[ Search ] [ PDF text ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
92_HB1912
LRB9206548DJgc
1 AN ACT concerning child support.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Administrative Procedure Act is
5 amended by changing Section 10-65 as follows:
6 (5 ILCS 100/10-65) (from Ch. 127, par. 1010-65)
7 Sec. 10-65. Licenses.
8 (a) When any licensing is required by law to be preceded
9 by notice and an opportunity for a hearing, the provisions of
10 this Act concerning contested cases shall apply.
11 (b) When a licensee has made timely and sufficient
12 application for the renewal of a license or a new license
13 with reference to any activity of a continuing nature, the
14 existing license shall continue in full force and effect
15 until the final agency decision on the application has been
16 made unless a later date is fixed by order of a reviewing
17 court.
18 (c) An application for the renewal of a license or a new
19 license shall include the applicant's social security number.
20 Each agency shall require the licensee to certify on the
21 application form, under penalty of perjury, that he or she is
22 not more than 30 days delinquent in complying with a child
23 support order. Every application shall state that failure to
24 so certify shall result in disciplinary action, and that
25 making a false statement may subject the licensee to contempt
26 of court. The agency shall notify each applicant or licensee
27 who acknowledges a delinquency or who, contrary to his or her
28 certification, is found to be delinquent or who after
29 receiving notice, fails to comply with a subpoena or warrant
30 relating to a paternity or a child support proceeding, that
31 the agency intends to take disciplinary action. Accordingly,
-2- LRB9206548DJgc
1 the agency shall provide written notice of the facts or
2 conduct upon which the agency will rely to support its
3 proposed action and the applicant or licensee shall be given
4 an opportunity for a hearing in accordance with the
5 provisions of the Act concerning contested cases. Any
6 delinquency in complying with a child support order can be
7 remedied by arranging for payment of past due and current
8 support. Any failure to comply with a subpoena or warrant
9 relating to a paternity or child support proceeding can be
10 remedied by complying with the subpoena or warrant. Upon a
11 final finding of delinquency or failure to comply with a
12 subpoena or warrant, the agency shall suspend, revoke, or
13 refuse to issue or renew the license. In cases in which the
14 Department of Public Aid (before the effective date of this
15 amendatory Act of the 92nd General Assembly) or the Attorney
16 General (on or after that date) has previously determined
17 that an applicant or a licensee is more than 30 days
18 delinquent in the payment of child support and has
19 subsequently certified the delinquency to the licensing
20 agency, and in cases in which a court has previously
21 determined that an applicant or licensee has been in
22 violation of the Non-Support Punishment Act for more than 60
23 days, the licensing agency shall refuse to issue or renew or
24 shall revoke or suspend that person's license based solely
25 upon the certification of delinquency made by the Department
26 of Public Aid or the Attorney General or the certification of
27 violation made by the court. Further process, hearings, or
28 redetermination of the delinquency or violation by the
29 licensing agency shall not be required. The licensing
30 agency may issue or renew a license if the licensee has
31 arranged for payment of past and current child support
32 obligations in a manner satisfactory to the Department of
33 Public Aid (before the effective date of this amendatory Act
34 of the 92nd General Assembly) or the Attorney General (on and
-3- LRB9206548DJgc
1 after that date) the for the court. The licensing agency may
2 impose conditions, restrictions, or disciplinary action upon
3 that license.
4 (d) Except as provided in subsection (c), no agency
5 shall revoke, suspend, annul, withdraw, amend materially, or
6 refuse to renew any valid license without first giving
7 written notice to the licensee of the facts or conduct upon
8 which the agency will rely to support its proposed action and
9 an opportunity for a hearing in accordance with the
10 provisions of this Act concerning contested cases. At the
11 hearing, the licensee shall have the right to show compliance
12 with all lawful requirements for the retention, continuation,
13 or renewal of the license. If, however, the agency finds
14 that the public interest, safety, or welfare imperatively
15 requires emergency action, and if the agency incorporates a
16 finding to that effect in its order, summary suspension of a
17 license may be ordered pending proceedings for revocation or
18 other action. Those proceedings shall be promptly instituted
19 and determined.
20 (e) Any application for renewal of a license that
21 contains required and relevant information, data, material,
22 or circumstances that were not contained in an application
23 for the existing license shall be subject to the provisions
24 of subsection (a).
25 (Source: P.A. 90-18, eff. 7-1-99; 91-613, eff. 10-1-99.)
26 Section 10. The Intergovernmental Cooperation Act is
27 amended by changing Section 3 as follows:
28 (5 ILCS 220/3) (from Ch. 127, par. 743)
29 Sec. 3. Intergovernmental cooperation. Any power or
30 powers, privileges, functions, or authority exercised or
31 which may be exercised by a public agency of this State may
32 be exercised, combined, transferred, and enjoyed jointly with
-4- LRB9206548DJgc
1 any other public agency of this State and jointly with any
2 public agency of any other state or of the United States to
3 the extent that laws of such other state or of the United
4 States do not prohibit joint exercise or enjoyment and except
5 where specifically and expressly prohibited by law. This
6 includes, but is not limited to, (i) arrangements between the
7 Illinois Student Assistance Commission and agencies in other
8 states which issue professional licenses and (ii) agreements
9 between the Illinois Department of Public Aid (before the
10 effective date of this amendatory Act of 92nd General
11 Assembly) or the Attorney General (on and after that date)
12 and public agencies for the establishment and enforcement of
13 child support orders and for the exchange of information that
14 may be necessary for the enforcement of those child support
15 orders.
16 (Source: P.A. 90-18, eff. 7-1-97; 91-298, eff. 7-29-99.)
17 Section 13. The Attorney General Act is amended by
18 adding Sections 7.1 through 7.305 as follows:
19 (15 ILCS 205/7.1 new)
20 Sec. 7.1. Transfer of powers from Department of Public
21 Aid.
22 (a) On the effective date of this amendatory Act of the
23 92nd General Assembly, all the rights, powers, and duties
24 vested by law in the Illinois Department of Public Aid or the
25 Department's Child and Spouse Support Unit under Article X of
26 the Illinois Public Aid Code are transferred to the Attorney
27 General. Wherever, in any other Act, there is a reference to
28 the Illinois Department of Public Aid or the Department's
29 Child and Spouse Support Unit or to an officer, employee, or
30 agent of that Department or Unit concerning rights, powers,
31 and duties vested or performed under the authority of Article
32 X of the Illinois Public Aid Code, that reference, beginning
-5- LRB9206548DJgc
1 on the effective date of this amendatory Act of the 92nd
2 General Assembly, means the Attorney General, the Child and
3 Spouse Support Unit established under Section 7.20 of this
4 Act, or an officer, employee, or agent of the Attorney
5 General or the Child and Spouse Support Unit established
6 under Section 7.20.
7 (b) All books, records, property, pending business, and
8 funds pertaining to the rights, powers, and duties
9 transferred under this Section and in the custody of the
10 Illinois Department of Public Aid or the Department's Child
11 and Spouse Support Unit on the effective date of this
12 amendatory Act of the 92nd General Assembly shall be
13 delivered and transferred to the Attorney General on that
14 date.
15 (c) Beginning on the effective date of this amendatory
16 Act of the 92nd General Assembly, the rights, powers, and
17 duties transferred by this Section to the Attorney General
18 shall be vested in and shall be exercised by the Attorney
19 General subject to the provisions of this Section through
20 Section 7.305. Each act done in the exercise of those
21 rights, powers, and duties shall have the same legal effect
22 as if done by the Illinois Department of Public Aid or that
23 Department's Child and Spouse Support Unit.
24 (d) Beginning on the effective date of this amendatory
25 Act of the 92nd General Assembly, every person and other
26 legal entity shall be subject to the same obligations and
27 duties, and civil and criminal penalties arising from those
28 obligations and duties, and shall have the same rights
29 arising from the exercise of rights, powers, and duties by
30 the Attorney General or an officer, employee, or agent of the
31 Attorney General, as if those rights, powers, and duties have
32 been exercised by the Illinois Department of Public Aid, that
33 Department's Child and Spouse Support Unit, or an officer,
34 employee, or agent of that Department or Unit.
-6- LRB9206548DJgc
1 (e) Whenever reports or notices are now required to be
2 made or given or papers or documents furnished or served by
3 any person to or upon the Illinois Department of Public Aid
4 or that Department's Child and Spouse Support Unit under
5 Article X of the Illinois Public Aid Code, those reports or
6 notices shall, on and after the effective date of this
7 amendatory Act of the 92nd General Assembly, be made, given,
8 furnished, or served in the same manner to or upon the
9 Attorney General.
10 (f) The provisions of this Section through Section 7.305
11 do not affect any act done, ratified, or cancelled, or any
12 right occurring or established, or any action or proceeding
13 had or commenced in an administrative, civil, or criminal
14 cause before the effective date of this amendatory Act of the
15 92nd General Assembly by the Illinois Department of Public
16 Aid or that Department's Child and Spouse Support Unit under
17 Article X of the Illinois Public Aid Code, and those actions
18 or proceedings may be prosecuted and continued by the
19 Attorney General.
20 (g) No by-law, rule, or regulation adopted by the
21 Illinois Department of Public Aid as an exercise of a right,
22 power, or duty that has been transferred to the Attorney
23 General under this Section through Section 7.305 shall be
24 affected by those Sections. On the effective date of this
25 amendatory Act of the 92nd General Assembly, those by-laws,
26 rules, and regulations shall become the by-laws, rules, and
27 regulations of the Attorney General.
28 (h) If waivers of any federal law or regulation are
29 necessary to enable the Attorney General to implement any
30 provisions of this amendatory Act of the 92nd General
31 Assembly, the Attorney General, promptly after the effective
32 date of this amendatory Act of the 92nd General Assembly,
33 shall apply for those waivers, and implementation of those
34 provisions is conditioned on the Attorney General's receipt
-7- LRB9206548DJgc
1 of those waivers.
2 (i) Personnel employed by the Illinois Department of
3 Public Aid to perform functions that are transferred by this
4 amendatory Act of the 92nd General Assembly to the Attorney
5 General shall, upon the effective date of this amendatory Act
6 of the 92nd General Assembly, become employees of the Office
7 of the Attorney General. All transferred employees who are
8 members of collective bargaining units shall retain their
9 seniority, continuous service, salary, and accrued benefits.
10 During the pendency of the existing collective bargaining
11 agreement, the rights provided for under that agreement and
12 memoranda and supplements to that agreement, including, but
13 not limited to, the right of employees in the Child and
14 Spouse Support Unit to positions in other State agencies and
15 the right of employees in other State agencies covered by the
16 agreement to positions in the Child and Spouse Support Unit,
17 shall not be abridged.
18 The Office of the Attorney General shall continue to
19 honor all collective bargaining agreements in effect at the
20 time of the transfer and to recognize all collective
21 bargaining representatives for the employees who perform or
22 will perform functions transferred by this amendatory Act of
23 the 92nd General Assembly. For all purposes with respect to
24 the management of the existing agreement and the negotiation
25 and management of any successor agreements, the Attorney
26 General shall be deemed to be the employer of employees who
27 perform or will perform functions transferred by this
28 amendatory Act of the 92nd General Assembly; provided that
29 the Illinois Department of Central Management Services shall
30 be a party to any grievance or arbitration proceeding held
31 pursuant to the provisions of the collective bargaining
32 agreement which involves the movement of employees from the
33 Office of the Attorney General to an agency under the
34 jurisdiction of the Governor covered by the agreement.
-8- LRB9206548DJgc
1 (j) Personnel employed by the Department of Public Aid
2 to perform functions that are not clearly classifiable as
3 being related to the determination and enforcement of support
4 responsibility of relatives under Article X of the Illinois
5 Public Aid Code or who are employed to perform complex
6 functions that are transferred only in part to the Attorney
7 General under this amendatory Act of the 92nd General
8 Assembly shall be assigned to the appropriate Department by
9 the Director of Public Aid and the Attorney General, in
10 consultation with the Director of Central Management
11 Services.
12 (k) The rights of State employees, the State, and its
13 agencies under applicable retirement plans are not affected
14 by this amendatory Act of the 92nd General Assembly.
15 (15 ILCS 205/7.5 new)
16 Sec. 7.5. Public policy; persons eligible for services;
17 fees. It is the intent of the Illinois Public Aid Code that
18 the financial aid and social welfare services provided under
19 that Code supplement rather than supplant the primary and
20 continuing obligation of the family unit for self-support to
21 the fullest extent permitted by the resources available to
22 it. This primary and continuing obligation applies whether
23 the family unit of parents and children or of husband and
24 wife remains intact and resides in a common household or
25 whether the unit has been broken by absence of one or more
26 members of the unit. The obligation of the family unit is
27 particularly applicable when a member is in necessitous
28 circumstances and lacks the means of a livelihood compatible
29 with health and well-being.
30 It is the purpose of Sections 7.1 through 7.305 to
31 provide for locating an absent parent or spouse, for
32 determining his financial circumstances, and for enforcing
33 his legal obligation of support, if he is able to furnish
-9- LRB9206548DJgc
1 support, in whole or in part. The Attorney General shall
2 give priority to establishing, enforcing and collecting the
3 current support obligation, and then to past due support owed
4 to the family unit, except with respect to collections
5 effected through the intercept programs provided for in
6 Sections 7.1 through 7.305.
7 The child and spouse support services provided under
8 Sections 7.1 through 7.305 shall be furnished dependents of
9 an absent parent or spouse who are applicants for or
10 recipients of financial aid under the Illinois Public Aid
11 Code. It is not, however, a condition of eligibility for
12 financial aid under that Code that there be no responsible
13 relatives who are reasonably able to provide support. Nor,
14 except as provided in Section 4-1.7 of that Code and Section
15 7.50 of this Act, shall the existence of such relatives or
16 their payment of support contributions disqualify a needy
17 person for financial aid.
18 By accepting financial aid under the Illinois Public Aid
19 Code, a spouse or a parent or other person having custody of
20 a child shall be deemed to have made assignment to the State
21 of Illinois (for aid under Articles III, IV, V, and VII of
22 that Code) or to a local governmental unit (for aid under
23 Article VI of that Code) of all rights, title, and interest
24 in any support obligation up to the amount of financial aid
25 provided by that department or local governmental unit. The
26 rights to support assigned to the State of Illinois or local
27 governmental unit shall constitute an obligation owed the
28 State or local governmental unit by the person who is
29 responsible for providing the support, and shall be
30 collectible under all applicable processes.
31 The Attorney General shall also furnish the child and
32 spouse support services established under Sections 7.1
33 through 7.305 in behalf of spouses and dependent children who
34 are not applicants for or recipients of financial aid under
-10- LRB9206548DJgc
1 the Illinois Public Aid Code in accordance with the
2 requirements of Title IV, Part D of the Social Security Act.
3 The Attorney General may establish a schedule of reasonable
4 fees, to be paid for the services provided and may deduct a
5 collection fee, not to exceed 10% of the amount collected,
6 from such collection. The Attorney General shall cause to be
7 published and distributed publications reasonably calculated
8 to inform the public that individuals who are not recipients
9 of or applicants for public aid under the Illinois Public Aid
10 Code are eligible for the child and spouse support services
11 under Sections 7.1 through 7.305. Such publications shall
12 set forth an explanation, in plain language, that the child
13 and spouse support services program is independent of any
14 public aid program under the Code and that the receiving of
15 child and spouse support service in no way implies that the
16 person receiving such service is receiving public aid.
17 (15 ILCS 205/7.10 new)
18 Sec. 7.10. Extent of liability. A husband is liable for
19 the support of his wife and a wife for the support of her
20 husband. The parents are severally liable for the support of
21 any child under the age of 18, except that a parent is not
22 liable for a child of any age if the child has married and is
23 not living with the parent or parents. The term "child"
24 includes a child born out of wedlock or legally adopted
25 child.
26 In addition to the primary obligation of support imposed
27 upon responsible relatives, such relatives, if individually
28 or together in any combination they have sufficient income or
29 other resources to support a needy person, in whole or in
30 part, shall be liable for any financial aid extended under
31 the Illinois Public Aid Code to a person for whose support
32 they are responsible, including amounts expended for funeral
33 and burial costs.
-11- LRB9206548DJgc
1 (15 ILCS 205/7.15 new)
2 Sec. 7.15. Standard for determining ability to support.
3 The Attorney General shall establish a standard by which
4 shall be measured the ability of responsible relatives to
5 provide support, and shall implement the standard by rules
6 governing its application. The standard and the rules shall
7 take into account the buying and consumption patterns of
8 self-supporting persons of modest income, present or future
9 contingencies having direct bearing on maintenance of the
10 relative's self-support status and fulfillment of his
11 obligations to his immediate family, and any unusual or
12 exceptional circumstances including estrangement or other
13 personal or social factors, that have a bearing on family
14 relationships and the relative's ability to meet his support
15 obligations. The standard shall be recomputed periodically
16 to reflect changes in the cost of living and other pertinent
17 factors.
18 In addition to the standard, the Attorney General may
19 establish guidelines to be used exclusively to measure the
20 ability of responsible relatives to provide support on behalf
21 of applicants for or recipients of financial aid under
22 Article IV of the Illinois Public Aid Code and other persons
23 who are given access to the child and spouse support services
24 of Sections 7.1 through 7.305 of this Act as provided in
25 Section 7.5. In such case, the Attorney General shall base
26 the guidelines upon the applicable provisions of Sections
27 504, 505 and 505.2 of the Illinois Marriage and Dissolution
28 of Marriage Act and shall implement such guidelines by rules
29 governing their application.
30 The term "administration enforcement unit", when used in
31 Sections 7.5 through 7.305, means local governmental units or
32 the Child and Spouse Support Unit established under Section
33 7.20 when exercising the powers designated in Sections 7.1
34 through 7.305. The administrative enforcement unit shall
-12- LRB9206548DJgc
1 apply the standard or guidelines, rules and procedures
2 provided for by this Section and Sections 7.30 through 7.50
3 in determining the ability of responsible relatives to
4 provide support for applicants for or recipients of financial
5 aid under the Illinois Public Aid Code, except that the
6 administrative enforcement unit may apply such standard or
7 guidelines, rules and procedures at its discretion with
8 respect to those applicants for or recipients of financial
9 aid under Article IV of that Code and other persons who are
10 given access to the child and spouse support services of
11 Sections 7.1 through 7.305 of this Act as provided by Section
12 7.5.
13 (15 ILCS 205/7.20 new)
14 Sec. 7.20. Child and Spouse Support Unit. The Attorney
15 General shall establish within his or her administrative
16 staff a Child and Spouse Support Unit to search for and
17 locate absent parents and spouses liable for the support of
18 persons resident in this State and to exercise the support
19 enforcement powers and responsibilities assigned the Attorney
20 General by Sections 7.1 through 7.305. The Unit shall
21 cooperate with all law enforcement officials in this State
22 and with the authorities of other states in locating persons
23 responsible for the support of persons resident in other
24 states and shall invite the cooperation of these authorities
25 in the performance of its duties.
26 In addition to other duties assigned the Child and Spouse
27 Support Unit by Sections 7.1 through 7.305, the Unit may
28 refer to units of local government any actions under Sections
29 7.60 and 7.155 for judicial enforcement of the support
30 liability.
31 The Attorney General may enter into agreements with local
32 governmental units or individuals for the collection of
33 moneys owing because of the failure of a parent to make child
-13- LRB9206548DJgc
1 support payments for any child receiving services under
2 Sections 7.1 through 7.305. Such agreements may be on a
3 contingent fee basis, but such contingent fee shall not
4 exceed 25% of the total amount collected.
5 An attorney who provides representation pursuant to this
6 Section shall represent the Attorney General exclusively.
7 Regardless of the designation of the plaintiff in an action
8 brought pursuant to this Section, an attorney-client
9 relationship does not exist for purposes of that action
10 between that attorney and (i) an applicant for or recipient
11 of child and spouse support services or (ii) any other party
12 to the action other than the Attorney General. Nothing in
13 this Section shall be construed to modify any power or duty
14 (including a duty to maintain confidentiality) of the Child
15 and Spouse Support Unit or the Attorney General otherwise
16 provided by law.
17 The Attorney General may enter into agreements with local
18 governmental units for the Child and Spouse Support Unit to
19 exercise the investigative and enforcement powers designated
20 in Sections 7.1 through 7.305, including the issuance of
21 administrative orders under Section 7.80, in locating
22 responsible relatives and obtaining support for persons
23 applying for or receiving aid under Article VI of the
24 Illinois Public Aid Code. Payments for defrayment of
25 administrative costs and support payments obtained shall be
26 deposited into the DHS Recoveries Trust Fund. Support
27 payments shall be paid over to the General Assistance Fund of
28 the local governmental unit at such time or times as the
29 agreement may specify.
30 With respect to those cases in which it has support
31 enforcement powers and responsibilities under Sections 7.1
32 through 7.305, the Attorney General may provide by rule for
33 periodic or other review of each administrative and court
34 order for support to determine whether a modification of the
-14- LRB9206548DJgc
1 order should be sought. The Attorney General shall provide
2 for and conduct such review in accordance with any applicable
3 federal law and regulation.
4 As part of its process for review of orders for support,
5 the Attorney General, through written notice, may require the
6 responsible relative to disclose his or her Social Security
7 Number and past and present information concerning the
8 relative's address, employment, gross wages, deductions from
9 gross wages, net wages, bonuses, commissions, number of
10 dependent exemptions claimed, individual and dependent health
11 insurance coverage, and any other information necessary to
12 determine the relative's ability to provide support in a case
13 receiving child and spouse support services under Sections
14 7.1 through 7.305.
15 The Attorney General may send a written request for the
16 same information to the relative's employer. The employer
17 shall respond to the request for information within 15 days
18 after the date the employer receives the request. If the
19 employer willfully fails to fully respond within the 15-day
20 period, the employer shall pay a penalty of $100 for each day
21 that the response is not provided to the Attorney General
22 after the 15-day period has expired. The penalty may be
23 collected in a civil action which may be brought against the
24 employer in favor of the Attorney General.
25 A written request for information sent to an employer
26 pursuant to this Section shall consist of (i) a citation of
27 this Section as the statutory authority for the request and
28 for the employer's obligation to provide the requested
29 information, (ii) a returnable form setting forth the
30 employer's name and address and listing the name of the
31 employee with respect to whom information is requested, and
32 (iii) a citation of this Section as the statutory authority
33 authorizing the employer to withhold a fee of up to $20 from
34 the wages or income to be paid to each responsible relative
-15- LRB9206548DJgc
1 for providing the information to the Attorney General within
2 the 15-day period. If the employer is withholding support
3 payments from the responsible relative's income pursuant to
4 an order for withholding, the employer may withhold the fee
5 provided for in this Section only after withholding support
6 as required under the order. Any amounts withheld from the
7 responsible relative's income for payment of support and the
8 fee provided for in this Section shall not be in excess of
9 the amounts permitted under the federal Consumer Credit
10 Protection Act.
11 In a case receiving child and spouse support services,
12 the Attorney General may request and obtain information from
13 a particular employer under this Section no more than once in
14 any 12-month period, unless the information is necessary to
15 conduct a review of a court or administrative order for
16 support at the request of the person receiving child and
17 spouse support services.
18 The Attorney General shall establish and maintain an
19 administrative unit to receive and transmit to the Child and
20 Spouse Support Unit information supplied by persons applying
21 for or receiving child and spouse support services under
22 Section 7.5.
23 In addition to its other powers and responsibilities
24 established by Sections 7.1 through 7.305, the Child and
25 Spouse Support Unit shall conduct an annual assessment of
26 each institution's program for institution based paternity
27 establishment under Section 12 of the Vital Records Act.
28 (15 ILCS 205/7.25 new)
29 Sec. 7.25. Parent locator service. The Attorney General
30 through the Child and Spouse Support Unit shall enter into
31 agreements with the Secretary of Health and Human Services or
32 his designee under which the services of the federal Parent
33 Locator Service established by the Social Security Act are
-16- LRB9206548DJgc
1 made available to this State and the Attorney General for the
2 purpose of locating an absent parent or child when the child
3 has been abducted or otherwise improperly removed or retained
4 from the physical custody of a parent or other person
5 entitled to custody of the child, or in connection with the
6 making or enforcing of a child custody determination in
7 custody proceedings instituted under the Uniform Child
8 Custody Jurisdiction Act, or otherwise in accordance with
9 law. The Attorney General shall provide general information
10 to the public about the availability and use of the Parent
11 Locator Service in relation to child abduction and custody
12 determination proceedings, shall promptly respond to
13 inquiries made by those parties specified by federal
14 regulations upon receipt of information as to the location of
15 an absent parent or child from the federal Parent Locator
16 Service, and shall maintain accurate records as to the number
17 of such inquiries received and processed by the Attorney
18 General.
19 (15 ILCS 205/7.27 new)
20 Sec. 7.27. Locating support obligor and others;
21 penalties.
22 (a) The Child and Spouse Support Unit may request and
23 receive from employers, labor unions, telephone companies,
24 and utility companies location information concerning
25 putative fathers and noncustodial parents for the purpose of
26 establishing a child's paternity or establishing, enforcing,
27 or modifying a child support obligation. In this Section,
28 "location information" means information about (i) the
29 physical whereabouts of a putative father or noncustodial
30 parent, (ii) the putative father or noncustodial parent's
31 employer, or (iii) the salary, wages, and other compensation
32 paid and the health insurance coverage provided to the
33 putative father or noncustodial parent by the employer of the
-17- LRB9206548DJgc
1 putative father or noncustodial parent or by a labor union of
2 which the putative father or noncustodial parent is a member.
3 The employer of a putative father or noncustodial parent
4 or the labor union of which the putative father or
5 noncustodial parent is a member shall respond to the request
6 of the Child and Spouse Support Unit within 15 days after the
7 employer or labor union receives the request. Any employer
8 or labor union that willfully fails to fully respond within
9 the 15-day period shall be subject to a penalty of $100 for
10 each day that the response is not provided to the Attorney
11 General after the 15-day period has expired. The penalty may
12 be collected in a civil action, which may be brought against
13 the employer or labor union in favor of the Attorney General.
14 (b) Pursuant to an administrative subpoena as authorized
15 under Sections 7.1 through 7.305, the Child and Spouse
16 Support Unit may request and receive from utility companies
17 and cable television companies location information
18 concerning individuals who owe or are owed support or against
19 whom or with respect to whom a support obligation is sought.
20 (15 ILCS 205/7.28 new)
21 Sec. 7.28. Obtaining location information.
22 (a) The Attorney General shall enter into agreements
23 with the Department of State Police and the Secretary of
24 State to obtain location information on persons for the
25 purpose of establishing paternity and establishing,
26 modifying, and enforcing child support obligations.
27 (b) Upon request, the Attorney General shall provide
28 information obtained pursuant to this Section to federal
29 agencies and other states' agencies conducting child support
30 enforcement activities under Title IV, Part D of the Social
31 Security Act.
32 (15 ILCS 205/7.30 new)
-18- LRB9206548DJgc
1 Sec. 7.30. Notification of support obligation. The
2 administrative enforcement unit within the authorized area of
3 its operation shall notify each responsible relative of an
4 applicant or recipient, or responsible relatives of other
5 persons given access to the support services of Sections 7.1
6 through 7.305, of his legal obligation to support and shall
7 request such information concerning his financial status as
8 may be necessary to determine whether he is financially able
9 to provide such support, in whole or in part. In cases
10 involving a child born out of wedlock, the notification shall
11 include a statement that the responsible relative has been
12 named as the biological father of the child identified in the
13 notification.
14 In the case of applicants, the notification shall be sent
15 as soon as practical after the filing of the application. In
16 the case of recipients, the notice shall be sent at such time
17 as may be established by rule of the Attorney General.
18 The notice shall be accompanied by the forms or
19 questionnaires provided in Section 7.35. It shall inform the
20 relative that he may be liable for reimbursement of any
21 support furnished from public aid funds prior to
22 determination of the relative's financial circumstances, as
23 well as for future support. In the alternative, when support
24 is sought on behalf of applicants for or recipients of
25 financial aid under Article IV of the Illinois Public Aid
26 Code and other persons who are given access to the child and
27 spouse support services of Section 7.1 through 7.305 as
28 provided in Section 7.5, the notice shall inform the relative
29 that the relative may be required to pay support for a period
30 before the date an administrative support order is entered,
31 as well as future support.
32 Neither the mailing nor receipt of such notice shall be
33 deemed a jurisdictional requirement for the subsequent
34 exercise of the investigative procedures undertaken by an
-19- LRB9206548DJgc
1 administrative enforcement unit or the entry of any order or
2 determination of paternity or support or reimbursement by the
3 administrative enforcement unit; except that notice shall be
4 served by certified mail addressed to the responsible
5 relative at his or her last known address, return receipt
6 requested, or by any method provided by law for service of
7 summons, in cases where a determination of paternity or
8 support by default is sought on behalf of applicants for or
9 recipients of financial aid under Article IV of the Illinois
10 Public Aid Code and other persons who are given access to the
11 child and spouse support services of Sections 7.1 through
12 7.305 as provided in Section 7.5.
13 (15 ILCS 205/7.35 new)
14 Sec. 7.35. Declarations by responsible relatives;
15 penalty.
16 Information requested of responsible relatives shall be
17 submitted on forms or questionnaires prescribed by the
18 Attorney General or local governmental units, as the case may
19 be, and shall contain a written declaration to be signed by
20 the relative in substantially the following form:
21 "I declare under penalties of perjury that I have
22 examined this form (or questionnaire) and all accompanying
23 statements or documents pertaining to my income, resources,
24 or any other matter having bearing upon my status and ability
25 to provide support, and to the best of my knowledge and
26 belief the information supplied is true, correct, and
27 complete."
28 A person who makes and subscribes a form or questionnaire
29 which contains, as hereinabove provided, a written
30 declaration that it is made under the penalties of perjury,
31 knowing it to be false, incorrect or incomplete, in respect
32 to any material statement or representation bearing upon his
33 status as a responsible relative, or upon his income,
-20- LRB9206548DJgc
1 resources, or other matter concerning his ability to provide
2 support, shall be subject to the penalties for perjury
3 provided for in Section 32-2 of the Criminal Code of 1961.
4 (15 ILCS 205/7.40 new)
5 Sec. 7.40. Investigation and determination. The
6 administrative enforcement unit shall review the forms or
7 questionnaires returned by each responsible relative and
8 supplement the information provided therein, where required,
9 by such additional consultations with the responsible
10 relative and such other investigations as may be necessary,
11 including genetic testing if paternity is an issue, and,
12 applying the standard or guidelines and regulations
13 established by the Attorney General, shall determine whether
14 and the extent to which, the responsible relative
15 individually or together in any combination, are reasonably
16 able to provide support. If the child was born out of
17 wedlock and the case is subject to the voluntary
18 acknowledgment of paternity or the administrative
19 determination of paternity under rules established under
20 Section 7.210, the Child and Spouse Support Unit of the
21 Attorney General shall determine the child support obligation
22 under subsection (b) of Section 7.45 upon establishing the
23 child's paternity. If the child's paternity was established
24 by judicial or administrative process in any other state, the
25 Attorney General may use administrative processes contained
26 in Sections 7.1 through 7.305 to establish a child support
27 order.
28 In aid of its investigative authority, the Child and
29 Spouse Support Unit may use the subpoena power as set forth
30 in Sections 7.1 through 7.305.
31 The Attorney General, by rule, may authorize the
32 administrative enforcement units to conduct periodic or other
33 reinvestigations and redeterminations of the financial
-21- LRB9206548DJgc
1 ability of responsible relatives. Any redeterminations shall
2 have the effect of altering, amending, or modifying previous
3 determinations and administrative orders entered pursuant to
4 Sections 7.45 and 7.80. However, any redetermination which
5 establishes liability for support or reimbursement, or which
6 modifies the support or reimbursement liability specified in
7 a prior order, shall be subject to the provisions of Section
8 7.90 and the administrative and judicial review procedures
9 herein provided for original orders.
10 (15 ILCS 205/7.45 new)
11 Sec. 7.45. Notice of support due.
12 (a) When an administrative enforcement unit has
13 determined that a responsible relative is financially able to
14 contribute to the support of an applicant or recipient, the
15 responsible relative shall be notified by mailing him a copy
16 of the determination by United States registered or certified
17 mail, advising him of his legal obligation to make support
18 payments for such period or periods of time, definite in
19 duration or indefinite, as the circumstances require. The
20 notice shall direct payment as provided in Section 7.50.
21 Where applicable, the determination and notice may include a
22 demand for reimbursement for emergency aid granted an
23 applicant or recipient during the period between the
24 application and determination of the relative's obligation
25 for support and for aid granted during any subsequent period
26 the responsible relative was financially able to provide
27 support but failed or refused to do so.
28 (b) In the alternative, when support is sought on behalf
29 of applicants for or recipients of financial aid under
30 Article IV of the Illinois Public Aid Code and other persons
31 who are given access to the child and spouse support services
32 of Sections 7.1 through 7.305 as provided in Section 7.5, the
33 administrative enforcement unit shall not be required to send
-22- LRB9206548DJgc
1 the notice and may enter an administrative order immediately
2 under the provisions of Section 7.80. The order shall be
3 based upon the determination made under the provisions of
4 Section 7.40 or, in instances of default, upon the needs of
5 the persons for whom support is sought. In addition to
6 requiring payment of future support, the administrative order
7 may require payment of support for a period before the date
8 the order is entered. The amount of support to be paid for
9 the prior period shall be determined under the guidelines
10 established by the Attorney General pursuant to Section 7.15.
11 The order shall direct payment as provided in Section 7.60.
12 (15 ILCS 205/7.50 new)
13 Sec. 7.50. Support payments. The notice to responsible
14 relatives issued pursuant to Section 7.45 shall direct
15 payment (i) to the Attorney General in cases of applicants
16 and recipients under Articles III, IV, V and VII of the
17 Illinois Public Aid Code, (ii) except as provided in Section
18 7.20, to the local governmental unit in the case of
19 applicants and recipients under Article VI of the Illinois
20 Public Aid Code, and (iii) to the Attorney General in cases
21 of non-applicants and non-recipients given access to the
22 child and spouse support services of Sections 7.1 through
23 7.305, as provided by Section 7.5. However, if the support
24 payments by responsible relatives are sufficient to meet
25 needs of a recipient in full, including current and
26 anticipated medical needs, and the Attorney General or the
27 local governmental unit, as the case may be, has reasonable
28 grounds to believe that such needs will continue to be
29 provided in full by the responsible relatives, the relatives
30 may be directed to make subsequent support payments to the
31 needy person or to some person or agency in his behalf and
32 the recipient shall be removed from the public aid rolls. In
33 such instance the recipient also shall be notified by
-23- LRB9206548DJgc
1 registered or certified mail of the action taken. If a
2 recipient removed from the public aid rolls requests the
3 Attorney General to continue to collect the support payments
4 in his behalf, the Attorney General, at his option, may do so
5 and pay amounts so collected to the person. The Attorney
6 General may provide for deducting any costs incurred by him
7 in making the collection from the amount of any recovery made
8 and pay only the net amount to the person.
9 Payments under this Section to the Illinois Department of
10 Public Aid or the Attorney General pursuant to the Child
11 Support Enforcement Program established by Title IV-D of the
12 Social Security Act shall be paid into the Child Support
13 Enforcement Trust Fund. All payments under this Section to
14 the Illinois Department of Human Services shall be deposited
15 in the DHS Recoveries Trust Fund. Disbursements from these
16 funds shall be as provided in Sections 12-9.1 and 12-10.2 of
17 the Illinois Public Aid Code. Payments received by a local
18 governmental unit shall be deposited in that unit's General
19 Assistance Fund.
20 To the extent the provisions of this Section are
21 inconsistent with the requirements pertaining to the State
22 Disbursement Unit under Sections 7.76 and 7.295, the
23 provisions pertaining to the State Disbursement Unit shall
24 apply.
25 (15 ILCS 205/7.52 new)
26 Sec. 7.52. Temporary order for child support.
27 Notwithstanding any other law to the contrary, pending the
28 outcome of an administrative determination of parentage, the
29 Attorney General shall issue a temporary order for child
30 support, upon motion by a party and a showing of clear and
31 convincing evidence of paternity based on genetic test
32 results or other evidence. In determining the amount of the
33 temporary child support award, the Attorney General shall use
-24- LRB9206548DJgc
1 the guidelines and standards set forth in subsection (a) of
2 Section 505 and in Section 505.2 of the Illinois Marriage and
3 Dissolution of Marriage Act.
4 Any new or existing support order entered by the Attorney
5 General under this Section shall be deemed to be a series of
6 judgments against the person obligated to pay support
7 thereunder, each such judgment to be in the amount of each
8 payment or installment of support and each judgment to be
9 deemed entered as of the date the corresponding payment or
10 installment becomes due under the terms of the support order.
11 Each such judgment shall have the full force, effect, and
12 attributes of any other judgment of this State, including the
13 ability to be enforced. Any such judgment is subject to
14 modification or termination only in accordance with Section
15 510 of the Illinois Marriage and Dissolution of Marriage Act.
16 A lien arises by operation of law against the real and
17 personal property of the noncustodial parent for each
18 installment of overdue support owed by the noncustodial
19 parent.
20 All orders for support entered or modified in a case in
21 which a party is receiving child and spouse support services
22 under Sections 7.1 through 7.305 shall include a provision
23 requiring the non-custodial parent to notify the Attorney
24 General, within 7 days, (i) of the name, address, and
25 telephone number of any new employer of the non-custodial
26 parent, (ii) whether the non-custodial parent has access to
27 health insurance coverage through the employer or other group
28 coverage, and, if so, the policy name and number and the
29 names of persons covered under the policy, and (iii) of any
30 new residential or mailing address or telephone number of the
31 non-custodial parent.
32 In any subsequent action to enforce a support order, upon
33 sufficient showing that diligent effort has been made to
34 ascertain the location of the non-custodial parent, service
-25- LRB9206548DJgc
1 of process or provision of notice necessary in that action
2 may be made at the last known address of the non-custodial
3 parent, in any manner expressly provided by the Code of Civil
4 Procedure or this Act, which service shall be sufficient for
5 purposes of due process.
6 An order for support shall include a date on which the
7 current support obligation terminates. The termination date
8 shall be no earlier than the date on which the child covered
9 by the order will attain the age of majority or is otherwise
10 emancipated. The order for support shall state that the
11 termination date does not apply to any arrearage that may
12 remain unpaid on that date. Nothing in this paragraph shall
13 be construed to prevent the Attorney General from modifying
14 the order.
15 (15 ILCS 205/7.55 new)
16 Sec. 7.55. Alternative actions to enforce support. If a
17 responsible relative fails or refuses to furnish support, or
18 contributes less than the amount indicated by the
19 determination, the administrative enforcement unit shall take
20 action to enforce support in accordance with Section 7.60 or
21 Section 7.80.
22 (15 ILCS 205/7.60 new)
23 Sec. 7.60. Court enforcement. Except where the Attorney
24 General, by agreement, acts for the local governmental unit,
25 as provided in Section 7.20, local governmental units shall
26 refer to the State's Attorney or to the proper legal
27 representative of the governmental unit, for judicial
28 enforcement as herein provided, instances of non-support or
29 insufficient support when the dependents are applicants or
30 recipients under Article VI of the Illinois Public Aid Code.
31 The Child and Spouse Support Unit established by Section 7.20
32 may institute in behalf of the Illinois Department of Public
-26- LRB9206548DJgc
1 Aid any actions under this Section for judicial enforcement
2 of the support liability when the dependents are applicants
3 or recipients under Articles III, IV, V or VII of the
4 Illinois Public Aid Code. The Unit may institute in behalf of
5 the Attorney General any actions under this Section for
6 judicial enforcement of the support liability when the
7 dependents are applicants or recipients in a local
8 governmental unit when the Attorney General, by agreement,
9 acts for the unit. The Unit may institute in behalf of the
10 dependents any actions under this Section for judicial
11 enforcement of the support liability when the dependents are
12 non-applicants or non-recipients who are receiving support
13 enforcement services under Sections 7.1 through 7.305, as
14 provided in Section 7.5. Where the Child and Spouse Support
15 Unit has exercised its option and discretion not to apply the
16 provisions of Sections 7.15 through 7.50, the failure by the
17 Unit to apply such provisions shall not be a bar to bringing
18 an action under this Section.
19 Action shall be brought in the circuit court to obtain
20 support, or for the recovery of aid granted during the period
21 such support was not provided, or both for the obtainment of
22 support and the recovery of the aid provided. Actions for
23 the recovery of aid may be taken separately or they may be
24 consolidated with actions to obtain support. Such actions
25 may be brought in the name of the person or persons requiring
26 support, or may be brought in the name of the Illinois
27 Department of Public Aid or the local governmental unit, as
28 the case requires, in behalf of such persons.
29 The court may enter such orders for the payment of moneys
30 for the support of the person as may be just and equitable
31 and may direct payment thereof for such period or periods of
32 time as the circumstances require, including support for a
33 period before the date the order for support is entered. The
34 order may be entered against any or all of the defendant
-27- LRB9206548DJgc
1 responsible relatives and may be based upon the proportionate
2 ability of each to contribute to the person's support.
3 The Court shall determine the amount of child support
4 (including child support for a period before the date the
5 order for support is entered) by using the guidelines and
6 standards set forth in subsection (a) of Section 505 and in
7 Section 505.2 of the Illinois Marriage and Dissolution of
8 Marriage Act. For purposes of determining the amount of
9 child support to be paid for a period before the date the
10 order for child support is entered, there is a rebuttable
11 presumption that the responsible relative's net income for
12 that period was the same as his or her net income at the time
13 the order is entered.
14 If (i) the responsible relative was properly served with
15 a request for discovery of financial information relating to
16 the responsible relative's ability to provide child support,
17 (ii) the responsible relative failed to comply with the
18 request, despite having been ordered to do so by the court,
19 and (iii) the responsible relative is not present at the
20 hearing to determine support despite having received proper
21 notice, then any relevant financial information concerning
22 the responsible relative's ability to provide child support
23 that was obtained pursuant to subpoena and proper notice
24 shall be admitted into evidence without the need to establish
25 any further foundation for its admission.
26 An order entered under this Section shall include a
27 provision requiring the obligor to report to the obligee and
28 to the clerk of court within 10 days each time the obligor
29 obtains new employment, and each time the obligor's
30 employment is terminated for any reason. The report shall be
31 in writing and shall, in the case of new employment, include
32 the name and address of the new employer. Failure to report
33 new employment or the termination of current employment, if
34 coupled with nonpayment of support for a period in excess of
-28- LRB9206548DJgc
1 60 days, is indirect criminal contempt. For any obligor
2 arrested for failure to report new employment bond shall be
3 set in the amount of the child support that should have been
4 paid during the period of unreported employment. An order
5 entered under this Section shall also include a provision
6 requiring the obligor and obligee parents to advise each
7 other of a change in residence within 5 days of the change
8 except when the court finds that the physical, mental, or
9 emotional health of a party or that of a minor child, or
10 both, would be seriously endangered by disclosure of the
11 party's address.
12 The Court shall determine the amount of maintenance using
13 the standards set forth in Section 504 of the Illinois
14 Marriage and Dissolution of Marriage Act.
15 Any new or existing support order entered by the court
16 under this Section shall be deemed to be a series of
17 judgments against the person obligated to pay support
18 thereunder, each such judgment to be in the amount of each
19 payment or installment of support and each such judgment to
20 be deemed entered as of the date the corresponding payment or
21 installment becomes due under the terms of the support order.
22 Each such judgment shall have the full force, effect and
23 attributes of any other judgment of this State, including the
24 ability to be enforced. Any such judgment is subject to
25 modification or termination only in accordance with Section
26 510 of the Illinois Marriage and Dissolution of Marriage Act.
27 A lien arises by operation of law against the real and
28 personal property of the noncustodial parent for each
29 installment of overdue support owed by the noncustodial
30 parent.
31 When an order is entered for the support of a minor, the
32 court may provide therein for reasonable visitation of the
33 minor by the person or persons who provided support pursuant
34 to the order. Whoever willfully refuses to comply with such
-29- LRB9206548DJgc
1 visitation order or willfully interferes with its enforcement
2 may be declared in contempt of court and punished therefor.
3 Except where the local governmental unit has entered into
4 an agreement with the Attorney General for the Child and
5 Spouse Support Unit to act for it, as provided in Section
6 7.20, support orders entered by the court in cases involving
7 applicants or recipients under Article VI of the Illinois
8 Public Aid Code shall provide that payments thereunder be
9 made directly to the local governmental unit. Orders for the
10 support of all other applicants or recipients under that Code
11 shall provide that payments thereunder be made directly to
12 the Attorney General. In accordance with federal law and
13 regulations, the Attorney General may continue to collect
14 current maintenance payments or child support payments, or
15 both, after those persons cease to receive public assistance
16 and until termination of services under Sections 7.1 through
17 7.305. The Attorney General shall pay the net amount
18 collected to those persons after deducting any costs incurred
19 in making the collection or any collection fee from the
20 amount of any recovery made. In both cases the order shall
21 permit the local governmental unit or the Attorney General,
22 as the case may be, to direct the responsible relative or
23 relatives to make support payments directly to the needy
24 person, or to some person or agency in his behalf, upon
25 removal of the person from the public aid rolls or upon
26 termination of services under Sections 7.1 through 7.305.
27 If the notice of support due issued pursuant to Section
28 7.45 directs that support payments be made directly to the
29 needy person, or to some person or agency in his behalf, and
30 the recipient is removed from the public aid rolls, court
31 action may be taken against the responsible relative
32 hereunder if he fails to furnish support in accordance with
33 the terms of such notice.
34 Actions may also be brought under this Section in behalf
-30- LRB9206548DJgc
1 of any person who is in need of support from responsible
2 relatives, as defined in Section 2-11 of the Illinois Public
3 Aid Code who is not an applicant for or recipient of
4 financial aid under that Code. In such instances, the
5 State's Attorney of the county in which such person resides
6 shall bring action against the responsible relatives
7 hereunder. If the Attorney General, as authorized by Section
8 7.5, extends the support services provided by this Article to
9 spouses and dependent children who are not applicants or
10 recipients under the Illinois Public Aid Code, the Child and
11 Spouse Support Unit established by Section 7.20 shall bring
12 action against the responsible relatives hereunder and any
13 support orders entered by the court in such cases shall
14 provide that payments thereunder be made directly to the
15 Attorney General.
16 Whenever it is determined in a proceeding to establish or
17 enforce a child support or maintenance obligation that the
18 person owing a duty of support is unemployed, the court may
19 order the person to seek employment and report periodically
20 to the court with a diary, listing or other memorandum of his
21 or her efforts in accordance with such order. Additionally,
22 the court may order the unemployed person to report to the
23 Department of Employment Security for job search services or
24 to make application with the local Jobs Training Partnership
25 Act provider for participation in job search, training or
26 work programs and where the duty of support is owed to a
27 child receiving support services under Sections 7.1 through
28 7.305, the court may order the unemployed person to report to
29 the Department of Human Services for participation in job
30 search, training or work programs established under Section
31 9-6 and Article IXA of the Illinois Public Aid Code.
32 Whenever it is determined that a person owes past-due
33 support for a child receiving assistance under the Illinois
34 Public Aid Code, the court shall order at the request of the
-31- LRB9206548DJgc
1 Attorney General:
2 (1) that the person pay the past-due support in
3 accordance with a plan approved by the court; or
4 (2) if the person owing past-due support is
5 unemployed, is subject to such a plan, and is not
6 incapacitated, that the person participate in such job
7 search, training, or work programs established under
8 Section 9-6 and Article IXA of the Illinois Public Aid
9 Code as the court deems appropriate.
10 A determination under this Section shall not be
11 administratively reviewable by the procedures specified in
12 Sections 7.90 and 7.95 through 7.145. Any determination under
13 those Sections, if made the basis of court action under this
14 Section, shall not affect the de novo judicial determination
15 required under this Section.
16 All orders for support, when entered or modified, shall
17 include a provision requiring the non-custodial parent to
18 notify the court and, in cases in which a party is receiving
19 child and spouse support services under Sections 7.1 through
20 7.305, the Attorney General, within 7 days, (i) of the name,
21 address, and telephone number of any new employer of the
22 non-custodial parent, (ii) whether the non-custodial parent
23 has access to health insurance coverage through the employer
24 or other group coverage and, if so, the policy name and
25 number and the names of persons covered under the policy, and
26 (iii) of any new residential or mailing address or telephone
27 number of the non-custodial parent. In any subsequent action
28 to enforce a support order, upon a sufficient showing that a
29 diligent effort has been made to ascertain the location of
30 the non-custodial parent, service of process or provision of
31 notice necessary in the case may be made at the last known
32 address of the non-custodial parent in any manner expressly
33 provided by the Code of Civil Procedure or Sections 7.1
34 through 7.305, which service shall be sufficient for purposes
-32- LRB9206548DJgc
1 of due process.
2 An order for support shall include a date on which the
3 current support obligation terminates. The termination date
4 shall be no earlier than the date on which the child covered
5 by the order will attain the age of majority or is otherwise
6 emancipated. The order for support shall state that the
7 termination date does not apply to any arrearage that may
8 remain unpaid on that date. Nothing in this paragraph shall
9 be construed to prevent the court from modifying the order.
10 Upon notification in writing or by electronic
11 transmission from the Attorney General to the clerk of the
12 court that a person who is receiving support payments under
13 this Section is receiving services under the Child Support
14 Enforcement Program established by Title IV-D of the Social
15 Security Act, any support payments subsequently received by
16 the clerk of the court shall be transmitted in accordance
17 with the instructions of the Attorney General until the
18 Attorney General gives notice to the clerk of the court to
19 cease the transmittal. After providing the notification
20 authorized under this paragraph, the Attorney General shall
21 be entitled as a party to notice of any further proceedings
22 in the case. The clerk of the court shall file a copy of the
23 Attorney General's notification in the court file. The
24 clerk's failure to file a copy of the notification in the
25 court file shall not, however, affect the Attorney General's
26 right to receive notice of further proceedings.
27 Payments under this Section to the Illinois Department of
28 Public Aid or the Attorney General pursuant to the Child
29 Support Enforcement Program established by Title IV-D of the
30 Social Security Act shall be paid into the Child Support
31 Enforcement Trust Fund. All payments under this Section to
32 the Department of Human Services shall be deposited in the
33 DHS Recoveries Trust Fund. Disbursements from these funds
34 shall be as provided in Sections 12-9.1 and 12-10.2 of the
-33- LRB9206548DJgc
1 Illinois Public Aid Code. Payments received by a local
2 governmental unit shall be deposited in that unit's General
3 Assistance Fund.
4 To the extent the provisions of this Section are
5 inconsistent with the requirements pertaining to the State
6 Disbursement Unit under Sections 7.76 and 7.295, the
7 provisions pertaining to the State Disbursement Unit shall
8 apply.
9 (15 ILCS 205/7.65 new)
10 Sec. 7.65. Collection fee. In all cases instituted by
11 the Attorney General on behalf of a child or spouse, other
12 than one receiving a grant of financial aid under Article IV
13 of the Illinois Public Aid Code, on whose behalf an
14 application has been made and approved for support services
15 as provided by Section 7.5, the court shall impose a
16 collection fee on the individual who owes a child or spouse
17 support obligation in an amount equal to 10% of the amount so
18 owed as long as such collection is required by federal law,
19 which fee shall be in addition to the support obligation.
20 The imposition of such fee shall be in accordance with
21 provisions of Title IV, Part D, of the Social Security Act
22 and regulations duly promulgated thereunder. The fee shall
23 be payable to the clerk of the circuit court for transmittal
24 to the Attorney General and shall continue until support
25 services are terminated by the Attorney General.
26 (15 ILCS 205/7.70 new)
27 Sec. 7.70. Notice to circuit clerk of payment received.
28 For those cases in which support is payable to the clerk of
29 the circuit court for transmittal to the Attorney General or
30 the Illinois Department of Public Aid by order of court, and
31 the Attorney General collects support by assignment, offset,
32 withholding, deduction or other process permitted by law, the
-34- LRB9206548DJgc
1 Attorney General shall notify the clerk of the date and
2 amount of such collection. Upon notification, the clerk shall
3 record the collection on the payment record for the case.
4 (15 ILCS 205/7.75 new)
5 Sec. 7.75. Transmittal of payments by circuit clerk.
6 For those cases in which child support is payable to the
7 clerk of the circuit court for transmittal to the Attorney
8 General or the Illinois Department of Public Aid by order of
9 court, the clerk shall transmit all such payments, within 4
10 working days of receipt, to ensure that funds are available
11 for immediate distribution by the Attorney General or the
12 Department to the person or entity entitled thereto in
13 accordance with standards of the Child Support Enforcement
14 Program established under Title IV-D of the Social Security
15 Act. The clerk shall notify the Attorney General or the
16 Department of the date of receipt and amount thereof at the
17 time of transmittal. Where the clerk has entered into an
18 agreement of cooperation with the Illinois Department of
19 Public Aid or the Attorney General to record the terms of
20 child support orders and payments made thereunder directly
21 into the IV-D Agency's automated data processing system, the
22 clerk shall account for, transmit and otherwise distribute
23 child support payments in accordance with such agreement in
24 lieu of the requirements contained herein.
25 To the extent the provisions of this Section are
26 inconsistent with the requirements pertaining to the State
27 Disbursement Unit under Sections 7.76 and 7.295, the
28 provisions pertaining to the State Disbursement Unit shall
29 apply.
30 (15 ILCS 205/7.76 new)
31 Sec. 7.76. Payment of Support to State Disbursement
32 Unit.
-35- LRB9206548DJgc
1 (a) As used in this Section:
2 "Order for support", "obligor", "obligee", and "payor"
3 mean those terms as defined in the Income Withholding for
4 Support Act, except that "order for support" shall not mean
5 orders providing for spousal maintenance under which there is
6 no child support obligation.
7 (b) Notwithstanding any other provision of this Code to
8 the contrary, each court or administrative order for support
9 entered or modified on or after October 1, 1999 shall require
10 that support payments be made to the State Disbursement Unit
11 established under Section 7.76 if:
12 (1) a party to the order is receiving child and
13 spouse support services under this Article X; or
14 (2) no party to the order is receiving child and
15 spouse support services, but the support payments are
16 made through income withholding.
17 (c) Support payments shall be made to the State
18 Disbursement Unit if:
19 (1) the order for support was entered before
20 October 1, 1999, and a party to the order is receiving
21 child and spouse support services under Sections 7.1
22 through 7.305; or
23 (2) no party to the order is receiving child and
24 spouse support services, and the support payments are
25 being made through income withholding.
26 (c-5) If no party to the order is receiving child and
27 spouse support services under Sections 7.1 through 7.305, and
28 the support payments are not being made through income
29 withholding, then support payments shall be made as directed
30 in the order for support.
31 (c-10) The Attorney General shall provide written notice
32 to the clerk of the circuit court, the obligor, and, where
33 applicable, the obligor's payor to make payments to the State
34 Disbursement Unit if:
-36- LRB9206548DJgc
1 (1) the order for support was entered before
2 October 1, 1999, and a party to the order is receiving
3 child and spouse support services under Sections 7.1
4 through 7.305; or
5 (2) no party to the order is receiving child and
6 spouse support services, and the support payments are
7 being made through income withholding.
8 (c-15) The clerk of the circuit court shall provide
9 written notice to the obligor to make payments directly to
10 the clerk of the circuit court if no party to the order is
11 receiving child and spouse support services under Sections
12 7.1 through 7.305, the support payments are not made through
13 income withholding, and the order for support requires
14 support payments to be made directly to the clerk of the
15 circuit court.
16 (c-20) If the State Disbursement Unit receives a support
17 payment that was not appropriately made to the Unit under
18 this Section, the Unit shall immediately return the payment
19 to the sender, including, if possible, instructions detailing
20 where to send the support payments.
21 (d) The notices required under subsections (c-10) and
22 (c-15) may be sent by ordinary mail, certified mail, return
23 receipt requested, facsimile transmission, or other
24 electronic process, or may be served upon the obligor or
25 payor using any method provided by law for service of a
26 summons. A copy of the notice shall be provided to the
27 obligee and, when the order for support was entered by the
28 court, to the clerk of the court.
29 (15 ILCS 205/7.78 new)
30 Sec. 7.78. Information to State Case Registry.
31 (a) When an order for support is entered or modified by
32 the circuit court under Section 7.60, the clerk of the
33 circuit court shall, within 5 business days, provide to the
-37- LRB9206548DJgc
1 State Case Registry established under Section 7.305 the court
2 docket number and county in which the order is entered or
3 modified and the following information, which the parties
4 shall disclose to the court:
5 (1) The names of the custodial and non-custodial
6 parents and the child or children covered by the order.
7 (2) The dates of birth of the custodial and
8 non-custodial parents and of the child or children
9 covered by the order.
10 (3) The social security numbers of the custodial
11 and non-custodial parents and of the child or children
12 covered by the order.
13 (4) The residential and mailing addresses for the
14 custodial and non-custodial parents.
15 (5) The telephone numbers for the custodial and
16 non-custodial parents.
17 (6) The driver's license numbers for the custodial
18 and non-custodial parents.
19 (7) The name, address, and telephone number of each
20 parent's employer or employers.
21 (b) When a child support order is entered or modified
22 for a case in which a party is receiving child and spouse
23 support services under Sections 7.1 through 7.305, the clerk
24 shall provide the State Case Registry with the following
25 information:
26 (1) The information specified in subsection (a) of
27 this Section.
28 (2) The amount of monthly or other periodic support
29 owed under the order and other amounts, including
30 arrearages, interest, or late payment penalties and fees,
31 due or overdue under the order.
32 (3) Any amounts described in subdivision (2) of
33 this subsection (b) that have been received by the clerk.
34 (4) The distribution of the amounts received by the
-38- LRB9206548DJgc
1 clerk.
2 (c) A party shall report to the clerk of the circuit
3 court changes in information required to be disclosed under
4 this Section within 5 business days of the change.
5 (d) To the extent that updated information is in the
6 clerk's possession, the clerk shall provide updates of the
7 information specified in subsection (b) of this Section
8 within 5 business days after the Attorney General's request
9 for that updated information.
10 (15 ILCS 205/7.80 new)
11 Sec. 7.80. Administrative orders. In lieu of actions for
12 court enforcement of support under Section 7.60, the Child
13 and Spouse Support Unit of the Attorney General, in
14 accordance with the rules of the Attorney General, may issue
15 an administrative order requiring the responsible relative to
16 comply with the terms of the determination and notice of
17 support due, determined and issued under Sections 7.40 and
18 7.45. The Unit may also enter an administrative order under
19 subsection (b) of Section 7.45. The administrative order
20 shall be served upon the responsible relative by United
21 States registered or certified mail. In cases in which the
22 responsible relative appeared at the office of the Child and
23 Spouse Support Unit in response to the notice of support
24 obligation issued under Section 7.30, however, or in cases of
25 default in which the notice was served on the responsible
26 relative by certified mail, return receipt requested, or by
27 any method provided by law for service of summons, the
28 administrative determination of paternity or administrative
29 support order may be sent to the responsible relative by
30 ordinary mail addressed to the responsible relative's last
31 known address.
32 If a responsible relative or a person receiving child and
33 spouse support services under Sections 7.1 through 7.305
-39- LRB9206548DJgc
1 fails to petition the Attorney General for release from or
2 modification of the administrative order, as provided in
3 Section 7.90 or Section 7.95, the order shall become final
4 and there shall be no further administrative or judicial
5 remedy. Likewise a decision by the Attorney General as a
6 result of an administrative hearing, as provided in Sections
7 7.97 through 7.145, shall become final and enforceable if not
8 judicially reviewed under the Administrative Review Law, as
9 provided in Section 7.150.
10 Any new or existing support order entered by the Attorney
11 General 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 (15 ILCS 205/7.85 new)
27 Sec. 7.85. Unemployed responsible relatives.
28 (a) Whenever it is determined in a proceeding under
29 Section 7.40, 7.45, 7.80, or 7.180 that the responsible
30 relative is unemployed, and support is sought on behalf of
31 applicants for or recipients of financial aid under Article
32 IV of the Illinois Public Aid Code or other persons who are
33 given access to the child and spouse support services of that
-40- LRB9206548DJgc
1 Article as provided in Section 7.5 of this Act, the
2 administrative enforcement unit may order the responsible
3 relative to report to the Department of Human Services for
4 participation in job search, training or work programs
5 established under Section 9-6 and Article IXA of the Illinois
6 Public Aid Code or to the Illinois Department of Employment
7 Security for job search services or to make application with
8 the local Jobs Training Partnership Act provider for
9 participation in job search, training or work programs.
10 (b) Whenever it is determined that a responsible
11 relative owes past-due support for a child under an
12 administrative support order entered under subsection (b) of
13 Section 7.45 or under Section 7.80 or 7.180 and the child is
14 receiving assistance under the Illinois Public Aid Code, the
15 administrative enforcement unit shall order the following:
16 (1) that the responsible relative pay the past-due
17 support in accordance with a plan approved by the
18 administrative enforcement unit; or
19 (2) if the responsible relative owing past-due
20 support is unemployed, is subject to such a plan, and is
21 not incapacitated, that the responsible relative
22 participate in job search, training, or work programs
23 established under Section 9-6 and Article IXA of the
24 Illinois Public Aid Code.
25 (15 ILCS 205/7.87 new)
26 Sec. 7.87. Administrative support order information for
27 State Case Registry. When the Attorney General enters an
28 administrative support order under Section 7.52 or Section
29 7.80, or modifies such an order, the custodial parent and the
30 non-custodial parent shall provide to the Attorney General,
31 and update as appropriate, the following information to be
32 included in the State Case Registry established under Section
33 7.305:
-41- LRB9206548DJgc
1 (1) The names of the custodial and non-custodial
2 parents and of the child or children covered by the
3 order.
4 (2) The dates of birth of the custodial and
5 non-custodial parents and of the child or children
6 covered by the order.
7 (3) The social security numbers of the custodial
8 and non-custodial parents and of the child or children
9 covered by the order.
10 (4) The residential and mailing addresses for the
11 custodial and non-custodial parents.
12 (5) The telephone numbers for the custodial and
13 non-custodial parents.
14 (6) The driver's license numbers for the custodial
15 and non-custodial parents.
16 (7) The name, address, and telephone number of each
17 parent's employer or employers.
18 (8) Any other information that may be required
19 under Title IV, Part D of the Social Security Act or
20 regulations promulgated thereunder.
21 (15 ILCS 205/7.90 new)
22 Sec. 7.90. Petition by responsible relative for release
23 from or modification of administrative support order or
24 administrative determination of paternity.
25 (a) Any responsible relative aggrieved by an
26 administrative order entered under Section 7.80 or 7.85 or an
27 administrative determination of paternity entered under
28 Section 7.210 who has been duly notified of such order or
29 determination, may within 30 days from the date of mailing of
30 such order or determination, petition the Attorney General
31 for a release from or modification of the order or
32 determination. The day immediately subsequent to the mailing
33 of the order or determination shall be considered as the
-42- LRB9206548DJgc
1 first day, and the day such petition is received by the
2 Attorney General shall be considered as the last day in
3 computing the 30 day appeal period.
4 The Attorney General shall, upon receipt of a petition
5 within the 30 day appeal period, provide for a hearing to be
6 held thereon.
7 (b) Notwithstanding the 30-day appeal period set forth
8 in subsection (a), a man against whom a default
9 administrative determination of paternity has been entered
10 may have the determination vacated if, within 30 days after
11 being served with the determination, he appears in person at
12 the office to which he was given notice to appear for an
13 interview and files a written request for relief from the
14 determination. The Attorney General shall then proceed with
15 the establishment of paternity. A man may obtain relief
16 under this subsection from an administrative determination
17 of paternity only once in any proceeding to establish
18 paternity.
19 (15 ILCS 205/7.95 new)
20 Sec. 7.95. Petition by person receiving child and spouse
21 support services for release from or modification of
22 administrative support order or administrative determination
23 of paternity. Any person receiving child and spouse support
24 services under Sections 7.1 through 7.305 who is aggrieved by
25 an administrative order entered under Section 7.80 or 7.85 or
26 an administrative determination of paternity entered under
27 Section 7.210 who has been duly notified of the order or
28 determination may, within 30 days after the date of mailing
29 of the order or determination, petition the Attorney General
30 for release from or modification of the order or
31 determination. The day immediately subsequent to the mailing
32 of the order or determination shall be considered as the
33 first day and the day the petition is received by the
-43- LRB9206548DJgc
1 Attorney General shall be considered as the last day in
2 computing the 30-day appeal period. Upon receiving a petition
3 within the 30-day appeal period, the Attorney General shall
4 provide for a hearing to be held on the petition.
5 (15 ILCS 205/7.97 new)
6 Sec. 7.97. Hearing on petition. The Attorney General, or
7 any officer or employee thereof designated in writing by the
8 Attorney General, shall conduct hearings and investigations
9 in connection with petitions filed pursuant to Section 7.90
10 or Section 7.95. Responsible relatives and persons receiving
11 child and spouse support services under Sections 7.1 through
12 7.305 shall be entitled to appear in person, to be
13 represented by counsel at the hearing and to present all
14 relevant matter in support of their petitions. The provisions
15 of Sections 7.100 through 7.145 shall govern the hearing.
16 The hearing shall be de novo and the Attorney General's
17 determination of liability or non-liability shall be
18 independent of the determination of the administrative
19 enforcement unit.
20 (15 ILCS 205/7.100 new)
21 Sec. 7.100. Examination of records. The Attorney
22 General, or any properly designated officer or employee
23 thereof, may examine any books, papers, records or memoranda
24 bearing upon the determination of ability to support and the
25 order for support and upon any matter pertinent to the
26 relative's petition and may compel the attendance and
27 testimony of any person or persons, including the petitioning
28 responsible relative, having knowledge of matters germane to
29 the determination order, or the petition.
30 (15 ILCS 205/7.105 new)
31 Sec. 7.105. Hearings not subject to technical rules of
-44- LRB9206548DJgc
1 evidence or procedure. In the conduct of any hearing or
2 investigation, neither the Attorney General nor a person duly
3 authorized to conduct such hearing or investigation, shall be
4 bound by the technical rules of evidence, common law or
5 statutory, or by technical or formal rules of procedure, but
6 shall conduct the hearing or make the investigation in such
7 manner as seems best calculated to conform to substantial
8 justice and the spirit of the Illinois Public Aid Code and
9 Sections 7.1 through 7.305 of this Act. No informality in any
10 proceedings, or in the manner of taking testimony, shall
11 invalidate any order or decision made by the Attorney General
12 pursuant to such hearing or investigation.
13 (15 ILCS 205/7.110 new)
14 Sec. 7.110. Authority to administer oaths. The Attorney
15 General, or any person duly authorized to conduct such
16 hearing or investigation, shall have power to administer
17 oaths. Every person who, having taken an oath or made
18 affirmation before the Attorney General, or any duly
19 authorized officer or employee thereof, shall wilfully swear
20 or affirm falsely, shall be guilty of perjury, and upon
21 conviction shall be punished accordingly.
22 (15 ILCS 205/7.115 new)
23 Sec. 7.115. Proof of records. The books, papers, records
24 and memoranda of the Illinois Department of Public Aid, the
25 Illinois Department of Human Services, and the Attorney
26 General or of the administrative enforcement unit, or parts
27 thereof, may be proved in any hearing, investigation, or
28 legal proceeding by a photostatic or other copy thereof under
29 the certificate of their respective Directors, and the
30 Attorney General or their designees. Such certified copy
31 shall, without further proof, be admitted into evidence in
32 the hearing before the Attorney General or in any other legal
-45- LRB9206548DJgc
1 proceeding.
2 (15 ILCS 205/7.120 new)
3 Sec. 7.120. Proof of necessitous circumstances. Proof in
4 any hearing before the Attorney General that a person is an
5 applicant for or recipient of assistance under the Illinois
6 Public Aid Code shall be prima facie proof that he is a
7 "person who is in necessitous circumstances by reason of
8 infirmity, unemployment, or other cause depriving him of the
9 means of a livelihood compatible with health and well-being",
10 within the meaning of the Illinois Public Aid Code.
11 (15 ILCS 205/7.125 new)
12 Sec. 7.125. Subpoenas.
13 (a) The Attorney General, or any officer or employee
14 thereof designated in writing by the Attorney General, shall
15 at his own instance, or on the written request of any other
16 party to the proceeding, issue subpoenas requiring the
17 attendance of and the giving of testimony by witnesses, and
18 subpoenas duces tecum requiring the production of books,
19 papers, records or memoranda. The subpoenas and subpoenas
20 duces tecum may be served by any person of full age. Any
21 subpoena may be served in the same manner as a subpoena
22 issued out of a circuit court, and may also be served by
23 United States registered or certified mail, addressed to the
24 person concerned at his last known address, and proof of such
25 mailing shall be sufficient for the purposes of Sections 7.1
26 through 7.305.
27 (b) Subpoenas duces tecum issued in other states shall
28 be afforded full faith and credit in this State. Every such
29 subpoena shall have the full force, effect, and attributes
30 of a subpoena issued in this State, including the ability to
31 be enforced.
-46- LRB9206548DJgc
1 (15 ILCS 205/7.130 new)
2 Sec. 7.130. Witness fees. The fees of witnesses for
3 attendance and travel shall be the same as the fees of
4 witnesses before the circuit court of this State; such fees
5 to be paid when the witness is excused from further
6 attendance. When the witness is subpoenaed at the instance of
7 the Attorney General or any employee thereof, the fees shall
8 be paid in the same manner as other expenses of the Attorney
9 General. If the witness is subpoenaed at the instance of any
10 other party to the proceeding, the Attorney General may
11 require that the cost of service of the subpoena or subpoena
12 duces tecum and the fee of the witness be borne by the party
13 at whose instance the witness is summoned. In such case, the
14 Attorney General may require a deposit to cover the cost of
15 such service and witness fees.
16 (15 ILCS 205/7.135 new)
17 Sec. 7.135. Compelling attendance of witness and
18 production of records. The circuit court, of the county
19 wherein the investigation or administrative hearing is held,
20 upon the application of the Attorney General or any duly
21 authorized officer or employee thereof, or upon the
22 application of any other party to the proceeding, may, in its
23 discretion, compel the attendance of witnesses, the
24 production of books, papers, records or memorandum and the
25 giving of testimony before the Attorney General or any duly
26 authorized officer or employee thereof conducting an
27 investigation or holding a hearing authorized by Sections 7.1
28 through 7.305, by an attachment for contempt, or otherwise,
29 in the same manner as production of evidence may be compelled
30 before the court.
31 (15 ILCS 205/7.140 new)
32 Sec. 7.140. Penalty for non-compliance with subpoena.
-47- LRB9206548DJgc
1 Any person who is served with a subpoena or subpoena duces
2 tecum, issued by the Attorney General or any duly authorized
3 officer or employee thereof, to appear and testify or to
4 produce books and papers, in the course of an investigation
5 or hearing authorized by law, and who refuses or neglects to
6 appear, or to testify, or to produce books and papers
7 relevant to such investigation or hearing, as commanded in
8 such subpoena, shall be guilty of a Class B misdemeanor.
9 (15 ILCS 205/7.145 new)
10 Sec. 7.145. Depositions. The Attorney General or any
11 duly authorized officer or employee thereof, or any other
12 party in an investigation or hearing before the Attorney
13 General, may cause the depositions of witnesses within or
14 without the State to be taken in the manner prescribed by law
15 for like depositions in civil actions in courts of this
16 State, and to that end compel the attendance of witnesses and
17 the production of books, papers, records or memoranda.
18 (15 ILCS 205/7.150 new)
19 Sec. 7.150. Review of Attorney General decision on
20 petition for hearing. Any responsible relative or person
21 receiving child and spouse support services under Sections
22 7.1 through 7.305 affected by a final administrative decision
23 of the Attorney General in a hearing, conducted pursuant to
24 Sections 7.97 through 7.145 in which such relative or person
25 receiving services was a party, may have the decision
26 reviewed only under and in accordance with the Administrative
27 Review Law. The provisions of the Administrative Review Law,
28 and the rules adopted pursuant thereto, shall apply to and
29 govern all proceedings for the judicial review of such final
30 administrative decisions of the Attorney General. The term
31 "administrative decision" is defined as in Section 3-101 of
32 the Code of Civil Procedure.
-48- LRB9206548DJgc
1 Appeals from all final orders and judgments entered by a
2 court upon review of the Attorney General's order in any case
3 may be taken by either party to the proceeding and shall be
4 governed by the rules applicable to appeals in civil cases.
5 The remedy herein provided for appeal shall be exclusive,
6 and no court shall have jurisdiction to review the subject
7 matter of any order made by the Attorney General except as
8 herein provided.
9 (15 ILCS 205/7.152 new)
10 Sec. 7.152. Relief from administrative orders.
11 Notwithstanding the 30-day appeal period provided in Sections
12 7.90 and 7.95 and the limitation on review of final
13 administrative decisions contained in Section 7.150, a
14 responsible relative or a person receiving child and spouse
15 support services under Sections 7.1 through 7.305 who is
16 aggrieved by an administrative order entered under Section
17 7.80 or 7.85 or an administrative determination of paternity
18 entered under Section 7.210 and who did not petition within
19 the 30-day appeal period may petition the Attorney General
20 for relief from the administrative order or determination on
21 the same grounds as are provided for relief from judgments
22 under Section 2-1401 of the Code of Civil Procedure. The
23 petition must be filed not later than 2 years after the entry
24 of the order or determination by the Attorney General. The
25 day immediately subsequent to the mailing of the order or
26 determination shall be considered as the first day and the
27 day the petition is received by the Attorney General shall be
28 considered as the last day in computing the 2-year period.
29 Any period during which the person seeking relief is under a
30 legal disability or duress or during which the grounds for
31 relief are fraudulently concealed shall be excluded in
32 computing the period of 2 years.
33 Upon receiving a petition within the 2-year period, the
-49- LRB9206548DJgc
1 Attorney General shall provide for a hearing to be held on
2 the petition.
3 (15 ILCS 205/7.155 new)
4 Sec. 7.155. Enforcement of administrative order. If a
5 responsible relative refuses, neglects, or fails to comply
6 with a final administrative support or reimbursement order of
7 the Attorney General entered by the Child and Spouse Support
8 Unit pursuant to Section 7.80 or 7.85 or registered pursuant
9 to Section 7.180, the Child and Spouse Support Unit may file
10 suit against the responsible relative or relatives to secure
11 compliance with the administrative order.
12 Suits shall be instituted in the name of the People of
13 the State of Illinois on the relation of the Attorney General
14 of the State of Illinois and the spouse or dependent children
15 for whom the support order has been issued.
16 The court shall order the payment of the support
17 obligation, or orders for reimbursement of moneys for support
18 provided, directly to the Attorney General but the order
19 shall permit the Attorney General to direct the responsible
20 relative or relatives to make payments of support directly to
21 the spouse or dependent children, or to some person or agency
22 in his or their behalf, as provided in Section 7.50 or 7.60,
23 as applicable.
24 Whenever it is determined in a proceeding to enforce an
25 administrative order that the responsible relative is
26 unemployed, and support is sought on behalf of applicants for
27 or recipients of financial aid under Article IV of the
28 Illinois Public Aid Code or other persons who are given
29 access to the child and spouse support services of Sections
30 7.1 through 7.305 as provided in Section 7.5, the court may
31 order the responsible relative to seek employment and report
32 periodically to the court with a diary, listing or other
33 memorandum of his or her efforts in accordance with such
-50- LRB9206548DJgc
1 order. In addition, the court may order the unemployed
2 responsible relative to report to the Department of Human
3 Services for participation in job search, training or work
4 programs established under Section 9-6 and Article IXA of the
5 Illinois Public Aid Code or to the Illinois Department of
6 Employment Security for job search services or to make
7 application with the local Jobs Training Partnership Act
8 provider for participation in job search, training or work
9 programs.
10 To the extent the provisions of this Section are
11 inconsistent with the requirements pertaining to the State
12 Disbursement Unit under Sections 7.76 and 7.295, the
13 provisions pertaining to the State Disbursement Unit shall
14 apply.
15 (15 ILCS 205/7.160 new)
16 Sec. 7.160. Judicial enforcement of court and
17 administrative support orders. Court orders entered in
18 proceedings under Section 7.60 and court orders for
19 enforcement of an administrative order under Section 7.155
20 and for the payment of money may be enforced by attachment as
21 for contempt against the persons of the defendants, and in
22 addition, as other judgments for the payment of money, and
23 costs may be adjudged against the defendants and apportioned
24 among them; but if the complaint is dismissed, costs shall be
25 borne by the Attorney General or the local governmental unit,
26 as the case may be. If a responsible relative is directed by
27 the Attorney General, or the local governmental unit, under
28 the conditions stated in Section 7.50, to make support
29 payments directly to the person, or to some person or agency
30 in his behalf, the court order entered against him under this
31 Section or Section 7.60 may be enforced as herein provided if
32 he thereafter fails to furnish support in accordance with its
33 terms. The State of Illinois shall not be required to make a
-51- LRB9206548DJgc
1 deposit for or pay any costs or fees of any court or officer
2 thereof in any proceeding instituted under this Section.
3 The provisions of the Civil Practice Law, and all
4 amendments and modifications thereof, shall apply to and
5 govern all actions instituted under this Section and Section
6 7.60. In such actions proof that a person is an applicant for
7 or recipient of public aid under any Article of the Illinois
8 Public Aid Code shall be prima facie proof that he is a
9 person in necessitous circumstances by reason of infirmity,
10 unemployment or other cause depriving him of the means of a
11 livelihood compatible with health and well-being.
12 Payments under this Section to the Illinois Department of
13 Public Aid or the Attorney General pursuant to the Child
14 Support Enforcement Program established by Title IV-D of the
15 Social Security Act shall be paid into the Child Support
16 Enforcement Trust Fund. All payments under this Section to
17 the Illinois Department of Human Services shall be deposited
18 in the DHS Recoveries Trust Fund. Disbursements from these
19 funds shall be as provided in Sections 12-9.1 and 12-10.2 of
20 the Illinois Public Aid Code. Payments received by a local
21 governmental unit shall be deposited in that unit's General
22 Assistance Fund.
23 In addition to the penalties or punishment that may be
24 imposed under this Section, any person whose conduct
25 constitutes a violation of Section 15 of the Non-Support
26 Punishment Act may be prosecuted under that Section, and a
27 person convicted under that Section may be sentenced in
28 accordance with that Section. The sentence may include but
29 need not be limited to a requirement that the person perform
30 community service under subsection (b) of that Section or
31 participate in a work alternative program under subsection
32 (c) of that Section. A person may not be required to
33 participate in a work alternative program under subsection
34 (c) of that Section if the person is currently participating
-52- LRB9206548DJgc
1 in a work program pursuant to Section 7.85 of this Act.
2 To the extent the provisions of this Section are
3 inconsistent with the requirements pertaining to the State
4 Disbursement Unit under Sections 7.76 and 7.295, the
5 provisions pertaining to the State Disbursement Unit shall
6 apply.
7 (15 ILCS 205/7.165 new)
8 Sec. 7.165. Withholding of income to secure payment of
9 support. Orders for support entered under Sections 7.1
10 through 7.305 of this Act are subject to the Income
11 Withholding for Support Act.
12 (15 ILCS 205/7.170 new)
13 Sec. 7.170. Posting security, bond or guarantee to
14 secure payment. The court may require the responsible
15 relative to post security or bond or give some other
16 guarantee of a character and amount sufficient to assure
17 payment of any amount of support due.
18 (15 ILCS 205/7.172 new)
19 Sec. 7.172. Information concerning obligors.
20 (a) In this Section:
21 "Arrearage", "delinquency", "obligor", and "order for
22 support" have the meanings attributed to those terms in
23 Section 7.165 of this Act.
24 "Consumer reporting agency" has the meaning attributed to
25 that term in Section 603(f) of the Fair Credit Reporting Act,
26 15 U.S.C. 1681a(f).
27 (b) Whenever a court of competent jurisdiction finds
28 that an obligor either owes an arrearage of more than $10,000
29 or is delinquent in payment of an amount equal to at least 3
30 months' support obligation pursuant to an order for support,
31 the court shall direct the clerk of the court to make
-53- LRB9206548DJgc
1 information concerning the obligor available to consumer
2 reporting agencies.
3 (c) Whenever a court of competent jurisdiction finds
4 that an obligor either owes an arrearage of more than $10,000
5 or is delinquent in payment of an amount equal to at least 3
6 months' support obligation pursuant to an order for support,
7 the court shall direct the clerk of the court to cause the
8 obligor's name and address to be published in a newspaper of
9 general circulation in the area in which the obligor resides.
10 The clerk shall cause the obligor's name and address to be
11 published only after sending to the obligor at the obligor's
12 last known address, by certified mail, return receipt
13 requested, a notice of intent to publish the information.
14 This subsection (c) applies only if the obligor resides in
15 the county in which the clerk of the court holds office.
16 (15 ILCS 205/7.173 new)
17 Sec. 7.173. Interest on support obligations. A support
18 obligation, or any portion of a support obligation, which
19 becomes due and remains unpaid for 30 days or more shall
20 accrue interest at the rate of 9% per annum.
21 (15 ILCS 205/7.174 new)
22 Sec. 7.174. Electronic Funds Transfer Committee.
23 (a) The Attorney General shall establish within the
24 Office of the Attorney General an Electronic Funds Transfer
25 Committee. The Attorney General or his or her designee shall
26 be a member of the committee and shall serve as chairperson
27 of the committee. The Attorney General shall appoint 4 other
28 members of the committee, 2 of whom shall represent employers
29 in this State and 2 of whom shall represent the banking
30 industry in this State. The administrator of the State
31 Disbursement Unit established under Section 7.295 shall be an
32 ex officio member of the committee.
-54- LRB9206548DJgc
1 (b) The committee shall study ways to modify or expand
2 the use of electronic funds transfers for the payment of
3 child support. The committee shall report its findings and
4 recommendations to the Governor and the General Assembly
5 before December 1, 2001.
6 (c) The committee is abolished on December 1, 2001.
7 (15 ILCS 205/7.175 new)
8 Sec. 7.175. Other actions and remedies for support. The
9 procedures, actions and remedies provided in Sections 7.1
10 through 7.305 shall in no way be exclusive, but shall be
11 available in addition to other actions and remedies of
12 support, including, but not by way of limitation, the
13 remedies provided in the Paternity Act, the Non-Support of
14 Spouse and Children Act, the Non-Support Punishment Act, and
15 the Revised Uniform Reciprocal Enforcement of Support Act.
16 (15 ILCS 205/7.180 new)
17 Sec. 7.180. Administrative order by registration. The
18 Attorney General may provide by rule for the administrative
19 registration of a support order entered by a court or
20 administrative body of another state. The purpose of
21 registration shall be to enforce or modify the order in
22 accordance with the provisions of the Uniform Interstate
23 Family Support Act. Upon registration, such support order
24 shall become an administrative order of the Child and Spouse
25 Support Unit by operation of law. The rule shall provide for
26 notice to and an opportunity to be heard by the responsible
27 relative and custodial parent affected and any final
28 administrative decision rendered by the Attorney General
29 shall be reviewed only under and in accordance with the
30 Administrative Review Law.
31 Any new or existing support order registered by the
32 Attorney General under this Section shall be deemed to be a
-55- LRB9206548DJgc
1 series of judgments against the person obligated to pay
2 support thereunder, each such judgment to be in the amount of
3 each payment or installment of support and each such judgment
4 to be deemed entered as of the date the corresponding payment
5 or installment becomes due under the terms of the support
6 order. Each such judgment shall be enforceable in the same
7 manner as any other judgment in this State. A lien arises by
8 operation of law against the real and personal property of
9 the noncustodial parent for each installment of overdue
10 support owed by the noncustodial parent.
11 (15 ILCS 205/7.185 new)
12 Sec. 7.185. Income withholding by administrative order.
13 The Attorney General may provide by rule for entry of an
14 administrative support order containing income withholding
15 provisions and for service and enforcement of an income
16 withholding notice, by the Child and Spouse Support Unit
17 based upon and in the same manner as prescribed by the Income
18 Withholding for Support Act. The penalties provided in the
19 Income Withholding for Support Act shall apply hereto and
20 shall be enforced by filing an action under that Act. The
21 rule shall provide for notice to and an opportunity to be
22 heard by the responsible relative affected and any final
23 administrative decision rendered by the Attorney General
24 shall be reviewed only under and in accordance with the
25 Administrative Review Law.
26 (15 ILCS 205/7.190 new)
27 Sec. 7.190. Federal income tax refund intercept. The
28 Attorney General may provide by rule for certification to the
29 Department of Health and Human Services of past due support
30 owed by responsible relatives under a support order entered
31 by a court or administrative body of this or any other State
32 on behalf of resident or non-resident persons. The purpose
-56- LRB9206548DJgc
1 of certification shall be to intercept federal income tax
2 refunds due such relatives in order to satisfy such past due
3 support in whole or in part.
4 The rule shall provide for notice to and an opportunity
5 to be heard by the responsible relative affected and any
6 final administrative decision rendered by the Attorney
7 General shall be reviewed only under and in accordance with
8 the Administrative Review Law. Certification shall be
9 accomplished in accordance with Title IV, Part D of the
10 federal Social Security Act and rules and regulations
11 promulgated thereunder.
12 (15 ILCS 205/7.195 new)
13 Sec. 7.195. Security, bond or guarantee to secure
14 payment. The Attorney General may provide by rule for the
15 requiring of, or for the requesting of the court to require,
16 a responsible relative to post security or bond or give some
17 other guarantee of a character and amount sufficient to
18 assure payment of any amount due under a support order
19 entered by a court or administrative body of this or any
20 other State on behalf of resident or non-resident persons.
21 The rule shall provide for notice to and an opportunity to be
22 heard by each responsible relative affected and any final
23 administrative decision rendered by the Attorney General
24 shall be reviewed only under and in accordance with the
25 Administrative Review Law.
26 (15 ILCS 205/7.200 new)
27 Sec. 7.200. State income tax refund and other payment
28 intercept. The Attorney General may provide by rule for
29 certification to the Comptroller of past due support owed by
30 responsible relatives under a support order entered by a
31 court or administrative body of this or any other State on
32 behalf of resident or non-resident persons. The purpose of
-57- LRB9206548DJgc
1 certification shall be to intercept state income tax refunds
2 and other payments due such relatives in order to satisfy
3 such past due support, in whole or in part, whether or not
4 such support is owed to the State. The rule shall provide
5 (i) for notice to and an opportunity to be heard by the
6 responsible relative and any joint payee affected, (ii) that
7 any final administrative decision rendered by the Attorney
8 General shall be reviewed only under and in accordance with
9 the Administrative Review Law, (iii) for distribution of
10 intercepted moneys in accordance with the federal Personal
11 Responsibility and Work Opportunity Reconciliation Act of
12 1996, and (iv) for provision of the responsible relative's
13 social security number (or numbers if the responsible
14 relative has more than one such number) and home address to
15 the Illinois Department of Public Aid and to the Attorney
16 General. In any case where a state income tax refund is
17 intercepted wrongfully or erroneously, the Attorney General
18 shall pay to such relative and any joint payee affected the
19 amount of the refund plus interest, if any, on such amount at
20 the rate of 9% per annum (or at such adjusted rate as is
21 established under Section 6621(b) of the Internal Revenue
22 Code). Interest shall be calculated from the date the
23 Attorney General receives the refund or from 60 days
24 following the date the Attorney General receives a request to
25 be heard, whichever is later, until the date of payment to
26 such relative and joint payee.
27 (15 ILCS 205/7.205 new)
28 Sec. 7.205. Past due support information to licensing
29 agencies. The Attorney General may provide by rule for
30 certification to any State licensing agency of past due
31 support owed by responsible relatives under a support order
32 entered by a court or administrative body of this or any
33 other State on behalf of resident or non-resident persons.
-58- LRB9206548DJgc
1 The rule shall provide for notice to and an opportunity to be
2 heard by each responsible relative affected and any final
3 administrative decision rendered by the Attorney General
4 shall be reviewed only under and in accordance with the
5 Administrative Review Law.
6 (15 ILCS 205/7.210 new)
7 Sec. 7.210. Administrative determination of paternity.
8 The Attorney General may provide by rule for the
9 administrative determination of paternity by the Child and
10 Spouse Support Unit in cases involving applicants for or
11 recipients of financial aid under Article IV of the Illinois
12 Public Aid Code and other persons who are given access to the
13 child and spouse support services of Sections 7.1 through
14 7.305 as provided in Section 7.5, including persons similarly
15 situated and receiving similar services in other states. The
16 rules shall extend to cases in which the mother and alleged
17 father voluntarily acknowledge paternity in the form required
18 by the Attorney General, or agree to be bound by the results
19 of genetic testing, or in which the alleged father has failed
20 to respond to a notification of support obligation issued
21 under Section 7.30, and to cases of contested paternity. Any
22 presumption provided for under the Illinois Parentage Act of
23 1984 shall apply to cases in which paternity is determined
24 under the rules of the Attorney General. The rules shall
25 provide for notice and an opportunity to be heard by the
26 responsible relative and the person receiving child and
27 spouse support services under Sections 7.1 through 7.305 if
28 paternity is not voluntarily acknowledged, and any final
29 administrative decision rendered by the Attorney General
30 shall be reviewed only under and in accordance with the
31 Administrative Review Law. Determinations of paternity made
32 by the Attorney General under the rules authorized by this
33 Section shall have the full force and effect of a court
-59- LRB9206548DJgc
1 judgment of paternity entered under the Illinois Parentage
2 Act of 1984.
3 In determining paternity in contested cases, the Attorney
4 General shall conduct the evidentiary hearing in accordance
5 with Section 11 of the Parentage Act of 1984, except that
6 references in that Section to "the court" shall be deemed to
7 mean the Attorney General's hearing officer in cases in which
8 paternity is determined administratively by the Attorney
9 General.
10 The Attorney General shall provide by rule for procedures
11 for genetic testing in accordance with any applicable federal
12 laws.
13 Notwithstanding any other provision of Sections 7.1
14 through 7.305, a default determination of paternity may be
15 made if service of the notice under Section 7.30 was made by
16 publication under the rules for administrative paternity
17 determination authorized by this Section. The rules as they
18 pertain to service by publication shall (i) be based on the
19 provisions of Section 2-206 and 2-207 of the Code of Civil
20 Procedure, (ii) provide for service by publication in cases
21 in which the whereabouts of the alleged father are unknown
22 after diligent location efforts by the Child and Spouse
23 Support Unit, and (iii) provide for publication of a notice
24 of default paternity determination in the same manner that
25 the notice under Section 7.30 was published.
26 The Attorney General may implement this Section through
27 the use of emergency rules in accordance with Section 5-45 of
28 the Illinois Administrative Procedure Act. For purposes of
29 the Illinois Administrative Procedure Act, the adoption of
30 rules to implement this Section shall be considered an
31 emergency and necessary for the public interest, safety, and
32 welfare.
33 (15 ILCS 205/7.215 new)
-60- LRB9206548DJgc
1 Sec. 7.215. New birth certificate. The Attorney General
2 shall notify the Department of Public Health of a final
3 determination of parentage and a voluntary acknowledgment of
4 paternity made under the rules authorized by Section 7.210,
5 and the Department of Public Health shall issue a new
6 certificate of birth pursuant to Section 17 of the Vital
7 Records Act.
8 (15 ILCS 205/7.220 new)
9 Sec. 7.220. Past due support information to State
10 Department of Revenue.
11 (a) The Attorney General may provide by rule for
12 certification to the Illinois Department of Revenue of past
13 due support owed by responsible relatives under a support
14 order entered by a court or administrative body of this or
15 any other State on behalf of resident or non-resident
16 persons. The rule shall provide for notice to and an
17 opportunity to be heard by each responsible relative
18 affected. Any final administrative decision rendered by the
19 Attorney General shall be reviewed only under and in
20 accordance with the Administrative Review Law. A responsible
21 relative may avoid certification to the Illinois Department
22 of Revenue by establishing a satisfactory repayment record as
23 determined by the Attorney General.
24 (b) A certified past due support amount shall be final.
25 The certified amount shall be payable to the Illinois
26 Department of Revenue upon written notification of the
27 certification to the responsible relative by the Illinois
28 Department of Revenue.
29 (c) In the event a responsible relative overpays
30 pursuant to collection under this Section and the applicable
31 Sections of the Illinois Income Tax Act, the overpayment
32 shall be a credit against future support obligations. If the
33 current support obligation of the responsible relative has
-61- LRB9206548DJgc
1 terminated under operation of law or court order, any moneys
2 overpaid but still in the possession of the Attorney General
3 shall be promptly returned to the responsible relative.
4 (d) Except as otherwise provided in this Article, any
5 child support delinquency certified to the Illinois
6 Department of Revenue shall be treated as a child support
7 delinquency for all other purposes, and any collection action
8 by the State's Attorney or the Illinois Department of Revenue
9 with respect to any delinquency certified under Sections 7.1
10 through 7.305 shall have the same priority against
11 attachment, execution, assignment, or other collection action
12 as is provided by any other provision of State law.
13 (e) Any child support delinquency collected by the
14 Illinois Department of Revenue, including those amounts that
15 result in overpayment of a child support delinquency, shall
16 be paid to the State Disbursement Unit established under
17 Section 7.295.
18 (15 ILCS 205/7.221 new)
19 Sec. 7.221. Requests to other states for administrative
20 enforcement. The Attorney General may provide by rule for the
21 procedures to be followed in the administrative enforcement
22 of interstate cases. The rule may provide for responses to
23 requests made by other states to enforce support orders in
24 accordance with any applicable federal laws and regulations,
25 for certification to other states' child support enforcement
26 agencies of past due support owed by responsible relatives
27 under a support order entered by a court or administrative
28 body of this or any other state on behalf of resident or
29 nonresident persons (including certification of the amount of
30 support in arrears and of compliance with all procedural due
31 process requirements), and for maintenance of records
32 relating to interstate cases. The purpose of certification
33 shall be to request the other states' assistance in
-62- LRB9206548DJgc
1 administrative enforcement of the support orders. The rule
2 shall provide for notice to and an opportunity to be heard by
3 the responsible relative affected, and any final
4 administrative decision rendered by the Attorney General
5 shall be reviewed only under and in accordance with the
6 Administrative Review Law.
7 (15 ILCS 205/7.223 new)
8 Sec. 7.223. Grandparents' support obligation. If the
9 noncustodial parent of a child is an unemancipated minor,
10 then to the extent that the minor parent has insufficient
11 financial resources to fulfill his or her support
12 responsibilities to the child, the parents of that minor
13 parent are jointly and severally responsible for any child
14 support for the child of that minor parent if that child is a
15 recipient of assistance under the State's plan for aid and
16 services to needy families with children.
17 (15 ILCS 205/7.225 new)
18 Sec. 7.225. Recoveries; deductibility of direct
19 relatives' support payment. In any actions for the recovery
20 of the financial aid, including actions for the enforcement
21 of estate and lien claims, amounts contributed by responsible
22 relatives either voluntarily or by court or administrative
23 order and paid to the Illinois Department of Public Aid or to
24 a local governmental unit shall be deducted from the claim of
25 the State or the governmental unit.
26 (15 ILCS 205/7.230 new)
27 Sec. 7.230. Support payments ordered under other laws.
28 The Attorney General, Illinois Department of Public Aid, and
29 local governmental units are authorized to receive payments
30 directed by court order for the support of recipients, as
31 provided in the following Acts:
-63- LRB9206548DJgc
1 (1) The Non-Support of Spouse and Children Act.
2 (1.5) The Non-Support Punishment Act.
3 (2) The Illinois Marriage and Dissolution of
4 Marriage Act.
5 (3) The Illinois Parentage Act of 1984.
6 (4) The Revised Uniform Reciprocal Enforcement of
7 Support Act.
8 (5) The Juvenile Court Act or the Juvenile Court
9 Act of 1987.
10 (6) The Unified Code of Corrections.
11 (7) Part 7 of Article XII of the Code of Civil
12 Procedure.
13 (8) Part 8 of Article XII of the Code of Civil
14 Procedure.
15 (9) Other laws which may provide by judicial order
16 for direct payment of support moneys.
17 Payments under this Section to the Illinois Department of
18 Public Aid or the Attorney General pursuant to the Child
19 Support Enforcement Program established by Title IV-D of the
20 Social Security Act shall be paid into the Child Support
21 Enforcement Trust Fund. All payments under this Section to
22 the Illinois Department of Human Services shall be deposited
23 in the DHS Recoveries Trust Fund. Disbursements from these
24 funds shall be as provided in Sections 12-9.1 and 12-10.2 of
25 the Illinois Public Aid Code. Payments received by a local
26 governmental unit shall be deposited in that unit's General
27 Assistance Fund.
28 To the extent the provisions of this Section are
29 inconsistent with the requirements pertaining to the State
30 Disbursement Unit under Sections 7.76 and 7.295, the
31 provisions pertaining to the State Disbursement Unit shall
32 apply.
33 (15 ILCS 205/7.235 new)
-64- LRB9206548DJgc
1 Sec. 7.235. Amnesty program. The Attorney General may
2 provide by rule for the establishment of a child support
3 enforcement amnesty program for responsible relatives who owe
4 support under Sections 7.1 through 7.305, to the extent
5 permitted by federal law and regulation. The rule shall
6 provide for the suspending of specified enforcement actions,
7 the duration of the suspension period or periods, the action
8 the responsible relative must take to avoid future
9 enforcement action, and the announcement of the program.
10 (15 ILCS 205/7.240 new)
11 Sec. 7.240. Collection of past-due child support charge.
12 The Attorney General may collect, on behalf of the Illinois
13 Department of Public Aid, any one-time charge imposed on the
14 amount of past-due child support in accordance with Section
15 10-21 of the Illinois Public Aid Code, subsection (c) of
16 Section 505 of the Illinois Marriage and Dissolution of
17 Marriage Act, Section 3 of the Non-Support of Spouse and
18 Children Act, Section 24 of the Revised Uniform Reciprocal
19 Enforcement of Support Act, and subsection (g) of Section 14
20 of the Illinois Parentage Act of 1984.
21 (15 ILCS 205/7.250 new)
22 Sec. 7.250. Employer obligations. If a parent is
23 required by a court or administrative order for support to
24 provide coverage for a child's health care expenses and if
25 that coverage is available to the parent through an employer
26 who does business in this State, the employer must do all of
27 the following upon receipt of a copy of the order of support
28 or order for withholding:
29 (1) The employer shall, upon the parent's request,
30 permit the parent to include in that coverage a child who
31 is otherwise eligible for that coverage, without regard
32 to any enrollment season restrictions that might
-65- LRB9206548DJgc
1 otherwise be applicable as to the time period within
2 which the child may be added to that coverage.
3 (2) If the parent has health care coverage through
4 the employer but fails to apply for coverage of the
5 child, the employer shall include the child in the
6 parent's coverage upon application by the child's other
7 parent or the Attorney General.
8 (3) The employer may not eliminate any child from
9 the parent's health care coverage unless the employee is
10 no longer employed by the employer and no longer covered
11 under the employer's group health plan or unless the
12 employer is provided with satisfactory written evidence
13 of either of the following:
14 (A) The court or administrative order is no
15 longer in effect.
16 (B) The child is or will be included in a
17 comparable health care plan obtained by the parent
18 under such order that is currently in effect or will
19 take effect no later than the date the prior
20 coverage is terminated.
21 The employer may eliminate a child from a parent's
22 health care coverage if the employer has eliminated
23 dependent health care coverage for all of its employees.
24 (15 ILCS 205/7.255 new)
25 Sec. 7.255. Definitions. In this Section through
26 Section 7.285:
27 "Account" means a demand deposit account, checking or
28 negotiable withdrawal order account, savings account, time
29 deposit account, or money market mutual fund account.
30 "Financial institution" includes:
31 (1) a depository institution, which is any bank or
32 saving association;
33 (2) an insured depository institution, which is any
-66- LRB9206548DJgc
1 bank or saving institution the deposits of which are
2 insured pursuant to the Federal Deposit Insurance Act, or
3 any uninsured branch or agency of a foreign bank or a
4 commercial lending company owned or controlled by a
5 foreign bank;
6 (3) a federal depository institution, which is any
7 national bank, any federal savings association, or any
8 federal branch;
9 (4) a state depository institution, which is any
10 state bank, any state savings association, or any insured
11 branch which is not a federal branch;
12 (5) a federal credit union, which is a cooperative
13 association organized in accordance with the provisions
14 of the Federal Credit Union Act;
15 (6) a state chartered credit union which is
16 organized and operated according to the laws of this or
17 any other state, which laws provide for the organization
18 of credit unions similar in principle and objectives to
19 federal credit unions; and
20 (7) any benefit association, insurance company,
21 safe deposit company, money market mutual fund, or
22 similar entity authorized to do business in this State.
23 "Financial record" has the meaning given to that term in
24 Section 1101 of the federal Right to Financial Privacy Act of
25 1978 (12 U.S.C. 3401).
26 (15 ILCS 205/7.260 new)
27 Sec. 7.260. Financial institutions data matches.
28 (a) The Attorney General may design and implement a data
29 match system pursuant to which the Attorney General shall
30 enter into agreements with financial institutions doing
31 business in this State for the purpose of identifying
32 accounts as defined in Section 7.255 of responsible relatives
33 who owe past-due child support.
-67- LRB9206548DJgc
1 (b) Every agreement entered into with a financial
2 institution under this Section shall provide, at the option
3 of the financial institution, either (i) that the financial
4 institution shall compare data concerning account holders,
5 owners, or customers who maintain one or more accounts as
6 defined in Section 7.255 at the financial institution with
7 data concerning individuals identified by the Attorney
8 General as responsible relatives who owe past-due child
9 support and for each of whom the Attorney General shall
10 provide the name, record address, and social security number
11 or tax identification number, or (ii) that the financial
12 institution shall provide the social security number or tax
13 identification number of the account holders, owners, or
14 customers who maintain one or more accounts as defined in
15 Section 7.255 at the financial institution to the Attorney
16 General, who shall compare that data with data concerning
17 individuals identified as responsible relatives who owe
18 past-due child support.
19 (c) Every agreement shall provide that the Attorney
20 General shall pay to the financial institution providing or
21 comparing the data a reasonable fee not to exceed the
22 institution's actual cost of providing the data or performing
23 the comparison.
24 (d) If the financial institution or Attorney General
25 determines that the name and either social security number or
26 tax identification number of an individual identified by the
27 Attorney General under subsection (b) match the name and
28 either social security number or tax identification number of
29 the account holder, owner, or customer who maintains one or
30 more accounts as defined in Section 7.255 at the financial
31 institution, then the financial institution shall report the
32 individual's name and either social security number or tax
33 identification number to the Attorney General, for each
34 calendar quarter in which the individual is identified by the
-68- LRB9206548DJgc
1 Attorney General as a responsible relative who owes past-due
2 child support.
3 (15 ILCS 205/7.265 new)
4 Sec. 7.265. Types of accounts to be reported. The
5 reporting requirements of Section 7.260 regarding accounts as
6 defined in Section 7.255 apply to individual accounts, joint
7 accounts, and sole proprietorship accounts. In the case of a
8 joint account, the account holder or owner shall be deemed to
9 be the primary account holder or owner established by the
10 financial institution in accordance with federal 1099
11 reporting requirements.
12 (15 ILCS 205/7.270 new)
13 Sec. 7.270. Accommodation of financial institutions.
14 The Attorney General shall make a reasonable effort to
15 accommodate those financial institutions on which the
16 requirements of Sections 7.1 through 7.305 would impose a
17 hardship. In the case of a non-automated financial
18 institution, a paper copy including either social security
19 numbers or tax identification numbers is an acceptable
20 format. In order to allow for data processing
21 implementation, no agreement shall become effective earlier
22 than 90 days after its execution.
23 (15 ILCS 205/7.275 new)
24 Sec. 7.275. Financial institution's charges on account.
25 (a) If the Attorney General requests a financial
26 institution to hold or encumber assets in an account as
27 defined in Section 7.255, the financial institution at which
28 the account as defined in Section 7.255 is maintained may
29 charge and collect its normally scheduled account activity
30 fees to maintain the account during the period of time the
31 account assets are held or encumbered.
-69- LRB9206548DJgc
1 (b) If the Attorney General takes any action to enforce
2 a lien or levy imposed on an account, as defined in Section
3 7.255, under Section 7.292, the financial institution at
4 which the account is maintained may charge to the account a
5 fee of up to $50 and shall deduct the amount of the fee from
6 the account before remitting any moneys from the account to
7 the Attorney General.
8 (15 ILCS 205/7.280 new)
9 Sec. 7.280. Confidentiality. All information provided
10 by a financial institution under Sections 7.255 through 7.285
11 is confidential and may be used only for the purpose of
12 enforcing payment of child support. The Attorney General
13 shall adopt rules to safeguard any confidential information
14 received from a financial institution.
15 (15 ILCS 205/7.285 new)
16 Sec. 7.285. Financial institution's freedom from
17 liability. A financial institution that provides information
18 under Sections 7.255 through 7.285 shall not be liable to any
19 account holder, owner, or other person in any civil,
20 criminal, or administrative action for any of the following:
21 (1) Disclosing the required information to the
22 Attorney General, any other provisions of the law not
23 withstanding.
24 (2) Holding, encumbering, or surrendering any of an
25 individual's accounts as defined in Section 7.255 in
26 response to a lien or order to withhold and deliver
27 issued by:
28 (A) the Attorney General under Sections 7.290
29 and 7.292; or
30 (B) a person or entity acting on behalf of the
31 Attorney General.
32 (3) Any other action taken or omission made in good
-70- LRB9206548DJgc
1 faith to comply with Sections 7.255 through 7.285,
2 including individual or mechanical errors, provided that
3 the action or omission does not constitute gross
4 negligence or willful misconduct.
5 (15 ILCS 205/7.290 new)
6 Sec. 7.290. Administrative liens and levies on real
7 property for past-due child support.
8 (a) The State shall have a lien on all legal and
9 equitable interests of responsible relatives in their real
10 property in the amount of past-due child support owing
11 pursuant to an order for child support entered under Sections
12 7.60 and 7.80 of this Act or Sections 10-10 and 10-11 of the
13 Illinois Public Aid Code or under the Illinois Marriage and
14 Dissolution of Marriage Act, the Non-Support of Spouse and
15 Children Act, the Non-Support Punishment Act, the Uniform
16 Interstate Family Support Act, or the Illinois Parentage Act
17 of 1984.
18 (b) The Attorney General shall provide by rule for
19 notice to and an opportunity to be heard by each responsible
20 relative affected, and any final administrative decision
21 rendered by the Attorney General shall be reviewed only under
22 and in accordance with the Administrative Review Law.
23 (c) When enforcing a lien under subsection (a) of this
24 Section, the Attorney General shall have the authority to
25 execute notices of administrative liens and levies, which
26 shall contain the name and address of the responsible
27 relative, a legal description of the real property to be
28 levied, the fact that a lien is being claimed for past-due
29 child support, and such other information as the Attorney
30 General may by rule prescribe. The Attorney General shall
31 record the notice of lien with the recorder or registrar of
32 titles of the county or counties in which the real estate is
33 located.
-71- LRB9206548DJgc
1 (d) The State's lien under subsection (a) shall be
2 enforceable upon the recording or filing of a notice of lien
3 with the recorder or registrar of titles of the county or
4 counties in which the real estate is located. The lien shall
5 be prior to any lien thereafter recorded or filed and shall
6 be notice to a subsequent purchaser, assignor, or
7 encumbrancer of the existence and nature of the lien. The
8 lien shall be inferior to the lien of general taxes, special
9 assessment, and special taxes heretofore or hereafter levied
10 by any political subdivision or municipal corporation of the
11 State.
12 In the event that title to the land to be affected by the
13 notice of lien is registered under the Registered Titles
14 (Torrens) Act, the notice shall be filed in the office of the
15 registrar of titles as a memorial or charge upon each folium
16 of the register of titles affected by the notice; but the
17 State shall not have a preference over the rights of any bona
18 fide purchaser, mortgagee, judgment creditor, or other lien
19 holders registered prior to the registration of the notice.
20 (e) The recorder or registrar of titles of each county
21 shall procure a file labeled "Child Support Lien Notices" and
22 an index book labeled "Child Support Lien Notices". When
23 notice of any lien is presented to the recorder or registrar
24 of titles for filing, the recorder or registrar of titles
25 shall file it in numerical order in the file and shall enter
26 it alphabetically in the index. The entry shall show the
27 name and last known address of the person named in the
28 notice, the serial number of the notice, the date and hour of
29 filing, and the amount of child support due at the time when
30 the lien is filed.
31 (f) The Attorney General shall not be required to
32 furnish bond or make a deposit for or pay any costs or fees
33 of any court or officer thereof in any legal proceeding
34 involving the lien.
-72- LRB9206548DJgc
1 (g) To protect the lien of the State for past-due child
2 support, the Attorney General may, from funds that are
3 available for that purpose, pay or provide for the payment of
4 necessary or essential repairs, purchase tax certificates,
5 pay balances due on land contracts, or pay or cause to be
6 satisfied any prior liens on the property to which the lien
7 hereunder applies.
8 (h) A lien on real property under this Section shall be
9 released pursuant to Section 12-101 of the Code of Civil
10 Procedure.
11 (i) The Attorney General, acting in behalf of the State,
12 may foreclose the lien in a judicial proceeding to the same
13 extent and in the same manner as in the enforcement of other
14 liens. The process, practice, and procedure for the
15 foreclosure shall be the same as provided in the Code of
16 Civil Procedure.
17 (15 ILCS 205/7.292 new)
18 Sec. 7.292. Administrative liens and levies on personal
19 property for past-due child support.
20 (a) The State shall have a lien on all legal and
21 equitable interests of responsible relatives in their
22 personal property, including any account in a financial
23 institution as defined in Section 7.255, or in the case of an
24 insurance company or benefit association only in accounts as
25 defined in Section 7.255, in the amount of past-due child
26 support owing pursuant to an order for child support entered
27 under Sections 7.60 and 7.80 of this Act or Sections 10-10
28 and 10-11 of the Illinois Public Aid Code or under the
29 Illinois Marriage and Dissolution of Marriage Act, the
30 Non-Support of Spouse and Children Act, the Non-Support
31 Punishment Act, the Uniform Interstate Family Support Act, or
32 the Illinois Parentage Act of 1984.
33 (b) The Attorney General shall provide by rule for
-73- LRB9206548DJgc
1 notice to and an opportunity to be heard by each responsible
2 relative affected, and any final administrative decision
3 rendered by the Attorney General shall be reviewed only under
4 and in accordance with the Administrative Review Law.
5 (c) When enforcing a lien under subsection (a) of this
6 Section, the Attorney General shall have the authority to
7 execute notices of administrative liens and levies, which
8 shall contain the name and address of the responsible
9 relative, a description of the property to be levied, the
10 fact that a lien is being claimed for past-due child support,
11 and such other information as the Attorney General may by
12 rule prescribe. The Attorney General may serve the notice of
13 lien or levy upon any financial institution where the
14 accounts as defined in Section 7.255 of the responsible
15 relative may be held, for encumbrance or surrender of the
16 accounts as defined in Section 7.255 by the financial
17 institution.
18 (d) The Attorney General shall enforce its lien against
19 the responsible relative's personal property, other than
20 accounts as defined in Section 7.255 in financial
21 institutions, and levy upon such personal property in the
22 manner provided for enforcement of judgments contained in
23 Article XII of the Code of Civil Procedure.
24 (e) The Attorney General shall not be required to
25 furnish bond or make a deposit for or pay any costs or fees
26 of any court or officer thereof in any legal proceeding
27 involving the lien.
28 (f) To protect the lien of the State for past-due child
29 support, the Attorney General may, from funds that are
30 available for that purpose, pay or provide for the payment of
31 necessary or essential repairs, purchase tax certificates, or
32 pay or cause to be satisfied any prior liens on the property
33 to which the lien hereunder applies.
34 (g) A lien on personal property under this Section shall
-74- LRB9206548DJgc
1 be released in the manner provided under Article XII of the
2 Code of Civil Procedure. Notwithstanding the foregoing, a
3 lien under this Section on accounts as defined in Section
4 7.255 shall expire upon the passage of 120 days from the date
5 of issuance of the Notice of Lien or Levy by the Attorney
6 General. However, the lien shall remain in effect during the
7 pendency of any appeal or protest.
8 (h) A lien created under this Section is subordinate to
9 any prior lien of the financial institution or any prior lien
10 holder or any prior right of set-off that the financial
11 institution may have against the assets, or in the case of an
12 insurance company or benefit association only in the accounts
13 as defined in Section 7.255.
14 (i) A financial institution has no obligation under this
15 Section to hold, encumber, or surrender the assets, or in the
16 case of an insurance company or benefit association only the
17 accounts as defined in Section 7.255, until the financial
18 institution has been properly served with a subpoena,
19 summons, warrant, court or administrative order, or
20 administrative lien and levy requiring that action.
21 (15 ILCS 205/7.295 new)
22 Sec. 7.295. State Disbursement Unit.
23 (a) The Attorney General shall establish a State
24 Disbursement Unit in accordance with the requirements of
25 Title IV-D of the Social Security Act. The Attorney General
26 shall enter into an agreement with a State or local
27 governmental unit or private entity to perform the functions
28 of the State Disbursement Unit as set forth in this Section.
29 The State Disbursement Unit shall collect and disburse
30 support payments made under court and administrative support
31 orders:
32 (1) being enforced in cases in which child and
33 spouse support services are being provided under Sections
-75- LRB9206548DJgc
1 7.1 through 7.305; and
2 (2) in all cases in which child and spouse support
3 services are not being provided under Sections 7.1
4 through 7.305 and in which support payments are made
5 under the provisions of the Income Withholding for
6 Support Act.
7 (a-5) If the State Disbursement Unit receives a support
8 payment that was not appropriately made to the Unit under
9 this Section, the Unit shall immediately return the payment
10 to the sender, including, if possible, instructions detailing
11 where to send the support payments.
12 (b) All payments received by the State Disbursement
13 Unit:
14 (1) shall be deposited into an account obtained by
15 the State or local governmental unit or private entity,
16 as the case may be, and
17 (2) distributed and disbursed by the State
18 Disbursement Unit, in accordance with the directions of
19 the Attorney General, pursuant to Title IV-D of the
20 Social Security Act and rules promulgated by the Attorney
21 General.
22 (c) All support payments assigned to the Attorney
23 General under Sections 7.1 through 7.305 and rules
24 promulgated by the Attorney General that are disbursed to the
25 Attorney General by the State Disbursement Unit shall be paid
26 into the Child Support Enforcement Trust Fund.
27 (d) If the agreement with the State or local
28 governmental unit or private entity provided for in this
29 Section is not in effect for any reason, the Attorney General
30 shall perform the functions of the State Disbursement Unit as
31 set forth in this Section for a maximum of 12 months.
32 Payments received by the Attorney General in performance of
33 the duties of the State Disbursement Unit shall be deposited
34 into the State Disbursement Unit Revolving Fund established
-76- LRB9206548DJgc
1 under Section 7.300.
2 (15 ILCS 205/7.297 new)
3 Sec. 7.297. Delayed payment from State Disbursement Unit.
4 (a) In this Section, "adversely affected recipient of
5 support" means a person who meets all of the following
6 criteria:
7 (1) The person is entitled to disbursement of a
8 child support payment from the State Disbursement Unit.
9 (2) The person either (i) does not receive from the
10 State Disbursement Unit a disbursement of a child support
11 payment to which he or she is entitled or (ii) receives a
12 delayed disbursement of a child support payment from the
13 State Disbursement Unit.
14 (3) As a result of the nonreceipt of the
15 disbursement of the child support payment or the delayed
16 disbursement of the child support payment, the person
17 receives an adverse rating by a credit reporting agency
18 based, for example, on the person's inability to make a
19 timely payment of an amount owed to another person.
20 (b) Upon the request of an adversely affected recipient
21 of support, the Attorney General shall send a letter to the
22 recipient verifying the delayed or undisbursed child support
23 payment. The recipient may submit that letter to the
24 appropriate credit reporting agency for placement in the
25 recipient's credit file.
26 (c) The Attorney General shall adopt rules necessary to
27 implement this Section.
28 (15 ILCS 205/7.300 new)
29 Sec. 7.300. State Disbursement Unit Revolving Fund.
30 (a) There is created a revolving fund to be known as the
31 State Disbursement Unit Revolving Fund, to be held by the
32 State Treasurer as ex officio custodian, for the following
-77- LRB9206548DJgc
1 purposes:
2 (1) the deposit of all support payments received by
3 the Attorney General's State Disbursement Unit; and
4 (2) the disbursement of such payments in accordance
5 with the provisions of Title IV-D of the Social Security
6 Act and rules promulgated by the Attorney General.
7 (b) The provisions of this Section shall apply only if
8 the Attorney General performs the functions of the State
9 Disbursement Unit under subsection (d) of Section 7.295.
10 (c) Moneys in the State Disbursement Unit Revolving Fund
11 shall be expended upon the direction of the Attorney General.
12 (15 ILCS 205/7.305 new)
13 Sec. 7.305. State case registry.
14 (a) The Attorney General shall establish an automated
15 State Case Registry to contain records concerning child
16 support orders for parties receiving child and spouse support
17 services under Section 7.1 through this Section, and for all
18 child support orders entered or modified on or after October
19 1, 1998, and pursuant to Sections 7.60 and 7.80, and pursuant
20 to the Illinois Marriage and Dissolution of Marriage Act, the
21 Non-Support Punishment Act, the Uniform Interstate Family
22 Support Act, or the Illinois Parentage Act of 1984.
23 (b) The Attorney General shall maintain the following
24 information in the Registry for all cases described in
25 subsection (a):
26 (1) the names of the custodial and non-custodial
27 parents, and of the child or children covered by the
28 order;
29 (2) the dates of birth of the custodial and
30 non-custodial parents, and of the child or children
31 covered by the order;
32 (3) the social security numbers of the custodial
33 and non-custodial parents and, if available, of the child
-78- LRB9206548DJgc
1 or children covered by the order;
2 (4) the residential and mailing addresses for the
3 custodial and non-custodial parents;
4 (5) the telephone numbers for the custodial and
5 non-custodial parents;
6 (6) the driver's license numbers for the custodial
7 and non-custodial parents;
8 (7) the name, address, and telephone number of each
9 parent's employer or employers;
10 (8) the case identification number;
11 (9) the court docket number, if applicable; and
12 (10) any other information that may be required
13 under Title IV, Part D of the Social Security Act or
14 regulations promulgated thereunder.
15 (c) The Attorney General shall maintain the following
16 payment information on child support orders for parties
17 receiving child and spouse support services under Sections
18 7.1 through 7.305.
19 (1) the amount of monthly or other periodic support
20 owed under the order and other amounts, including
21 arrearages, interest or late payment penalties, and fees,
22 due or overdue under the order;
23 (2) any amounts described in subdivision (1) of
24 subsection (d) that have been collected;
25 (3) the distribution of the collected amounts; and
26 (4) the amount of any lien imposed with respect to
27 the order pursuant to Section 7.290 or Section 7.292 of
28 this Code.
29 (d) The Attorney General shall establish, update,
30 maintain, and monitor case records in the Registry of parties
31 receiving child and spouse support services under Section 7.1
32 through this Section on the bases of:
33 (1) information on administrative actions and
34 administrative and judicial proceedings and orders
-79- LRB9206548DJgc
1 relating to paternity and support;
2 (2) information obtained from comparison with
3 federal, State, and local sources of information;
4 (3) information on support collections and
5 distribution; and
6 (4) any other relevant information.
7 (e) The Attorney General shall use the automated State
8 Case Registry to share and compare information with, and
9 receive information from, other data bases and information
10 comparison services in order to obtain (or provide)
11 information necessary to enable the Attorney General (or the
12 federal Department of Health and Human Services or other
13 State or federal agencies) to carry out the requirements of
14 the child support enforcement program established under Title
15 IV, Part D of the Social Security Act. Such information
16 comparison activities shall include the following:
17 (1) Furnishing to the Federal Case Registry of
18 Child Support Orders (and updating as necessary, with
19 information including notice of expiration of orders) the
20 information specified by the federal Department of Health
21 and Human Services in regulations.
22 (2) Exchanging information with the Federal Parent
23 Locator Service for the purposes specified in Section 453
24 of the Social Security Act.
25 (3) Exchanging information with State agencies (of
26 this State and of other states) administering programs
27 funded under Title IV, Part A and Title XIX of the Social
28 Security Act and other programs designated by the federal
29 Department of Health and Human Services, as necessary to
30 perform responsibilities under Title IV, Part D of the
31 Social Security Act and under such other programs.
32 (4) Exchanging information with other agencies of
33 this State, agencies of other states, and interstate
34 information networks, as necessary and appropriate to
-80- LRB9206548DJgc
1 carry out (or assist other states to carry out) the
2 purposes of Title IV, Part D of the Social Security Act.
3 (f) The Attorney General shall adopt rules establishing
4 safeguards, applicable to all confidential information
5 included in the State Case Registry, that are designed to
6 protect the privacy rights of persons concerning whom
7 information is on record in the State Case Registry. Such
8 safeguards shall include, but not be limited to the
9 following:
10 (1) Prohibitions against the release of information
11 on the whereabouts of one party or the child to another
12 party against whom a protective order with respect to the
13 former party or the child has been entered.
14 (2) Prohibitions against the release of information
15 on the whereabouts of one party or the child to another
16 party if the Attorney General has reasonable evidence of
17 domestic violence or child abuse (that is, allegations of
18 domestic violence or child abuse, unless the Attorney
19 General has an independent, reasonable basis to find the
20 person making the allegation not credible) to the former
21 party or child by the party requesting information.
22 (3) Prohibitions against the release of information
23 on the whereabouts of one party or the child to another
24 person if the Attorney General has reason to believe the
25 release of information to that person may result in
26 physical or emotional harm to the party or child.
27 Section 15. The State Comptroller Act is amended by
28 changing Section 10.05a as follows:
29 (15 ILCS 405/10.05a) (from Ch. 15, par. 210.05a)
30 Sec. 10.05a. Deductions from Warrants and Payments for
31 Satisfaction of Past Due Child Support. At the direction of
32 the Department of Public Aid (before the effective date of
-81- LRB9206548DJgc
1 this amendatory Act of the 92nd General Assembly) or the
2 Attorney General (on and after that date), the Comptroller
3 shall deduct from a warrant or other payment described in
4 Section 10.05 of this Act, in accordance with the procedures
5 provided therein, and pay over to the Department, the
6 Attorney General, or the State Disbursement Unit established
7 under Section 7.295 of the Attorney General Act 10-26 of the
8 Illinois Public Aid Code, at the direction of the Department
9 or the Attorney General, that amount certified as necessary
10 to satisfy, in whole or in part, past due support owed by a
11 person on account of support action being taken by the
12 Department (before the effective date of this amendatory Act
13 of the 92nd General Assembly) or the Attorney General (on and
14 after that date) under Article X of the Illinois Public Aid
15 Code or Sections 7.1 through 7.305 of the Attorney General
16 Act, whether or not such support is owed to the State. Such
17 deduction shall have priority over any garnishment except
18 that for payment of state or federal taxes. In the case of
19 joint payees, the Comptroller shall deduct and pay over to
20 the Department, the Attorney General, or the State
21 Disbursement Unit, as directed by the Department or the
22 Attorney General, the entire amount certified. The
23 Comptroller shall provide the Department or the Attorney
24 General with the address to which the warrant or other
25 payment was to be mailed and the social security number of
26 each person from whom a deduction is made pursuant to this
27 Section.
28 (Source: P.A. 91-212, eff. 7-20-99; 91-712, eff. 7-1-00.)
29 Section 17. The New Hire Reporting Act is amended by
30 changing Section 35 as follows:
31 (20 ILCS 1020/35)
32 Sec. 35. Attorney General's Department of Public Aid
-82- LRB9206548DJgc
1 duties. The Attorney General Department of Public Aid shall
2 establish a community advisory committee for oversight of the
3 implementation process, toll-free telephone lines for
4 employers with child support questions, an expedited hearing
5 process for non-custodial parents who contest an employer's
6 execution of an order for withholding and brochures and
7 public service announcements that inform the general public
8 about the New Hire Directory and how to utilize it, within
9 the federal and State confidentiality laws, in pursuit of
10 child support.
11 (Source: P.A. 90-425, eff. 8-15-97.)
12 Section 18. The Illinois Lottery Law is amended by
13 changing Section 13 as follows:
14 (20 ILCS 1605/13) (from Ch. 120, par. 1163)
15 Sec. 13. No prize, nor any portion of a prize, nor any
16 right of any person to a prize awarded shall be assignable.
17 Any prize, or portion thereof remaining unpaid at the death
18 of a prize winner, may be paid to the estate of such deceased
19 prize winner, or to the trustee under a revocable living
20 trust established by the deceased prize winner as settlor,
21 provided that a copy of such a trust has been filed with the
22 Department along with a notarized letter of direction from
23 the settlor and no written notice of revocation has been
24 received by the Department prior to the settlor's death.
25 Following such a settlor's death and prior to any payment to
26 such a successor trustee, the Director shall obtain from the
27 trustee and each trust beneficiary a written agreement to
28 indemnify and hold the Department harmless with respect to
29 any claims that may be asserted against the Department
30 arising from payment to or through the trust.
31 Notwithstanding any other provision of this Section, any
32 person pursuant to an appropriate judicial order may be paid
-83- LRB9206548DJgc
1 the prize to which a winner is entitled, and all or part of
2 any prize otherwise payable by State warrant under this
3 Section shall be withheld upon certification to the State
4 Comptroller from the Attorney General Illinois Department of
5 Public Aid as provided in Section 7.200 10-17.5 of the
6 Attorney General Act Illinois Public Aid Code. The Director
7 shall be discharged of all further liability upon payment of
8 a prize pursuant to this Section.
9 (Source: P.A. 85-1224.)
10 Section 20. The Department of Professional Regulation
11 Law of the Civil Administrative Code of Illinois is amended
12 by changing Section 2105-15 as follows:
13 (20 ILCS 2105/2105-15) (was 20 ILCS 2105/60)
14 Sec. 2105-15. General powers and duties.
15 (a) The Department has, subject to the provisions of the
16 Civil Administrative Code of Illinois, the following powers
17 and duties:
18 (1) To authorize examinations in English to
19 ascertain the qualifications and fitness of applicants to
20 exercise the profession, trade, or occupation for which
21 the examination is held.
22 (2) To prescribe rules and regulations for a fair
23 and wholly impartial method of examination of candidates
24 to exercise the respective professions, trades, or
25 occupations.
26 (3) To pass upon the qualifications of applicants
27 for licenses, certificates, and authorities, whether by
28 examination, by reciprocity, or by endorsement.
29 (4) To prescribe rules and regulations defining,
30 for the respective professions, trades, and occupations,
31 what shall constitute a school, college, or university,
32 or department of a university, or other institution,
-84- LRB9206548DJgc
1 reputable and in good standing, and to determine the
2 reputability and good standing of a school, college, or
3 university, or department of a university, or other
4 institution, reputable and in good standing, by reference
5 to a compliance with those rules and regulations;
6 provided, that no school, college, or university, or
7 department of a university, or other institution that
8 refuses admittance to applicants solely on account of
9 race, color, creed, sex, or national origin shall be
10 considered reputable and in good standing.
11 (5) To conduct hearings on proceedings to revoke,
12 suspend, refuse to renew, place on probationary status,
13 or take other disciplinary action as authorized in any
14 licensing Act administered by the Department with regard
15 to licenses, certificates, or authorities of persons
16 exercising the respective professions, trades, or
17 occupations and to revoke, suspend, refuse to renew,
18 place on probationary status, or take other disciplinary
19 action as authorized in any licensing Act administered by
20 the Department with regard to those licenses,
21 certificates, or authorities. The Department shall issue
22 a monthly disciplinary report. The Department shall deny
23 any license or renewal authorized by the Civil
24 Administrative Code of Illinois to any person who has
25 defaulted on an educational loan or scholarship provided
26 by or guaranteed by the Illinois Student Assistance
27 Commission or any governmental agency of this State;
28 however, the Department may issue a license or renewal if
29 the aforementioned persons have established a
30 satisfactory repayment record as determined by the
31 Illinois Student Assistance Commission or other
32 appropriate governmental agency of this State.
33 Additionally, beginning June 1, 1996, any license issued
34 by the Department may be suspended or revoked if the
-85- LRB9206548DJgc
1 Department, after the opportunity for a hearing under the
2 appropriate licensing Act, finds that the licensee has
3 failed to make satisfactory repayment to the Illinois
4 Student Assistance Commission for a delinquent or
5 defaulted loan. For the purposes of this Section,
6 "satisfactory repayment record" shall be defined by rule.
7 The Department shall refuse to issue or renew a license
8 to, or shall suspend or revoke a license of, any person
9 who, after receiving notice, fails to comply with a
10 subpoena or warrant relating to a paternity or child
11 support proceeding. However, the Department may issue a
12 license or renewal upon compliance with the subpoena or
13 warrant.
14 The Department, without further process or hearings,
15 shall revoke, suspend, or deny any license or renewal
16 authorized by the Civil Administrative Code of Illinois
17 to a person who is certified by the Illinois Department
18 of Public Aid (before the effective date of this
19 amendatory Act of the 92nd General Assembly) or the
20 Attorney General (on and after that date) as being more
21 than 30 days delinquent in complying with a child support
22 order or who is certified by a court as being in
23 violation of the Non-Support of Punishment Act for more
24 than 60 days. The Department may, however, issue a
25 license or renewal if the person has established a
26 satisfactory repayment record as determined by the
27 Illinois Department of Public Aid (before the effective
28 date of this amendatory Act of the 92nd General Assembly)
29 or the Attorney General (on and after that date) or if
30 the person is determined by the court to be in compliance
31 with the Non-Support Punishment Act. The Department may
32 implement this paragraph as added by Public Act 89-6
33 through the use of emergency rules in accordance with
34 Section 5-45 of the Illinois Administrative Procedure
-86- LRB9206548DJgc
1 Act. For purposes of the Illinois Administrative
2 Procedure Act, the adoption of rules to implement this
3 paragraph shall be considered an emergency and necessary
4 for the public interest, safety, and welfare.
5 (6) To transfer jurisdiction of any realty under
6 the control of the Department to any other department of
7 the State Government or to acquire or accept federal
8 lands when the transfer, acquisition, or acceptance is
9 advantageous to the State and is approved in writing by
10 the Governor.
11 (7) To formulate rules and regulations necessary
12 for the enforcement of any Act administered by the
13 Department.
14 (8) To exchange with the Illinois Department of
15 Public Aid (before the effective date of this amendatory
16 Act of the 92nd General Assembly) or the Attorney General
17 (on and after that date) information that may be
18 necessary for the enforcement of child support orders
19 entered pursuant to the Attorney General Act, the
20 Illinois Public Aid Code, the Illinois Marriage and
21 Dissolution of Marriage Act, the Non-Support of Spouse
22 and Children Act, the Non-Support Punishment Act, the
23 Revised Uniform Reciprocal Enforcement of Support Act,
24 the Uniform Interstate Family Support Act, or the
25 Illinois Parentage Act of 1984. Notwithstanding any
26 provisions in this Code to the contrary, the Department
27 of Professional Regulation shall not be liable under any
28 federal or State law to any person for any disclosure of
29 information to the Illinois Department of Public Aid or
30 the Attorney General under this paragraph (8) or for any
31 other action taken in good faith to comply with the
32 requirements of this paragraph (8).
33 (8.5) To require an applicant for any new license
34 or for the renewal of a license to provide his or her
-87- LRB9206548DJgc
1 social security number on the license application form.
2 (9) To perform other duties prescribed by law.
3 (b) The Department may, when a fee is payable to the
4 Department for a wall certificate of registration provided by
5 the Department of Central Management Services, require that
6 portion of the payment for printing and distribution costs be
7 made directly or through the Department to the Department of
8 Central Management Services for deposit into the Paper and
9 Printing Revolving Fund. The remainder shall be deposited
10 into the General Revenue Fund.
11 (c) For the purpose of securing and preparing evidence,
12 and for the purchase of controlled substances, professional
13 services, and equipment necessary for enforcement activities,
14 recoupment of investigative costs, and other activities
15 directed at suppressing the misuse and abuse of controlled
16 substances, including those activities set forth in Sections
17 504 and 508 of the Illinois Controlled Substances Act, the
18 Director and agents appointed and authorized by the Director
19 may expend sums from the Professional Regulation Evidence
20 Fund that the Director deems necessary from the amounts
21 appropriated for that purpose. Those sums may be advanced to
22 the agent when the Director deems that procedure to be in the
23 public interest. Sums for the purchase of controlled
24 substances, professional services, and equipment necessary
25 for enforcement activities and other activities as set forth
26 in this Section shall be advanced to the agent who is to make
27 the purchase from the Professional Regulation Evidence Fund
28 on vouchers signed by the Director. The Director and those
29 agents are authorized to maintain one or more commercial
30 checking accounts with any State banking corporation or
31 corporations organized under or subject to the Illinois
32 Banking Act for the deposit and withdrawal of moneys to be
33 used for the purposes set forth in this Section; provided,
34 that no check may be written nor any withdrawal made from any
-88- LRB9206548DJgc
1 such account except upon the written signatures of 2 persons
2 designated by the Director to write those checks and make
3 those withdrawals. Vouchers for those expenditures must be
4 signed by the Director. All such expenditures shall be
5 audited by the Director, and the audit shall be submitted to
6 the Department of Central Management Services for approval.
7 (d) Whenever the Department is authorized or required by
8 law to consider some aspect of criminal history record
9 information for the purpose of carrying out its statutory
10 powers and responsibilities, then, upon request and payment
11 of fees in conformance with the requirements of Section
12 2605-400 of the Department of State Police Law (20 ILCS
13 2605/2605-400), the Department of State Police is authorized
14 to furnish, pursuant to positive identification, the
15 information contained in State files that is necessary to
16 fulfill the request.
17 (e) The provisions of this Section do not apply to
18 private business and vocational schools as defined by Section
19 1 of the Private Business and Vocational Schools Act.
20 (f) Beginning July 1, 1995, this Section does not apply
21 to those professions, trades, and occupations licensed under
22 the Real Estate License Act of 2000, nor does it apply to any
23 permits, certificates, or other authorizations to do business
24 provided for in the Land Sales Registration Act of 1989 or
25 the Illinois Real Estate Time-Share Act.
26 (Source: P.A. 90-18, eff. 7-1-97; 91-239, eff. 1-1-00;
27 91-245, eff. 12-31-99; 91-613, eff. 10-1-99; revised
28 9-29-99.)
29 Section 22. The Department of Revenue Law of the Civil
30 Administrative Code of Illinois is amended by changing
31 Section 2505-650 as follows:
32 (20 ILCS 2505/2505-650) (was 20 ILCS 2505/39b52)
-89- LRB9206548DJgc
1 Sec. 2505-650. Collection of past due support. Upon
2 certification of past due child support amounts from the
3 Department of Public Aid (before the effective date of this
4 amendatory Act of the 92nd General Assembly) or the Attorney
5 General (on and after that date), the Department of Revenue
6 may collect the delinquency in any manner authorized for the
7 collection of any tax administered by the Department of
8 Revenue. The Department of Revenue shall notify the
9 Department of Public Aid (before the effective date of this
10 amendatory Act of the 92nd General Assembly) or the Attorney
11 General (on and after that date) when the delinquency or any
12 portion of the delinquency has been collected under this
13 Section. Any child support delinquency collected by the
14 Department of Revenue, including those amounts that result in
15 overpayment of a child support delinquency, shall be
16 deposited into the Child Support Enforcement Trust Fund or
17 paid to the State Disbursement Unit established under Section
18 10-26 of the Illinois Public Aid Code, at the direction of
19 the Department of Public Aid. The Department of Revenue may
20 implement this Section through the use of emergency rules in
21 accordance with Section 5-45 of the Illinois Administrative
22 Procedure Act. For purposes of the Illinois Administrative
23 Procedure Act, the adoption of rules to implement this
24 Section shall be considered an emergency and necessary for
25 the public interest, safety, and welfare.
26 (Source: P.A. 90-491, eff. 1-1-98; 91-212, eff. 7-20-99;
27 91-239, eff. 1-1-00; 91-712, eff. 7-1-00.)
28 Section 23. The Department of State Police Law of the
29 Civil Administrative Code of Illinois is amended by changing
30 Section 2605-377 as follows:
31 (20 ILCS 2605/2605-377) (was 20 ILCS 2605/55a in part)
32 Sec. 2605-377. Department of Public Aid; LEADS access.
-90- LRB9206548DJgc
1 (a) The Attorney General Illinois Department of Public
2 Aid is an authorized entity under this Law for the purpose of
3 exchanging information, in the form and manner required by
4 the Department of State Police, to facilitate the location of
5 individuals for establishing paternity, and establishing,
6 modifying, and enforcing child support obligations, pursuant
7 to Sections 7.1 through 7.305 of the Attorney General Act the
8 Illinois Public Aid Code and Title IV, Part D of the Social
9 Security Act.
10 (b) The Attorney General Illinois Department of Public
11 Aid is an authorized entity under this Section for the
12 purpose of obtaining access to various data repositories
13 available through LEADS, to facilitate the location of
14 individuals for establishing paternity, and establishing,
15 modifying, and enforcing child support obligations, pursuant
16 to Sections 7.1 through 7.305 of the Attorney General Act the
17 Illinois Public Aid Code and Title IV, Part D of the Social
18 Security Act. The Department shall enter into an agreement
19 with the Attorney General Illinois Department of Public Aid
20 consistent with these purposes.
21 (Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98;
22 90-372, eff. 7-1-98; 90-590, eff. 1-1-00; 90-655, eff.
23 7-30-98; 90-793, eff. 8-14-98; 91-239, eff. 1-1-00; 91-760,
24 eff. 1-1-01.)
25 Section 23.5. The Illinois Income Tax Act is amended by
26 changing Section 901 as follows:
27 (35 ILCS 5/901) (from Ch. 120, par. 9-901)
28 Sec. 901. Collection Authority.
29 (a) In general.
30 The Department shall collect the taxes imposed by this
31 Act. The Department shall collect certified past due child
32 support amounts under Section 2505-650 of the Department of
-91- LRB9206548DJgc
1 Revenue Law (20 ILCS 2505/2505-650). Except as provided in
2 subsections (c) and (e) of this Section, money collected
3 pursuant to subsections (a) and (b) of Section 201 of this
4 Act shall be paid into the General Revenue Fund in the State
5 treasury; money collected pursuant to subsections (c) and (d)
6 of Section 201 of this Act shall be paid into the Personal
7 Property Tax Replacement Fund, a special fund in the State
8 Treasury; and money collected under Section 2505-650 of the
9 Department of Revenue Law (20 ILCS 2505/2505-650) shall be
10 paid into the Child Support Enforcement Trust Fund, a special
11 fund outside the State Treasury, or to the State Disbursement
12 Unit established under Section 7.295 of the Attorney General
13 Act 10-26 of the Illinois Public Aid Code, as directed by the
14 Department of Public Aid (before the effective date of this
15 amendatory Act of the 92nd General Assembly) or the Attorney
16 General (on and after that date).
17 (b) Local Governmental Distributive Fund.
18 Beginning August 1, 1969, and continuing through June 30,
19 1994, the Treasurer shall transfer each month from the
20 General Revenue Fund to a special fund in the State treasury,
21 to be known as the "Local Government Distributive Fund", an
22 amount equal to 1/12 of the net revenue realized from the tax
23 imposed by subsections (a) and (b) of Section 201 of this Act
24 during the preceding month. Beginning July 1, 1994, and
25 continuing through June 30, 1995, the Treasurer shall
26 transfer each month from the General Revenue Fund to the
27 Local Government Distributive Fund an amount equal to 1/11 of
28 the net revenue realized from the tax imposed by subsections
29 (a) and (b) of Section 201 of this Act during the preceding
30 month. Beginning July 1, 1995, the Treasurer shall transfer
31 each month from the General Revenue Fund to the Local
32 Government Distributive Fund an amount equal to 1/10 of the
33 net revenue realized from the tax imposed by subsections (a)
34 and (b) of Section 201 of the Illinois Income Tax Act during
-92- LRB9206548DJgc
1 the preceding month. Net revenue realized for a month shall
2 be defined as the revenue from the tax imposed by subsections
3 (a) and (b) of Section 201 of this Act which is deposited in
4 the General Revenue Fund, the Educational Assistance Fund and
5 the Income Tax Surcharge Local Government Distributive Fund
6 during the month minus the amount paid out of the General
7 Revenue Fund in State warrants during that same month as
8 refunds to taxpayers for overpayment of liability under the
9 tax imposed by subsections (a) and (b) of Section 201 of this
10 Act.
11 (c) Deposits Into Income Tax Refund Fund.
12 (1) Beginning on January 1, 1989 and thereafter,
13 the Department shall deposit a percentage of the amounts
14 collected pursuant to subsections (a) and (b)(1), (2),
15 and (3), of Section 201 of this Act into a fund in the
16 State treasury known as the Income Tax Refund Fund. The
17 Department shall deposit 6% of such amounts during the
18 period beginning January 1, 1989 and ending on June 30,
19 1989. Beginning with State fiscal year 1990 and for each
20 fiscal year thereafter, the percentage deposited into the
21 Income Tax Refund Fund during a fiscal year shall be the
22 Annual Percentage. For fiscal years 1999 through 2001,
23 the Annual Percentage shall be 7.1%. For all other
24 fiscal years, the Annual Percentage shall be calculated
25 as a fraction, the numerator of which shall be the amount
26 of refunds approved for payment by the Department during
27 the preceding fiscal year as a result of overpayment of
28 tax liability under subsections (a) and (b)(1), (2), and
29 (3) of Section 201 of this Act plus the amount of such
30 refunds remaining approved but unpaid at the end of the
31 preceding fiscal year, the denominator of which shall be
32 the amounts which will be collected pursuant to
33 subsections (a) and (b)(1), (2), and (3) of Section 201
34 of this Act during the preceding fiscal year. The
-93- LRB9206548DJgc
1 Director of Revenue shall certify the Annual Percentage
2 to the Comptroller on the last business day of the fiscal
3 year immediately preceding the fiscal year for which it
4 is to be effective.
5 (2) Beginning on January 1, 1989 and thereafter,
6 the Department shall deposit a percentage of the amounts
7 collected pursuant to subsections (a) and (b)(6), (7),
8 and (8), (c) and (d) of Section 201 of this Act into a
9 fund in the State treasury known as the Income Tax Refund
10 Fund. The Department shall deposit 18% of such amounts
11 during the period beginning January 1, 1989 and ending on
12 June 30, 1989. Beginning with State fiscal year 1990 and
13 for each fiscal year thereafter, the percentage deposited
14 into the Income Tax Refund Fund during a fiscal year
15 shall be the Annual Percentage. For fiscal years 1999,
16 2000, and 2001, the Annual Percentage shall be 19%. For
17 all other fiscal years, the Annual Percentage shall be
18 calculated as a fraction, the numerator of which shall be
19 the amount of refunds approved for payment by the
20 Department during the preceding fiscal year as a result
21 of overpayment of tax liability under subsections (a) and
22 (b)(6), (7), and (8), (c) and (d) of Section 201 of this
23 Act plus the amount of such refunds remaining approved
24 but unpaid at the end of the preceding fiscal year, the
25 denominator of which shall be the amounts which will be
26 collected pursuant to subsections (a) and (b)(6), (7),
27 and (8), (c) and (d) of Section 201 of this Act during
28 the preceding fiscal year. The Director of Revenue shall
29 certify the Annual Percentage to the Comptroller on the
30 last business day of the fiscal year immediately
31 preceding the fiscal year for which it is to be
32 effective.
33 (3) The Comptroller shall order transferred and the
34 Treasurer shall transfer from the Tobacco Settlement
-94- LRB9206548DJgc
1 Recovery Fund to the Income Tax Refund Fund (i)
2 $35,000,000 in January, 2001, (ii) $35,000,000 in
3 January, 2002, and (iii) $35,000,000 in January, 2003.
4 (d) Expenditures from Income Tax Refund Fund.
5 (1) Beginning January 1, 1989, money in the Income
6 Tax Refund Fund shall be expended exclusively for the
7 purpose of paying refunds resulting from overpayment of
8 tax liability under Section 201 of this Act, for paying
9 rebates under Section 208.1 in the event that the amounts
10 in the Homeowners' Tax Relief Fund are insufficient for
11 that purpose, and for making transfers pursuant to this
12 subsection (d).
13 (2) The Director shall order payment of refunds
14 resulting from overpayment of tax liability under Section
15 201 of this Act from the Income Tax Refund Fund only to
16 the extent that amounts collected pursuant to Section 201
17 of this Act and transfers pursuant to this subsection (d)
18 and item (3) of subsection (c) have been deposited and
19 retained in the Fund.
20 (3) As soon as possible after the end of each
21 fiscal year, the Director shall order transferred and the
22 State Treasurer and State Comptroller shall transfer from
23 the Income Tax Refund Fund to the Personal Property Tax
24 Replacement Fund an amount, certified by the Director to
25 the Comptroller, equal to the excess of the amount
26 collected pursuant to subsections (c) and (d) of Section
27 201 of this Act deposited into the Income Tax Refund Fund
28 during the fiscal year over the amount of refunds
29 resulting from overpayment of tax liability under
30 subsections (c) and (d) of Section 201 of this Act paid
31 from the Income Tax Refund Fund during the fiscal year.
32 (4) As soon as possible after the end of each
33 fiscal year, the Director shall order transferred and the
34 State Treasurer and State Comptroller shall transfer from
-95- LRB9206548DJgc
1 the Personal Property Tax Replacement Fund to the Income
2 Tax Refund Fund an amount, certified by the Director to
3 the Comptroller, equal to the excess of the amount of
4 refunds resulting from overpayment of tax liability under
5 subsections (c) and (d) of Section 201 of this Act paid
6 from the Income Tax Refund Fund during the fiscal year
7 over the amount collected pursuant to subsections (c) and
8 (d) of Section 201 of this Act deposited into the Income
9 Tax Refund Fund during the fiscal year.
10 (4.5) As soon as possible after the end of fiscal
11 year 1999 and of each fiscal year thereafter, the
12 Director shall order transferred and the State Treasurer
13 and State Comptroller shall transfer from the Income Tax
14 Refund Fund to the General Revenue Fund any surplus
15 remaining in the Income Tax Refund Fund as of the end of
16 such fiscal year; excluding for fiscal years 2000, 2001,
17 and 2002 amounts attributable to transfers under item (3)
18 of subsection (c) less refunds resulting from the earned
19 income tax credit.
20 (5) This Act shall constitute an irrevocable and
21 continuing appropriation from the Income Tax Refund Fund
22 for the purpose of paying refunds upon the order of the
23 Director in accordance with the provisions of this
24 Section.
25 (e) Deposits into the Education Assistance Fund and the
26 Income Tax Surcharge Local Government Distributive Fund.
27 On July 1, 1991, and thereafter, of the amounts collected
28 pursuant to subsections (a) and (b) of Section 201 of this
29 Act, minus deposits into the Income Tax Refund Fund, the
30 Department shall deposit 7.3% into the Education Assistance
31 Fund in the State Treasury. Beginning July 1, 1991, and
32 continuing through January 31, 1993, of the amounts collected
33 pursuant to subsections (a) and (b) of Section 201 of the
34 Illinois Income Tax Act, minus deposits into the Income Tax
-96- LRB9206548DJgc
1 Refund Fund, the Department shall deposit 3.0% into the
2 Income Tax Surcharge Local Government Distributive Fund in
3 the State Treasury. Beginning February 1, 1993 and
4 continuing through June 30, 1993, of the amounts collected
5 pursuant to subsections (a) and (b) of Section 201 of the
6 Illinois Income Tax Act, minus deposits into the Income Tax
7 Refund Fund, the Department shall deposit 4.4% into the
8 Income Tax Surcharge Local Government Distributive Fund in
9 the State Treasury. Beginning July 1, 1993, and continuing
10 through June 30, 1994, of the amounts collected under
11 subsections (a) and (b) of Section 201 of this Act, minus
12 deposits into the Income Tax Refund Fund, the Department
13 shall deposit 1.475% into the Income Tax Surcharge Local
14 Government Distributive Fund in the State Treasury.
15 (Source: P.A. 90-613, eff. 7-9-98; 90-655, eff. 7-30-98;
16 91-212, eff. 7-20-99; 91-239, eff. 1-1-00; 91-700, eff.
17 5-11-00; 91-704, eff. 7-1-00; 91-712, eff. 7-1-00; revised
18 6-28-00.)
19 Section 24. The Illinois Banking Act is amended by
20 changing Section 48.4 as follows:
21 (205 ILCS 5/48.4)
22 Sec. 48.4. Administrative liens for past-due child
23 support. Any bank governed by this Act shall encumber or
24 surrender accounts or assets held by the bank on behalf of
25 any responsible relative who is subject to a child support
26 lien, upon notice of the lien or levy of the Illinois
27 Department of Public Aid or its successor agency pursuant to
28 Section 10-25.5 of the Illinois Public Aid Code or Section
29 7.292 of the Attorney General Act, or upon notice of
30 interstate lien from any other state's agency responsible for
31 implementing the child support enforcement program set forth
32 in Title IV, Part D of the Social Security Act.
-97- LRB9206548DJgc
1 (Source: P.A. 90-18, eff. 7-1-97; 90-655, eff. 7-30-98.)
2 Section 25. The Illinois Savings and Loan Act of 1985 is
3 amended by changing Section 1-6d as follows:
4 (205 ILCS 105/1-6d)
5 Sec. 1-6d. Administrative liens for past-due child
6 support. Any association governed by this Act shall encumber
7 or surrender accounts or assets held by the association on
8 behalf of any responsible relative who is subject to a child
9 support lien, upon notice of the lien or levy of the Illinois
10 Department of Public Aid or its successor agency pursuant to
11 Section 10-25.5 of the Illinois Public Aid Code or Section
12 7.292 of the Attorney General Act, or upon notice of
13 interstate lien from any other state's agency responsible for
14 implementing the child support enforcement program set forth
15 in Title IV, Part D of the Social Security Act.
16 (Source: P.A. 90-18, eff. 7-1-97.)
17 Section 26. The Savings Bank Act is amended by changing
18 Section 7007 as follows:
19 (205 ILCS 205/7007)
20 Sec. 7007. Administrative liens for past-due child
21 support. Any savings bank governed by this Act shall
22 encumber or surrender accounts or assets held by the savings
23 bank on behalf of any responsible relative who is subject to
24 a child support lien, upon notice of the lien or levy of the
25 Illinois Department of Public Aid or its successor agency
26 pursuant to Section 10-25.5 of the Illinois Public Aid Code
27 or Section 7.292 of the Attorney General Act, or upon notice
28 of interstate lien from any other state's agency responsible
29 for implementing the child support enforcement program set
30 forth in Title IV, Part D of the Social Security Act.
-98- LRB9206548DJgc
1 (Source: P.A. 90-18, eff. 7-1-97.)
2 Section 27. The Illinois Credit Union Act is amended by
3 changing Section 43.1 as follows:
4 (205 ILCS 305/43.1)
5 Sec. 43.1. Administrative liens for past-due child
6 support. Any credit union governed by this Act shall
7 encumber or surrender accounts or assets held by the credit
8 union on behalf of any responsible relative who is subject to
9 a child support lien, upon notice of the lien or levy of the
10 Illinois Department of Public Aid or its successor agency
11 pursuant to Section 10-25.5 of the Illinois Public Aid Code
12 or Section 7.292 of the Attorney General Act, or upon notice
13 of interstate lien from any other state's agency responsible
14 for implementing the child support enforcement program set
15 forth in Title IV, Part D of the Social Security Act.
16 (Source: P.A. 90-18, eff. 7-1-97.)
17 Section 28. The Foreign Banking Office Act is amended by
18 changing Section 20 as follows:
19 (205 ILCS 645/20)
20 Sec. 20. Administrative liens for past-due child
21 support. Any foreign banking corporation governed by this
22 Act shall encumber or surrender accounts or assets held by
23 the foreign banking corporation on behalf of any responsible
24 relative who is subject to a child support lien, upon notice
25 of the lien or levy of the Illinois Department of Public Aid
26 or its successor agency pursuant to Section 10-25.5 of the
27 Illinois Public Aid Code or Section 7.292 of the Attorney
28 General Act, or upon notice of interstate lien from any other
29 state's agency responsible for implementing the child support
30 enforcement program set forth in Title IV, Part D of the
-99- LRB9206548DJgc
1 Social Security Act.
2 (Source: P.A. 90-18, eff. 7-1-97; 90-655, eff. 7-30-98.)
3 Section 29. The Illinois Insurance Code is amended by
4 changing Sections 238, 238.1, 299.1a, 299.1b, and 337.1 as
5 follows:
6 (215 ILCS 5/238) (from Ch. 73, par. 850)
7 Sec. 238. Exemption.
8 (a) All proceeds payable because of the death of the
9 insured and the aggregate net cash value of any or all life
10 and endowment policies and annuity contracts payable to a
11 wife or husband of the insured, or to a child, parent or
12 other person dependent upon the insured, whether the power to
13 change the beneficiary is reserved to the insured or not, and
14 whether the insured or his estate is a contingent beneficiary
15 or not, shall be exempt from execution, attachment,
16 garnishment or other process, for the debts or liabilities of
17 the insured incurred subsequent to the effective date of this
18 Code, except as to premiums paid in fraud of creditors within
19 the period limited by law for the recovery thereof.
20 (b) Any insurance company doing business in this State
21 and governed by this Code shall encumber or surrender
22 accounts as defined in Section 10-24 of the Illinois Public
23 Aid Code or Section 7.255 of the Attorney General Act held by
24 the insurance company owned by any responsible relative who
25 is subject to a child support lien, upon notice of the lien
26 or levy by the Illinois Department of Public Aid or its
27 successor agency pursuant to Section 10-25.5 of the Illinois
28 Public Aid Code or Section 7.292 of the Attorney General Act,
29 or upon notice of interstate lien from any other state's
30 agency responsible for implementing the child support
31 enforcement program set forth in Title IV, Part D of the
32 Social Security Act.
-100- LRB9206548DJgc
1 This Section does not prohibit the furnishing of
2 information in accordance with the federal Personal
3 Responsibility and Work Opportunity Reconciliation Act of
4 1996. Any insurance company governed by this Code shall
5 enter into an agreement for data exchanges with the
6 Department of Public Aid or the Attorney General provided the
7 Department of Public Aid or the Attorney General pays to the
8 insurance company a reasonable fee not to exceed its actual
9 cost incurred. An insurance company providing information in
10 accordance with this item shall not be liable to any owner of
11 an account as defined in Section 10-24 of the Illinois Public
12 Aid Code or Section 7.255 of the Attorney General Act or
13 other person for any disclosure of information to the
14 Department of Public Aid or Attorney General, for encumbering
15 or surrendering any accounts as defined in Section 10-24 of
16 the Illinois Public Aid Code or Section 7.255 of the Attorney
17 General Act held by the insurance company in response to a
18 lien or order to withhold and deliver issued by a State
19 agency, or for any other action taken pursuant to this item,
20 including individual or mechanical errors, provided the
21 action does not constitute gross negligence or willful
22 misconduct. An insurance company shall have no obligation to
23 hold, encumber, or surrender any accounts as defined in
24 Section 10-24 of the Illinois Public Aid Code or Section
25 7.255 of the Attorney general Act until it has been served
26 with a subpoena, summons, warrant, court or administrative
27 order, lien, or levy requiring that action.
28 (Source: P.A. 90-18, eff. 7-1-97.)
29 (215 ILCS 5/238.1)
30 Sec. 238.1. Data exchanges; administrative liens.
31 (a) Any insurance company doing business in the State
32 and governed by this Code shall enter into an agreement for
33 data exchanges with the Illinois Department of Public Aid or
-101- LRB9206548DJgc
1 the Attorney General for the purpose of locating accounts as
2 defined in Section 10-24 of the Illinois Public Aid Code or
3 Section 7.255 of the Attorney General Act of responsible
4 relatives to satisfy past-due child support owed by
5 responsible relatives under an order for support entered by a
6 court or administrative body of this or any other State on
7 behalf of resident or non-resident persons.
8 (b) Notwithstanding any provisions in this Code to the
9 contrary, an insurance company shall not be liable to any
10 person:
11 (1) for any disclosure of information to the
12 Illinois Department of Public Aid or Attorney General
13 under subsection (a);
14 (2) for encumbering or surrendering any accounts as
15 defined in Section 10-24 of the Illinois Public Aid Code
16 or Section 7.255 of the Attorney general Act held by such
17 insurance company in response to a notice of lien or levy
18 issued by the Illinois Department of Public Aid or
19 Attorney General, or by any other state's child support
20 enforcement agency, as provided for in Section 238 of
21 this Code; or
22 (3) for any other action taken in good faith to
23 comply with the requirements of subsection (a).
24 (Source: P.A. 90-18, eff. 7-1-97.)
25 (215 ILCS 5/299.1a) (from Ch. 73, par. 911.1a)
26 Sec. 299.1a. Benefits not Attachable.
27 (a) No money or other charity, relief or aid to be paid,
28 provided or rendered by any society shall be liable to
29 attachment, garnishment or other process or to be seized,
30 taken, appropriated or applied by any legal or equitable
31 process or operation of law to pay any debt or liability of a
32 member or beneficiary, or any other person who may have a
33 right thereunder, either before or after payment by the
-102- LRB9206548DJgc
1 society.
2 (b) Any benefit association doing business in this State
3 and governed by this Article XVII shall encumber or surrender
4 accounts as defined in Section 10-24 of the Illinois Public
5 Aid Code or Section 7.255 of the Attorney General Act held by
6 the benefit association owned by any responsible relative who
7 is subject to a child support lien, upon notice of the lien
8 or levy by the Illinois Department of Public Aid or its
9 successor agency pursuant to Section 10-25.5 of the Illinois
10 Public Aid Code or Section 7.292 of the Attorney General Act,
11 or upon notice of interstate lien from any other state's
12 agency responsible for implementing the child support
13 enforcement program set forth in Title IV, Part D of the
14 Social Security Act.
15 This Section shall not prohibit the furnishing of
16 information in accordance with the federal Personal
17 Responsibility and Work Opportunity Reconciliation Act of
18 1996. Any benefit association governed by this Article XVII
19 shall enter into an agreement for data exchanges with the
20 Department of Public Aid or Attorney General provided the
21 Department of Public Aid or Attorney General pays to the
22 benefit association a reasonable fee not to exceed its actual
23 cost incurred. A benefit association providing information
24 in accordance with this item shall not be liable to any
25 account holder or other person for any disclosure of
26 information to a State agency, for encumbering or
27 surrendering any accounts as defined in Section 10-24 of the
28 Illinois Public Aid Code or Section 7.255 of the Attorney
29 General Act held by the benefit association in response to a
30 lien or order to withhold and deliver issued by a State
31 agency, or for any other action taken pursuant to this item,
32 including individual or mechanical errors, provided the
33 action does not constitute gross negligence or willful
34 misconduct. A benefit association shall have no obligation to
-103- LRB9206548DJgc
1 hold, encumber, or surrender accounts until it has been
2 served with a subpoena, summons, warrant, court or
3 administrative order, lien, or levy requiring that action.
4 (Source: P.A. 90-18, eff. 7-1-97.)
5 (215 ILCS 5/299.1b)
6 Sec. 299.1b. Data exchanges; administrative liens.
7 (a) Any benefit association doing business in the State
8 and governed by this Code shall enter into an agreement for
9 data exchanges with the Illinois Department of Public Aid or
10 Attorney General for the purpose of locating accounts as
11 defined in Section 10-24 of the Illinois Public Aid Code or
12 Section 7.255 of the Attorney General Act of responsible
13 relatives to satisfy past-due child support owed by
14 responsible relatives under an order for support entered by a
15 court or administrative body of this or any other State on
16 behalf of resident or non-resident persons.
17 (b) Notwithstanding any provisions in this Code to the
18 contrary, a benefit association shall not be liable to any
19 person:
20 (1) for any disclosure of information to the
21 Illinois Department of Public Aid or Attorney General
22 under subsection (a);
23 (2) for encumbering or surrendering any accounts as
24 defined in Section 10-24 of the Illinois Public Aid Code
25 or Section 7.255 of the Attorney General Act held by such
26 benefit association in response to a notice of lien or
27 levy issued by the Illinois Department of Public Aid or
28 Attorney General, or by any other state's child support
29 enforcement agency, as provided for in Section 299.1a of
30 this Code; or
31 (3) for any other action taken in good faith to
32 comply with the requirements of subsection (a).
33 (Source: P.A. 90-18, eff. 7-1-97.)
-104- LRB9206548DJgc
1 (215 ILCS 5/337.1)
2 Sec. 337.1. Data exchanges; administrative liens.
3 (a) Any benefit association governed by this Article
4 XVIII shall encumber or surrender accounts as defined in
5 Section 10-24 of the Illinois Public Aid Code or Section
6 7.255 of the Attorney General Act held by the benefit
7 association on behalf of any responsible relative who is
8 subject to a child support lien, upon notice of the lien or
9 levy by the Illinois Department of Public Aid or its
10 successor agency pursuant to Section 10-25.5 of the Illinois
11 Public Aid Code or Section 7.292 of the Attorney General Act,
12 or upon notice of interstate lien from any other state's
13 agency responsible for implementing the child support
14 enforcement program set forth in Title IV, Part D of the
15 Social Security Act.
16 (b) This Section shall not prohibit the furnishing of
17 information in accordance with the federal Personal
18 Responsibility and Work Opportunity Reconciliation Act of
19 1996. Any benefit association governed by this Article XVIII
20 shall enter into an agreement for data exchanges with the
21 Department of Public Aid or Attorney General provided the
22 Department of Public Aid or Attorney General pays to the
23 benefit association a reasonable fee not to exceed its actual
24 cost incurred. A benefit association providing information
25 in accordance with this item shall not be liable to any owner
26 of an account as defined in Section 10-24 of the Illinois
27 Public Aid Code or Section 7.255 of the Attorney General Act
28 or other person for any disclosure of information to the
29 Department of Public Aid or Attorney General, for encumbering
30 or surrendering any accounts held by the benefit association
31 in response to a lien or order to withhold and deliver issued
32 by the Department of Public Aid or Attorney General, or for
33 any other action taken pursuant to this item, including
34 individual or mechanical errors, provided the action does not
-105- LRB9206548DJgc
1 constitute gross negligence or willful misconduct. A benefit
2 association shall have no obligation to hold, encumber, or
3 surrender the accounts or portions thereof as defined in
4 Section 10-24 of the Illinois Public Aid Code or Section
5 7.255 of the Attorney General Act until it has been served
6 with a subpoena, summons, warrant, court or administrative
7 order, lien, or levy.
8 (Source: P.A. 90-18, eff. 7-1-97.)
9 Section 30. The Collection Agency Act is amended by
10 changing Section 2.04 as follows:
11 (225 ILCS 425/2.04) (from Ch. 111, par. 2005.1)
12 Sec. 2.04. Child support indebtedness.
13 (a) Persons, associations, partnerships, or corporations
14 engaged in the business of collecting child support
15 indebtedness owing under a court order as provided under the
16 Attorney General Act, the Illinois Public Aid Code, the
17 Illinois Marriage and Dissolution of Marriage Act, the
18 Non-Support of Spouse and Children Act, the Non-Support
19 Punishment Act, the Illinois Parentage Act of 1984, or
20 similar laws of other states are not restricted (i) in the
21 frequency of contact with an obligor who is in arrears,
22 whether by phone, mail, or other means, (ii) from contacting
23 the employer of an obligor who is in arrears, (iii) from
24 publishing or threatening to publish a list of obligors in
25 arrears, (iv) from disclosing or threatening to disclose an
26 arrearage that the obligor disputes, but for which a verified
27 notice of delinquency has been served under the Income
28 Withholding for Support Act (or any of its predecessors,
29 Section 10-16.2 of the Illinois Public Aid Code, Section
30 706.1 of the Illinois Marriage and Dissolution of Marriage
31 Act, Section 4.1 of the Non-Support of Spouse and Children
32 Act, Section 26.1 of the Revised Uniform Reciprocal
-106- LRB9206548DJgc
1 Enforcement of Support Act, or Section 20 of the Illinois
2 Parentage Act of 1984), or (v) from engaging in conduct that
3 would not cause a reasonable person mental or physical
4 illness. For purposes of this subsection, "obligor" means an
5 individual who owes a duty to make periodic payments, under a
6 court order, for the support of a child. "Arrearage" means
7 the total amount of an obligor's unpaid child support
8 obligations.
9 (b) The Department shall adopt rules necessary to
10 administer and enforce the provisions of this Section.
11 (Source: P.A. 90-673, eff. 1-1-99; 91-613, eff. 10-1-99.)
12 Section 32. The Illinois Public Aid Code is amended by
13 adding Section 10-1.5 and changing Sections 10-21, 12-4.7c,
14 12-9.1, 12-10.2, 12-16, and 12-21.3 as follows:
15 (305 ILCS 5/10-1.5 new)
16 Sec. 10-1.5. Transfer of powers to Attorney General.
17 (a) On the effective date of this amendatory Act of the
18 92nd General Assembly, all the rights, powers, and duties
19 vested by law in the Illinois Department or the Illinois
20 Department's Child and Spouse Support Unit under this Article
21 X are transferred to the Attorney General as provided in
22 Sections 7.1 through 7.305 of the Attorney General Act.
23 (b) The Illinois Department shall provide to the
24 Attorney General all information in the Illinois Department's
25 possession concerning recipients that is necessary to enable
26 the Attorney General to perform the duties prescribed in
27 Sections 7.1 through 7.305 of the Attorney General Act.
28 (305 ILCS 5/10-21) (from Ch. 23, par. 10-21)
29 Sec. 10-21. The Illinois Department may provide by rule
30 for the imposition of a one-time charge of 20% of the amount
31 of past-due child support owed on July 1, 1988, by
-107- LRB9206548DJgc
1 responsible relatives of persons receiving support services
2 under this Article X, which has accrued under a support order
3 entered by a court or administrative body of this or any
4 other State, on behalf of resident or non-resident persons.
5 The rule shall provide for notice to, and an opportunity to
6 be heard by, the responsible relative affected and any final
7 administrative decision rendered by the Department shall be
8 reviewed only under and in accordance with the Administrative
9 Review Law. No action to impose the charge shall be
10 commenced after June 30, 1993. Action under this Section
11 shall be subject to the limitations of Section 10-20 of this
12 Code.
13 On and after the effective date of this amendatory Act of
14 the 92nd General Assembly, the Attorney General may collect,
15 on behalf of the Illinois Department, any charge imposed in
16 accordance with this Section. Nothing in this amendatory Act
17 of the 92nd General Assembly shall be construed to affect the
18 validity of any charge imposed in accordance with this
19 Section.
20 (Source: P.A. 85-114.)
21 (305 ILCS 5/12-4.7c)
22 Sec. 12-4.7c. Exchange of information after July 1, 1997.
23 (a) The Department of Human Services shall exchange with
24 the Illinois Department of Public Aid (before the effective
25 date of this amendatory Act of the 92nd General Assembly) or
26 the Attorney General (on and after that date) information
27 that may be necessary for the enforcement of child support
28 orders entered pursuant to Sections 10-10 and 10-11 of this
29 Code or Sections 7.60 and 7.80 of the Attorney General Act or
30 pursuant to the Illinois Marriage and Dissolution of Marriage
31 Act, the Non-Support of Spouse and Children Act, the
32 Non-Support Punishment Act, the Revised Uniform Reciprocal
33 Enforcement of Support Act, the Uniform Interstate Family
-108- LRB9206548DJgc
1 Support Act, or the Illinois Parentage Act of 1984.
2 (b) Notwithstanding any provisions in this Code to the
3 contrary, the Department of Human Services shall not be
4 liable to any person for any disclosure of information to the
5 Illinois Department of Public Aid or the Attorney General
6 under subsection (a) or for any other action taken in good
7 faith to comply with the requirements of subsection (a).
8 (Source: P.A. 90-18, eff. 7-1-97; 91-613, eff. 10-1-99.)
9 (305 ILCS 5/12-9.1)
10 Sec. 12-9.1. DHS Recoveries Trust Fund; uses. The DHS
11 Recoveries Trust Fund shall consist of recoveries authorized
12 by this Code in respect to applicants or recipients under
13 Articles III, IV, and VI, including recoveries from the
14 estates of deceased recipients, and payments received by the
15 Illinois Department of Human Services under Sections 10-3.1,
16 10-8, 10-10, 10-16, 10-19, and 12-9 of this Code or Sections
17 7.20, 7.50, 7.60, 7.160, and 7.230 of the Attorney General
18 Act that are required by those Sections to be paid into the
19 DHS Recoveries Trust Fund. This Fund shall be held as a
20 special fund in the State Treasury.
21 Disbursements from the Fund shall be only (1) for the
22 reimbursement of claims collected by the Illinois Department
23 of Human Services through error or mistake, (2) for payment
24 to persons or agencies designated as payees or co-payees on
25 any instrument, whether or not negotiable, delivered to the
26 Illinois Department of Human Services as a recovery under
27 this Section, such payment to be in proportion to the
28 respective interests of the payees in the amount so
29 collected, (3) for payments to non-recipients, or to former
30 recipients of financial aid of the collections which are made
31 in their behalf under Article X of this Code or Sections 7.1
32 through 7.305 of the Attorney General Act, (4) for payment to
33 local governmental units of support payments collected by the
-109- LRB9206548DJgc
1 Illinois Department of Human Services pursuant to an
2 agreement under Section 10-3.1 of this Code or Section 7.20
3 of the Attorney General Act, (5) for payment of
4 administrative expenses incurred in performing the activities
5 authorized by Article X of this Code or Sections 7.1 through
6 7.305 of the Attorney General Act, (6) for payment of fees to
7 person or agencies in the performance of activities pursuant
8 to the collection of moneys owed the State, (7) for payments
9 of any amounts which are reimbursable to the federal
10 government which are required to be paid by State warrant by
11 either the State or federal government, and (8) for
12 disbursements to attorneys or advocates for legal
13 representation in an appeal of any claim for federal
14 Supplemental Security Income benefits before an
15 administrative law judge as provided for in Section 3-13 of
16 this Code. Disbursements from the Fund for purposes of items
17 (5), (6), and (8) of this paragraph shall be subject to
18 appropriations from the Fund to the Illinois Department of
19 Human Services.
20 The balance in the Fund on the first day of each calendar
21 quarter, after payment therefrom of any amounts reimbursable
22 to the federal government, and minus the amount reasonably
23 anticipated to be needed to make the disbursements during
24 that quarter authorized by this Section, shall be certified
25 by the Secretary of Human Services and transferred by the
26 State Comptroller to the General Revenue Fund within 30 days
27 after the first day of each calendar quarter.
28 (Source: P.A. 91-24, eff. 7-1-99.)
29 (305 ILCS 5/12-10.2) (from Ch. 23, par. 12-10.2)
30 Sec. 12-10.2. The Child Support Enforcement Trust Fund.
31 (a) The Child Support Enforcement Trust Fund, to be held
32 by the State Treasurer as ex-officio custodian outside the
33 State Treasury, pursuant to the Child Support Enforcement
-110- LRB9206548DJgc
1 Program established by Title IV-D of the Social Security Act,
2 shall consist of:
3 (1) all support payments assigned to the Attorney
4 General Illinois Department under Sections 7.1 through
5 7.305 of the Attorney General Act Article X of this Code
6 and rules promulgated by the Attorney General Illinois
7 Department that are disbursed to the Attorney General
8 Illinois Department by the State Disbursement Unit
9 established under Section 7.295 of the Attorney General
10 Act 10-26,
11 (2) all support payments received by the Attorney
12 General Illinois Department as a result of the Child
13 Support Enforcement Program established by Title IV-D of
14 the Social Security Act that are not required or directed
15 to be paid to the State Disbursement Unit established
16 under Section 7.295 of the Attorney General Act 10-26,
17 (3) all federal grants received by the Attorney
18 General Illinois Department funded by Title IV-D of the
19 Social Security Act, except those federal funds received
20 under the Title IV-D program as reimbursement for
21 expenditures from the General Revenue Fund,
22 (4) incentive payments received by the Attorney
23 General Illinois Department from other states or
24 political subdivisions of other states for the
25 enforcement and collection by the Attorney General
26 Department of an assigned child support obligation in
27 behalf of such other states or their political
28 subdivisions pursuant to the provisions of Title IV-D of
29 the Social Security Act,
30 (5) incentive payments retained by the Attorney
31 General Illinois Department from the amounts which
32 otherwise would be paid to the federal government to
33 reimburse the federal government's share of the support
34 collection for the Attorney General's Department's
-111- LRB9206548DJgc
1 enforcement and collection of an assigned support
2 obligation on behalf of the State of Illinois pursuant to
3 the provisions of Title IV-D of the Social Security Act,
4 (6) all fees charged by the Attorney General
5 Department for child support enforcement services, as
6 authorized under Title IV-D of the Social Security Act
7 and Section 7.5 of the Attorney General Act 10-1 of this
8 Code, and any other fees, costs, fines, recoveries, or
9 penalties provided for by State or federal law and
10 received by the Attorney General Department under the
11 Child Support Enforcement Program established by Title
12 IV-D of the Social Security Act, and
13 (7) all amounts appropriated by the General
14 Assembly for deposit into the Fund, and
15 (8) any gifts, grants, donations, or awards from
16 individuals, private businesses, nonprofit associations,
17 and governmental entities.
18 (b) Disbursements from this Fund shall be only for the
19 following purposes:
20 (1) for the reimbursement of funds received by the
21 Attorney General Illinois Department through error or
22 mistake,
23 (2) for payments to non-recipients, current
24 recipients, and former recipients of financial aid of
25 support payments received on their behalf under Sections
26 7.1 through 7.305 of the Attorney General Act Article X
27 of this Code that are not required to be disbursed by the
28 State Disbursement Unit established under Section 7.295
29 of the Attorney General Act 10.26,
30 (3) for any other payments required by law to be
31 paid by the Attorney General Illinois Department to
32 non-recipients, current recipients, and former
33 recipients,
34 (4) for payment of any administrative expenses,
-112- LRB9206548DJgc
1 including payment to the Health Insurance Reserve Fund
2 for group insurance costs at the rate certified by the
3 Department of Central Management Services, except those
4 required to be paid from the General Revenue Fund,
5 including personal and contractual services, incurred in
6 performing the Title IV-D activities authorized by
7 Sections 7.1 through 7.305 of the Attorney General Act
8 Article X of this Code,
9 (5) for the reimbursement of the Public Assistance
10 Emergency Revolving Fund for expenditures made from that
11 Fund for payments to former recipients of public aid for
12 child support made to the Attorney General Illinois
13 Department when the former public aid recipient is
14 legally entitled to all or part of the child support
15 payments, pursuant to the provisions of Title IV-D of the
16 Social Security Act,
17 (6) for the payment of incentive amounts owed to
18 other states or political subdivisions of other states
19 that enforce and collect an assigned support obligation
20 on behalf of the State of Illinois pursuant to the
21 provisions of Title IV-D of the Social Security Act,
22 (7) for the payment of incentive amounts owed to
23 political subdivisions of the State of Illinois that
24 enforce and collect an assigned support obligation on
25 behalf of the State pursuant to the provisions of Title
26 IV-D of the Social Security Act, and
27 (8) for payments of any amounts which are
28 reimbursable to the Federal government which are required
29 to be paid by State warrant by either the State or
30 Federal government.
31 Disbursements from this Fund shall be by warrants drawn
32 by the State Comptroller on receipt of vouchers duly executed
33 and certified by the Attorney General Illinois Department or
34 any other State agency that receives an appropriation from
-113- LRB9206548DJgc
1 the Fund.
2 (Source: P.A. 90-18, eff. 7-1-97; 90-587, eff. 6-4-98;
3 91-212, eff. 7-20-99; 91-400, eff. 7-30-99; 91-712, eff.
4 7-1-00.)
5 (305 ILCS 5/12-16) (from Ch. 23, par. 12-16)
6 Sec. 12-16. Public Aid Claims Enforcement Division of
7 Office of Attorney General. The Public Aid Claims
8 Enforcement Division in the Office of the Attorney General,
9 established pursuant to the 1949 Code, shall institute in
10 behalf of the State all court actions referred to it by the
11 Illinois Department of Public Aid, or the Department of Human
12 Services (as successor to the Illinois Department of Public
13 Aid) and the Attorney General under this Code and other laws
14 for the recovery of financial aid provided under the public
15 aid programs, the enforcement of obligations of support, and
16 the enforcement of other claims, penalties and obligations.
17 The Division shall be staffed with attorneys appointed by
18 the Attorney General as Special Assistant Attorneys' General
19 whose special duty it shall be to execute the aforesaid
20 duties. The Assistant Attorneys' General shall be assigned
21 exclusively to such duties. They may engage only in such
22 political activities as are not prohibited by the Hatch
23 Political Activity Act, Title 5, U. S. C. A., Sections
24 118i et seq.
25 The Attorney General may request the appropriate State's
26 Attorney of a county or staff of the Child and Spouse Support
27 Unit established under Section 10-3.1 of this Code to
28 institute any such action in behalf of the State or to assist
29 the Attorney General in the prosecution of actions instituted
30 by his Office.
31 (Source: P.A. 89-507, eff. 7-1-97.)
32 (305 ILCS 5/12-21.3) (from Ch. 23, par. 12-21.3)
-114- LRB9206548DJgc
1 Sec. 12-21.3. Supervisors of general assistance in
2 municipalities of more than 500,000 - Apportionment of
3 expenses - Requirements for staff. In a county in which is
4 located any city, village or incorporated town having a
5 population of more than 500,000 inhabitants, the Director of
6 the County Department of Public Aid of that county shall be
7 the Supervisor of General Assistance for such city, village
8 or incorporated town. After December 31, 1973, the Illinois
9 Department shall determine, by appropriate time studies and
10 such other methods as it may deem feasible, the portion of
11 County Department expenses for salaries and other
12 administrative costs to be charged against funds available
13 for public aid purposes under Article VI within any such
14 municipality. Until January 1, 1974, all County Department
15 employees assigned to the administration of public aid under
16 Articles VI and VII shall be appointed in accordance with the
17 terms and provisions of the law in relation to civil service
18 in such county. After December 31, 1973, all such employees,
19 and after July 1, 1979, such employees assigned to the
20 administration of public aid under Article VI, shall be
21 appointed as provided in Section 7.300 of the Attorney
22 General Act 12-8.1. Their compensation rates and standards of
23 competence, performance, and tenure shall be identical with
24 those established for employees of the County Department with
25 comparable or substantially similar duties and
26 responsibilities in the administration of Articles III, IV
27 and V and the "Illinois Act on Aging", approved August 29,
28 1973, as amended. All employees shall meet required Federal
29 personnel merit standards published in the Federal Register
30 and applicable to grant-in-aid programs established under
31 Federal Law.
32 (Source: P.A. 83-333.)
33 (305 ILCS 5/10-1 rep.)
-115- LRB9206548DJgc
1 (305 ILCS 5/10-2 rep.)
2 (305 ILCS 5/10-3 rep.)
3 (305 ILCS 5/10-3.1 rep.)
4 (305 ILCS 5/10-3.2 rep.)
5 (305 ILCS 5/10-3.3 rep.)
6 (305 ILCS 5/10-3.4 rep.)
7 (305 ILCS 5/10-4 rep.)
8 (305 ILCS 5/10-5 rep.)
9 (305 ILCS 5/10-6 rep.)
10 (305 ILCS 5/10-7 rep.)
11 (305 ILCS 5/10-8 rep.)
12 (305 ILCS 5/10-8.1 rep.)
13 (305 ILCS 5/10-9 rep.)
14 (305 ILCS 5/10-10 rep.)
15 (305 ILCS 5/10-10.1 rep.)
16 (305 ILCS 5/10-10.2 rep.)
17 (305 ILCS 5/10-10.3 rep.)
18 (305 ILCS 5/10-10.4 rep.)
19 (305 ILCS 5/10-10.5 rep.)
20 (305 ILCS 5/10-11 rep.)
21 (305 ILCS 5/10-11.1 rep.)
22 (305 ILCS 5/10-11.2 rep.)
23 (305 ILCS 5/10-12 rep.)
24 (305 ILCS 5/10-12.1 rep.)
25 (305 ILCS 5/10-13 rep.)
26 (305 ILCS 5/10-13.1 rep.)
27 (305 ILCS 5/10-13.2 rep.)
28 (305 ILCS 5/10-13.3 rep.)
29 (305 ILCS 5/10-13.4 rep.)
30 (305 ILCS 5/10-13.5 rep.)
31 (305 ILCS 5/10-13.6 rep.)
32 (305 ILCS 5/10-13.7 rep.)
33 (305 ILCS 5/10-13.8 rep.)
34 (305 ILCS 5/10-13.9 rep.)
-116- LRB9206548DJgc
1 (305 ILCS 5/10-13.10 rep.)
2 (305 ILCS 5/10-14 rep.)
3 (305 ILCS 5/10-14.1 rep.)
4 (305 ILCS 5/10-15 rep.)
5 (305 ILCS 5/10-16 rep.)
6 (305 ILCS 5/10-16.2 rep.)
7 (305 ILCS 5/10-16.3 rep.)
8 (305 ILCS 5/10-16.4 rep.)
9 (305 ILCS 5/10-16.5 rep.)
10 (305 ILCS 5/10-16.6 rep.)
11 (305 ILCS 5/10-17 rep.)
12 (305 ILCS 5/10-17.1 rep.)
13 (305 ILCS 5/10-17.2 rep.)
14 (305 ILCS 5/10-17.3 rep.)
15 (305 ILCS 5/10-17.4 rep.)
16 (305 ILCS 5/10-17.5 rep.)
17 (305 ILCS 5/10-17.6 rep.)
18 (305 ILCS 5/10-17.7 rep.)
19 (305 ILCS 5/10-17.8 rep.)
20 (305 ILCS 5/10-17.9 rep.)
21 (305 ILCS 5/10-17.11 rep.)
22 (305 ILCS 5/10-18 rep.)
23 (305 ILCS 5/10-19 rep.)
24 (305 ILCS 5/10-20 rep.)
25 (305 ILCS 5/10-23 rep.)
26 (305 ILCS 5/10-24 rep.)
27 (305 ILCS 5/10-24.5 rep.)
28 (305 ILCS 5/10-24.30 rep.)
29 (305 ILCS 5/10-24.35 rep.)
30 (305 ILCS 5/10-24.40 rep.)
31 (305 ILCS 5/10-24.45 rep.)
32 (305 ILCS 5/10-24.50 rep.)
33 (305 ILCS 5/10-25 rep.)
34 (305 ILCS 5/10-25.5 rep.)
-117- LRB9206548DJgc
1 (305 ILCS 5/10-26 rep.)
2 (305 ILCS 5/10-26.5 rep.)
3 (305 ILCS 5/10-27 rep.)
4 (305 ILCS 5/12-4.3 rep.)
5 (305 ILCS 5/12-8.1 rep.)
6 Section 35. The Illinois Public Aid Code is amended by
7 repealing Sections 10-1 through 10-20, Sections 10-23 through
8 10-27, Section 12-4.3, and Section 12-8.1.
9 Section 38. The Genetic Information Privacy Act is
10 amended by changing Section 22 as follows:
11 (410 ILCS 513/22)
12 Sec. 22. Tests to determine inherited characteristics in
13 paternity proceedings. Nothing in this Act shall be
14 construed to affect or restrict in any way the ordering of or
15 use of results from deoxyribonucleic acid (DNA) testing or
16 other tests to determine inherited characteristics by the
17 court in a judicial proceeding under the Illinois Parentage
18 Act of 1984, or by the Illinois Department of Public Aid
19 (before the effective date of this amendatory Act of the 92nd
20 General Assembly) in an administrative paternity proceeding
21 under Article X of the Illinois Public Aid Code and rules
22 promulgated under that Article, or by the Attorney General
23 (on or after the effective date of this amendatory Act of the
24 92nd General Assembly) in an administrative paternity
25 proceeding under Sections 7.1 through 7.305 of the Attorney
26 General Act and rules promulgated under those Sections.
27 (Source: P.A. 90-25, eff. 1-1-98.)
28 Section 40. The Vital Records Act is amended by changing
29 Sections 12, 17, and 22 as follows:
30 (410 ILCS 535/12) (from Ch. 111 1/2, par. 73-12)
-118- LRB9206548DJgc
1 Sec. 12. Live births; place of registration.
2 (1) Each live birth which occurs in this State shall be
3 registered with the local or subregistrar of the district in
4 which the birth occurred as provided in this Section, within
5 7 days after the birth. When a birth occurs on a moving
6 conveyance, the city, village, township, or road district in
7 which the child is first removed from the conveyance shall be
8 considered the place of birth and a birth certificate shall
9 be filed in the registration district in which the place is
10 located.
11 (2) When a birth occurs in an institution, the person in
12 charge of the institution or his designated representative
13 shall obtain and record all the personal and statistical
14 particulars relative to the parents of the child that are
15 required to properly complete the live birth certificate;
16 shall secure the required personal signatures on the hospital
17 worksheet; shall prepare the certificate from this worksheet;
18 and shall file the certificate with the local registrar. The
19 institution shall retain the hospital worksheet permanently
20 or as otherwise specified by rule. The physician in
21 attendance shall verify or provide the date of birth and
22 medical information required by the certificate, within 24
23 hours after the birth occurs.
24 (3) When a birth occurs outside an institution, the
25 certificate shall be prepared and filed by one of the
26 following in the indicated order of priority:
27 (a) The physician in attendance at or immediately
28 after the birth, or in the absence of such a person,
29 (b) Any other person in attendance at or
30 immediately after the birth, or in the absence of such a
31 person,
32 (c) The father, the mother, or in the absence of
33 the father and the inability of the mother, the person in
34 charge of the premises where the birth occurred.
-119- LRB9206548DJgc
1 (4) Unless otherwise provided in this Act, if the mother
2 was not married to the father of the child at either the time
3 of conception or the time of birth, the name of the father
4 shall be entered on the child's birth certificate only if the
5 mother and the person to be named as the father have signed
6 an acknowledgment of parentage in accordance with subsection
7 (5).
8 Unless otherwise provided in this Act, if the mother was
9 married at the time of conception or birth and the presumed
10 father (that is, the mother's husband) is not the biological
11 father of the child, the name of the biological father shall
12 be entered on the child's birth certificate only if, in
13 accordance with subsection (5), (i) the mother and the person
14 to be named as the father have signed an acknowledgment of
15 parentage and (ii) the mother and presumed father have signed
16 a denial of paternity.
17 (5) Upon the birth of a child to an unmarried woman, or
18 upon the birth of a child to a woman who was married at the
19 time of conception or birth and whose husband is not the
20 biological father of the child, the institution immediately
21 before or after the at the time of birth and the local
22 registrar or county clerk after the birth shall do the
23 following:
24 (a) Provide (i) an opportunity for the child's
25 mother and father to sign an acknowledgment of parentage
26 and (ii) if the presumed father is not the biological
27 father, an opportunity for the mother and presumed father
28 to sign a denial of paternity. The signing and
29 witnessing of the acknowledgment of parentage or, if the
30 presumed father of the child is not the biological
31 father, the acknowledgment of parentage and denial of
32 paternity conclusively establishes a parent and child
33 relationship in accordance with Sections 5 and 6 of the
34 Illinois Parentage Act of 1984.
-120- LRB9206548DJgc
1 The Office of the Attorney General Illinois
2 Department of Public Aid shall furnish the acknowledgment
3 of parentage and denial of paternity form to
4 institutions, county clerks, and State and local
5 registrars' offices. The form shall include instructions
6 to send the original signed and witnessed acknowledgment
7 of parentage and denial of paternity to the Office of the
8 Attorney General Illinois Department of Public Aid.
9 (b) Provide the following documents, furnished by
10 the Office of the Attorney General Illinois Department of
11 Public Aid, to the child's mother, biological father, and
12 (if the person presumed to be the child's father is not
13 the biological father) presumed father for their review
14 at the time the opportunity is provided to establish a
15 parent and child relationship:
16 (i) An explanation of the implications of,
17 alternatives to, legal consequences of, and the
18 rights and responsibilities that arise from signing
19 an acknowledgment of parentage and, if necessary, a
20 denial of paternity, including an explanation of the
21 parental rights and responsibilities of child
22 support, visitation, custody, retroactive support,
23 health insurance coverage, and payment of birth
24 expenses.
25 (ii) An explanation of the benefits of having
26 a child's parentage established and the availability
27 of parentage establishment and support enforcement
28 services.
29 (iii) A request for an application for child
30 support services from the Office of the Attorney
31 General Illinois Department of Public Aid.
32 (iv) Instructions concerning the opportunity
33 to speak, either by telephone or in person, with
34 staff of the Office of the Attorney General Illinois
-121- LRB9206548DJgc
1 Department of Public Aid who are trained to clarify
2 information and answer questions about paternity
3 establishment.
4 (v) Instructions for completing and signing
5 the acknowledgment of parentage and denial of
6 paternity.
7 (c) Provide an oral explanation of the documents
8 and instructions set forth in subdivision (5)(b),
9 including an explanation of the implications of,
10 alternatives to, legal consequences of, and the rights
11 and responsibilities that arise from signing an
12 acknowledgment of parentage and, if necessary, a denial
13 of paternity. The oral explanation may be given in
14 person or through the use of video or audio equipment.
15 (6) The institution, State or local registrar, or county
16 clerk shall provide an opportunity for the child's father or
17 mother to sign a rescission of parentage. The signing and
18 witnessing of the rescission of parentage voids the
19 acknowledgment of parentage and nullifies the presumption of
20 paternity if executed and filed with the Office of the
21 Attorney General Illinois Department of Public Aid within the
22 time frame contained in Section 5 of the Illinois Parentage
23 Act of 1984. The Office of the Attorney General Illinois
24 Department of Public Aid shall furnish the rescission of
25 parentage form to institutions, county clerks, and State and
26 local registrars' offices. The form shall include
27 instructions to send the original signed and witnessed
28 rescission of parentage to the Office of the Attorney General
29 Illinois Department of Public Aid.
30 (7) An acknowledgment of paternity signed pursuant to
31 Section 6 of the Illinois Parentage Act of 1984 may be
32 challenged in court only on the basis of fraud, duress, or
33 material mistake of fact, with the burden of proof upon the
34 challenging party. Pending outcome of a challenge to the
-122- LRB9206548DJgc
1 acknowledgment of paternity, the legal responsibilities of
2 the signatories shall remain in full force and effect, except
3 upon order of the court upon a showing of good cause.
4 (8) When the process for acknowledgment of parentage as
5 provided for under subsection (5) establishes the paternity
6 of a child whose certificate of birth is on file in another
7 state, the Attorney General Illinois Department of Public Aid
8 shall forward a copy of the acknowledgment of parentage, the
9 denial of paternity, if applicable, and the rescission of
10 parentage, if applicable, to the birth record agency of the
11 state where the child's certificate of birth is on file.
12 (9) In the event the parent-child relationship has been
13 established in accordance with subdivision (a)(1) of Section
14 6 of the Parentage Act of 1984, the names of the biological
15 mother and biological father so established shall be entered
16 on the child's birth certificate, and the names of the
17 surrogate mother and surrogate mother's husband, if any,
18 shall not be on the birth certificate.
19 (Source: P.A. 90-18, eff. 7-1-97; 90-790, eff. 8-14-98;
20 91-308, eff. 7-29-99.)
21 (410 ILCS 535/17) (from Ch. 111 1/2, par. 73-17)
22 Sec. 17. (1) For a person born in this State, the State
23 Registrar of Vital Records shall establish a new certificate
24 of birth when he receives any of the following:
25 (a) A certificate of adoption as provided in
26 Section 16 or a certified copy of the order of adoption
27 together with the information necessary to identify the
28 original certificate of birth and to establish the new
29 certificate of birth; except that a new certificate of
30 birth shall not be established if so requested by the
31 court ordering the adoption, the adoptive parents, or the
32 adopted person.
33 (b) A certificate of adoption or a certified copy
-123- LRB9206548DJgc
1 of the order of adoption entered in a court of competent
2 jurisdiction of any other state or country declaring
3 adopted a child born in the State of Illinois, together
4 with the information necessary to identify the original
5 certificate of birth and to establish the new certificate
6 of birth; except that a new certificate of birth shall
7 not be established if so requested by the court ordering
8 the adoption, the adoptive parents, or the adopted
9 person.
10 (c) A request that a new certificate be established
11 and such evidence as required by regulation proving that
12 such person has been legitimatized, or that the circuit
13 court, the Attorney General, the Illinois Department of
14 Public Aid, or a court or administrative agency of any
15 other state has established the paternity of such a
16 person by judicial or administrative processes or by
17 voluntary acknowledgment, which is accompanied by the
18 social security numbers of all persons determined and
19 presumed to be the parents.
20 (d) An affidavit by a physician that he has
21 performed an operation on a person, and that by reason of
22 the operation the sex designation on such person's birth
23 record should be changed. The State Registrar of Vital
24 Records may make any investigation or require any further
25 information he deems necessary.
26 Each request for a new certificate of birth shall be
27 accompanied by a fee of $15 and entitles the applicant to one
28 certification or certified copy of the new certificate. If
29 the request is for additional copies, it shall be accompanied
30 by a fee of $2 for each additional certification or certified
31 copy.
32 (2) When a new certificate of birth is established, the
33 actual place and date of birth shall be shown; provided, in
34 the case of adoption of a person born in this State by
-124- LRB9206548DJgc
1 parents who were residents of this State at the time of the
2 birth of the adopted person, the place of birth may be shown
3 as the place of residence of the adoptive parents at the time
4 of such person's birth, if specifically requested by them,
5 and any new certificate of birth established prior to the
6 effective date of this amendatory Act may be corrected
7 accordingly if so requested by the adoptive parents or the
8 adopted person when of legal age. The social security numbers
9 of the parents shall not be recorded on the certificate of
10 birth. The social security numbers may only be used for
11 purposes allowed under federal law. The new certificate shall
12 be substituted for the original certificate of birth:
13 (a) Thereafter, the original certificate and the
14 evidence of adoption, paternity, legitimation, or sex
15 change shall not be subject to inspection or
16 certification except upon order of the circuit court or
17 as provided by regulation.
18 (b) Upon receipt of notice of annulment of
19 adoption, the original certificate of birth shall be
20 restored to its place in the files, and the new
21 certificate and evidence shall not be subject to
22 inspection or certification except upon order of the
23 circuit court.
24 (3) If no certificate of birth is on file for the person
25 for whom a new certificate is to be established under this
26 Section, a delayed record of birth shall be filed with the
27 State Registrar of Vital Records as provided in Section 14 or
28 Section 15 of this Act before a new certificate of birth is
29 established, except that when the date and place of birth and
30 parentage have been established in the adoption proceedings,
31 a delayed record shall not be required.
32 (4) When a new certificate of birth is established by
33 the State Registrar of Vital Records, all copies of the
34 original certificate of birth in the custody of any custodian
-125- LRB9206548DJgc
1 of permanent local records in this State shall be transmitted
2 to the State Registrar of Vital Records as directed, and
3 shall be sealed from inspection.
4 (5) Nothing in this Section shall be construed to
5 prohibit the amendment of a birth certificate in accordance
6 with subsection (6) of Section 22.
7 (Source: P.A. 89-6, eff. 3-6-95; 89-257, eff. 1-1-96; 89-626,
8 eff. 8-9-96; 90-18, eff. 7-1-97.)
9 (410 ILCS 535/22) (from Ch. 111 1/2, par. 73-22)
10 Sec. 22. (1) A certificate or record filed under this
11 Act may be amended only in accordance with this Act and such
12 regulations as the Department may adopt to protect the
13 integrity of vital records. An application for an amendment
14 shall be accompanied by a fee of $15 which includes the
15 provision of one certification or certified copy of the
16 amended birth record. If the request is for additional
17 copies, it shall be accompanied by a fee of $2 for each
18 additional certification or certified copy. Such amendments
19 may only be made in connection with the original certificates
20 and may not be made on copies of such certificates without
21 the approval of the State Registrar of Vital Records. The
22 provisions of this Section shall also be applicable to a
23 certificate or record filed under any former Act relating to
24 the registration of births, stillbirths, and deaths. Any
25 original certificate or record filed with the county clerk
26 prior to January 1, 1916, may be amended by the county clerk
27 under the same provisions of this Section, or regulations
28 adopted pursuant thereto, as apply to the State Registrar of
29 Vital Records governing amendments to certificates or records
30 filed with the Department subsequent to December 31, 1915.
31 (2) A certificate that is amended under this Section
32 after its filing shall have the correction entered on its
33 face; shall clearly indicate that an amendment has been made;
-126- LRB9206548DJgc
1 and shall show the date of the amendment. A summary
2 description of the evidence submitted in support of an
3 amendment shall be permanently retained by the Department
4 either as an original record or in microphotographic form.
5 Documents from which such summary descriptions are made may
6 be returned by the Department to the person or persons
7 submitting them. The Department shall prescribe by
8 regulation the conditions under which, within one year after
9 the date of occurrence, additions or minor corrections may be
10 made without the certificate being considered amended.
11 (3) An amendment to a delayed birth registration
12 established under the provisions of Section 15 of this Act
13 may be made by the State Registrar of Vital Records only upon
14 the basis of an order from the court which originally
15 established the facts of birth.
16 (4) Upon receipt of a certified copy of a court order
17 changing the name or names of a person born in this State,
18 the official custodian shall amend the original certificate
19 of birth to reflect the changes.
20 (5) (Blank).
21 (6) When the paternity of a child with a certificate of
22 birth on file in this State is established through voluntary
23 acknowledgment, by the Attorney General, or by a court or
24 administrative agency under the laws of this or any other
25 state, the State Registrar of Vital Records shall amend the
26 original record accordingly, upon notification from a circuit
27 court of this State, the Attorney General, or the Illinois
28 Department of Public Aid, or upon receipt of a certified copy
29 of another state's acknowledgment or judicial or
30 administrative determination of paternity.
31 (7) Notwithstanding any other provision of this Act, if
32 an adopted person applies in accordance with this Section for
33 the amendment of the name on his or her birth certificate,
34 the State Registrar shall amend the birth certificate if the
-127- LRB9206548DJgc
1 person provides documentation or other evidence supporting
2 the application that would be deemed sufficient if the
3 documentation or evidence had been submitted in support of an
4 application by a person who has not been adopted.
5 (8) When paternity has been established after the birth
6 in accordance with Section 12, the State Registrar of Vital
7 Records shall amend the original record accordingly.
8 (9) Upon application by the parents not later than one
9 year after an acknowledgment of parentage under this Act, the
10 Attorney General Act, or the Illinois Public Aid Code or a
11 judicial or administrative determination or establishment of
12 paternity or parentage, the State Registrar of Vital Records
13 shall amend the child's name on the child's certificate of
14 birth in accordance with the application. No more than one
15 application to change a child's name may be made under this
16 subsection (9).
17 (10) When a certificate is amended by the State
18 Registrar of Vital Records under this Section, the State
19 Registrar of Vital Records shall furnish a copy of the
20 summary description to the custodian of any permanent local
21 records and such records shall be amended accordingly.
22 (Source: P.A. 89-6, eff. 3-6-95; 89-257, eff. 1-1-96; 89-626,
23 eff. 8-9-96; 89-641, eff. 8-9-96; 90-18, eff. 7-1-97.)
24 Section 41. The Fish and Aquatic Life Code is amended by
25 changing Section 20-105 as follows:
26 (515 ILCS 5/20-105) (from Ch. 56, par. 20-105)
27 Sec. 20-105. Revocation and suspension; refusal to
28 issue.
29 (a) Whenever a license or permit is issued to any person
30 under this Code and its holder is found guilty of any
31 misrepresentation in obtaining the license or permit or of a
32 violation of any of the provisions of this Code, including
-128- LRB9206548DJgc
1 administrative rules, the license or permit may be revoked by
2 the Department and the Department may refuse to issue any
3 permit or license to that person and may suspend the person
4 from engaging in the activity requiring the permit or license
5 for a period of time not to exceed 5 years following the
6 revocation. Department revocation procedure shall be
7 established by administrative rule.
8 (a-5) Whenever a license or permit is issued under this
9 Code to any person who owes overdue child support or who,
10 after receiving notice, fails to comply with a subpoena or
11 warrant relating to a paternity or child support proceeding,
12 the license or permit may be revoked by the Department and
13 the Department may refuse to issue a license or permit to
14 that person. A failure to comply with a subpoena or warrant
15 can be remedied by complying with the subpoena or warrant.
16 Department revocation procedures shall be established by
17 rule.
18 (b) Whenever any person who has not been issued a
19 license or a permit under the provisions of this Code is
20 found guilty of a violation of the provisions of this Code,
21 including administrative rules, the Department may refuse to
22 issue any permit or license to that person, and suspend that
23 person from engaging in the activity requiring the permit or
24 license for a period of time not to exceed 5 years.
25 (c) Any person who knowingly or intentionally violates
26 any of the provisions of this Code, including administrative
27 rules, during the 5 years following the revocation of his or
28 her license or permit under subsection (a) or during the time
29 he is suspended under subsection (b), shall be guilty of a
30 Class A misdemeanor as provided in Section 20-35.
31 (d) A person whose license or permit to engage in any
32 activity regulated by this Code has been suspended or revoked
33 may not, during the period of the suspension or revocation or
34 until obtaining such a license or permit, (i) be in the
-129- LRB9206548DJgc
1 company of any person engaging in the activity covered by the
2 suspension or revocation or (ii) serve as a guide, outfitter,
3 or facilitator for a person who is engaged or prepared to
4 engage in the activity covered by the suspension or
5 revocation.
6 (e) No person may be issued or obtain a license or
7 permit or engage in any activity regulated by this Code
8 during the time that the person's privilege to engage in the
9 same or similar activities is suspended or revoked by another
10 state, by a federal agency, or by a province of Canada.
11 (Source: P.A. 91-545, eff. 8-14-99.)
12 Section 42. The Wildlife Code is amended by changing
13 Section 3.36 as follows:
14 (520 ILCS 5/3.36) (from Ch. 61, par. 3.36)
15 Sec. 3.36. Revocation and suspension.
16 (a) Whenever a license or permit is issued to any person
17 under this Act, and the holder thereof is found guilty of any
18 misrepresentation in obtaining such license or permit or of a
19 violation of any of the provisions of this Act, including
20 administrative rules, his license or permit may be revoked by
21 the Department, and the Department may refuse to issue any
22 permit or license to such person and may suspend the person
23 from engaging in the activity requiring the permit or license
24 for a period of time not to exceed 5 years following such
25 revocation.
26 Department revocation procedures shall be established by
27 Administrative rule.
28 (a-5) Whenever a license or permit is issued under this
29 Code to any person who owes overdue child support or who,
30 after receiving notice, fails to comply with a subpoena or
31 warrant relating to a paternity or child support proceeding,
32 the license or permit may be revoked by the Department and
-130- LRB9206548DJgc
1 the Department may refuse to issue a license or permit to
2 that person. A failure to comply with a subpoena or warrant
3 can be remedied by complying with the subpoena or warrant.
4 Department revocation procedures shall be established by
5 rule.
6 (b) Whenever any person who has not been issued a
7 license or a permit under the provisions of this Code is
8 found guilty of a violation of the provisions of this Code,
9 including administrative rules, the Department may refuse to
10 issue any permit or license to that person, and suspend that
11 person from engaging in the activity requiring the permit or
12 license for a period of time not to exceed 5 years.
13 (c) Any person who knowingly or intentionally violates
14 any of the provisions of this Act, including administrative
15 rules, during such period when his license or permit is
16 revoked or denied by virtue of this Section or during the
17 time he is suspended under subsection (b), shall be guilty of
18 a Class A misdemeanor.
19 (d) Licenses and permits authorized to be issued under
20 the provisions of this Act shall be prepared by the
21 Department and be in such form as prescribed by the
22 Department. The information required on each license shall be
23 completed thereon by the issuing agent or his sub-agent at
24 the time of issuance and each license shall be signed by the
25 licensee, or initialed by the designated purchaser and then
26 signed immediately upon receipt by the licensee, and
27 countersigned by the issuing agent or his sub-agent at the
28 time of issuance. All such licenses shall be supplied by the
29 Department, subject to such rules and regulations as the
30 Department may prescribe. Any license not properly prepared,
31 obtained and signed as required by this Act shall be void.
32 (e) A person whose license or permit to engage in any
33 activity regulated by this Code has been suspended or revoked
34 may not, during the period of the suspension or revocation or
-131- LRB9206548DJgc
1 until obtaining such a license or permit, (i) be in the
2 company of any person engaging in the activity covered by the
3 suspension or revocation or (ii) serve as a guide, outfitter,
4 or facilitator for a person who is engaged or prepared to
5 engage in the activity covered by the suspension or
6 revocation.
7 (f) No person may be issued or obtain a license or
8 permit or engage in any activity regulated by this Code
9 during the time that the person's privilege to engage in the
10 same or similar activities is suspended or revoked by another
11 state, by a federal agency, or by a province of Canada.
12 (Source: P.A. 90-225, eff. 7-25-97; 91-545, eff. 8-14-99.)
13 Section 44. The Illinois Vehicle Code is amended by
14 changing Sections 7-701, 7-702, 7-702.1, 7-703, 7-704, 7-705,
15 7-706, 7-707, and 7-708 as follows:
16 (625 ILCS 5/7-701)
17 Sec. 7-701. Findings and purpose. The General Assembly
18 finds that the timely receipt of adequate financial support
19 has the effect of reducing poverty and State expenditures for
20 welfare dependency among children, and that the timely
21 payment of adequate child support demonstrates financial
22 responsibility. Further, the General Assembly finds that the
23 State has a compelling interest in ensuring that drivers
24 within the State demonstrate financial responsibility,
25 including family financial responsibility, in order to safely
26 own and operate a motor vehicle. To this end, the Secretary
27 of State is authorized to establish systems to suspend
28 driver's licenses for failure to comply with court orders of
29 support and with subpoenas or warrants in paternity or child
30 support proceedings.
31 (Source: P.A. 91-613, eff. 7-1-00.)
-132- LRB9206548DJgc
1 (625 ILCS 5/7-702)
2 Sec. 7-702. Suspension of driver's license for failure
3 to pay child support or comply with certain subpoenas or
4 warrants.
5 (a) The Secretary of State shall suspend the driver's
6 license issued to an obligor upon receiving an authenticated
7 report provided for in subsection (a) of Section 7-703, that
8 the person (i) is 90 days or more delinquent in court ordered
9 child support payments or has been adjudicated in arrears in
10 an amount equal to 90 days obligation or more, and has been
11 found in contempt by the court for failure to pay the support
12 or (ii) has failed to comply with a subpoena or warrant in a
13 paternity or child support proceeding and has been found in
14 contempt by the court for failure to comply.
15 (b) The Secretary of State shall suspend the driver's
16 license issued to an obligor upon receiving an authenticated
17 document provided for in subsection (b) of Section 7-703,
18 that the person has been adjudicated in arrears in court
19 ordered child support payments in an amount equal to 90 days
20 obligation or more, but has not been held in contempt of
21 court, and that the court has ordered that the person's
22 driving privileges be suspended. The obligor's driver's
23 license shall be suspended until such time as the Secretary
24 of State receives authenticated documentation that the
25 obligor is in compliance with the court order of support.
26 When the obligor complies with the court ordered child
27 support payments, the circuit court shall report the
28 obligor's compliance with the court order of support to the
29 Secretary of State, on a form prescribed by the Secretary of
30 State, and shall order that the obligor's driver's license be
31 reinstated.
32 (Source: P.A. 91-613, eff. 7-1-00.)
33 (625 ILCS 5/7-702.1)
-133- LRB9206548DJgc
1 Sec. 7-702.1. Family financial responsibility driving
2 permits. Following the entry of an order that an obligor has
3 been found in contempt by the court for failure to pay court
4 ordered child support payments or to comply with a subpoena
5 or warrant in a paternity or child support proceeding, or
6 upon a motion by the obligor who is subject to having his or
7 her driver's license suspended pursuant to subsection (b) of
8 Section 7-703, the court may enter an order directing the
9 Secretary of State to issue a family financial responsibility
10 driving permit for the purpose of providing the obligor the
11 privilege of operating a motor vehicle between the obligor's
12 residence and place of employment, or within the scope of
13 employment related duties; or for the purpose of providing
14 transportation for the obligor or a household member to
15 receive alcohol treatment, other drug treatment, or medical
16 care. The court may enter an order directing the issuance of
17 a permit only if the obligor has proven to the satisfaction
18 of the court that no alternative means of transportation are
19 reasonably available for the above stated purposes. No
20 permit shall be issued to a person under the age of 16 years
21 who possesses an instruction permit.
22 Upon entry of an order granting the issuance of a permit
23 to an obligor, the court shall report this finding to the
24 Secretary of State on a form prescribed by the Secretary.
25 This form shall state whether the permit has been granted for
26 employment or medical purposes and the specific days and
27 hours for which limited driving privileges have been granted.
28 The family financial responsibility driving permit shall
29 be subject to cancellation, invalidation, suspension, and
30 revocation by the Secretary of State in the same manner and
31 for the same reasons as a driver's license may be cancelled,
32 invalidated, suspended, or revoked.
33 The Secretary of State shall, upon receipt of a certified
34 court order from the court of jurisdiction, issue a family
-134- LRB9206548DJgc
1 financial responsibility driving permit. In order for this
2 permit to be issued, an individual's driving privileges must
3 be valid except for the family financial responsibility
4 suspension. This permit shall be valid only for employment
5 and medical purposes as set forth above. The permit shall
6 state the days and hours for which limited driving privileges
7 have been granted.
8 Any submitted court order that contains insufficient data
9 or fails to comply with any provision of this Code shall not
10 be used for issuance of the permit or entered to the
11 individual's driving record but shall be returned to the
12 court of jurisdiction indicating why the permit cannot be
13 issued at that time. The Secretary of State shall also send
14 notice of the return of the court order to the individual
15 requesting the permit.
16 (Source: P.A. 90-369, eff. 1-1-98; 91-613, eff. 7-1-00.)
17 (625 ILCS 5/7-703)
18 Sec. 7-703. Courts to report non-payment of court
19 ordered support and noncompliance with certain subpoenas and
20 warrants.
21 (a) The clerk of the circuit court, as provided in
22 subsection (b) of Section 505 of the Illinois Marriage and
23 Dissolution of Marriage Act or as provided in Section 15 of
24 the Illinois Parentage Act of 1984, shall forward to the
25 Secretary of State, on a form prescribed by the Secretary, an
26 authenticated document certifying the court's order
27 suspending the driving privileges of the obligor. For any
28 such certification, the clerk of the court shall charge the
29 obligor a fee of $5 as provided in the Clerks of Courts Act.
30 (b) If an obligor has been adjudicated in arrears in
31 court ordered child support payments in an amount equal to 90
32 days obligation or more but has not been held in contempt of
33 court, the circuit court may order that the obligor's driving
-135- LRB9206548DJgc
1 privileges be suspended. If the circuit court orders that
2 the obligor's driving privileges be suspended, it shall
3 forward to the Secretary of State, on a form prescribed by
4 the Secretary, an authenticated document certifying the
5 court's order suspending the driving privileges of the
6 obligor. The authenticated document shall be forwarded to
7 the Secretary of State by the court no later than 45 days
8 after entry of the order suspending the obligor's driving
9 privileges.
10 (Source: P.A. 91-613, eff. 7-1-00.)
11 (625 ILCS 5/7-704)
12 Sec. 7-704. Suspension to continue until compliance with
13 court order of support or with subpoena or warrant.
14 (a) The suspension of a driver's license shall remain in
15 effect unless and until the Secretary of State receives
16 authenticated documentation (i) that the obligor is in
17 compliance with a court order of support or that the order
18 has been stayed by a subsequent order of the court or (ii)
19 that the obligor is in compliance with the subpoena or
20 warrant in a paternity or child support proceeding. Full
21 driving privileges shall not be issued by the Secretary of
22 State until notification of compliance has been received from
23 the court. The circuit clerks shall report the obligor's
24 compliance with a court order of support or with a subpoena
25 or warrant to the Secretary of State, on a form prescribed by
26 the Secretary.
27 (b) Whenever, after one suspension of an individual's
28 driver's license for failure to pay child support, another
29 order of non-payment is entered against the obligor and the
30 person fails to come into compliance with the court order of
31 support, then the Secretary shall again suspend the driver's
32 license of the individual and that suspension shall not be
33 removed unless the obligor is in full compliance with the
-136- LRB9206548DJgc
1 court order of support and has made full payment on all
2 arrearages.
3 (Source: P.A. 89-92, eff. 7-1-96.)
4 (625 ILCS 5/7-705)
5 Sec. 7-705. Notice. The Secretary of State, prior to
6 suspending a driver's license under this Chapter, shall serve
7 written notice upon an obligor that the individual's driver's
8 license will be suspended in 60 days from the date on the
9 notice unless the obligor satisfies the court order of
10 support or complies with the subpoena or warrant in a
11 paternity or child support proceeding and the circuit clerk
12 notifies the Secretary of State of this compliance.
13 (Source: P.A. 89-92, eff. 7-1-96.)
14 (625 ILCS 5/7-706)
15 Sec. 7-706. Administrative hearing. A driver may
16 contest this driver's license sanction by requesting an
17 administrative hearing in accordance with Section 2-118 of
18 this Code. If a written request for this hearing is received
19 prior to the effective date of the suspension, the suspension
20 shall be stayed. If a stay of the suspension is granted, it
21 shall remain in effect until a hearing decision is entered.
22 At the conclusion of this hearing, the Secretary of State may
23 rescind or impose the driver's license suspension. If the
24 suspension is upheld, it shall become effective 10 days from
25 the date the hearing decision is entered. If the decision is
26 to rescind the suspension, no suspension of driving
27 privileges shall be entered. The scope of this hearing shall
28 be limited to the following issues:
29 (a) Whether the driver is the obligor covered by the
30 court order of support or the person to whom the subpoena or
31 warrant is directed.
32 (b) Whether the authenticated document of a court order
-137- LRB9206548DJgc
1 of support indicates that the obligor (i) is 90 days or more
2 delinquent or has been adjudicated in arrears in an amount
3 equal to 90 days obligation or more and has been found in
4 contempt of court for failure to pay child support or (ii)
5 has failed to comply with a subpoena or warrant in a
6 paternity or child support proceeding and has been found in
7 contempt by the court for failure to comply.
8 (c) Whether a superseding authenticated document of any
9 court order of support or of compliance with a subpoena or
10 warrant has been entered.
11 (Source: P.A. 89-92, eff. 7-1-96.)
12 (625 ILCS 5/7-707)
13 Sec. 7-707. Payment of reinstatement fee. When an
14 obligor receives Upon an obligors receiving notice from the
15 Secretary of State that the suspension of driving privileges
16 has been terminated based upon receipt of notification from
17 the circuit clerk of the obligor's obligors compliance with a
18 court order of support or a subpoena or warrant, the obligor
19 shall pay a $30 reinstatement fee to the Secretary of State
20 as set forth in Section 6-118 of this Code. The fee shall be
21 deposited into the Family Responsibility Fund. In accordance
22 with subsection (e) of Section 6-115 of this Code, the
23 Secretary of State may decline to process a renewal of a
24 driver's license of a person who has not paid this fee.
25 (Source: P.A. 89-92, eff. 7-1-96; revised 10-20-00.)
26 (625 ILCS 5/7-708)
27 Sec. 7-708. Rules. The Secretary of State, using the
28 authority to license motor vehicle operators, may adopt such
29 rules as may be necessary to establish standards, policies,
30 and procedures for the suspension of driver's licenses for
31 non-compliance with a court order of support or with a
32 subpoena or warrant in a paternity or child support
-138- LRB9206548DJgc
1 proceeding.
2 (Source: P.A. 89-92, eff. 7-1-96.)
3 Section 45. The Attorney Act is amended by changing
4 Section 1 as follows:
5 (705 ILCS 205/1) (from Ch. 13, par. 1)
6 Sec. 1. No person shall be permitted to practice as an
7 attorney or counselor at law within this State without having
8 previously obtained a license for that purpose from the
9 Supreme Court of this State.
10 No person shall receive any compensation directly or
11 indirectly for any legal services other than a regularly
12 licensed attorney.
13 A license, as provided for herein, constitutes the person
14 receiving the same an attorney and counselor at law,
15 according to the law and customs thereof, for and during his
16 good behavior in the practice and authorizes him to demand
17 and receive fees for any services which he may render as an
18 attorney and counselor at law in this State. No person shall
19 be granted a license or renewal authorized by this Act who
20 has defaulted on an educational loan guaranteed by the
21 Illinois Student Assistance Commission; however, a license or
22 renewal may be issued to the aforementioned persons who have
23 established a satisfactory repayment record as determined by
24 the Illinois Student Assistance Commission. No person shall
25 be granted a license or renewal authorized by this Act who is
26 more than 30 days delinquent in complying with a child
27 support order; a license or renewal may be issued, however,
28 if the person has established a satisfactory repayment record
29 as determined (i) by the Illinois Department of Public Aid
30 for cases being enforced under Article X of the Illinois
31 Public Aid Code or by the Attorney General for cases being
32 enforced under Sections 7.1 through 7.305 of the Attorney
-139- LRB9206548DJgc
1 General Act or (ii) in all other cases by order of court or
2 by written agreement between the custodial parent and
3 non-custodial parent. No person shall be refused a license
4 under this Act on account of sex.
5 Any person practicing, charging or receiving fees for
6 legal services within this State, either directly or
7 indirectly, without being licensed to practice as herein
8 required, is guilty of contempt of court and shall be
9 punished accordingly, upon complaint being filed in any
10 Circuit Court of this State. Such proceedings shall be
11 conducted in the Courts of the respective counties where the
12 alleged contempt has been committed in the same manner as in
13 cases of indirect contempt and with the right of review by
14 the parties thereto.
15 The provisions of this Act shall be in addition to other
16 remedies permitted by law and shall not be construed to
17 deprive courts of this State of their inherent right to
18 punish for contempt or to restrain the unauthorized practice
19 of law.
20 Nothing in this Act shall be construed to prohibit
21 representation of a party by a person who is not an attorney
22 in a proceeding before either panel of the Illinois Labor
23 Relations Board under the Illinois Public Labor Relations
24 Act, as now or hereafter amended, the Illinois Educational
25 Labor Relations Board under the Illinois Educational Labor
26 Relations Act, as now or hereafter amended, the State Civil
27 Service Commission, the local Civil Service Commissions, or
28 the University Civil Service Merit Board, to the extent
29 allowed pursuant to rules and regulations promulgated by
30 those Boards and Commissions.
31 (Source: P.A. 91-798, eff. 7-9-00.)
32 Section 47. The Juvenile Court Act of 1987 is amended by
33 changing Section 6-9 as follows:
-140- LRB9206548DJgc
1 (705 ILCS 405/6-9) (from Ch. 37, par. 806-9)
2 Sec. 6-9. Enforcement of liability of parents and
3 others.
4 (1) If parentage is at issue in any proceeding under
5 this Act, the Illinois Parentage Act of 1984 shall apply and
6 the court shall enter orders consistent with that Act. If it
7 appears at any hearing that a parent or any other person
8 named in the petition, liable under the law for the support
9 of the minor, is able to contribute to his or her support,
10 the court shall enter an order requiring that parent or other
11 person to pay the clerk of the court, or to the guardian or
12 custodian appointed under Sections 2-27, 3-28, 4-25 or 5-740,
13 a reasonable sum from time to time for the care, support and
14 necessary special care or treatment, of the minor. If the
15 court determines at any hearing that a parent or any other
16 person named in the petition, liable under the law for the
17 support of the minor, is able to contribute to help defray
18 the costs associated with the minor's detention in a county
19 or regional detention center, the court shall enter an order
20 requiring that parent or other person to pay the clerk of the
21 court a reasonable sum for the care and support of the minor.
22 The court may require reasonable security for the payments.
23 Upon failure to pay, the court may enforce obedience to the
24 order by a proceeding as for contempt of court.
25 If it appears that the person liable for the support of
26 the minor is able to contribute to legal fees for
27 representation of the minor, the court shall enter an order
28 requiring that person to pay a reasonable sum for the
29 representation, to the attorney providing the representation
30 or to the clerk of the court for deposit in the appropriate
31 account or fund. The sum may be paid as the court directs,
32 and the payment thereof secured and enforced as provided in
33 this Section for support.
34 If it appears at the detention or shelter care hearing of
-141- LRB9206548DJgc
1 a minor before the court under Section 5-501 that a parent or
2 any other person liable for support of the minor is able to
3 contribute to his or her support, that parent or other person
4 shall be required to pay a fee for room and board at a rate
5 not to exceed $10 per day established, with the concurrence
6 of the chief judge of the judicial circuit, by the county
7 board of the county in which the minor is detained unless the
8 court determines that it is in the best interest and welfare
9 of the minor to waive the fee. The concurrence of the chief
10 judge shall be in the form of an administrative order. Each
11 week, on a day designated by the clerk of the circuit court,
12 that parent or other person shall pay the clerk for the
13 minor's room and board. All fees for room and board
14 collected by the circuit court clerk shall be disbursed into
15 the separate county fund under Section 6-7.
16 Upon application, the court shall waive liability for
17 support or legal fees under this Section if the parent or
18 other person establishes that he or she is indigent and
19 unable to pay the incurred liability, and the court may
20 reduce or waive liability if the parent or other person
21 establishes circumstances showing that full payment of
22 support or legal fees would result in financial hardship to
23 the person or his or her family.
24 (2) When a person so ordered to pay for the care and
25 support of a minor is employed for wages, salary or
26 commission, the court may order him to make the support
27 payments for which he is liable under this Act out of his
28 wages, salary or commission and to assign so much thereof as
29 will pay the support. The court may also order him to make
30 discovery to the court as to his place of employment and the
31 amounts earned by him. Upon his failure to obey the orders of
32 court he may be punished as for contempt of court.
33 (3) If the minor is a recipient of public aid under the
34 Illinois Public Aid Code, the court shall order that payments
-142- LRB9206548DJgc
1 made by a parent or through assignment of his wages, salary
2 or commission be made directly to (a) the Illinois Department
3 of Public Aid if the minor is a recipient of aid under
4 Article V of the Code, (b) the Department of Human Services
5 if the minor is a recipient of aid under Article IV of the
6 Code, or (c) the local governmental unit responsible for the
7 support of the minor if he is a recipient under Articles VI
8 or VII of the Code. The order shall permit the Illinois
9 Department of Public Aid, the Department of Human Services,
10 or the local governmental unit, as the case may be, to direct
11 that subsequent payments be made directly to the guardian or
12 custodian of the minor, or to some other person or agency in
13 the minor's behalf, upon removal of the minor from the public
14 aid rolls; and upon such direction and removal of the minor
15 from the public aid rolls, the Illinois Department of Public
16 Aid, Department of Human Services, or local governmental
17 unit, as the case requires, shall give written notice of such
18 action to the court. Payments received by the Illinois
19 Department of Public Aid, Department of Human Services, or
20 local governmental unit are to be covered, respectively, into
21 the General Revenue Fund of the State Treasury or General
22 Assistance Fund of the governmental unit, as provided in
23 Section 7.230 of the Attorney General Act 10-19 of the
24 Illinois Public Aid Code.
25 (Source: P.A. 90-157, eff. 1-1-98; 90-483, eff. 1-1-98;
26 90-590, eff. 1-1-99; 90-655, eff. 7-30-98; 91-357, eff.
27 7-29-99.)
28 Section 48. The Unified Code of Corrections is amended
29 by changing Section 5-7-6 as follows:
30 (730 ILCS 5/5-7-6) (from Ch. 38, par. 1005-7-6)
31 Sec. 5-7-6. Duty of Clerk of Court or the Department of
32 Corrections; collection and disposition of compensation.
-143- LRB9206548DJgc
1 (a) Every gainfully employed offender shall be
2 responsible for managing his or her earnings. The clerk of
3 the circuit court shall have only those responsibilities
4 regarding an offender's earnings as are set forth in this
5 Section.
6 Every offender, including offenders who are sentenced to
7 periodic imprisonment for weekends only, gainfully employed
8 shall pay a fee for room and board at a rate established,
9 with the concurrence of the chief judge of the judicial
10 circuit, by the county board of the county in which the
11 offender is incarcerated. The concurrence of the chief judge
12 shall be in the form of an administrative order. In
13 establishing the fee for room and board consideration may be
14 given to all costs incidental to the incarceration of
15 offenders. If an offender is necessarily absent from the
16 institution at mealtime he or she shall, without additional
17 charge, be furnished with a meal to carry to work. Each
18 week, on a day designated by the clerk of the circuit court,
19 every offender shall pay the clerk the fees for the
20 offender's room and board. Failure to pay the clerk on the
21 day designated shall result in the termination of the
22 offender's release. All fees for room and board collected by
23 the circuit court clerk shall be disbursed into the county's
24 General Corporate Fund.
25 By order of the court, all or a portion of the earnings
26 of employed offenders shall be turned over to the clerk to be
27 distributed for the following purposes, in the order stated:
28 (1) the room and board of the offender;
29 (2) necessary travel expenses to and from work and
30 other incidental expenses of the offender, when those
31 expenses are incurred by the administrator of the
32 offender's imprisonment;
33 (3) support of the offender's dependents, if any.
34 (b) If the offender has one or more dependents who are
-144- LRB9206548DJgc
1 recipients of financial assistance pursuant to the Illinois
2 Public Aid Code, or who are residents of a State hospital,
3 State school or foster care facility provided by the State,
4 the court shall order the offender to turn over all or a
5 portion of his earnings to the clerk who shall, after making
6 the deductions provided for under paragraph (a), distribute
7 those earnings to the appropriate agency as reimbursement for
8 the cost of care of such dependents. The order shall permit
9 the Department of Human Services (acting as successor to the
10 Illinois Department of Public Aid under the Department of
11 Human Services Act) or the local governmental unit, as the
12 case may be, to request the clerk that subsequent payments be
13 made directly to the dependents, or to some agency or person
14 in their behalf, upon removal of the dependents from the
15 public aid rolls; and upon such direction and removal of the
16 recipients from the public aid rolls, the Department of Human
17 Services or the local governmental unit, as the case
18 requires, shall give written notice of such action to the
19 court. Payments received by the Department of Human Services
20 or by governmental units in behalf of recipients of public
21 aid shall be deposited into the General Revenue Fund of the
22 State Treasury or General Assistance Fund of the governmental
23 unit, under Section 7.230 of the Attorney General Act 10-19
24 of the Illinois Public Aid Code.
25 (c) The clerk of the circuit court shall keep individual
26 accounts of all money collected by him as required by this
27 Article. He shall deposit all moneys as trustee in a
28 depository designated by the county board and shall make
29 payments required by the court's order from such trustee
30 account. Such accounts shall be subject to audit in the same
31 manner as accounts of the county are audited.
32 (d) If an institution or the Department of Corrections
33 certifies to the court that it can administer this Section
34 with respect to persons committed to it under this Article,
-145- LRB9206548DJgc
1 the clerk of the court shall be relieved of its duties under
2 this Section and they shall be assumed by such institution or
3 the Department.
4 (Source: P.A. 90-14, eff. 7-1-97; 91-357, eff. 7-29-99.)
5 Section 49. The Code of Civil Procedure is amended by
6 changing Section 2-101 as follows:
7 (735 ILCS 5/2-101) (from Ch. 110, par. 2-101)
8 Sec. 2-101. Generally. Except as otherwise provided in
9 this Act, every action must be commenced (1) in the county of
10 residence of any defendant who is joined in good faith and
11 with probable cause for the purpose of obtaining a judgment
12 against him or her and not solely for the purpose of fixing
13 venue in that county, or (2) in the county in which the
14 transaction or some part thereof occurred out of which the
15 cause of action arose.
16 If a check, draft, money order, or other instrument for
17 the payment of child support payable to or delivered to the
18 State Disbursement Unit established under Section 7.295 10-26
19 of the Attorney General Act Illinois Public Aid Code is
20 returned by the bank or depository for any reason, venue for
21 the enforcement of any criminal proceedings or civil cause of
22 action for recovery and attorney fees shall be in the county
23 where the principal office of the State Disbursement Unit is
24 located.
25 If all defendants are nonresidents of the State, an
26 action may be commenced in any county.
27 If the corporate limits of a city, village or town extend
28 into more than one county, then the venue of an action or
29 proceeding instituted by that municipality to enforce any
30 fine, imprisonment, penalty or forfeiture for violation of
31 any ordinance of that municipality, regardless of the county
32 in which the violation was committed or occurred, may be in
-146- LRB9206548DJgc
1 the appropriate court (i) in the county wherein the office of
2 the clerk of the municipality is located or (ii) in any
3 county in which at least 35% of the territory within the
4 municipality's corporate limits is located.
5 (Source: P.A. 91-212, eff. 7-20-99.)
6 Section 50. The Illinois Marriage and Dissolution of
7 Marriage Act is amended by changing Sections 505, 505.1,
8 505.2, 505.3, 506, 507, 507.1, 510, 516, 705, 709, 710, and
9 712 as follows:
10 (750 ILCS 5/505) (from Ch. 40, par. 505)
11 Sec. 505. Child support; contempt; penalties.
12 (a) In a proceeding for dissolution of marriage, legal
13 separation, declaration of invalidity of marriage, a
14 proceeding for child support following dissolution of the
15 marriage by a court which lacked personal jurisdiction over
16 the absent spouse, a proceeding for modification of a
17 previous order for child support under Section 510 of this
18 Act, or any proceeding authorized under Section 501 or 601 of
19 this Act, the court may order either or both parents owing a
20 duty of support to a child of the marriage to pay an amount
21 reasonable and necessary for his support, without regard to
22 marital misconduct. The duty of support owed to a minor
23 child includes the obligation to provide for the reasonable
24 and necessary physical, mental and emotional health needs of
25 the child.
26 (1) The Court shall determine the minimum amount of
27 support by using the following guidelines:
28 Number of Children Percent of Supporting Party's
29 Net Income
30 1 20%
31 2 25%
32 3 32%
-147- LRB9206548DJgc
1 4 40%
2 5 45%
3 6 or more 50%
4 (2) The above guidelines shall be applied in each
5 case unless the court makes a finding that application of
6 the guidelines would be inappropriate, after considering
7 the best interests of the child in light of evidence
8 including but not limited to one or more of the following
9 relevant factors:
10 (a) the financial resources and needs of the
11 child;
12 (b) the financial resources and needs of the
13 custodial parent;
14 (c) the standard of living the child would
15 have enjoyed had the marriage not been dissolved;
16 (d) the physical and emotional condition of
17 the child, and his educational needs; and
18 (e) the financial resources and needs of the
19 non-custodial parent.
20 If the court deviates from the guidelines, the
21 court's finding shall state the amount of support that
22 would have been required under the guidelines, if
23 determinable. The court shall include the reason or
24 reasons for the variance from the guidelines.
25 (3) "Net income" is defined as the total of all
26 income from all sources, minus the following deductions:
27 (a) Federal income tax (properly calculated
28 withholding or estimated payments);
29 (b) State income tax (properly calculated
30 withholding or estimated payments);
31 (c) Social Security (FICA payments);
32 (d) Mandatory retirement contributions
33 required by law or as a condition of employment;
34 (e) Union dues;
-148- LRB9206548DJgc
1 (f) Dependent and individual
2 health/hospitalization insurance premiums;
3 (g) Prior obligations of support or
4 maintenance actually paid pursuant to a court order;
5 (h) Expenditures for repayment of debts that
6 represent reasonable and necessary expenses for the
7 production of income, medical expenditures necessary
8 to preserve life or health, reasonable expenditures
9 for the benefit of the child and the other parent,
10 exclusive of gifts. The court shall reduce net
11 income in determining the minimum amount of support
12 to be ordered only for the period that such payments
13 are due and shall enter an order containing
14 provisions for its self-executing modification upon
15 termination of such payment period.
16 (4) In cases where the court order provides for
17 health/hospitalization insurance coverage pursuant to
18 Section 505.2 of this Act, the premiums for that
19 insurance, or that portion of the premiums for which the
20 supporting party is responsible in the case of insurance
21 provided through an employer's health insurance plan
22 where the employer pays a portion of the premiums, shall
23 be subtracted from net income in determining the minimum
24 amount of support to be ordered.
25 (4.5) In a proceeding for child support following
26 dissolution of the marriage by a court that lacked
27 personal jurisdiction over the absent spouse, and in
28 which the court is requiring payment of support for the
29 period before the date an order for current support is
30 entered, there is a rebuttable presumption that the
31 supporting party's net income for the prior period was
32 the same as his or her net income at the time the order
33 for current support is entered.
34 (5) If the net income cannot be determined because
-149- LRB9206548DJgc
1 of default or any other reason, the court shall order
2 support in an amount considered reasonable in the
3 particular case. The final order in all cases shall
4 state the support level in dollar amounts. However, if
5 the court finds that the child support amount cannot be
6 expressed exclusively as a dollar amount because all or a
7 portion of the payor's net income is uncertain as to
8 source, time of payment, or amount, the court may order a
9 percentage amount of support in addition to a specific
10 dollar amount and enter such other orders as may be
11 necessary to determine and enforce, on a timely basis,
12 the applicable support ordered.
13 (6) If (i) the non-custodial parent was properly
14 served with a request for discovery of financial
15 information relating to the non-custodial parent's
16 ability to provide child support, (ii) the non-custodial
17 parent failed to comply with the request, despite having
18 been ordered to do so by the court, and (iii) the
19 non-custodial parent is not present at the hearing to
20 determine support despite having received proper notice,
21 then any relevant financial information concerning the
22 non-custodial parent's ability to provide child support
23 that was obtained pursuant to subpoena and proper notice
24 shall be admitted into evidence without the need to
25 establish any further foundation for its admission.
26 (a-5) In an action to enforce an order for support based
27 on the respondent's failure to make support payments as
28 required by the order, notice of proceedings to hold the
29 respondent in contempt for that failure may be served on the
30 respondent by personal service or by regular mail addressed
31 to the respondent's last known address. The respondent's
32 last known address may be determined from records of the
33 clerk of the court, from the Federal Case Registry of Child
34 Support Orders, or by any other reasonable means.
-150- LRB9206548DJgc
1 (b) Failure of either parent to comply with an order to
2 pay support or a subpoena or warrant in a paternity or child
3 support proceeding shall be punishable as in other cases of
4 contempt. In addition to other penalties provided by law the
5 Court may, after finding the parent guilty of contempt, order
6 that the parent be:
7 (1) placed on probation with such conditions of
8 probation as the Court deems advisable;
9 (2) sentenced to periodic imprisonment for a period
10 not to exceed 6 months; provided, however, that the Court
11 may permit the parent to be released for periods of time
12 during the day or night to:
13 (A) work; or
14 (B) conduct a business or other self-employed
15 occupation.
16 The Court may further order any part or all of the
17 earnings of a parent during a sentence of periodic
18 imprisonment paid to the Clerk of the Circuit Court or to the
19 parent having custody or to the guardian having custody of
20 the minor children of the sentenced parent for the support of
21 said minor children until further order of the Court.
22 If there is a unity of interest and ownership sufficient
23 to render no financial separation between a non-custodial
24 parent and another person or persons or business entity, the
25 court may pierce the ownership veil of the person, persons,
26 or business entity to discover assets of the non-custodial
27 parent held in the name of that person, those persons, or
28 that business entity. The following circumstances are
29 sufficient to authorize a court to order discovery of the
30 assets of a person, persons, or business entity and to compel
31 the application of any discovered assets toward payment on
32 the judgment for support:
33 (1) the non-custodial parent and the person,
34 persons, or business entity maintain records together.
-151- LRB9206548DJgc
1 (2) the non-custodial parent and the person,
2 persons, or business entity fail to maintain an arms
3 length relationship between themselves with regard to any
4 assets.
5 (3) the non-custodial parent transfers assets to
6 the person, persons, or business entity with the intent
7 to perpetrate a fraud on the custodial parent.
8 With respect to assets which are real property, no order
9 entered under this paragraph shall affect the rights of bona
10 fide purchasers, mortgagees, judgment creditors, or other
11 lien holders who acquire their interests in the property
12 prior to the time a notice of lis pendens pursuant to the
13 Code of Civil Procedure or a copy of the order is placed of
14 record in the office of the recorder of deeds for the county
15 in which the real property is located.
16 The court may also order in cases where the parent is 90
17 days or more delinquent in payment of support or has been
18 adjudicated in arrears in an amount equal to 90 days
19 obligation or more, or has failed to comply with a subpoena
20 or warrant in a paternity or child support proceeding, that
21 the parent's Illinois driving privileges be suspended until
22 the court determines that the parent is in compliance with
23 the order of support or subpoena or warrant. The court may
24 also order that the parent be issued a family financial
25 responsibility driving permit that would allow limited
26 driving privileges for employment and medical purposes in
27 accordance with Section 7-702.1 of the Illinois Vehicle Code.
28 The clerk of the circuit court shall certify the order
29 suspending the driving privileges of the parent or granting
30 the issuance of a family financial responsibility driving
31 permit to the Secretary of State on forms prescribed by the
32 Secretary. Upon receipt of the authenticated documents, the
33 Secretary of State shall suspend the parent's driving
34 privileges until further order of the court and shall, if
-152- LRB9206548DJgc
1 ordered by the court, subject to the provisions of Section
2 7-702.1 of the Illinois Vehicle Code, issue a family
3 financial responsibility driving permit to the parent.
4 In addition to the penalties or punishment that may be
5 imposed under this Section, any person whose conduct
6 constitutes a violation of Section 15 of the Non-Support
7 Punishment Act may be prosecuted under that Act, and a person
8 convicted under that Act may be sentenced in accordance with
9 that Act. The sentence may include but need not be limited
10 to a requirement that the person perform community service
11 under Section 50 of that Act or participate in a work
12 alternative program under Section 50 of that Act. A person
13 may not be required to participate in a work alternative
14 program under Section 50 of that Act if the person is
15 currently participating in a work program pursuant to Section
16 505.1 of this Act.
17 A support obligation, or any portion of a support
18 obligation, which becomes due and remains unpaid for 30 days
19 or more shall accrue interest at the rate of 9% per annum.
20 (c) A one-time charge of 20% is imposable upon the
21 amount of past-due child support owed on July 1, 1988 which
22 has accrued under a support order entered by the court. The
23 charge shall be imposed in accordance with the provisions of
24 Section 10-21 of the Illinois Public Aid Code and shall be
25 enforced by the court upon petition. On and after the
26 effective date of this amendatory Act of the 92nd General
27 Assembly, the Attorney General may collect, on behalf of the
28 Illinois Department of Public Aid, any charge imposed in
29 accordance with this subsection. Nothing in this amendatory
30 Act of the 92nd General Assembly shall be construed to affect
31 the validity of any charge imposed in accordance this
32 subsection.
33 (d) Any new or existing support order entered by the
34 court under this Section shall be deemed to be a series of
-153- LRB9206548DJgc
1 judgments against the person obligated to pay support
2 thereunder, each such judgment to be in the amount of each
3 payment or installment of support and each such judgment to
4 be deemed entered as of the date the corresponding payment or
5 installment becomes due under the terms of the support order.
6 Each such judgment shall have the full force, effect and
7 attributes of any other judgment of this State, including the
8 ability to be enforced. A lien arises by operation of law
9 against the real and personal property of the noncustodial
10 parent for each installment of overdue support owed by the
11 noncustodial parent.
12 (e) When child support is to be paid through the clerk
13 of the court in a county of 1,000,000 inhabitants or less,
14 the order shall direct the obligor to pay to the clerk, in
15 addition to the child support payments, all fees imposed by
16 the county board under paragraph (3) of subsection (u) of
17 Section 27.1 of the Clerks of Courts Act. Unless paid in
18 cash or pursuant to an order for withholding, the payment of
19 the fee shall be by a separate instrument from the support
20 payment and shall be made to the order of the Clerk.
21 (f) All orders for support, when entered or modified,
22 shall include a provision requiring the obligor to notify the
23 court and, in cases in which a party is receiving child and
24 spouse services under Article X of the Illinois Public Aid
25 Code or under Sections 7.1 through 7.305 of the Attorney
26 General Act, the Illinois Department of Public Aid (before
27 the effective date of this amendatory Act of the 92nd General
28 Assembly) or the Attorney General (on and after that date),
29 within 7 days, (i) of the name and address of any new
30 employer of the obligor, (ii) whether the obligor has access
31 to health insurance coverage through the employer or other
32 group coverage and, if so, the policy name and number and the
33 names of persons covered under the policy, and (iii) of any
34 new residential or mailing address or telephone number of the
-154- LRB9206548DJgc
1 non-custodial parent. In any subsequent action to enforce a
2 support order, upon a sufficient showing that a diligent
3 effort has been made to ascertain the location of the
4 non-custodial parent, service of process or provision of
5 notice necessary in the case may be made at the last known
6 address of the non-custodial parent in any manner expressly
7 provided by the Code of Civil Procedure or this Act, which
8 service shall be sufficient for purposes of due process.
9 (g) An order for support shall include a date on which
10 the current support obligation terminates. The termination
11 date shall be no earlier than the date on which the child
12 covered by the order will attain the age of majority or is
13 otherwise emancipated. The order for support shall state that
14 the termination date does not apply to any arrearage that may
15 remain unpaid on that date. Nothing in this subsection shall
16 be construed to prevent the court from modifying the order.
17 (h) An order entered under this Section shall include a
18 provision requiring the obligor to report to the obligee and
19 to the clerk of court within 10 days each time the obligor
20 obtains new employment, and each time the obligor's
21 employment is terminated for any reason. The report shall be
22 in writing and shall, in the case of new employment, include
23 the name and address of the new employer. Failure to report
24 new employment or the termination of current employment, if
25 coupled with nonpayment of support for a period in excess of
26 60 days, is indirect criminal contempt. For any obligor
27 arrested for failure to report new employment bond shall be
28 set in the amount of the child support that should have been
29 paid during the period of unreported employment. An order
30 entered under this Section shall also include a provision
31 requiring the obligor and obligee parents to advise each
32 other of a change in residence within 5 days of the change
33 except when the court finds that the physical, mental, or
34 emotional health of a party or that of a minor child, or
-155- LRB9206548DJgc
1 both, would be seriously endangered by disclosure of the
2 party's address.
3 (Source: P.A. 90-18, eff. 7-1-97; 90-476, eff. 1-1-98;
4 90-539, eff. 6-1-98; 90-655, eff. 7-30-98; 90-733, eff.
5 8-11-98; 91-113, eff. 7-15-99; 91-397, eff. 1-1-00; 91-655,
6 eff. 6-1-00; 91-767, eff. 6-9-00; revised 6-28-00.)
7 (750 ILCS 5/505.1) (from Ch. 40, par. 505.1)
8 Sec. 505.1. (a) Whenever it is determined in a
9 proceeding to establish or enforce a child support or
10 maintenance obligation that the person owing a duty of
11 support is unemployed, the court may order the person to seek
12 employment and report periodically to the court with a diary,
13 listing or other memorandum of his or her efforts in
14 accordance with such order. Additionally, the court may order
15 the unemployed person to report to the Department of
16 Employment Security for job search services or to make
17 application with the local Job Training Partnership Act
18 provider for participation in job search, training or work
19 programs and where the duty of support is owed to a child
20 receiving support services under Article X of the Illinois
21 Public Aid Code or Sections 7.1 through 7.305 of the Attorney
22 General Act, as amended, the court may order the unemployed
23 person to report to the Illinois Department of Human Services
24 Public Aid for participation in job search, training or work
25 programs established under Section 9-6 and Article IXA of the
26 Illinois Public Aid that Code.
27 (b) Whenever it is determined that a person owes
28 past-due support for a child or for a child and the parent
29 with whom the child is living, and the child is receiving
30 assistance under the Illinois Public Aid Code, the court
31 shall order at the request of the Illinois Department of
32 Public Aid (before the effective date of this amendatory Act
33 of the 92nd General Assembly) or the Attorney General (on and
-156- LRB9206548DJgc
1 after that date):
2 (1) that the person pay the past-due support in
3 accordance with a plan approved by the court; or
4 (2) if the person owing past-due support is
5 unemployed, is subject to such a plan, and is not
6 incapacitated, that the person participate in such job
7 search, training, or work programs established under
8 Section 9-6 and Article IXA of the Illinois Public Aid
9 Code as the court deems appropriate.
10 (Source: P.A. 90-18, eff. 7-1-97; 91-357, eff. 7-29-99.)
11 t(750 ILCS 5/505.2) (from Ch. 40, par. 505.2)
12 Sec. 505.2. Health insurance.
13 (a) Definitions. As used in this Section:
14 (1) "Obligee" means the individual to whom the duty
15 of support is owed or the individual's legal
16 representative.
17 (2) "Obligor" means the individual who owes a duty
18 of support pursuant to an order for support.
19 (3) "Public office" means any elected official or
20 any State or local agency which is or may become
21 responsible by law for enforcement of, or which is or may
22 become authorized to enforce, an order for support,
23 including, but not limited to: the Attorney General, the
24 Illinois Department of Public Aid, the Illinois
25 Department of Human Services, the Illinois Department of
26 Children and Family Services, and the various State's
27 Attorneys, Clerks of the Circuit Court and supervisors of
28 general assistance.
29 (b) Order.
30 (1) Whenever the court establishes, modifies or
31 enforces an order for child support or for child support
32 and maintenance the court shall include in the order a
33 provision for the health care coverage of the child which
-157- LRB9206548DJgc
1 shall, upon request of the obligee or Public Office,
2 require that any child covered by the order be named as a
3 beneficiary of any health insurance plan that is
4 available to the obligor through an employer or labor
5 union or trade union. If the court finds that such a
6 plan is not available to the obligor, or that the plan is
7 not accessible to the obligee, the court may, upon
8 request of the obligee or Public Office, order the
9 obligor to name the child covered by the order as a
10 beneficiary of any health insurance plan that is
11 available to the obligor on a group basis, or as a
12 beneficiary of an independent health insurance plan to be
13 obtained by the obligor, after considering the following
14 factors:
15 (A) the medical needs of the child;
16 (B) the availability of a plan to meet those
17 needs; and
18 (C) the cost of such a plan to the obligor.
19 (2) If the employer or labor union or trade union
20 offers more than one plan, the order shall require the
21 obligor to name the child as a beneficiary of the plan in
22 which the obligor is enrolled.
23 (2.5) If the obligor changes employment and the new
24 employer provides a health insurance plan, the Public
25 Office shall transfer notice of the order to the new
26 employer. The notice shall operate to enroll the child
27 in the health insurance plan that is available to the
28 obligor unless the obligor contests the notice.
29 (3) Nothing in this Section shall be construed to
30 limit the authority of the court to establish or modify a
31 support order to provide for payment of expenses,
32 including deductibles, copayments and any other health
33 expenses, which are in addition to expenses covered by an
34 insurance plan of which a child is ordered to be named a
-158- LRB9206548DJgc
1 beneficiary pursuant to this Section.
2 (c) Implementation and enforcement.
3 (1) When the court order requires that a minor
4 child be named as a beneficiary of a health insurance
5 plan, other than a health insurance plan available
6 through an employer or labor union or trade union, the
7 obligor shall provide written proof to the obligee or
8 Public Office that the required insurance has been
9 obtained, or that application for insurability has been
10 made, within 30 days of receiving notice of the court
11 order. Unless the obligor was present in court when the
12 order was issued, notice of the order shall be given
13 pursuant to Illinois Supreme Court Rules. If an obligor
14 fails to provide the required proof, he may be held in
15 contempt of court.
16 (2) When the court requires that a minor child be
17 named as a beneficiary of a health insurance plan
18 available through an employer or labor union or trade
19 union, the court's order shall be implemented in
20 accordance with the Income Withholding for Support Act
21 Section 706.1, as now or hereafter amended.
22 (d) Failure to maintain insurance. The dollar amount of
23 the premiums for court-ordered health insurance, or that
24 portion of the premiums for which the obligor is responsible
25 in the case of insurance provided under a group health
26 insurance plan through an employer or labor union or trade
27 union where the employer or labor union or trade union pays a
28 portion of the premiums, shall be considered an additional
29 child support obligation owed by the obligor. Whenever the
30 obligor fails to provide or maintain health insurance
31 pursuant to an order for support, the obligor shall be liable
32 to the obligee for the dollar amount of the premiums which
33 were not paid, and shall also be liable for all medical
34 expenses incurred by the minor child which would have been
-159- LRB9206548DJgc
1 paid or reimbursed by the health insurance which the obligor
2 was ordered to provide or maintain. In addition, the obligee
3 may petition the court to modify the order based solely on
4 the obligor's failure to pay the premiums for court-ordered
5 health insurance.
6 (e) Authorization for payment. The signature of the
7 obligee is a valid authorization to the insurer to process a
8 claim for payment under the insurance plan to the provider of
9 the health care services or to the obligee.
10 (f) Disclosure of information. The obligor's employer
11 or labor union or trade union shall disclose to the obligee
12 or Public Office, upon request, information concerning any
13 dependent coverage plans which would be made available to a
14 new employee or labor union member or trade union member.
15 The employer or labor union or trade union shall disclose
16 such information whether or not a court order for medical
17 support has been entered.
18 (g) Employer obligations. If a parent is required by an
19 order for support to provide coverage for a child's health
20 care expenses and if that coverage is available to the parent
21 through an employer who does business in this State, the
22 employer must do all of the following upon receipt of a copy
23 of the order of support or order for withholding:
24 (1) The employer shall, upon the parent's request,
25 permit the parent to include in that coverage a child who
26 is otherwise eligible for that coverage, without regard
27 to any enrollment season restrictions that might
28 otherwise be applicable as to the time period within
29 which the child may be added to that coverage.
30 (2) If the parent has health care coverage through
31 the employer but fails to apply for coverage of the
32 child, the employer shall include the child in the
33 parent's coverage upon application by the child's other
34 parent or the Illinois Department of Public Aid.
-160- LRB9206548DJgc
1 (3) The employer may not eliminate any child from
2 the parent's health care coverage unless the employee is
3 no longer employed by the employer and no longer covered
4 under the employer's group health plan or unless the
5 employer is provided with satisfactory written evidence
6 of either of the following:
7 (A) The order for support is no longer in
8 effect.
9 (B) The child is or will be included in a
10 comparable health care plan obtained by the parent
11 under such order that is currently in effect or will
12 take effect no later than the date the prior
13 coverage is terminated.
14 The employer may eliminate a child from a parent's
15 health care plan obtained by the parent under such order
16 if the employer has eliminated dependent health care
17 coverage for all of its employees.
18 (Source: P.A. 89-183, eff. 1-1-96; 89-507, eff. 7-1-97;
19 89-626, eff. 8-9-96; 90-18, eff. 7-1-97; revised 3-9-00.)
20 (750 ILCS 5/505.3)
21 Sec. 505.3. Information to State Case Registry.
22 (a) When an order for support is entered or modified
23 under this Act, the clerk of the circuit court shall, within
24 5 business days, provide to the State Case Registry
25 established under Section 7.305 10-27 of the Attorney General
26 Act Illinois Public Aid Code the court docket number and
27 county in which the order is entered or modified and the
28 following information, which the parties shall disclose to
29 the court:
30 (1) The names of the custodial and non-custodial
31 parents and of the child or children covered by the
32 order.
33 (2) The dates of birth of the custodial and
-161- LRB9206548DJgc
1 non-custodial parents and of the child or children
2 covered by the order.
3 (3) The social security numbers of the custodial
4 and non-custodial parents and of the child or children
5 covered by the order.
6 (4) The residential and mailing addresses for the
7 custodial and non-custodial parents.
8 (5) The telephone numbers for the custodial and
9 non-custodial parents.
10 (6) The driver's license numbers for the custodial
11 and non-custodial parents.
12 (7) The name, address, and telephone number of each
13 parent's employer or employers.
14 (b) When a child support order is entered or modified
15 for a case in which a party is receiving child and spouse
16 support services under Article X of the Illinois Public Aid
17 Code (before the effective date of this amendatory Act of the
18 92nd General Assembly) or under Sections 7.1 through 7.305 of
19 the Attorney General Act (on and after that date), the clerk
20 shall provide the State Case Registry with the following
21 information:
22 (1) The information specified in subsection (a) of
23 this Section.
24 (2) The amount of monthly or other periodic support
25 owed under the order and other amounts, including
26 arrearages, interest, or late payment penalties and fees,
27 due or overdue under the order.
28 (3) Any amounts described in subdivision (2) of
29 this subsection (b) that have been received by the clerk.
30 (4) The distribution of the amounts received by the
31 clerk.
32 (c) A party shall report to the clerk of the circuit
33 court changes in information required to be the disclosed
34 under this Section within 5 business days of the change.
-162- LRB9206548DJgc
1 (d) To the extent that updated information is in the
2 clerk's possession, the clerk shall provide updates of the
3 information specified in subsection (b) of this Section
4 within 5 business days after the Illinois Department of
5 Public Aid's or Attorney General's request for that updated
6 information.
7 (Source: P.A. 91-212, eff. 7-20-99; revised 1-16-01.)
8 (750 ILCS 5/506) (from Ch. 40, par. 506)
9 Sec. 506. Representation of child.
10 (a) Duties. In any proceedings involving the support,
11 custody, visitation, education, parentage, property interest,
12 or general welfare of a minor or dependent child, the court
13 may, on its own motion or that of any party, and subject to
14 the terms or specifications the court determines, appoint an
15 attorney to serve in one of the following capacities:
16 (1) as an attorney to represent the child;
17 (2) as a guardian ad litem to address issues the
18 court delineates;
19 (3) as a child's representative whose duty shall be
20 to advocate what the representative finds to be in the
21 best interests of the child after reviewing the facts and
22 circumstances of the case. The child's representative
23 shall have the same power and authority to take part in
24 the conduct of the litigation as does an attorney for a
25 party and shall possess all the powers of investigation
26 and recommendation as does a guardian ad litem. The
27 child's representative shall consider, but not be bound
28 by, the expressed wishes of the child. A child's
29 representative shall have received training in child
30 advocacy or shall possess such experience as determined
31 to be equivalent to such training by the chief judge of
32 the circuit where the child's representative has been
33 appointed. The child's representative shall not disclose
-163- LRB9206548DJgc
1 confidential communications made by the child, except as
2 required by law or by the Rules of Professional Conduct.
3 The child's representative shall not be called as a
4 witness regarding the issues set forth in this
5 subsection.
6 During the proceedings the court may appoint an
7 additional attorney to serve in another of the capacities
8 described in subdivisions (a)(1), (a)(2), or (a)(3) on its
9 own motion or that of a party only for good cause shown and
10 when the reasons for the additional appointment are set forth
11 in specific findings.
12 (b) Fees and costs. The court shall enter an order as
13 appropriate for costs, fees, and disbursements, including a
14 retainer, when the attorney, guardian ad litem, or child's
15 representative is appointed, and thereafter as necessary.
16 Such orders shall require payment by either or both parents,
17 by any other party or source, or from the marital estate or
18 the child's separate estate. The court may not order payment
19 (i) by the Illinois Department of Public Aid in cases in
20 which the Department is providing child and spouse support
21 services under Article X of the Illinois Public Aid Code or
22 (ii) by the Attorney General in cases in which the Attorney
23 General is providing child and spouse support services under
24 Sections 7.1 through 7.305 of the Attorney General Act.
25 Unless otherwise ordered by the court at the time fees and
26 costs are approved, all fees and costs payable to an
27 attorney, guardian ad litem, or child's representative under
28 this Section are by implication deemed to be in the nature of
29 support of the child and are within the exceptions to
30 discharge in bankruptcy under 11 U.S.C.A. 523. The
31 provisions of Sections 501 and 508 of this Act shall apply to
32 fees and costs for attorneys appointed under this Section.
33 (Source: P.A. 90-309, eff. 1-1-98; 91-410, eff. 1-1-00.)
-164- LRB9206548DJgc
1 (750 ILCS 5/507) (from Ch. 40, par. 507)
2 Sec. 507. Payment of maintenance or support to court.
3 (a) In actions instituted under this Act, the court
4 shall order that maintenance and support payments be made to
5 the clerk of court as trustee for remittance to the person
6 entitled to receive the payments. However, the court in its
7 discretion may direct otherwise where circumstances so
8 warrant.
9 Upon notification in writing or by electronic
10 transmission from the Illinois Department of Public Aid
11 (before the effective date of this amendatory Act of the 92nd
12 General Assembly) or the Attorney General (on and after that
13 date) to the clerk of the court that a person who is
14 receiving support payments under this Section is receiving
15 services under the Child Support Enforcement Program
16 established by Title IV-D of the Social Security Act, any
17 support payments subsequently received by the clerk of the
18 court shall be transmitted in accordance with the
19 instructions of the Illinois Department of Public Aid or the
20 Attorney General until the Department or the Attorney General
21 gives notice to the clerk of the court to cease the
22 transmittal. After providing the notification authorized
23 under this paragraph, the Illinois Department of Public Aid
24 (before the effective date of this amendatory Act of the 92nd
25 General Assembly) or the Attorney General (on and after that
26 date) shall be entitled as a party to notice of any further
27 proceedings in the case. The clerk of the court shall file a
28 copy of the Illinois Department of Public Aid's or Attorney
29 General's notification in the court file. The failure of the
30 clerk to file a copy of the notification in the court file
31 shall not, however, affect the Illinois Department of Public
32 Aid's or Attorney General's right to receive notice of
33 further proceedings.
34 (b) The clerk of court shall maintain records listing
-165- LRB9206548DJgc
1 the amount of payments, the date payments are required to be
2 made and the names and addresses of the parties affected by
3 the order. For those cases in which support is payable to the
4 clerk of the circuit court for transmittal to the Illinois
5 Department of Public Aid by order of the court or upon
6 notification of the Illinois Department of Public Aid or the
7 Attorney General, and the Illinois Department of Public Aid
8 or the Attorney General collects support by assignment,
9 offset, withholding, deduction or other process permitted by
10 law, the Illinois Department or the Attorney General, as the
11 case may be, shall notify the clerk of the date and amount of
12 such collection. Upon notification, the clerk shall record
13 the collection on the payment record for the case.
14 (c) The parties affected by the order shall inform the
15 clerk of court of any change of address or of other condition
16 that may affect the administration of the order.
17 (d) The provisions of this Section shall not apply to
18 cases that come under the provisions of Sections 709 through
19 712.
20 (e) To the extent the provisions of this Section are
21 inconsistent with the requirements pertaining to the State
22 Disbursement Unit under Section 507.1 of this Act and Section
23 10-26 of the Illinois Public Aid Code, the requirements
24 pertaining to the State Disbursement Unit shall apply.
25 (Source: P.A. 90-18, eff. 7-1-97; 90-673, eff. 1-1-99;
26 90-790, eff. 8-14-98; 91-212, eff. 7-20-99; 91-357, eff.
27 7-29-99.)
28 (750 ILCS 5/507.1)
29 Sec. 507.1. Payment of Support to State Disbursement
30 Unit.
31 (a) As used in this Section:
32 "Order for support", "obligor", "obligee", and "payor"
33 mean those terms as defined in the Income Withholding for
-166- LRB9206548DJgc
1 Support Act, except that "order for support" shall not mean
2 orders providing for spousal maintenance under which there is
3 no child support obligation.
4 (b) Notwithstanding any other provision of this Act to
5 the contrary, each order for support entered or modified on
6 or after October 1, 1999 shall require that support payments
7 be made to the State Disbursement Unit established under
8 Section 7.295 10-26 of the Attorney General Act Illinois
9 Public Aid Code if:
10 (1) a party to the order is receiving child and
11 spouse support services under Article X of the Illinois
12 Public Aid Code or Sections 7.1 through 7.305 of the
13 Attorney General Act; or
14 (2) no party to the order is receiving child and
15 spouse support services, but the support payments are
16 made through income withholding.
17 (c) Support payments shall be made to the State
18 Disbursement Unit if:
19 (1) the order for support was entered before
20 October 1, 1999, and a party to the order is receiving
21 child and spouse support services under Article X of the
22 Illinois Public Aid Code or Sections 7.1 through 7.305 of
23 the Attorney General Act; or
24 (2) no party to the order is receiving child and
25 spouse support services, and the support payments are
26 being made through income withholding.
27 (c-5) If no party to the order is receiving child and
28 spouse support services under Article X of the Illinois
29 Public Aid Code or Sections 7.1 through 7.305 of the Attorney
30 General Act, and the support payments are not made through
31 income withholding, then support payments shall be made as
32 directed by the order for support.
33 (c-10) Within 15 days after the effective date of this
34 amendatory Act of the 91st General Assembly, the Illinois
-167- LRB9206548DJgc
1 Department shall provide written notice to the clerk of the
2 circuit court, the obligor, and, where applicable, the
3 obligor's payor to make payments to the State Disbursement
4 Unit if:
5 (1) the order for support was entered before
6 October 1, 1999, and a party to the order is receiving
7 child and spouse support services under Article X of the
8 Illinois Public Aid Code; or
9 (2) no party to the order is receiving child and
10 spouse support services, and the support payments are
11 being made through income withholding.
12 (c-15) Within 15 days after the effective date of this
13 amendatory Act of the 91st General Assembly, the clerk of the
14 circuit court shall provide written notice to the obligor to
15 make payments directly to the clerk of the circuit court if
16 no party to the order is receiving child and spouse support
17 services under Article X of the Illinois Public Aid Code, the
18 support payments are not made through income withholding, and
19 the order for support requires support payments to be made
20 directly to the clerk of the circuit court.
21 (c-20) If the State Disbursement Unit receives a support
22 payment that was not appropriately made to the Unit under
23 this Section, the Unit shall immediately return the payment
24 to the sender, including, if possible, instructions detailing
25 where to send the support payment.
26 (d) The notices required under subsections (c-10) and
27 (c-15) may be sent by ordinary mail, certified mail, return
28 receipt requested, facsimile transmission, or other
29 electronic process, or may be served upon the obligor or
30 payor using any method provided by law for service of a
31 summons. The Illinois Department of Public Aid shall provide
32 a copy of the notice to the obligee and to the clerk of the
33 court.
34 (Source: P.A. 91-212, eff. 7-20-99; 91-677, eff. 1-5-00.)
-168- LRB9206548DJgc
1 (750 ILCS 5/510) (from Ch. 40, par. 510)
2 Sec. 510. Modification and termination of provisions for
3 maintenance, support, educational expenses, and property
4 disposition.
5 (a) Except as otherwise provided in paragraph (f) of
6 Section 502 and in subsection (d), clause (3) of Section
7 505.2, the provisions of any judgment respecting maintenance
8 or support may be modified only as to installments accruing
9 subsequent to due notice by the moving party of the filing of
10 the motion for modification and, with respect to maintenance,
11 only upon a showing of a substantial change in circumstances.
12 An order for child support may be modified as follows:
13 (1) upon a showing of a substantial change in
14 circumstances; and
15 (2) without the necessity of showing a substantial
16 change in circumstances, as follows:
17 (A) upon a showing of an inconsistency of at
18 least 20%, but no less than $10 per month, between
19 the amount of the existing order and the amount of
20 child support that results from application of the
21 guidelines specified in Section 505 of this Act
22 unless the inconsistency is due to the fact that the
23 amount of the existing order resulted from a
24 deviation from the guideline amount and there has
25 not been a change in the circumstances that resulted
26 in that deviation; or
27 (B) Upon a showing of a need to provide for
28 the health care needs of the child under the order
29 through health insurance or other means. In no
30 event shall the eligibility for or receipt of
31 medical assistance be considered to meet the need to
32 provide for the child's health care needs.
33 The provisions of subparagraph (a)(2)(A) shall apply only
34 in cases in which a party is receiving child and spouse
-169- LRB9206548DJgc
1 support services from the Illinois Department of Public Aid
2 under Article X of the Illinois Public Aid Code or from the
3 Attorney General under Sections 7.1 through 7.305 of the
4 Attorney General Act, and only when at least 36 months have
5 elapsed since the order for child support was entered or last
6 modified.
7 (b) The provisions as to property disposition may not be
8 revoked or modified, unless the court finds the existence of
9 conditions that justify the reopening of a judgment under the
10 laws of this State.
11 (c) Unless otherwise agreed by the parties in a written
12 agreement set forth in the judgment or otherwise approved by
13 the court, the obligation to pay future maintenance is
14 terminated upon the death of either party, or the remarriage
15 of the party receiving maintenance, or if the party receiving
16 maintenance cohabits with another person on a resident,
17 continuing conjugal basis.
18 (d) Unless otherwise agreed in writing or expressly
19 provided in a judgment, provisions for the support of a child
20 are terminated by emancipation of the child, except as
21 otherwise provided herein, but not by the death of a parent
22 obligated to support or educate the child. An existing
23 obligation to pay for support or educational expenses, or
24 both, is not terminated by the death of a parent. When a
25 parent obligated to pay support or educational expenses, or
26 both, dies, the amount of support or educational expenses, or
27 both, may be enforced, modified, revoked or commuted to a
28 lump sum payment, as equity may require, and that
29 determination may be provided for at the time of the
30 dissolution of the marriage or thereafter.
31 (e) The right to petition for support or educational
32 expenses, or both, under Sections 505 and 513 is not
33 extinguished by the death of a parent. Upon a petition filed
34 before or after a parent's death, the court may award sums of
-170- LRB9206548DJgc
1 money out of the decedent's estate for the child's support or
2 educational expenses, or both, as equity may require. The
3 time within which a claim may be filed against the estate of
4 a decedent under Sections 505 and 513 and subsection (d) and
5 this subsection shall be governed by the provisions of the
6 Probate Act of 1975, as a barrable, noncontingent claim.
7 (Source: P.A. 87-714; 88-42; 88-307; 88-670, eff. 12-2-94.)
8 (750 ILCS 5/516) (from Ch. 40, par. 516)
9 Sec. 516. Public Aid Collection fee.
10 (a) In all cases instituted before the effective date of
11 this amendatory Act of the 92nd General Assembly by the
12 Illinois Department of Public Aid on behalf of a child or
13 spouse, other than one receiving a grant of financial aid
14 under Article IV of The Illinois Public Aid Code, on whose
15 behalf an application has been made and approved for support
16 services as provided by Section 10-1 of that Code, the court
17 shall impose a collection fee on the individual who owes a
18 child or spouse support obligation in an amount equal to 10%
19 of the amount so owed as long as such collection is required
20 by federal law, which fee shall be in addition to the support
21 obligation. The imposition of such fee shall be in
22 accordance with provisions of Title IV, Part D, of the Social
23 Security Act and regulations duly promulgated thereunder.
24 The fee shall be payable to the clerk of the circuit court
25 for transmittal to the Illinois Department of Public Aid and
26 shall continue until support services are terminated by that
27 Department, except as otherwise provided in this subsection.
28 If a collection fee is imposed under this subsection and
29 if, on or after the effective date of this amendatory Act of
30 the 92nd General Assembly, the child or spouse receives
31 support services under Section 7.5 of the Attorney General
32 Act, the fee shall be payable to the clerk of the circuit
33 court for transmittal to the Attorney General and shall
-171- LRB9206548DJgc
1 continue until support services are terminated by the
2 Attorney General. Nothing in this amendatory Act of the 92nd
3 General Assembly shall be construed to affect the validity of
4 any collection fee imposed in accordance with the first
5 paragraph of this subsection.
6 (b) In all cases instituted on or after the effective
7 date of this amendatory Act of the 92nd General Assembly by
8 the Attorney General on behalf of a child or spouse, other
9 than one receiving a grant of financial aid under Article IV
10 of the Illinois Public Aid Code, on whose behalf an
11 application has been made and approved for support services
12 as provided by Section 7.5 of the Attorney General Act, the
13 court shall impose a collection fee on the individual who
14 owes a child or spouse support obligation in an amount equal
15 to 10% of the amount so owed as long as such collection is
16 required by federal law, which fee shall be in addition to
17 the support obligation. The imposition of such fee shall be
18 in accordance with provisions of Title IV, Part D, of the
19 Social Security Act and regulations duly promulgated
20 thereunder. The fee shall be payable to the clerk of the
21 circuit court for transmittal to the Attorney General and
22 shall continue until support services are terminated by the
23 Attorney General.
24 (Source: P.A. 82-979.)
25 (750 ILCS 5/705) (from Ch. 40, par. 705)
26 Sec. 705. Support payments; receiving and disbursing
27 agents.
28 (1) The provisions of this Section shall apply, except
29 as provided in Sections 709 through 712.
30 (2) In a dissolution of marriage action filed in a
31 county of less than 3 million population in which an order or
32 judgment for child support is entered, and in supplementary
33 proceedings in any such county to enforce or vary the terms
-172- LRB9206548DJgc
1 of such order or judgment arising out of an action for
2 dissolution of marriage filed in such county, the court,
3 except as it otherwise orders, under subsection (4) of this
4 Section, may direct that child support payments be made to
5 the clerk of the court.
6 (3) In a dissolution of marriage action filed in any
7 county of 3 million or more population in which an order or
8 judgment for child support is entered, and in supplementary
9 proceedings in any such county to enforce or vary the terms
10 of such order or judgment arising out of an action for
11 dissolution of marriage filed in such county, the court,
12 except as it otherwise orders under subsection (4) of this
13 Section, may direct that child support payments be made
14 either to the clerk of the court or to the Court Service
15 Division of the County Department of Public Aid. After the
16 effective date of this Act, the court, except as it otherwise
17 orders under subsection (4) of this Section, may direct that
18 child support payments be made either to the clerk of the
19 court, the Attorney General, or to the Illinois Department
20 of Public Aid.
21 (4) In a dissolution of marriage action or supplementary
22 proceedings involving maintenance or child support payments,
23 or both, to persons who are recipients of aid under the
24 Illinois Public Aid Code, the court shall direct that such
25 payments be made to (a) the Attorney General Illinois
26 Department of Public Aid if the persons are recipients under
27 Articles III, IV, or V of the Code, or (b) the local
28 governmental unit responsible for their support if they are
29 recipients under Articles VI or VII of the Code. In
30 accordance with federal law and regulations, the Illinois
31 Department of Public Aid or the Attorney General may continue
32 to collect current maintenance payments or child support
33 payments, or both, after those persons cease to receive
34 public assistance and until termination of services under
-173- LRB9206548DJgc
1 Article X of the Illinois Public Aid Code or under Sections
2 7.1 through 7.305 of the Attorney General Act. The Illinois
3 Department of Public Aid or the Attorney General shall pay
4 the net amount collected to those persons after deducting any
5 costs incurred in making the collection or any collection fee
6 from the amount of any recovery made. The order shall permit
7 the Illinois Department of Public Aid, or the Attorney
8 General, or the local governmental unit, as the case may be,
9 to direct that payments be made directly to the former
10 spouse, the children, or both, or to some person or agency in
11 their behalf, upon removal of the former spouse or children
12 from the public aid rolls or upon termination of services
13 under Article X of the Illinois Public Aid Code or under
14 Sections 7.1 through 7.305 of the Attorney General Act; and
15 upon such direction, the Illinois Department, Attorney
16 General, or local governmental unit, as the case requires,
17 shall give notice of such action to the court in writing or
18 by electronic transmission.
19 (5) All clerks of the court and the Court Service
20 Division of a County Department of Public Aid and, after the
21 effective date of this Act, all clerks of the court, the
22 Attorney General, and the Illinois Department of Public Aid,
23 receiving child support payments under subsections (2) and
24 (3) of this Section shall disburse the payments to the person
25 or persons entitled thereto under the terms of the order or
26 judgment. They shall establish and maintain current records
27 of all moneys received and disbursed and of defaults and
28 delinquencies in required payments. The court, by order or
29 rule, shall make provision for the carrying out of these
30 duties.
31 Upon notification in writing or by electronic
32 transmission from the Illinois Department of Public Aid
33 (before the effective date of this amendatory Act of the 92nd
34 General Assembly) or the Attorney General (on and after that
-174- LRB9206548DJgc
1 date) to the clerk of the court that a person who is
2 receiving support payments under this Section is receiving
3 services under the Child Support Enforcement Program
4 established by Title IV-D of the Social Security Act, any
5 support payments subsequently received by the clerk of the
6 court shall be transmitted in accordance with the
7 instructions of the Illinois Department of Public Aid or the
8 Attorney General until the Department or the Attorney General
9 gives notice to the clerk of the court to cease the
10 transmittal. After providing the notification authorized
11 under this paragraph, the Illinois Department of Public Aid
12 (before the effective date of this amendatory Act of the 92nd
13 General Assembly) or the Attorney General (on and after that
14 date) shall be entitled as a party to notice of any further
15 proceedings in the case. The clerk of the court shall file a
16 copy of the Illinois Department of Public Aid's or Attorney
17 General's notification in the court file. The failure of the
18 clerk to file a copy of the notification in the court file
19 shall not, however, affect the Illinois Department of Public
20 Aid's or Attorney General's right to receive notice of
21 further proceedings.
22 Payments under this Section to the Illinois Department of
23 Public Aid or the Attorney General pursuant to the Child
24 Support Enforcement Program established by Title IV-D of the
25 Social Security Act shall be paid into the Child Support
26 Enforcement Trust Fund. All payments under this Section to
27 the Illinois Department of Human Services shall be deposited
28 in the DHS Recoveries Trust Fund. Disbursements from these
29 funds shall be as provided in the Illinois Public Aid Code.
30 Payments received by a local governmental unit shall be
31 deposited in that unit's General Assistance Fund. Any order
32 of court directing payment of child support to a clerk of
33 court or the Court Service Division of a County Department of
34 Public Aid, which order has been entered on or after August
-175- LRB9206548DJgc
1 14, 1961, and prior to the effective date of this Act, may be
2 amended by the court in line with this Act; and orders
3 involving payments of maintenance or child support to
4 recipients of public aid may in like manner be amended to
5 conform to this Act.
6 (6) No filing fee or costs will be required in any
7 action brought at the request of the Illinois Department of
8 Public Aid or the Attorney General in any proceeding under
9 this Act. However, any such fees or costs may be assessed by
10 the court against the respondent in the court's order of
11 support or any modification thereof in a proceeding under
12 this Act.
13 (7) For those cases in which child support is payable to
14 the clerk of the circuit court for transmittal to the
15 Illinois Department of Public Aid or the Attorney General by
16 order of court or upon notification by the Illinois
17 Department of Public Aid or the Attorney General, the clerk
18 shall transmit all such payments, within 4 working days of
19 receipt, to ensure insure that funds are available for
20 immediate distribution by the Department or the Attorney
21 General to the person or entity entitled thereto in
22 accordance with standards of the Child Support Enforcement
23 Program established under Title IV-D of the Social Security
24 Act. The clerk shall notify the Department or the Attorney
25 General of the date of receipt and amount thereof at the time
26 of transmittal. Where the clerk has entered into an
27 agreement of cooperation with the Department or the Attorney
28 General to record the terms of child support orders and
29 payments made thereunder directly into the IV-D Agency's
30 Department's automated data processing system, the clerk
31 shall account for, transmit and otherwise distribute child
32 support payments in accordance with such agreement in lieu of
33 the requirements contained herein.
34 In any action filed in a county with a population of
-176- LRB9206548DJgc
1 1,000,000 or less, the court shall assess against the
2 respondent in any order of maintenance or child support any
3 sum up to $36 annually authorized by ordinance of the county
4 board to be collected by the clerk of the court as costs for
5 administering the collection and disbursement of maintenance
6 and child support payments. Such sum shall be in addition to
7 and separate from amounts ordered to be paid as maintenance
8 or child support.
9 (8) To the extent the provisions of this Section are
10 inconsistent with the requirements pertaining to the State
11 Disbursement Unit under Section 507.1 of this Act and Section
12 10-26 of the Illinois Public Aid Code, the requirements
13 pertaining to the State Disbursement Unit shall apply.
14 (Source: P.A. 90-18, eff. 7-1-97; 90-673, eff. 1-1-99;
15 90-790, eff. 8-14-98; 91-24, eff. 7-1-99; 91-212, eff.
16 7-20-99; 91-357, eff. 7-29-99; revised 8-31-99.)
17 (750 ILCS 5/709) (from Ch. 40, par. 709)
18 Sec. 709. Mandatory child support payments to clerk.
19 (a) As of January 1, 1982, child support orders entered
20 in any county covered by this subsection shall be made
21 pursuant to the provisions of Sections 709 through 712 of
22 this Act. For purposes of these Sections, the term "child
23 support payment" or "payment" shall include any payment
24 ordered to be made solely for the purpose of the support of a
25 child or children or any payment ordered for general support
26 which includes any amount for support of any child or
27 children.
28 The provisions of Sections 709 through 712 shall be
29 applicable to any county with a population of 2 million or
30 more and to any other county which notifies the Supreme Court
31 of its desire to be included within the coverage of these
32 Sections and is certified pursuant to Supreme Court Rules.
33 The effective date of inclusion, however, shall be
-177- LRB9206548DJgc
1 subject to approval of the application for reimbursement of
2 the costs of the support program by the Department of Public
3 Aid (before the effective date of this amendatory Act of the
4 92nd General Assembly) or the Attorney General (on and after
5 that date) as provided in Section 712.
6 (b) In any proceeding for a dissolution of marriage,
7 legal separation, or declaration of invalidity of marriage,
8 or in any supplementary proceedings in which a judgment or
9 modification thereof for the payment of child support is
10 entered on or after January 1, 1982, in any county covered by
11 Sections 709 through 712, and the person entitled to payment
12 is receiving a grant of financial aid under Article IV of the
13 Illinois Public Aid Code or has applied and qualified for
14 support services under Section 10-1 of that Code or under
15 Section 7.5 of the Attorney General Act, the court shall
16 direct: (1) that such payments be made to the clerk of the
17 court and (2) that the parties affected shall each thereafter
18 notify the clerk of any change of address or change in other
19 conditions that may affect the administration of the order,
20 including the fact that a party who was previously not on
21 public aid has become a recipient of public aid, within 10
22 days of such change. All notices sent to the obligor's last
23 known address on file with the clerk shall be deemed
24 sufficient to proceed with enforcement pursuant to the
25 provisions of Sections 709 through 712.
26 In all other cases, the court may direct that payments be
27 made to the clerk of the court.
28 (c) Except as provided in subsection (d) of this
29 Section, the clerk shall disburse the payments to the person
30 or persons entitled thereto under the terms of the order or
31 judgment.
32 (d) The court shall determine, prior to the entry of the
33 support order, if the party who is to receive the support is
34 presently receiving public aid or has a current application
-178- LRB9206548DJgc
1 for public aid pending and shall enter the finding on the
2 record.
3 If the person entitled to payment is a recipient of aid
4 under the Illinois Public Aid Code, the clerk, upon being
5 informed of this fact by finding of the court, by
6 notification by the party entitled to payment, by the
7 Illinois Department of Public Aid, by the Attorney General,
8 or by the local governmental unit, shall make all payments
9 to: (1) the Attorney General Illinois Department of Public
10 Aid if the person is a recipient under Article III, IV, or V
11 of the Code or (2) the local governmental unit responsible
12 for his or her support if the person is a recipient under
13 Article VI or VII of the Code. In accordance with federal law
14 and regulations, the Illinois Department of Public Aid may
15 continue to collect current maintenance payments or child
16 support payments, or both, after those persons cease to
17 receive public assistance and until termination of services
18 under Article X of the Illinois Public Aid Code or under
19 Sections 7.1 through 7.305 of the Attorney General Act. The
20 Illinois Department of Public Aid or the Attorney General
21 shall pay the net amount collected to those persons after
22 deducting any costs incurred in making the collection or any
23 collection fee from the amount of any recovery made. Upon
24 termination of public aid payments to such a recipient or
25 termination of services under Article X of the Illinois
26 Public Aid Code or under Sections 7.1 through 7.305 of the
27 Attorney General Act, the Illinois Department of Public Aid,
28 the Attorney General, or the appropriate local governmental
29 unit shall notify the clerk in writing or by electronic
30 transmission that all subsequent payments are to be sent
31 directly to the person entitled thereto.
32 Upon notification in writing or by electronic
33 transmission from the Illinois Department of Public Aid
34 (before the effective date of this amendatory Act of the 92nd
-179- LRB9206548DJgc
1 General Assembly) or the Attorney General (on and after that
2 date) to the clerk of the court that a person who is
3 receiving support payments under this Section is receiving
4 services under the Child Support Enforcement Program
5 established by Title IV-D of the Social Security Act, any
6 support payments subsequently received by the clerk of the
7 court shall be transmitted in accordance with the
8 instructions of the Illinois Department of Public Aid or the
9 Attorney General until the Department or the Attorney General
10 gives notice to the clerk of the court to cease the
11 transmittal. After providing the notification authorized
12 under this paragraph, the Illinois Department of Public Aid
13 (before the effective date of this amendatory Act of the 92nd
14 General Assembly) or the Attorney General (on and after that
15 date) shall be entitled as a party to notice of any further
16 proceedings in the case. The clerk of the court shall file a
17 copy of the Illinois Department of Public Aid's or Attorney
18 General's notification in the court file. The failure of the
19 clerk to file a copy of the notification in the court file
20 shall not, however, affect the Illinois Department of Public
21 Aid's or Attorney General's right to receive notice of
22 further proceedings.
23 Payments under this Section to the Illinois Department of
24 Public Aid or the Attorney General pursuant to the Child
25 Support Enforcement Program established by Title IV-D of the
26 Social Security Act shall be paid into the Child Support
27 Enforcement Trust Fund. All payments under this Section to
28 the Illinois Department of Human Services shall be deposited
29 in the DHS Recoveries Trust Fund. Disbursements from these
30 funds shall be as provided in the Illinois Public Aid Code.
31 Payments received by a local governmental unit shall be
32 deposited in that unit's General Assistance Fund.
33 (e) Any order or judgment may be amended by the court,
34 upon its own motion or upon the motion of either party, to
-180- LRB9206548DJgc
1 conform with the provisions of Sections 709 through 712,
2 either as to the requirement of making payments to the clerk
3 or, where payments are already being made to the clerk, as to
4 the statutory fees provided for under Section 711.
5 (f) The clerk may invest in any interest bearing account
6 or in any securities, monies collected for the benefit of a
7 payee, where such payee cannot be found; however, the
8 investment may be only for the period until the clerk is able
9 to locate and present the payee with such monies. The clerk
10 may invest in any interest bearing account, or in any
11 securities, monies collected for the benefit of any other
12 payee; however, this does not alter the clerk's obligation to
13 make payments to the payee in a timely manner. Any interest
14 or capital gains accrued shall be for the benefit of the
15 county and shall be paid into the special fund established in
16 subsection (b) of Section 711.
17 (g) The clerk shall establish and maintain a payment
18 record of all monies received and disbursed and such record
19 shall constitute prima facie evidence of such payment and
20 non-payment, as the case may be.
21 (h) For those cases in which child support is payable to
22 the clerk of the circuit court for transmittal to the
23 Illinois Department of Public Aid or the Attorney General by
24 order of court or upon notification by the Illinois
25 Department of Public Aid or the Attorney General, the clerk
26 shall transmit all such payments, within 4 working days of
27 receipt, to ensure insure that funds are available for
28 immediate distribution by the Department or the Attorney
29 General to the person or entity entitled thereto in
30 accordance with standards of the Child Support Enforcement
31 Program established under Title IV-D of the Social Security
32 Act. The clerk shall notify the Department or the Attorney
33 General of the date of receipt and amount thereof at the time
34 of transmittal. Where the clerk has entered into an
-181- LRB9206548DJgc
1 agreement of cooperation with the Department or the Attorney
2 General to record the terms of child support orders and
3 payments made thereunder directly into the IV-D Agency's
4 Department's automated data processing system, the clerk
5 shall account for, transmit and otherwise distribute child
6 support payments in accordance with such agreement in lieu of
7 the requirements contained herein.
8 (i) To the extent the provisions of this Section are
9 inconsistent with the requirements pertaining to the State
10 Disbursement Unit under Section 507.1 of this Act and
11 Sections 7.76 and 7.295 of the Attorney General Act Section
12 10-26 of the Illinois Public Aid Code, the requirements
13 pertaining to the State Disbursement Unit shall apply.
14 (Source: P.A. 91-24, eff. 7-1-99; 91-212, eff. 7-20-99;
15 revised 9-28-99.)
16 (750 ILCS 5/710) (from Ch. 40, par. 710)
17 Sec. 710. Enforcement; Penalties.
18 (a) In counties certified as included under the
19 provisions of Sections 709 through 712 and whose application
20 for reimbursement is approved, there shall be instituted a
21 child support enforcement program to be conducted by the
22 clerk of the circuit court and the state's attorney of the
23 county. The program is to be limited to enforcement of child
24 support orders entered pursuant to this Act.
25 The child support enforcement program is to be conducted
26 only on behalf of dependent children included in a grant of
27 financial aid under Article IV of The Illinois Public Aid
28 Code and parties who apply and qualify for support services
29 pursuant to Section 10-1 of such Code or Section 7.5 of the
30 Attorney General Act.
31 Nothing in this Section shall be construed to prohibit
32 the establishment of a child support enforcement program by
33 the clerk of the circuit court in cooperation with the
-182- LRB9206548DJgc
1 State's Attorney of the county.
2 (b) In the event of a delinquency in payment, as
3 determined from the record maintained by the clerk in a
4 county covered by the child support enforcement program, such
5 clerk shall notify both the party obligated to make the
6 payment, hereinafter called the payor, and the recipient of
7 such payment, hereinafter called the payee, of such
8 delinquency and that if the amount then due and owing is not
9 remitted in the time period required by circuit court rules,
10 the matter will be referred to the state's attorney for
11 enforcement proceedings. Upon failure of the payor to remit
12 as required, the clerk shall refer the matter to the state's
13 attorney, except as provided by rule of the circuit court.
14 (c) Upon referral from the clerk, the state's attorney
15 shall promptly initiate enforcement proceedings against the
16 payor. Legal representation by the state's attorney shall be
17 limited to child support and shall not extend to visitation,
18 custody, property or other matters; however, if the payor
19 properly files pleadings raising such matters during the
20 course of the child support hearing and the court finds that
21 it has jurisdiction of such matters, the payee shall be
22 granted the opportunity to obtain a continuance in order to
23 secure representation for those other matters, and the court
24 shall not delay entry of an appropriate support order pending
25 the disposition of such other matters.
26 If the state's attorney does not commence enforcement
27 proceedings within 30 days, the clerk shall inform the court
28 which, upon its own motion, shall appoint counsel for
29 purposes of enforcement. The fees and expenses of such
30 counsel shall be paid by the payor and shall not be paid by
31 the State.
32 Nothing in this Section shall be construed to prevent a
33 payee from instituting independent enforcement proceedings or
34 limit the remedies available to payee in such proceedings.
-183- LRB9206548DJgc
1 However, absent the exercise under this provision of a
2 private right of enforcement, enforcement shall be as
3 otherwise provided in this Section.
4 (d) At the time any support order is entered, the payee
5 shall be informed of the procedure used for enforcement and
6 shall be given the address and telephone number both of the
7 clerk and of the Child and Spouse Support Unit as provided in
8 Section 712.
9 The payee shall be informed that, if no action is taken
10 within 2 months of any complaint to the clerk, payee may
11 contact the Unit to seek assistance in obtaining enforcement.
12 (e) Upon a finding that payor is in default and that
13 such non-payment is for a period of two months and that such
14 non-payment is without good cause, the court shall order the
15 payor to pay a sum equal to 2% of the arrearage as a penalty
16 along with his payment.
17 The court may further assess against the payor any fees
18 and expenses incurred in the enforcement of any order or the
19 reasonable value thereof and may impose any penalty otherwise
20 available to it in a case of contempt.
21 All penalties, fees and expenses assessed against the
22 payor pursuant to this subsection are to cover the expenses
23 of enforcement, are to be paid to the clerk and are to be
24 placed by him in the special fund provided for in Section
25 711.
26 (f) Any person not covered by the child support
27 enforcement program may institute private and independent
28 proceedings to enforce payment of support.
29 (Source: P.A. 88-284.)
30 (750 ILCS 5/712) (from Ch. 40, par. 712)
31 Sec. 712. (a) The Supreme Court may make Rules
32 concerning the certification of counties for inclusion in the
33 child support enforcement program and the application of the
-184- LRB9206548DJgc
1 procedures created by Sections 709 through 712 in the various
2 counties.
3 The Supreme Court shall inform each circuit court and
4 clerk of the court of the availability of the program to
5 reimburse counties desiring to participate in the program of
6 enforcement of child support payments.
7 The Supreme Court shall also distribute to each circuit
8 court and clerk of the court any materials prepared by the
9 Child and Spouse Support Unit comparing child support
10 enforcement in counties included and not included in this
11 program.
12 (b) Before the effective date of this amendatory Act of
13 the 92nd General Assembly, the Illinois Department of Public
14 Aid, through the Child and Spouse Support Unit provided for
15 by Section 10-3.1 of The Illinois Public Aid Code, shall have
16 general supervision of the child support programs created by
17 Sections 709 through 712 and shall have the powers and duties
18 provided in this Section, including the following:
19 (1) to make advance payments to any county included in
20 the program for expenses in preparing programs to enforce
21 payment of child support to the clerk from appropriations
22 made for such purposes by the General Assembly;
23 (2) to make payments to each covered county to pay for
24 its reasonable expenses actually necessary to maintain a
25 continuing program not paid for by fees, penalties, or other
26 monies; provided that, with respect to that portion of the
27 program on behalf of dependent children included in a grant
28 of financial aid under Article IV of The Illinois Public Aid
29 Code the Unit shall pay only such expenses as is its current
30 practice or as it may deem appropriate; provided further that
31 the Unit shall only pay expenses of the entire program
32 subject to the availability of federal monies to pay the
33 majority of expenses of the entire child support enforcement
34 program; provided further that the Unit or Department may set
-185- LRB9206548DJgc
1 standards relating to enforcement which have to be met by any
2 county seeking to enter a contract with the Department for
3 reimbursement of expenses of the entire enforcement program
4 prior to an application for reimbursement being approved and
5 the contract granted; and provided further that such
6 standards may relate to, but are not limited to the following
7 factors: maintenance of the payment record, the definition of
8 delinquency; the period of time in which a delinquency must
9 be determined, the payor notified, the remittance received,
10 the referral to the state's attorney made, and the payment
11 remitted by the clerk to the payee or other party entitled to
12 the payment; the conditions under which referral will not be
13 made to the state's attorney; and the definitions and
14 procedures for other matters necessary for the conduct and
15 operation of the program;
16 (3) to monitor the various local programs for
17 enforcement of child support payments to the clerk;
18 (4) to act to encourage enforcement whenever local
19 enforcement procedures are inadequate;
20 (5) to receive monies from any source for assistance in
21 enforcement of child support; and
22 (6) to assist any county desirous of assistance in
23 establishing and maintaining a child support enforcement
24 program.
25 (b-5) On and after the effective date of this amendatory
26 Act of the 92nd General Assembly, the Attorney General,
27 through the Child and Spouse Support Unit provided for by
28 Section 7.20 of the Attorney General Act, shall have general
29 supervision of the child support programs created by Sections
30 709 through 712 and shall have the powers and duties provided
31 in this Section, including those assigned to the Illinois
32 Department of Public Aid and its Child and Spouse Support
33 Unit under subsection (b).
34 (c) Any county may apply for financial assistance to the
-186- LRB9206548DJgc
1 Unit to initiate or maintain a program of child support
2 enforcement. Every county which desires such assistance
3 shall apply according to procedures established by the Unit.
4 In its application, it shall state the following: financial
5 needs, personnel requirements, anticipated caseloads, any
6 amounts collected or anticipated in fees or penalties, and
7 any other information required by the Unit.
8 (d) In the case that any advance money is given to any
9 county under this Section to initiate an enforcement system,
10 the county shall reimburse the state within 2 years from the
11 date such monies are given to it. The Unit may establish an
12 appropriate schedule of reimbursement for any county.
13 (e) In the event of the unavailability of federal monies
14 to pay for the greater part of the costs to a county of the
15 child support enforcement program under Sections 709 through
16 712 and the resulting cessation of state participation, the
17 operation of the child support enforcement program under
18 Sections 709 through 712 shall terminate. The date and the
19 method of termination shall be determined by Supreme Court
20 Rule.
21 (Source: P.A. 84-1395.)
22 Section 55. The Non-Support Punishment Act is amended by
23 changing Sections 7, 20, 25, 30, 35, 50, and 60 as follows:
24 (750 ILCS 16/7)
25 Sec. 7. Prosecutions by Attorney General. In addition
26 to enforcement proceedings by the several State's Attorneys,
27 a proceeding for the enforcement of this Act may be
28 instituted and prosecuted by the Attorney General in cases
29 referred by the Illinois Department of Public Aid (before the
30 effective date of this amendatory Act of the 92nd General
31 Assembly) involving persons receiving child and spouse
32 support services under Article X of the Illinois Public Aid
-187- LRB9206548DJgc
1 Code or in cases involving persons receiving those services
2 under Sections 7.1 through 7.305 of the Attorney General Act.
3 Before referring a case to the Attorney General for
4 enforcement under this Act, the Department of Public Aid
5 shall notify the person receiving child and spouse support
6 services under Article X of the Illinois Public Aid Code of
7 the Department's intent to refer the case to the Attorney
8 General under this Section for prosecution.
9 (Source: P.A. 91-613, eff. 10-1-99.)
10 (750 ILCS 16/20)
11 Sec. 20. Entry of order for support; income withholding.
12 (a) In a case in which no court or administrative order
13 for support is in effect against the defendant:
14 (1) at any time before the trial, upon motion of the
15 State's Attorney, or of the Attorney General if the
16 action has been instituted by his office, and upon notice
17 to the defendant, or at the time of arraignment or as a
18 condition of postponement of arraignment, the court may
19 enter such temporary order for support as may seem just,
20 providing for the support or maintenance of the spouse or
21 child or children of the defendant, or both, pendente
22 lite; or
23 (2) before trial with the consent of the defendant,
24 or at the trial on entry of a plea of guilty, or after
25 conviction, instead of imposing the penalty provided in
26 this Act, or in addition thereto, the court may enter an
27 order for support, subject to modification by the court
28 from time to time as circumstances may require, directing
29 the defendant to pay a certain sum for maintenance of the
30 spouse, or for support of the child or children, or both.
31 (b) The court shall determine the amount of child support
32 by using the guidelines and standards set forth in subsection
33 (a) of Section 505 and in Section 505.2 of the Illinois
-188- LRB9206548DJgc
1 Marriage and Dissolution of Marriage Act.
2 If (i) the non-custodial parent was properly served with
3 a request for discovery of financial information relating to
4 the non-custodial parent's ability to provide child support,
5 (ii) the non-custodial parent failed to comply with the
6 request, despite having been ordered to do so by the court,
7 and (iii) the non-custodial parent is not present at the
8 hearing to determine support despite having received proper
9 notice, then any relevant financial information concerning
10 the non-custodial parent's ability to provide support that
11 was obtained pursuant to subpoena and proper notice shall be
12 admitted into evidence without the need to establish any
13 further foundation for its admission.
14 (c) The court shall determine the amount of maintenance
15 using the standards set forth in Section 504 of the Illinois
16 Marriage and Dissolution of Marriage Act.
17 (d) The court may, for violation of any order under this
18 Section, punish the offender as for a contempt of court, but
19 no pendente lite order shall remain in effect longer than 4
20 months, or after the discharge of any panel of jurors
21 summoned for service thereafter in such court, whichever is
22 sooner.
23 (e) Any order for support entered by the court under this
24 Section shall be deemed to be a series of judgments against
25 the person obligated to pay support under the judgments, each
26 such judgment to be in the amount of each payment or
27 installment of support and each judgment to be deemed entered
28 as of the date the corresponding payment or installment
29 becomes due under the terms of the support order. Each
30 judgment shall have the full force, effect, and attributes of
31 any other judgment of this State, including the ability to be
32 enforced. Each judgment is subject to modification or
33 termination only in accordance with Section 510 of the
34 Illinois Marriage and Dissolution of Marriage Act. A lien
-189- LRB9206548DJgc
1 arises by operation of law against the real and personal
2 property of the noncustodial parent for each installment of
3 overdue support owed by the noncustodial parent.
4 (f) An order for support entered under this Section shall
5 include a provision requiring the obligor to report to the
6 obligee and to the clerk of the court within 10 days each
7 time the obligor obtains new employment, and each time the
8 obligor's employment is terminated for any reason. The
9 report shall be in writing and shall, in the case of new
10 employment, include the name and address of the new employer.
11 Failure to report new employment or the termination of
12 current employment, if coupled with nonpayment of support for
13 a period in excess of 60 days, is indirect criminal contempt.
14 For any obligor arrested for failure to report new
15 employment, bond shall be set in the amount of the child
16 support that should have been paid during the period of
17 unreported employment.
18 An order for support entered under this Section shall
19 also include a provision requiring the obligor and obligee
20 parents to advise each other of a change in residence within
21 5 days of the change except when the court finds that the
22 physical, mental, or emotional health of a party or of a
23 minor child, or both, would be seriously endangered by
24 disclosure of the party's address.
25 (g) An order for support entered or modified in a case in
26 which a party is receiving child and spouse support services
27 under Article X of the Illinois Public Aid Code or under
28 Sections 7.1 through 7.305 of the Attorney General Act shall
29 include a provision requiring the noncustodial parent to
30 notify the Illinois Department of Public Aid or the Attorney
31 General, within 7 days, of the name and address of any new
32 employer of the noncustodial parent, whether the noncustodial
33 parent has access to health insurance coverage through the
34 employer or other group coverage and, if so, the policy name
-190- LRB9206548DJgc
1 and number and the names of persons covered under the policy.
2 (h) In any subsequent action to enforce an order for
3 support entered under this Act, upon sufficient showing that
4 diligent effort has been made to ascertain the location of
5 the noncustodial parent, service of process or provision of
6 notice necessary in that action may be made at the last known
7 address of the noncustodial parent, in any manner expressly
8 provided by the Code of Civil Procedure or in this Act, which
9 service shall be sufficient for purposes of due process.
10 (i) An order for support shall include a date on which
11 the current support obligation terminates. The termination
12 date shall be no earlier than the date on which the child
13 covered by the order will attain the age of majority or is
14 otherwise emancipated. The order for support shall state that
15 the termination date does not apply to any arrearage that may
16 remain unpaid on that date. Nothing in this subsection shall
17 be construed to prevent the court from modifying the order.
18 (Source: P.A. 91-613, eff. 10-1-99; 91-767, eff. 6-9-00.)
19 (750 ILCS 16/25)
20 Sec. 25. Payment of support to State Disbursement Unit;
21 clerk of the court.
22 (a) As used in this Section, "order for support",
23 "obligor", "obligee", and "payor" mean those terms as defined
24 in the Income Withholding for Support Act.
25 (b) Each order for support entered or modified under
26 Section 20 of this Act shall require that support payments be
27 made to the State Disbursement Unit established under Section
28 7.295 of the Attorney General Act the Illinois Public Aid
29 Code, under the following circumstances:
30 (1) when a party to the order is receiving child and
31 spouse support services under Article X of the Illinois
32 Public Aid Code or Sections 7.1 through 7.305 of the
33 Attorney General Act; or
-191- LRB9206548DJgc
1 (2) when no party to the order is receiving child
2 and spouse support services, but the support payments are
3 made through income withholding.
4 (c) When no party to the order is receiving child and
5 spouse support services, and payments are not being made
6 through income withholding, the court shall order the obligor
7 to make support payments to the clerk of the court.
8 (d) In the case of an order for support entered by the
9 court under this Act before a party commenced receipt of
10 child and spouse support services, upon receipt of these
11 services by a party the Illinois Department of Public Aid
12 (before the effective date of this amendatory Act of the 92nd
13 General Assembly) or the Attorney General (on and after that
14 date) shall provide notice to the obligor to send any support
15 payments he or she makes personally to the State Disbursement
16 Unit until further direction of the Department or the
17 Attorney General. The Department or the Attorney General
18 shall provide a copy of the notice to the obligee and to the
19 clerk of the court.
20 (e) If a State Disbursement Unit as specified by federal
21 law has not been created in Illinois upon the effective date
22 of this Act, then, until the creation of a State Disbursement
23 Unit as specified by federal law, the following provisions
24 regarding payment and disbursement of support payments shall
25 control and the provisions in subsections (a), (b), (c), and
26 (d) shall be inoperative. Upon the creation of a State
27 Disbursement Unit as specified by federal law, this
28 subsection (e) shall be inoperative and the payment and
29 disbursement provisions of subsections (a), (b), (c), and (d)
30 shall control.
31 (1) In cases in which an order for support is
32 entered under Section 20 of this Act, the court shall
33 order that maintenance and support payments be made to
34 the clerk of the court for remittance to the person or
-192- LRB9206548DJgc
1 agency entitled to receive the payments. However, the
2 court in its discretion may direct otherwise where
3 exceptional circumstances so warrant.
4 (2) The court shall direct that support payments be
5 sent by the clerk to (i) the Illinois Department of
6 Public Aid if the person in whose behalf payments are
7 made is receiving aid under Articles III, IV, or V of the
8 Illinois Public Aid Code, or child and spouse support
9 services under Article X of the Code, or (ii) to the
10 local governmental unit responsible for the support of
11 the person if he or she is a recipient under Article VI
12 of the Code. In accordance with federal law and
13 regulations, the Illinois Department of Public Aid may
14 continue to collect current maintenance payments or child
15 support payments, or both, after those persons cease to
16 receive public assistance and until termination of
17 services under Article X of the Illinois Public Aid Code.
18 The Illinois Department shall pay the net amount
19 collected to those persons after deducting any costs
20 incurred in making the collection or any collection fee
21 from the amount of any recovery made. The order shall
22 permit the Illinois Department of Public Aid or the local
23 governmental unit, as the case may be, to direct that
24 support payments be made directly to the spouse,
25 children, or both, or to some person or agency in their
26 behalf, upon removal of the spouse or children from the
27 public aid rolls or upon termination of services under
28 Article X of the Illinois Public Aid Code; and upon such
29 direction, the Illinois Department or the local
30 governmental unit, as the case requires, shall give
31 notice of such action to the court in writing or by
32 electronic transmission.
33 (3) The clerk of the court shall establish and
34 maintain current records of all moneys received and
-193- LRB9206548DJgc
1 disbursed and of delinquencies and defaults in required
2 payments. The court, by order or rule, shall make
3 provision for the carrying out of these duties.
4 (4) Upon notification in writing or by electronic
5 transmission from the Illinois Department of Public Aid
6 to the clerk of the court that a person who is receiving
7 support payments under this Section is receiving services
8 under the Child Support Enforcement Program established
9 by Title IV-D of the Social Security Act, any support
10 payments subsequently received by the clerk of the court
11 shall be transmitted in accordance with the instructions
12 of the Illinois Department of Public Aid until the
13 Department gives notice to cease the transmittal. After
14 providing the notification authorized under this
15 paragraph, the Illinois Department of Public Aid shall be
16 a party and entitled to notice of any further proceedings
17 in the case. The clerk of the court shall file a copy of
18 the Illinois Department of Public Aid's notification in
19 the court file. The failure of the clerk to file a copy
20 of the notification in the court file shall not, however,
21 affect the Illinois Department of Public Aid's rights as
22 a party or its right to receive notice of further
23 proceedings.
24 (5) Payments under this Section to the Illinois
25 Department of Public Aid pursuant to the Child Support
26 Enforcement Program established by Title IV-D of the
27 Social Security Act shall be paid into the Child Support
28 Enforcement Trust Fund. All other payments under this
29 Section to the Illinois Department of Public Aid shall be
30 deposited in the Public Assistance Recoveries Trust Fund.
31 Disbursements from these funds shall be as provided in
32 the Illinois Public Aid Code. Payments received by a
33 local governmental unit shall be deposited in that unit's
34 General Assistance Fund.
-194- LRB9206548DJgc
1 (6) For those cases in which child support is
2 payable to the clerk of the circuit court for transmittal
3 to the Illinois Department of Public Aid by order of
4 court or upon notification by the Illinois Department of
5 Public Aid, the clerk shall transmit all such payments,
6 within 4 working days of receipt, to insure that funds
7 are available for immediate distribution by the
8 Department to the person or entity entitled thereto in
9 accordance with standards of the Child Support
10 Enforcement Program established under Title IV-D of the
11 Social Security Act. The clerk shall notify the
12 Department of the date of receipt and amount thereof at
13 the time of transmittal. Where the clerk has entered
14 into an agreement of cooperation with the Department to
15 record the terms of child support orders and payments
16 made thereunder directly into the Department's automated
17 data processing system, the clerk shall account for,
18 transmit and otherwise distribute child support payments
19 in accordance with such agreement in lieu of the
20 requirements contained herein.
21 (Source: P.A. 91-613, eff. 10-1-99.)
22 (750 ILCS 16/30)
23 Sec. 30. Information to State Case Registry.
24 (a) When an order for support is entered or modified
25 under Section 20 of this Act, the clerk of the court shall,
26 within 5 business days, provide to the State Case Registry
27 established under Section 7.305 10-27 of the Attorney General
28 Act Illinois Public Aid Code the court docket number and
29 county in which the order is entered or modified and the
30 following information, which the parents involved in the case
31 shall disclose to the court:
32 (1) the names of the custodial and noncustodial
33 parents and of the child or children covered by the
-195- LRB9206548DJgc
1 order;
2 (2) the dates of birth of the custodial and
3 noncustodial parents and of the child or children covered
4 by the order;
5 (3) the social security numbers of the custodial and
6 noncustodial parents and, if available, of the child or
7 children covered by the order;
8 (4) the residential and mailing address for the
9 custodial and noncustodial parents;
10 (5) the telephone numbers for the custodial and
11 noncustodial parents;
12 (6) the driver's license numbers for the custodial
13 and noncustodial parents; and
14 (7) the name, address, and telephone number of each
15 parent's employer or employers.
16 (b) When an order for support is entered or modified
17 under Section 20 in a case in which a party is receiving
18 child and spouse support services under Article X of the
19 Illinois Public Aid Code or under Sections 7.1 through 7.305
20 of the Attorney General Act, the clerk shall provide the
21 State Case Registry with the following information within 5
22 business days:
23 (1) the information specified in subsection (a);
24 (2) the amount of monthly or other periodic support
25 owed under the order and other amounts, including
26 arrearages, interest, or late payment penalties and fees,
27 due or overdue under the order;
28 (3) any amounts described in subdivision (2) of this
29 subsection (b) that have been received by the clerk; and
30 (4) the distribution of the amounts received by the
31 clerk.
32 (c) A party shall report to the clerk of the circuit
33 court changes in information required to be disclosed under
34 this Section within 5 business days of the change.
-196- LRB9206548DJgc
1 (d) To the extent that updated information is in the
2 clerk's possession, the clerk shall provide updates of the
3 information specified in subsection (b) within 5 business
4 days after the Illinois Department of Public Aid's or
5 Attorney General's request for that updated information.
6 (Source: P.A. 91-613, eff. 10-1-99.)
7 (750 ILCS 16/35)
8 Sec. 35. Fine; release of defendant on probation;
9 violation of order for support; forfeiture of recognizance.
10 (a) Whenever a fine is imposed it may be directed by the
11 court to be paid, in whole or in part, to the spouse,
12 ex-spouse, or if the support of a child or children is
13 involved, to the custodial parent, to the clerk, probation
14 officer, or to the Illinois Department of Public Aid (before
15 the effective date of this amendatory Act of the 92nd General
16 Assembly) if a recipient of child and spouse support services
17 under Article X of the Illinois Public Aid Code is involved,
18 or to the Attorney General (on and after the effective date
19 of this amendatory Act of the 92nd General Assembly) if a
20 recipient of child and spouse support services under Sections
21 7.1 through 7.305 of the Attorney General Act is involved, as
22 the case requires, to be disbursed by such officers or agency
23 under the terms of the order.
24 (b) The court may also relieve the defendant from custody
25 on probation for the period fixed in the order or judgment
26 upon his or her entering into a recognizance, with or without
27 surety, in the sum as the court orders and approves. The
28 condition of the recognizance shall be such that if the
29 defendant makes his or her personal appearance in court
30 whenever ordered to do so by the court, during such period as
31 may be so fixed, and further complies with the terms of the
32 order for support, or any subsequent modification of the
33 order, then the recognizance shall be void; otherwise it will
-197- LRB9206548DJgc
1 remain in full force and effect.
2 (c) If the court is satisfied by testimony in open court,
3 that at any time during the period of one year the defendant
4 has violated the terms of the order for support, it may
5 proceed with the trial of the defendant under the original
6 charge, or sentence him or her under the original conviction,
7 or enforce the suspended sentence, as the case may be. In
8 case of forfeiture of recognizance, and enforcement of
9 recognizance by execution, the sum so recovered may, in the
10 discretion of the court, be paid, in whole or in part, to the
11 spouse, ex-spouse, or if the support of a child or children
12 is involved, to the custodial parent, to the clerk, or to the
13 Illinois Department of Public Aid (before the effective date
14 of this amendatory Act of the 92nd General Assembly) if a
15 recipient of child and spouse support services under Article
16 X of the Illinois Public Aid Code is involved, or to the
17 Attorney General (on and after the effective date of this
18 amendatory Act of the 92nd General Assembly) if a recipient
19 of child and spouse support services under Sections 7.1
20 through 7.305 of the Attorney General Act is involved, as the
21 case requires, to be disbursed by the clerk, or the
22 Department, or the Attorney General under the terms of the
23 order.
24 (Source: P.A. 91-613, eff. 10-1-99.)
25 (750 ILCS 16/50)
26 Sec. 50. Community service; work alternative program.
27 (a) In addition to any other penalties imposed against an
28 offender under this Act, the court may order the offender to
29 perform community service for not less than 30 and not more
30 than 120 hours per month, if community service is available
31 in the jurisdiction and is funded and approved by the county
32 board of the county where the offense was committed. In
33 addition, whenever any person is placed on supervision for
-198- LRB9206548DJgc
1 committing an offense under this Act, the supervision shall
2 be conditioned on the performance of the community service.
3 (b) In addition to any other penalties imposed against an
4 offender under this Act, the court may sentence the offender
5 to service in a work alternative program administered by the
6 sheriff. The conditions of the program are that the offender
7 obtain or retain employment and participate in a work
8 alternative program administered by the sheriff during
9 non-working hours. A person may not be required to
10 participate in a work alternative program under this
11 subsection if the person is currently participating in a work
12 program pursuant to another provision of this Act, Section
13 7.85 10-11.1 of the Attorney General Act Illinois Public Aid
14 Code, Section 505.1 of the Illinois Marriage and Dissolution
15 of Marriage Act, or Section 15.1 of the Illinois Parentage
16 Act of 1984.
17 (c) In addition to any other penalties imposed against
18 an offender under this Act, the court may order, in cases
19 where the offender has been in violation of this Act for 90
20 days or more, that the offender's Illinois driving privileges
21 be suspended until the court determines that the offender is
22 in compliance with this Act.
23 The court may determine that the offender is in
24 compliance with this Act if the offender has agreed (i) to
25 pay all required amounts of support and maintenance as
26 determined by the court or (ii) to the garnishment of his or
27 her income for the purpose of paying those amounts.
28 The court may also order that the offender be issued a
29 family financial responsibility driving permit that would
30 allow limited driving privileges for employment and medical
31 purposes in accordance with Section 7-702.1 of the Illinois
32 Vehicle Code. The clerk of the circuit court shall certify
33 the order suspending the driving privileges of the offender
34 or granting the issuance of a family financial responsibility
-199- LRB9206548DJgc
1 driving permit to the Secretary of State on forms prescribed
2 by the Secretary. Upon receipt of the authenticated
3 documents, the Secretary of State shall suspend the
4 offender's driving privileges until further order of the
5 court and shall, if ordered by the court, subject to the
6 provisions of Section 7-702.1 of the Illinois Vehicle Code,
7 issue a family financial responsibility driving permit to the
8 offender.
9 (d) If the court determines that the offender has been
10 in violation of this Act for more than 60 days, the court may
11 determine whether the offender has applied for or been issued
12 a professional license by the Department of Professional
13 Regulation or another licensing agency. If the court
14 determines that the offender has applied for or been issued
15 such a license, the court may certify to the Department of
16 Professional Regulation or other licensing agency that the
17 offender has been in violation of this Act for more than 60
18 days so that the Department or other agency may take
19 appropriate steps with respect to the license or application
20 as provided in Section 10-65 of the Illinois Administrative
21 Procedure Act and Section 2105-15 of the Department of
22 Professional Regulation Law (20 ILCS 2105/2105-15) 60 of the
23 Civil Administrative Code of Illinois. The court may take
24 the actions required under this subsection in addition to
25 imposing any other penalty authorized under this Act.
26 (Source: P.A. 91-613, eff. 10-1-99.)
27 (750 ILCS 16/60)
28 Sec. 60. Unemployed persons owing duty of support.
29 (a) Whenever it is determined in a proceeding to
30 establish or enforce a child support or maintenance
31 obligation that the person owing a duty of support is
32 unemployed, the court may order the person to seek employment
33 and report periodically to the court with a diary, listing or
-200- LRB9206548DJgc
1 other memorandum of his or her efforts in accordance with
2 such order. Additionally, the court may order the unemployed
3 person to report to the Department of Employment Security for
4 job search services or to make application with the local Job
5 Jobs Training Partnership Act provider for participation in
6 job search, training, or work programs and where the duty of
7 support is owed to a child receiving support services under
8 Article X of the Illinois Public Aid Code or under Sections
9 7.1 through 7.305 of the Attorney General Act the court may
10 order the unemployed person to report to the Illinois
11 Department of Public Aid for participation in job search,
12 training, or work programs established under Section 9-6 and
13 Article IXA of that Code.
14 (b) Whenever it is determined that a person owes past
15 due support for a child or for a child and the parent with
16 whom the child is living, and the child is receiving
17 assistance under the Illinois Public Aid Code, the court
18 shall order at the request of the Illinois Department of
19 Public Aid:
20 (1) that the person pay the past-due support in
21 accordance with a plan approved by the court; or
22 (2) if the person owing past-due support is
23 unemployed, is subject to such a plan, and is not
24 incapacitated, that the person participate in such job
25 search, training, or work programs established under
26 Section 9-6 and Article IXA of the Illinois Public Aid
27 Code as the court deems appropriate.
28 (Source: P.A. 91-613, eff. 10-1-99; revised 10-1-99.)
29 Section 65. The Uniform Interstate Family Support Act is
30 amended by changing Sections 101, 102, 310, and 320 as
31 follows:
32 (750 ILCS 22/101)
-201- LRB9206548DJgc
1 Sec. 101. Definitions. In this Act:
2 "Child" means an individual, whether over or under the
3 age of 18, who is or is alleged to be owed a duty of support
4 by the individual's parent or who is or is alleged to be the
5 beneficiary of a support order directed to the parent.
6 "Child-support order" means a support order for a child,
7 including a child who has attained the age of 18.
8 "Duty of support" means an obligation imposed or
9 imposable by law to provide support for a child, spouse, or
10 former spouse including an unsatisfied obligation to provide
11 support.
12 "Home state" means the state in which a child lived with
13 a parent or a person acting as parent for at least 6
14 consecutive months immediately preceding the time of filing
15 of a petition or comparable pleading for support, and if a
16 child is less than 6 months old, the state in which the child
17 lived from birth with any of them. A period of temporary
18 absence of any of them is counted as part of the 6-month or
19 other period.
20 "Income" includes earnings or other periodic entitlements
21 to money from any source and any other property subject to
22 withholding for support under the law of this State.
23 "Income-withholding order" means an order or other legal
24 process directed to an obligor's employer or other debtor, as
25 defined by the Attorney General Act, the Illinois Marriage
26 and Dissolution of Marriage Act, the Non-Support of Spouse
27 and Children Act, the Non-Support Punishment Act, the
28 Illinois Public Aid Code, and the Illinois Parentage Act of
29 1984, to withhold support from the income of the obligor.
30 "Initiating state" means a state from which a proceeding
31 is forwarded or in which a proceeding is filed for forwarding
32 to a responding state under this Act or a law or procedure
33 substantially similar to this Act.
34 "Initiating tribunal" means the authorized tribunal in an
-202- LRB9206548DJgc
1 initiating state.
2 "Issuing state" means the state in which a tribunal
3 issues a support order or renders a judgment determining
4 parentage.
5 "Issuing tribunal" means the tribunal that issues a
6 support order or renders a judgment determining parentage.
7 "Obligee" means:
8 (i) an individual to whom a duty of support is or
9 is alleged to be owed or in whose favor a support order
10 has been issued or a judgment determining parentage has
11 been rendered;
12 (ii) a state or political subdivision to which the
13 rights under a duty of support or support order have been
14 assigned or which has independent claims based on
15 financial assistance provided to an individual obligee;
16 or
17 (iii) an individual seeking a judgment determining
18 parentage of the individual's child.
19 "Obligor" means an individual, or the estate of a
20 decedent: (i) who owes or is alleged to owe a duty of
21 support; (ii) who is alleged but has not been adjudicated to
22 be a parent of a child; or (iii) who is liable under a
23 support order.
24 "Register" means to record a support order or judgment
25 determining parentage in the appropriate Registry of Foreign
26 Support Orders.
27 "Registering tribunal" means a tribunal in which a
28 support order is registered.
29 "Responding state" means a state in which a proceeding is
30 filed or to which a proceeding is forwarded for filing from
31 an initiating state under this Act or a law or procedure
32 substantially similar to this Act.
33 "Responding tribunal" means the authorized tribunal in a
34 responding state.
-203- LRB9206548DJgc
1 "Spousal-support order" means a support order for a
2 spouse or former spouse of the obligor.
3 "State" means a state of the United States, the District
4 of Columbia, Puerto Rico, the United States Virgin Islands,
5 or any territory or insular possession subject to the
6 jurisdiction of the United States. The term includes:
7 (i) an Indian tribe; and
8 (ii) a foreign jurisdiction that has enacted a law
9 or established procedures for issuance and enforcement of
10 support orders which are substantially similar to the
11 procedures under this Act, the Uniform Reciprocal
12 Enforcement of Support Act, or the Revised Uniform
13 Reciprocal Enforcement of Support Act.
14 "Support enforcement agency" means a public official or
15 agency authorized to seek:
16 (1) enforcement of support orders or laws relating
17 to the duty of support;
18 (2) establishment or modification of child support;
19 (3) determination of parentage; or
20 (4) to locate obligors or their assets.
21 "Support order" means a judgment, decree, or order,
22 whether temporary, final, or subject to modification, for the
23 benefit of a child, a spouse, or a former spouse, which
24 provides for monetary support, health care, arrearages, or
25 reimbursement, and may include related costs and fees,
26 interest, income withholding, attorney's fees, and other
27 relief.
28 "Tribunal" means a court, administrative agency, or
29 quasi-judicial entity authorized to establish, enforce, or
30 modify support orders or to determine parentage.
31 (Source: P.A. 90-240, eff. 7-28-97; 91-613, eff. 10-1-99.)
32 (750 ILCS 22/102)
33 Sec. 102. Tribunal of State. The circuit court is a
-204- LRB9206548DJgc
1 tribunal of this State. The Illinois Department of Public Aid
2 is an initiating tribunal. The Illinois Department of Public
3 Aid is also a responding tribunal of this State to the extent
4 that it can administratively establish paternity and
5 establish, modify, and enforce an administrative
6 child-support order under authority of Article X of the
7 Illinois Public Aid Code. The Attorney General is an
8 initiating tribunal. The Attorney General is also a
9 responding tribunal of this State to the extent that it can
10 administratively establish paternity and establish, modify,
11 and enforce an administrative child support order under the
12 authority of the Attorney General Act.
13 (Source: P.A. 90-240, eff. 7-28-97.)
14 (750 ILCS 22/310)
15 Sec. 310. Duties of the state information agency
16 Illinois Department of Public Aid.
17 (a) Before the effective date of this amendatory Act of
18 the 92nd General Assembly, the Illinois Department of Public
19 Aid is the state information agency under this Act. On and
20 after the effective date of this amendatory Act of the 92nd
21 General Assembly, the Attorney General is the state
22 information agency under this Act.
23 (b) The state information agency shall:
24 (1) compile and maintain a current list, including
25 addresses, of the tribunals in this State which have
26 jurisdiction under this Act and any support enforcement
27 agencies in this State and transmit a copy to the state
28 information agency of every other state;
29 (2) maintain a register of tribunals and support
30 enforcement agencies received from other states;
31 (3) forward to the appropriate tribunal in the
32 place in this State in which the individual obligee or
33 the obligor resides, or in which the obligor's property
-205- LRB9206548DJgc
1 is believed to be located, all documents concerning a
2 proceeding under this Act received from an initiating
3 tribunal or the state information agency of the
4 initiating state; and
5 (4) obtain information concerning the location of
6 the obligor and the obligor's property within this State
7 not exempt from execution, by such means as postal
8 verification and federal or state locator services,
9 examination of telephone directories, requests for the
10 obligor's address from employers, and examination of
11 governmental records, including, to the extent not
12 prohibited by other law, those relating to real property,
13 vital statistics, law enforcement, taxation, motor
14 vehicles, driver's licenses, and social security.
15 (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
16 by P.A. 88-691.)
17 (750 ILCS 22/320)
18 Sec. 320. Payment of Support to State Disbursement Unit.
19 (a) As used in this Section:
20 "Order for support", "obligor", "obligee", and "payor"
21 mean those terms as defined in the Income Withholding for
22 Support Act, except that "order for support" means an order
23 entered by any tribunal of this State but shall not mean
24 orders providing for spousal maintenance under which there is
25 no child support obligation.
26 (b) Notwithstanding any other provision of this Act to
27 the contrary, each order for support entered or modified on
28 or after October 1, 1999 shall require that support payments
29 be made to the State Disbursement Unit established under
30 Section 7.295 10-26 of the Attorney General Act Illinois
31 Public Aid Code if:
32 (1) a party to the order is receiving child and
33 spouse support services under Article X of the Illinois
-206- LRB9206548DJgc
1 Public Aid Code or Sections 7.1 through 7.305 of the
2 Attorney General Act; or
3 (2) no party to the order is receiving child and
4 spouse support services, but the support payments are
5 made through income withholding.
6 (c) Support payments shall be made to the State
7 Disbursement Unit if:
8 (1) the order for support was entered before
9 October 1, 1999, and a party to the order is receiving
10 child and spouse support services under Article X of the
11 Illinois Public Aid Code or Sections 7.1 through 7.305 of
12 the Attorney General Act; or
13 (2) no party to the order is receiving child and
14 spouse support services, and the support payments are
15 being made through income withholding.
16 (c-5) If no party to the order is receiving child and
17 spouse support services under Article X of the Illinois
18 Public Aid Code or Sections 7.1 through 7.305 of the Attorney
19 General Act, and the support payments are not made through
20 income withholding, then support payments shall be made as
21 directed by the order for support.
22 (c-10) Within 15 days after the effective date of this
23 amendatory Act of the 91st General Assembly, the Illinois
24 Department shall provide written notice to the clerk of the
25 circuit court, the obligor, and, where applicable, the
26 obligor's payor to make payments to the State Disbursement
27 Unit if:
28 (1) the order for support was entered before
29 October 1, 1999, and a party to the order is receiving
30 child and spouse support services under Article X of the
31 Illinois Public Aid Code; or
32 (2) no party to the order is receiving child and
33 spouse support services, and the support payments are
34 being made through income withholding.
-207- LRB9206548DJgc
1 (c-15) Within 15 days after the effective date of this
2 amendatory Act of the 91st General Assembly, the clerk of the
3 circuit court shall provide written notice to the obligor to
4 make payments directly to the clerk of the circuit court if
5 no party to the order is receiving child and spouse support
6 services under Article X of the Illinois Public Aid Code, the
7 support payments are not made through income withholding, and
8 the order for support requires support payments to be made
9 directly to the clerk of the circuit court.
10 (c-20) If the State Disbursement Unit receives a support
11 payment that was not appropriately made to the Unit under
12 this Section, the Unit shall immediately return the payment
13 to the sender, including, if possible, instructions detailing
14 where to send the support payments.
15 (d) The notices required under subsections (c-10) and
16 (c-15) may be sent by ordinary mail, certified mail, return
17 receipt requested, facsimile transmission, or other
18 electronic process, or may be served upon the obligor or
19 payor using any method provided by law for service of a
20 summons. The Illinois Department of Public Aid shall provide
21 a copy of the notice to the obligee and to the clerk of the
22 court.
23 (Source: P.A. 91-677, eff. 1-5-00.)
24 Section 70. The Expedited Child Support Act of 1990 is
25 amended by changing Sections 5 and 6 as follows:
26 (750 ILCS 25/5) (from Ch. 40, par. 2705)
27 Sec. 5. Actions subject to Expedited Child Support
28 Hearings.
29 (a) The Chief Judge of each Judicial Circuit that
30 establishes a System shall delegate to the Administrative
31 Hearing Officer the authority to hear the following actions:
32 (1) Petitions for child support and for medical
-208- LRB9206548DJgc
1 support, pursuant to Section 505.2 of the Illinois
2 Marriage and Dissolution of Marriage Act, for
3 post-judgment dissolution of marriage and post-judgment
4 parentage actions where child support or medical support
5 was reserved or could not be ordered at the time of entry
6 of the judgment because the court lacked personal
7 jurisdiction over the obligor.
8 (2) Petitions for modification of child support and
9 medical support in post-judgment dissolution of marriage
10 and post-judgment parentage actions.
11 (3) Parentage actions, including the establishment
12 of child support orders after parentage has been
13 acknowledged.
14 (4) Actions for the enforcement of any existing
15 order for child support or medical support in
16 post-judgment dissolution of marriage and post-judgment
17 parentage actions.
18 (5) Actions for the establishment of child support
19 and medical support orders involving parties who are
20 married and living separately, pursuant to Section 402 of
21 the Marriage and Dissolution of Marriage Act.
22 (6) Temporary orders for support in any action in
23 which the custodial parent is a participant in the IV-D
24 program.
25 (7) Any other child support matter provided for in
26 the Plan for the creation of the System approved by the
27 Illinois Supreme Court.
28 (8) Actions brought pursuant to Article X of the
29 Illinois Public Aid Code.
30 (9) Actions brought pursuant to Sections 7.1
31 through 7.305 of the Attorney General Act.
32 (b) Notwithstanding the provisions of subsection (a) of
33 this Section, if the custodial parent is not a participant in
34 the IV-D program and maintenance is in issue, the case shall
-209- LRB9206548DJgc
1 be presented directly to the court.
2 (c) Except as provided in subsection (b), the Plan may
3 provide that the System be available in pre-judgment
4 proceedings for dissolution of marriage, declaration of
5 invalidity of marriage and legal separation.
6 (Source: P.A. 86-1401.)
7 (750 ILCS 25/6) (from Ch. 40, par. 2706)
8 Sec. 6. Authority of hearing officers.
9 (a) With the exception of judicial functions exclusively
10 retained by the court in Section 8 of this Act and in
11 accordance with Supreme Court rules promulgated pursuant to
12 this Act, Administrative Hearing Officers shall be authorized
13 to:
14 (1) Accept voluntary agreements reached by the
15 parties setting the amount of child support to be paid
16 and medical support liability and recommend the entry of
17 orders incorporating such agreements.
18 (2) Accept voluntary acknowledgments of parentage
19 and recommend entry of an order establishing parentage
20 based on such acknowledgement. Prior to accepting such
21 acknowledgment, the Administrative Hearing Officer shall
22 advise the putative father of his rights and obligations
23 in accordance with Supreme Court rules promulgated
24 pursuant to this Act.
25 (3) Manage all stages of discovery, including
26 setting deadlines by which discovery must be completed;
27 and directing the parties to submit to appropriate tests
28 pursuant to Section 11 of the Illinois Parentage Act of
29 1984.
30 (4) Cause notices to be issued requiring the
31 Obligor to appear either before the Administrative
32 Hearing Officer or in court.
33 (5) Administer the oath or affirmation and take
-210- LRB9206548DJgc
1 testimony under oath or affirmation.
2 (6) Analyze the evidence and prepare written
3 recommendations based on such evidence, including but not
4 limited to: (i) proposed findings as to the amount of the
5 Obligor's income; (ii) proposed findings as to the amount
6 and nature of appropriate deductions from the Obligor's
7 income to determine the Obligor's net income; (iii)
8 proposed findings as to the existence of relevant factors
9 as set forth in subsection (a)(2) of Section 505 of the
10 Illinois Marriage and Dissolution of Marriage Act, which
11 justify setting child support payment levels above or
12 below the guidelines; (iv) recommended orders for
13 temporary child support; (v) recommended orders setting
14 the amount of current child support to be paid; (vi)
15 proposed findings as to the existence and amount of any
16 arrearages; (vii) recommended orders reducing any
17 arrearages to judgement and for the payment of amounts
18 towards such arrearages; (viii) proposed findings as to
19 whether there has been a substantial change of
20 circumstances since the entry of the last child support
21 order, or other circumstances justifying a modification
22 of the child support order; and (ix) proposed findings as
23 to whether the Obligor is employed.
24 (7) With respect to any unemployed Obligor who is
25 not making child support payments or is otherwise unable
26 to provide support, recommend that the Obligor be ordered
27 to seek employment and report periodically of his or her
28 efforts in accordance with such order. Additionally, the
29 Administrative Hearing Officer may recommend that the
30 Obligor be ordered to report to the Department of
31 Employment Security for job search services or to make
32 application with the local Job Jobs Training Partnership
33 Act provider for participation in job search, training or
34 work programs and, where the duty of support is owed to a
-211- LRB9206548DJgc
1 child receiving support services under Article X of the
2 Illinois Public Aid Code or Sections 7.1 through 7.305 of
3 the Attorney General Act, the Administrative Hearing
4 Officer may recommend that the Obligor be ordered to
5 report to the Illinois Department of Human Services
6 Public Aid for participation in the job search, training
7 or work programs established under Section 9-6 and
8 Article IXA of the Illinois Public Aid Code.; and
9 (8) Recommend the registration of any foreign
10 support judgments or orders as the judgments or orders of
11 Illinois.
12 (b) In any case in which the Obligee is not
13 participating in the IV-D program or has not applied to
14 participate in the IV-D program, the Administrative Hearing
15 Officer shall:
16 (1) inform the Obligee of the existence of the IV-D
17 program and provide applications on request; and
18 (2) inform the Obligee and the Obligor of the
19 option of requesting payment to be made through the Clerk
20 of the Circuit Court.
21 If a request for payment through the Clerk is made, the
22 Administrative Hearing Officer shall note this fact in the
23 recommendations to the court.
24 (c) The Administrative Hearing Officer may make
25 recommendations in addition to the proposed findings of fact
26 and recommended order to which the parties have agreed.
27 (Source: P.A. 86-1401; revised 2-23-00.)
28 Section 72. The Income Withholding for Support Act is
29 amended by changing Sections 15, 35, and 45 as follows:
30 (750 ILCS 28/15)
31 Sec. 15. Definitions.
32 (a) "Order for support" means any order of the court
-212- LRB9206548DJgc
1 which provides for periodic payment of funds for the support
2 of a child or maintenance of a spouse, whether temporary or
3 final, and includes any such order which provides for:
4 (1) modification or resumption of, or payment of
5 arrearage accrued under, a previously existing order;
6 (2) reimbursement of support;
7 (3) payment or reimbursement of the expenses of
8 pregnancy and delivery (for orders for support entered
9 under the Illinois Parentage Act of 1984 or its
10 predecessor the Paternity Act); or
11 (4) enrollment in a health insurance plan that is
12 available to the obligor through an employer or labor
13 union or trade union.
14 (b) "Arrearage" means the total amount of unpaid support
15 obligations as determined by the court and incorporated into
16 an order for support.
17 (b-5) "Business day" means a day on which State offices
18 are open for regular business.
19 (c) "Delinquency" means any payment under an order for
20 support which becomes due and remains unpaid after entry of
21 the order for support.
22 (d) "Income" means any form of periodic payment to an
23 individual, regardless of source, including, but not limited
24 to: wages, salary, commission, compensation as an independent
25 contractor, workers' compensation, disability, annuity,
26 pension, and retirement benefits, lottery prize awards,
27 insurance proceeds, vacation pay, bonuses, profit-sharing
28 payments, interest, and any other payments, made by any
29 person, private entity, federal or state government, any unit
30 of local government, school district or any entity created by
31 Public Act; however, "income" excludes:
32 (1) any amounts required by law to be withheld,
33 other than creditor claims, including, but not limited
34 to, federal, State and local taxes, Social Security and
-213- LRB9206548DJgc
1 other retirement and disability contributions;
2 (2) union dues;
3 (3) any amounts exempted by the federal Consumer
4 Credit Protection Act;
5 (4) public assistance payments; and
6 (5) unemployment insurance benefits except as
7 provided by law.
8 Any other State or local laws which limit or exempt
9 income or the amount or percentage of income that can be
10 withheld shall not apply.
11 (e) "Obligor" means the individual who owes a duty to
12 make payments under an order for support.
13 (f) "Obligee" means the individual to whom a duty of
14 support is owed or the individual's legal representative.
15 (g) "Payor" means any payor of income to an obligor.
16 (h) "Public office" means any elected official or any
17 State or local agency which is or may become responsible by
18 law for enforcement of, or which is or may become authorized
19 to enforce, an order for support, including, but not limited
20 to: the Attorney General, the Illinois Department of Public
21 Aid, the Illinois Department of Human Services, the Illinois
22 Department of Children and Family Services, and the various
23 State's Attorneys, Clerks of the Circuit Court and
24 supervisors of general assistance.
25 (i) "Premium" means the dollar amount for which the
26 obligor is liable to his employer or labor union or trade
27 union and which must be paid to enroll or maintain a child in
28 a health insurance plan that is available to the obligor
29 through an employer or labor union or trade union.
30 (j) "State Disbursement Unit" means the unit established
31 to collect and disburse support payments in accordance with
32 the provisions of Section 7.295 10-26 of the Attorney General
33 Act Illinois Public Aid Code.
34 (Source: P.A. 90-673, eff. 1-1-99; incorporates P.A. 90-790,
-214- LRB9206548DJgc
1 eff. 8-14-98; 91-212, eff. 7-20-99; 91-357, eff. 7-29-99.)
2 (750 ILCS 28/35)
3 Sec. 35. Duties of payor.
4 (a) 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 Section. The payor shall
7 deduct the amount designated in the income withholding
8 notice, as supplemented by any notice provided pursuant to
9 subsection (f) of Section 45, 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 State Disbursement Unit
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 State Disbursement Unit 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 State Disbursement Unit 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 State Disbursement
29 Unit 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, along with any amount required to be
33 withheld and paid, may be collected in a civil action which
-215- LRB9206548DJgc
1 may be brought against the payor in favor of the obligee or
2 public office. A finding of a payor's nonperformance within
3 the time required under this Act must be documented by a
4 certified mail return receipt showing the date the income
5 withholding notice was served on the payor. For purposes of
6 this Act, a withheld amount shall be considered paid by a
7 payor on the date it is mailed by the payor, or on the date
8 an electronic funds transfer of the amount has been initiated
9 by the payor, or on the date delivery of the amount has been
10 initiated by the payor. For each deduction, the payor shall
11 provide the State Disbursement Unit, at the time of
12 transmittal, with the date the amount would (but for the duty
13 to withhold income) have been paid or credited to the
14 obligor. The payor shall not be required to vary the normal
15 pay and disbursement cycles in order to comply with this
16 paragraph.
17 After June 30, 2000, every payor that has 250 or more
18 employees shall use electronic funds transfer to pay all
19 amounts withheld under this Section. During the year 2001
20 and during each year thereafter, every payor that has fewer
21 than 250 employees and that withheld income under this
22 Section pursuant to 10 or more income withholding notices
23 during December of the preceding year shall use electronic
24 funds transfer to pay all amounts withheld under this
25 Section.
26 Upon receipt of an income withholding notice requiring
27 that a minor child be named as a beneficiary of a health
28 insurance plan available through an employer or labor union
29 or trade union, the employer or labor union or trade union
30 shall immediately enroll the minor child as a beneficiary in
31 the health insurance plan designated by the income
32 withholding notice. The employer shall withhold any required
33 premiums and pay over any amounts so withheld and any
34 additional amounts the employer pays to the insurance carrier
-216- LRB9206548DJgc
1 in a timely manner. The employer or labor union or trade
2 union shall mail to the obligee, within 15 days of enrollment
3 or upon request, notice of the date of coverage, information
4 on the dependent coverage plan, and all forms necessary to
5 obtain reimbursement for covered health expenses, such as
6 would be made available to a new employee. When an order for
7 dependent coverage is in effect and the insurance coverage is
8 terminated or changed for any reason, the employer or labor
9 union or trade union shall notify the obligee within 10 days
10 of the termination or change date along with notice of
11 conversion privileges.
12 For withholding of income, the payor shall be entitled to
13 receive a fee not to exceed $5 per month to be taken from the
14 income to be paid to the obligor.
15 (b) Whenever the obligor is no longer receiving income
16 from the payor, the payor shall return a copy of the income
17 withholding notice to the obligee or public office and shall
18 provide information for the purpose of enforcing this Act.
19 (c) Withholding of income under this Act shall be made
20 without regard to any prior or subsequent garnishments,
21 attachments, wage assignments, or any other claims of
22 creditors. Withholding of income under this Act shall not be
23 in excess of the maximum amounts permitted under the federal
24 Consumer Credit Protection Act. If the payor has been served
25 with more than one income withholding notice pertaining to
26 the same obligor, the payor shall allocate income available
27 for withholding on a proportionate share basis, giving
28 priority to current support payments. If there is any income
29 available for withholding after withholding for all current
30 support obligations, the payor shall allocate the income to
31 past due support payments ordered in cases in which cash
32 assistance under the Illinois Public Aid Code is not being
33 provided to the obligee and then to past due support payments
34 ordered in cases in which cash assistance under the Illinois
-217- LRB9206548DJgc
1 Public Aid Code is being provided to the obligee, both on a
2 proportionate share basis. A payor who complies with an
3 income withholding notice that is regular on its face shall
4 not be subject to civil liability with respect to any
5 individual, any agency, or any creditor of the obligor for
6 conduct in compliance with the notice.
7 (d) No payor shall discharge, discipline, refuse to hire
8 or otherwise penalize any obligor because of the duty to
9 withhold income.
10 (Source: P.A. 90-673, eff. 1-1-99; 91-212, eff. 7-20-99;
11 91-677, eff. 1-5-00.)
12 (750 ILCS 28/45)
13 Sec. 45. Additional duties.
14 (a) An obligee who is receiving income withholding
15 payments under this Act shall notify the State Disbursement
16 Unit and the Clerk of the Circuit Court of any change of
17 address within 7 days of such change.
18 (b) An obligee who is a recipient of public aid shall
19 send a copy of any income withholding notice served by the
20 obligee to the Attorney General Division of Child Support
21 Enforcement of the Illinois Department of Public Aid.
22 (c) Each obligor shall notify the obligee, the public
23 office, and the Clerk of the Circuit Court of any change of
24 address within 7 days.
25 (d) An obligor whose income is being withheld pursuant
26 to this Act shall notify the obligee, the public office, and
27 the Clerk of the Circuit Court of any new payor, within 7
28 days.
29 (e) (Blank.)
30 (f) The obligee or public office shall provide notice to
31 the payor and Clerk of the Circuit Court of any other support
32 payment made, including but not limited to, a set-off under
33 federal and State law or partial payment of the delinquency
-218- LRB9206548DJgc
1 or arrearage, or both.
2 (g) The State Disbursement Unit shall maintain complete,
3 accurate, and clear records of all income withholding
4 payments and their disbursements. Certified copies of
5 payment records maintained by the State Disbursement Unit, a
6 public office, or the Clerk of the Circuit Court shall,
7 without further proof, be admitted into evidence in any legal
8 proceedings under this Act.
9 (h) The Illinois Department of Public Aid (before the
10 effective date of this amendatory Act of the 92nd General
11 Assembly) or the Attorney General (on and after that date)
12 shall design suggested legal forms for proceeding under this
13 Act and 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 (i) At the time of transmitting each support payment,
18 the State Disbursement Unit 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 (Source: P.A. 90-673, eff. 1-1-99; incorporates P.A. 90-790,
24 eff. 8-14-98; 91-212, eff. 7-20-99; 91-357, eff. 7-29-99.)
25 Section 75. The Illinois Parentage Act of 1984 is
26 amended by changing Sections 4.1, 5, 6, 8, 11, 13, 13.1, 14,
27 14.1, 15.1, 18, 21, 21.1, 22, and 23 as follows:
28 (750 ILCS 45/4.1)
29 Sec. 4.1. Administrative paternity determinations.
30 Notwithstanding any other provision of this Act, before the
31 effective date of this amendatory Act of the 92nd General
32 Assembly, the Illinois Department of Public Aid may make
-219- LRB9206548DJgc
1 administrative determinations of paternity and nonpaternity
2 in accordance with Section 10-17.7 of the Illinois Public Aid
3 Code. On and after that date, the Attorney General may make
4 those determinations in accordance with Section 7.210 of the
5 Attorney General Act. These determinations of paternity or
6 nonpaternity shall have the full force and effect of
7 judgments entered under this Act.
8 (Source: P.A. 88-687, eff. 1-24-95.)
9 (750 ILCS 45/5) (from Ch. 40, par. 2505)
10 Sec. 5. Presumption of Paternity.
11 (a) A man is presumed to be the natural father of a
12 child if:
13 (1) he and the child's natural mother are or have
14 been married to each other, even though the marriage is
15 or could be declared invalid, and the child is born or
16 conceived during such marriage;
17 (2) after the child's birth, he and the child's
18 natural mother have married each other, even though the
19 marriage is or could be declared invalid, and he is
20 named, with his written consent, as the child's father on
21 the child's birth certificate;
22 (3) he and the child's natural mother have signed
23 an acknowledgment of paternity before the effective date
24 of this amendatory Act of the 92nd General Assembly in
25 accordance with rules adopted by the Illinois Department
26 of Public Aid under Section 10-17.7 of the Illinois
27 Public Aid Code or have signed such an acknowledgment on
28 or after that date in accordance with rules adopted by
29 the Attorney General under Section 7.210 of the Attorney
30 General Act; or
31 (4) he and the child's natural mother have signed
32 an acknowledgment of parentage or, if the natural father
33 is someone other than one presumed to be the father under
-220- LRB9206548DJgc
1 this Section, an acknowledgment of parentage and denial
2 of paternity in accordance with Section 12 of the Vital
3 Records Act.
4 (b) A presumption under subdivision (a)(1) or (a)(2) of
5 this Section may be rebutted only by clear and convincing
6 evidence. A presumption under subdivision (a)(3) or (a)(4)
7 is conclusive, unless the acknowledgment of parentage is
8 rescinded under the process provided in Section 12 of the
9 Vital Records Act, upon the earlier of:
10 (1) 60 days after the date the acknowledgment of
11 parentage is signed, or
12 (2) the date of an administrative or judicial
13 proceeding relating to the child (including a proceeding
14 to establish a support order) in which the signatory is a
15 party;
16 except that if a minor has signed the acknowledgment of
17 paternity or acknowledgment of parentage and denial of
18 paternity, the presumption becomes conclusive 6 months after
19 the minor reaches majority or is otherwise emancipated.
20 (Source: P.A. 89-641, eff. 8-9-96; 90-18, eff. 7-1-97.)
21 (750 ILCS 45/6) (from Ch. 40, par. 2506)
22 Sec. 6. Establishment of Parent and Child Relationship
23 by Consent of the Parties.
24 (a) A parent and child relationship may be established
25 voluntarily by the signing and witnessing of a voluntary
26 acknowledgment of parentage in accordance with Section 12 of
27 the Vital Records Act or Section 10-17.7 of the Illinois
28 Public Aid Code or Section 7.210 of the Attorney General Act.
29 The voluntary acknowledgment of parentage shall contain the
30 social security numbers of the persons signing the voluntary
31 acknowledgment of parentage; however, failure to include the
32 social security numbers of the persons signing a voluntary
33 acknowledgment of parentage does not invalidate the voluntary
-221- LRB9206548DJgc
1 acknowledgment of parentage.
2 (1) A parent-child relationship may be established
3 in the event of surrogacy if all of the following
4 conditions are met prior to the birth of the child:
5 (A) The surrogate mother certifies that she is
6 not the biological mother of the child, and that she
7 is carrying the child of the biological father
8 (sperm donor) and of the biological mother (egg
9 donor).
10 (B) The husband, if any, of the surrogate
11 mother certifies that he is not the biological
12 father of the child and that the child is that of
13 the biological father (sperm donor) and of the
14 biological mother (egg donor).
15 (C) The biological mother certifies that she
16 donated the egg from which the child being carried
17 by the surrogate mother was conceived.
18 (D) The biological father certifies that he
19 donated the sperm from which the child being carried
20 by the surrogate mother was conceived.
21 (E) A physician licensed to practice medicine
22 in all its branches in the State of Illinois
23 certifies that the child being carried by the
24 surrogate mother is the biological child of the
25 biological mother (egg donor) and biological father
26 (sperm donor), and that neither the surrogate mother
27 nor the surrogate mother's husband, if any, is a
28 biological parent of the child being carried by the
29 surrogate mother.
30 (F) All certifications shall be in writing and
31 witnessed by 2 competent adults who are not the
32 surrogate mother, surrogate mother's husband, if
33 any, biological mother, or biological father.
34 Certifications shall be on forms prescribed by the
-222- LRB9206548DJgc
1 Illinois Department of Public Health, shall be
2 executed prior to the birth of the child, and shall
3 be placed in the medical records of the surrogate
4 mother prior to the birth of the child. Copies of
5 all certifications shall be delivered to the
6 Illinois Department of Public Health prior to the
7 birth of the child.
8 (2) Unless otherwise determined by order of the
9 Circuit Court, the child shall be presumed to be the
10 child of the surrogate mother and of the surrogate
11 mother's husband, if any, if all requirements of
12 subdivision (a)(1) are not met prior to the birth of the
13 child. This presumption may be rebutted by clear and
14 convincing evidence. The circuit court may order the
15 surrogate mother, surrogate mother's husband, biological
16 mother, biological father, and child to submit to such
17 medical examinations and testing as the court deems
18 appropriate.
19 (b) Notwithstanding any other provisions of this Act,
20 paternity established in accordance with subsection (a) has
21 the full force and effect of a judgment entered under this
22 Act and serves as a basis for seeking a child support order
23 without any further proceedings to establish paternity.
24 (c) A judicial or administrative proceeding to ratify
25 paternity established in accordance with subsection (a) is
26 neither required nor permitted.
27 (d) A signed acknowledgment of paternity entered under
28 this Act may be challenged in court only on the basis of
29 fraud, duress, or material mistake of fact, with the burden
30 of proof upon the challenging party. Pending outcome of the
31 challenge to the acknowledgment of paternity, the legal
32 responsibilities of the signatories shall remain in full
33 force and effect, except upon order of the court upon a
34 showing of good cause.
-223- LRB9206548DJgc
1 (e) Once a parent and child relationship is established
2 in accordance with subsection (a), an order for support may
3 be established pursuant to a petition to establish an order
4 for support by consent filed with the clerk of the circuit
5 court. A copy of the properly completed acknowledgment of
6 parentage form shall be attached to the petition. The
7 petition shall ask that the circuit court enter an order for
8 support. The petition may ask that an order for visitation,
9 custody, or guardianship be entered. The filing and
10 appearance fees provided under the Clerks of Courts Act shall
11 be waived for all cases in which an acknowledgment of
12 parentage form has been properly completed by the parties and
13 in which a petition to establish an order for support by
14 consent has been filed with the clerk of the circuit court.
15 This subsection shall not be construed to prohibit filing any
16 petition for child support, visitation, or custody under this
17 Act, the Illinois Marriage and Dissolution of Marriage Act,
18 or the Non-Support Punishment Act. This subsection shall
19 also not be construed to prevent the establishment of an
20 administrative support order in cases involving persons
21 receiving child support enforcement services under Article X
22 of the Illinois Public Aid Code or under Sections 7.1 through
23 7.305 of the Attorney General Act.
24 (Source: P.A. 90-18, eff. 7-1-97; 91-308, eff. 7-29-99;
25 91-613, eff. 10-1-99; revised 9-28-99.)
26 (750 ILCS 45/8) (from Ch. 40, par. 2508)
27 Sec. 8. Statute of limitations.
28 (a) (1) An action brought by or on behalf of a child, an
29 action brought by a party alleging that he or she is the
30 child's natural parent, or an action brought by the
31 Illinois Department of Public Aid, if it is providing or
32 has provided financial support to the child or if it is
33 assisting with child support collection services, shall
-224- LRB9206548DJgc
1 be barred if brought later than 2 years after the child
2 reaches the age of majority; however, if the action on
3 behalf of the child is brought by a public agency, other
4 than the Illinois Department of Public Aid if it is
5 providing or has provided financial support to the child
6 or if it is assisting with child support collection
7 services, it shall be barred 2 years after the agency has
8 ceased to provide assistance to the child. This Section
9 also applies to any child for whom paternity has not yet
10 been established and any child for whom a paternity
11 action was previously dismissed under a statute of
12 limitations.
13 (2) Failure to bring an action within 2 years shall
14 not bar any party from asserting a defense in any action
15 to declare the non-existence of the parent and child
16 relationship.
17 (3) An action to declare the non-existence of the
18 parent and child relationship brought under subsection
19 (b) of Section 7 of this Act shall be barred if brought
20 later than 2 years after the petitioner obtains knowledge
21 of relevant facts. The 2-year period for bringing an
22 action to declare the nonexistence of the parent and
23 child relationship shall not extend beyond the date on
24 which the child reaches the age of 18 years. Failure to
25 bring an action within 2 years shall not bar any party
26 from asserting a defense in any action to declare the
27 existence of the parent and child relationship.
28 (4) An action to declare the non-existence of the
29 parent and child relationship brought under subsection
30 (b-5) of Section 7 of this Act shall be barred if brought
31 more than 6 months after the effective date of this
32 amendatory Act of 1998 or more than 2 years after the
33 petitioner obtains actual knowledge of relevant facts,
34 whichever is later. The 2-year period shall not apply to
-225- LRB9206548DJgc
1 periods of time where the natural mother or the child
2 refuses to submit to deoxyribonucleic acid (DNA) tests.
3 The 2-year period for bringing an action to declare the
4 nonexistence of the parent and child relationship shall
5 not extend beyond the date on which the child reaches the
6 age of 18 years. Failure to bring an action within 2
7 years shall not bar any party from asserting a defense in
8 any action to declare the existence of the parent and
9 child relationship.
10 (b) The time during which any party is not subject to
11 service of process or is otherwise not subject to the
12 jurisdiction of the courts of this State shall toll the
13 aforementioned periods.
14 (c) This Act does not affect the time within which any
15 rights under the Probate Act of 1975 may be asserted beyond
16 the time provided by law relating to distribution and closing
17 of decedent's estates or to the determination of heirship, or
18 otherwise.
19 (Source: P.A. 89-674, eff. 8-14-96; 90-18, eff. 7-1-97;
20 90-715, eff. 8-7-98.)
21 (750 ILCS 45/11) (from Ch. 40, par. 2511)
22 Sec. 11. Tests to determine inherited characteristics.
23 (a) As soon as practicable, the court or Administrative
24 Hearing Officer in an Expedited Child Support System may, and
25 upon request of a party shall, order or direct the mother,
26 child and alleged father to submit to deoxyribonucleic acid
27 (DNA) tests to determine inherited characteristics. If any
28 party refuses to submit to the tests, the court may resolve
29 the question of paternity against that party or enforce its
30 order if the rights of others and the interests of justice so
31 require.
32 (b) The tests shall be conducted by an expert qualified
33 as an examiner of blood or tissue types and appointed by the
-226- LRB9206548DJgc
1 court. The expert shall determine the testing procedures.
2 However, any interested party, for good cause shown, in
3 advance of the scheduled tests, may request a hearing to
4 object to the qualifications of the expert or the testing
5 procedures. The expert appointed by the court shall testify
6 at the pre-test hearing at the expense of the party
7 requesting the hearing, except as provided in subsection (h)
8 of this Section for an indigent party. An expert not
9 appointed by the court shall testify at the pre-test hearing
10 at the expense of the party retaining the expert. Inquiry
11 into an expert's qualifications at the pre-test hearing shall
12 not affect either parties' right to have the expert qualified
13 at trial.
14 For tests conducted at the request of the Attorney
15 General, the Attorney General shall identify and use
16 laboratories that perform, at a reasonable cost, legally and
17 medically acceptable genetic tests that tend to identify the
18 father or exclude the alleged father. The Attorney General
19 shall employ competitive procedures for identifying and using
20 the laboratories. The Attorney General shall make the list of
21 those laboratories available to court and law enforcement
22 officials and, upon request, to the public.
23 (c) The expert shall prepare a written report of the
24 test results. If the test results show that the alleged
25 father is not excluded, the report shall contain a combined
26 paternity index relating to the probability of paternity.
27 The expert may be called by the court as a witness to testify
28 to his or her findings and, if called, shall be subject to
29 cross-examination by the parties. If the test results show
30 that the alleged father is not excluded, any party may
31 demand that other experts, qualified as examiners of blood or
32 tissue types, perform independent tests under order of court,
33 including, but not limited to, blood types or other tests of
34 genetic markers such as those found by Human Leucocyte
-227- LRB9206548DJgc
1 Antigen (HLA) tests. The results of the tests may be offered
2 into evidence. The number and qualifications of the experts
3 shall be determined by the court.
4 (d) Documentation of the chain of custody of the blood
5 or tissue samples, accompanied by an affidavit or
6 certification in accordance with Section 1-109 of the Code of
7 Civil Procedure, is competent evidence to establish the chain
8 of custody.
9 (e) The report of the test results prepared by the
10 appointed expert shall be made by affidavit or by
11 certification as provided in Section 1-109 of the Code of
12 Civil Procedure and shall be mailed to all parties. A proof
13 of service shall be filed with the court. The verified
14 report shall be admitted into evidence at trial without
15 foundation testimony or other proof of authenticity or
16 accuracy, unless a written motion challenging the
17 admissibility of the report is filed by either party within
18 28 days of receipt of the report, in which case expert
19 testimony shall be required. A party may not file such a
20 motion challenging the admissibility of the report later than
21 28 days before commencement of trial. Before trial, the court
22 shall determine whether the motion is sufficient to deny
23 admission of the report by verification. Failure to make
24 that timely motion constitutes a waiver of the right to
25 object to admission by verification and shall not be grounds
26 for a continuance of the hearing to determine paternity.
27 (f) Tests taken pursuant to this Section shall have the
28 following effect:
29 (1) If the court finds that the conclusion of the
30 expert or experts, as disclosed by the evidence based
31 upon the tests, is that the alleged father is not the
32 parent of the child, the question of paternity shall be
33 resolved accordingly.
34 (2) If the experts disagree in their findings or
-228- LRB9206548DJgc
1 conclusions, the question shall be weighed with other
2 competent evidence of paternity.
3 (3) If the tests show that the alleged father is
4 not excluded and that the combined paternity index is
5 less than 500 to 1, this evidence shall be admitted by
6 the court and shall be weighed with other competent
7 evidence of paternity.
8 (4) If the tests show that the alleged father is
9 not excluded and that the combined paternity index is at
10 least 500 to 1, the alleged father is presumed to be the
11 father, and this evidence shall be admitted. This
12 presumption may be rebutted by clear and convincing
13 evidence.
14 (g) Any presumption of parentage as set forth in Section
15 5 of this Act is rebutted if the court finds that the
16 conclusion of the expert or experts excludes paternity of the
17 presumed father.
18 (h) The expense of the tests shall be paid by the party
19 who requests the tests. Where the tests are requested by the
20 party seeking to establish paternity and that party is found
21 to be indigent by the court, the expense shall be paid by the
22 public agency providing representation; except that where a
23 public agency is not providing representation, the expense
24 shall be paid by the county in which the action is brought.
25 Where the tests are ordered by the court on its own motion or
26 are requested by the alleged or presumed father and that
27 father is found to be indigent by the court, the expense
28 shall be paid by the county in which the action is brought.
29 Any part of the expense may be taxed as costs in the action,
30 except that no costs may be taxed against a public agency
31 that has not requested the tests.
32 (i) The compensation of each expert witness appointed by
33 the court shall be paid as provided in subsection (h) of this
34 Section. Any part of the payment may be taxed as costs in
-229- LRB9206548DJgc
1 the action, except that no costs may be taxed against a
2 public agency that has not requested the services of the
3 expert witness.
4 (j) Nothing in this Section shall prevent any party from
5 obtaining tests of his or her own blood or tissue independent
6 of those ordered by the court or from presenting expert
7 testimony interpreting those tests or any other blood tests
8 ordered pursuant to this Section. Reports of all the
9 independent tests, accompanied by affidavit or certification
10 pursuant to Section 1-109 of the Code of Civil Procedure, and
11 notice of any expert witnesses to be called to testify to the
12 results of those tests shall be submitted to all parties at
13 least 30 days before any hearing set to determine the issue
14 of parentage.
15 (Source: P.A. 87-428; 87-435; 88-353; 88-687, eff. 1-24-95.)
16 (750 ILCS 45/13) (from Ch. 40, par. 2513)
17 Sec. 13. Civil Action.
18 (a) An action under this Act is a civil action governed
19 by the provisions of the "Code of Civil Procedure", approved
20 August 19, 1981, as amended, and the Supreme Court rules
21 applicable thereto, except where otherwise specified in this
22 Act.
23 (b) Trial by jury is not available under this Act.
24 (c) Certified copies of the bills for costs incurred for
25 pregnancy, and childbirth, and genetic testing shall be
26 admitted into evidence at judicial or administrative
27 proceedings without requiring third-party foundation
28 testimony and shall constitute prima facie evidence of
29 amounts incurred for those services or for testing on behalf
30 of the child or other proof of authenticity or accuracy.
31 (Source: P.A. 90-18, eff. 7-1-97.)
32 (750 ILCS 45/13.1)
-230- LRB9206548DJgc
1 Sec. 13.1. Temporary order for child support.
2 Notwithstanding any other law to the contrary, pending the
3 outcome of a judicial determination of parentage, the court
4 shall issue a temporary order for child support, upon motion
5 by a party and a showing of clear and convincing evidence of
6 paternity based on genetic test results or other evidence.
7 In determining the amount of the temporary child support
8 award, the court shall use the guidelines and standards set
9 forth in subsection (a) of Section 505 and in Section 505.2
10 of the Illinois Marriage and Dissolution of Marriage Act.
11 Any new or existing support order entered by the court
12 under this Section shall be deemed to be a series of
13 judgments against the person obligated to pay support
14 thereunder, each such judgment to be in the amount of each
15 payment or installment of support and each judgment to be
16 deemed entered as of the date the corresponding payment or
17 installment becomes due under the terms of the support order.
18 Each such judgment shall have the full force, effect, and
19 attributes of any other judgment of this State, including the
20 ability to be enforced. Any such judgment is subject to
21 modification or termination only in accordance with Section
22 510 of the Illinois Marriage and Dissolution of Marriage Act.
23 A lien arises by operation of law against the real and
24 personal property of the noncustodial parent for each
25 installment of overdue support owed by the noncustodial
26 parent.
27 All orders for support, when entered or modified, shall
28 include a provision requiring the non-custodial parent to
29 notify the court, and in cases in which a party is receiving
30 child and spouse support services under Article X of the
31 Illinois Public Aid Code or under Sections 7.1 through 7.305
32 of the Attorney General Act, the Illinois Department of
33 Public Aid (before the effective date of this amendatory Act
34 of the 92nd General Assembly) or the Attorney General (on and
-231- LRB9206548DJgc
1 after that date), within 7 days, (i) of the name, address,
2 and telephone number of any new employer of the non-custodial
3 parent, (ii) whether the non-custodial parent has access to
4 health insurance coverage through the employer or other group
5 coverage, and, if so, the policy name and number and the
6 names of persons covered under the policy, and (iii) of any
7 new residential or mailing address or telephone number of the
8 non-custodial parent.
9 In any subsequent action to enforce a support order, upon
10 sufficient showing that diligent effort has been made to
11 ascertain the location of the non-custodial parent, service
12 of process or provision of notice necessary in that action
13 may be made at the last known address of the non-custodial
14 parent, in any manner expressly provided by the Code of Civil
15 Procedure or in this Act, which service shall be sufficient
16 for purposes of due process.
17 An order for support shall include a date on which the
18 current support obligation terminates. The termination date
19 shall be no earlier than the date on which the child covered
20 by the order will attain the age of majority or is otherwise
21 emancipated. The order for support shall state that the
22 termination date does not apply to any arrearage that may
23 remain unpaid on that date. Nothing in this paragraph shall
24 be construed to prevent the court from modifying the order.
25 (Source: P.A. 90-18, eff. 7-1-97.)
26 (750 ILCS 45/14) (from Ch. 40, par. 2514)
27 Sec. 14. Judgment.
28 (a) (1) The judgment shall contain or explicitly reserve
29 provisions concerning any duty and amount of child support
30 and may contain provisions concerning the custody and
31 guardianship of the child, visitation privileges with the
32 child, the furnishing of bond or other security for the
33 payment of the judgment, which the court shall determine in
-232- LRB9206548DJgc
1 accordance with the relevant factors set forth in the
2 Illinois Marriage and Dissolution of Marriage Act and any
3 other applicable law of Illinois, to guide the court in a
4 finding in the best interests of the child. In determining
5 custody, joint custody, or visitation, the court shall apply
6 the relevant standards of the Illinois Marriage and
7 Dissolution of Marriage Act. Specifically, in determining the
8 amount of any child support award, the court shall use the
9 guidelines and standards set forth in subsection (a) of
10 Section 505 and in Section 505.2 of the Illinois Marriage and
11 Dissolution of Marriage Act. For purposes of Section 505 of
12 the Illinois Marriage and Dissolution of Marriage Act, "net
13 income" of the non-custodial parent shall include any
14 benefits available to that person under the Illinois Public
15 Aid Code or from other federal, State or local
16 government-funded programs. The court shall, in any event
17 and regardless of the amount of the non-custodial parent's
18 net income, in its judgment order the non-custodial parent to
19 pay child support to the custodial parent in a minimum amount
20 of not less than $10 per month. In an action brought within 2
21 years after a child's birth, the judgment or order may direct
22 either parent to pay the reasonable expenses incurred by
23 either parent related to the mother's pregnancy and the
24 delivery of the child. The judgment or order shall contain
25 the father's social security number, which the father shall
26 disclose to the court; however, failure to include the
27 father's social security number on the judgment or order does
28 not invalidate the judgment or order.
29 (2) If a judgment of parentage contains no explicit
30 award of custody, the establishment of a support obligation
31 or of visitation rights in one parent shall be considered a
32 judgment granting custody to the other parent. If the
33 parentage judgment contains no such provisions, custody shall
34 be presumed to be with the mother; however, the presumption
-233- LRB9206548DJgc
1 shall not apply if the father has had physical custody for at
2 least 6 months prior to the date that the mother seeks to
3 enforce custodial rights.
4 (b) The court shall order all child support payments,
5 determined in accordance with such guidelines, to commence
6 with the date summons is served. The level of current
7 periodic support payments shall not be reduced because of
8 payments set for the period prior to the date of entry of the
9 support order. The Court may order any child support
10 payments to be made for a period prior to the commencement of
11 the action. In determining whether and the extent to which
12 the payments shall be made for any prior period, the court
13 shall consider all relevant facts, including the factors for
14 determining the amount of support specified in the Illinois
15 Marriage and Dissolution of Marriage Act and other equitable
16 factors including but not limited to:
17 (1) The father's prior knowledge of the fact and
18 circumstances of the child's birth.
19 (2) The father's prior willingness or refusal to
20 help raise or support the child.
21 (3) The extent to which the mother or the public
22 agency bringing the action previously informed the father
23 of the child's needs or attempted to seek or require his
24 help in raising or supporting the child.
25 (4) The reasons the mother or the public agency did
26 not file the action earlier.
27 (5) The extent to which the father would be
28 prejudiced by the delay in bringing the action.
29 For purposes of determining the amount of child support
30 to be paid for any period before the date the order for
31 current child support is entered, there is a rebuttable
32 presumption that the father's net income for the prior period
33 was the same as his net income at the time the order for
34 current child support is entered.
-234- LRB9206548DJgc
1 If (i) the non-custodial parent was properly served with
2 a request for discovery of financial information relating to
3 the non-custodial parent's ability to provide child support,
4 (ii) the non-custodial parent failed to comply with the
5 request, despite having been ordered to do so by the court,
6 and (iii) the non-custodial parent is not present at the
7 hearing to determine support despite having received proper
8 notice, then any relevant financial information concerning
9 the non-custodial parent's ability to provide child support
10 that was obtained pursuant to subpoena and proper notice
11 shall be admitted into evidence without the need to establish
12 any further foundation for its admission.
13 (c) Any new or existing support order entered by the
14 court under this Section shall be deemed to be a series of
15 judgments against the person obligated to pay support
16 thereunder, each judgment to be in the amount of each payment
17 or installment of support and each such judgment to be deemed
18 entered as of the date the corresponding payment or
19 installment becomes due under the terms of the support order.
20 Each judgment shall have the full force, effect and
21 attributes of any other judgment of this State, including the
22 ability to be enforced. A lien arises by operation of law
23 against the real and personal property of the noncustodial
24 parent for each installment of overdue support owed by the
25 noncustodial parent.
26 (d) If the judgment or order of the court is at variance
27 with the child's birth certificate, the court shall order
28 that a new birth certificate be issued under the Vital
29 Records Act.
30 (e) On request of the mother and the father, the court
31 shall order a change in the child's name. After hearing
32 evidence the court may stay payment of support during the
33 period of the father's minority or period of disability.
34 (f) If, upon a showing of proper service, the father
-235- LRB9206548DJgc
1 fails to appear in court, or otherwise appear as provided by
2 law, the court may proceed to hear the cause upon testimony
3 of the mother or other parties taken in open court and shall
4 enter a judgment by default. The court may reserve any order
5 as to the amount of child support until the father has
6 received notice, by regular mail, of a hearing on the matter.
7 (g) A one-time charge of 20% is imposable upon the
8 amount of past-due child support owed on July 1, 1988 which
9 has accrued under a support order entered by the court. The
10 charge shall be imposed in accordance with the provisions of
11 Section 10-21 of the Illinois Public Aid Code and shall be
12 enforced by the court upon petition. On and after the
13 effective date of this amendatory Act of the 92nd General
14 Assembly, the Attorney General may collect, on behalf of the
15 Illinois Department of Public Aid, any charge imposed in
16 accordance with this subsection. Nothing in this amendatory
17 Act of the 92nd General Assembly shall be construed to affect
18 the validity of any charge imposed in accordance with this
19 subsection.
20 (h) All orders for support, when entered or modified,
21 shall include a provision requiring the non-custodial parent
22 to notify the court and, in cases in which party is receiving
23 child and spouse support services under Article X of the
24 Illinois Public Aid Code or under Sections 7.1 through 7.305
25 of the Attorney General Act, the Illinois Department of
26 Public Aid (before the effective date of this amendatory Act
27 of the 92nd General Assembly) or the Attorney General (on and
28 after that date), within 7 days, (i) of the name and address
29 of any new employer of the non-custodial parent, (ii) whether
30 the non-custodial parent has access to health insurance
31 coverage through the employer or other group coverage and, if
32 so, the policy name and number and the names of persons
33 covered under the policy, and (iii) of any new residential or
34 mailing address or telephone number of the non-custodial
-236- LRB9206548DJgc
1 parent. In any subsequent action to enforce a support order,
2 upon a sufficient showing that a diligent effort has been
3 made to ascertain the location of the non-custodial parent,
4 service of process or provision of notice necessary in the
5 case may be made at the last known address of the
6 non-custodial parent in any manner expressly provided by the
7 Code of Civil Procedure or this Act, which service shall be
8 sufficient for purposes of due process.
9 (i) An order for support shall include a date on which
10 the current support obligation terminates. The termination
11 date shall be no earlier than the date on which the child
12 covered by the order will attain the age of majority or is
13 otherwise emancipated. The order for support shall state
14 that the termination date does not apply to any arrearage
15 that may remain unpaid on that date. Nothing in this
16 subsection shall be construed to prevent the court from
17 modifying the order.
18 (j) An order entered under this Section shall include a
19 provision requiring the obligor to report to the obligee and
20 to the clerk of court within 10 days each time the obligor
21 obtains new employment, and each time the obligor's
22 employment is terminated for any reason. The report shall be
23 in writing and shall, in the case of new employment, include
24 the name and address of the new employer. Failure to report
25 new employment or the termination of current employment, if
26 coupled with nonpayment of support for a period in excess of
27 60 days, is indirect criminal contempt. For any obligor
28 arrested for failure to report new employment bond shall be
29 set in the amount of the child support that should have been
30 paid during the period of unreported employment. An order
31 entered under this Section shall also include a provision
32 requiring the obligor and obligee parents to advise each
33 other of a change in residence within 5 days of the change
34 except when the court finds that the physical, mental, or
-237- LRB9206548DJgc
1 emotional health of a party or that of a minor child, or
2 both, would be seriously endangered by disclosure of the
3 party's address.
4 (Source: P.A. 90-18, eff. 7-1-97; 90-539, eff. 6-1-98;
5 90-655, eff. 7-30-98; 91-767, eff. 6-9-00.)
6 (750 ILCS 45/14.1)
7 Sec. 14.1. Information to State Case Registry.
8 (a) When an order for support is entered or modified
9 under this Act, the clerk of the circuit court shall, within
10 5 business days, provide to the State Case Registry
11 established under Section 7.305 10-27 of the Attorney
12 General Act Illinois Public Aid Code the court docket number
13 and county in which the order is entered or modified
14 and the following information, which the parties shall
15 disclose to the court:
16 (1) The names of the custodial and non-custodial
17 parents and of the child or children covered by the
18 order.
19 (2) The dates of birth of the custodial and
20 non-custodial parents and of the child or children
21 covered by the order.
22 (3) The social security numbers of the custodial
23 and non-custodial parents and of the child or children
24 covered by the order.
25 (4) The residential and mailing addresses for the
26 custodial and non-custodial parents.
27 (5) The telephone numbers for the custodial and
28 non-custodial parents.
29 (6) The driver's license numbers for the custodial
30 and non-custodial parents.
31 (7) The name, address, and telephone number of each
32 parent's employer or employers.
33 (b) When a child support order is entered or modified
-238- LRB9206548DJgc
1 for a case in which a party is receiving child and spouse
2 support services under Article X of the Illinois Public Aid
3 Code or Sections 7.1 through 7.305 of the Attorney General
4 Act, the clerk shall provide the State Case Registry with the
5 following information:
6 (1) The information specified in subsection (a) of
7 this Section.
8 (2) The amount of monthly or other periodic support
9 owed under the order and other amounts, including
10 arrearages, interest, or late payment penalties and fees,
11 due or overdue under the order.
12 (3) Any amounts described in subdivision (2) of
13 this subsection (b) that have been received by the clerk.
14 (4) The distribution of the amounts received by the
15 clerk.
16 (c) The parties affected by the order shall inform the
17 clerk of court of any change of address or of other condition
18 that may affect the administration of the order.
19 (d) To the extent that updated information is in the
20 clerk's possession, the clerk shall provide updates of the
21 information specified in subsection (b) of this Section
22 within 5 business days after the Illinois Department of
23 Public Aid's or Attorney General's request for that updated
24 information.
25 (Source: P.A. 91-212, eff. 7-20-99.)
26 (750 ILCS 45/15.1) (from Ch. 40, par. 2515.1)
27 Sec. 15.1. (a) Whenever it is determined in a proceeding
28 to establish or enforce a child support obligation that the
29 person owing a duty of support is unemployed, the court may
30 order the person to seek employment and report periodically
31 to the court with a diary, listing or other memorandum of his
32 or her efforts in accordance with such order. Additionally,
33 the court may order the unemployed person to report to the
-239- LRB9206548DJgc
1 Department of Employment Security for job search services or
2 to make application with the local Job Training Partnership
3 Act provider for participation in job search, training or
4 work programs and where the duty of support is owed to a
5 child receiving support services under Article X of the
6 Illinois Public Aid Code or under Sections 7.1 through 7.305
7 of the Attorney General Act, as amended, the court may order
8 the unemployed person to report to the Illinois Department of
9 Human Services Public Aid for participation in job search,
10 training or work programs established under Section 9-6 and
11 Article IXA of the Illinois Public Aid that Code.
12 (b) Whenever it is determined that a person owes
13 past-due support for a child, and the child is receiving
14 assistance under the Illinois Public Aid Code, the court
15 shall order the following at the request of the Illinois
16 Department of Public Aid (before the effective date of this
17 amendatory Act of the 92nd General Assembly) or the Attorney
18 General (on and after that date):
19 (1) that the person pay the past-due support in
20 accordance with a plan approved by the court; or
21 (2) if the person owing past-due support is
22 unemployed, is subject to such a plan, and is not
23 incapacitated, that the person participate in such job
24 search, training, or work programs established under
25 Section 9-6 and Article IXA of the Illinois Public Aid
26 Code as the court deems appropriate.
27 (Source: P.A. 90-18, eff. 7-1-97; 91-357, eff. 7-29-99.)
28 (750 ILCS 45/18) (from Ch. 40, par. 2518)
29 Sec. 18. Right to Counsel; Free Transcript on Appeal.
30 (a) Any party may be represented by counsel at all
31 proceedings under this Act.
32 (a-5) In any proceedings involving the support, custody,
33 visitation, education, parentage, property interest, or
-240- LRB9206548DJgc
1 general welfare of a minor or dependent child, the court may,
2 on its own motion or that of any party, and subject to the
3 terms or specifications the court determines, appoint an
4 attorney to serve in one of the following capacities:
5 (1) as an attorney to represent the child;
6 (2) as a guardian ad litem to address issues the
7 court delineates;
8 (3) as a child's representative whose duty shall be
9 to advocate what the representative finds to be in the
10 best interests of the child after reviewing the facts and
11 circumstances of the case. The child's representative
12 shall have the same power and authority to take part in
13 the conduct of the litigation as does an attorney for a
14 party and shall possess all the powers of investigation
15 and recommendation as does a guardian ad litem. The
16 child's representative shall consider, but not be bound
17 by, the expressed wishes of the child. A child's
18 representative shall have received training in child
19 advocacy or shall possess such experience as determined
20 to be equivalent to such training by the chief judge of
21 the circuit where the child's representative has been
22 appointed. The child's representative shall not disclose
23 confidential communications made by the child, except as
24 required by law or by the Rules of Professional Conduct.
25 The child's representative shall not be called as a
26 witness regarding the issues set forth in this
27 subsection.
28 During the proceedings the court may appoint an
29 additional attorney to serve in another of the capacities
30 described in subdivisions (1), (2), or (3) of the preceding
31 paragraph on its own motion or that of a party only for good
32 cause shown and when the reasons for the additional
33 appointment are set forth in specific findings.
34 The court shall enter an order as appropriate for costs,
-241- LRB9206548DJgc
1 fees, and disbursements, including a retainer, when the
2 attorney, guardian ad litem, or child's representative is
3 appointed, and thereafter as necessary. Such orders shall
4 require payment by either or both parents, by any other party
5 or source, or from the marital estate or the child's separate
6 estate. The court may not order payment (i) by the Illinois
7 Department of Public Aid in cases in which the Department is
8 providing child and spouse support services under Article X
9 of the Illinois Public Aid Code or (ii) by the Attorney
10 General in cases in which the Attorney General is providing
11 child and spouse support services under Sections 7.1 through
12 7.305 of the Attorney General Act. Unless otherwise ordered
13 by the court at the time fees and costs are approved, all
14 fees and costs payable to an attorney, guardian ad litem, or
15 child's representative under this Section are by implication
16 deemed to be in the nature of support of the child and are
17 within the exceptions to discharge in bankruptcy under 11
18 U.S.C.A. 523. The provisions of Sections 501 and 508 of this
19 Act shall apply to fees and costs for attorneys appointed
20 under this Section.
21 (b) Upon the request of a mother or child seeking to
22 establish the existence of a father and child relationship,
23 the State's Attorney shall represent the mother or child in
24 the trial court. If the child is an applicant for or a
25 recipient of assistance as defined in Section 2-6 of "the
26 Illinois Public Aid Code", approved April 11, 1967, as
27 amended, or has applied to the Illinois Department of Public
28 Aid for services under Article X of such Code (before the
29 effective date of this amendatory Act of the 92nd General
30 Assembly) or to the Attorney General for services under
31 Sections 7.1 through 7.305 of the Attorney General Act (on or
32 after the effective date of this amendatory Act of the 92nd
33 General Assembly), the Department or the Attorney General may
34 file a complaint in the child's behalf under this Act. The
-242- LRB9206548DJgc
1 Department shall refer the complaint to the Public Aid Claims
2 Enforcement Division of the Office of the Attorney General as
3 provided in Section 12-16 of "the Illinois Public Aid Code"
4 for enforcement by the Attorney General. Legal representation
5 by the State's Attorney or the Attorney General shall be
6 limited to the establishment and enforcement of an order for
7 support, and shall not extend to visitation, custody,
8 property or other matters. If visitation, custody, property
9 or other matters are raised by a party and considered by the
10 court in any proceeding under this Act, the court shall
11 provide a continuance sufficient to enable the mother or
12 child to obtain representation for such matters.
13 (c) The Court may appoint counsel to represent any
14 indigent defendant in the trial court, except that this
15 representation shall be limited to the establishment of a
16 parent and child relationship and an order for support, and
17 shall not extend to visitation, custody, property,
18 enforcement of an order for support, or other matters. If
19 visitation, custody, property or other matters are raised by
20 a party and considered by the court in any proceeding under
21 this Act, the court shall provide a continuance sufficient to
22 enable the defendant to obtain representation for such
23 matters.
24 (d) The court shall furnish on request of any indigent
25 party a transcript for purposes of appeal.
26 (Source: P.A. 90-23, eff. 1-1-98; 91-410, eff. 1-1-00.)
27 (750 ILCS 45/21) (from Ch. 40, par. 2521)
28 Sec. 21. Support payments; receiving and disbursing
29 agents.
30 (1) In an action filed in a county of less than 3
31 million population in which an order for child support is
32 entered, and in supplementary proceedings in such a county to
33 enforce or vary the terms of such order arising out of an
-243- LRB9206548DJgc
1 action filed in such a county, the court, except in actions
2 or supplementary proceedings in which the pregnancy and
3 delivery expenses of the mother or the child support payments
4 are for a recipient of aid under the Illinois Public Aid
5 Code, shall direct that child support payments be made to the
6 clerk of the court unless in the discretion of the court
7 exceptional circumstances warrant otherwise. In cases where
8 payment is to be made to persons other than the clerk of the
9 court the judgment or order of support shall set forth the
10 facts of the exceptional circumstances.
11 (2) In an action filed in a county of 3 million or more
12 population in which an order for child support is entered,
13 and in supplementary proceedings in such a county to enforce
14 or vary the terms of such order arising out of an action
15 filed in such a county, the court, except in actions or
16 supplementary proceedings in which the pregnancy and delivery
17 expenses of the mother or the child support payments are for
18 a recipient of aid under the Illinois Public Aid Code, shall
19 direct that child support payments be made either to the
20 clerk of the court or to the Court Service Division of the
21 County Department of Public Aid, or to the clerk of the
22 court, the Attorney General, or to the Illinois Department of
23 Public Aid, unless in the discretion of the court exceptional
24 circumstances warrant otherwise. In such cases where payment
25 is to be made to persons other than the clerk of the court,
26 the Court Service Division of the County Department of Public
27 Aid, or the Illinois Department of Public Aid, the judgment
28 or order of support shall set forth the facts of the
29 exceptional circumstances.
30 (3) Where the action or supplementary proceeding is in
31 behalf of a mother for pregnancy and delivery expenses or for
32 child support, or both, and the mother, child, or both, are
33 recipients of aid under the Illinois Public Aid Code, the
34 court shall order that the payments be made directly to (a)
-244- LRB9206548DJgc
1 the Attorney General Illinois Department of Public Aid if the
2 mother or child, or both, are recipients under Articles IV or
3 V of the Code, or (b) the local governmental unit responsible
4 for the support of the mother or child, or both, if they are
5 recipients under Articles VI or VII of the Code. In
6 accordance with federal law and regulations, the Attorney
7 General or Illinois Department of Public Aid may continue to
8 collect current maintenance payments or child support
9 payments, or both, after those persons cease to receive
10 public assistance and until termination of services under
11 Article X of the Illinois Public Aid Code or under Sections
12 7.1 through 7.305 of the Attorney General act. The Attorney
13 General or Illinois Department of Public Aid shall pay the
14 net amount collected to those persons after deducting any
15 costs incurred in making the collection or any collection fee
16 from the amount of any recovery made. The Illinois Department
17 of Public Aid, the Attorney General, or the local
18 governmental unit, as the case may be, may direct that
19 payments be made directly to the mother of the child, or to
20 some other person or agency in the child's behalf, upon the
21 removal of the mother and child from the public aid rolls or
22 upon termination of services under Article X of the Illinois
23 Public Aid Code or under Sections 7.1 through 7.305 of the
24 Attorney General Act; and upon such direction, the Illinois
25 Department, the Attorney General, or the local governmental
26 unit, as the case requires, shall give notice of such action
27 to the court in writing or by electronic transmission.
28 (4) All clerks of the court, and the Court Service
29 Division of a County Department of Public Aid, and the
30 Illinois Department of Public Aid, and the Attorney General
31 receiving child support payments under paragraphs (1) or (2)
32 shall disburse the same to the person or persons entitled
33 thereto under the terms of the order. They shall establish
34 and maintain clear and current records of all moneys received
-245- LRB9206548DJgc
1 and disbursed and of defaults and delinquencies in required
2 payments. The court, by order or rule, shall make provision
3 for the carrying out of these duties.
4 Upon notification in writing or by electronic
5 transmission from the Illinois Department of Public Aid
6 (before the effective date of this amendatory Act of the 92nd
7 General Assembly) or the Attorney General (on and after that
8 date) to the clerk of the court that a person who is
9 receiving support payments under this Section is receiving
10 services under the Child Support Enforcement Program
11 established by Title IV-D of the Social Security Act, any
12 support payments subsequently received by the clerk of the
13 court shall be transmitted in accordance with the
14 instructions of the Illinois Department of Public Aid or
15 Attorney General until the Department or Attorney General
16 gives notice to the clerk of the court to cease the
17 transmittal. After providing the notification authorized
18 under this paragraph, the Illinois Department of Public Aid
19 (before the effective date of this amendatory Act of the 92nd
20 General Assembly) or the Attorney General (on and after that
21 date) shall be entitled as a party to notice of any further
22 proceedings in the case. The clerk of the court shall file a
23 copy of the Illinois Department of Public Aid's or Attorney
24 General's notification in the court file. The failure of the
25 clerk to file a copy of the notification in the court file
26 shall not, however, affect the Illinois Department of Public
27 Aid's or Attorney General's right to receive notice of
28 further proceedings.
29 Payments under this Section to the Illinois Department of
30 Public Aid or the Attorney General pursuant to the Child
31 Support Enforcement Program established by Title IV-D of the
32 Social Security Act shall be paid into the Child Support
33 Enforcement Trust Fund. All payments under this Section to
34 the Illinois Department of Human Services shall be deposited
-246- LRB9206548DJgc
1 in the DHS Recoveries Trust Fund. Disbursement from these
2 funds shall be as provided in the Illinois Public Aid Code.
3 Payments received by a local governmental unit shall be
4 deposited in that unit's General Assistance Fund.
5 (5) The moneys received by persons or agencies
6 designated by the court shall be disbursed by them in
7 accordance with the order. However, the court, on petition
8 of the state's attorney or the Attorney General, may enter
9 new orders designating the clerk of the court, the Attorney
10 General, or the Illinois Department of Public Aid, as the
11 person or agency authorized to receive and disburse child
12 support payments and, in the case of recipients of public
13 aid, the court, on petition of the Attorney General or
14 State's Attorney, shall direct subsequent payments to be paid
15 to the Illinois Department of Public Aid, the Attorney
16 General or to the appropriate local governmental unit, as
17 provided in paragraph (3). Payments of child support by
18 principals or sureties on bonds, or proceeds of any sale for
19 the enforcement of a judgment shall be made to the clerk of
20 the court, the Illinois Department of Public Aid, the
21 Attorney General, or the appropriate local governmental unit,
22 as the respective provisions of this Section require.
23 (6) For those cases in which child support is payable to
24 the clerk of the circuit court for transmittal to the
25 Illinois Department of Public Aid or the Attorney General by
26 order of court or upon notification by the Illinois
27 Department of Public Aid or the Attorney General, the clerk
28 shall transmit all such payments, within 4 working days of
29 receipt, to ensure insure that funds are available for
30 immediate distribution by the Department or the Attorney
31 General to the person or entity entitled thereto in
32 accordance with standards of the Child Support Enforcement
33 Program established under Title IV-D of the Social Security
34 Act. The clerk shall notify the Department or the Attorney
-247- LRB9206548DJgc
1 General of the date of receipt and amount thereof at the time
2 of transmittal. Where the clerk has entered into an
3 agreement of cooperation with the Department or the Attorney
4 General to record the terms of child support orders and
5 payments made thereunder directly into the IV-D Agency's
6 Department's automated data processing system, the clerk
7 shall account for, transmit and otherwise distribute child
8 support payments in accordance with such agreement in lieu of
9 the requirements contained herein.
10 (7) To the extent the provisions of this Section are
11 inconsistent with the requirements pertaining to the State
12 Disbursement Unit under Section 21.1 of this Act and Sections
13 7.76 and 7.295 of the Attorney General Act Section 10-26 of
14 the Illinois Public Aid Code, the requirements pertaining to
15 the State Disbursement Unit shall apply.
16 (Source: P.A. 90-18, eff. 7-1-97; 90-673, eff. 1-1-99;
17 90-790, eff. 8-14-98; 91-24, eff. 7-1-99; 91-212, eff.
18 7-20-99; 91-357, eff. 7-29-99; revised 9-1-99.)
19 (750 ILCS 45/21.1)
20 Sec. 21.1. Payment of Support to State Disbursement Unit.
21 (a) As used in this Section:
22 "Order for support", "obligor", "obligee", and "payor"
23 mean those terms as defined in the Income Withholding for
24 Support Act, except that "order for support" shall not mean
25 orders providing for spousal maintenance under which there is
26 no child support obligation.
27 (b) Notwithstanding any other provision of this Act to
28 the contrary, each order for support entered or modified on
29 or after October 1, 1999 shall require that support payments
30 be made to the State Disbursement Unit established under
31 Section 7.295 10-26 of the Attorney General Act Illinois
32 Public Aid Code if:
33 (1) a party to the order is receiving child and
-248- LRB9206548DJgc
1 spouse support services under Article X of the Illinois
2 Public Aid Code or Sections 7.1 through 7.305 of the
3 Attorney General Act; or
4 (2) no party to the order is receiving child and
5 spouse support services, but the support payments are
6 made through income withholding.
7 (c) Support payments shall be made to the State
8 Disbursement Unit if:
9 (1) the order for support was entered before
10 October 1, 1999, and a party to the order is receiving
11 child and spouse support services under Article X of the
12 Illinois Public Aid Code or Sections 7.1 through 7.305 of
13 the Attorney General Act; or
14 (2) no party to the order is receiving child and
15 spouse support services, and the support payments are
16 being made through income withholding.
17 (c-5) If no party to the order is receiving child and
18 spouse support services under Article X of the Illinois
19 Public Aid Code or Sections 7.1 through 7.305 of the Attorney
20 General Act, and the support payments are not made through
21 income withholding, then support payments shall be made as
22 directed by the order for support.
23 (c-10) Within 15 days after the effective date of this
24 amendatory Act of the 91st General Assembly, the Illinois
25 Department shall provide written notice to the clerk of the
26 circuit court, the obligor, and, where applicable, the
27 obligor's payor to make payments to the State Disbursement
28 Unit if:
29 (1) the order for support was entered before
30 October 1, 1999, and a party to the order is receiving
31 child and spouse support services under Article X of the
32 Illinois Public Aid Code; or
33 (2) no party to the order is receiving child and
34 spouse support services, and the support payments are
-249- LRB9206548DJgc
1 being made through income withholding.
2 (c-15) Within 15 days after the effective date of this
3 amendatory Act of the 91st General Assembly, the clerk of the
4 circuit court shall provide written notice to the obligor to
5 make payments directly to the clerk of the circuit court if
6 no party to the order is receiving child and spouse support
7 services under Article X of the Illinois Public Aid Code, the
8 support payments are not made through income withholding, and
9 the order for support requires support payments to be made
10 directly to the clerk of the circuit court.
11 (c-20) If the State Disbursement Unit receives a support
12 payment that was not appropriately made to the Unit under
13 this Section, the Unit shall immediately return the payment
14 to the sender, including, if possible, instructions detailing
15 where to send the support payments.
16 (d) The notices required under subsections (c-10) and
17 (c-15) may be sent by ordinary mail, certified mail, return
18 receipt requested, facsimile transmission, or other
19 electronic process, or may be served upon the obligor or
20 payor using any method provided by law for service of a
21 summons. The Illinois Department of Public Aid shall provide
22 a copy of the notice to the obligee and to the clerk of the
23 court.
24 (Source: P.A. 91-212, eff. 7-20-99; 91-677, eff. 1-5-00.)
25 (750 ILCS 45/22) (from Ch. 40, par. 2522)
26 Sec. 22. (a) In all cases instituted before the
27 effective date of this amendatory Act of the 91st General
28 Assembly by the Illinois Department of Public Aid on behalf
29 of a child or spouse, other than one receiving a grant of
30 financial aid under Article IV of The Illinois Public Aid
31 Code, on whose behalf an application has been made and
32 approved for support services as provided by Section 10-1 of
33 that Code, the court shall impose a collection fee on the
-250- LRB9206548DJgc
1 individual who owes a child or spouse support obligation in
2 an amount equal to 10% of the amount so owed as long as such
3 collection is required by federal law, which fee shall be in
4 addition to the support obligation. The imposition of such
5 fee shall be in accordance with provisions of Title IV, Part
6 D, of the Social Security Act and regulations duly
7 promulgated thereunder. The fee shall be payable to the
8 clerk of the circuit court for transmittal to the Illinois
9 Department of Public Aid and shall continue until support
10 services are terminated by that Department, except as
11 otherwise provided in this subsection.
12 If a collection fee is imposed under this subsection and
13 if, on or after the effective date of this amendatory Act of
14 the 92nd General Assembly, the child or spouse receives
15 support services under Section 7.5 of the Attorney General
16 Act, the fee shall be payable to the clerk of the circuit
17 court for transmittal to the Attorney General and shall
18 continue until support services are terminated by the
19 Attorney General. Nothing in this amendatory Act of the 92nd
20 General Assembly shall be construed to affect the validity of
21 any collection fee imposed in accordance with the first
22 paragraph of this subsection.
23 (b) In all cases instituted on or after the effective
24 date of this amendatory Act of the 92nd General Assembly by
25 the Attorney General on behalf of a child or spouse, other
26 than one receiving a grant of financial aid under Article IV
27 of the Illinois Public Aid Code, on whose behalf an
28 application has been made and approved for support services
29 as provided by Section 7.5 of the Attorney General Act, the
30 court shall impose a collection fee on the individual who
31 owes a child or spouse support obligation in an amount equal
32 to 10% of the amount so owed as long as such collection is
33 required by federal law, which fee shall be in addition to
34 the support obligation. The imposition of such fee shall be
-251- LRB9206548DJgc
1 in accordance with provisions of Title IV, Part D, of the
2 Social Security Act and regulations duly promulgated
3 thereunder. The fee shall be payable to the clerk of the
4 circuit court for transmittal to the Attorney General and
5 shall continue until support services are terminated by the
6 Attorney General.
7 (Source: P.A. 83-1372.)
8 (750 ILCS 45/23) (from Ch. 40, par. 2523)
9 Sec. 23. Notice to Clerk of Circuit Court of Payment
10 Received by Illinois Department of Public Aid or Attorney
11 General for Recording. For those cases in which support is
12 payable to the clerk of the circuit court for transmittal to
13 the Illinois Department of Public Aid by order of court, and
14 the Illinois Department of Public Aid or the Attorney General
15 collects support by assignment offset, withhold, deduction or
16 other process permitted by law, the Illinois Department of
17 Public Aid or the Attorney General shall notify the clerk of
18 the date and amount of such collection. Upon notification,
19 the clerk shall record the collection on the payment record
20 for the case.
21 (Source: P.A. 83-1372.)
22 Section 77. The Illinois Domestic Violence Act of 1986
23 is amended by changing Section 214 as follows:
24 (750 ILCS 60/214) (from Ch. 40, par. 2312-14)
25 Sec. 214. Order of protection; remedies.
26 (a) Issuance of order. If the court finds that
27 petitioner has been abused by a family or household member or
28 that petitioner is a high-risk adult who has been abused,
29 neglected, or exploited, as defined in this Act, an order of
30 protection prohibiting the abuse, neglect, or exploitation
31 shall issue; provided that petitioner must also satisfy the
-252- LRB9206548DJgc
1 requirements of one of the following Sections, as
2 appropriate: Section 217 on emergency orders, Section 218 on
3 interim orders, or Section 219 on plenary orders. Petitioner
4 shall not be denied an order of protection because petitioner
5 or respondent is a minor. The court, when determining whether
6 or not to issue an order of protection, shall not require
7 physical manifestations of abuse on the person of the victim.
8 Modification and extension of prior orders of protection
9 shall be in accordance with this Act.
10 (b) Remedies and standards. The remedies to be included
11 in an order of protection shall be determined in accordance
12 with this Section and one of the following Sections, as
13 appropriate: Section 217 on emergency orders, Section 218 on
14 interim orders, and Section 219 on plenary orders. The
15 remedies listed in this subsection shall be in addition to
16 other civil or criminal remedies available to petitioner.
17 (1) Prohibition of abuse, neglect, or exploitation.
18 Prohibit respondent's harassment, interference with
19 personal liberty, intimidation of a dependent, physical
20 abuse, or willful deprivation, neglect or exploitation,
21 as defined in this Act, or stalking of the petitioner, as
22 defined in Section 12-7.3 of the Criminal Code of 1961,
23 if such abuse, neglect, exploitation, or stalking has
24 occurred or otherwise appears likely to occur if not
25 prohibited.
26 (2) Grant of exclusive possession of residence.
27 Prohibit respondent from entering or remaining in any
28 residence or household of the petitioner, including one
29 owned or leased by respondent, if petitioner has a right
30 to occupancy thereof. The grant of exclusive possession
31 of the residence shall not affect title to real property,
32 nor shall the court be limited by the standard set forth
33 in Section 701 of the Illinois Marriage and Dissolution
34 of Marriage Act.
-253- LRB9206548DJgc
1 (A) Right to occupancy. A party has a right
2 to occupancy of a residence or household if it is
3 solely or jointly owned or leased by that party,
4 that party's spouse, a person with a legal duty to
5 support that party or a minor child in that party's
6 care, or by any person or entity other than the
7 opposing party that authorizes that party's
8 occupancy (e.g., a domestic violence shelter).
9 Standards set forth in subparagraph (B) shall not
10 preclude equitable relief.
11 (B) Presumption of hardships. If petitioner
12 and respondent each has the right to occupancy of a
13 residence or household, the court shall balance (i)
14 the hardships to respondent and any minor child or
15 dependent adult in respondent's care resulting from
16 entry of this remedy with (ii) the hardships to
17 petitioner and any minor child or dependent adult in
18 petitioner's care resulting from continued exposure
19 to the risk of abuse (should petitioner remain at
20 the residence or household) or from loss of
21 possession of the residence or household (should
22 petitioner leave to avoid the risk of abuse). When
23 determining the balance of hardships, the court
24 shall also take into account the accessibility of
25 the residence or household. Hardships need not be
26 balanced if respondent does not have a right to
27 occupancy.
28 The balance of hardships is presumed to favor
29 possession by petitioner unless the presumption is
30 rebutted by a preponderance of the evidence, showing
31 that the hardships to respondent substantially
32 outweigh the hardships to petitioner and any minor
33 child or dependent adult in petitioner's care. The
34 court, on the request of petitioner or on its own
-254- LRB9206548DJgc
1 motion, may order respondent to provide suitable,
2 accessible, alternate housing for petitioner instead
3 of excluding respondent from a mutual residence or
4 household.
5 (3) Stay away order and additional prohibitions.
6 Order respondent to stay away from petitioner or any
7 other person protected by the order of protection, or
8 prohibit respondent from entering or remaining present at
9 petitioner's school, place of employment, or other
10 specified places at times when petitioner is present, or
11 both, if reasonable, given the balance of hardships.
12 Hardships need not be balanced for the court to enter a
13 stay away order or prohibit entry if respondent has no
14 right to enter the premises.
15 If an order of protection grants petitioner
16 exclusive possession of the residence, or prohibits
17 respondent from entering the residence, or orders
18 respondent to stay away from petitioner or other
19 protected persons, then the court may allow respondent
20 access to the residence to remove items of clothing and
21 personal adornment used exclusively by respondent,
22 medications, and other items as the court directs. The
23 right to access shall be exercised on only one occasion
24 as the court directs and in the presence of an
25 agreed-upon adult third party or law enforcement officer.
26 (4) Counseling. Require or recommend the
27 respondent to undergo counseling for a specified duration
28 with a social worker, psychologist, clinical
29 psychologist, psychiatrist, family service agency,
30 alcohol or substance abuse program, mental health center
31 guidance counselor, agency providing services to elders,
32 program designed for domestic violence abusers or any
33 other guidance service the court deems appropriate.
34 (5) Physical care and possession of the minor
-255- LRB9206548DJgc
1 child. In order to protect the minor child from abuse,
2 neglect, or unwarranted separation from the person who
3 has been the minor child's primary caretaker, or to
4 otherwise protect the well-being of the minor child, the
5 court may do either or both of the following: (i) grant
6 petitioner physical care or possession of the minor
7 child, or both, or (ii) order respondent to return a
8 minor child to, or not remove a minor child from, the
9 physical care of a parent or person in loco parentis.
10 If a court finds, after a hearing, that respondent
11 has committed abuse (as defined in Section 103) of a
12 minor child, there shall be a rebuttable presumption that
13 awarding physical care to respondent would not be in the
14 minor child's best interest.
15 (6) Temporary legal custody. Award temporary legal
16 custody to petitioner in accordance with this Section,
17 the Illinois Marriage and Dissolution of Marriage Act,
18 the Illinois Parentage Act of 1984, and this State's
19 Uniform Child Custody Jurisdiction Act.
20 If a court finds, after a hearing, that respondent
21 has committed abuse (as defined in Section 103) of a
22 minor child, there shall be a rebuttable presumption that
23 awarding temporary legal custody to respondent would not
24 be in the child's best interest.
25 (7) Visitation. Determine the visitation rights,
26 if any, of respondent in any case in which the court
27 awards physical care or temporary legal custody of a
28 minor child to petitioner. The court shall restrict or
29 deny respondent's visitation with a minor child if the
30 court finds that respondent has done or is likely to do
31 any of the following: (i) abuse or endanger the minor
32 child during visitation; (ii) use the visitation as an
33 opportunity to abuse or harass petitioner or petitioner's
34 family or household members; (iii) improperly conceal or
-256- LRB9206548DJgc
1 detain the minor child; or (iv) otherwise act in a manner
2 that is not in the best interests of the minor child.
3 The court shall not be limited by the standards set forth
4 in Section 607.1 of the Illinois Marriage and Dissolution
5 of Marriage Act. If the court grants visitation, the
6 order shall specify dates and times for the visitation to
7 take place or other specific parameters or conditions
8 that are appropriate. No order for visitation shall
9 refer merely to the term "reasonable visitation".
10 Petitioner may deny respondent access to the minor
11 child if, when respondent arrives for visitation,
12 respondent is under the influence of drugs or alcohol and
13 constitutes a threat to the safety and well-being of
14 petitioner or petitioner's minor children or is behaving
15 in a violent or abusive manner.
16 If necessary to protect any member of petitioner's
17 family or household from future abuse, respondent shall
18 be prohibited from coming to petitioner's residence to
19 meet the minor child for visitation, and the parties
20 shall submit to the court their recommendations for
21 reasonable alternative arrangements for visitation. A
22 person may be approved to supervise visitation only after
23 filing an affidavit accepting that responsibility and
24 acknowledging accountability to the court.
25 (8) Removal or concealment of minor child. Prohibit
26 respondent from removing a minor child from the State or
27 concealing the child within the State.
28 (9) Order to appear. Order the respondent to
29 appear in court, alone or with a minor child, to prevent
30 abuse, neglect, removal or concealment of the child, to
31 return the child to the custody or care of the petitioner
32 or to permit any court-ordered interview or examination
33 of the child or the respondent.
34 (10) Possession of personal property. Grant
-257- LRB9206548DJgc
1 petitioner exclusive possession of personal property and,
2 if respondent has possession or control, direct
3 respondent to promptly make it available to petitioner,
4 if:
5 (i) petitioner, but not respondent, owns the
6 property; or
7 (ii) the parties own the property jointly;
8 sharing it would risk abuse of petitioner by
9 respondent or is impracticable; and the balance of
10 hardships favors temporary possession by petitioner.
11 If petitioner's sole claim to ownership of the
12 property is that it is marital property, the court may
13 award petitioner temporary possession thereof under the
14 standards of subparagraph (ii) of this paragraph only if
15 a proper proceeding has been filed under the Illinois
16 Marriage and Dissolution of Marriage Act, as now or
17 hereafter amended.
18 No order under this provision shall affect title to
19 property.
20 (11) Protection of property. Forbid the respondent
21 from taking, transferring, encumbering, concealing,
22 damaging or otherwise disposing of any real or personal
23 property, except as explicitly authorized by the court,
24 if:
25 (i) petitioner, but not respondent, owns the
26 property; or
27 (ii) the parties own the property jointly, and
28 the balance of hardships favors granting this
29 remedy.
30 If petitioner's sole claim to ownership of the
31 property is that it is marital property, the court may
32 grant petitioner relief under subparagraph (ii) of this
33 paragraph only if a proper proceeding has been filed
34 under the Illinois Marriage and Dissolution of Marriage
-258- LRB9206548DJgc
1 Act, as now or hereafter amended.
2 The court may further prohibit respondent from
3 improperly using the financial or other resources of an
4 aged member of the family or household for the profit or
5 advantage of respondent or of any other person.
6 (12) Order for payment of support. Order
7 respondent to pay temporary support for the petitioner or
8 any child in the petitioner's care or custody, when the
9 respondent has a legal obligation to support that person,
10 in accordance with the Illinois Marriage and Dissolution
11 of Marriage Act, which shall govern, among other matters,
12 the amount of support, payment through the clerk and
13 withholding of income to secure payment. An order for
14 child support may be granted to a petitioner with lawful
15 physical care or custody of a child, or an order or
16 agreement for physical care or custody, prior to entry of
17 an order for legal custody. Such a support order shall
18 expire upon entry of a valid order granting legal custody
19 to another, unless otherwise provided in the custody
20 order.
21 (13) Order for payment of losses. Order respondent
22 to pay petitioner for losses suffered as a direct result
23 of the abuse, neglect, or exploitation. Such losses
24 shall include, but not be limited to, medical expenses,
25 lost earnings or other support, repair or replacement of
26 property damaged or taken, reasonable attorney's fees,
27 court costs and moving or other travel expenses,
28 including additional reasonable expenses for temporary
29 shelter and restaurant meals.
30 (i) Losses affecting family needs. If a party
31 is entitled to seek maintenance, child support or
32 property distribution from the other party under the
33 Illinois Marriage and Dissolution of Marriage Act,
34 as now or hereafter amended, the court may order
-259- LRB9206548DJgc
1 respondent to reimburse petitioner's actual losses,
2 to the extent that such reimbursement would be
3 "appropriate temporary relief", as authorized by
4 subsection (a)(3) of Section 501 of that Act.
5 (ii) Recovery of expenses. In the case of an
6 improper concealment or removal of a minor child,
7 the court may order respondent to pay the reasonable
8 expenses incurred or to be incurred in the search
9 for and recovery of the minor child, including but
10 not limited to legal fees, court costs, private
11 investigator fees, and travel costs.
12 (14) Prohibition of entry. Prohibit the respondent
13 from entering or remaining in the residence or household
14 while the respondent is under the influence of alcohol or
15 drugs and constitutes a threat to the safety and
16 well-being of the petitioner or the petitioner's
17 children.
18 (14.5) Prohibition of firearm possession.
19 (a) When a complaint is made under a request
20 for an order of protection, that the respondent has
21 threatened or is likely to use firearms illegally
22 against the petitioner, and the respondent is
23 present in court, or has failed to appear after
24 receiving actual notice, the court shall examine on
25 oath the petitioner, and any witnesses who may be
26 produced. If the court is satisfied that there is
27 any danger of the illegal use of firearms, it shall
28 issue an order that any firearms in the possession
29 of the respondent, except as provided in subsection
30 (b), be turned over to the local law enforcement
31 agency for safekeeping. If the respondent has
32 failed to appear, the court shall issue a warrant
33 for seizure of any firearm in the possession of the
34 respondent. The period of safekeeping shall be for a
-260- LRB9206548DJgc
1 stated period of time not to exceed 2 years. The
2 firearm or firearms shall be returned to the
3 respondent at the end of the stated period or at
4 expiration of the order of protection, whichever is
5 sooner.
6 (b) If the respondent is a peace officer as
7 defined in Section 2-13 of the Criminal Code of
8 1961, the court shall order that any firearms used
9 by the respondent in the performance of his or her
10 duties as a peace officer be surrendered to the
11 chief law enforcement executive of the agency in
12 which the respondent is employed, who shall retain
13 the firearms for safekeeping for the stated period
14 not to exceed 2 years as set forth in the court
15 order.
16 (15) Prohibition of access to records. If an order
17 of protection prohibits respondent from having contact
18 with the minor child, or if petitioner's address is
19 omitted under subsection (b) of Section 203, or if
20 necessary to prevent abuse or wrongful removal or
21 concealment of a minor child, the order shall deny
22 respondent access to, and prohibit respondent from
23 inspecting, obtaining, or attempting to inspect or
24 obtain, school or any other records of the minor child
25 who is in the care of petitioner.
26 (16) Order for payment of shelter services. Order
27 respondent to reimburse a shelter providing temporary
28 housing and counseling services to the petitioner for the
29 cost of the services, as certified by the shelter and
30 deemed reasonable by the court.
31 (17) Order for injunctive relief. Enter injunctive
32 relief necessary or appropriate to prevent further abuse
33 of a family or household member or further abuse,
34 neglect, or exploitation of a high-risk adult with
-261- LRB9206548DJgc
1 disabilities or to effectuate one of the granted
2 remedies, if supported by the balance of hardships. If
3 the harm to be prevented by the injunction is abuse or
4 any other harm that one of the remedies listed in
5 paragraphs (1) through (16) of this subsection is
6 designed to prevent, no further evidence is necessary
7 that the harm is an irreparable injury.
8 (c) Relevant factors; findings.
9 (1) In determining whether to grant a specific
10 remedy, other than payment of support, the court shall
11 consider relevant factors, including but not limited to
12 the following:
13 (i) the nature, frequency, severity, pattern
14 and consequences of the respondent's past abuse,
15 neglect or exploitation of the petitioner or any
16 family or household member, including the
17 concealment of his or her location in order to evade
18 service of process or notice, and the likelihood of
19 danger of future abuse, neglect, or exploitation to
20 petitioner or any member of petitioner's or
21 respondent's family or household; and
22 (ii) the danger that any minor child will be
23 abused or neglected or improperly removed from the
24 jurisdiction, improperly concealed within the State
25 or improperly separated from the child's primary
26 caretaker.
27 (2) In comparing relative hardships resulting to
28 the parties from loss of possession of the family home,
29 the court shall consider relevant factors, including but
30 not limited to the following:
31 (i) availability, accessibility, cost, safety,
32 adequacy, location and other characteristics of
33 alternate housing for each party and any minor child
34 or dependent adult in the party's care;
-262- LRB9206548DJgc
1 (ii) the effect on the party's employment; and
2 (iii) the effect on the relationship of the
3 party, and any minor child or dependent adult in the
4 party's care, to family, school, church and
5 community.
6 (3) Subject to the exceptions set forth in
7 paragraph (4) of this subsection, the court shall make
8 its findings in an official record or in writing, and
9 shall at a minimum set forth the following:
10 (i) That the court has considered the
11 applicable relevant factors described in paragraphs
12 (1) and (2) of this subsection.
13 (ii) Whether the conduct or actions of
14 respondent, unless prohibited, will likely cause
15 irreparable harm or continued abuse.
16 (iii) Whether it is necessary to grant the
17 requested relief in order to protect petitioner or
18 other alleged abused persons.
19 (4) For purposes of issuing an ex parte emergency
20 order of protection, the court, as an alternative to or
21 as a supplement to making the findings described in
22 paragraphs (c)(3)(i) through (c)(3)(iii) of this
23 subsection, may use the following procedure:
24 When a verified petition for an emergency order of
25 protection in accordance with the requirements of
26 Sections 203 and 217 is presented to the court, the court
27 shall examine petitioner on oath or affirmation. An
28 emergency order of protection shall be issued by the
29 court if it appears from the contents of the petition and
30 the examination of petitioner that the averments are
31 sufficient to indicate abuse by respondent and to support
32 the granting of relief under the issuance of the
33 emergency order of protection.
34 (5) Never married parties. No rights or
-263- LRB9206548DJgc
1 responsibilities for a minor child born outside of
2 marriage attach to a putative father until a father and
3 child relationship has been established under the
4 Attorney General Act, the Illinois Parentage Act of 1984,
5 the Illinois Public Aid Code, Section 12 of the Vital
6 Records Act, the Juvenile Court Act of 1987, the Probate
7 Act of 1985, the Revised Uniform Reciprocal Enforcement
8 of Support Act, the Uniform Interstate Family Support
9 Act, the Expedited Child Support Act of 1990, any
10 judicial, administrative, or other act of another state
11 or territory, any other Illinois statute, or by any
12 foreign nation establishing the father and child
13 relationship, any other proceeding substantially in
14 conformity with the Personal Responsibility and Work
15 Opportunity Reconciliation Act of 1996 (Pub. L. 104-193),
16 or where both parties appeared in open court or at an
17 administrative hearing acknowledging under oath or
18 admitting by affirmation the existence of a father and
19 child relationship. Absent such an adjudication, finding,
20 or acknowledgement, no putative father shall be granted
21 temporary custody of the minor child, visitation with the
22 minor child, or physical care and possession of the minor
23 child, nor shall an order of payment for support of the
24 minor child be entered.
25 (d) Balance of hardships; findings. If the court finds
26 that the balance of hardships does not support the granting
27 of a remedy governed by paragraph (2), (3), (10), (11), or
28 (16) of subsection (b) of this Section, which may require
29 such balancing, the court's findings shall so indicate and
30 shall include a finding as to whether granting the remedy
31 will result in hardship to respondent that would
32 substantially outweigh the hardship to petitioner from denial
33 of the remedy. The findings shall be an official record or in
34 writing.
-264- LRB9206548DJgc
1 (e) Denial of remedies. Denial of any remedy shall not
2 be based, in whole or in part, on evidence that:
3 (1) Respondent has cause for any use of force,
4 unless that cause satisfies the standards for justifiable
5 use of force provided by Article VII of the Criminal Code
6 of 1961;
7 (2) Respondent was voluntarily intoxicated;
8 (3) Petitioner acted in self-defense or defense of
9 another, provided that, if petitioner utilized force,
10 such force was justifiable under Article VII of the
11 Criminal Code of 1961;
12 (4) Petitioner did not act in self-defense or
13 defense of another;
14 (5) Petitioner left the residence or household to
15 avoid further abuse, neglect, or exploitation by
16 respondent;
17 (6) Petitioner did not leave the residence or
18 household to avoid further abuse, neglect, or
19 exploitation by respondent;
20 (7) Conduct by any family or household member
21 excused the abuse, neglect, or exploitation by
22 respondent, unless that same conduct would have excused
23 such abuse, neglect, or exploitation if the parties had
24 not been family or household members.
25 (Source: P.A. 89-367, eff. 1-1-96; 90-118, eff. 1-1-98.)
26 Section 80. The Unemployment Insurance Act is amended by
27 changing Section 1300 as follows:
28 (820 ILCS 405/1300) (from Ch. 48, par. 540)
29 Sec. 1300. Waiver or transfer of benefit rights -
30 Partial exemption.
31 (A) Except as otherwise provided herein any agreement by
32 an individual to waive, release or commute his rights under
-265- LRB9206548DJgc
1 this Act shall be void.
2 (B) Benefits due under this Act shall not be assigned,
3 pledged, encumbered, released or commuted and shall be exempt
4 from all claims of creditors and from levy, execution and
5 attachment or other remedy for recovery or collection of a
6 debt. However, nothing in this Section shall prohibit a
7 specified or agreed upon deduction from benefits by an
8 individual, or a court or administrative order for
9 withholding of income, for payment of past due child support
10 from being enforced and collected by the Attorney General
11 Department of Public Aid on behalf of persons receiving a
12 grant of financial aid under Article IV of the Illinois
13 Public Aid Code, persons for whom an application has been
14 made and approved for support services under Section 7.5 of
15 the Attorney General Act 10-1 of such Code, or persons
16 similarly situated and receiving like support services in
17 other states. It is provided that:
18 (1) The aforementioned deduction of benefits and
19 order for withholding of income apply only if appropriate
20 arrangements have been made for reimbursement to the
21 Director by the Attorney General Department of Public Aid
22 for any administrative costs incurred by the Director
23 under this Section.
24 (2) The Director shall deduct and withhold from
25 benefits payable under this Act, or under any arrangement
26 for the payment of benefits entered into by the Director
27 pursuant to the powers granted under Section 2700 of this
28 Act, the amount specified or agreed upon. In the case of
29 a court or administrative order for withholding of
30 income, the Director shall withhold the amount of the
31 order.
32 (3) Any amount deducted and withheld by the
33 Director shall be paid to the Attorney General Department
34 of Public Aid or the State Disbursement Unit established
-266- LRB9206548DJgc
1 under Section 7.295 of the Attorney General Act 10-26 of
2 the Illinois Public Aid Code, as directed by the Attorney
3 General Department of Public Aid, on behalf of the
4 individual.
5 (4) Any amount deducted and withheld under
6 subsection (3) shall for all purposes be treated as if it
7 were paid to the individual as benefits and paid by such
8 individual to the Attorney General Department of Public
9 Aid or the State Disbursement Unit in satisfaction of the
10 individual's child support obligations.
11 (5) For the purpose of this Section, child support
12 is defined as those obligations which are being enforced
13 pursuant to a plan described in Title IV, Part D, Section
14 454 of the Social Security Act and approved by the
15 Secretary of Health and Human Services.
16 (6) The deduction of benefits and order for
17 withholding of income for child support shall be governed
18 by Titles III and IV of the Social Security Act and all
19 regulations duly promulgated thereunder.
20 (C) Nothing in this Section prohibits an individual from
21 voluntarily electing to have federal income tax deducted and
22 withheld from his or her unemployment insurance benefit
23 payments.
24 (1) The Director shall, at the time that an
25 individual files his or her claim for benefits that
26 establishes his or her benefit year, inform the
27 individual that:
28 (a) unemployment insurance is subject to
29 federal, State, and local income taxes;
30 (b) requirements exist pertaining to estimated
31 tax payments;
32 (c) the individual may elect to have federal
33 income tax deducted and withheld from his or her
34 payments of unemployment insurance in the amount
-267- LRB9206548DJgc
1 specified in the federal Internal Revenue Code; and
2 (d) the individual is permitted to change a
3 previously elected withholding status.
4 (2) Amounts deducted and withheld from unemployment
5 insurance shall remain in the unemployment fund until
6 transferred to the federal taxing authority as a payment
7 of income tax.
8 (3) The Director shall follow all procedures
9 specified by the United States Department of Labor and
10 the federal Internal Revenue Service pertaining to the
11 deducting and withholding of income tax.
12 (4) Amounts shall be deducted and withheld in
13 accordance with the priorities established in rules
14 promulgated by the Director.
15 (D) Nothing in this Section prohibits an individual from
16 voluntarily electing to have State of Illinois income tax
17 deducted and withheld from his or her unemployment insurance
18 benefit payments if such deduction and withholding is
19 provided for pursuant to rules promulgated by the Director.
20 (1) If pursuant to rules promulgated by the
21 Director, an individual may voluntarily elect to have
22 State of Illinois income tax deducted and withheld from
23 his or her unemployment insurance benefit payments, the
24 Director shall, at the time that an individual files his
25 or her claim for benefits that establishes his or her
26 benefit year, in addition to providing the notice
27 required under subsection C, inform the individual that:
28 (a) the individual may elect to have State of
29 Illinois income tax deducted and withheld from his
30 or her payments of unemployment insurance in the
31 amount specified pursuant to rules promulgated by
32 the Director; and
33 (b) the individual is permitted to change a
34 previously elected withholding status.
-268- LRB9206548DJgc
1 (2) Amounts deducted and withheld from unemployment
2 insurance shall remain in the unemployment fund until
3 transferred to the Department of Revenue as a payment of
4 State of Illinois income tax.
5 (3) Amounts shall be deducted and withheld in
6 accordance with the priorities established in rules
7 promulgated by the Director.
8 (E) Nothing in this Section prohibits the deduction and
9 withholding of an uncollected overissuance of food stamp
10 coupons from unemployment insurance benefits pursuant to this
11 subsection (E).
12 (1) At the time that an individual files a claim
13 for benefits that establishes his or her benefit year,
14 that individual must disclose whether or not he or she
15 owes an uncollected overissuance (as defined in Section
16 13(c)(1) of the federal Food Stamp Act of 1977) of food
17 stamp coupons. The Director shall notify the State food
18 stamp agency enforcing such obligation of any individual
19 who discloses that he or she owes an uncollected
20 overissuance of food stamp coupons and who meets the
21 monetary eligibility requirements of subsection E of
22 Section 500.
23 (2) The Director shall deduct and withhold from any
24 unemployment insurance benefits payable to an individual
25 who owes an uncollected overissuance of food stamp
26 coupons:
27 (a) the amount specified by the individual to
28 the Director to be deducted and withheld under this
29 subsection (E);
30 (b) the amount (if any) determined pursuant to
31 an agreement submitted to the State food stamp
32 agency under Section 13(c)(3)(A) of the federal Food
33 Stamp Act of 1977; or
34 (c) any amount otherwise required to be
-269- LRB9206548DJgc
1 deducted and withheld from unemployment insurance
2 benefits pursuant to Section 13(c)(3)(B) of the
3 federal Food Stamp Act of 1977.
4 (3) Any amount deducted and withheld pursuant to
5 this subsection (E) shall be paid by the Director to the
6 State food stamp agency.
7 (4) Any amount deducted and withheld pursuant to
8 this subsection (E) shall for all purposes be treated as
9 if it were paid to the individual as unemployment
10 insurance benefits and paid by the individual to the
11 State food stamp agency as repayment of the individual's
12 uncollected overissuance of food stamp coupons.
13 (5) For purposes of this subsection (E),
14 "unemployment insurance benefits" means any compensation
15 payable under this Act including amounts payable by the
16 Director pursuant to an agreement under any federal law
17 providing for compensation, assistance, or allowances
18 with respect to unemployment.
19 (6) This subsection (E) applies only if
20 arrangements have been made for reimbursement by the
21 State food stamp agency for the administrative costs
22 incurred by the Director under this subsection (E) which
23 are attributable to the repayment of uncollected
24 overissuances of food stamp coupons to the State food
25 stamp agency.
26 (Source: P.A. 90-425, eff. 8-15-97; 90-554, eff. 12-12-97;
27 91-212, eff. 7-20-99; 91-712, eff. 7-1-00.)
28 Section 95. No acceleration or delay. Where this Act
29 makes changes in a statute that is represented in this Act by
30 text that is not yet or no longer in effect (for example, a
31 Section represented by multiple versions), the use of that
32 text does not accelerate or delay the taking effect of (i)
33 the changes made by this Act or (ii) provisions derived from
-270- LRB9206548DJgc
1 any other Public Act.
2 Section 99. Effective date. This Act takes effect on
3 July 1, 2001.
-271- LRB9206548DJgc
1 INDEX
2 Statutes amended in order of appearance
3 5 ILCS 100/10-65 from Ch. 127, par. 1010-65
4 5 ILCS 220/3 from Ch. 127, par. 743
5 15 ILCS 205/7.1 new
6 15 ILCS 205/7.5 new
7 15 ILCS 205/7.10 new
8 15 ILCS 205/7.15 new
9 15 ILCS 205/7.20 new
10 15 ILCS 205/7.25 new
11 15 ILCS 205/7.27 new
12 15 ILCS 205/7.28 new
13 15 ILCS 205/7.30 new
14 15 ILCS 205/7.35 new
15 15 ILCS 205/7.40 new
16 15 ILCS 205/7.45 new
17 15 ILCS 205/7.50 new
18 15 ILCS 205/7.52 new
19 15 ILCS 205/7.55 new
20 15 ILCS 205/7.60 new
21 15 ILCS 205/7.65 new
22 15 ILCS 205/7.70 new
23 15 ILCS 205/7.75 new
24 15 ILCS 205/7.76 new
25 15 ILCS 205/7.78 new
26 15 ILCS 205/7.80 new
27 15 ILCS 205/7.85 new
28 15 ILCS 205/7.87 new
29 15 ILCS 205/7.90 new
30 15 ILCS 205/7.95 new
31 15 ILCS 205/7.97 new
32 15 ILCS 205/7.100 new
33 15 ILCS 205/7.105 new
34 15 ILCS 205/7.110 new
-272- LRB9206548DJgc
1 15 ILCS 205/7.115 new
2 15 ILCS 205/7.120 new
3 15 ILCS 205/7.125 new
4 15 ILCS 205/7.130 new
5 15 ILCS 205/7.135 new
6 15 ILCS 205/7.140 new
7 15 ILCS 205/7.145 new
8 15 ILCS 205/7.150 new
9 15 ILCS 205/7.152 new
10 15 ILCS 205/7.155 new
11 15 ILCS 205/7.160 new
12 15 ILCS 205/7.165 new
13 15 ILCS 205/7.170 new
14 15 ILCS 205/7.172 new
15 15 ILCS 205/7.173 new
16 15 ILCS 205/7.174 new
17 15 ILCS 205/7.175 new
18 15 ILCS 205/7.180 new
19 15 ILCS 205/7.185 new
20 15 ILCS 205/7.190 new
21 15 ILCS 205/7.195 new
22 15 ILCS 205/7.200 new
23 15 ILCS 205/7.205 new
24 15 ILCS 205/7.210 new
25 15 ILCS 205/7.215 new
26 15 ILCS 205/7.220 new
27 15 ILCS 205/7.221 new
28 15 ILCS 205/7.223 new
29 15 ILCS 205/7.225 new
30 15 ILCS 205/7.230 new
31 15 ILCS 205/7.235 new
32 15 ILCS 205/7.240 new
33 15 ILCS 205/7.250 new
34 15 ILCS 205/7.255 new
-273- LRB9206548DJgc
1 15 ILCS 205/7.260 new
2 15 ILCS 205/7.265 new
3 15 ILCS 205/7.270 new
4 15 ILCS 205/7.275 new
5 15 ILCS 205/7.280 new
6 15 ILCS 205/7.285 new
7 15 ILCS 205/7.290 new
8 15 ILCS 205/7.292 new
9 15 ILCS 205/7.295 new
10 15 ILCS 205/7.297 new
11 15 ILCS 205/7.300 new
12 15 ILCS 205/7.305 new
13 15 ILCS 405/10.05a from Ch. 15, par. 210.05a
14 20 ILCS 1020/35
15 20 ILCS 1605/13 from Ch. 120, par. 1163
16 20 ILCS 2105/2105-15 was 20 ILCS 2105/60
17 20 ILCS 2505/2505-650 was 20 ILCS 2505/39b52
18 20 ILCS 2605/2605-377 was 20 ILCS 2605/55a in part
19 35 ILCS 5/901 from Ch. 120, par. 9-901
20 205 ILCS 5/48.4
21 205 ILCS 105/1-6d
22 205 ILCS 205/7007
23 205 ILCS 305/43.1
24 205 ILCS 645/20
25 215 ILCS 5/238 from Ch. 73, par. 850
26 215 ILCS 5/238.1
27 215 ILCS 5/299.1a from Ch. 73, par. 911.1a
28 215 ILCS 5/299.1b
29 215 ILCS 5/337.1
30 225 ILCS 425/2.04 from Ch. 111, par. 2005.1
31 305 ILCS 5/10-1.5 new
32 305 ILCS 5/10-21 from Ch. 23, par. 10-21
33 305 ILCS 5/12-4.7c
34 305 ILCS 5/12-10.2 from Ch. 23, par. 12-10.2
-274- LRB9206548DJgc
1 305 ILCS 5/12-9.1
2 305 ILCS 5/12-16 from Ch. 23, par. 12-16
3 305 ILCS 5/12-21.3 from Ch. 23, par. 12-21.3
4 305 ILCS 5/10-1 rep.
5 305 ILCS 5/10-2 rep.
6 305 ILCS 5/10-3 rep.
7 305 ILCS 5/10-3.1 rep.
8 305 ILCS 5/10-3.2 rep.
9 305 ILCS 5/10-3.3 rep.
10 305 ILCS 5/10-3.4 rep.
11 305 ILCS 5/10-4 rep.
12 305 ILCS 5/10-5 rep.
13 305 ILCS 5/10-6 rep.
14 305 ILCS 5/10-7 rep.
15 305 ILCS 5/10-8 rep.
16 305 ILCS 5/10-8.1 rep.
17 305 ILCS 5/10-9 rep.
18 305 ILCS 5/10-10 rep.
19 305 ILCS 5/10-10.1 rep.
20 305 ILCS 5/10-10.2 rep.
21 305 ILCS 5/10-10.3 rep.
22 305 ILCS 5/10-10.4 rep.
23 305 ILCS 5/10-10.5 rep.
24 305 ILCS 5/10-11 rep.
25 305 ILCS 5/10-11.1 rep.
26 305 ILCS 5/10-11.2 rep.
27 305 ILCS 5/10-12 rep.
28 305 ILCS 5/10-12.1 rep.
29 305 ILCS 5/10-13 rep.
30 305 ILCS 5/10-13.1 rep.
31 305 ILCS 5/10-13.2 rep.
32 305 ILCS 5/10-13.3 rep.
33 305 ILCS 5/10-13.4 rep.
34 305 ILCS 5/10-13.5 rep.
-275- LRB9206548DJgc
1 305 ILCS 5/10-13.6 rep.
2 305 ILCS 5/10-13.7 rep.
3 305 ILCS 5/10-13.8 rep.
4 305 ILCS 5/10-13.9 rep.
5 305 ILCS 5/10-13.10 rep.
6 305 ILCS 5/10-14 rep.
7 305 ILCS 5/10-14.1 rep.
8 305 ILCS 5/10-15 rep.
9 305 ILCS 5/10-16 rep.
10 305 ILCS 5/10-16.2 rep.
11 305 ILCS 5/10-16.3 rep.
12 305 ILCS 5/10-16.4 rep.
13 305 ILCS 5/10-16.5 rep.
14 305 ILCS 5/10-16.6 rep.
15 305 ILCS 5/10-17 rep.
16 305 ILCS 5/10-17.1 rep.
17 305 ILCS 5/10-17.2 rep.
18 305 ILCS 5/10-17.3 rep.
19 305 ILCS 5/10-17.4 rep.
20 305 ILCS 5/10-17.5 rep.
21 305 ILCS 5/10-17.6 rep.
22 305 ILCS 5/10-17.7 rep.
23 305 ILCS 5/10-17.8 rep.
24 305 ILCS 5/10-17.9 rep.
25 305 ILCS 5/10-17.11 rep.
26 305 ILCS 5/10-18 rep.
27 305 ILCS 5/10-19 rep.
28 305 ILCS 5/10-20 rep.
29 305 ILCS 5/10-23 rep.
30 305 ILCS 5/10-24 rep.
31 305 ILCS 5/10-24.5 rep.
32 305 ILCS 5/10-24.30 rep.
33 305 ILCS 5/10-24.35 rep.
34 305 ILCS 5/10-24.40 rep.
-276- LRB9206548DJgc
1 305 ILCS 5/10-24.45 rep.
2 305 ILCS 5/10-24.50 rep.
3 305 ILCS 5/10-25 rep.
4 305 ILCS 5/10-25.5 rep.
5 305 ILCS 5/10-26 rep.
6 305 ILCS 5/10-26.5 rep.
7 305 ILCS 5/10-27 rep.
8 305 ILCS 5/12-4.3 rep.
9 305 ILCS 5/12-8.1 rep.
10 410 ILCS 513/22
11 410 ILCS 535/12 from Ch. 111 1/2, par. 73-12
12 410 ILCS 535/17 from Ch. 111 1/2, par. 73-17
13 410 ILCS 535/22 from Ch. 111 1/2, par. 73-22
14 515 ILCS 5/20-105 from Ch. 56, par. 20-105
15 520 ILCS 5/3.36 from Ch. 61, par. 3.36
16 625 ILCS 5/7-701
17 625 ILCS 5/7-702
18 625 ILCS 5/7-702.1
19 625 ILCS 5/7-703
20 625 ILCS 5/7-704
21 625 ILCS 5/7-705
22 625 ILCS 5/7-706
23 625 ILCS 5/7-707
24 625 ILCS 5/7-708
25 705 ILCS 205/1 from Ch. 13, par. 1
26 705 ILCS 405/6-9 from Ch. 37, par. 806-9
27 730 ILCS 5/5-7-6 from Ch. 38, par. 1005-7-6
28 735 ILCS 5/2-101 from Ch. 110, par. 2-101
29 750 ILCS 5/505 from Ch. 40, par. 505
30 750 ILCS 5/505.1 from Ch. 40, par. 505.1
31 750 ILCS 5/505.2 from Ch. 40, par. 505.2
32 750 ILCS 5/505.3
33 750 ILCS 5/506 from Ch. 40, par. 506
34 750 ILCS 5/507 from Ch. 40, par. 507
-277- LRB9206548DJgc
1 750 ILCS 5/507.1
2 750 ILCS 5/510 from Ch. 40, par. 510
3 750 ILCS 5/516 from Ch. 40, par. 516
4 750 ILCS 5/705 from Ch. 40, par. 705
5 750 ILCS 5/709 from Ch. 40, par. 709
6 750 ILCS 5/710 from Ch. 40, par. 710
7 750 ILCS 5/712 from Ch. 40, par. 712
8 750 ILCS 16/7
9 750 ILCS 16/20
10 750 ILCS 16/25
11 750 ILCS 16/30
12 750 ILCS 16/35
13 750 ILCS 16/50
14 750 ILCS 16/60
15 750 ILCS 22/101
16 750 ILCS 22/102
17 750 ILCS 22/310
18 750 ILCS 22/320
19 750 ILCS 25/5 from Ch. 40, par. 2705
20 750 ILCS 25/6 from Ch. 40, par. 2706
21 750 ILCS 28/15
22 750 ILCS 28/35
23 750 ILCS 28/45
24 750 ILCS 45/4.1
25 750 ILCS 45/5 from Ch. 40, par. 2505
26 750 ILCS 45/6 from Ch. 40, par. 2506
27 750 ILCS 45/8 from Ch. 40, par. 2508
28 750 ILCS 45/11 from Ch. 40, par. 2511
29 750 ILCS 45/13 from Ch. 40, par. 2513
30 750 ILCS 45/13.1
31 750 ILCS 45/14 from Ch. 40, par. 2514
32 750 ILCS 45/14.1
33 750 ILCS 45/15.1 from Ch. 40, par. 2515.1
34 750 ILCS 45/18 from Ch. 40, par. 2518
-278- LRB9206548DJgc
1 750 ILCS 45/21 from Ch. 40, par. 2521
2 750 ILCS 45/21.1
3 750 ILCS 45/22 from Ch. 40, par. 2522
4 750 ILCS 45/23 from Ch. 40, par. 2523
5 750 ILCS 60/214 from Ch. 40, par. 2312-14
6 820 ILCS 405/1300 from Ch. 48, par. 540