[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Enrolled ] | [ House Amendment 001 ] |
| [ House Amendment 002 ] | [ House Amendment 003 ] | [ Senate Amendment 001 ] |
| [ Senate Amendment 002 ] |
90_SB1700eng
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 Engrossed 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6 repealed.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 10-4, 10-10, 10-11, 10-12, 10-13, 10-13.6,
9 10-14, 10-16.2, 10-17.1, and 10-17.7 and by adding Sections
10 10-12.1 and 10-14.1 as follows:
11 (305 ILCS 5/10-4) (from Ch. 23, par. 10-4)
12 Sec. 10-4. Notification of Support Obligation. The
13 administrative enforcement unit within the authorized area of
14 its operation shall notify each responsible relative of an
15 applicant or recipient, or responsible relatives of other
16 persons given access to the support services of this Article,
17 of his legal obligation to support and shall request such
18 information concerning his financial status as may be
19 necessary to determine whether he is financially able to
20 provide such support, in whole or in part. In cases involving
21 a child born out of wedlock, the notification shall include a
22 statement that the responsible relative has been named as the
23 biological father of the child identified in the
24 notification.
25 In the case of applicants, the notification shall be sent
26 as soon as practical after the filing of the application. In
27 the case of recipients, the notice shall be sent at such time
28 as may be established by rule of the Illinois Department.
29 The notice shall be accompanied by the forms or
30 questionnaires provided in Section 10-5. It shall inform the
SB1700 Engrossed -2- LRB9009117DJcdA
1 relative that he may be liable for reimbursement of any
2 support furnished from public aid funds prior to
3 determination of the relative's financial circumstances, as
4 well as for future support. In the alternative, when support
5 is sought on behalf of applicants for or recipients of
6 financial aid under Article IV of this Code and other persons
7 who are given access to the child and spouse support services
8 of this Article as provided in Section 10-1, the notice shall
9 inform the relative that the relative may be required to pay
10 support for a period before the date an administrative
11 support order is entered, as well as future support.
12 Neither the mailing nor receipt of such notice shall be
13 deemed a jurisdictional requirement for the subsequent
14 exercise of the investigative procedures undertaken by an
15 administrative enforcement unit or the entry of any order or
16 determination of paternity or support or reimbursement by the
17 administrative enforcement unit; except that notice shall be
18 served by certified mail addressed to the responsible
19 relative at his or her last known address, return receipt
20 requested, or by a private person over 18 years of age and
21 not a party to the administrative proceeding, or by any
22 method provided by law for service of summons, in cases where
23 a determination of paternity or support by default is sought
24 on behalf of applicants for or recipients of financial aid
25 under Article IV of this Act and other persons who are given
26 access to the child and spouse support services of this
27 Article as provided in Section 10-1. If the notice is served
28 or sought to be served by a private person, the return shall
29 be by affidavit.
30 (Source: P.A. 88-687, eff. 1-24-95.)
31 (305 ILCS 5/10-10) (from Ch. 23, par. 10-10)
32 (Text of Section before amendment by P.A. 90-539)
33 Sec. 10-10. Court enforcement; applicability also to
SB1700 Engrossed -3- LRB9009117DJcdA
1 persons who are not applicants or recipients. Except where
2 the Illinois Department, by agreement, acts for the local
3 governmental unit, as provided in Section 10-3.1, local
4 governmental units shall refer to the State's Attorney or to
5 the proper legal representative of the governmental unit, for
6 judicial enforcement as herein provided, instances of
7 non-support or insufficient support when the dependents are
8 applicants or recipients under Article VI. The Child and
9 Spouse Support Unit established by Section 10-3.1 may
10 institute in behalf of the Illinois Department any actions
11 under this Section for judicial enforcement of the support
12 liability when the dependents are (a) applicants or
13 recipients under Articles III, IV, V or VII (b) applicants or
14 recipients in a local governmental unit when the Illinois
15 Department, by agreement, acts for the unit; or (c)
16 non-applicants or non-recipients who are receiving support
17 enforcement services under this Article X, as provided in
18 Section 10-1. Where the Child and Spouse Support Unit has
19 exercised its option and discretion not to apply the
20 provisions of Sections 10-3 through 10-8, the failure by the
21 Unit to apply such provisions shall not be a bar to bringing
22 an action under this Section.
23 Action shall be brought in the circuit court to obtain
24 support, or for the recovery of aid granted during the period
25 such support was not provided, or both for the obtainment of
26 support and the recovery of the aid provided. Actions for
27 the recovery of aid may be taken separately or they may be
28 consolidated with actions to obtain support. Such actions
29 may be brought in the name of the person or persons requiring
30 support, or may be brought in the name of the Illinois
31 Department or the local governmental unit, as the case
32 requires, in behalf of such persons.
33 The court may enter such orders for the payment of moneys
34 for the support of the person as may be just and equitable
SB1700 Engrossed -4- LRB9009117DJcdA
1 and may direct payment thereof for such period or periods of
2 time as the circumstances require, including support for a
3 period before the date the order for support is entered. The
4 order may be entered against any or all of the defendant
5 responsible relatives and may be based upon the proportionate
6 ability of each to contribute to the person's support.
7 The Court shall determine the amount of child support
8 (including child support for a period before the date the
9 order for child support is entered) by using the guidelines
10 and standards set forth in subsection (a) of Section 505 and
11 in Section 505.2 of the Illinois Marriage and Dissolution of
12 Marriage Act. For purposes of determining the amount of child
13 support to be paid for a period before the date the order for
14 child support is entered, there is a rebuttable presumption
15 that the responsible relative's net income for that period
16 was the same as his or her net income at the time the order
17 is entered.
18 The Court shall determine the amount of maintenance using
19 the standards set forth in Section 504 of the Illinois
20 Marriage and Dissolution of Marriage Act.
21 Any new or existing support order entered by the court
22 under this Section shall be deemed to be a series of
23 judgments against the person obligated to pay support
24 thereunder, each such judgment to be in the amount of each
25 payment or installment of support and each such judgment to
26 be deemed entered as of the date the corresponding payment or
27 installment becomes due under the terms of the support order.
28 Each such judgment shall have the full force, effect and
29 attributes of any other judgment of this State, including the
30 ability to be enforced. Any such judgment is subject to
31 modification or termination only in accordance with Section
32 510 of the Illinois Marriage and Dissolution of Marriage Act.
33 A lien arises by operation of law against the real and
34 personal property of the noncustodial parent for each
SB1700 Engrossed -5- LRB9009117DJcdA
1 installment of overdue support owed by the noncustodial
2 parent.
3 When an order is entered for the support of a minor, the
4 court may provide therein for reasonable visitation of the
5 minor by the person or persons who provided support pursuant
6 to the order. Whoever willfully refuses to comply with such
7 visitation order or willfully interferes with its enforcement
8 may be declared in contempt of court and punished therefor.
9 Except where the local governmental unit has entered into
10 an agreement with the Illinois Department for the Child and
11 Spouse Support Unit to act for it, as provided in Section
12 10-3.1, support orders entered by the court in cases
13 involving applicants or recipients under Article VI shall
14 provide that payments thereunder be made directly to the
15 local governmental unit. Orders for the support of all other
16 applicants or recipients shall provide that payments
17 thereunder be made directly to the Illinois Department. In
18 accordance with federal law and regulations, the Illinois
19 Department may continue to collect current maintenance
20 payments or child support payments, or both, after those
21 persons cease to receive public assistance and until
22 termination of services under Article X. The Illinois
23 Department shall pay the net amount collected to those
24 persons after deducting any costs incurred in making the
25 collection or any collection fee from the amount of any
26 recovery made. In both cases the order shall permit the
27 local governmental unit or the Illinois Department, as the
28 case may be, to direct the responsible relative or relatives
29 to make support payments directly to the needy person, or to
30 some person or agency in his behalf, upon removal of the
31 person from the public aid rolls or upon termination of
32 services under Article X.
33 If the notice of support due issued pursuant to Section
34 10-7 directs that support payments be made directly to the
SB1700 Engrossed -6- LRB9009117DJcdA
1 needy person, or to some person or agency in his behalf, and
2 the recipient is removed from the public aid rolls, court
3 action may be taken against the responsible relative
4 hereunder if he fails to furnish support in accordance with
5 the terms of such notice.
6 Actions may also be brought under this Section in behalf
7 of any person who is in need of support from responsible
8 relatives, as defined in Section 2-11 of Article II who is
9 not an applicant for or recipient of financial aid under this
10 Code. In such instances, the State's Attorney of the county
11 in which such person resides shall bring action against the
12 responsible relatives hereunder. If the Illinois Department,
13 as authorized by Section 10-1, extends the support services
14 provided by this Article to spouses and dependent children
15 who are not applicants or recipients under this Code, the
16 Child and Spouse Support Unit established by Section 10-3.1
17 shall bring action against the responsible relatives
18 hereunder and any support orders entered by the court in such
19 cases shall provide that payments thereunder be made directly
20 to the Illinois Department.
21 Whenever it is determined in a proceeding to establish or
22 enforce a child support or maintenance obligation that the
23 person owing a duty of support is unemployed, the court may
24 order the person to seek employment and report periodically
25 to the court with a diary, listing or other memorandum of his
26 or her efforts in accordance with such order. Additionally,
27 the court may order the unemployed person to report to the
28 Department of Employment Security for job search services or
29 to make application with the local Jobs Training Partnership
30 Act provider for participation in job search, training or
31 work programs and where the duty of support is owed to a
32 child receiving support services under this Article X, the
33 court may order the unemployed person to report to the
34 Illinois Department for participation in job search, training
SB1700 Engrossed -7- LRB9009117DJcdA
1 or work programs established under Section 9-6 and Article
2 IXA of this Code.
3 Whenever it is determined that a person owes past-due
4 support for a child receiving assistance under this Code, the
5 court shall order at the request of the Illinois Department:
6 (1) that the person pay the past-due support in
7 accordance with a plan approved by the court; or
8 (2) if the person owing past-due support is
9 unemployed, is subject to such a plan, and is not
10 incapacitated, that the person participate in such job
11 search, training, or work programs established under
12 Section 9-6 and Article IXA of this Code as the court
13 deems appropriate.
14 A determination under this Section shall not be
15 administratively reviewable by the procedures specified in
16 Sections 10-12, and 10-13 to 10-13.10. Any determination
17 under these Sections, if made the basis of court action under
18 this Section, shall not affect the de novo judicial
19 determination required under this Section.
20 A one-time charge of 20% is imposable upon the amount of
21 past-due child support owed on July 1, 1988 which has accrued
22 under a support order entered by the court. The charge shall
23 be imposed in accordance with the provisions of Section 10-21
24 of this Code and shall be enforced by the court upon
25 petition.
26 All orders for support, when entered or modified, shall
27 include a provision requiring the non-custodial parent to
28 notify the court and, in cases in which a party is receiving
29 child and spouse support services under this Article X, the
30 Illinois Department, within 7 days, (i) of the name, address,
31 and telephone number of any new employer of the non-custodial
32 parent, (ii) whether the non-custodial parent has access to
33 health insurance coverage through the employer or other group
34 coverage and, if so, the policy name and number and the names
SB1700 Engrossed -8- LRB9009117DJcdA
1 of persons covered under the policy, and (iii) of any new
2 residential or mailing address or telephone number of the
3 non-custodial parent. In any subsequent action to enforce a
4 support order, upon a sufficient showing that a diligent
5 effort has been made to ascertain the location of the
6 non-custodial parent, service of process or provision of
7 notice necessary in the case may be made at the last known
8 address of the non-custodial parent in any manner expressly
9 provided by the Code of Civil Procedure or this Code, which
10 service shall be sufficient for purposes of due process.
11 In cases in which a party is receiving child and spouse
12 support services under this Article X and the order for
13 support provides that child support payments be made to the
14 obligee, the Illinois Department of Public Aid may provide
15 notice to the obligor and the obligor's payor, when income
16 withholding is in effect under Section 10-16.2, to make all
17 payments after receipt of the Illinois Department's notice to
18 the clerk of the court until further notice by the Illinois
19 Department or order of the court. Copies of the notice shall
20 be provided to the obligee and the clerk. The clerk's copy
21 shall contain a proof of service on the obligor and the
22 obligor's payor, where applicable. The clerk shall file the
23 clerk's copy of the notice in the court file. The notice to
24 the obligor and the payor, if applicable, may be sent by
25 ordinary mail, certified mail, return receipt requested,
26 facsimile transmission, or other electronic process, or may
27 be served upon the obligor or payor using any method provided
28 by law for service of a summons. An obligor who fails to
29 comply with a notice provided under this paragraph is guilty
30 of a Class B misdemeanor. A payor who fails to comply with a
31 notice provided under this paragraph is guilty of a business
32 offense and subject to a fine of up to $1,000.
33 An order for support shall include a date on which the
34 current support obligation terminates. The termination date
SB1700 Engrossed -9- LRB9009117DJcdA
1 shall be no earlier than the date on which the child covered
2 by the order will attain the age of majority or is otherwise
3 emancipated. The order for support shall state that the
4 termination date does not apply to any arrearage that may
5 remain unpaid on that date. Nothing in this paragraph shall
6 be construed to prevent the court from modifying the order.
7 Upon notification in writing or by electronic
8 transmission from the Illinois Department to the clerk of the
9 court that a person who is receiving support payments under
10 this Section is receiving services under the Child Support
11 Enforcement Program established by Title IV-D of the Social
12 Security Act, any support payments subsequently received by
13 the clerk of the court shall be transmitted in accordance
14 with the instructions of the Illinois Department until the
15 Illinois Department gives notice to the clerk of the court to
16 cease the transmittal. After providing the notification
17 authorized under this paragraph, the Illinois Department
18 shall be entitled as a party to notice of any further
19 proceedings in the case. The clerk of the court shall file a
20 copy of the Illinois Department's notification in the court
21 file. The clerk's failure to file a copy of the
22 notification in the court file shall not, however, affect the
23 Illinois Department's right to receive notice of further
24 proceedings.
25 Payments under this Section to the Illinois Department
26 pursuant to the Child Support Enforcement Program established
27 by Title IV-D of the Social Security Act shall be paid into
28 the Child Support Enforcement Trust Fund. All other payments
29 under this Section to the Illinois Department shall be
30 deposited in the Public Assistance Recoveries Trust Fund.
31 Disbursements from these funds shall be as provided in
32 Sections 12-9 and 12-10.2 of this Code. Payments received by
33 a local governmental unit shall be deposited in that unit's
34 General Assistance Fund.
SB1700 Engrossed -10- LRB9009117DJcdA
1 (Source: P.A. 90-18, eff. 7-1-97.)
2 (Text of Section after amendment by P.A. 90-539)
3 Sec. 10-10. Court enforcement; applicability also to
4 persons who are not applicants or recipients. Except where
5 the Illinois Department, by agreement, acts for the local
6 governmental unit, as provided in Section 10-3.1, local
7 governmental units shall refer to the State's Attorney or to
8 the proper legal representative of the governmental unit, for
9 judicial enforcement as herein provided, instances of
10 non-support or insufficient support when the dependents are
11 applicants or recipients under Article VI. The Child and
12 Spouse Support Unit established by Section 10-3.1 may
13 institute in behalf of the Illinois Department any actions
14 under this Section for judicial enforcement of the support
15 liability when the dependents are (a) applicants or
16 recipients under Articles III, IV, V or VII (b) applicants or
17 recipients in a local governmental unit when the Illinois
18 Department, by agreement, acts for the unit; or (c)
19 non-applicants or non-recipients who are receiving support
20 enforcement services under this Article X, as provided in
21 Section 10-1. Where the Child and Spouse Support Unit has
22 exercised its option and discretion not to apply the
23 provisions of Sections 10-3 through 10-8, the failure by the
24 Unit to apply such provisions shall not be a bar to bringing
25 an action under this Section.
26 Action shall be brought in the circuit court to obtain
27 support, or for the recovery of aid granted during the period
28 such support was not provided, or both for the obtainment of
29 support and the recovery of the aid provided. Actions for
30 the recovery of aid may be taken separately or they may be
31 consolidated with actions to obtain support. Such actions
32 may be brought in the name of the person or persons requiring
33 support, or may be brought in the name of the Illinois
34 Department or the local governmental unit, as the case
SB1700 Engrossed -11- LRB9009117DJcdA
1 requires, in behalf of such persons.
2 The court may enter such orders for the payment of moneys
3 for the support of the person as may be just and equitable
4 and may direct payment thereof for such period or periods of
5 time as the circumstances require, including support for a
6 period before the date the order for support is entered. The
7 order may be entered against any or all of the defendant
8 responsible relatives and may be based upon the proportionate
9 ability of each to contribute to the person's support.
10 The Court shall determine the amount of child support
11 (including child support for a period before the date the
12 order for child support is entered) by using the guidelines
13 and standards set forth in subsection (a) of Section 505 and
14 in Section 505.2 of the Illinois Marriage and Dissolution of
15 Marriage Act. For purposes of determining the amount of child
16 support to be paid for a period before the date the order for
17 child support is entered, there is a rebuttable presumption
18 that the responsible relative's net income for that period
19 was the same as his or her net income at the time the order
20 is entered.
21 An order entered under this Section shall include a
22 provision requiring the obligor to report to the obligee and
23 to the clerk of court within 10 days each time the obligor
24 obtains new employment, and each time the obligor's
25 employment is terminated for any reason. The report shall be
26 in writing and shall, in the case of new employment, include
27 the name and address of the new employer. Failure to report
28 new employment or the termination of current employment, if
29 coupled with nonpayment of support for a period in excess of
30 60 days, is indirect criminal contempt. For any obligor
31 arrested for failure to report new employment bond shall be
32 set in the amount of the child support that should have been
33 paid during the period of unreported employment. An order
34 entered under this Section shall also include a provision
SB1700 Engrossed -12- LRB9009117DJcdA
1 requiring the obligor and obligee parents to advise each
2 other of a change in residence within 5 days of the change
3 except when the court finds that the physical, mental, or
4 emotional health of a party or that of a minor child, or
5 both, would be seriously endangered by disclosure of the
6 party's address.
7 The Court shall determine the amount of maintenance using
8 the standards set forth in Section 504 of the Illinois
9 Marriage and Dissolution of Marriage Act.
10 Any new or existing support order entered by the court
11 under this Section shall be deemed to be a series of
12 judgments against the person obligated to pay support
13 thereunder, each such judgment to be in the amount of each
14 payment or installment of support and each such judgment to
15 be deemed entered as of the date the corresponding payment or
16 installment becomes due under the terms of the support order.
17 Each such judgment shall have the full force, effect and
18 attributes of any other judgment of this State, including the
19 ability to be enforced. Any such judgment is subject to
20 modification or termination only in accordance with Section
21 510 of the Illinois Marriage and Dissolution of Marriage Act.
22 A lien arises by operation of law against the real and
23 personal property of the noncustodial parent for each
24 installment of overdue support owed by the noncustodial
25 parent.
26 When an order is entered for the support of a minor, the
27 court may provide therein for reasonable visitation of the
28 minor by the person or persons who provided support pursuant
29 to the order. Whoever willfully refuses to comply with such
30 visitation order or willfully interferes with its enforcement
31 may be declared in contempt of court and punished therefor.
32 Except where the local governmental unit has entered into
33 an agreement with the Illinois Department for the Child and
34 Spouse Support Unit to act for it, as provided in Section
SB1700 Engrossed -13- LRB9009117DJcdA
1 10-3.1, support orders entered by the court in cases
2 involving applicants or recipients under Article VI shall
3 provide that payments thereunder be made directly to the
4 local governmental unit. Orders for the support of all other
5 applicants or recipients shall provide that payments
6 thereunder be made directly to the Illinois Department. In
7 accordance with federal law and regulations, the Illinois
8 Department may continue to collect current maintenance
9 payments or child support payments, or both, after those
10 persons cease to receive public assistance and until
11 termination of services under Article X. The Illinois
12 Department shall pay the net amount collected to those
13 persons after deducting any costs incurred in making the
14 collection or any collection fee from the amount of any
15 recovery made. In both cases the order shall permit the
16 local governmental unit or the Illinois Department, as the
17 case may be, to direct the responsible relative or relatives
18 to make support payments directly to the needy person, or to
19 some person or agency in his behalf, upon removal of the
20 person from the public aid rolls or upon termination of
21 services under Article X.
22 If the notice of support due issued pursuant to Section
23 10-7 directs that support payments be made directly to the
24 needy person, or to some person or agency in his behalf, and
25 the recipient is removed from the public aid rolls, court
26 action may be taken against the responsible relative
27 hereunder if he fails to furnish support in accordance with
28 the terms of such notice.
29 Actions may also be brought under this Section in behalf
30 of any person who is in need of support from responsible
31 relatives, as defined in Section 2-11 of Article II who is
32 not an applicant for or recipient of financial aid under this
33 Code. In such instances, the State's Attorney of the county
34 in which such person resides shall bring action against the
SB1700 Engrossed -14- LRB9009117DJcdA
1 responsible relatives hereunder. If the Illinois Department,
2 as authorized by Section 10-1, extends the support services
3 provided by this Article to spouses and dependent children
4 who are not applicants or recipients under this Code, the
5 Child and Spouse Support Unit established by Section 10-3.1
6 shall bring action against the responsible relatives
7 hereunder and any support orders entered by the court in such
8 cases shall provide that payments thereunder be made directly
9 to the Illinois Department.
10 Whenever it is determined in a proceeding to establish or
11 enforce a child support or maintenance obligation that the
12 person owing a duty of support is unemployed, the court may
13 order the person to seek employment and report periodically
14 to the court with a diary, listing or other memorandum of his
15 or her efforts in accordance with such order. Additionally,
16 the court may order the unemployed person to report to the
17 Department of Employment Security for job search services or
18 to make application with the local Jobs Training Partnership
19 Act provider for participation in job search, training or
20 work programs and where the duty of support is owed to a
21 child receiving support services under this Article X, the
22 court may order the unemployed person to report to the
23 Illinois Department for participation in job search, training
24 or work programs established under Section 9-6 and Article
25 IXA of this Code.
26 Whenever it is determined that a person owes past-due
27 support for a child receiving assistance under this Code, the
28 court shall order at the request of the Illinois Department:
29 (1) that the person pay the past-due support in
30 accordance with a plan approved by the court; or
31 (2) if the person owing past-due support is
32 unemployed, is subject to such a plan, and is not
33 incapacitated, that the person participate in such job
34 search, training, or work programs established under
SB1700 Engrossed -15- LRB9009117DJcdA
1 Section 9-6 and Article IXA of this Code as the court
2 deems appropriate.
3 A determination under this Section shall not be
4 administratively reviewable by the procedures specified in
5 Sections 10-12, and 10-13 to 10-13.10. Any determination
6 under these Sections, if made the basis of court action under
7 this Section, shall not affect the de novo judicial
8 determination required under this Section.
9 A one-time charge of 20% is imposable upon the amount of
10 past-due child support owed on July 1, 1988 which has accrued
11 under a support order entered by the court. The charge shall
12 be imposed in accordance with the provisions of Section 10-21
13 of this Code and shall be enforced by the court upon
14 petition.
15 All orders for support, when entered or modified, shall
16 include a provision requiring the non-custodial parent to
17 notify the court and, in cases in which a party is receiving
18 child and spouse support services under this Article X, the
19 Illinois Department, within 7 days, (i) of the name, address,
20 and telephone number of any new employer of the non-custodial
21 parent, (ii) whether the non-custodial parent has access to
22 health insurance coverage through the employer or other group
23 coverage and, if so, the policy name and number and the names
24 of persons covered under the policy, and (iii) of any new
25 residential or mailing address or telephone number of the
26 non-custodial parent. In any subsequent action to enforce a
27 support order, upon a sufficient showing that a diligent
28 effort has been made to ascertain the location of the
29 non-custodial parent, service of process or provision of
30 notice necessary in the case may be made at the last known
31 address of the non-custodial parent in any manner expressly
32 provided by the Code of Civil Procedure or this Code, which
33 service shall be sufficient for purposes of due process.
34 In cases in which a party is receiving child and spouse
SB1700 Engrossed -16- LRB9009117DJcdA
1 support services under this Article X and the order for
2 support provides that child support payments be made to the
3 obligee, the Illinois Department of Public Aid may provide
4 notice to the obligor and the obligor's payor, when income
5 withholding is in effect under Section 10-16.2, to make all
6 payments after receipt of the Illinois Department's notice to
7 the clerk of the court until further notice by the Illinois
8 Department or order of the court. Copies of the notice shall
9 be provided to the obligee and the clerk. The clerk's copy
10 shall contain a proof of service on the obligor and the
11 obligor's payor, where applicable. The clerk shall file the
12 clerk's copy of the notice in the court file. The notice to
13 the obligor and the payor, if applicable, may be sent by
14 ordinary mail, certified mail, return receipt requested,
15 facsimile transmission, or other electronic process, or may
16 be served upon the obligor or payor using any method provided
17 by law for service of a summons. An obligor who fails to
18 comply with a notice provided under this paragraph is guilty
19 of a Class B misdemeanor. A payor who fails to comply with a
20 notice provided under this paragraph is guilty of a business
21 offense and subject to a fine of up to $1,000.
22 An order for support shall include a date on which the
23 current support obligation terminates. The termination date
24 shall be no earlier than the date on which the child covered
25 by the order will attain the age of majority or is otherwise
26 emancipated. The order for support shall state that the
27 termination date does not apply to any arrearage that may
28 remain unpaid on that date. Nothing in this paragraph shall
29 be construed to prevent the court from modifying the order.
30 Upon notification in writing or by electronic
31 transmission from the Illinois Department to the clerk of the
32 court that a person who is receiving support payments under
33 this Section is receiving services under the Child Support
34 Enforcement Program established by Title IV-D of the Social
SB1700 Engrossed -17- LRB9009117DJcdA
1 Security Act, any support payments subsequently received by
2 the clerk of the court shall be transmitted in accordance
3 with the instructions of the Illinois Department until the
4 Illinois Department gives notice to the clerk of the court to
5 cease the transmittal. After providing the notification
6 authorized under this paragraph, the Illinois Department
7 shall be entitled as a party to notice of any further
8 proceedings in the case. The clerk of the court shall file a
9 copy of the Illinois Department's notification in the court
10 file. The clerk's failure to file a copy of the
11 notification in the court file shall not, however, affect the
12 Illinois Department's right to receive notice of further
13 proceedings.
14 Payments under this Section to the Illinois Department
15 pursuant to the Child Support Enforcement Program established
16 by Title IV-D of the Social Security Act shall be paid into
17 the Child Support Enforcement Trust Fund. All other payments
18 under this Section to the Illinois Department shall be
19 deposited in the Public Assistance Recoveries Trust Fund.
20 Disbursements from these funds shall be as provided in
21 Sections 12-9 and 12-10.2 of this Code. Payments received by
22 a local governmental unit shall be deposited in that unit's
23 General Assistance Fund.
24 (Source: P.A. 90-18, eff. 7-1-97; 90-539, eff. 6-1-98;
25 revised 12-23-97.)
26 (305 ILCS 5/10-11) (from Ch. 23, par. 10-11)
27 (Text of Section before amendment by P.A. 90-539)
28 Sec. 10-11. Administrative Orders. In lieu of actions
29 for court enforcement of support under Section 10-10, the
30 Child and Spouse Support Unit of the Illinois Department, in
31 accordance with the rules of the Illinois Department, may
32 issue an administrative order requiring the responsible
33 relative to comply with the terms of the determination and
SB1700 Engrossed -18- LRB9009117DJcdA
1 notice of support due, determined and issued under Sections
2 10-6 and 10-7. The Unit may also enter an administrative
3 order under subsection (b) of Section 10-7. The
4 administrative order shall be served upon the responsible
5 relative by United States registered or certified mail. In
6 cases in which the responsible relative appeared at the
7 office of the Child and Spouse Support Unit in response to
8 the notice of support obligation issued under Section 10-4,
9 however, or in cases of default in which the notice was
10 served on the responsible relative by certified mail, return
11 receipt requested, or by a private person as authorized under
12 Section 10-4, or by any method provided by law for service of
13 summons, the administrative determination of paternity or
14 administrative support order may be sent to the responsible
15 relative by ordinary mail addressed to the responsible
16 relative's last known address.
17 If a responsible relative or a person receiving child and
18 spouse support services under this Article fails to petition
19 the Illinois Department for release from or modification of
20 the administrative order, as provided in Section 10-12 or
21 Section 10-12.1, the order shall become final and there shall
22 be no further administrative or judicial remedy. Likewise a
23 decision by the Illinois Department as a result of an
24 administrative hearing, as provided in Sections 10-13 to
25 10-13.10, shall become final and enforceable if not
26 judicially reviewed under the Administrative Review Law, as
27 provided in Section 10-14.
28 Any new or existing support order entered by the Illinois
29 Department under this Section shall be deemed to be a series
30 of judgments against the person obligated to pay support
31 thereunder, each such judgment to be in the amount of each
32 payment or installment of support and each such judgment to
33 be deemed entered as of the date the corresponding payment or
34 installment becomes due under the terms of the support order.
SB1700 Engrossed -19- LRB9009117DJcdA
1 Each such judgment shall have the full force, effect and
2 attributes of any other judgment of this State, including the
3 ability to be enforced. Any such judgment is subject to
4 modification or termination only in accordance with Section
5 510 of the Illinois Marriage and Dissolution of Marriage Act.
6 A lien arises by operation of law against the real and
7 personal property of the noncustodial parent for each
8 installment of overdue support owed by the noncustodial
9 parent.
10 A one-time charge of 20% is imposable upon the amount of
11 past-due child support owed on July 1, 1988, which has
12 accrued under a support order entered by the Illinois
13 Department under this Section. The charge shall be imposed
14 in accordance with the provisions of Section 10-21 and shall
15 be enforced by the court in a suit filed under Section 10-15.
16 (Source: P.A. 90-18, eff. 7-1-97)
17 (Text of Section after amendment by P.A. 90-539)
18 Sec. 10-11. Administrative Orders. In lieu of actions
19 for court enforcement of support under Section 10-10, the
20 Child and Spouse Support Unit of the Illinois Department, in
21 accordance with the rules of the Illinois Department, may
22 issue an administrative order requiring the responsible
23 relative to comply with the terms of the determination and
24 notice of support due, determined and issued under Sections
25 10-6 and 10-7. The Unit may also enter an administrative
26 order under subsection (b) of Section 10-7. The
27 administrative order shall be served upon the responsible
28 relative by United States registered or certified mail. In
29 cases in which the responsible relative appeared at the
30 office of the Child and Spouse Support Unit in response to
31 the notice of support obligation issued under Section 10-4,
32 however, or in cases of default in which the notice was
33 served on the responsible relative by certified mail, return
34 receipt requested, or by a private person as authorized under
SB1700 Engrossed -20- LRB9009117DJcdA
1 Section 10-4, or by any method provided by law for service of
2 summons, the administrative determination of paternity or
3 administrative support order may be sent to the responsible
4 relative by ordinary mail addressed to the responsible
5 relative's last known address.
6 If a responsible relative or a person receiving child and
7 spouse support services under this Article fails to petition
8 the Illinois Department for release from or modification of
9 the administrative order, as provided in Section 10-12 or
10 Section 10-12.1, the order shall become final and there shall
11 be no further administrative or judicial remedy. Likewise a
12 decision by the Illinois Department as a result of an
13 administrative hearing, as provided in Sections 10-13 to
14 10-13.10, shall become final and enforceable if not
15 judicially reviewed under the Administrative Review Law, as
16 provided in Section 10-14.
17 Any new or existing support order entered by the Illinois
18 Department under this Section shall be deemed to be a series
19 of judgments against the person obligated to pay support
20 thereunder, each such judgment to be in the amount of each
21 payment or installment of support and each such judgment to
22 be deemed entered as of the date the corresponding payment or
23 installment becomes due under the terms of the support order.
24 Each such judgment shall have the full force, effect and
25 attributes of any other judgment of this State, including the
26 ability to be enforced. Any such judgment is subject to
27 modification or termination only in accordance with Section
28 510 of the Illinois Marriage and Dissolution of Marriage Act.
29 A lien arises by operation of law against the real and
30 personal property of the noncustodial parent for each
31 installment of overdue support owed by the noncustodial
32 parent.
33 An order entered under this Section shall include a
34 provision requiring the obligor to report to the obligee and
SB1700 Engrossed -21- LRB9009117DJcdA
1 to the clerk of court within 10 days each time the obligor
2 obtains new employment, and each time the obligor's
3 employment is terminated for any reason. The report shall be
4 in writing and shall, in the case of new employment, include
5 the name and address of the new employer. Failure to report
6 new employment or the termination of current employment, if
7 coupled with nonpayment of support for a period in excess of
8 60 days, is indirect criminal contempt. For any obligor
9 arrested for failure to report new employment bond shall be
10 set in the amount of the child support that should have been
11 paid during the period of unreported employment. An order
12 entered under this Section shall also include a provision
13 requiring the obligor and obligee parents to advise each
14 other of a change in residence within 5 days of the change
15 except when the court finds that the physical, mental, or
16 emotional health of a party or that of a minor child, or
17 both, would be seriously endangered by disclosure of the
18 party's address.
19 A one-time charge of 20% is imposable upon the amount of
20 past-due child support owed on July 1, 1988, which has
21 accrued under a support order entered by the Illinois
22 Department under this Section. The charge shall be imposed
23 in accordance with the provisions of Section 10-21 and shall
24 be enforced by the court in a suit filed under Section 10-15.
25 (Source: P.A. 90-18, eff. 7-1-97; 90-539, eff. 6-1-98;
26 revised 12-23-97.)
27 (305 ILCS 5/10-12) (from Ch. 23, par. 10-12)
28 Sec. 10-12. Petition by responsible relative for release
29 from or modification of administrative support order or
30 administrative determination of paternity.
31 (a) Any responsible relative aggrieved by an
32 administrative order entered under Section Sections 10-11 or
33 10-11.1 or an administrative determination of paternity
SB1700 Engrossed -22- LRB9009117DJcdA
1 entered under Section 10-17.7 who has been duly notified of
2 such order or determination, may, within 30 days from the
3 date of mailing of such order or determination, petition the
4 Illinois Department for a release from or modification of the
5 order or determination. The day immediately subsequent to the
6 mailing of the order or determination shall be considered as
7 the first day, and the day such petition is received by the
8 Illinois Department shall be considered as the last day in
9 computing the 30 day appeal period.
10 The Illinois Department shall, upon receipt of a petition
11 within the 30 day appeal period, provide for a hearing to be
12 held thereon.
13 (b) Notwithstanding the 30-day appeal period set forth in
14 subsection (a), a man against whom a default administrative
15 determination of paternity has been entered may have the
16 determination vacated if, within 30 days after being served
17 with the determination, he appears in person at the office
18 to which he was given notice to appear for an interview and
19 files a written request for relief from the determination.
20 The Illinois Department shall then proceed with the
21 establishment of paternity. A man may obtain relief under
22 this subsection from an administrative determination of
23 paternity only once in any proceeding to establish
24 paternity.
25 (Source: P.A. 85-1155.)
26 (305 ILCS 5/10-12.1 new)
27 Sec. 10-12.1. Petition by person receiving child and
28 spouse support services for release from or modification of
29 administrative support order or administrative determination
30 of paternity. Any person receiving child and spouse support
31 services under this Article who is aggrieved by an
32 administrative order entered under Section 10-11 or 10-11.1
33 or an administrative determination of paternity entered
SB1700 Engrossed -23- LRB9009117DJcdA
1 under Section 10-17.7 who has been duly notified of the
2 order or determination may, within 30 days after the date of
3 mailing of the order or determination, petition the Illinois
4 Department for release from or modification of the order or
5 determination. The day immediately subsequent to the mailing
6 of the order or determination shall be considered as the
7 first day and the day the petition is received by the
8 Illinois Department shall be considered as the last day in
9 computing the 30-day appeal period. Upon receiving a petition
10 within the 30-day appeal period, the Illinois Department
11 shall provide for a hearing to be held on the petition.
12 (305 ILCS 5/10-13) (from Ch. 23, par. 10-13)
13 Sec. 10-13. Hearing on Petition.
14 The Illinois Department, or any officer or employee
15 thereof designated in writing by the Illinois Department,
16 shall conduct hearings and investigations in connection with
17 petitions filed pursuant to with Section 10-12 or Section
18 10-12.1. Responsible relatives and persons receiving child
19 and spouse support services under this Article shall be
20 entitled to appear in person, to be represented by counsel at
21 the hearing and to present all relevant matter in support of
22 their petitions. The provisions of Sections 10-13.1 through
23 to 10-13.10 shall govern the hearing.
24 The hearing shall be de novo and the Illinois
25 Department's determination of liability or non-liability
26 shall be independent of the determination of the
27 administrative enforcement unit.
28 (Source: Laws 1967, p. 122.)
29 (305 ILCS 5/10-13.6) (from Ch. 23, par. 10-13.6)
30 Sec. 10-13.6. Subpoenas.
31 (a) The Illinois Department, or any officer or employee
32 thereof designated in writing by the Illinois Department,
SB1700 Engrossed -24- LRB9009117DJcdA
1 shall at its or his own instance, or on the written request
2 of any other party to the proceeding, issue subpoenas
3 requiring the attendance of and the giving of testimony by
4 witnesses, and subpoenas duces tecum requiring the production
5 of books, papers, records or memoranda. The subpoenas and
6 subpoenas duces tecum may be served by any person of full
7 age. Any subpoena may be served in the same manner as a
8 subpoena issued out of a circuit court, and may also be
9 served by United States registered or certified mail,
10 addressed to the person concerned at his last known address,
11 and proof of such mailing shall be sufficient for the
12 purposes of the Article.
13 (b) Subpoenas duces tecum issued in other states shall be
14 afforded full faith and credit in this State. Every such
15 subpoena shall have the full force, effect, and attributes
16 of a subpoena issued in this State, including the ability to
17 be enforced.
18 (Source: Laws 1967, p. 122.)
19 (305 ILCS 5/10-14) (from Ch. 23, par. 10-14)
20 Sec. 10-14. Review of Illinois department decision on
21 petition for hearing. Any responsible relative or person
22 receiving child and spouse support services under this
23 Article affected by a final administrative decision of the
24 Illinois Department in a hearing, conducted pursuant to
25 Sections 10-13 through to 10-13.10 in which such relative or
26 person receiving services was a party, may have the decision
27 reviewed only under and in accordance with the Administrative
28 Review Law, as amended. The provisions of the Administrative
29 Review Law, and the rules adopted pursuant thereto, shall
30 apply to and govern all proceedings for the judicial review
31 of such final administrative decisions of the Illinois
32 Department. The term "administrative decision" is defined as
33 in Section 3-101 of the Code of Civil Procedure.
SB1700 Engrossed -25- LRB9009117DJcdA
1 Appeals from all final orders and judgments entered by a
2 court upon review of the Illinois Department's order in any
3 case may be taken by either party to the proceeding and shall
4 be governed by the rules applicable to appeals in civil
5 cases.
6 The remedy herein provided for appeal shall be exclusive,
7 and no court shall have jurisdiction to review the subject
8 matter of any order made by the Illinois Department except as
9 herein provided.
10 (Source: P.A. 82-783.)
11 (305 ILCS 5/10-14.1 new)
12 Sec. 10-14.1. Relief from administrative orders.
13 Notwithstanding the 30-day appeal period provided in Sections
14 10-12 and 10-12.1 and the limitation on review of final
15 administrative decisions contained in Section 10-14, a
16 responsible relative or a person receiving child and spouse
17 support services under this Article who is aggrieved by an
18 administrative order entered under Section 10-11 or 10-11.1
19 or an administrative determination of paternity entered under
20 Section 10-17.7 and who did not petition within the 30-day
21 appeal period may petition the Illinois Department for relief
22 from the administrative order or determination on the same
23 grounds as are provided for relief from judgments under
24 Section 2-1401 of the Code of Civil Procedure. The petition
25 must be filed not later than 2 years after the entry of the
26 order or determination by the Illinois Department. The day
27 immediately subsequent to the mailing of the order or
28 determination shall be considered as the first day and the
29 day the petition is received by the Illinois Department shall
30 be considered as the last day in computing the 2-year period.
31 Any period during which the person seeking relief is under a
32 legal disability or duress or during which the grounds for
33 relief are fraudulently concealed shall be excluded in
SB1700 Engrossed -26- LRB9009117DJcdA
1 computing the period of 2 years.
2 Upon receiving a petition within the 2-year period, the
3 Illinois Department shall provide for a hearing to be held on
4 the petition.
5 (305 ILCS 5/10-16.2) (from Ch. 23, par. 10-16.2)
6 Sec. 10-16.2. Withholding of Income to Secure Payment of
7 Support.
8 (A) Definitions.
9 (1) "Order for support" means any order of the court
10 which provides for periodic payment of funds for the support
11 of a child or maintenance of a spouse, whether temporary or
12 final, and includes any such order which provides for:
13 (a) Modification or resumption of, or payment of
14 arrearage accrued under, a previously existing order;
15 (b) Reimbursement of support; or
16 (c) Enrollment in a health insurance plan that is
17 available to the obligor through an employer or labor
18 union or trade union.
19 (2) "Arrearage" means the total amount of unpaid support
20 obligations as determined by the court and incorporated into
21 an order for support.
22 (2.5) "Business day" means a day on which State offices
23 are open for regular business.
24 (3) "Delinquency" means any payment under an order for
25 support which becomes due and remains unpaid after entry of
26 the order for support.
27 (4) "Income" means any form of periodic payment to an
28 individual, regardless of source, including, but not limited
29 to: wages, salary, commission, compensation as an independent
30 contractor, workers' compensation, disability, annuity,
31 pension, and retirement benefits, lottery prize awards,
32 insurance proceeds, vacation pay, bonuses, profit-sharing
33 payments, interest, and any other payments, made by any
SB1700 Engrossed -27- LRB9009117DJcdA
1 person, private entity, federal or state government, any unit
2 of local government, school district or any entity created by
3 Public Act; however, "income" excludes:
4 (a) Any amounts required by law to be withheld,
5 other than creditor claims, including, but not limited
6 to, federal, State and local taxes, Social Security and
7 other retirement and disability contributions;
8 (b) Union dues;
9 (c) Any amounts exempted by the federal Consumer
10 Credit Protection Act;
11 (d) Public assistance payments; and
12 (e) Unemployment insurance benefits except as
13 provided by law.
14 Any other State or local laws which limit or exempt
15 income or the amount or percentage of income that can be
16 withheld shall not apply.
17 (5) "Obligor" means the individual who owes a duty to
18 make payments under an order for support.
19 (6) "Obligee" means the individual to whom a duty of
20 support is owed or the individual's legal representative.
21 (7) "Payor" means any payor of income to an obligor.
22 (8) "Public office" means any elected official or any
23 State or local agency which is or may become responsible by
24 law for enforcement of, or which is or may become authorized
25 to enforce, an order for support, including, but not limited
26 to: the Attorney General, the Illinois Department of Public
27 Aid, the Illinois Department of Human Services (as successor
28 to the Department of Mental Health and Developmental
29 Disabilities), the Illinois Department of Children and Family
30 Services, and the various State's Attorneys, Clerks of the
31 Circuit Court and supervisors of general assistance.
32 (9) "Premium" means the dollar amount for which the
33 obligor is liable to his employer or labor union or trade
34 union and which must be paid to enroll or maintain a child in
SB1700 Engrossed -28- LRB9009117DJcdA
1 a health insurance plan that is available to the obligor
2 through an employer or labor union or trade union.
3 (B) Entry of Order for Support Containing Income Withholding
4 Provisions; Income Withholding Notice.
5 (1) In addition to any content required under other
6 laws, every order for support entered on or after July 1,
7 1997, shall:
8 (a) Require an income withholding notice to be
9 prepared and served immediately upon any payor of the
10 obligor by the obligee or public office, unless a written
11 agreement is reached between and signed by both parties
12 providing for an alternative arrangement, approved and
13 entered into the record by the court, which ensures
14 payment of support. In that case, the order for support
15 shall provide that an income withholding notice is to be
16 prepared and served only if the obligor becomes
17 delinquent in paying the order for support; and
18 (b) Contain a dollar amount to be paid until
19 payment in full of any delinquency that accrues after
20 entry of the order for support. The amount for payment
21 of delinquency shall not be less than 20% of the total of
22 the current support amount and the amount to be paid
23 periodically for payment of any arrearage stated in the
24 order for support; and
25 (c) Include the obligor's Social Security Number,
26 which the obligor shall disclose to the court. If the
27 obligor is not a United States citizen, the obligor shall
28 disclose to the court, and the court shall include in the
29 order for support, the obligor's alien registration
30 number, passport number, and home country's social
31 security or national health number, if applicable.
32 (2) At the time the order for support is entered, the
33 Clerk of the Circuit Court shall provide a copy of the order
34 to the obligor and shall make copies available to the obligee
SB1700 Engrossed -29- LRB9009117DJcdA
1 and public office.
2 (3) The income withholding notice shall:
3 (a) Be in the standard format prescribed by the
4 federal Department of Health and Human Services; and
5 (a-5) State the date of entry of the order for
6 support upon which the income withholding notice is
7 based; and
8 (b) Direct any payor to withhold the dollar amount
9 required for current support under the order for support;
10 and
11 (c) Direct any payor to withhold the dollar amount
12 required to be paid periodically under the order for
13 support for payment of the amount of any arrearage stated
14 in the order for support; and
15 (d) Direct any payor or labor union or trade union
16 to enroll a child as a beneficiary of a health insurance
17 plan and withhold or cause to be withheld, if applicable,
18 any required premiums; and
19 (e) State the amount of the payor income
20 withholding fee specified under this Section; and
21 (f) State that the amount actually withheld from
22 the obligor's income for support and other purposes,
23 including the payor withholding fee specified under this
24 Section, may not be in excess of the maximum amount
25 permitted under the federal Consumer Credit Protection
26 Act; and
27 (g) State the duties of the payor and the fines and
28 penalties for failure to withhold and pay over income and
29 for discharging, disciplining, refusing to hire, or
30 otherwise penalizing the obligor because of the duty to
31 withhold and pay over income under this Section; and
32 (h) State the rights, remedies, and duties of the
33 obligor under this Section; and
34 (i) Include the obligor's Social Security Number;
SB1700 Engrossed -30- LRB9009117DJcdA
1 and
2 (j) Include the date that withholding for current
3 support terminates, which shall be the date of
4 termination of the current support obligation set forth
5 in the order for support; and.
6 (k) Contain the signature of the obligee or the
7 printed name and telephone number of the authorized
8 representative of the public office, except that the
9 failure to contain the signature of the obligee or the
10 printed name and telephone number of the authorized
11 representative of the public office shall not affect the
12 validity of the income withholding notice.
13 (4) The accrual of a delinquency as a condition for
14 service of an income withholding notice, under the exception
15 to immediate withholding in paragraph (1) of this subsection,
16 shall apply only to the initial service of an income
17 withholding notice on a payor of the obligor.
18 (5) Notwithstanding the exception to immediate
19 withholding contained in paragraph (1) of this subsection, if
20 the court finds at the time of any hearing that an arrearage
21 has accrued, the court shall order immediate service of an
22 income withholding notice upon the payor.
23 (6) If the order for support, under the exception to
24 immediate withholding contained in paragraph (1) of this
25 subsection, provides that an income withholding notice is to
26 be prepared and served only if the obligor becomes delinquent
27 in paying the order for support, the obligor may execute a
28 written waiver of that condition and request immediate
29 service on the payor.
30 (7) The obligee or public office may serve the income
31 withholding notice on the payor or its superintendent,
32 manager, or other agent by ordinary mail or certified mail
33 return receipt requested, by facsimile transmission or other
34 electronic means, by personal delivery, or by any method
SB1700 Engrossed -31- LRB9009117DJcdA
1 provided by law for service of a summons. At the time of
2 service on the payor and as notice that withholding has
3 commenced, the obligee or public office shall serve a copy of
4 the income withholding notice on the obligor by ordinary mail
5 addressed to his or her last known address. A copy of the
6 income withholding notice together with proofs of service on
7 the payor and the obligor shall be filed with the Clerk of
8 the Circuit Court.
9 (8) At any time after the initial service of an income
10 withholding notice under this Section, any other payor of the
11 obligor may be served with the same income withholding notice
12 without further notice to the obligor. A copy of the income
13 withholding notice together with a proof of service on the
14 other payor shall be filed with the Clerk of the Circuit
15 Court.
16 (9) (4) New service of an income order for withholding
17 notice is not required in order to resume withholding of
18 income in the case of an obligor with respect to whom an
19 income order for withholding notice was previously served on
20 the payor if withholding of income was terminated because of
21 an interruption in the obligor's employment of less than 180
22 days.
23 (C) Income Withholding After Accrual of Delinquency.
24 (1) Whenever an obligor accrues a delinquency, the
25 obligee or public office may prepare and serve upon the
26 obligor's payor an income withholding notice that:
27 (a) Contains the information required under
28 paragraph (3) of subsection (B); and
29 (b) Contains a computation of the period and total
30 amount of the delinquency as of the date of the notice;
31 and
32 (c) Directs the payor to withhold the dollar amount
33 required to be withheld periodically under the order for
34 support for payment of the delinquency.
SB1700 Engrossed -32- LRB9009117DJcdA
1 (2) The income withholding notice and the obligor's copy
2 of the income withholding notice shall be served as provided
3 in paragraph (7) of subsection (B).
4 (3) The obligor may contest withholding commenced under
5 this subsection by filing a petition to contest withholding
6 with the Clerk of the Circuit Court within 20 days after
7 service of a copy of the income withholding notice on the
8 obligor. However, the grounds for the petition to contest
9 withholding shall be limited to:
10 (a) A dispute concerning the existence or amount of
11 the delinquency; or
12 (b) The identity of the obligor.
13 The Clerk of the Circuit Court shall notify the obligor
14 and the obligee or public office of the time and place of the
15 hearing on the petition to contest withholding. The court
16 shall hold the hearing pursuant to the provisions of
17 subsection (F).
18 (D) Initiated Withholding.
19 (1) Notwithstanding any other provision of this Section,
20 if the court has not required that income withholding take
21 effect immediately, the obligee or public office may initiate
22 withholding, regardless of whether a delinquency has accrued,
23 by preparing and serving an income withholding notice on the
24 payor that contains the information required under paragraph
25 (3) of subsection (B) and states that the parties' written
26 agreement providing an alternative arrangement to immediate
27 withholding under paragraph (1) of subsection (B) no longer
28 ensures payment of support and the reason or reasons why it
29 does not.
30 (2) The income withholding notice and the obligor's copy
31 of the income withholding notice shall be served as provided
32 in paragraph (7) of subsection (B).
33 (3) The obligor may contest withholding commenced under
34 this subsection by filing a petition to contest withholding
SB1700 Engrossed -33- LRB9009117DJcdA
1 with the Clerk of the Circuit Court within 20 days after
2 service of a copy of the income withholding notice on the
3 obligor. However, the grounds for the petition shall be
4 limited to a dispute concerning:
5 (a) whether the parties' written agreement providing
6 an alternative arrangement to immediate withholding under
7 paragraph (1) of subsection (B) continues to ensure
8 payment of support; or
9 (b) the identity of the obligor.
10 It shall not be grounds for filing a petition that the
11 obligor has made all payments due by the date of the
12 petition.
13 (4) If the obligor files a petition contesting
14 withholding within the 20-day period required under paragraph
15 (3), the Clerk of the Circuit Court shall notify the obligor
16 and the obligee or public office, as appropriate, of the time
17 and place of the hearing on the petition. The court shall
18 hold the hearing pursuant to the provisions of subsection
19 (F). regular or facsimile regular or facsimile
20 (E) Duties of Payor.
21 (1) It shall be the duty of any payor who has been
22 served with an income withholding notice to deduct and pay
23 over income as provided in this subsection. The payor shall
24 deduct the amount designated in the income withholding
25 notice, as supplemented by any notice provided pursuant to
26 paragraph (6) of subsection (G), beginning no later than the
27 next payment of income which is payable or creditable to the
28 obligor that occurs 14 days following the date the income
29 withholding notice was mailed, sent by facsimile or other
30 electronic means, or placed for personal delivery to or
31 service on the payor. The payor may combine all amounts
32 withheld for the benefit of an obligee or public office into
33 a single payment and transmit the payment with a listing of
34 obligors from whom withholding has been effected. The payor
SB1700 Engrossed -34- LRB9009117DJcdA
1 shall pay the amount withheld to the obligee or public office
2 within 7 business days after the date the amount would (but
3 for the duty to withhold income) have been paid or credited
4 to the obligor. If the payor knowingly fails to pay any
5 amount withheld to the obligee or public office within 7
6 business days after the date the amount would have been paid
7 or credited to the obligor, the payor shall pay a penalty of
8 $100 for each day that the withheld amount is not paid to the
9 obligee or public office after the period of 7 business days
10 has expired. The failure of a payor, on more than one
11 occasion, to pay amounts withheld to the obligee or public
12 office within 7 business days after the date the amount would
13 have been paid or credited to the obligor creates a
14 presumption that the payor knowingly failed to pay over the
15 amounts. This penalty may be collected in a civil action
16 which may be brought against the payor in favor of the
17 obligee or public office. A finding of a payor's
18 nonperformance within the time required under this Section
19 must be documented by a certified mail return receipt showing
20 the date the income order for withholding notice was served
21 on the payor. For purposes of this Section, a withheld amount
22 shall be considered paid by a payor on the date it is mailed
23 by the payor, or on the date an electronic funds transfer of
24 the amount has been initiated by the payor, or on the date
25 delivery of the amount has been initiated by the payor. For
26 each deduction, the payor shall provide the obligee or public
27 office, at the time of transmittal, with the date the amount
28 would (but for the duty to withhold income) have been paid or
29 credited to the obligor.
30 Upon receipt of an income withholding notice requiring
31 that a minor child be named as a beneficiary of a health
32 insurance plan available through an employer or labor union
33 or trade union, the employer or labor union or trade union
34 shall immediately enroll the minor child as a beneficiary in
SB1700 Engrossed -35- LRB9009117DJcdA
1 the health insurance plan designated by the income
2 withholding notice. The employer shall withhold any required
3 premiums and pay over any amounts so withheld and any
4 additional amounts the employer pays to the insurance carrier
5 in a timely manner. The employer or labor union or trade
6 union shall mail to the obligee, within 15 days of enrollment
7 or upon request, notice of the date of coverage, information
8 on the dependent coverage plan, and all forms necessary to
9 obtain reimbursement for covered health expenses, such as
10 would be made available to a new employee. When an order for
11 dependent coverage is in effect and the insurance coverage is
12 terminated or changed for any reason, the employer or labor
13 union or trade union shall notify the obligee within 10 days
14 of the termination or change date along with notice of
15 conversion privileges.
16 For withholding of income, the payor shall be entitled to
17 receive a fee not to exceed $5 per month to be taken from the
18 income to be paid to the obligor.
19 (2) Whenever the obligor is no longer receiving income
20 from the payor, the payor shall return a copy of the income
21 withholding notice to the obligee or public office and shall
22 provide information for the purpose of enforcing this
23 Section.
24 (3) Withholding of income under this Section shall be
25 made without regard to any prior or subsequent garnishments,
26 attachments, wage assignments, or any other claims of
27 creditors. Withholding of income under this Section shall
28 not be in excess of the maximum amounts permitted under the
29 federal Consumer Credit Protection Act. If the payor has been
30 served with more than one income withholding notice
31 pertaining to the same obligor, the payor shall allocate
32 income available for withholding on a proportionate share
33 basis, giving priority to current support payments. If there
34 is any income available for withholding after withholding for
SB1700 Engrossed -36- LRB9009117DJcdA
1 all current support obligations, the payor shall allocate the
2 income to past due support payments ordered in cases in which
3 cash assistance under this Code is not being provided to the
4 obligee and then to past due support payments ordered in
5 cases in which cash assistance under this Code is being
6 provided to the obligee, both on a proportionate share basis.
7 A payor who complies with an income withholding notice that
8 is regular on its face shall not be subject to civil
9 liability with respect to any individual, any agency, or any
10 creditor of the obligor for conduct in compliance with the
11 notice.
12 (4) No payor shall discharge, discipline, refuse to hire
13 or otherwise penalize any obligor because of the duty to
14 withhold income.
15 (F) Petitions to Contest Withholding or to Modify, Suspend,
16 Terminate, or Correct Income Withholding Notices.
17 (1) When an obligor files a petition to contest
18 withholding, the court, after due notice to all parties,
19 shall hear the matter as soon as practicable and shall enter
20 an order granting or denying relief, ordering service of an
21 amended income withholding notice, where applicable, or
22 otherwise resolving the matter.
23 The court shall deny the obligor's petition if the court
24 finds that when the income withholding notice was mailed,
25 sent by facsimile transmission or other electronic means, or
26 placed for personal delivery to or service on the payor:
27 (a) A delinquency existed; or
28 (b) The parties' written agreement providing an
29 alternative arrangement to immediate withholding under
30 paragraph (1) of subsection (B) no longer ensured payment
31 of support.
32 (2) At any time, an obligor, obligee, public office or
33 Clerk of the Circuit Court may petition the court to:
34 (a) Modify, suspend or terminate the income
SB1700 Engrossed -37- LRB9009117DJcdA
1 withholding notice because of a modification, suspension
2 or termination of the underlying order for support; or
3 (b) Modify the amount of income to be withheld to
4 reflect payment in full or in part of the delinquency or
5 arrearage by income withholding or otherwise; or
6 (c) Suspend the income withholding notice because
7 of inability to deliver income withheld to the obligee
8 due to the obligee's failure to provide a mailing address
9 or other means of delivery.
10 (3) At any time an obligor may petition the court to
11 correct a term contained in an income withholding notice to
12 conform to that stated in the underlying order for support
13 for:
14 (a) The amount of current support;
15 (b) The amount of the arrearage;
16 (c) The periodic amount for payment of the
17 arrearage; or
18 (d) The periodic amount for payment of the
19 delinquency.
20 (4) The obligor, obligee or public office shall serve on
21 the payor, in the manner provided for service of income
22 withholding notices in paragraph (7) of subsection (B), a
23 copy of any order entered pursuant to this subsection that
24 affects the duties of the payor.
25 (5) At any time, a public office or Clerk of the Circuit
26 Court may serve a notice on the payor to:
27 (a) Cease withholding of income for payment of
28 current support for a child when the support obligation
29 for that child has automatically ceased under the order
30 for support through emancipation or otherwise; or
31 (b) Cease withholding of income for payment of
32 delinquency or arrearage when the delinquency or
33 arrearage has been paid in full.
34 (6) The notice provided for under paragraph (5) of this
SB1700 Engrossed -38- LRB9009117DJcdA
1 subsection shall be served on the payor in the manner
2 provided for service of income withholding notices in
3 paragraph (7) of subsection (B), and a copy shall be provided
4 to the obligor and the obligee.
5 (7) The income withholding notice shall continue to be
6 binding upon the payor until service of an amended income
7 withholding notice or any order of the court or notice
8 entered or provided for under this subsection.
9 (G) Additional Duties.
10 (1) An obligee who is receiving income withholding
11 payments under this Section shall notify the payor, if the
12 obligee receives the payments directly from the payor, or the
13 public office or the Clerk of the Circuit Court, as
14 appropriate, of any change of address within 7 days of such
15 change.
16 (2) An obligee who is a recipient of public aid shall
17 send a copy of any income withholding notice served by the
18 obligee to the Division of Child Support Enforcement of the
19 Illinois Department of Public Aid.
20 (3) Each obligor shall notify the obligee, the public
21 office, and the Clerk of the Circuit Court of any change of
22 address within 7 days.
23 (4) An obligor whose income is being withheld or who has
24 been served with a notice of delinquency pursuant to this
25 Section shall notify the obligee, the public office, and the
26 Clerk of the Circuit Court of any new payor, within 7 days.
27 (5) When the Illinois Department of Public Aid is no
28 longer authorized to receive payments for the obligee, it
29 shall, within 7 days, notify the payor or, where appropriate,
30 the Clerk of the Circuit Court, to redirect income
31 withholding payments to the obligee.
32 (6) The obligee or public office shall provide notice to
33 the payor and Clerk of the Circuit Court of any other support
34 payment made, including but not limited to, a set-off under
SB1700 Engrossed -39- LRB9009117DJcdA
1 federal and State law or partial payment of the delinquency
2 or arrearage, or both.
3 (7) Any public office and Clerk of the Circuit Court
4 which collects, disburses or receives payments pursuant to
5 income withholding notices shall maintain complete, accurate,
6 and clear records of all payments and their disbursements.
7 Certified copies of payment records maintained by a public
8 office or Clerk of the Circuit Court shall, without further
9 proof, be admitted into evidence in any legal proceedings
10 under this Section.
11 (8) The Illinois Department of Public Aid shall design
12 suggested legal forms for proceeding under this Section and
13 shall make available to the courts such forms and
14 informational materials which describe the procedures and
15 remedies set forth herein for distribution to all parties in
16 support actions.
17 (9) At the time of transmitting each support payment,
18 the clerk of the circuit court shall provide the obligee or
19 public office, as appropriate, with any information furnished
20 by the payor as to the date the amount would (but for the
21 duty to withhold income) have been paid or credited to the
22 obligor.
23 (H) Penalties.
24 (1) Where a payor wilfully fails to withhold or pay over
25 income pursuant to a properly served income withholding
26 notice, or wilfully discharges, disciplines, refuses to hire
27 or otherwise penalizes an obligor as prohibited by subsection
28 (E), or otherwise fails to comply with any duties imposed by
29 this Section, the obligee, public office or obligor, as
30 appropriate, may file a complaint with the court against the
31 payor. The clerk of the circuit court shall notify the
32 obligee or public office, as appropriate, and the obligor and
33 payor of the time and place of the hearing on the complaint.
34 The court shall resolve any factual dispute including, but
SB1700 Engrossed -40- LRB9009117DJcdA
1 not limited to, a denial that the payor is paying or has paid
2 income to the obligor. Upon a finding in favor of the
3 complaining party, the court:
4 (a) Shall enter judgment and direct the enforcement
5 thereof for the total amount that the payor wilfully
6 failed to withhold or pay over; and
7 (b) May order employment or reinstatement of or
8 restitution to the obligor, or both, where the obligor
9 has been discharged, disciplined, denied employment or
10 otherwise penalized by the payor and may impose a fine
11 upon the payor not to exceed $200.
12 (2) Any obligee, public office or obligor who wilfully
13 initiates a false proceeding under this Section or who
14 wilfully fails to comply with the requirements of this
15 Section shall be punished as in cases of contempt of court.
16 (I) Alternative Procedures for Service of an Income
17 Withholding Notice.
18 (1) The procedures of this subsection may be used in any
19 matter to serve an income withholding notice on a payor if:
20 (a) For any reason the most recent order for
21 support entered does not contain the income withholding
22 provisions required under subsection (B), irrespective of
23 whether a separate order for withholding was entered
24 prior to July 1, 1997; and
25 (b) The obligor has accrued a delinquency after
26 entry of the most recent order for support.
27 (2) The obligee or public office shall prepare and serve
28 the income withholding notice in accordance with the
29 provisions of subsection (C), except that the notice shall
30 contain a periodic amount for payment of the delinquency
31 equal to 20% of the total of the current support amount and
32 the amount to be paid periodically for payment of any
33 arrearage stated in the most recent order for support.
34 (3) If the obligor requests in writing that income
SB1700 Engrossed -41- LRB9009117DJcdA
1 withholding become effective prior to the obligor accruing a
2 delinquency under the most recent order for support, the
3 obligee or public office may prepare and serve an income
4 withholding notice on the payor as provided in subsection
5 (B). In addition to filing proofs of service of the income
6 withholding notice on the payor and the obligor, the obligee
7 or public office shall file a copy of the obligor's written
8 request for income withholding with the Clerk of the Circuit
9 Court.
10 (4) All other provisions of this Section shall be
11 applicable with respect to the provisions of this subsection
12 (I).
13 (J) Remedies in Addition to Other Laws.
14 (1) The rights, remedies, duties and penalties created
15 by this Section are in addition to and not in substitution
16 for any other rights, remedies, duties and penalties created
17 by any other law.
18 (2) Nothing in this Section shall be construed as
19 invalidating any assignment of wages or benefits executed
20 prior to January 1, 1984 or any order for withholding served
21 prior to July 1, 1997.
22 (Source: P.A. 89-507, eff. 7-1-97; 90-18, eff. 7-1-97;
23 90-425, eff. 8-15-97; revised 9-29-97.)
24 (305 ILCS 5/10-17.1) (from Ch. 23, par. 10-17.1)
25 Sec. 10-17.1. Administrative Order by Registration. The
26 Illinois Department may provide by rule for the
27 administrative registration of a support order entered by a
28 court or administrative body of another this or any other
29 state. The purpose of registration shall be to enforce or
30 modify the order in accordance with the provisions of the
31 Uniform Interstate Family Support Act. Registration shall be
32 for the sole purpose of enforcing the registered order and
33 shall not confer jurisdiction on the Illinois Department for
SB1700 Engrossed -42- LRB9009117DJcdA
1 any other purpose, including modification. Upon
2 registration, such support order shall become an
3 administrative order of the Child and Spouse Support Unit by
4 operation of law. The rule shall provide for notice to and
5 an opportunity to be heard by the responsible relative and
6 custodial parent affected, and any final administrative
7 decision rendered by the Department shall be reviewed only
8 under and in accordance with the Administrative Review Law.
9 Any new or existing support order registered by the
10 Illinois Department under this Section shall be deemed to be
11 a series of judgments against the person obligated to pay
12 support thereunder, each such judgment to be in the amount of
13 each payment or installment of support and each such judgment
14 to be deemed entered as of the date the corresponding payment
15 or installment becomes due under the terms of the support
16 order. Each such judgment shall be enforceable in the same
17 manner as any other judgment in this State. A lien arises by
18 operation of law against the real and personal property of
19 the noncustodial parent for each installment of overdue
20 support owed by the noncustodial parent.
21 A one-time charge of 20% is imposable upon the amount of
22 past-due child support owed on July 1, 1988, which has
23 accrued under a support order registered by the Illinois
24 Department under this Section. The charge shall be imposed
25 in accordance with the provisions of Section 10-21 and shall
26 be enforced by the court in a suit filed under Section 10-15.
27 (Source: P.A. 90-18, eff. 7-1-97.)
28 (305 ILCS 5/10-17.7)
29 Sec. 10-17.7. Administrative determination of paternity.
30 The Illinois Department may provide by rule for the
31 administrative determination of paternity by the Child and
32 Spouse Support Unit in cases involving applicants for or
33 recipients of financial aid under Article IV of this Act and
SB1700 Engrossed -43- LRB9009117DJcdA
1 other persons who are given access to the child and spouse
2 support services of this Article as provided in Section 10-1,
3 including persons similarly situated and receiving similar
4 services in other states. The rules shall extend to cases in
5 which the mother and alleged father voluntarily acknowledge
6 paternity in the form required by the Illinois Department, or
7 agree to be bound by the results of genetic testing, or in
8 which the alleged father has failed to respond to a
9 notification of support obligation issued under Section 10-4,
10 and for purposes of the program provided for under Section
11 12-4.31 to cases of contested paternity involving only
12 applicants for or recipients of assistance under Articles IV,
13 V and VI of this Code. Any presumption provided for under
14 the Illinois Parentage Act of 1984 shall apply to cases in
15 which paternity is determined under the rules of the Illinois
16 Department. The rules shall provide for notice and an
17 opportunity to be heard by the responsible relative and the
18 person receiving child and spouse support services under this
19 Article affected if paternity is not voluntarily
20 acknowledged, and any final administrative decision rendered
21 by the Illinois Department shall be reviewed only under and
22 in accordance with the Administrative Review Law.
23 Determinations of paternity made by the Illinois Department
24 under the rules authorized by this Section shall have the
25 full force and effect of a court judgment of paternity
26 entered under the Illinois Parentage Act of 1984.
27 In determining paternity in contested cases, the Illinois
28 Department shall conduct the evidentiary hearing in
29 accordance with Section 11 of the Parentage Act of 1984,
30 except that references in that Section to "the court" shall
31 be deemed to mean the Illinois Department's hearing officer
32 in cases in which paternity is determined administratively by
33 the Illinois Department.
34 Notwithstanding any other provision of this Article, and
SB1700 Engrossed -44- LRB9009117DJcdA
1 regarding only cases included in the program provided for
2 under Section 12-4.31 of this Code, a default determination
3 of paternity may be made if service of the notice under
4 Section 10-4 was made by publication under the rules for
5 administrative paternity determination authorized by this
6 Section. The rules as they pertain to service by publication
7 shall (i) be based on the provisions of Section 2-206 and
8 2-207 of the Code of Civil Procedure, (ii) provide for
9 service by publication in cases in which the whereabouts of
10 the alleged father are unknown after diligent location
11 efforts by the Child and Spouse Support Unit, and (iii)
12 provide for publication of a notice of default paternity
13 determination in the same manner that the notice under
14 Section 10-4 was published.
15 Notwithstanding the limitation on review of final
16 administrative decisions contained in the first paragraph of
17 this Section, a man administratively determined to be the
18 father of a child by default, if the notice under Section
19 10-4 was served by publication, may bring a petition in the
20 circuit court for relief from the administrative
21 determination of paternity on the same grounds provided for
22 relief from judgments under Section 2-1401 of the Code of
23 Civil Procedure. The petition must be filed not later than 2
24 years after notice of the default determination was published
25 in accordance with the rules of the Illinois Department.
26 Allegations in the petition made without reasonable cause and
27 found to be untrue shall subject the petitioner or his
28 attorney, or both, to the payment of reasonable costs and
29 attorney's fees incurred by the Illinois Department in
30 defending against the petition.
31 The Illinois Department may implement this Section
32 through the use of emergency rules in accordance with Section
33 5-45 of the Illinois Administrative Procedure Act. For
34 purposes of the Illinois Administrative Procedure Act, the
SB1700 Engrossed -45- LRB9009117DJcdA
1 adoption of rules to implement this Section shall be
2 considered an emergency and necessary for the public
3 interest, safety, and welfare.
4 (Source: P.A. 88-687, eff. 1-24-95; 89-6, eff. 3-6-95;
5 89-641, eff. 8-9-96.)
6 (305 ILCS 5/10-22 rep.)
7 (305 ILCS 5/12-4.31 rep.)
8 Section 6. The Illinois Public Aid Code is amended by
9 repealing Sections 10-22 and 12-4.31.
10 Section 8. The Vital Records Act is amended by changing
11 Section 12 as follows:
12 (410 ILCS 535/12) (from Ch. 111 1/2, par. 73-12)
13 Sec. 12. Live births; place of registration.
14 (1) Each live birth which occurs in this State shall be
15 registered with the local or subregistrar of the district in
16 which the birth occurred as provided in this Section, within
17 7 days after the birth. When a birth occurs on a moving
18 conveyance, the city, village, township, or road district in
19 which the child is first removed from the conveyance shall be
20 considered the place of birth and a birth certificate shall
21 be filed in the registration district in which the place is
22 located.
23 (2) When a birth occurs in an institution, the person in
24 charge of the institution or his designated representative
25 shall obtain and record all the personal and statistical
26 particulars relative to the parents of the child that are
27 required to properly complete the live birth certificate;
28 shall secure the required personal signatures on the hospital
29 worksheet; shall prepare the certificate from this worksheet;
30 and shall file the certificate with the local registrar. The
31 institution shall retain the hospital worksheet permanently
SB1700 Engrossed -46- LRB9009117DJcdA
1 or as otherwise specified by rule. The physician in
2 attendance shall verify or provide the date of birth and
3 medical information required by the certificate, within 24
4 hours after the birth occurs.
5 (3) When a birth occurs outside an institution, the
6 certificate shall be prepared and filed by one of the
7 following in the indicated order of priority:
8 (a) The physician in attendance at or immediately
9 after the birth, or in the absence of such a person,
10 (b) Any other person in attendance at or
11 immediately after the birth, or in the absence of such a
12 person,
13 (c) The father, the mother, or in the absence of
14 the father and the inability of the mother, the person in
15 charge of the premises where the birth occurred.
16 (4) Unless otherwise provided in this Act, if the mother
17 was not married to the father of the child at either the time
18 of conception or the time of birth, the name of the father
19 shall be entered on the child's birth certificate only if the
20 mother and the person to be named as the father have signed
21 an acknowledgment of parentage in accordance with subsection
22 (5).
23 Unless otherwise provided in this Act, if the mother was
24 married at the time of conception or birth and the presumed
25 father (that is, the mother's husband) is not the biological
26 father of the child, the name of the biological father shall
27 be entered on the child's birth certificate only if, in
28 accordance with subsection (5), (i) the mother and the person
29 to be named as the father have signed an acknowledgment of
30 parentage and (ii) the mother and presumed father have signed
31 a denial of paternity.
32 (5) Upon the birth of a child to an unmarried woman, or
33 upon the birth of a child to a woman who was married at the
34 time of conception or birth and whose husband is not the
SB1700 Engrossed -47- LRB9009117DJcdA
1 biological father of the child, the institution at the time
2 of birth and the local registrar or county clerk after the
3 birth shall do the following:
4 (a) Provide (i) an opportunity for the child's
5 mother and father to sign an acknowledgment of parentage
6 and (ii) if the presumed father is not the biological
7 father, an opportunity for the mother and presumed father
8 to sign a denial of paternity. The signing and
9 witnessing of the acknowledgment of parentage or, if the
10 presumed father of the child is not the biological
11 father, the acknowledgment of parentage and denial of
12 paternity conclusively establishes a parent and child
13 relationship in accordance with Sections 5 and 6 of the
14 Illinois Parentage Act of 1984.
15 The Illinois Department of Public Aid shall furnish
16 the acknowledgment of parentage and denial of paternity
17 form to institutions, county clerks, and State and local
18 registrars' offices. The form shall include instructions
19 to send the original signed and witnessed acknowledgment
20 of parentage and denial of paternity to the Illinois
21 Department of Public Aid.
22 (b) Provide the following documents, furnished by
23 the Illinois Department of Public Aid, to the child's
24 mother, biological father, and (if the person presumed to
25 be the child's father is not the biological father)
26 presumed father for their review at the time the
27 opportunity is provided to establish a parent and child
28 relationship:
29 (i) An explanation of the implications of,
30 alternatives to, legal consequences of, and the
31 rights and responsibilities that arise from signing
32 an acknowledgment of parentage and, if necessary, a
33 denial of paternity, including an explanation of the
34 parental rights and responsibilities of child
SB1700 Engrossed -48- LRB9009117DJcdA
1 support, visitation, custody, retroactive support,
2 health insurance coverage, and payment of birth
3 expenses.
4 (ii) An explanation of the benefits of having
5 a child's parentage established and the availability
6 of parentage establishment and support enforcement
7 services.
8 (iii) A request for an application for child
9 support services from the Illinois Department of
10 Public Aid.
11 (iv) Instructions concerning the opportunity
12 to speak, either by telephone or in person, with
13 staff of the Illinois Department of Public Aid who
14 are trained to clarify information and answer
15 questions about paternity establishment.
16 (v) Instructions for completing and signing
17 the acknowledgment of parentage and denial of
18 paternity.
19 (c) Provide an oral explanation of the documents
20 and instructions set forth in subdivision (5)(b),
21 including an explanation of the implications of,
22 alternatives to, legal consequences of, and the rights
23 and responsibilities that arise from signing an
24 acknowledgment of parentage and, if necessary, a denial
25 of paternity. The oral explanation may be given in
26 person or through the use of video or audio equipment.
27 (6) The institution, State or local registrar, or county
28 clerk shall provide an opportunity for the child's father or
29 mother to sign a rescission of parentage. The signing and
30 witnessing of the rescission of parentage voids the
31 acknowledgment of parentage and nullifies the presumption of
32 paternity if executed and filed with the Illinois Department
33 of Public Aid within the time frame contained in Section 5 of
34 the Illinois Parentage Act of 1984. The Illinois Department
SB1700 Engrossed -49- LRB9009117DJcdA
1 of Public Aid shall furnish the rescission of parentage form
2 to institutions, county clerks, and State and local
3 registrars' offices. The form shall include instructions to
4 send the original signed and witnessed rescission of
5 parentage to the Illinois Department of Public Aid.
6 (7) An acknowledgment of paternity signed pursuant to
7 Section 6 of the Illinois Parentage Act of 1984 may be
8 challenged in court only on the basis of fraud, duress, or
9 material mistake of fact, with the burden of proof upon the
10 challenging party. Pending outcome of a challenge to the
11 acknowledgment of paternity, the legal responsibilities of
12 the signatories shall remain in full force and effect, except
13 upon order of the court upon a showing of good cause.
14 (8) When the process for acknowledgment of parentage as
15 provided for under subsection (5) establishes the paternity
16 of a child whose certificate of birth is on file in another
17 state, the Illinois Department of Public Aid shall forward a
18 copy of the acknowledgment of parentage, the denial of
19 paternity, if applicable, and the rescission of parentage, if
20 applicable, to the birth record agency of the state where the
21 child's certificate of birth is on file.
22 (Source: P.A. 89-641, eff. 8-9-96; 90-18, eff. 7-1-97)
23 Section 10. The Illinois Marriage and Dissolution of
24 Marriage Act is amended by changing Sections 507, 705, and
25 706.1 as follows:
26 (750 ILCS 5/507) (from Ch. 40, par. 507)
27 Sec. 507. Payment of maintenance or support to court.
28 (a) In actions instituted under this Act, the court
29 shall order that maintenance and support payments be made to
30 the clerk of court as trustee for remittance to the person
31 entitled to receive the payments. However, the court in its
32 discretion may direct otherwise where circumstances so
SB1700 Engrossed -50- LRB9009117DJcdA
1 warrant.
2 In cases in which a party is receiving child and spouse
3 support services under Article X of the Illinois Public Aid
4 Code and the order for support provides that child support
5 payments be made to the obligee, the Illinois Department of
6 Public Aid may provide notice to the obligor and the
7 obligor's payor, when income withholding is in effect under
8 Section 706.1 of this Act, to make all payments after receipt
9 of the Department's notice to the clerk of the court until
10 further notice by the Department or order of the court.
11 Copies of the notice shall be provided to the obligee and the
12 clerk. The clerk's copy shall contain a proof of service on
13 the obligor and the obligor's payor, where applicable. The
14 clerk shall file the clerk's copy of the notice in the court
15 file. The notice to the obligor and the payor, if applicable,
16 may be sent by ordinary mail, certified mail, return receipt
17 requested, facsimile transmission, or other electronic
18 process, or may be served upon the obligor or payor using any
19 method provided by law for service of a summons. An obligor
20 who fails to comply with a notice provided under this
21 paragraph is guilty of a Class B misdemeanor. A payor who
22 fails to comply with a notice provided under this paragraph
23 is guilty of a business offense and subject to a fine of up
24 to $1,000.
25 Upon notification in writing or by electronic
26 transmission from the Illinois Department of Public Aid to
27 the clerk of the court that a person who is receiving support
28 payments under this Section is receiving services under the
29 Child Support Enforcement Program established by Title IV-D
30 of the Social Security Act, any support payments subsequently
31 received by the clerk of the court shall be transmitted in
32 accordance with the instructions of the Illinois Department
33 of Public Aid until the Department gives notice to the clerk
34 of the court to cease the transmittal. After providing the
SB1700 Engrossed -51- LRB9009117DJcdA
1 notification authorized under this paragraph, the Illinois
2 Department of Public Aid shall be entitled as a party to
3 notice of any further proceedings in the case. The clerk of
4 the court shall file a copy of the Illinois Department of
5 Public Aid's notification in the court file. The failure of
6 the clerk to file a copy of the notification in the court
7 file shall not, however, affect the Illinois Department of
8 Public Aid's right to receive notice of further proceedings.
9 (b) The clerk of court shall maintain records listing
10 the amount of payments, the date payments are required to be
11 made and the names and addresses of the parties affected by
12 the order. For those cases in which support is payable to the
13 clerk of the circuit court for transmittal to the Illinois
14 Department of Public Aid by order of the court or upon
15 notification of the Illinois Department of Public Aid, and
16 the Illinois Department of Public Aid collects support by
17 assignment, offset, withholding, deduction or other process
18 permitted by law, the Illinois Department shall notify the
19 clerk of the date and amount of such collection. Upon
20 notification, the clerk shall record the collection on the
21 payment record for the case.
22 (c) The parties affected by the order shall inform the
23 clerk of court of any change of address or of other condition
24 that may affect the administration of the order.
25 (d) The provisions of this Section shall not apply to
26 cases that come under the provisions of Sections 709 through
27 712.
28 (Source: P.A. 90-18, eff. 7-1-97.)
29 (750 ILCS 5/705) (from Ch. 40, par. 705)
30 Sec. 705. Support payments; receiving and disbursing
31 agents.
32 (1) The provisions of this Section shall apply, except
33 as provided in Sections 709 through 712.
SB1700 Engrossed -52- LRB9009117DJcdA
1 (2) In a dissolution of marriage action filed in a
2 county of less than 3 million population in which an order or
3 judgment for child support is entered, and in supplementary
4 proceedings in any such county to enforce or vary the terms
5 of such order or judgment arising out of an action for
6 dissolution of marriage filed in such county, the court,
7 except as it otherwise orders, under subsection (4) of this
8 Section, may direct that child support payments be made to
9 the clerk of the court.
10 (3) In a dissolution of marriage action filed in any
11 county of 3 million or more population in which an order or
12 judgment for child support is entered, and in supplementary
13 proceedings in any such county to enforce or vary the terms
14 of such order or judgment arising out of an action for
15 dissolution of marriage filed in such county, the court,
16 except as it otherwise orders under subsection (4) of this
17 Section, may direct that child support payments be made
18 either to the clerk of the court or to the Court Service
19 Division of the County Department of Public Aid. After the
20 effective date of this Act, the court, except as it otherwise
21 orders under subsection (4) of this Section, may direct that
22 child support payments be made either to the clerk of the
23 court or to the Illinois Department of Public Aid.
24 (4) In a dissolution of marriage action or supplementary
25 proceedings involving maintenance or child support payments,
26 or both, to persons who are recipients of aid under the
27 Illinois Public Aid Code, the court shall direct that such
28 payments be made to (a) the Illinois Department of Public Aid
29 if the persons are recipients under Articles III, IV, or V of
30 the Code, or (b) the local governmental unit responsible for
31 their support if they are recipients under Articles VI or VII
32 of the Code. In accordance with federal law and regulations,
33 the Illinois Department of Public Aid may continue to collect
34 current maintenance payments or child support payments, or
SB1700 Engrossed -53- LRB9009117DJcdA
1 both, after those persons cease to receive public assistance
2 and until termination of services under Article X of the
3 Illinois Public Aid Code. The Illinois Department of Public
4 Aid shall pay the net amount collected to those persons after
5 deducting any costs incurred in making the collection or any
6 collection fee from the amount of any recovery made. The
7 order shall permit the Illinois Department of Public Aid or
8 the local governmental unit, as the case may be, to direct
9 that payments be made directly to the former spouse, the
10 children, or both, or to some person or agency in their
11 behalf, upon removal of the former spouse or children from
12 the public aid rolls or upon termination of services under
13 Article X of the Illinois Public Aid Code; and upon such
14 direction, the Illinois Department or local governmental
15 unit, as the case requires, shall give notice of such action
16 to the court in writing or by electronic transmission.
17 (5) All clerks of the court and the Court Service
18 Division of a County Department of Public Aid and, after the
19 effective date of this Act, all clerks of the court and the
20 Illinois Department of Public Aid, receiving child support
21 payments under subsections (2) and (3) of this Section shall
22 disburse the payments to the person or persons entitled
23 thereto under the terms of the order or judgment. They shall
24 establish and maintain current records of all moneys received
25 and disbursed and of defaults and delinquencies in required
26 payments. The court, by order or rule, shall make provision
27 for the carrying out of these duties.
28 In cases in which a party is receiving child and spouse
29 support services under Article X of the Illinois Public Aid
30 Code and the order for support provides that child support
31 payments be made to the obligee, the Illinois Department of
32 Public Aid may provide notice to the obligor and the
33 obligor's payor, when income withholding is in effect under
34 Section 706.1 of this Act, to make all payments after receipt
SB1700 Engrossed -54- LRB9009117DJcdA
1 of the Department's notice to the clerk of the court until
2 further notice by the Department or order of the court.
3 Copies of the notice shall be provided to the obligee and the
4 clerk. The clerk's copy shall contain a proof of service on
5 the obligor and the obligor's payor, where applicable. The
6 clerk shall file the clerk's copy of the notice in the court
7 file. The notice to the obligor and the payor, if applicable,
8 may be sent by ordinary mail, certified mail, return receipt
9 requested, facsimile transmission, or other electronic
10 process, or may be served upon the obligor or payor using any
11 method provided by law for service of a summons. An obligor
12 who fails to comply with a notice provided under this
13 paragraph is guilty of a Class B misdemeanor. A payor who
14 fails to comply with a notice provided under this paragraph
15 is guilty of a business offense and subject to a fine of up
16 to $1,000.
17 Upon notification in writing or by electronic
18 transmission from the Illinois Department of Public Aid to
19 the clerk of the court that a person who is receiving support
20 payments under this Section is receiving services under the
21 Child Support Enforcement Program established by Title IV-D
22 of the Social Security Act, any support payments subsequently
23 received by the clerk of the court shall be transmitted in
24 accordance with the instructions of the Illinois Department
25 of Public Aid until the Department gives notice to the clerk
26 of the court to cease the transmittal. After providing the
27 notification authorized under this paragraph, the Illinois
28 Department of Public Aid shall be entitled as a party to
29 notice of any further proceedings in the case. The clerk of
30 the court shall file a copy of the Illinois Department of
31 Public Aid's notification in the court file. The failure of
32 the clerk to file a copy of the notification in the court
33 file shall not, however, affect the Illinois Department of
34 Public Aid's right to receive notice of further proceedings.
SB1700 Engrossed -55- LRB9009117DJcdA
1 Payments under this Section to the Illinois Department of
2 Public Aid pursuant to the Child Support Enforcement Program
3 established by Title IV-D of the Social Security Act shall be
4 paid into the Child Support Enforcement Trust Fund. All other
5 payments under this Section to the Illinois Department of
6 Public Aid shall be deposited in the Public Assistance
7 Recoveries Trust Fund. Disbursements from these funds shall
8 be as provided in the Illinois Public Aid Code. Payments
9 received by a local governmental unit shall be deposited in
10 that unit's General Assistance Fund. Any order of court
11 directing payment of child support to a clerk of court or the
12 Court Service Division of a County Department of Public Aid,
13 which order has been entered on or after August 14, 1961, and
14 prior to the effective date of this Act, may be amended by
15 the court in line with this Act; and orders involving
16 payments of maintenance or child support to recipients of
17 public aid may in like manner be amended to conform to this
18 Act.
19 (6) No filing fee or costs will be required in any
20 action brought at the request of the Illinois Department of
21 Public Aid in any proceeding under this Act. However, any
22 such fees or costs may be assessed by the court against the
23 respondent in the court's order of support or any
24 modification thereof in a proceeding under this Act.
25 (7) For those cases in which child support is payable to
26 the clerk of the circuit court for transmittal to the
27 Illinois Department of Public Aid by order of court or upon
28 notification by the Illinois Department of Public Aid, the
29 clerk shall transmit all such payments, within 4 working days
30 of receipt, to insure that funds are available for immediate
31 distribution by the Department to the person or entity
32 entitled thereto in accordance with standards of the Child
33 Support Enforcement Program established under Title IV-D of
34 the Social Security Act. The clerk shall notify the
SB1700 Engrossed -56- LRB9009117DJcdA
1 Department of the date of receipt and amount thereof at the
2 time of transmittal. Where the clerk has entered into an
3 agreement of cooperation with the Department to record the
4 terms of child support orders and payments made thereunder
5 directly into the Department's automated data processing
6 system, the clerk shall account for, transmit and otherwise
7 distribute child support payments in accordance with such
8 agreement in lieu of the requirements contained herein.
9 In any action filed in a county with a population of
10 1,000,000 or less, the court shall assess against the
11 respondent in any order of maintenance or child support any
12 sum up to $36 annually authorized by ordinance of the county
13 board to be collected by the clerk of the court as costs for
14 administering the collection and disbursement of maintenance
15 and child support payments. Such sum shall be in addition to
16 and separate from amounts ordered to be paid as maintenance
17 or child support.
18 (Source: P.A. 90-18, eff. 7-1-97.)
19 (750 ILCS 5/706.1) (from Ch. 40, par. 706.1)
20 Sec. 706.1. Withholding of Income to Secure Payment of
21 Support.
22 (A) Definitions.
23 (1) "Order for support" means any order of the court
24 which provides for periodic payment of funds for the support
25 of a child or maintenance of a spouse, whether temporary or
26 final, and includes any such order which provides for:
27 (a) Modification or resumption of, or payment of
28 arrearage accrued under, a previously existing order;
29 (b) Reimbursement of support; or
30 (c) Enrollment in a health insurance plan that is
31 available to the obligor through an employer or labor
32 union or trade union.
33 (2) "Arrearage" means the total amount of unpaid support
SB1700 Engrossed -57- LRB9009117DJcdA
1 obligations as determined by the court and incorporated into
2 an order for support.
3 (2.5) "Business day" means a day on which State offices
4 are open for regular business.
5 (3) "Delinquency" means any payment under an order for
6 support which becomes due and remains unpaid after entry of
7 the order for support.
8 (4) "Income" means any form of periodic payment to an
9 individual, regardless of source, including, but not limited
10 to: wages, salary, commission, compensation as an independent
11 contractor, workers' compensation, disability, annuity,
12 pension, and retirement benefits, lottery prize awards,
13 insurance proceeds, vacation pay, bonuses, profit-sharing
14 payments, interest, and any other payments, made by any
15 person, private entity, federal or state government, any unit
16 of local government, school district or any entity created by
17 Public Act; however, "income" excludes:
18 (a) Any amounts required by law to be withheld,
19 other than creditor claims, including, but not limited
20 to, federal, State and local taxes, Social Security and
21 other retirement and disability contributions;
22 (b) Union dues;
23 (c) Any amounts exempted by the federal Consumer
24 Credit Protection Act;
25 (d) Public assistance payments; and
26 (e) Unemployment insurance benefits except as
27 provided by law.
28 Any other State or local laws which limit or exempt
29 income or the amount or percentage of income that can be
30 withheld shall not apply.
31 (5) "Obligor" means the individual who owes a duty to
32 make payments under an order for support.
33 (6) "Obligee" means the individual to whom a duty of
34 support is owed or the individual's legal representative.
SB1700 Engrossed -58- LRB9009117DJcdA
1 (7) "Payor" means any payor of income to an obligor.
2 (8) "Public office" means any elected official or any
3 State or local agency which is or may become responsible by
4 law for enforcement of, or which is or may become authorized
5 to enforce, an order for support, including, but not limited
6 to: the Attorney General, the Illinois Department of Public
7 Aid, the Illinois Department of Human Services, the Illinois
8 Department of Children and Family Services, and the various
9 State's Attorneys, Clerks of the Circuit Court and
10 supervisors of general assistance.
11 (9) "Premium" means the dollar amount for which the
12 obligor is liable to his employer or labor union or trade
13 union and which must be paid to enroll or maintain a child in
14 a health insurance plan that is available to the obligor
15 through an employer or labor union or trade union.
16 (B) Entry of Order for Support Containing Income Withholding
17 Provisions; Income Withholding Notice.
18 (1) In addition to any content required under other
19 laws, every order for support entered on or after July 1,
20 1997, shall:
21 (a) Require an income withholding notice to be
22 prepared and served immediately upon any payor of the
23 obligor by the obligee or public office, unless a written
24 agreement is reached between and signed by both parties
25 providing for an alternative arrangement, approved and
26 entered into the record by the court, which ensures
27 payment of support. In that case, the order for support
28 shall provide that an income withholding notice is to be
29 prepared and served only if the obligor becomes
30 delinquent in paying the order for support; and
31 (b) Contain a dollar amount to be paid until
32 payment in full of any delinquency that accrues after
33 entry of the order for support. The amount for payment
34 of delinquency shall not be less than 20% of the total of
SB1700 Engrossed -59- LRB9009117DJcdA
1 the current support amount and the amount to be paid
2 periodically for payment of any arrearage stated in the
3 order for support; and
4 (c) Include the obligor's Social Security Number,
5 which the obligor shall disclose to the court. If the
6 obligor is not a United States citizen, the obligor shall
7 disclose to the court, and the court shall include in the
8 order for support, the obligor's alien registration
9 number, passport number, and home country's social
10 security or national health number, if applicable.
11 (2) At the time the order for support is entered, the
12 Clerk of the Circuit Court shall provide a copy of the order
13 to the obligor and shall make copies available to the obligee
14 and public office.
15 (3) The income withholding notice shall:
16 (a) Be in the standard format prescribed by the
17 federal Department of Health and Human Services; and
18 (a-5) State the date of entry of the order for
19 support upon which the income withholding notice is
20 based; and
21 (b) Direct any payor to withhold the dollar amount
22 required for current support under the order for support;
23 and
24 (c) Direct any payor to withhold the dollar amount
25 required to be paid periodically under the order for
26 support for payment of the amount of any arrearage stated
27 in the order for support; and
28 (d) Direct any payor or labor union or trade union
29 to enroll a child as a beneficiary of a health insurance
30 plan and withhold or cause to be withheld, if applicable,
31 any required premiums; and
32 (e) State the amount of the payor income
33 withholding fee specified under this Section; and
34 (f) State that the amount actually withheld from
SB1700 Engrossed -60- LRB9009117DJcdA
1 the obligor's income for support and other purposes,
2 including the payor withholding fee specified under this
3 Section, may not be in excess of the maximum amount
4 permitted under the federal Consumer Credit Protection
5 Act; and
6 (g) State the duties of the payor and the fines and
7 penalties for failure to withhold and pay over income and
8 for discharging, disciplining, refusing to hire, or
9 otherwise penalizing the obligor because of the duty to
10 withhold and pay over income under this Section; and
11 (h) State the rights, remedies, and duties of the
12 obligor under this Section; and
13 (i) Include the obligor's Social Security Number;
14 and
15 (j) Include the date that withholding for current
16 support terminates, which shall be the date of
17 termination of the current support obligation set forth
18 in the order for support; and.
19 (k) Contain the signature of the obligee or the
20 printed name and telephone number of the authorized
21 representative of the public office, except that the
22 failure to contain the signature of the obligee or the
23 printed name and telephone number of the authorized
24 representative of the public office shall not affect the
25 validity of the income withholding notice.
26 (4) The accrual of a delinquency as a condition for
27 service of an income withholding notice, under the exception
28 to immediate withholding in paragraph (1) of this subsection,
29 shall apply only to the initial service of an income
30 withholding notice on a payor of the obligor.
31 (5) Notwithstanding the exception to immediate
32 withholding contained in paragraph (1) of this subsection, if
33 the court finds at the time of any hearing that an arrearage
34 has accrued, the court shall order immediate service of an
SB1700 Engrossed -61- LRB9009117DJcdA
1 income withholding notice upon the payor.
2 (6) If the order for support, under the exception to
3 immediate withholding contained in paragraph (1) of this
4 subsection, provides that an income withholding notice is to
5 be prepared and served only if the obligor becomes delinquent
6 in paying the order for support, the obligor may execute a
7 written waiver of that condition and request immediate
8 service on the payor.
9 (7) The obligee or public office may serve the income
10 withholding notice on the payor or its superintendent,
11 manager, or other agent by ordinary mail or certified mail
12 return receipt requested, by facsimile transmission or other
13 electronic means, by personal delivery, or by any method
14 provided by law for service of a summons. At the time of
15 service on the payor and as notice that withholding has
16 commenced, the obligee or public office shall serve a copy of
17 the income withholding notice on the obligor by ordinary mail
18 addressed to his or her last known address. A copy of the
19 income withholding notice together with proofs of service on
20 the payor and the obligor shall be filed with the Clerk of
21 the Circuit Court.
22 (8) At any time after the initial service of an income
23 withholding notice under this Section, any other payor of the
24 obligor may be served with the same income withholding notice
25 without further notice to the obligor. A copy of the income
26 withholding notice together with a proof of service on the
27 other payor shall be filed with the Clerk of the Circuit
28 Court.
29 (9) (4) New service of an income order for withholding
30 notice is not required in order to resume withholding of
31 income in the case of an obligor with respect to whom an
32 income order for withholding notice was previously served on
33 the payor if withholding of income was terminated because of
34 an interruption in the obligor's employment of less than 180
SB1700 Engrossed -62- LRB9009117DJcdA
1 days.
2 (C) Income Withholding After Accrual of Delinquency.
3 (1) Whenever an obligor accrues a delinquency, the
4 obligee or public office may prepare and serve upon the
5 obligor's payor an income withholding notice that:
6 (a) Contains the information required under
7 paragraph (3) of subsection (B); and
8 (b) Contains a computation of the period and total
9 amount of the delinquency as of the date of the notice;
10 and
11 (c) Directs the payor to withhold the dollar amount
12 required to be withheld periodically under the order for
13 support for payment of the delinquency.
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 to contest
22 withholding shall be limited to:
23 (a) A dispute concerning the existence or amount of
24 the delinquency; or
25 (b) The identity of the obligor.
26 The Clerk of the Circuit Court shall notify the obligor
27 and the obligee or public office of the time and place of the
28 hearing on the petition to contest withholding. The court
29 shall hold the hearing pursuant to the provisions of
30 subsection (F).
31 (D) Initiated Withholding.
32 (1) Notwithstanding any other provision of this Section,
33 if the court has not required that income withholding take
SB1700 Engrossed -63- LRB9009117DJcdA
1 effect immediately, the obligee or public office may initiate
2 withholding, regardless of whether a delinquency has accrued,
3 by preparing and serving an income withholding notice on the
4 payor that contains the information required under paragraph
5 (3) of subsection (B) and states that the parties' written
6 agreement providing an alternative arrangement to immediate
7 withholding under paragraph (1) of subsection (B) no longer
8 ensures payment of support due and the reason or reasons why
9 it does not.
10 (2) The income withholding notice and the obligor's copy
11 of the income withholding notice shall be served as provided
12 in paragraph (7) of subsection (B).
13 (3) The obligor may contest withholding commenced under
14 this subsection by filing a petition to contest withholding
15 with the Clerk of the Circuit Court within 20 days after
16 service of a copy of the income withholding notice on the
17 obligor. However, the grounds for the petition shall be
18 limited to a dispute concerning:
19 (a) whether the parties' written agreement providing
20 an alternative arrangement to immediate withholding under
21 paragraph (1) of subsection (B) continues to ensure
22 payment of support; or
23 (b) the identity of the obligor.
24 It shall not be grounds for filing a petition that the
25 obligor has made all payments due by the date of the
26 petition.
27 (4) If the obligor files a petition contesting
28 withholding within the 20-day period required under paragraph
29 (3), the Clerk of the Circuit Court shall notify the obligor
30 and the obligee or public office, as appropriate, of the time
31 and place of the hearing on the petition. The court shall
32 hold the hearing pursuant to the provisions of subsection
33 (F). regular or facsimile regular or facsimile
34 (E) Duties of Payor.
SB1700 Engrossed -64- LRB9009117DJcdA
1 (1) It shall be the duty of any payor who has been
2 served with an income withholding notice to deduct and pay
3 over income as provided in this subsection. The payor shall
4 deduct the amount designated in the income withholding
5 notice, as supplemented by any notice provided pursuant to
6 paragraph (6) of subsection (G), beginning no later than the
7 next payment of income which is payable or creditable to the
8 obligor that occurs 14 days following the date the income
9 withholding notice was mailed, sent by facsimile or other
10 electronic means, or placed for personal delivery to or
11 service on the payor. The payor may combine all amounts
12 withheld for the benefit of an obligee or public office into
13 a single payment and transmit the payment with a listing of
14 obligors from whom withholding has been effected. The payor
15 shall pay the amount withheld to the obligee or public office
16 within 7 business days after the date the amount would (but
17 for the duty to withhold income) have been paid or credited
18 to the obligor. If the payor knowingly fails to pay any
19 amount withheld to the obligee or public office within 7
20 business days after the date the amount would have been paid
21 or credited to the obligor, the payor shall pay a penalty of
22 $100 for each day that the withheld amount is not paid to the
23 obligee or public office after the period of 7 business days
24 has expired. The failure of a payor, on more than one
25 occasion, to pay amounts withheld to the obligee or public
26 office within 7 business days after the date the amount would
27 have been paid or credited to the obligor creates a
28 presumption that the payor knowingly failed to pay over the
29 amounts. This penalty may be collected in a civil action
30 which may be brought against the payor in favor of the
31 obligee or public office. A finding of a payor's
32 nonperformance within the time required under this Section
33 must be documented by a certified mail return receipt showing
34 the date the income order for withholding notice was served
SB1700 Engrossed -65- LRB9009117DJcdA
1 on the payor. For purposes of this Section, a withheld amount
2 shall be considered paid by a payor on the date it is mailed
3 by the payor, or on the date an electronic funds transfer of
4 the amount has been initiated by the payor, or on the date
5 delivery of the amount has been initiated by the payor. For
6 each deduction, the payor shall provide the obligee or public
7 office, at the time of transmittal, with the date the amount
8 would (but for the duty to withhold income) have been paid or
9 credited to the obligor.
10 Upon receipt of an income withholding notice requiring
11 that a minor child be named as a beneficiary of a health
12 insurance plan available through an employer or labor union
13 or trade union, the employer or labor union or trade union
14 shall immediately enroll the minor child as a beneficiary in
15 the health insurance plan designated by the income
16 withholding notice. The employer shall withhold any required
17 premiums and pay over any amounts so withheld and any
18 additional amounts the employer pays to the insurance carrier
19 in a timely manner. The employer or labor union or trade
20 union shall mail to the obligee, within 15 days of enrollment
21 or upon request, notice of the date of coverage, information
22 on the dependent coverage plan, and all forms necessary to
23 obtain reimbursement for covered health expenses, such as
24 would be made available to a new employee. When an order for
25 dependent coverage is in effect and the insurance coverage is
26 terminated or changed for any reason, the employer or labor
27 union or trade union shall notify the obligee within 10 days
28 of the termination or change date along with notice of
29 conversion privileges.
30 For withholding of income, the payor shall be entitled to
31 receive a fee not to exceed $5 per month to be taken from the
32 income to be paid to the obligor.
33 (2) Whenever the obligor is no longer receiving income
34 from the payor, the payor shall return a copy of the income
SB1700 Engrossed -66- LRB9009117DJcdA
1 withholding notice to the obligee or public office and shall
2 provide information for the purpose of enforcing this
3 Section.
4 (3) Withholding of income under this Section shall be
5 made without regard to any prior or subsequent garnishments,
6 attachments, wage assignments, or any other claims of
7 creditors. Withholding of income under this Section shall
8 not be in excess of the maximum amounts permitted under the
9 federal Consumer Credit Protection Act. If the payor has been
10 served with more than one income withholding notice
11 pertaining to the same obligor, the payor shall allocate
12 income available for withholding on a proportionate share
13 basis, giving priority to current support payments. If there
14 is any income available for withholding after withholding for
15 all current support obligations, the payor shall allocate the
16 income to past due support payments ordered in cases in which
17 cash assistance under the Illinois Public Aid Code is not
18 being provided to the obligee and then to past due support
19 payments ordered in cases in which cash assistance under the
20 Illinois Public Aid Code is being provided to the obligee,
21 both on a proportionate share basis. A payor who complies
22 with an income withholding notice that is regular on its face
23 shall not be subject to civil liability with respect to any
24 individual, any agency, or any creditor of the obligor for
25 conduct in compliance with the notice.
26 (4) No payor shall discharge, discipline, refuse to hire
27 or otherwise penalize any obligor because of the duty to
28 withhold income.
29 (F) Petitions to Contest Withholding or to Modify, Suspend,
30 Terminate, or Correct Income Withholding Notices.
31 (1) When an obligor files a petition to contest
32 withholding, the court, after due notice to all parties,
33 shall hear the matter as soon as practicable and shall enter
34 an order granting or denying relief, ordering service of an
SB1700 Engrossed -67- LRB9009117DJcdA
1 amended income withholding notice, where applicable, or
2 otherwise resolving the matter.
3 The court shall deny the obligor's petition if the court
4 finds that when the income withholding notice was mailed,
5 sent by facsimile transmission or other electronic means, or
6 placed for personal delivery to or service on the payor:
7 (a) A delinquency existed; or
8 (b) The parties' written agreement providing an
9 alternative arrangement to immediate withholding under
10 paragraph (1) of subsection (B) no longer ensured payment
11 of support.
12 (2) At any time, an obligor, obligee, public office or
13 Clerk of the Circuit Court may petition the court to:
14 (a) Modify, suspend or terminate the income
15 withholding notice because of a modification, suspension
16 or termination of the underlying order for support; or
17 (b) Modify the amount of income to be withheld to
18 reflect payment in full or in part of the delinquency or
19 arrearage by income withholding or otherwise; or
20 (c) Suspend the income withholding notice because
21 of inability to deliver income withheld to the obligee
22 due to the obligee's failure to provide a mailing address
23 or other means of delivery.
24 (3) At any time an obligor may petition the court to
25 correct a term contained in an income withholding notice to
26 conform to that stated in the underlying order for support
27 for:
28 (a) The amount of current support;
29 (b) The amount of the arrearage;
30 (c) The periodic amount for payment of the
31 arrearage; or
32 (d) The periodic amount for payment of the
33 delinquency.
34 (4) The obligor, obligee or public office shall serve on
SB1700 Engrossed -68- LRB9009117DJcdA
1 the payor, in the manner provided for service of income
2 withholding notices in paragraph (7) of subsection (B), a
3 copy of any order entered pursuant to this subsection that
4 affects the duties of the payor.
5 (5) At any time, a public office or Clerk of the Circuit
6 Court may serve a notice on the payor to:
7 (a) Cease withholding of income for payment of
8 current support for a child when the support obligation
9 for that child has automatically ceased under the order
10 for support through emancipation or otherwise; or
11 (b) Cease withholding of income for payment of
12 delinquency or arrearage when the delinquency or
13 arrearage has been paid in full.
14 (6) The notice provided for under paragraph (5) of this
15 subsection shall be served on the payor in the manner
16 provided for service of income withholding notices in
17 paragraph (7) of subsection (B), and a copy shall be provided
18 to the obligor and the obligee.
19 (7) The income withholding notice shall continue to be
20 binding upon the payor until service of an amended income
21 withholding notice or any order of the court or notice
22 entered or provided for under this subsection.
23 (G) Additional Duties.
24 (1) An obligee who is receiving income withholding
25 payments under this Section shall notify the payor, if the
26 obligee receives the payments directly from the payor, or the
27 public office or the Clerk of the Circuit Court, as
28 appropriate, of any change of address within 7 days of such
29 change.
30 (2) An obligee who is a recipient of public aid shall
31 send a copy of any notice served by the obligee to the
32 Division of Child Support Enforcement of the Illinois
33 Department of Public Aid.
34 (3) Each obligor shall notify the obligee, the public
SB1700 Engrossed -69- LRB9009117DJcdA
1 office, and the Clerk of the Circuit Court of any change of
2 address within 7 days.
3 (4) An obligor whose income is being withheld or who has
4 been served with a notice of delinquency pursuant to this
5 Section shall notify the obligee, the public office, and the
6 Clerk of the Circuit Court of any new payor, within 7 days.
7 (5) When the Illinois Department of Public Aid is no
8 longer authorized to receive payments for the obligee, it
9 shall, within 7 days, notify the payor or, where appropriate,
10 the Clerk of the Circuit Court, to redirect income
11 withholding payments to the obligee.
12 (6) The obligee or public office shall provide notice to
13 the payor and Clerk of the Circuit Court of any other support
14 payment made, including but not limited to, a set-off under
15 federal and State law or partial payment of the delinquency
16 or arrearage, or both.
17 (7) Any public office and Clerk of the Circuit Court
18 which collects, disburses or receives payments pursuant to
19 income withholding notices shall maintain complete, accurate,
20 and clear records of all payments and their disbursements.
21 Certified copies of payment records maintained by a public
22 office or Clerk of the Circuit Court shall, without further
23 proof, be admitted into evidence in any legal proceedings
24 under this Section.
25 (8) The Illinois Department of Public Aid shall design
26 suggested legal forms for proceeding under this Section and
27 shall make available to the courts such forms and
28 informational materials which describe the procedures and
29 remedies set forth herein for distribution to all parties in
30 support actions.
31 (9) At the time of transmitting each support payment,
32 the clerk of the circuit court shall provide the obligee or
33 public office, as appropriate, with any information furnished
34 by the payor as to the date the amount would (but for the
SB1700 Engrossed -70- LRB9009117DJcdA
1 duty to withhold income) have been paid or credited to the
2 obligor.
3 (H) Penalties.
4 (1) Where a payor wilfully fails to withhold or pay over
5 income pursuant to a properly served income withholding
6 notice, or wilfully discharges, disciplines, refuses to hire
7 or otherwise penalizes an obligor as prohibited by subsection
8 (E), or otherwise fails to comply with any duties imposed by
9 this Section, the obligee, public office or obligor, as
10 appropriate, may file a complaint with the court against the
11 payor. The clerk of the circuit court shall notify the
12 obligee or public office, as appropriate, and the obligor and
13 payor of the time and place of the hearing on the complaint.
14 The court shall resolve any factual dispute including, but
15 not limited to, a denial that the payor is paying or has paid
16 income to the obligor. Upon a finding in favor of the
17 complaining party, the court:
18 (a) Shall enter judgment and direct the enforcement
19 thereof for the total amount that the payor wilfully
20 failed to withhold or pay over; and
21 (b) May order employment or reinstatement of or
22 restitution to the obligor, or both, where the obligor
23 has been discharged, disciplined, denied employment or
24 otherwise penalized by the payor and may impose a fine
25 upon the payor not to exceed $200.
26 (2) Any obligee, public office or obligor who wilfully
27 initiates a false proceeding under this Section or who
28 wilfully fails to comply with the requirements of this
29 Section shall be punished as in cases of contempt of court.
30 (I) Alternative Procedures for Service of an Income
31 Withholding Notice.
32 (1) The procedures of this subsection may be used in any
33 matter to serve an income withholding notice on a payor if:
SB1700 Engrossed -71- LRB9009117DJcdA
1 (a) For any reason the most recent order for
2 support entered does not contain the income withholding
3 provisions required under subsection (B), irrespective of
4 whether a separate order for withholding was entered
5 prior to July 1, 1997; and
6 (b) The obligor has accrued a delinquency after
7 entry of the most recent order for support.
8 (2) The obligee or public office shall prepare and serve
9 the income withholding notice in accordance with the
10 provisions of subsection (C), except that the notice shall
11 contain a periodic amount for payment of the delinquency
12 equal to 20% of the total of the current support amount and
13 the amount to be paid periodically for payment of any
14 arrearage stated in the most recent order for support.
15 (3) If the obligor requests in writing that income
16 withholding become effective prior to the obligor accruing a
17 delinquency under the most recent order for support, the
18 obligee or public office may prepare and serve an income
19 withholding notice on the payor as provided in subsection
20 (B). In addition to filing proofs of service of the income
21 withholding notice on the payor and the obligor, the obligee
22 or public office shall file a copy of the obligor's written
23 request for income withholding with the Clerk of the Circuit
24 Court.
25 (4) All other provisions of this Section shall be
26 applicable with respect to the provisions of this subsection
27 (I).
28 (J) Remedies in Addition to Other Laws.
29 (1) The rights, remedies, duties and penalties created
30 by this Section are in addition to and not in substitution
31 for any other rights, remedies, duties and penalties created
32 by any other law.
33 (2) Nothing in this Section shall be construed as
34 invalidating any assignment of wages or benefits executed
SB1700 Engrossed -72- LRB9009117DJcdA
1 prior to January 1, 1984 or any order for withholding served
2 prior to July 1, 1997.
3 (Source: P.A. 89-507, eff. 7-1-97; 90-18, eff. 7-1-97;
4 90-425, eff. 8-15-97; revised 9-29-97.)
5 Section 15. The Non-Support of Spouse and Children Act
6 is amended by changing Sections 2.1 and 4.1 as follows:
7 (750 ILCS 15/2.1) (from Ch. 40, par. 1105)
8 Sec. 2.1. Support payments; receiving and disbursing
9 agents.
10 (1) In actions instituted under this Act on and after
11 August 14, 1961, involving a minor child or children, the
12 Court, except in actions instituted on or after August 26,
13 1969, in which the support payments are in behalf of a
14 recipient of aid under the Illinois Public Aid Code, shall
15 direct that moneys ordered to be paid for support under
16 Sections 3 and 4 of this Act shall be paid to the clerk of
17 the court in counties of less than 3 million population, and
18 in counties of 3 million or more population, to the clerk or
19 probation officer of the court or to the Court Service
20 Division of the County Department of Public Aid. After the
21 effective date of this amendatory Act of 1975, the court
22 shall direct that such support moneys be paid to the clerk or
23 probation officer or the Illinois Department of Public Aid.
24 However, the court in its discretion may direct otherwise
25 where exceptional circumstances so warrant. If payment is to
26 be made to persons other than the clerk or probation officer,
27 the Court Service Division of the County Department of Public
28 Aid, or the Illinois Department of Public Aid, the judgment
29 or order of support shall set forth the facts of the
30 exceptional circumstances.
31 (2) In actions instituted after August 26, 1969, where
32 the support payments are in behalf of spouses, children, or
SB1700 Engrossed -73- LRB9009117DJcdA
1 both, who are recipients of aid under the Illinois Public Aid
2 Code, the court shall order the payments to be made directly
3 to (1) the Illinois Department of Public Aid if the person is
4 a recipient under Articles III, IV or V of the Code, or (2)
5 to the local governmental unit responsible for the support of
6 the person if he or she is a recipient under Articles VI or
7 VII of the Code. In accordance with federal law and
8 regulations, the Illinois Department of Public Aid may
9 continue to collect current maintenance payments or child
10 support payments, or both, after those persons cease to
11 receive public assistance and until termination of services
12 under Article X of the Illinois Public Aid Code. The
13 Illinois Department of Public Aid shall pay the net amount
14 collected to those persons after deducting any costs incurred
15 in making the collection or any collection fee from the
16 amount of any recovery made. The order shall permit the
17 Illinois Department of Public Aid or the local governmental
18 unit, as the case may be, to direct that support payments be
19 made directly to the spouse, children, or both, or to some
20 person or agency in their behalf, upon removal of the spouse
21 or children from the public aid rolls or upon termination of
22 services under Article X of the Illinois Public Aid Code; and
23 upon such direction, the Illinois Department or the local
24 governmental unit, as the case requires, shall give notice of
25 such action to the court in writing or by electronic
26 transmission.
27 (3) The clerks, probation officers, and the Court
28 Service Division of the County Department of Public Aid in
29 counties of 3 million or more population, and, after the
30 effective date of this amendatory Act of 1975, the clerks,
31 probation officers, and the Illinois Department of Public
32 Aid, shall disburse moneys paid to them to the person or
33 persons entitled thereto under the order of the Court. They
34 shall establish and maintain current records of all moneys
SB1700 Engrossed -74- LRB9009117DJcdA
1 received and disbursed and of delinquencies and defaults in
2 required payments. The Court, by order or rule, shall make
3 provision for the carrying out of these duties.
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 4.1 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
SB1700 Engrossed -75- LRB9009117DJcdA
1 of Public Aid until the Department gives notice to cease the
2 transmittal. After providing the notification authorized
3 under this paragraph, the Illinois Department of Public Aid
4 shall be entitled as a party to notice of any further
5 proceedings in the case. The clerk of the court shall file a
6 copy of the Illinois Department of Public Aid's notification
7 in the court file. The failure of the clerk to file a copy
8 of the notification in the court file shall not, however,
9 affect the Illinois Department of Public Aid's right to
10 receive notice of further proceedings.
11 (4) Payments under this Section to the Illinois
12 Department of Public Aid pursuant to the Child Support
13 Enforcement Program established by Title IV-D of the Social
14 Security Act shall be paid into the Child Support Enforcement
15 Trust Fund. All other payments under this Section to the
16 Illinois Department of Public Aid shall be deposited in the
17 Public Assistance Recoveries Trust Fund. Disbursements from
18 these funds shall be as provided in the Illinois Public Aid
19 Code. Payments received by a local governmental unit shall be
20 deposited in that unit's General Assistance Fund.
21 (5) Orders and assignments entered or executed prior to
22 the Act approved August 14, 1961 shall not be affected
23 thereby. Employers served with wage assignments executed
24 prior to that date shall comply with the terms thereof.
25 However, the Court, on petition of the state's attorney, or
26 of the Illinois Department of Public Aid or local
27 governmental unit in respect to recipients of public aid, may
28 order the execution of new assignments and enter new orders
29 designating the clerk, probation officer, or the Illinois
30 Department of Public Aid or appropriate local governmental
31 unit in respect to payments in behalf of recipients of public
32 aid, as the person or agency authorized to receive and
33 disburse the salary or wages assigned. On like petition the
34 Court may enter new orders designating such officers,
SB1700 Engrossed -76- LRB9009117DJcdA
1 agencies or governmental units to receive and disburse the
2 payments ordered under Section 4.
3 (6) For those cases in which child support is payable to
4 the clerk of the circuit court for transmittal to the
5 Illinois Department of Public Aid by order of court or upon
6 notification by the Illinois Department of Public Aid, the
7 clerk shall transmit all such payments, within 4 working days
8 of receipt, to insure that funds are available for immediate
9 distribution by the Department to the person or entity
10 entitled thereto in accordance with standards of the Child
11 Support Enforcement Program established under Title IV-D of
12 the Social Security Act. The clerk shall notify the
13 Department of the date of receipt and amount thereof at the
14 time of transmittal. Where the clerk has entered into an
15 agreement of cooperation with the Department to record the
16 terms of child support orders and payments made thereunder
17 directly into the Department's automated data processing
18 system, the clerk shall account for, transmit and otherwise
19 distribute child support payments in accordance with such
20 agreement in lieu of the requirements contained herein.
21 (Source: P.A. 90-18, eff. 7-1-97.)
22 (750 ILCS 15/4.1) (from Ch. 40, par. 1107.1)
23 Sec. 4.1. 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
SB1700 Engrossed -77- LRB9009117DJcdA
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
SB1700 Engrossed -78- LRB9009117DJcdA
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, the Illinois
11 Department of Children and Family Services, and the various
12 State's Attorneys, Clerks of the Circuit Court and
13 supervisors of general assistance.
14 (9) "Premium" means the dollar amount for which the
15 obligor is liable to his employer or labor union or trade
16 union and which must be paid to enroll or maintain a child in
17 a health insurance plan that is available to the obligor
18 through an employer or labor union or trade union.
19 (B) Entry of Order for Support Containing Income Withholding
20 Provisions; Income Withholding Notice.
21 (1) In addition to any content required under other
22 laws, every order for support entered on or after July 1,
23 1997, shall:
24 (a) Require an income withholding notice to be
25 prepared and served immediately upon any payor of the
26 obligor by the obligee or public office, unless a written
27 agreement is reached between and signed by both parties
28 providing for an alternative arrangement, approved and
29 entered into the record by the court, which ensures
30 payment of support. In that case, the order for support
31 shall provide that an income withholding notice is to be
32 prepared and served only if the obligor becomes
33 delinquent in paying the order for support; and
34 (b) Contain a dollar amount to be paid until
SB1700 Engrossed -79- LRB9009117DJcdA
1 payment in full of any delinquency that accrues after
2 entry of the order for support. The amount for payment
3 of delinquency shall not be less than 20% of the total of
4 the current support amount and the amount to be paid
5 periodically for payment of any arrearage stated in the
6 order for support; and
7 (c) Include the obligor's Social Security Number,
8 which the obligor shall disclose to the court. If the
9 obligor is not a United States citizen, the obligor shall
10 disclose to the court, and the court shall include in the
11 order for support, the obligor's alien registration
12 number, passport number, and home country's social
13 security or national health number, if applicable.
14 (2) At the time the order for support is entered, the
15 Clerk of the Circuit Court shall provide a copy of the order
16 to the obligor and shall make copies available to the obligee
17 and public office.
18 (3) The income withholding notice shall:
19 (a) Be in the standard format prescribed by the
20 federal Department of Health and Human Services; and
21 (a-5) State the date of entry of the order for
22 support upon which the income withholding notice is
23 based; and
24 (b) Direct any payor to withhold the dollar amount
25 required for current support under the order for support;
26 and
27 (c) Direct any payor to withhold the dollar amount
28 required to be paid periodically under the order for
29 support for payment of the amount of any arrearage stated
30 in the order for support; and
31 (d) Direct any payor or labor union or trade union
32 to enroll a child as a beneficiary of a health insurance
33 plan and withhold or cause to be withheld, if applicable,
34 any required premiums; and
SB1700 Engrossed -80- LRB9009117DJcdA
1 (e) State the amount of the payor income
2 withholding fee specified under this Section; and
3 (f) State that the amount actually withheld from
4 the obligor's income for support and other purposes,
5 including the payor withholding fee specified under this
6 Section, may not be in excess of the maximum amount
7 permitted under the federal Consumer Credit Protection
8 Act; and
9 (g) State the duties of the payor and the fines and
10 penalties for failure to withhold and pay over income and
11 for discharging, disciplining, refusing to hire, or
12 otherwise penalizing the obligor because of the duty to
13 withhold and pay over income under this Section; and
14 (h) State the rights, remedies, and duties of the
15 obligor under this Section; and
16 (i) Include the obligor's Social Security Number;
17 and
18 (j) Include the date that withholding for current
19 support terminates, which shall be the date of
20 termination of the current support obligation set forth
21 in the order for support; and.
22 (k) Contain the signature of the obligee or the
23 printed name and telephone number of the authorized
24 representative of the public office, except that the
25 failure to contain the signature of the obligee or the
26 printed name and telephone number of the authorized
27 representative of the public office shall not affect the
28 validity of the income withholding notice.
29 (4) The accrual of a delinquency as a condition for
30 service of an income withholding notice, under the exception
31 to immediate withholding in paragraph (1) of this subsection,
32 shall apply only to the initial service of an income
33 withholding notice on a payor of the obligor.
34 (5) Notwithstanding the exception to immediate
SB1700 Engrossed -81- LRB9009117DJcdA
1 withholding contained in paragraph (1) of this subsection, if
2 the court finds at the time of any hearing that an arrearage
3 has accrued, the court shall order immediate service of an
4 income withholding notice upon the payor.
5 (6) If the order for support, under the exception to
6 immediate withholding contained in paragraph (1) of this
7 subsection, provides that an income withholding notice is to
8 be prepared and served only if the obligor becomes delinquent
9 in paying the order for support, the obligor may execute a
10 written waiver of that condition and request immediate
11 service on the payor.
12 (7) The obligee or public office may serve the income
13 withholding notice on the payor or its superintendent,
14 manager, or other agent by ordinary mail or certified mail
15 return receipt requested, by facsimile transmission or other
16 electronic means, by personal delivery, or by any method
17 provided by law for service of a summons. At the time of
18 service on the payor and as notice that withholding has
19 commenced, the obligee or public office shall serve a copy of
20 the income withholding notice on the obligor by ordinary mail
21 addressed to his or her last known address. A copy of the
22 income withholding notice together with proofs of service on
23 the payor and the obligor shall be filed with the Clerk of
24 the Circuit Court.
25 (8) At any time after the initial service of an income
26 withholding notice under this Section, any other payor of the
27 obligor may be served with the same income withholding notice
28 without further notice to the obligor. A copy of the income
29 withholding notice together with a proof of service on the
30 other payor shall be filed with the Clerk of the Circuit
31 Court.
32 (9) (4) New service of an income order for withholding
33 notice is not required in order to resume withholding of
34 income in the case of an obligor with respect to whom an
SB1700 Engrossed -82- LRB9009117DJcdA
1 income order for withholding notice was previously served on
2 the payor if withholding of income was terminated because of
3 an interruption in the obligor's employment of less than 180
4 days.
5 (C) Income Withholding After Accrual of Delinquency.
6 (1) Whenever an obligor accrues a delinquency, the
7 obligee or public office may prepare and serve upon the
8 obligor's payor an income withholding notice that:
9 (a) Contains the information required under
10 paragraph (3) of subsection (B); and
11 (b) Contains a computation of the period and total
12 amount of the delinquency as of the date of the notice;
13 and
14 (c) Directs the payor to withhold the dollar amount
15 required to be withheld periodically under the order for
16 support for payment of the delinquency.
17 (2) The income withholding notice and the obligor's copy
18 of the income withholding notice shall be served as provided
19 in paragraph (7) of subsection (B).
20 (3) The obligor may contest withholding commenced under
21 this subsection by filing a petition to contest withholding
22 with the Clerk of the Circuit Court within 20 days after
23 service of a copy of the income withholding notice on the
24 obligor. However, the grounds for the petition to contest
25 withholding shall be limited to:
26 (a) A dispute concerning the existence or amount of
27 the delinquency; or
28 (b) The identity of the obligor.
29 The Clerk of the Circuit Court shall notify the obligor
30 and the obligee or public office of the time and place of the
31 hearing on the petition to contest withholding. The court
32 shall hold the hearing pursuant to the provisions of
33 subsection (F).
SB1700 Engrossed -83- LRB9009117DJcdA
1 (D) Initiated Withholding.
2 (1) Notwithstanding any other provision of this Section,
3 if the court has not required that income withholding take
4 effect immediately, the obligee or public office may initiate
5 withholding, regardless of whether a delinquency has accrued,
6 by preparing and serving an income withholding notice on the
7 payor that contains the information required under paragraph
8 (3) of subsection (B) and states that the parties' written
9 agreement providing an alternative arrangement to immediate
10 withholding under paragraph (1) of subsection (B) no longer
11 ensures payment of support and the reason or reasons why it
12 does not.
13 (2) The income withholding notice and the obligor's copy
14 of the income withholding notice shall be served as provided
15 in paragraph (7) of subsection (B).
16 (3) The obligor may contest withholding commenced under
17 this subsection by filing a petition to contest withholding
18 with the Clerk of the Circuit Court within 20 days after
19 service of a copy of the income withholding notice on the
20 obligor. However, the grounds for the petition shall be
21 limited to a dispute concerning:
22 (a) whether the parties' written agreement
23 providing an alternative arrangement to immediate
24 withholding under paragraph (1) of subsection (B)
25 continues to ensure payment of support; or
26 (b) the identity of the obligor.
27 It shall not be grounds for filing a petition that the
28 obligor has made all payments due by the date of the
29 petition.
30 (4) If the obligor files a petition contesting
31 withholding within the 20-day period required under paragraph
32 (3), the Clerk of the Circuit Court shall notify the obligor
33 and the obligee or public office, as appropriate, of the time
34 and place of the hearing on the petition. The court shall
SB1700 Engrossed -84- LRB9009117DJcdA
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
SB1700 Engrossed -85- LRB9009117DJcdA
1 nonperformance within the time required under this Section
2 must be documented by a certified mail return receipt showing
3 the date the income order for withholding notice was served
4 on the payor. For purposes of this Section, a withheld amount
5 shall be considered paid by a payor on the date it is mailed
6 by the payor, or on the date an electronic funds transfer of
7 the amount has been initiated by the payor, or on the date
8 delivery of the amount has been initiated by the payor. For
9 each deduction, the payor shall provide the obligee or public
10 office, at the time of transmittal, with the date the amount
11 would (but for the duty to withhold income) have been paid or
12 credited to the obligor.
13 Upon receipt of an income withholding notice requiring
14 that a minor child be named as a beneficiary of a health
15 insurance plan available through an employer or labor union
16 or trade union, the employer or labor union or trade union
17 shall immediately enroll the minor child as a beneficiary in
18 the health insurance plan designated by the income
19 withholding notice. The employer shall withhold any required
20 premiums and pay over any amounts so withheld and any
21 additional amounts the employer pays to the insurance carrier
22 in a timely manner. The employer or labor union or trade
23 union shall mail to the obligee, within 15 days of enrollment
24 or upon request, notice of the date of coverage, information
25 on the dependent coverage plan, and all forms necessary to
26 obtain reimbursement for covered health expenses, such as
27 would be made available to a new employee. When an order for
28 dependent coverage is in effect and the insurance coverage is
29 terminated or changed for any reason, the employer or labor
30 union or trade union shall notify the obligee within 10 days
31 of the termination or change date along with notice of
32 conversion privileges.
33 For withholding of income, the payor shall be entitled to
34 receive a fee not to exceed $5 per month or the actual check
SB1700 Engrossed -86- LRB9009117DJcdA
1 processing cost to be taken from the income to be paid to the
2 obligor.
3 (2) Whenever the obligor is no longer receiving income
4 from the payor, the payor shall return a copy of the income
5 withholding notice to the obligee or public office and shall
6 provide information for the purpose of enforcing this
7 Section.
8 (3) Withholding of income under this Section shall be
9 made without regard to any prior or subsequent garnishments,
10 attachments, wage assignments, or any other claims of
11 creditors. Withholding of income under this Section shall
12 not be in excess of the maximum amounts permitted under the
13 federal Consumer Credit Protection Act. If the payor has been
14 served with more than one income withholding notice
15 pertaining to the same obligor, the payor shall allocate
16 income available for withholding on a proportionate share
17 basis, giving priority to current support payments. If there
18 is any income available for withholding after withholding for
19 all current support obligations, the payor shall allocate the
20 income to past due support payments ordered in cases in which
21 cash assistance under the Illinois Public Aid Code is not
22 being provided to the obligee and then to past due support
23 payments ordered in cases in which cash assistance under the
24 Illinois Public Aid Code is being provided to the obligee,
25 both on a proportionate share basis. A payor who complies
26 with an income withholding notice that is regular on its face
27 shall not be subject to civil liability with respect to any
28 individual, any agency, or any creditor of the obligor for
29 conduct in compliance with the notice.
30 (4) No payor shall discharge, discipline, refuse to hire
31 or otherwise penalize any obligor because of the duty to
32 withhold income.
33 (F) Petitions to Contest Withholding or to Modify, Suspend,
34 Terminate, or Correct Income Withholding Notices.
SB1700 Engrossed -87- LRB9009117DJcdA
1 (1) When an obligor files a petition to contest
2 withholding, the court, after due notice to all parties,
3 shall hear the matter as soon as practicable and shall enter
4 an order granting or denying relief, ordering service of an
5 amended income withholding notice, where applicable, or
6 otherwise resolving the matter.
7 The court shall deny the obligor's petition if the court
8 finds that when the income withholding notice was mailed,
9 sent by facsimile transmission or other electronic means, or
10 placed for personal delivery to or service on the payor:
11 (a) A delinquency existed; or
12 (b) The parties' written agreement providing an
13 alternative arrangement to immediate withholding under
14 paragraph (1) of subsection (B) no longer ensured payment
15 of support.
16 (2) At any time, an obligor, obligee, public office or
17 Clerk of the Circuit Court may petition the court to:
18 (a) Modify, suspend or terminate the income
19 withholding notice because of a modification, suspension
20 or termination of the underlying order for support; or
21 (b) Modify the amount of income to be withheld to
22 reflect payment in full or in part of the delinquency or
23 arrearage by income withholding or otherwise; or
24 (c) Suspend the income withholding notice because
25 of inability to deliver income withheld to the obligee
26 due to the obligee's failure to provide a mailing address
27 or other means of delivery.
28 (3) At any time an obligor may petition the court to
29 correct a term contained in an income withholding notice to
30 conform to that stated in the underlying order for support
31 for:
32 (a) The amount of current support;
33 (b) The amount of the arrearage;
34 (c) The periodic amount for payment of the
SB1700 Engrossed -88- LRB9009117DJcdA
1 arrearage; or
2 (d) The periodic amount for payment of the
3 delinquency.
4 (4) The obligor, obligee or public office shall serve on
5 the payor, in the manner provided for service of income
6 withholding notices in paragraph (7) of subsection (B), a
7 copy of any order entered pursuant to this subsection that
8 affects the duties of the payor.
9 (5) At any time, a public office or Clerk of the Circuit
10 Court may serve a notice on the payor to:
11 (a) Cease withholding of income for payment of
12 current support for a child when the support obligation
13 for that child has automatically ceased under the order
14 for support through emancipation or otherwise; or
15 (b) Cease withholding of income for payment of
16 delinquency or arrearage when the delinquency or
17 arrearage has been paid in full.
18 (6) The notice provided for under paragraph (5) of this
19 subsection shall be served on the payor in the manner
20 provided for service of income withholding notices in
21 paragraph (7) of subsection (B), and a copy shall be provided
22 to the obligor and the obligee.
23 (7) The income withholding notice shall continue to be
24 binding upon the payor until service of an amended income
25 withholding notice or any order of the court or notice
26 entered or provided for under this subsection.
27 (G) Additional Duties.
28 (1) An obligee who is receiving income withholding
29 payments under this Section shall notify the payor, if the
30 obligee receives the payments directly from the payor, or the
31 public office or the Clerk of the Circuit Court, as
32 appropriate, of any change of address within 7 days of such
33 change.
34 (2) An obligee who is a recipient of public aid shall
SB1700 Engrossed -89- LRB9009117DJcdA
1 send a copy of any income withholding notice served by the
2 obligee to the Division of Child Support Enforcement of the
3 Illinois Department of Public Aid.
4 (3) Each obligor shall notify the obligee, the public
5 office, and the Clerk of the Circuit Court of any change of
6 address within 7 days.
7 (4) An obligor whose income is being withheld or who has
8 been served with a notice of delinquency pursuant to this
9 Section shall notify the obligee, the public office, and the
10 Clerk of the Circuit Court of any new payor, within 7 days.
11 (5) When the Illinois Department of Public Aid is no
12 longer authorized to receive payments for the obligee, it
13 shall, within 7 days, notify the payor or, where appropriate,
14 the Clerk of the Circuit Court, to redirect income
15 withholding payments to the obligee.
16 (6) The obligee or public office shall provide notice to
17 the payor and Clerk of the Circuit Court of any other support
18 payment made, including but not limited to, a set-off under
19 federal and State law or partial payment of the delinquency
20 or arrearage, or both.
21 (7) Any public office and Clerk of the Circuit Court
22 which collects, disburses or receives payments pursuant to
23 income withholding notices shall maintain complete, accurate,
24 and clear records of all payments and their disbursements.
25 Certified copies of payment records maintained by a public
26 office or Clerk of the Circuit Court shall, without further
27 proof, be admitted into evidence in any legal proceedings
28 under this Section.
29 (8) The Illinois Department of Public Aid shall design
30 suggested legal forms for proceeding under this Section and
31 shall make available to the courts such forms and
32 informational materials which describe the procedures and
33 remedies set forth herein for distribution to all parties in
34 support actions.
SB1700 Engrossed -90- LRB9009117DJcdA
1 (9) At the time of transmitting each support payment,
2 the clerk of the circuit court shall provide the obligee or
3 public office, as appropriate, with any information furnished
4 by the payor as to the date the amount would (but for the
5 duty to withhold income) have been paid or credited to the
6 obligor.
7 (H) Penalties.
8 (1) Where a payor wilfully fails to withhold or pay over
9 income pursuant to a properly served income withholding
10 notice, or wilfully discharges, disciplines, refuses to hire
11 or otherwise penalizes an obligor as prohibited by subsection
12 (E), or otherwise fails to comply with any duties imposed by
13 this Section, the obligee, public office or obligor, as
14 appropriate, may file a complaint with the court against the
15 payor. The clerk of the circuit court shall notify the
16 obligee or public office, as appropriate, and the obligor and
17 payor of the time and place of the hearing on the complaint.
18 The court shall resolve any factual dispute including, but
19 not limited to, a denial that the payor is paying or has paid
20 income to the obligor. Upon a finding in favor of the
21 complaining party, the court:
22 (a) Shall enter judgment and direct the enforcement
23 thereof for the total amount that the payor wilfully
24 failed to withhold or pay over; and
25 (b) May order employment or reinstatement of or
26 restitution to the obligor, or both, where the obligor
27 has been discharged, disciplined, denied employment or
28 otherwise penalized by the payor and may impose a fine
29 upon the payor not to exceed $200.
30 (2) Any obligee, public office or obligor who wilfully
31 initiates a false proceeding under this Section or who
32 wilfully fails to comply with the requirements of this
33 Section shall be punished as in cases of contempt of court.
SB1700 Engrossed -91- LRB9009117DJcdA
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
SB1700 Engrossed -92- LRB9009117DJcdA
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
SB1700 Engrossed -93- LRB9009117DJcdA
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
SB1700 Engrossed -94- LRB9009117DJcdA
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
SB1700 Engrossed -95- LRB9009117DJcdA
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
SB1700 Engrossed -96- LRB9009117DJcdA
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
SB1700 Engrossed -97- LRB9009117DJcdA
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:
SB1700 Engrossed -98- LRB9009117DJcdA
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
SB1700 Engrossed -99- LRB9009117DJcdA
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
SB1700 Engrossed -100- LRB9009117DJcdA
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
SB1700 Engrossed -101- LRB9009117DJcdA
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
SB1700 Engrossed -102- LRB9009117DJcdA
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:
SB1700 Engrossed -103- LRB9009117DJcdA
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:
SB1700 Engrossed -104- LRB9009117DJcdA
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.
SB1700 Engrossed -105- LRB9009117DJcdA
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
SB1700 Engrossed -106- LRB9009117DJcdA
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.
SB1700 Engrossed -107- LRB9009117DJcdA
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
SB1700 Engrossed -108- LRB9009117DJcdA
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
SB1700 Engrossed -109- LRB9009117DJcdA
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
SB1700 Engrossed -110- LRB9009117DJcdA
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
SB1700 Engrossed -111- LRB9009117DJcdA
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
SB1700 Engrossed -112- LRB9009117DJcdA
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
32 becoming law.
SB1700 Engrossed -113- LRB9009117DJcdA
1 INDEX
2 Statutes amended in order of appearance
3 5 ILCS 405/Act rep.
4 305 ILCS 5/10-10 from Ch. 23, par. 10-10
5 305 ILCS 5/10-10.4 new
6 305 ILCS 5/10-10.5 new
7 305 ILCS 5/10-11 from Ch. 23, par. 10-11
8 305 ILCS 5/10-11.2 new
9 305 ILCS 5/10-12 from Ch. 23, par. 10-12
10 305 ILCS 5/10-12.1 new
11 305 ILCS 5/10-13 from Ch. 23, par. 10-13
12 305 ILCS 5/10-13.6 from Ch. 23, par. 10-13.6
13 305 ILCS 5/10-14 from Ch. 23, par. 10-14
14 305 ILCS 5/10-14.1 new
15 305 ILCS 5/10-16.2 from Ch. 23, par. 10-16.2
16 305 ILCS 5/10-17.7
17 305 ILCS 5/10-26 new
18 305 ILCS 5/10-27 new
19 305 ILCS 5/10-22 rep.
20 305 ILCS 5/12-4.31 rep.
21 410 ILCS 535/12 from Ch. 111 1/2, par. 73-12
22 750 ILCS 5/505.3 new
23 750 ILCS 5/507 from Ch. 40, par. 507
24 750 ILCS 5/507.1 new
25 750 ILCS 5/705 from Ch. 40, par. 705
26 750 ILCS 5/706.1 from Ch. 40, par. 706.1
27 750 ILCS 15/2.1 from Ch. 40, par. 1105
28 750 ILCS 15/2.2 new
29 750 ILCS 15/4.1 from Ch. 40, par. 1107.1
30 750 ILCS 15/12.2 new
31 750 ILCS 45/14.1 new
32 750 ILCS 45/20 from Ch. 40, par. 2520
33 750 ILCS 45/21 from Ch. 40, par. 2521
34 750 ILCS 45/21.1 new