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[ Engrossed ] | [ Enrolled ] | [ Senate Amendment 001 ] |
92_SB2224 LRB9211345DJgc 1 AN ACT in relation to 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 Public Aid Code is amended by 5 changing Sections 10-10, 10-10.4, and 10-17.2 as follows: 6 (305 ILCS 5/10-10) (from Ch. 23, par. 10-10) 7 Sec. 10-10. Court enforcement; applicability also to 8 persons who are not applicants or recipients. Except where 9 the Illinois Department, by agreement, acts for the local 10 governmental unit, as provided in Section 10-3.1, local 11 governmental units shall refer to the State's Attorney or to 12 the proper legal representative of the governmental unit, for 13 judicial enforcement as herein provided, instances of 14 non-support or insufficient support when the dependents are 15 applicants or recipients under Article VI. The Child and 16 Spouse Support Unit established by Section 10-3.1 may 17 institute in behalf of the Illinois Department any actions 18 under this Section for judicial enforcement of the support 19 liability when the dependents are (a) applicants or 20 recipients under Articles III, IV, V or VII; (b) applicants 21 or recipients in a local governmental unit when the Illinois 22 Department, by agreement, acts for the unit; or (c) 23 non-applicants or non-recipients who are receiving support 24 enforcement services under this Article X, as provided in 25 Section 10-1. Where the Child and Spouse Support Unit has 26 exercised its option and discretion not to apply the 27 provisions of Sections 10-3 through 10-8, the failure by the 28 Unit to apply such provisions shall not be a bar to bringing 29 an action under this Section. 30 Action shall be brought in the circuit court to obtain 31 support, or for the recovery of aid granted during the period -2- LRB9211345DJgc 1 such support was not provided, or both for the obtainment of 2 support and the recovery of the aid provided. Actions for 3 the recovery of aid may be taken separately or they may be 4 consolidated with actions to obtain support. Such actions 5 may be brought in the name of the person or persons requiring 6 support, or may be brought in the name of the Illinois 7 Department or the local governmental unit, as the case 8 requires, in behalf of such persons. 9 The court may enter such orders for the payment of moneys 10 for the support of the person as may be just and equitable 11 and may direct payment thereof for such period or periods of 12 time as the circumstances require, including support for a 13 period before the date the order for support is entered. The 14 order may be entered against any or all of the defendant 15 responsible relatives and may be based upon the proportionate 16 ability of each to contribute to the person's support. 17 The Court shall determine the amount of child support 18 (including child support for a period before the date the 19 order for child support is entered) by using the guidelines 20 and standards set forth in subsection (a) of Section 505 and 21 in Section 505.2 of the Illinois Marriage and Dissolution of 22 Marriage Act. For purposes of determining the amount of child 23 support to be paid for a period before the date the order for 24 child support is entered, there is a rebuttable presumption 25 that the responsible relative's net income for that period 26 was the same as his or her net income at the time the order 27 is entered. 28 If (i) the responsible relative was properly served with 29 a request for discovery of financial information relating to 30 the responsible relative's ability to provide child support, 31 (ii) the responsible relative failed to comply with the 32 request, despite having been ordered to do so by the court, 33 and (iii) the responsible relative is not present at the 34 hearing to determine support despite having received proper -3- LRB9211345DJgc 1 notice, then any relevant financial information concerning 2 the responsible relative's ability to provide child support 3 that was obtained pursuant to subpoena and proper notice 4 shall be admitted into evidence without the need to establish 5 any further foundation for its admission. 6 An order entered under this Section shall include a 7 provision requiring the obligor to report to the obligee and 8 to the clerk of court within 10 days each time the obligor 9 obtains new employment, and each time the obligor's 10 employment is terminated for any reason. The report shall be 11 in writing and shall, in the case of new employment, include 12 the name and address of the new employer. Failure to report 13 new employment or the termination of current employment, if 14 coupled with nonpayment of support for a period in excess of 15 60 days, is indirect criminal contempt. For any obligor 16 arrested for failure to report new employment bond shall be 17 set in the amount of the child support that should have been 18 paid during the period of unreported employment. An order 19 entered under this Section shall also include a provision 20 requiring the obligor and obligee parents to advise each 21 other of a change in residence within 5 days of the change 22 except when the court finds that the physical, mental, or 23 emotional health of a party or that of a minor child, or 24 both, would be seriously endangered by disclosure of the 25 party's address. 26 The Court shall determine the amount of maintenance using 27 the standards set forth in Section 504 of the Illinois 28 Marriage and Dissolution of Marriage Act. 29 Any new or existing support order entered by the court 30 under this Section shall be deemed to be a series of 31 judgments against the person obligated to pay support 32 thereunder, each such judgment to be in the amount of each 33 payment or installment of support and each such judgment to 34 be deemed entered as of the date the corresponding payment or -4- LRB9211345DJgc 1 installment becomes due under the terms of the support order. 2 Each such judgment shall have the full force, effect and 3 attributes of any other judgment of this State, including the 4 ability to be enforced. Any such judgment is subject to 5 modification or termination only in accordance with Section 6 510 of the Illinois Marriage and Dissolution of Marriage Act. 7 A lien arises by operation of law against the real and 8 personal property of the noncustodial parent for each 9 installment of overdue support owed by the noncustodial 10 parent. 11 When an order is entered for the support of a minor, the 12 court may provide therein for reasonable visitation of the 13 minor by the person or persons who provided support pursuant 14 to the order. Whoever willfully refuses to comply with such 15 visitation order or willfully interferes with its enforcement 16 may be declared in contempt of court and punished therefor. 17 Except where the local governmental unit has entered into 18 an agreement with the Illinois Department for the Child and 19 Spouse Support Unit to act for it, as provided in Section 20 10-3.1, support orders entered by the court in cases 21 involving applicants or recipients under Article VI shall 22 provide that payments thereunder be made directly to the 23 local governmental unit. Orders for the support of all other 24 applicants or recipients shall provide that payments 25 thereunder be made directly to the Illinois Department. In 26 accordance with federal law and regulations, the Illinois 27 Department may continue to collect current maintenance 28 payments or child support payments, or both, after those 29 persons cease to receive public assistance and until 30 termination of services under Article X. The Illinois 31 Department shall pay the net amount collected to those 32 persons after deducting any costs incurred in making the 33 collection or any collection fee from the amount of any 34 recovery made. In both cases the order shall permit the -5- LRB9211345DJgc 1 local governmental unit or the Illinois Department, as the 2 case may be, to direct the responsible relative or relatives 3 to make support payments directly to the needy person, or to 4 some person or agency in his behalf, upon removal of the 5 person from the public aid rolls or upon termination of 6 services under Article X. 7 If the notice of support due issued pursuant to Section 8 10-7 directs that support payments be made directly to the 9 needy person, or to some person or agency in his behalf, and 10 the recipient is removed from the public aid rolls, court 11 action may be taken against the responsible relative 12 hereunder if he fails to furnish support in accordance with 13 the terms of such notice. 14 Actions may also be brought under this Section in behalf 15 of any person who is in need of support from responsible 16 relatives, as defined in Section 2-11 of Article II who is 17 not an applicant for or recipient of financial aid under this 18 Code. In such instances, the State's Attorney of the county 19 in which such person resides shall bring action against the 20 responsible relatives hereunder. If the Illinois Department, 21 as authorized by Section 10-1, extends the support services 22 provided by this Article to spouses and dependent children 23 who are not applicants or recipients under this Code, the 24 Child and Spouse Support Unit established by Section 10-3.1 25 shall bring action against the responsible relatives 26 hereunder and any support orders entered by the court in such 27 cases shall provide that payments thereunder be made directly 28 to the Illinois Department. 29 Whenever it is determined in a proceeding to establish or 30 enforce a child support or maintenance obligation that the 31 person owing a duty of support is unemployed, the court may 32 order the person to seek employment and report periodically 33 to the court with a diary, listing or other memorandum of his 34 or her efforts in accordance with such order. Additionally, -6- LRB9211345DJgc 1 the court may order the unemployed person to report to the 2 Department of Employment Security for job search services or 3 to make application with the local Job Training Partnership 4 Act provider for participation in job search, training or 5 work programs and where the duty of support is owed to a 6 child receiving support services under this Article X, the 7 court may order the unemployed person to report to the 8 Illinois Department for participation in job search, training 9 or work programs established under Section 9-6 and Article 10 IXA of this Code. 11 Whenever it is determined that a person owes past-due 12 support for a child receiving assistance under this Code, the 13 court shall order at the request of the Illinois Department: 14 (1) that the person pay the past-due support in 15 accordance with a plan approved by the court; or 16 (2) if the person owing past-due support is 17 unemployed, is subject to such a plan, and is not 18 incapacitated, that the person participate in such job 19 search, training, or work programs established under 20 Section 9-6 and Article IXA of this Code as the court 21 deems appropriate. 22 A determination under this Section shall not be 23 administratively reviewable by the procedures specified in 24 Sections 10-12, and 10-13 to 10-13.10. Any determination 25 under these Sections, if made the basis of court action under 26 this Section, shall not affect the de novo judicial 27 determination required under this Section. 28 A one-time charge of 20% is imposable upon the amount of 29 past-due child support owed on July 1, 1988 which has accrued 30 under a support order entered by the court. The charge shall 31 be imposed in accordance with the provisions of Section 10-21 32 of this Code and shall be enforced by the court upon 33 petition. 34 All orders for support, when entered or modified, shall -7- LRB9211345DJgc 1 include a provision requiring the non-custodial parent to 2 notify the court and, in cases in which a party is receiving 3 child and spouse support services under this Article X, the 4 Illinois Department, within 7 days, (i) of the name, address, 5 and telephone number of any new employer of the non-custodial 6 parent, (ii) whether the non-custodial parent has access to 7 health insurance coverage through the employer or other group 8 coverage and, if so, the policy name and number and the names 9 of persons covered under the policy, and (iii) of any new 10 residential or mailing address or telephone number of the 11 non-custodial parent. In any subsequent action to enforce a 12 support order, upon a sufficient showing that a diligent 13 effort has been made to ascertain the location of the 14 non-custodial parent, service of process or provision of 15 notice necessary in the case may be made at the last known 16 address of the non-custodial parent in any manner expressly 17 provided by the Code of Civil Procedure or this Code, which 18 service shall be sufficient for purposes of due process. 19 An order for support shall include a date on which the 20 current support obligation terminates. The termination date 21 shall be no earlier than the date on which the child covered 22 by the order will attain the age of majority or is otherwise 23 emancipated. The order for support shall state that the 24 termination date does not apply to any arrearage that may 25 remain unpaid on that date. Nothing in this paragraph shall 26 be construed to prevent the court from modifying the order. 27 Upon notification in writing or by electronic 28 transmission from the Illinois Department to the clerk of the 29 court that a person who is receiving support payments under 30 this Section is receiving services under the Child Support 31 Enforcement Program established by Title IV-D of the Social 32 Security Act, any support payments subsequently received by 33 the clerk of the court shall be transmitted in accordance 34 with the instructions of the Illinois Department until the -8- LRB9211345DJgc 1 Illinois Department gives notice to the clerk of the court to 2 cease the transmittal. After providing the notification 3 authorized under this paragraph, the Illinois Department 4 shall be a party and entitledas a partyto notice of any 5 further proceedings in the case. The clerk of the court 6 shall file a copy of the Illinois Department's notification 7 in the court file. The clerk's failure to file a copy of the 8 notification in the court file shall not, however, affect the 9 Illinois Department's right to receive notice of further 10 proceedings. 11 Payments under this Section to the Illinois Department 12 pursuant to the Child Support Enforcement Program established 13 by Title IV-D of the Social Security Act shall be paid into 14 the Child Support Enforcement Trust Fund. All payments under 15 this Section to the Illinois Department of Human Services 16 shall be deposited in the DHS Recoveries Trust Fund. 17 Disbursements from these funds shall be as provided in 18 Sections 12-9.1 and 12-10.2 of this Code. Payments received 19 by a local governmental unit shall be deposited in that 20 unit's General Assistance Fund. 21 To the extent the provisions of this Section are 22 inconsistent with the requirements pertaining to the State 23 Disbursement Unit under Sections 10-10.4 and 10-26 of this 24 Code, the requirements pertaining to the State Disbursement 25 Unit shall apply. 26 (Source: P.A. 91-24, eff. 7-1-99; 91-212, eff. 7-20-99; 27 91-357, eff. 7-29-99; 91-767, eff. 6-9-00; 92-16, eff. 28 6-28-01.) 29 (305 ILCS 5/10-10.4) 30 Sec. 10-10.4. Payment of Support to State Disbursement 31 Unit. 32 (a) As used in this Section: 33 "Order for support", "obligor", "obligee", and "payor" -9- LRB9211345DJgc 1 mean those terms as defined in the Income Withholding for 2 Support Act, except that "order for support" shall not mean 3 orders providing for spousal maintenance under which there is 4 no child support obligation. 5 (b) Notwithstanding any other provision of this Code to 6 the contrary, each court or administrative order for support 7 entered or modified on or after October 1, 1999 shall require 8 that support payments be made to the State Disbursement Unit 9 established under Section 10-26 if: 10 (1) a party to the order is receiving childand11spousesupport enforcement services under this Article X; 12 or 13 (2) no party to the order is receiving childand14spousesupport enforcement services, but the support 15 payments are made through income withholding. 16 (c) Support payments shall be made to the State 17 Disbursement Unit if: 18 (1) the order for support was entered before 19 October 1, 1999, and a party to the order is receiving 20 childand spousesupport enforcement services under this 21 Article X; or 22 (2) no party to the order is receiving childand23spousesupport enforcement services, and the support 24 payments are being made through income withholding. 25 (c-5) If no party to the order is receiving childand26spousesupport enforcement services under this Article X, and 27 the support payments are not being made through income 28 withholding, then support payments shall be made as directed 29 in the order for support. 30 (c-10) At any time, and notwithstanding the existence of 31 an order directing payments to be made elsewhere, the 32 Department of Public Aid may provide notice to the obligor 33 and, where applicable, to the obligor's payor: 34 (1) to make support payments to the State -10- LRB9211345DJgc 1 Disbursement Unit if: 2 (A) a party to the order for support is 3 receiving child support enforcement services under 4 this Article X; or 5 (B) no party to the order for support is 6 receiving child support enforcement services under 7 this Article X, but the support payments are made 8 through income withholding; or 9 (2) to make support payments to the State 10 Disbursement Unit of another state upon request of 11 another state's Title IV-D child support enforcement 12 agency, in accordance with the requirements of Title IV, 13 Part D of the Social Security Act and regulations 14 promulgated under that Part D.Within 15 days after the15effective date of this amendatory Act of the 91st General16Assembly, the Illinois Department shall provide written17notice to the clerk of the circuit court, the obligor,18and, where applicable, the obligor's payor to make19payments to the State Disbursement Unit if:20(1) the order for support was entered before21October 1, 1999, and a party to the order is receiving22child and spouse support services under this Article X;23or24(2) no party to the order is receiving child and25spouse support services, and the support payments are26being made through income withholding.27 (c-15) Within 15 days after the effective date of this 28 amendatory Act of the 91st General Assembly, the clerk of the 29 circuit court shall provide written notice to the obligor to 30 make payments directly to the clerk of the circuit court if 31 no party to the order is receiving childand spousesupport 32 enforcement services under this Article X, the support 33 payments are not made through income withholding, and the 34 order for support requires support payments to be made -11- LRB9211345DJgc 1 directly to the clerk of the circuit court. 2 (c-20) If the State Disbursement Unit receives a support 3 payment that was not appropriately made to the Unit under 4 this Section, the Unit shall immediately return the payment 5 to the sender, including, if possible, instructions detailing 6 where to send the support payments. 7 (d) The noticesrequiredunder subsections (c-10) and 8 (c-15) may be sent by ordinary mail, certified mail, return 9 receipt requested, facsimile transmission, or other 10 electronic process, or may be served upon the obligor or 11 payor using any method provided by law for service of a 12 summons. A copy of the notice shall be provided to the 13 obligee and, when the order for support was entered by the 14 court, to the clerk of the court. 15 (Source: P.A. 91-212, eff. 7-20-99; 91-677, eff. 1-5-00.) 16 (305 ILCS 5/10-17.2) (from Ch. 23, par. 10-17.2) 17 Sec. 10-17.2. Income Withholding By Administrative 18 Order. The Illinois Department may provide by rule for entry 19 of an administrative support order containing income 20 withholding provisions and for service and enforcement of an 21 income withholding notice and a National Medical Support 22 Notice, by the Child and Spouse Support Unit based upon and 23 in the same manner as prescribed by the Income Withholding 24 for Support Act. The penalties provided in the Income 25 Withholding for Support Act shall apply hereto and shall be 26 enforced by filing an action under that Act. The rule shall 27 provide for notice to and an opportunity to be heard by the 28 responsible relative affected and any final administrative 29 decision rendered by the Department shall be reviewed only 30 under and in accordance with the Administrative Review Law. 31 (Source: P.A. 90-18, eff. 7-1-97; 90-673, eff. 1-1-99.) 32 Section 10. The Illinois Marriage and Dissolution of -12- LRB9211345DJgc 1 Marriage Act is amended by changing Sections 507 and 507.1 as 2 follows: 3 (750 ILCS 5/507) (from Ch. 40, par. 507) 4 Sec. 507. Payment of maintenance or support to court. 5 (a) In actions instituted under this Act, the court 6 shall order that maintenance and support payments be made to 7 the clerk of court as trustee for remittance to the person 8 entitled to receive the payments. However, the court in its 9 discretion may direct otherwise where circumstances so 10 warrant. 11 Upon notification in writing or by electronic 12 transmission from the Illinois Department of Public Aid to 13 the clerk of the court that a person who is receiving support 14 payments under this Section is receiving services under the 15 Child Support Enforcement Program established by Title IV-D 16 of the Social Security Act, any support payments subsequently 17 received by the clerk of the court shall be transmitted in 18 accordance with the instructions of the Illinois Department 19 of Public Aid until the Department gives notice to the clerk 20 of the court to cease the transmittal. After providing the 21 notification authorized under this paragraph, the Illinois 22 Department of Public Aid shall be a party and entitledas a23partyto notice of any further proceedings in the case. The 24 clerk of the court shall file a copy of the Illinois 25 Department of Public Aid's notification in the court file. 26 The failure of the clerk to file a copy of the notification 27 in the court file shall not, however, affect the Illinois 28 Department of Public Aid's right to receive notice of further 29 proceedings. 30 (b) The clerk of court shall maintain records listing 31 the amount of payments, the date payments are required to be 32 made and the names and addresses of the parties affected by 33 the order. For those cases in which support is payable to the -13- LRB9211345DJgc 1 clerk of the circuit court for transmittal to the Illinois 2 Department of Public Aid by order of the court or upon 3 notification of the Illinois Department of Public Aid, and 4 the Illinois Department of Public Aid collects support by 5 assignment, offset, withholding, deduction or other process 6 permitted by law, the Illinois Department shall notify the 7 clerk of the date and amount of such collection. Upon 8 notification, the clerk shall record the collection on the 9 payment record for the case. 10 (c) The parties affected by the order shall inform the 11 clerk of court of any change of address or of other condition 12 that may affect the administration of the order. 13 (d) The provisions of this Section shall not apply to 14 cases that come under the provisions of Sections 709 through 15 712. 16 (e) To the extent the provisions of this Section are 17 inconsistent with the requirements pertaining to the State 18 Disbursement Unit under Section 507.1 of this Act and Section 19 10-26 of the Illinois Public Aid Code, the requirements 20 pertaining to the State Disbursement Unit shall apply. 21 (Source: P.A. 90-18, eff. 7-1-97; 90-673, eff. 1-1-99; 22 90-790, eff. 8-14-98; 91-212, eff. 7-20-99; 91-357, eff. 23 7-29-99.) 24 (750 ILCS 5/507.1) 25 Sec. 507.1. Payment of Support to State Disbursement 26 Unit. 27 (a) As used in this Section: 28 "Order for support", "obligor", "obligee", and "payor" 29 mean those terms as defined in the Income Withholding for 30 Support Act, except that "order for support" shall not mean 31 orders providing for spousal maintenance under which there is 32 no child support obligation. 33 (b) Notwithstanding any other provision of this Act to -14- LRB9211345DJgc 1 the contrary, each order for support entered or modified on 2 or after October 1, 1999 shall require that support payments 3 be made to the State Disbursement Unit established under 4 Section 10-26 of the Illinois Public Aid Code if: 5 (1) a party to the order is receiving childand6spousesupport enforcement services under Article X of 7 the Illinois Public Aid Code; or 8 (2) no party to the order is receiving childand9spousesupport enforcement services, but the support 10 payments are made through income withholding. 11 (c) Support payments shall be made to the State 12 Disbursement Unit if: 13 (1) the order for support was entered before 14 October 1, 1999, and a party to the order is receiving 15 childand spousesupport enforcement services under 16 Article X of the Illinois Public Aid Code; or 17 (2) no party to the order is receiving childand18spousesupport enforcement services, and the support 19 payments are being made through income withholding. 20 (c-5) If no party to the order is receiving childand21spousesupport enforcement services under Article X of the 22 Illinois Public Aid Code, and the support payments are not 23 made through income withholding, then support payments shall 24 be made as directed by the order for support. 25 (c-10) At any time, and notwithstanding the existence of 26 an order directing payments to be made elsewhere, the 27 Department of Public Aid may provide notice to the obligor 28 and, where applicable, to the obligor's payor: 29 (1) to make support payments to the State 30 Disbursement Unit if: 31 (A) a party to the order for support is 32 receiving child support enforcement services under 33 Article X of the Illinois Public Aid Code; or 34 (B) no party to the order for support is -15- LRB9211345DJgc 1 receiving child support enforcement services under 2 Article X of the Illinois Public Aid Code, but the 3 support payments are made through income 4 withholding; or 5 (2) to make support payments to the State 6 Disbursement Unit of another state upon request of 7 another state's Title IV-D child support enforcement 8 agency, in accordance with the requirements of Title IV, 9 Part D of the Social Security Act and regulations 10 promulgated under that Part D. 11 The Department of Public Aid shall provide a copy of the 12 notice to the obligee and to the clerk of the circuit court. 13Within 15 days after the effective date of this amendatory14Act of the 91st General Assembly, the Illinois Department15shall provide written notice to the clerk of the circuit16court, the obligor, and, where applicable, the obligor's17payor to make payments to the State Disbursement Unit if:18(1) the order for support was entered before19October 1, 1999, and a party to the order is receiving20child and spouse support services under Article X of the21Illinois Public Aid Code; or22(2) no party to the order is receiving child and23spouse support services, and the support payments are24being made through income withholding.25 (c-15) Within 15 days after the effective date of this 26 amendatory Act of the 91st General Assembly, the clerk of the 27 circuit court shall provide written notice to the obligor to 28 make payments directly to the clerk of the circuit court if 29 no party to the order is receiving childand spousesupport 30 enforcement services under Article X of the Illinois Public 31 Aid Code, the support payments are not made through income 32 withholding, and the order for support requires support 33 payments to be made directly to the clerk of the circuit 34 court. The clerk shall provide a copy of the notice to the -16- LRB9211345DJgc 1 obligee. 2 (c-20) If the State Disbursement Unit receives a support 3 payment that was not appropriately made to the Unit under 4 this Section, the Unit shall immediately return the payment 5 to the sender, including, if possible, instructions detailing 6 where to send the support payment. 7 (d) The noticesrequiredunder subsections (c-10) and 8 (c-15) may be sent by ordinary mail, certified mail, return 9 receipt requested, facsimile transmission, or other 10 electronic process, or may be served upon the obligor or 11 payor using any method provided by law for service of a 12 summons.The Illinois Department of Public Aid shall provide13a copy of the notice to the obligee and to the clerk of the14court.15 (Source: P.A. 91-212, eff. 7-20-99; 91-677, eff. 1-5-00.) 16 Section 15. The Non-Support Punishment Act is amended by 17 changing Section 25 as follows: 18 (750 ILCS 16/25) 19 Sec. 25. Payment of support to State Disbursement Unit; 20 clerk of the court. 21 (a) As used in this Section, "order for support", 22 "obligor", "obligee", and "payor" mean those terms as defined 23 in the Income Withholding for Support Act. 24 (b) Each order for support entered or modified under 25 Section 20 of this Act shall require that support payments be 26 made to the State Disbursement Unit established under the 27 Illinois Public Aid Code, under the following circumstances: 28 (1) when a party to the order is receiving childand29spousesupport enforcement services under Article X of 30 the Illinois Public Aid Code; or 31 (2) when no party to the order is receiving child 32and spousesupport enforcement services, but the support -17- LRB9211345DJgc 1 payments are made through income withholding. 2 (c) When no party to the order is receiving childand3spousesupport enforcement services, and payments are not 4 being made through income withholding, the court shall order 5 the obligor to make support payments to the clerk of the 6 court. 7 (d) At any time, and notwithstanding the existence of an 8 order directing payments to be made elsewhere, the Department 9 of Public Aid may provide notice to the obligor and, where 10 applicable, to the obligor's payor: 11 (1) to make support payments to the State 12 Disbursement Unit if: 13 (A) a party to the order for support is 14 receiving child support enforcement services under 15 Article X of the Illinois Public Aid Code; or 16 (B) no party to the order for support is 17 receiving child support enforcement services under 18 Article X of the Illinois Public Aid Code, but the 19 support payments are made through income 20 withholding; or 21 (2) to make support payments to the State 22 Disbursement Unit of another state upon request of 23 another state's Title IV-D child support enforcement 24 agency, in accordance with the requirements of Title IV, 25 Part D of the Social Security Act and regulations 26 promulgated under that Part D. 27 The Department of Public Aid shall provide a copy of the 28 notice to the obligee and to the clerk of the circuit court. 29In the case of an order for support entered by the court30under this Act before a party commenced receipt of child and31spouse support services, upon receipt of these services by a32party the Illinois Department of Public Aid shall provide33notice to the obligor to send any support payments he or she34makes personally to the State Disbursement Unit until further-18- LRB9211345DJgc 1direction of the Department. The Department shall provide a2copy of the notice to the obligee and to the clerk of the3court.4 (e) If a State Disbursement Unit as specified by federal 5 law has not been created in Illinois upon the effective date 6 of this Act, then, until the creation of a State Disbursement 7 Unit as specified by federal law, the following provisions 8 regarding payment and disbursement of support payments shall 9 control and the provisions in subsections (a), (b), (c), and 10 (d) shall be inoperative. Upon the creation of a State 11 Disbursement Unit as specified by federal law,this12subsection (e) shall be inoperative andthe payment and 13 disbursement provisions of subsections (a), (b), (c), and (d) 14 shall control, and this subsection (e) shall be inoperative 15 to the extent that it conflicts with those subsections. 16 (1) In cases in which an order for support is 17 entered under Section 20 of this Act, the court shall 18 order that maintenance and support payments be made to 19 the clerk of the court for remittance to the person or 20 agency entitled to receive the payments. However, the 21 court in its discretion may direct otherwise where 22 exceptional circumstances so warrant. 23 (2) The court shall direct that support payments be 24 sent by the clerk to (i) the Illinois Department of 25 Public Aid if the person in whose behalf payments are 26 made is receiving aid under Articles III, IV, or V of the 27 Illinois Public Aid Code, or child and spouse support 28 services under Article X of the Code, or (ii) to the 29 local governmental unit responsible for the support of 30 the person if he or she is a recipient under Article VI 31 of the Code. In accordance with federal law and 32 regulations, the Illinois Department of Public Aid may 33 continue to collect current maintenance payments or child 34 support payments, or both, after those persons cease to -19- LRB9211345DJgc 1 receive public assistance and until termination of 2 services under Article X of the Illinois Public Aid Code. 3 The Illinois Department shall pay the net amount 4 collected to those persons after deducting any costs 5 incurred in making the collection or any collection fee 6 from the amount of any recovery made. The order shall 7 permit the Illinois Department of Public Aid or the local 8 governmental unit, as the case may be, to direct that 9 support payments be made directly to the spouse, 10 children, or both, or to some person or agency in their 11 behalf, upon removal of the spouse or children from the 12 public aid rolls or upon termination of services under 13 Article X of the Illinois Public Aid Code; and upon such 14 direction, the Illinois Department or the local 15 governmental unit, as the case requires, shall give 16 notice of such action to the court in writing or by 17 electronic transmission. 18 (3) The clerk of the court shall establish and 19 maintain current records of all moneys received and 20 disbursed and of delinquencies and defaults in required 21 payments. The court, by order or rule, shall make 22 provision for the carrying out of these duties. 23 (4) Upon notification in writing or by electronic 24 transmission from the Illinois Department of Public Aid 25 to the clerk of the court that a person who is receiving 26 support payments under this Section is receiving services 27 under the Child Support Enforcement Program established 28 by Title IV-D of the Social Security Act, any support 29 payments subsequently received by the clerk of the court 30 shall be transmitted in accordance with the instructions 31 of the Illinois Department of Public Aid until the 32 Department gives notice to cease the transmittal. After 33 providing the notification authorized under this 34 paragraph, the Illinois Department of Public Aid shall be -20- LRB9211345DJgc 1 a party and entitled to notice of any further proceedings 2 in the case. The clerk of the court shall file a copy of 3 the Illinois Department of Public Aid's notification in 4 the court file. The failure of the clerk to file a copy 5 of the notification in the court file shall not, however, 6 affect the Illinois Department of Public Aid's rights as 7 a party or its right to receive notice of further 8 proceedings. 9 (5) Payments under this Section to the Illinois 10 Department of Public Aid pursuant to the Child Support 11 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 other payments under this 14 Section to the Illinois Department of Public Aid shall be 15 deposited in the Public Assistance Recoveries Trust Fund. 16 Disbursements from these funds shall be as provided in 17 the Illinois Public Aid Code. Payments received by a 18 local governmental unit shall be deposited in that unit's 19 General Assistance Fund. 20 (6) For those cases in which child support is 21 payable to the clerk of the circuit court for transmittal 22 to the Illinois Department of Public Aid by order of 23 court or upon notification by the Illinois Department of 24 Public Aid, the clerk shall transmit all such payments, 25 within 4 working days of receipt, to insure that funds 26 are available for immediate distribution by the 27 Department to the person or entity entitled thereto in 28 accordance with standards of the Child Support 29 Enforcement Program established under Title IV-D of the 30 Social Security Act. The clerk shall notify the 31 Department of the date of receipt and amount thereof at 32 the time of transmittal. Where the clerk has entered 33 into an agreement of cooperation with the Department to 34 record the terms of child support orders and payments -21- LRB9211345DJgc 1 made thereunder directly into the Department's automated 2 data processing system, the clerk shall account for, 3 transmit and otherwise distribute child support payments 4 in accordance with such agreement in lieu of the 5 requirements contained herein. 6 (Source: P.A. 91-613, eff. 10-1-99.) 7 Section 20. The Uniform Interstate Family Support Act is 8 amended by changing Section 320 as follows: 9 (750 ILCS 22/320) 10 Sec. 320. Payment of Support to State Disbursement Unit. 11 (a) As used in this Section: 12 "Order for support", "obligor", "obligee", and "payor" 13 mean those terms as defined in the Income Withholding for 14 Support Act, except that "order for support" means an order 15 entered by any tribunal of this State but shall not mean 16 orders providing for spousal maintenance under which there is 17 no child support obligation. 18 (b) Notwithstanding any other provision of this Act to 19 the contrary, each order for support entered or modified on 20 or after October 1, 1999 shall require that support payments 21 be made to the State Disbursement Unit established under 22 Section 10-26 of the Illinois Public Aid Code if: 23 (1) a party to the order is receiving childand24spousesupport enforcement services under Article X of 25 the Illinois Public Aid Code; or 26 (2) no party to the order is receiving childand27spousesupport enforcement services, but the support 28 payments are made through income withholding. 29 (c) Support payments shall be made to the State 30 Disbursement Unit if: 31 (1) the order for support was entered before 32 October 1, 1999, and a party to the order is receiving -22- LRB9211345DJgc 1 childand spousesupport enforcement services under 2 Article X of the Illinois Public Aid Code; or 3 (2) no party to the order is receiving childand4spousesupport enforcement services, and the support 5 payments are being made through income withholding. 6 (c-5) If no party to the order is receiving childand7spousesupport enforcement services under Article X of the 8 Illinois Public Aid Code, and the support payments are not 9 made through income withholding, then support payments shall 10 be made as directed by the order for support. 11 (c-10) At any time, and notwithstanding the existence of 12 an order directing payments to be made elsewhere, the 13 Department of Public Aid may provide notice to the obligor 14 and, where applicable, to the obligor's payor: 15 (1) to make support payments to the State 16 Disbursement Unit if: 17 (A) a party to the order for support is 18 receiving child support enforcement services under 19 Article X of the Illinois Public Aid Code; or 20 (B) no party to the order for support is 21 receiving child support enforcement services under 22 Article X of the Illinois Public Aid Code, but the 23 support payments are made through income 24 withholding; or 25 (2) to make support payments to the State 26 Disbursement Unit of another state upon request of 27 another state's Title IV-D child support enforcement 28 agency, in accordance with the requirements of Title IV, 29 Part D of the Social Security Act and regulations 30 promulgated under that Part D. 31 The Department of Public Aid shall provide a copy of the 32 notice to the obligee and to the clerk of the circuit court. 33Within 15 days after the effective date of this amendatory34Act of the 91st General Assembly, the Illinois Department-23- LRB9211345DJgc 1shall provide written notice to the clerk of the circuit2court, the obligor, and, where applicable, the obligor's3payor to make payments to the State Disbursement Unit if:4(1) the order for support was entered before5October 1, 1999, and a party to the order is receiving6child and spouse support services under Article X of the7Illinois Public Aid Code; or8(2) no party to the order is receiving child and9spouse support services, and the support payments are10being made through income withholding.11 (c-15) Within 15 days after the effective date of this 12 amendatory Act of the 91st General Assembly, the clerk of the 13 circuit court shall provide written notice to the obligor to 14 make payments directly to the clerk of the circuit court if 15 no party to the order is receiving childand spousesupport 16 enforcement services under Article X of the Illinois Public 17 Aid Code, the support payments are not made through income 18 withholding, and the order for support requires support 19 payments to be made directly to the clerk of the circuit 20 court. The clerk shall provide a copy of the notice to the 21 obligee. 22 (c-20) If the State Disbursement Unit receives a support 23 payment that was not appropriately made to the Unit under 24 this Section, the Unit shall immediately return the payment 25 to the sender, including, if possible, instructions detailing 26 where to send the support payments. 27 (d) The noticesrequiredunder subsections (c-10) and 28 (c-15) may be sent by ordinary mail, certified mail, return 29 receipt requested, facsimile transmission, or other 30 electronic process, or may be served upon the obligor or 31 payor using any method provided by law for service of a 32 summons.The Illinois Department of Public Aid shall provide33a copy of the notice to the obligee and to the clerk of the34court.-24- LRB9211345DJgc 1 (Source: P.A. 91-677, eff. 1-5-00.) 2 Section 25. The Income Withholding for Support Act is 3 amended by changing Sections 15 and 35 and adding Section 22 4 as follows: 5 (750 ILCS 28/15) 6 Sec. 15. Definitions. 7 (a) "Order for support" means any order of the court 8 which provides for periodic payment of funds for the support 9 of a child or maintenance of a spouse, whether temporary or 10 final, and includes any such order which provides for: 11 (1) modification or resumption of, or payment of 12 arrearage accrued under, a previously existing order; 13 (2) reimbursement of support; 14 (3) payment or reimbursement of the expenses of 15 pregnancy and delivery (for orders for support entered 16 under the Illinois Parentage Act of 1984 or its 17 predecessor the Paternity Act); or 18 (4) enrollment in a health insurance plan that is 19 available to the obligor through an employer or labor 20 union or trade union. 21 (b) "Arrearage" means the total amount of unpaid support 22 obligations as determined by the court and incorporated into 23 an order for support. 24 (b-5) "Business day" means a day on which State offices 25 are open for regular business. 26 (c) "Delinquency" means any payment under an order for 27 support which becomes due and remains unpaid after entry of 28 the order for support. 29 (d) "Income" means any form of periodic payment to an 30 individual, regardless of source, including, but not limited 31 to: wages, salary, commission, compensation as an independent 32 contractor, workers' compensation, disability, annuity, -25- LRB9211345DJgc 1 pension, and retirement benefits, lottery prize awards, 2 insurance proceeds, vacation pay, bonuses, profit-sharing 3 payments, interest, and any other payments, made by any 4 person, private entity, federal or state government, any unit 5 of local government, school district or any entity created by 6 Public Act; however, "income" excludes: 7 (1) any amounts required by law to be withheld, 8 other than creditor claims, including, but not limited 9 to, federal, State and local taxes, Social Security and 10 other retirement and disability contributions; 11 (2) union dues; 12 (3) any amounts exempted by the federal Consumer 13 Credit Protection Act; 14 (4) public assistance payments; and 15 (5) unemployment insurance benefits except as 16 provided by law. 17 Any other State or local laws which limit or exempt 18 income or the amount or percentage of income that can be 19 withheld shall not apply. 20 (e) "Obligor" means the individual who owes a duty to 21 make payments under an order for support. 22 (f) "Obligee" means the individual to whom a duty of 23 support is owed or the individual's legal representative. 24 (g) "Payor" means any payor of income to an obligor. 25 (h) "Public office" means any elected official or any 26 State or local agency which is or may become responsible by 27 law for enforcement of, or which is or may become authorized 28 to enforce, an order for support, including, but not limited 29 to: the Attorney General, the Illinois Department of Public 30 Aid, the Illinois Department of Human Services, the Illinois 31 Department of Children and Family Services, and the various 32 State's Attorneys, Clerks of the Circuit Court and 33 supervisors of general assistance. 34 (i) "Premium" means the dollar amount for which the -26- LRB9211345DJgc 1 obligor is liable to his employer or labor union or trade 2 union and which must be paid to enroll or maintain a child in 3 a health insurance plan that is available to the obligor 4 through an employer or labor union or trade union. 5 (j) "State Disbursement Unit" means the unit established 6 to collect and disburse support payments in accordance with 7 the provisions of Section 10-26 of the Illinois Public Aid 8 Code. 9 (k) "Title IV-D Agency" means the agency of this State 10 charged by law with the duty to administer the child support 11 enforcement program established under Title IV, Part D of the 12 Social Security Act and Article X of the Illinois Public Aid 13 Code. 14 (l) "Title IV-D case" means a case in which an obligee 15 or obligor is receiving child support enforcement services 16 under Title IV, Part D of the Social Security Act and Article 17 X of the Illinois Public Aid Code. 18 (m) "National Medical Support Notice" means the notice 19 required for enforcement of orders for support providing for 20 health insurance coverage of a child under Title IV, Part D 21 of the Social Security Act, the Employee Retirement Income 22 Security Act of 1974, and federal regulations promulgated 23 under those Acts. 24 (n) "Employer" means a payor or labor union or trade 25 union with an employee group health insurance plan and, for 26 purposes of the National Medical Support Notice, also 27 includes but is not limited to: 28 (1) any State or local governmental agency with a 29 group health insurance plan; and 30 (2) any payor with a group health insurance plan or 31 "church plan" covered under the Employee Retirement 32 Income Security Act of 1974. 33 (Source: P.A. 90-673, eff. 1-1-99; incorporates P.A. 90-790, 34 eff. 8-14-98; 91-212, eff. 7-20-99; 91-357, eff. 7-29-99.) -27- LRB9211345DJgc 1 (750 ILCS 28/22 new) 2 Sec. 22. Use of National Medical Support Notice to 3 enforce health insurance coverage. 4 (a) Notwithstanding the provisions of subdivision (c)(4) 5 of Section 20, when an order for support is being enforced by 6 the Title IV-D Agency under this Act, any requirement for 7 health insurance coverage to be provided through an employer, 8 including withholding of premiums from the income of the 9 obligor, shall be enforced through use of a National Medical 10 Support Notice instead of through provisions in an income 11 withholding notice. 12 (b) A National Medical Support Notice may be served on 13 the employer in the manner and under the circumstances 14 provided for serving an income withholding notice under this 15 Act, except that an order for support that conditions service 16 of an income withholding notice on the obligor becoming 17 delinquent in paying the order for support, as provided under 18 subdivision (a)(1) of Section 20, shall not prevent immediate 19 service of a National Medical Support Notice by the Title 20 IV-D Agency. The Title IV-D Agency may serve a National 21 Medical Support Notice on an employer in conjunction with 22 service of an income withholding notice. Service of an income 23 withholding notice is not a condition for service of a 24 National Medical Support Notice, however. 25 (c) At the time of service of a National Medical Support 26 Notice on the employer, the Title IV-D Agency shall serve a 27 copy of the Notice on the obligor by ordinary mail addressed 28 to the obligor's last known address. The Title IV-D Agency 29 shall file a copy of the National Medical Support Notice, 30 together with proofs of service on the employer and the 31 obligor, with the clerk of the circuit court. 32 (d) Within 20 business days after the date of a National 33 Medical Support Notice, an employer served with the Notice 34 shall transfer the severable notice to plan administrator to -28- LRB9211345DJgc 1 the appropriate group health plan providing any health 2 insurance coverage for which the child is eligible. As 3 required in the part of the National Medical Support Notice 4 directed to the employer, the employer shall withhold any 5 employee premium necessary for coverage of the child and 6 shall send any amount withheld directly to the plan. The 7 employer shall commence the withholding no later than the 8 next payment of income that occurs 14 days following the date 9 the National Medical Support Notice was mailed, sent by 10 facsimile or other electronic means, or placed for personal 11 delivery to or service on the employer. 12 Notwithstanding the requirement to withhold premiums from 13 the obligor's income, if the plan administrator informs the 14 employer that the child is enrolled in an option under the 15 plan for which the employer has determined that the obligor's 16 premium exceeds the amount that may be withheld from the 17 obligor's income due to the withholding limitation or 18 prioritization contained in this Act, the employer shall 19 complete the appropriate item in the part of the National 20 Medical Support Notice directed to the employer according to 21 the instructions in the Notice and shall return that part to 22 the Title IV-D Agency. 23 (e) If one of the following circumstances exists, an 24 employer served with a National Medical Support Notice shall 25 complete the part of the Notice directed to the employer in 26 accordance with the instructions in the Notice and shall 27 return that part to the Title IV-D Agency within 20 business 28 days after the date of the Notice: 29 (1) The employer does not maintain or contribute to 30 plans providing dependent or family health insurance 31 coverage. 32 (2) The obligor is among a class of employees that 33 is not eligible for family health insurance coverage 34 under any group health plan maintained by the employer or -29- LRB9211345DJgc 1 to which the employer contributes. 2 (3) Health insurance coverage is not available 3 because the obligor is no longer employed by the 4 employer. 5 (f) The administrator of a health insurance plan to whom 6 an employer has transferred the severable notice to plan 7 administrator part of a National Medical Support Notice shall 8 complete that part with the health insurance coverage 9 information required under the instructions in the Notice and 10 shall return that part to the Title IV-D Agency within 40 11 business days after the date of the Notice. 12 (g) The obligor may contest withholding under this 13 Section based only on a mistake of fact and may contest 14 withholding by filing a petition with the clerk of the 15 circuit court within 20 days after service of a copy of the 16 National Medical Support Notice on the obligor. The obligor 17 must serve a copy of the petition on the Title IV-D Agency at 18 the address stated in the National Medical Support Notice. 19 The National Medical Support Notice, including the 20 requirement to withhold any required premium, shall continue 21 to be binding on the employer until the employer is served 22 with a court order resolving the contest or until notified by 23 the Title IV-D Agency. 24 (h) Whenever the obligor is no longer receiving income 25 from the employer, the employer shall return a copy of the 26 National Medical Support Notice to the Title IV-D Agency and 27 shall provide information for the purpose of enforcing health 28 insurance coverage under this Section. 29 (i) The Title IV-D Agency shall promptly notify the 30 employer when there is no longer a current order for health 31 insurance coverage in effect which the Title IV-D Agency is 32 responsible for enforcing. 33 (j) Unless stated otherwise in this Section, all of the 34 provisions of this Act relating to income withholding for -30- LRB9211345DJgc 1 support shall pertain to income withholding for health 2 insurance coverage under a National Medical Support Notice, 3 including but not limited to the duties of the employer and 4 obligor, and the penalties contained in Section 35 and 5 Section 50. In addition, an employer who willfully fails to 6 transfer the severable notice to plan administrator part of a 7 National Medical Support Notice to the appropriate group 8 health plan providing health insurance coverage for which the 9 child is eligible, within 20 business days after the date of 10 the Notice, is liable for the full amount of medical expenses 11 incurred by or on behalf of the child which would have been 12 paid or reimbursed by the health insurance coverage had the 13 severable notice to plan administrator part of the Notice 14 been timely transferred to the group health insurance plan. 15 This penalty may be collected in a civil action that may be 16 brought against the employer in favor of the obligee or the 17 Title IV-D Agency. 18 (k) To the extent that any other State or local law may 19 be construed to limit or prevent compliance by an employer or 20 health insurance plan administrator with the requirements of 21 this Section and federal law and regulations pertaining to 22 the National Medical Support Notice, that State or local law 23 shall not apply. 24 (l) As the Title IV-D Agency, the Department of Public 25 Aid shall adopt any rules necessary for use of and compliance 26 with the National Medical Support Notice. 27 (750 ILCS 28/35) 28 Sec. 35. Duties of payor. 29 (a) It shall be the duty of any payor who has been 30 served with an income withholding notice to deduct and pay 31 over income as provided in this Section. The payor shall 32 deduct the amount designated in the income withholding 33 notice, as supplemented by any notice provided pursuant to -31- LRB9211345DJgc 1 subsection (f) of Section 45, beginning no later than the 2 next payment of income which is payable or creditable to the 3 obligor that occurs 14 days following the date the income 4 withholding notice was mailed, sent by facsimile or other 5 electronic means, or placed for personal delivery to or 6 service on the payor. The payor may combine all amounts 7 withheld for the benefit of an obligee or public office into 8 a single payment and transmit the payment with a listing of 9 obligors from whom withholding has been effected. The payor 10 shall pay the amount withheld to the State Disbursement Unit 11 within 7 business days after the date the amount would (but 12 for the duty to withhold income) have been paid or credited 13 to the obligor. If the payor knowingly fails to pay any 14 amount withheld to the State Disbursement Unit within 7 15 business days after the date the amount would have been paid 16 or credited to the obligor, the payor shall pay a penalty of 17 $100 for each day that the withheld amount is not paid to the 18 State Disbursement Unit after the period of 7 business days 19 has expired. The failure of a payor, on more than one 20 occasion, to pay amounts withheld to the State Disbursement 21 Unit within 7 business days after the date the amount would 22 have been paid or credited to the obligor creates a 23 presumption that the payor knowingly failed to pay over the 24 amounts. This penalty may be collected in a civil action 25 which may be brought against the payor in favor of the 26 obligee or public office. A finding of a payor's 27 nonperformance within the time required under this Act must 28 be documented by a certified mail return receipt showing the 29 date the income withholding notice was served on the payor. 30 For purposes of this Act, a withheld amount shall be 31 considered paid by a payor on the date it is mailed by the 32 payor, or on the date an electronic funds transfer of the 33 amount has been initiated by the payor, or on the date 34 delivery of the amount has been initiated by the payor. For -32- LRB9211345DJgc 1 each deduction, the payor shall provide the State 2 Disbursement Unit, at the time of transmittal, with the date 3 the amount would (but for the duty to withhold income) have 4 been paid or credited to the obligor. 5 After June 30, 2000, every payor that has 250 or more 6 employees shall use electronic funds transfer to pay all 7 amounts withheld under this Section. During the year 2001 8 and during each year thereafter, every payor that has fewer 9 than 250 employees and that withheld income under this 10 Section pursuant to 10 or more income withholding notices 11 during December of the preceding year shall use electronic 12 funds transfer to pay all amounts withheld under this 13 Section. 14 Upon receipt of an income withholding notice requiring 15 that a minor child be named as a beneficiary of a health 16 insurance plan available through an employer or labor union 17 or trade union, the employer or labor union or trade union 18 shall immediately enroll the minor child as a beneficiary in 19 the health insurance plan designated by the income 20 withholding notice. The employer shall withhold any required 21 premiums and pay over any amounts so withheld and any 22 additional amounts the employer pays to the insurance carrier 23 in a timely manner. The employer or labor union or trade 24 union shall mail to the obligee, within 15 days of enrollment 25 or upon request, notice of the date of coverage, information 26 on the dependent coverage plan, and all forms necessary to 27 obtain reimbursement for covered health expenses, such as 28 would be made available to a new employee. When an order for 29 dependent coverage is in effect and the insurance coverage is 30 terminated or changed for any reason, the employer or labor 31 union or trade union shall notify the obligee within 10 days 32 of the termination or change date along with notice of 33 conversion privileges. 34 For withholding of income, the payor shall be entitled to -33- LRB9211345DJgc 1 receive a fee not to exceed $5 per month to be taken from the 2 income to be paid to the obligor. 3 (b) Whenever the obligor is no longer receiving income 4 from the payor, the payor shall return a copy of the income 5 withholding notice to the obligee or public office and shall 6 provide information for the purpose of enforcing this Act. 7 (c) Withholding of income under this Act shall be made 8 without regard to any prior or subsequent garnishments, 9 attachments, wage assignments, or any other claims of 10 creditors. Withholding of income under this Act shall not be 11 in excess of the maximum amounts permitted under the federal 12 Consumer Credit Protection Act. If the payor has been served 13 with more than one income withholding notice pertaining to 14 the same obligor, the payor shall allocate income available 15 for withholding on a proportionate share basis, giving 16 priority to current support payments. If there is any income 17 available for withholding after withholding for all current 18 support obligations, the payor shall allocate the income to 19 past due support payments ordered in cases in which cash 20 assistance under the Illinois Public Aid Code is not being 21 provided to the obligee and then to past due support payments 22 ordered in cases in which cash assistance under the Illinois 23 Public Aid Code is being provided to the obligee, both on a 24 proportionate share basis. The payor shall give priority to 25 withholding for cash support and then to withholding of 26 premiums for health insurance coverage. A payor who complies 27 with an income withholding notice that is regular on its face 28 shall not be subject to civil liability with respect to any 29 individual, any agency, or any creditor of the obligor for 30 conduct in compliance with the notice. 31 (d) No payor shall discharge, discipline, refuse to hire 32 or otherwise penalize any obligor because of the duty to 33 withhold income. 34 (Source: P.A. 90-673, eff. 1-1-99; 91-212, eff. 7-20-99; -34- LRB9211345DJgc 1 91-677, eff. 1-5-00.) 2 Section 30. The Illinois Parentage Act of 1984 is 3 amended by changing Sections 21 and 21.1 as follows: 4 (750 ILCS 45/21) (from Ch. 40, par. 2521) 5 Sec. 21. Support payments; receiving and disbursing 6 agents. 7 (1) In an action filed in a county of less than 3 8 million population in which an order for child support is 9 entered, and in supplementary proceedings in such a county to 10 enforce or vary the terms of such order arising out of an 11 action filed in such a county, the court, except in actions 12 or supplementary proceedings in which the pregnancy and 13 delivery expenses of the mother or the child support payments 14 are for a recipient of aid under the Illinois Public Aid 15 Code, shall direct that child support payments be made to the 16 clerk of the court unless in the discretion of the court 17 exceptional circumstances warrant otherwise. In cases where 18 payment is to be made to persons other than the clerk of the 19 court the judgment or order of support shall set forth the 20 facts of the exceptional circumstances. 21 (2) In an action filed in a county of 3 million or more 22 population in which an order for child support is entered, 23 and in supplementary proceedings in such a county to enforce 24 or vary the terms of such order arising out of an action 25 filed in such a county, the court, except in actions or 26 supplementary proceedings in which the pregnancy and delivery 27 expenses of the mother or the child support payments are for 28 a recipient of aid under the Illinois Public Aid Code, shall 29 direct that child support payments be made either to the 30 clerk of the court or to the Court Service Division of the 31 County Department of Public Aid, or to the clerk of the court 32 or to the Illinois Department of Public Aid, unless in the -35- LRB9211345DJgc 1 discretion of the court exceptional circumstances warrant 2 otherwise. In cases where payment is to be made to persons 3 other than the clerk of the court, the Court Service Division 4 of the County Department of Public Aid, or the Illinois 5 Department of Public Aid, the judgment or order of support 6 shall set forth the facts of the exceptional circumstances. 7 (3) Where the action or supplementary proceeding is in 8 behalf of a mother for pregnancy and delivery expenses or for 9 child support, or both, and the mother, child, or both, are 10 recipients of aid under the Illinois Public Aid Code, the 11 court shall order that the payments be made directly to (a) 12 the Illinois Department of Public Aid if the mother or child, 13 or both, are recipients under Articles IV or V of the Code, 14 or (b) the local governmental unit responsible for the 15 support of the mother or child, or both, if they are 16 recipients under Articles VI or VII of the Code. In 17 accordance with federal law and regulations, the Illinois 18 Department of Public Aid may continue to collect current 19 maintenance payments or child support payments, or both, 20 after those persons cease to receive public assistance and 21 until termination of services under Article X of the Illinois 22 Public Aid Code. The Illinois Department of Public Aid shall 23 pay the net amount collected to those persons after deducting 24 any costs incurred in making the collection or any collection 25 fee from the amount of any recovery made. The Illinois 26 Department of Public Aid or the local governmental unit, as 27 the case may be, may direct that payments be made directly to 28 the mother of the child, or to some other person or agency in 29 the child's behalf, upon the removal of the mother and child 30 from the public aid rolls or upon termination of services 31 under Article X of the Illinois Public Aid Code; and upon 32 such direction, the Illinois Department or the local 33 governmental unit, as the case requires, shall give notice of 34 such action to the court in writing or by electronic -36- LRB9211345DJgc 1 transmission. 2 (4) All clerks of the court and the Court Service 3 Division of a County Department of Public Aid and the 4 Illinois Department of Public Aid, receiving child support 5 payments under paragraphs (1) or (2) shall disburse the same 6 to the person or persons entitled thereto under the terms of 7 the order. They shall establish and maintain clear and 8 current records of all moneys received and disbursed and of 9 defaults and delinquencies in required payments. The court, 10 by order or rule, shall make provision for the carrying out 11 of these duties. 12 Upon notification in writing or by electronic 13 transmission from the Illinois Department of Public Aid to 14 the clerk of the court that a person who is receiving support 15 payments under this Section is receiving services under the 16 Child Support Enforcement Program established by Title IV-D 17 of the Social Security Act, any support payments subsequently 18 received by the clerk of the court shall be transmitted in 19 accordance with the instructions of the Illinois Department 20 of Public Aid until the Department gives notice to cease the 21 transmittal. After providing the notification authorized 22 under this paragraph, the Illinois Department of Public Aid 23 shall be a party and entitledas a partyto notice of any 24 further proceedings in the case. The clerk of the court 25 shall file a copy of the Illinois Department of Public Aid's 26 notification in the court file. The failure of the clerk to 27 file a copy of the notification in the court file shall not, 28 however, affect the Illinois Department of Public Aid's right 29 to receive notice of further proceedings. 30 Payments under this Section to the Illinois Department of 31 Public Aid pursuant to the Child Support Enforcement Program 32 established by Title IV-D of the Social Security Act shall be 33 paid into the Child Support Enforcement Trust Fund. All 34 payments under this Section to the Illinois Department of -37- LRB9211345DJgc 1 Human Services shall be deposited in the DHS Recoveries Trust 2 Fund. Disbursement from these funds shall be as provided in 3 the Illinois Public Aid Code. Payments received by a local 4 governmental unit shall be deposited in that unit's General 5 Assistance Fund. 6 (5) The moneys received by persons or agencies 7 designated by the court shall be disbursed by them in 8 accordance with the order. However, the court, on petition 9 of the state's attorney, may enter new orders designating the 10 clerk of the court or the Illinois Department of Public Aid, 11 as the person or agency authorized to receive and disburse 12 child support payments and, in the case of recipients of 13 public 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 or to the 16 appropriate local governmental unit, as provided in paragraph 17 (3). Payments of child support by principals or sureties on 18 bonds, or proceeds of any sale for the enforcement of a 19 judgment shall be made to the clerk of the court, the 20 Illinois Department of Public Aid or the appropriate local 21 governmental unit, as the respective provisions of this 22 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 by order of court or upon 26 notification by the Illinois Department of Public Aid, the 27 clerk shall transmit all such payments, within 4 working days 28 of receipt, to insure that funds are available for immediate 29 distribution by the Department to the person or entity 30 entitled thereto in accordance with standards of the Child 31 Support Enforcement Program established under Title IV-D of 32 the Social Security Act. The clerk shall notify the 33 Department of the date of receipt and amount thereof at the 34 time of transmittal. Where the clerk has entered into an -38- LRB9211345DJgc 1 agreement of cooperation with the Department to record the 2 terms of child support orders and payments made thereunder 3 directly into the Department's automated data processing 4 system, the clerk shall account for, transmit and otherwise 5 distribute child support payments in accordance with such 6 agreement in lieu of the requirements contained herein. 7 (7) To the extent the provisions of this Section are 8 inconsistent with the requirements pertaining to the State 9 Disbursement Unit under Section 21.1 of this Act and Section 10 10-26 of the Illinois Public Aid Code, the requirements 11 pertaining to the State Disbursement Unit shall apply. 12 (Source: P.A. 91-24, eff. 7-1-99; 91-212, eff. 7-20-99; 13 91-357, eff. 7-29-99; 92-16, eff. 6-28-01.) 14 (750 ILCS 45/21.1) 15 Sec. 21.1. Payment of Support to State Disbursement Unit. 16 (a) As used in this Section: 17 "Order for support", "obligor", "obligee", and "payor" 18 mean those terms as defined in the Income Withholding for 19 Support Act, except that "order for support" shall not mean 20 orders providing for spousal maintenance under which there is 21 no child support obligation. 22 (b) Notwithstanding any other provision of this Act to 23 the contrary, each order for support entered or modified on 24 or after October 1, 1999 shall require that support payments 25 be made to the State Disbursement Unit established under 26 Section 10-26 of the Illinois Public Aid Code if: 27 (1) a party to the order is receiving childand28spousesupport enforcement services under Article X of 29 the Illinois Public Aid Code; or 30 (2) no party to the order is receiving childand31spousesupport enforcement services, but the support 32 payments are made through income withholding. 33 (c) Support payments shall be made to the State -39- LRB9211345DJgc 1 Disbursement Unit if: 2 (1) the order for support was entered before 3 October 1, 1999, and a party to the order is receiving 4 childand spousesupport enforcement services under 5 Article X of the Illinois Public Aid Code; or 6 (2) no party to the order is receiving childand7spousesupport enforcement services, and the support 8 payments are being made through income withholding. 9 (c-5) If no party to the order is receiving childand10spousesupport enforcement services under Article X of the 11 Illinois Public Aid Code, and the support payments are not 12 made through income withholding, then support payments shall 13 be made as directed by the order for support. 14 (c-10) At any time, and notwithstanding the existence of 15 an order directing payments to be made elsewhere, the 16 Department of Public Aid may provide notice to the obligor 17 and, where applicable, to the obligor's payor: 18 (1) to make support payments to the State 19 Disbursement Unit if: 20 (A) a party to the order for support is 21 receiving child support enforcement services under 22 Article X of the Illinois Public Aid Code; or 23 (B) no party to the order for support is 24 receiving child support enforcement services under 25 Article X of the Illinois Public Aid Code, but the 26 support payments are made through income 27 withholding; or 28 (2) to make support payments to the State 29 Disbursement Unit of another state upon request of 30 another state's Title IV-D child support enforcement 31 agency, in accordance with the requirements of Title IV, 32 Part D of the Social Security Act and regulations 33 promulgated under that Part D. 34 The Department of Public Aid shall provide a copy of the -40- LRB9211345DJgc 1 notice to the obligee and to the clerk of the circuit court. 2Within 15 days after the effective date of this amendatory3Act of the 91st General Assembly, the Illinois Department4shall provide written notice to the clerk of the circuit5court, the obligor, and, where applicable, the obligor's6payor to make payments to the State Disbursement Unit if:7(1) the order for support was entered before8October 1, 1999, and a party to the order is receiving9child and spouse support services under Article X of the10Illinois Public Aid Code; or11(2) no party to the order is receiving child and12spouse support services, and the support payments are13being made through income withholding.14 (c-15) Within 15 days after the effective date of this 15 amendatory Act of the 91st General Assembly, the clerk of the 16 circuit court shall provide written notice to the obligor to 17 directly to the clerk of the circuit court if no party to the 18 order is receiving childand spousesupport enforcement 19 services under Article X of the Illinois Public Aid Code, the 20 support payments are not made through income withholding, and 21 the order for support requires support payments to be made 22 directly to the clerk of the circuit court. The clerk shall 23 provide a copy of the notice to the obligee. 24 (c-20) If the State Disbursement Unit receives a support 25 payment that was not appropriately made to the Unit under 26 this Section, the Unit shall immediately return the payment 27 to the sender, including, if possible, instructions detailing 28 where to send the support payments. 29 (d) The noticesrequiredunder subsections (c-10) and 30 (c-15) may be sent by ordinary mail, certified mail, return 31 receipt requested, facsimile transmission, or other 32 electronic process, or may be served upon the obligor or 33 payor using any method provided by law for service of a 34 summons.The Illinois Department of Public Aid shall provide-41- LRB9211345DJgc 1a copy of the notice to the obligee and to the clerk of the2court.3 (Source: P.A. 91-212, eff. 7-20-99; 91-677, eff. 1-5-00.) 4 Section 99. Effective date. This Act takes effect on 5 July 1, 2002.