department of Public Aid by order of court or upon
8 notification by the Illinois Department of Public Aid, the
9 clerk shall transmit all such payments, within 4 working days
10 of receipt, to insure that funds are available for immediate
11 distribution by the Department to the person or entity
12 entitled thereto in accordance with standards of the Child
13 Support Enforcement Program established under Title IV-D of
14 the Social Security Act. The clerk shall notify the
15 Department of the date of receipt and amount thereof at the
16 time of transmittal. Where the clerk has entered into an
17 agreement of cooperation with the Department to record the
18 terms of child support orders and payments made thereunder
19 directly into the Department's automated data processing
20 system, the clerk shall account for, transmit and otherwise
21 distribute child support payments in accordance with such
22 agreement in lieu of the requirements contained herein.
23 (Source: P.A. 90-18, eff. 7-1-97.)
24 (750 ILCS 15/4.1) (from Ch. 40, par. 1107.1)
25 Sec. 4.1. Withholding of Income to Secure Payment of
26 Support.
27 (A) Definitions.
28 (1) "Order for support" means any order of the court
29 which provides for periodic payment of funds for the support
30 of a child or maintenance of a spouse, whether temporary or
31 final, and includes any such order which provides for:
32 (a) Modification or resumption of, or payment of
33 arrearage accrued under, a previously existing order;
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1 (b) Reimbursement of support; or
2 (c) Enrollment in a health insurance plan that is
3 available to the obligor through an employer or labor
4 union or trade union.
5 (2) "Arrearage" means the total amount of unpaid support
6 obligations as determined by the court and incorporated into
7 an order for support.
8 (2.5) "Business day" means a day on which State offices
9 are open for regular business.
10 (3) "Delinquency" means any payment under an order for
11 support which becomes due and remains unpaid after entry of
12 the order for support.
13 (4) "Income" means any form of periodic payment to an
14 individual, regardless of source, including, but not limited
15 to: wages, salary, commission, compensation as an independent
16 contractor, workers' compensation, disability, annuity,
17 pension, and retirement benefits, lottery prize awards,
18 insurance proceeds, vacation pay, bonuses, profit-sharing
19 payments, interest, and any other payments, made by any
20 person, private entity, federal or state government, any unit
21 of local government, school district or any entity created by
22 Public Act; however, "income" excludes:
23 (a) Any amounts required by law to be withheld,
24 other than creditor claims, including, but not limited
25 to, federal, State and local taxes, Social Security and
26 other retirement and disability contributions;
27 (b) Union dues;
28 (c) Any amounts exempted by the federal Consumer
29 Credit Protection Act;
30 (d) Public assistance payments; and
31 (e) Unemployment insurance benefits except as
32 provided by law.
33 Any other State or local laws which limit or exempt
34 income or the amount or percentage of income that can be
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1 withheld shall not apply.
2 (5) "Obligor" means the individual who owes a duty to
3 make payments under an order for support.
4 (6) "Obligee" means the individual to whom a duty of
5 support is owed or the individual's legal representative.
6 (7) "Payor" means any payor of income to an obligor.
7 (8) "Public office" means any elected official or any
8 State or local agency which is or may become responsible by
9 law for enforcement of, or which is or may become authorized
10 to enforce, an order for support, including, but not limited
11 to: the Attorney General, the Illinois Department of Public
12 Aid, the Illinois Department of Human Services, the Illinois
13 Department of Children and Family Services, and the various
14 State's Attorneys, Clerks of the Circuit Court and
15 supervisors of general assistance.
16 (9) "Premium" means the dollar amount for which the
17 obligor is liable to his employer or labor union or trade
18 union and which must be paid to enroll or maintain a child in
19 a health insurance plan that is available to the obligor
20 through an employer or labor union or trade union.
21 (B) Entry of Order for Support Containing Income Withholding
22 Provisions; Income Withholding Notice.
23 (1) In addition to any content required under other
24 laws, every order for support entered on or after July 1,
25 1997, shall:
26 (a) Require an income withholding notice to be
27 prepared and served immediately upon any payor of the
28 obligor by the obligee or public office, unless a written
29 agreement is reached between and signed by both parties
30 providing for an alternative arrangement, approved and
31 entered into the record by the court, which ensures
32 payment of support. In that case, the order for support
33 shall provide that an income withholding notice is to be
34 prepared and served only if the obligor becomes
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1 delinquent in paying the order for support; and
2 (b) Contain a dollar amount to be paid until
3 payment in full of any delinquency that accrues after
4 entry of the order for support. The amount for payment
5 of delinquency shall not be less than 20% of the total of
6 the current support amount and the amount to be paid
7 periodically for payment of any arrearage stated in the
8 order for support; and
9 (c) Include the obligor's Social Security Number,
10 which the obligor shall disclose to the court. If the
11 obligor is not a United States citizen, the obligor shall
12 disclose to the court, and the court shall include in the
13 order for support, the obligor's alien registration
14 number, passport number, and home country's social
15 security or national health number, if applicable.
16 (2) At the time the order for support is entered, the
17 Clerk of the Circuit Court shall provide a copy of the order
18 to the obligor and shall make copies available to the obligee
19 and public office.
20 (3) The income withholding notice shall:
21 (a) Be in the standard format prescribed by the
22 federal Department of Health and Human Services; and
23 (a-5) State the date of entry of the order for
24 support upon which the income withholding notice is
25 based; and
26 (b) Direct any payor to withhold the dollar amount
27 required for current support under the order for support;
28 and
29 (c) Direct any payor to withhold the dollar amount
30 required to be paid periodically under the order for
31 support for payment of the amount of any arrearage stated
32 in the order for support; and
33 (d) Direct any payor or labor union or trade union
34 to enroll a child as a beneficiary of a health insurance
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1 plan and withhold or cause to be withheld, if applicable,
2 any required premiums; and
3 (e) State the amount of the payor income
4 withholding fee specified under this Section; and
5 (f) State that the amount actually withheld from
6 the obligor's income for support and other purposes,
7 including the payor withholding fee specified under this
8 Section, may not be in excess of the maximum amount
9 permitted under the federal Consumer Credit Protection
10 Act; and
11 (g) State the duties of the payor and the fines and
12 penalties for failure to withhold and pay over income and
13 for discharging, disciplining, refusing to hire, or
14 otherwise penalizing the obligor because of the duty to
15 withhold and pay over income under this Section; and
16 (h) State the rights, remedies, and duties of the
17 obligor under this Section; and
18 (i) Include the obligor's Social Security Number;
19 and
20 (j) Include the date that withholding for current
21 support terminates, which shall be the date of
22 termination of the current support obligation set forth
23 in the order for support; and.
24 (k) Contain the signature of the obligee or the
25 printed name and telephone number of the authorized
26 representative of the public office, except that the
27 failure to contain the signature of the obligee or the
28 printed name and telephone number of the authorized
29 representative of the public office shall not affect the
30 validity of the income withholding notice.
31 (4) The accrual of a delinquency as a condition for
32 service of an income withholding notice, under the exception
33 to immediate withholding in paragraph (1) of this subsection,
34 shall apply only to the initial service of an income
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1 withholding notice on a payor of the obligor.
2 (5) Notwithstanding the exception to immediate
3 withholding contained in paragraph (1) of this subsection, if
4 the court finds at the time of any hearing that an arrearage
5 has accrued, the court shall order immediate service of an
6 income withholding notice upon the payor.
7 (6) If the order for support, under the exception to
8 immediate withholding contained in paragraph (1) of this
9 subsection, provides that an income withholding notice is to
10 be prepared and served only if the obligor becomes delinquent
11 in paying the order for support, the obligor may execute a
12 written waiver of that condition and request immediate
13 service on the payor.
14 (7) The obligee or public office may serve the income
15 withholding notice on the payor or its superintendent,
16 manager, or other agent by ordinary mail or certified mail
17 return receipt requested, by facsimile transmission or other
18 electronic means, by personal delivery, or by any method
19 provided by law for service of a summons. At the time of
20 service on the payor and as notice that withholding has
21 commenced, the obligee or public office shall serve a copy of
22 the income withholding notice on the obligor by ordinary mail
23 addressed to his or her last known address. A copy of the
24 income withholding notice together with proofs of service on
25 the payor and the obligor shall be filed with the Clerk of
26 the Circuit Court.
27 (8) At any time after the initial service of an income
28 withholding notice under this Section, any other payor of the
29 obligor may be served with the same income withholding notice
30 without further notice to the obligor. A copy of the income
31 withholding notice together with a proof of service on the
32 other payor shall be filed with the Clerk of the Circuit
33 Court.
34 (9) (4) New service of an income order for withholding
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1 notice is not required in order to resume withholding of
2 income in the case of an obligor with respect to whom an
3 income order for withholding notice was previously served on
4 the payor if withholding of income was terminated because of
5 an interruption in the obligor's employment of less than 180
6 days.
7 (C) Income Withholding After Accrual of Delinquency.
8 (1) Whenever an obligor accrues a delinquency, the
9 obligee or public office may prepare and serve upon the
10 obligor's payor an income withholding notice that:
11 (a) Contains the information required under
12 paragraph (3) of subsection (B); and
13 (b) Contains a computation of the period and total
14 amount of the delinquency as of the date of the notice;
15 and
16 (c) Directs the payor to withhold the dollar amount
17 required to be withheld periodically under the order for
18 support for payment of the delinquency.
19 (2) The income withholding notice and the obligor's copy
20 of the income withholding notice shall be served as provided
21 in paragraph (7) of subsection (B).
22 (3) The obligor may contest withholding commenced under
23 this subsection by filing a petition to contest withholding
24 with the Clerk of the Circuit Court within 20 days after
25 service of a copy of the income withholding notice on the
26 obligor. However, the grounds for the petition to contest
27 withholding shall be limited to:
28 (a) A dispute concerning the existence or amount of
29 the delinquency; or
30 (b) The identity of the obligor.
31 The Clerk of the Circuit Court shall notify the obligor
32 and the obligee or public office of the time and place of the
33 hearing on the petition to contest withholding. The court
34 shall hold the hearing pursuant to the provisions of
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1 subsection (F).
2 (D) Initiated Withholding.
3 (1) Notwithstanding any other provision of this Section,
4 if the court has not required that income withholding take
5 effect immediately, the obligee or public office may initiate
6 withholding, regardless of whether a delinquency has accrued,
7 by preparing and serving an income withholding notice on the
8 payor that contains the information required under paragraph
9 (3) of subsection (B) and states that the parties' written
10 agreement providing an alternative arrangement to immediate
11 withholding under paragraph (1) of subsection (B) no longer
12 ensures payment of support and the reason or reasons why it
13 does not.
14 (2) The income withholding notice and the obligor's copy
15 of the income withholding notice shall be served as provided
16 in paragraph (7) of subsection (B).
17 (3) The obligor may contest withholding commenced under
18 this subsection by filing a petition to contest withholding
19 with the Clerk of the Circuit Court within 20 days after
20 service of a copy of the income withholding notice on the
21 obligor. However, the grounds for the petition shall be
22 limited to a dispute concerning:
23 (a) whether the parties' written agreement
24 providing an alternative arrangement to immediate
25 withholding under paragraph (1) of subsection (B)
26 continues to ensure payment of support; or
27 (b) the identity of the obligor.
28 It shall not be grounds for filing a petition that the
29 obligor has made all payments due by the date of the
30 petition.
31 (4) If the obligor files a petition contesting
32 withholding within the 20-day period required under paragraph
33 (3), the Clerk of the Circuit Court shall notify the obligor
34 and the obligee or public office, as appropriate, of the time
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1 and place of the hearing on the petition. The court shall
2 hold the hearing pursuant to the provisions of subsection
3 (F). regular or facsimile regular or facsimile
4 (E) Duties of Payor.
5 (1) It shall be the duty of any payor who has been
6 served with an income withholding notice to deduct and pay
7 over income as provided in this subsection. The payor shall
8 deduct the amount designated in the income withholding
9 notice, as supplemented by any notice provided pursuant to
10 paragraph (6) of subsection (G), beginning no later than the
11 next payment of income which is payable or creditable to the
12 obligor that occurs 14 days following the date the income
13 withholding notice was mailed, sent by facsimile or other
14 electronic means, or placed for personal delivery to or
15 service on the payor. The payor may combine all amounts
16 withheld for the benefit of an obligee or public office into
17 a single payment and transmit the payment with a listing of
18 obligors from whom withholding has been effected. The payor
19 shall pay the amount withheld to the obligee or public office
20 within 7 business days after the date the amount would (but
21 for the duty to withhold income) have been paid or credited
22 to the obligor. If the payor knowingly fails to pay any
23 amount withheld to the obligee or public office within 7
24 business days after the date the amount would have been paid
25 or credited to the obligor, the payor shall pay a penalty of
26 $100 for each day that the withheld amount is not paid to the
27 obligee or public office after the period of 7 business days
28 has expired. The failure of a payor, on more than one
29 occasion, to pay amounts withheld to the obligee or public
30 office within 7 business days after the date the amount would
31 have been paid or credited to the obligor creates a
32 presumption that the payor knowingly failed to pay over the
33 amounts. This penalty may be collected in a civil action
34 which may be brought against the payor in favor of the
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1 obligee or public office. A finding of a payor's
2 nonperformance within the time required under this Section
3 must be documented by a certified mail return receipt showing
4 the date the income order for withholding notice was served
5 on the payor. For purposes of this Section, a withheld amount
6 shall be considered paid by a payor on the date it is mailed
7 by the payor, or on the date an electronic funds transfer of
8 the amount has been initiated by the payor, or on the date
9 delivery of the amount has been initiated by the payor. For
10 each deduction, the payor shall provide the obligee or public
11 office, at the time of transmittal, with the date the amount
12 would (but for the duty to withhold income) have been paid or
13 credited to the obligor.
14 Upon receipt of an income withholding notice requiring
15 that a minor child be named as a beneficiary of a health
16 insurance plan available through an employer or labor union
17 or trade union, the employer or labor union or trade union
18 shall immediately enroll the minor child as a beneficiary in
19 the health insurance plan designated by the income
20 withholding notice. The employer shall withhold any required
21 premiums and pay over any amounts so withheld and any
22 additional amounts the employer pays to the insurance carrier
23 in a timely manner. The employer or labor union or trade
24 union shall mail to the obligee, within 15 days of enrollment
25 or upon request, notice of the date of coverage, information
26 on the dependent coverage plan, and all forms necessary to
27 obtain reimbursement for covered health expenses, such as
28 would be made available to a new employee. When an order for
29 dependent coverage is in effect and the insurance coverage is
30 terminated or changed for any reason, the employer or labor
31 union or trade union shall notify the obligee within 10 days
32 of the termination or change date along with notice of
33 conversion privileges.
34 For withholding of income, the payor shall be entitled to
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1 receive a fee not to exceed $5 per month or the actual check
2 processing cost to be taken from the income to be paid to the
3 obligor.
4 (2) Whenever the obligor is no longer receiving income
5 from the payor, the payor shall return a copy of the income
6 withholding notice to the obligee or public office and shall
7 provide information for the purpose of enforcing this
8 Section.
9 (3) Withholding of income under this Section shall be
10 made without regard to any prior or subsequent garnishments,
11 attachments, wage assignments, or any other claims of
12 creditors. Withholding of income under this Section shall
13 not be in excess of the maximum amounts permitted under the
14 federal Consumer Credit Protection Act. If the payor has been
15 served with more than one income withholding notice
16 pertaining to the same obligor, the payor shall allocate
17 income available for withholding on a proportionate share
18 basis, giving priority to current support payments. If there
19 is any income available for withholding after withholding for
20 all current support obligations, the payor shall allocate the
21 income to past due support payments ordered in cases in which
22 cash assistance under the Illinois Public Aid Code is not
23 being provided to the obligee and then to past due support
24 payments ordered in cases in which cash assistance under the
25 Illinois Public Aid Code is being provided to the obligee,
26 both on a proportionate share basis. A payor who complies
27 with an income withholding notice that is regular on its face
28 shall not be subject to civil liability with respect to any
29 individual, any agency, or any creditor of the obligor for
30 conduct in compliance with the notice.
31 (4) No payor shall discharge, discipline, refuse to hire
32 or otherwise penalize any obligor because of the duty to
33 withhold income.
34 (F) Petitions to Contest Withholding or to Modify, Suspend,
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1 Terminate, or Correct Income Withholding Notices.
2 (1) When an obligor files a petition to contest
3 withholding, the court, after due notice to all parties,
4 shall hear the matter as soon as practicable and shall enter
5 an order granting or denying relief, ordering service of an
6 amended income withholding notice, where applicable, or
7 otherwise resolving the matter.
8 The court shall deny the obligor's petition if the court
9 finds that when the income withholding notice was mailed,
10 sent by facsimile transmission or other electronic means, or
11 placed for personal delivery to or service on the payor:
12 (a) A delinquency existed; or
13 (b) The parties' written agreement providing an
14 alternative arrangement to immediate withholding under
15 paragraph (1) of subsection (B) no longer ensured payment
16 of support.
17 (2) At any time, an obligor, obligee, public office or
18 Clerk of the Circuit Court may petition the court to:
19 (a) Modify, suspend or terminate the income
20 withholding notice because of a modification, suspension
21 or termination of the underlying order for support; or
22 (b) Modify the amount of income to be withheld to
23 reflect payment in full or in part of the delinquency or
24 arrearage by income withholding or otherwise; or
25 (c) Suspend the income withholding notice because
26 of inability to deliver income withheld to the obligee
27 due to the obligee's failure to provide a mailing address
28 or other means of delivery.
29 (3) At any time an obligor may petition the court to
30 correct a term contained in an income withholding notice to
31 conform to that stated in the underlying order for support
32 for:
33 (a) The amount of current support;
34 (b) The amount of the arrearage;
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1 (c) The periodic amount for payment of the
2 arrearage; or
3 (d) The periodic amount for payment of the
4 delinquency.
5 (4) The obligor, obligee or public office shall serve on
6 the payor, in the manner provided for service of income
7 withholding notices in paragraph (7) of subsection (B), a
8 copy of any order entered pursuant to this subsection that
9 affects the duties of the payor.
10 (5) At any time, a public office or Clerk of the Circuit
11 Court may serve a notice on the payor to:
12 (a) Cease withholding of income for payment of
13 current support for a child when the support obligation
14 for that child has automatically ceased under the order
15 for support through emancipation or otherwise; or
16 (b) Cease withholding of income for payment of
17 delinquency or arrearage when the delinquency or
18 arrearage has been paid in full.
19 (6) The notice provided for under paragraph (5) of this
20 subsection shall be served on the payor in the manner
21 provided for service of income withholding notices in
22 paragraph (7) of subsection (B), and a copy shall be provided
23 to the obligor and the obligee.
24 (7) The income withholding notice shall continue to be
25 binding upon the payor until service of an amended income
26 withholding notice or any order of the court or notice
27 entered or provided for under this subsection.
28 (G) Additional Duties.
29 (1) An obligee who is receiving income withholding
30 payments under this Section shall notify the payor, if the
31 obligee receives the payments directly from the payor, or the
32 public office or the Clerk of the Circuit Court, as
33 appropriate, of any change of address within 7 days of such
34 change.
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1 (2) An obligee who is a recipient of public aid shall
2 send a copy of any income withholding notice served by the
3 obligee to the Division of Child Support Enforcement of the
4 Illinois Department of Public Aid.
5 (3) Each obligor shall notify the obligee, the public
6 office, and the Clerk of the Circuit Court of any change of
7 address within 7 days.
8 (4) An obligor whose income is being withheld or who has
9 been served with a notice of delinquency pursuant to this
10 Section shall notify the obligee, the public office, and the
11 Clerk of the Circuit Court of any new payor, within 7 days.
12 (5) When the Illinois Department of Public Aid is no
13 longer authorized to receive payments for the obligee, it
14 shall, within 7 days, notify the payor or, where appropriate,
15 the Clerk of the Circuit Court, to redirect income
16 withholding payments to the obligee.
17 (6) The obligee or public office shall provide notice to
18 the payor and Clerk of the Circuit Court of any other support
19 payment made, including but not limited to, a set-off under
20 federal and State law or partial payment of the delinquency
21 or arrearage, or both.
22 (7) Any public office and Clerk of the Circuit Court
23 which collects, disburses or receives payments pursuant to
24 income withholding notices shall maintain complete, accurate,
25 and clear records of all payments and their disbursements.
26 Certified copies of payment records maintained by a public
27 office or Clerk of the Circuit Court shall, without further
28 proof, be admitted into evidence in any legal proceedings
29 under this Section.
30 (8) The Illinois Department of Public Aid shall design
31 suggested legal forms for proceeding under this Section and
32 shall make available to the courts such forms and
33 informational materials which describe the procedures and
34 remedies set forth herein for distribution to all parties in
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1 support actions.
2 (9) At the time of transmitting each support payment,
3 the clerk of the circuit court shall provide the obligee or
4 public office, as appropriate, with any information furnished
5 by the payor as to the date the amount would (but for the
6 duty to withhold income) have been paid or credited to the
7 obligor.
8 (H) Penalties.
9 (1) Where a payor wilfully fails to withhold or pay over
10 income pursuant to a properly served income withholding
11 notice, or wilfully discharges, disciplines, refuses to hire
12 or otherwise penalizes an obligor as prohibited by subsection
13 (E), or otherwise fails to comply with any duties imposed by
14 this Section, the obligee, public office or obligor, as
15 appropriate, may file a complaint with the court against the
16 payor. The clerk of the circuit court shall notify the
17 obligee or public office, as appropriate, and the obligor and
18 payor of the time and place of the hearing on the complaint.
19 The court shall resolve any factual dispute including, but
20 not limited to, a denial that the payor is paying or has paid
21 income to the obligor. Upon a finding in favor of the
22 complaining party, the court:
23 (a) Shall enter judgment and direct the enforcement
24 thereof for the total amount that the payor wilfully
25 failed to withhold or pay over; and
26 (b) May order employment or reinstatement of or
27 restitution to the obligor, or both, where the obligor
28 has been discharged, disciplined, denied employment or
29 otherwise penalized by the payor and may impose a fine
30 upon the payor not to exceed $200.
31 (2) Any obligee, public office or obligor who wilfully
32 initiates a false proceeding under this Section or who
33 wilfully fails to comply with the requirements of this
34 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 Section 20. The Illinois Parentage Act of 1984 is
10 amended by changing Sections 20 and 21 as follows:
11 (750 ILCS 45/20) (from Ch. 40, par. 2520)
12 Sec. 20. Withholding of Income to Secure Payment of
13 Support.
14 (A) Definitions.
15 (1) "Order for support" means any order of the court
16 which provides for periodic payment of funds for the support
17 of a child, whether temporary or final, and includes any such
18 order which provides for:
19 (a) modification or resumption of, or payment of
20 arrearage accrued under, a previously existing order;
21 (b) reimbursement of support;
22 (c) payment or reimbursement of the expense of
23 pregnancy and delivery; or
24 (d) enrollment in a health insurance plan that is
25 available to the obligor through an employer or labor
26 union or trade union.
27 (2) "Arrearage" means the total amount of unpaid support
28 obligations as determined by the court and incorporated into
29 an order for support.
30 (2.5) "Business day" means a day on which State offices
31 are open for regular business.
32 (3) "Delinquency" means any payment under an order for
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1 support which becomes due and remains unpaid after entry of
2 the order for support.
3 (4) "Income" means any form of periodic payment to an
4 individual, regardless of source, including, but not limited
5 to: wages, salary, commission, compensation as an independent
6 contractor, workers' compensation, disability, annuity,
7 pension, and retirement benefits, lottery prize awards,
8 insurance proceeds, vacation pay, bonuses, profit-sharing
9 payments, interest, and any other payments, made by any
10 person, private entity, federal or state government, any unit
11 of local government, school district or any entity created by
12 Public Act; however, "income" excludes:
13 (a) any amounts required by law to be withheld,
14 other than creditor claims, including, but not limited
15 to, federal, State and local taxes, Social Security and
16 other retirement and disability contributions;
17 (b) union dues;
18 (c) any amounts exempted by the federal Consumer
19 Credit Protection Act;
20 (d) public assistance payments; and
21 (e) unemployment insurance benefits except as
22 provided by law.
23 Any other State or local laws which limit or exempt
24 income or the amount or percentage of income that can be
25 withheld shall not apply.
26 (5) "Obligor" means the individual who owes a duty to
27 make payments under an order for support.
28 (6) "Obligee" means the individual to whom a duty of
29 support is owed or the individual's legal representative.
30 (7) "Payor" means any payor of income to an obligor.
31 (8) "Public office" means any elected official or any
32 State or local agency which is or may become responsible by
33 law for enforcement of, or which is or may become authorized
34 to enforce, an order for support, including, but not limited
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1 to: the Attorney General, the Illinois Department of Public
2 Aid, the Illinois Department of Human Services, the Illinois
3 Department of Children and Family Services, and the various
4 State's Attorneys, Clerks of the Circuit Court and
5 supervisors of general assistance.
6 (9) "Premium" means the dollar amount for which the
7 obligor is liable to his employer or labor union or trade
8 union and which must be paid to enroll or maintain a child in
9 a health insurance plan that is available to the obligor
10 through an employer or labor union or trade union.
11 (B) Entry of Order for Support Containing Income Withholding
12 Provisions; Income Withholding Notice.
13 (1) In addition to any content required under other
14 laws, every order for support entered on or after July 1,
15 1997, shall:
16 (a) Require an income withholding notice to be
17 prepared and served immediately upon any payor of the
18 obligor by the obligee or public office, unless a written
19 agreement is reached between and signed by both parties
20 providing for an alternative arrangement, approved and
21 entered into the record by the court, which ensures
22 payment of support. In that case, the order for support
23 shall provide that an income withholding notice is to be
24 prepared and served only if the obligor becomes
25 delinquent in paying the order for support; and
26 (b) Contain a dollar amount to be paid until
27 payment in full of any delinquency that accrues after
28 entry of the order for support. The amount for payment
29 of delinquency shall not be less than 20% of the total of
30 the current support amount and the amount to be paid
31 periodically for payment of any arrearage stated in the
32 order for support; and
33 (c) Include the obligor's Social Security Number,
34 which the obligor shall disclose to the court. If the
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1 obligor is not a United States citizen, the obligor shall
2 disclose to the court, and the court shall include in the
3 order for support, the obligor's alien registration
4 number, passport number, and home country's social
5 security or national health number, if applicable.
6 (2) At the time the order for support is entered, the
7 Clerk of the Circuit Court shall provide a copy of the order
8 to the obligor and shall make copies available to the obligee
9 and public office.
10 (3) The income withholding notice shall:
11 (a) Be in the standard format prescribed by the
12 federal Department of Health and Human Services; and
13 (a-5) State the date of entry of the order for
14 support upon which the income withholding notice is
15 based; and
16 (b) Direct any payor to withhold the dollar amount
17 required for current support under the order for support;
18 and
19 (c) Direct any payor to withhold the dollar amount
20 required to be paid periodically under the order for
21 support for payment of the amount of any arrearage stated
22 in the order for support; and
23 (d) Direct any payor or labor union or trade union
24 to enroll a child as a beneficiary of a health insurance
25 plan and withhold or cause to be withheld, if applicable,
26 any required premiums; and
27 (e) State the amount of the payor income
28 withholding fee specified under this Section; and
29 (f) State that the amount actually withheld from
30 the obligor's income for support and other purposes,
31 including the payor withholding fee specified under this
32 Section, may not be in excess of the maximum amount
33 permitted under the federal Consumer Credit Protection
34 Act; and
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1 (g) State the duties of the payor and the fines and
2 penalties for failure to withhold and pay over income and
3 for discharging, disciplining, refusing to hire, or
4 otherwise penalizing the obligor because of the duty to
5 withhold and pay over income under this Section; and
6 (h) State the rights, remedies, and duties of the
7 obligor under this Section; and
8 (i) Include the obligor's Social Security Number;
9 and
10 (j) Include the date that withholding for current
11 support terminates, which shall be the date of
12 termination of the current support obligation set forth
13 in the order for support; and.
14 (k) Contain the signature of the obligee or the
15 printed name and telephone number of the authorized
16 representative of the public office, except that the
17 failure to contain the signature of the obligee or the
18 printed name and telephone number of the authorized
19 representative of the public office shall not affect the
20 validity of the income withholding notice.
21 (4) The accrual of a delinquency as a condition for
22 service of an income withholding notice, under the exception
23 to immediate withholding in paragraph (1) of this subsection,
24 shall apply only to the initial service of an income
25 withholding notice on a payor of the obligor.
26 (5) Notwithstanding the exception to immediate
27 withholding contained in paragraph (1) of this subsection, if
28 the court finds at the time of any hearing that an arrearage
29 has accrued, the court shall order immediate service of an
30 income withholding notice upon the payor.
31 (6) If the order for support, under the exception to
32 immediate withholding contained in paragraph (1) of this
33 subsection, provides that an income withholding notice is to
34 be prepared and served only if the obligor becomes delinquent
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1 in paying the order for support, the obligor may execute a
2 written waiver of that condition and request immediate
3 service on the payor.
4 (7) The obligee or public office may serve the income
5 withholding notice on the payor or its superintendent,
6 manager, or other agent by ordinary mail or certified mail
7 return receipt requested, by facsimile transmission or other
8 electronic means, by personal delivery, or by any method
9 provided by law for service of a summons. At the time of
10 service on the payor and as notice that withholding has
11 commenced, the obligee or public office shall serve a copy of
12 the income withholding notice on the obligor by ordinary mail
13 addressed to his or her last known address. A copy of the
14 income withholding notice together with proofs of service on
15 the payor and the obligor shall be filed with the Clerk of
16 the Circuit Court.
17 (8) At any time after the initial service of an income
18 withholding notice under this Section, any other payor of the
19 obligor may be served with the same income withholding notice
20 without further notice to the obligor. A copy of the income
21 withholding notice together with a proof of service on the
22 other payor shall be filed with the Clerk of the Circuit
23 Court.
24 (9) (4) New service of an income order for withholding
25 notice is not required in order to resume withholding of
26 income in the case of an obligor with respect to whom an
27 income order for withholding notice was previously served on
28 the payor if withholding of income was terminated because of
29 an interruption in the obligor's employment of less than 180
30 days.
31 (C) Income Withholding After Accrual of Delinquency.
32 (1) Whenever an obligor accrues a delinquency, the
33 obligee or public office may prepare and serve upon the
34 obligor's payor an income withholding notice that:
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1 (a) Contains the information required under
2 paragraph (3) of subsection (B); and
3 (b) Contains a computation of the period and total
4 amount of the delinquency as of the date of the notice;
5 and
6 (c) Directs the payor to withhold the dollar amount
7 required to be withheld periodically under the order for
8 support for payment of the delinquency.
9 (2) The income withholding notice and the obligor's copy
10 of the income withholding notice shall be served as provided
11 in paragraph (7) of subsection (B).
12 (3) The obligor may contest withholding commenced under
13 this subsection by filing a petition to contest withholding
14 with the Clerk of the Circuit Court within 20 days after
15 service of a copy of the income withholding notice on the
16 obligor. However, the grounds for the petition to contest
17 withholding shall be limited to:
18 (a) A dispute concerning the existence or amount of
19 the delinquency; or
20 (b) The identity of the obligor.
21 The Clerk of the Circuit Court shall notify the obligor
22 and the obligee or public office of the time and place of the
23 hearing on the petition to contest withholding. The court
24 shall hold the hearing pursuant to the provisions of
25 subsection (F).
26 (D) Initiated Withholding.
27 (1) Notwithstanding any other provision of this Section,
28 if the court has not required that income withholding take
29 effect immediately, the obligee or public office may initiate
30 withholding, regardless of whether a delinquency has accrued,
31 by preparing and serving an income withholding notice on the
32 payor that contains the information required under paragraph
33 (3) of subsection (B) and states that the parties' written
34 agreement providing an alternative arrangement to immediate
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1 withholding under paragraph (1) of subsection (B) no longer
2 ensures payment of support and the reason or reasons why it
3 does not.
4 (2) The income withholding notice and the obligor's copy
5 of the income withholding notice shall be served as provided
6 in paragraph (7) of subsection (B).
7 (3) The obligor may contest withholding commenced under
8 this subsection by filing a petition to contest withholding
9 with the Clerk of the Circuit Court within 20 days after
10 service of a copy of the income withholding notice on the
11 obligor. However, the grounds for the petition shall be
12 limited to a dispute concerning:
13 (a) whether the parties' written agreement
14 providing an alternative arrangement to immediate
15 withholding under paragraph (1) of subsection (B)
16 continues to ensure payment of support; or
17 (b) the identity of the obligor.
18 It shall not be grounds for filing a petition that the
19 obligor has made all payments due by the date of the
20 petition.
21 (4) If the obligor files a petition contesting
22 withholding within the 20-day period required under paragraph
23 (3), the Clerk of the Circuit Court shall notify the obligor
24 and the obligee or public office, as appropriate, of the time
25 and place of the hearing on the petition. The court shall
26 hold the hearing pursuant to the provisions of subsection
27 (F). regular or facsimile regular or facsimile
28 (E) Duties of Payor.
29 (1) It shall be the duty of any payor who has been
30 served with an income withholding notice to deduct and pay
31 over income as provided in this subsection. The payor shall
32 deduct the amount designated in the income withholding
33 notice, as supplemented by any notice provided pursuant to
34 paragraph (6) of subsection (G), beginning no later than the
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1 next payment of income which is payable or creditable to the
2 obligor that occurs 14 days following the date the income
3 withholding notice was mailed, sent by facsimile or other
4 electronic means, or placed for personal delivery to or
5 service on the payor. The payor may combine all amounts
6 withheld for the benefit of an obligee or public office into
7 a single payment and transmit the payment with a listing of
8 obligors from whom withholding has been effected. The payor
9 shall pay the amount withheld to the obligee or public office
10 within 7 business days after the date the amount would (but
11 for the duty to withhold income) have been paid or credited
12 to the obligor. If the payor knowingly fails to pay any
13 amount withheld to the obligee or public office within 7
14 business days after the date the amount would have been paid
15 or credited to the obligor, the payor shall pay a penalty of
16 $100 for each day that the withheld amount is not paid to the
17 obligee or public office after the period of 7 business days
18 has expired. The failure of a payor, on more than one
19 occasion, to pay amounts withheld to the obligee or public
20 office within 7 business days after the date the amount would
21 have been paid or credited to the obligor creates a
22 presumption that the payor knowingly failed to pay over the
23 amounts. This penalty may be collected in a civil action
24 which may be brought against the payor in favor of the
25 obligee or public office. A finding of a payor's
26 nonperformance within the time required under this Section
27 must be documented by a certified mail return receipt showing
28 the date the income order for withholding notice was served
29 on the payor. For purposes of this Section, a withheld amount
30 shall be considered paid by a payor on the date it is mailed
31 by the payor, or on the date an electronic funds transfer of
32 the amount has been initiated by the payor, or on the date
33 delivery of the amount has been initiated by the payor. For
34 each deduction, the payor shall provide the obligee or public
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1 office, at the time of transmittal, with the date the amount
2 would (but for the duty to withhold income) have been paid or
3 credited to the obligor.
4 Upon receipt of an income withholding notice requiring
5 that a minor child be named as a beneficiary of a health
6 insurance plan available through an employer or labor union
7 or trade union, the employer or labor union or trade union
8 shall immediately enroll the minor child as a beneficiary in
9 the health insurance plan designated by the income
10 withholding notice. The employer shall withhold any required
11 premiums and pay over any amounts so withheld and any
12 additional amounts the employer pays to the insurance carrier
13 in a timely manner. The employer or labor union or trade
14 union shall mail to the obligee, within 15 days of enrollment
15 or upon request, notice of the date of coverage, information
16 on the dependent coverage plan, and all forms necessary to
17 obtain reimbursement for covered health expenses, such as
18 would be made available to a new employee. When an order for
19 dependent coverage is in effect and the insurance coverage is
20 terminated or changed for any reason, the employer or labor
21 union or trade union shall notify the obligee within 10 days
22 of the termination or change date along with notice of
23 conversion privileges.
24 For withholding of income, the payor shall be entitled to
25 receive a fee not to exceed $5 per month to be taken from the
26 income to be paid to the obligor.
27 (2) Whenever the obligor is no longer receiving income
28 from the payor, the payor shall return a copy of the income
29 withholding notice to the obligee or public office and shall
30 provide information for the purpose of enforcing this
31 Section.
32 (3) Withholding of income under this Section shall be
33 made without regard to any prior or subsequent garnishments,
34 attachments, wage assignments, or any other claims of
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1 creditors. Withholding of income under this Section shall
2 not be in excess of the maximum amounts permitted under the
3 federal Consumer Credit Protection Act. If the payor has been
4 served with more than one income withholding notice
5 pertaining to the same obligor, the payor shall allocate
6 income available for withholding on a proportionate share
7 basis, giving priority to current support payments. If there
8 is any income available for withholding after withholding for
9 all current support obligations, the payor shall allocate the
10 income to past due support payments ordered in cases in which
11 cash assistance under the Illinois Public Aid Code is not
12 being provided to the obligee and then to past due support
13 payments ordered in cases in which cash assistance under the
14 Illinois Public Aid Code is being provided to the obligee,
15 both on a proportionate share basis. A payor who complies
16 with an income withholding notice that is regular on its face
17 shall not be subject to civil liability with respect to any
18 individual, any agency, or any creditor of the obligor for
19 conduct in compliance with the notice.
20 (4) No payor shall discharge, discipline, refuse to hire
21 or otherwise penalize any obligor because of the duty to
22 withhold income.
23 (F) Petitions to Contest Withholding or to Modify, Suspend,
24 Terminate, or Correct Income Withholding Notices.
25 (1) When an obligor files a petition to contest
26 withholding, the court, after due notice to all parties,
27 shall hear the matter as soon as practicable and shall enter
28 an order granting or denying relief, ordering service of an
29 amended income withholding notice, where applicable, or
30 otherwise resolving the matter.
31 The court shall deny the obligor's petition if the court
32 finds that when the income withholding notice was mailed,
33 sent by facsimile transmission or other electronic means, or
34 placed for personal delivery to or service on the payor:
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1 (a) A delinquency existed; or
2 (b) The parties' written agreement providing an
3 alternative arrangement to immediate withholding under
4 paragraph (1) of subsection (B) no longer ensured payment
5 of support.
6 (2) At any time, an obligor, obligee, public office or
7 Clerk of the Circuit Court may petition the court to:
8 (a) modify, suspend or terminate the income
9 withholding notice because of a modification, suspension
10 or termination of the underlying order for support; or
11 (b) modify the amount of income to be withheld to
12 reflect payment in full or in part of the delinquency or
13 arrearage by income withholding or otherwise; or
14 (c) suspend the income withholding notice because
15 of inability to deliver income withheld to the obligee
16 due to the obligee's failure to provide a mailing address
17 or other means of delivery.
18 (3) At any time an obligor may petition the court to
19 correct a term contained in an income withholding notice to
20 conform to that stated in the underlying order for support
21 for:
22 (a) The amount of current support;
23 (b) The amount of the arrearage;
24 (c) The periodic amount for payment of the
25 arrearage; or
26 (d) The periodic amount for payment of the
27 delinquency.
28 (4) The obligor, obligee or public office shall serve on
29 the payor, in the manner provided for service of income
30 withholding notices in paragraph (7) of subsection (B), a
31 copy of any order entered pursuant to this subsection that
32 affects the duties of the payor.
33 (5) At any time, a public office or Clerk of the Circuit
34 Court may serve a notice on the payor to:
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1 (a) Cease withholding of income for payment of
2 current support for a child when the support obligation
3 for that child has automatically ceased under the order
4 for support through emancipation or otherwise; or
5 (b) Cease withholding of income for payment of
6 delinquency or arrearage when the delinquency or
7 arrearage has been paid in full.
8 (6) The notice provided for under paragraph (5) of this
9 subsection shall be served on the payor in the manner
10 provided for service of income withholding notices in
11 paragraph (7) of subsection (B), and a copy shall be provided
12 to the obligor and the obligee.
13 (7) The income withholding notice shall continue to be
14 binding upon the payor until service of an amended income
15 withholding notice or any order of the court or notice
16 entered or provided for under this subsection.
17 (G) Additional Duties.
18 (1) An obligee who is receiving income withholding
19 payments under this Section shall notify the payor, if the
20 obligee receives the payments directly from the payor, or the
21 public office or the Clerk of the Circuit Court, as
22 appropriate, of any change of address within 7 days of such
23 change.
24 (2) An obligee who is a recipient of public aid shall
25 send a copy of any income withholding notice served by the
26 obligee to the Division of Child Support Enforcement of the
27 Illinois Department of Public Aid.
28 (3) Each obligor shall notify the obligee, the public
29 office, and the Clerk of the Circuit Court of any change of
30 address within 7 days.
31 (4) An obligor whose income is being withheld or who has
32 been served with a notice of delinquency pursuant to this
33 Section shall notify the obligee, the public office, and the
34 Clerk of the Circuit Court of any new payor, within 7 days.
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1 (5) When the Illinois Department of Public Aid is no
2 longer authorized to receive payments for the obligee, it
3 shall, within 7 days, notify the payor or, where appropriate,
4 the Clerk of the Circuit Court, to redirect income
5 withholding payments to the obligee.
6 (6) The obligee or public office shall provide notice to
7 the payor and Clerk of the Circuit Court of any other support
8 payment made, including but not limited to, a set-off under
9 federal and State law or partial payment of the delinquency
10 or arrearage, or both.
11 (7) Any public office and Clerk of the Circuit Court
12 which collects, disburses or receives payments pursuant to
13 income withholding notices shall maintain complete, accurate,
14 and clear records of all payments and their disbursements.
15 Certified copies of payment records maintained by a public
16 office or Clerk of the Circuit Court shall, without further
17 proof, be admitted into evidence in any legal proceedings
18 under this Section.
19 (8) The Illinois Department of Public Aid shall design
20 suggested legal forms for proceeding under this Section and
21 shall make available to the courts such forms and
22 informational materials which describe the procedures and
23 remedies set forth herein for distribution to all parties in
24 support actions.
25 (9) At the time of transmitting each support payment,
26 the clerk of the circuit court shall provide the obligee or
27 public office, as appropriate, with any information furnished
28 by the payor as to the date the amount would (but for the
29 duty to withhold income) have been paid or credited to the
30 obligor.
31 (H) Penalties.
32 (1) Where a payor wilfully fails to withhold or pay over
33 income pursuant to a properly served income withholding
34 notice, or wilfully discharges, disciplines, refuses to hire
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1 or otherwise penalizes an obligor as prohibited by subsection
2 (E), or otherwise fails to comply with any duties imposed by
3 this Section, the obligee, public office or obligor, as
4 appropriate, may file a complaint with the court against the
5 payor. The clerk of the circuit court shall notify the
6 obligee or public office, as appropriate, and the obligor and
7 payor of the time and place of the hearing on the complaint.
8 The court shall resolve any factual dispute including, but
9 not limited to, a denial that the payor is paying or has paid
10 income to the obligor. Upon a finding in favor of the
11 complaining party, the court:
12 (a) shall enter judgment and order the enforcement
13 thereof for the total amount that the payor wilfully
14 failed to withhold or pay over; and
15 (b) may order employment or reinstatement of or
16 restitution to the obligor, or both, where the obligor
17 has been discharged, disciplined, denied employment or
18 otherwise penalized by the payor and may impose a fine
19 upon the payor not to exceed $200.
20 (2) Any obligee, public office or obligor who wilfully
21 initiates a false proceeding under this Section or who
22 wilfully fails to comply with the requirements of this
23 Section shall be punished as in cases of contempt of court.
24 (I) Alternative Procedures for Service of an Income
25 Withholding Notice.
26 (1) The procedures of this subsection may be used in any
27 matter to serve an income withholding notice on a payor if:
28 (a) For any reason the most recent order for
29 support entered does not contain the income withholding
30 provisions required under subsection (B), irrespective of
31 whether a separate order for withholding was entered
32 prior to July 1, 1997; and
33 (b) The obligor has accrued a delinquency after
34 entry of the most recent order for support.
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1 (2) The obligee or public office shall prepare and serve
2 the income withholding notice in accordance with the
3 provisions of subsection (C), except that the notice shall
4 contain a periodic amount for payment of the delinquency
5 equal to 20% of the total of the current support amount and
6 the amount to be paid periodically for payment of any
7 arrearage stated in the most recent order for support.
8 (3) If the obligor requests in writing that income
9 withholding become effective prior to the obligor accruing a
10 delinquency under the most recent order for support, the
11 obligee or public office may prepare and serve an income
12 withholding notice on the payor as provided in subsection
13 (B). In addition to filing proofs of service of the income
14 withholding notice on the payor and the obligor, the obligee
15 or public office shall file a copy of the obligor's written
16 request for income withholding with the Clerk of the Circuit
17 Court.
18 (4) All other provisions of this Section shall be
19 applicable with respect to the provisions of this subsection
20 (I).
21 (J) Remedies in Addition to Other Laws.
22 (1) The rights, remedies, duties and penalties created
23 by this Section are in addition to and not in substitution
24 for any other rights, remedies, duties and penalties created
25 by any other law.
26 (2) Nothing in this Section shall be construed as
27 invalidating any assignment of wages or benefits executed
28 prior to July 1, 1985 or any order for withholding served
29 prior to July 1, 1997.
30 (Source: P.A. 89-507, eff. 7-1-97; 90-18, eff. 7-1-97;
31 90-425, eff. 8-15-97; revised 9-29-97.)
32 (750 ILCS 45/21) (from Ch. 40, par. 2521)
33 Sec. 21. Support payments; receiving and disbursing
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1 agents.
2 (1) In an action filed in counties of less than 3
3 million population in which an order for child support is
4 entered, and in supplementary proceedings in such counties to
5 enforce or vary the terms of such order arising out of an
6 action filed in such counties, the court, except in actions
7 or supplementary proceedings in which the pregnancy and
8 delivery expenses of the mother or the child support payments
9 are for a recipient of aid under the Illinois Public Aid
10 Code, shall direct that child support payments be made to the
11 clerk of the court unless in the discretion of the court
12 exceptional circumstances warrant otherwise. In cases where
13 payment is to be made to persons other than the clerk of the
14 court the judgment or order of support shall set forth the
15 facts of the exceptional circumstances.
16 (2) In an action filed in counties of 3 million or more
17 population in which an order for child support is entered,
18 and in supplementary proceedings in such counties to enforce
19 or vary the terms of such order arising out of an action
20 filed date in such counties, the court, except in actions or
21 supplementary proceedings in which the pregnancy and delivery
22 expenses of the mother or the child support payments are for
23 a recipient of aid under the Illinois Public Aid Code, shall
24 direct that child support payments be made either to the
25 clerk of the court or to the Court Service Division of the
26 County Department of Public Aid, or to the clerk of the court
27 or to the Illinois Department of Public Aid, unless in the
28 discretion of the court exceptional circumstances warrant
29 otherwise. In cases where payment is to be made to persons
30 other than the clerk of the court, the Court Service Division
31 of the County Department of Public Aid, or the Illinois
32 Department of Public Aid, the judgment or order of support
33 shall set forth the facts of the exceptional circumstances.
34 (3) Where the action or supplementary proceeding is in
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1 behalf of a mother for pregnancy and delivery expenses or for
2 child support, or both, and the mother, child, or both, are
3 recipients of aid under the Illinois Public Aid Code, the
4 court shall order that the payments be made directly to (a)
5 the Illinois Department of Public Aid if the mother or child,
6 or both, are recipients under Articles IV or V of the Code,
7 or (b) the local governmental unit responsible for the
8 support of the mother or child, or both, if they are
9 recipients under Articles VI or VII of the Code. In
10 accordance with federal law and regulations, the Illinois
11 Department of Public Aid may continue to collect current
12 maintenance payments or child support payments, or both,
13 after those persons cease to receive public assistance and
14 until termination of services under Article X of the Illinois
15 Public Aid Code. The Illinois Department of Public Aid shall
16 pay the net amount collected to those persons after deducting
17 any costs incurred in making the collection or any collection
18 fee from the amount of any recovery made. The Illinois
19 Department of Public Aid or the local governmental unit, as
20 the case may be, may direct that payments be made directly to
21 the mother of the child, or to some other person or agency in
22 the child's behalf, upon the removal of the mother and child
23 from the public aid rolls or upon termination of services
24 under Article X of the Illinois Public Aid Code; and upon
25 such direction, the Illinois Department or the local
26 governmental unit, as the case requires, shall give notice of
27 such action to the court in writing or by electronic
28 transmission.
29 (4) All clerks of the court and the Court Service
30 Division of a County Department of Public Aid and the
31 Illinois Department of Public Aid, receiving child support
32 payments under paragraphs (1) or (2) shall disburse the same
33 to the person or persons entitled thereto under the terms of
34 the order. They shall establish and maintain clear and
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1 current records of all moneys received and disbursed and of
2 defaults and delinquencies in required payments. The court,
3 by order or rule, shall make provision for the carrying out
4 of these duties.
5 In cases in which a party is receiving child and spouse
6 support services under Article X of the Illinois Public Aid
7 Code and the order for support provides that child support
8 payments be made to the obligee, the Illinois Department of
9 Public Aid may provide notice to the obligor and the
10 obligor's payor, when income withholding is in effect under
11 Section 20 of this Act, to make all payments after receipt of
12 the Department's notice to the clerk of the court until
13 further notice by the Department or order of the court.
14 Copies of the notice shall be provided to the obligee and the
15 clerk. The clerk's copy shall contain a proof of service on
16 the obligor and the obligor's payor, where applicable. The
17 clerk shall file the clerk's copy of the notice in the court
18 file. The notice to the obligor and the payor, if applicable,
19 may be sent by ordinary mail, certified mail, return receipt
20 requested, facsimile transmission, or other electronic
21 process, or may be served upon the obligor or payor using any
22 method provided by law for service of a summons. An obligor
23 who fails to comply with a notice provided under this
24 paragraph is guilty of a Class B misdemeanor. A payor who
25 fails to comply with a notice provided under this paragraph
26 is guilty of a business offense and subject to a fine of up
27 to $1,000.
28 Upon notification in writing or by electronic
29 transmission from the Illinois Department of Public Aid to
30 the clerk of the court that a person who is receiving support
31 payments under this Section is receiving services under the
32 Child Support Enforcement Program established by Title IV-D
33 of the Social Security Act, any support payments subsequently
34 received by the clerk of the court shall be transmitted in
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1 accordance with the instructions of the Illinois Department
2 of Public Aid until the Department gives notice to cease the
3 transmittal. After providing the notification authorized
4 under this paragraph, the Illinois Department of Public Aid
5 shall be entitled as a party to notice of any further
6 proceedings in the case. The clerk of the court shall file a
7 copy of the Illinois Department of Public Aid's notification
8 in the court file. The failure of the clerk to file a copy
9 of the notification in the court file shall not, however,
10 affect the Illinois Department of Public Aid's right to
11 receive notice of further proceedings.
12 Payments under this Section to the Illinois Department of
13 Public Aid pursuant to the Child Support Enforcement Program
14 established by Title IV-D of the Social Security Act shall be
15 paid into the Child Support Enforcement Trust Fund. All
16 other payments under this Section to the Illinois Department
17 of Public Aid shall be deposited in the Public Assistance
18 Recoveries Trust Fund. Disbursement from these funds shall
19 be as provided in the Illinois Public Aid Code. Payments
20 received by a local governmental unit shall be deposited in
21 that unit's General Assistance Fund.
22 (5) The moneys received by persons or agencies
23 designated by the court shall be disbursed by them in
24 accordance with the order. However, the court, on petition
25 of the state's attorney, may enter new orders designating the
26 clerk of the court or the Illinois Department of Public Aid,
27 as the person or agency authorized to receive and disburse
28 child support payments and, in the case of recipients of
29 public aid, the court, on petition of the Attorney General or
30 State's Attorney, shall direct subsequent payments to be paid
31 to the Illinois Department of Public Aid or to the
32 appropriate local governmental unit, as provided in paragraph
33 (3). Payments of child support by principals or sureties on
34 bonds, or proceeds of any sale for the enforcement of a
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1 judgment shall be made to the clerk of the court, the
2 Illinois Department of Public Aid or the appropriate local
3 governmental unit, as the respective provisions of this
4 Section require.
5 (6) For those cases in which child support is payable to
6 the clerk of the circuit court for transmittal to the
7 Illinois Department of Public Aid by order of court or upon
8 notification by the Illinois Department of Public Aid, the
9 clerk shall transmit all such payments, within 4 working days
10 of receipt, to insure that funds are available for immediate
11 distribution by the Department to the person or entity
12 entitled thereto in accordance with standards of the Child
13 Support Enforcement Program established under Title IV-D of
14 the Social Security Act. The clerk shall notify the
15 Department of the date of receipt and amount thereof at the
16 time of transmittal. Where the clerk has entered into an
17 agreement of cooperation with the Department to record the
18 terms of child support orders and payments made thereunder
19 directly into the Department's automated data processing
20 system, the clerk shall account for, transmit and otherwise
21 distribute child support payments in accordance with such
22 agreement in lieu of the requirements contained herein.
23 (Source: P.A. 90-18, eff. 7-1-97.)
24 Section 95. No acceleration or delay. Where this Act
25 makes changes in a statute that is represented in this Act by
26 text that is not yet or no longer in effect (for example, a
27 Section represented by multiple versions), the use of that
28 text does not accelerate or delay the taking effect of (i)
29 the changes made by this Act or (ii) provisions derived from
30 any other Public Act.
31 Section 99. Effective date. This Act takes effect upon
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1 becoming law.
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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