State of Illinois
92nd General Assembly
Legislation

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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 entitled as a party to 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 child and
11        spouse support enforcement services under this Article X;
12        or
13             (2)  no party to the order is  receiving  child  and
14        spouse  support  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        child  and spouse support enforcement services under this
21        Article X; or
22             (2)  no party to the order is  receiving  child  and
23        spouse  support  enforcement  services,  and  the support
24        payments are being made through income withholding.
25        (c-5)  If no party to the order is  receiving  child  and
26    spouse support 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  the
15        effective date of this amendatory Act of the 91st General
16        Assembly,  the  Illinois Department shall provide written
17        notice to the clerk of the circuit  court,  the  obligor,
18        and,  where  applicable,  the  obligor's  payor  to  make
19        payments to the State Disbursement Unit if:
20             (1)  the   order  for  support  was  entered  before
21        October 1, 1999, and a party to the  order  is  receiving
22        child  and  spouse support services under this Article X;
23        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-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 child and spouse support
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 notices required under  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 entitled  as  a
23    party  to 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  child  and
 6        spouse  support  enforcement  services under Article X of
 7        the Illinois Public Aid Code; or
 8             (2)  no party to the order is  receiving  child  and
 9        spouse  support  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        child  and  spouse  support  enforcement  services  under
16        Article X of the Illinois Public Aid Code; or
17             (2)  no  party  to  the order is receiving child and
18        spouse support  enforcement  services,  and  the  support
19        payments are being made through income withholding.
20        (c-5)  If  no  party  to the order is receiving child and
21    spouse support 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.
13    Within  15  days  after the effective date of this amendatory
14    Act of the 91st General  Assembly,  the  Illinois  Department
15    shall  provide  written  notice  to  the clerk of the circuit
16    court, the obligor,  and,  where  applicable,  the  obligor's
17    payor to make payments to the State 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        child  and spouse support services under Article X of the
21        Illinois Public Aid Code; or
22             (2)  no party to the order is  receiving  child  and
23        spouse  support  services,  and  the support payments are
24        being 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 child and spouse support
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  notices  required  under 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 provide
13    a  copy  of the notice to the obligee and to the clerk of the
14    court.
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 child and
29        spouse  support  enforcement  services under Article X of
30        the Illinois Public Aid Code; or
31             (2) when no party to the order  is  receiving  child
32        and  spouse support enforcement services, but the support
 
                            -17-               LRB9211345DJgc
 1        payments are made through income withholding.
 2        (c) When no party to the order  is  receiving  child  and
 3    spouse  support  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.
29    In the case of an order for  support  entered  by  the  court
30    under  this Act before a party commenced receipt of child and
31    spouse support services, upon receipt of these services by  a
32    party  the  Illinois  Department  of Public Aid shall provide
33    notice to the obligor to send any support payments he or  she
34    makes personally to the State Disbursement Unit until further
 
                            -18-               LRB9211345DJgc
 1    direction  of the Department.  The Department shall provide a
 2    copy of the notice to the obligee and to  the  clerk  of  the
 3    court.
 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,  this
12    subsection (e) shall  be  inoperative  and  the  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  child  and
24        spouse  support  enforcement  services under Article X of
25        the Illinois Public Aid Code; or
26             (2)  no party to the order is  receiving  child  and
27        spouse  support  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        child  and  spouse  support  enforcement  services  under
 2        Article X of the Illinois Public Aid Code; or
 3             (2)  no  party  to  the order is receiving child and
 4        spouse support  enforcement  services,  and  the  support
 5        payments are being made through income withholding.
 6        (c-5)  If  no  party  to the order is receiving child and
 7    spouse support 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.
33    Within  15  days  after the effective date of this amendatory
34    Act of the 91st General  Assembly,  the  Illinois  Department
 
                            -23-               LRB9211345DJgc
 1    shall  provide  written  notice  to  the clerk of the circuit
 2    court, the obligor,  and,  where  applicable,  the  obligor's
 3    payor to make payments to the State Disbursement Unit if:
 4             (1)  the   order  for  support  was  entered  before
 5        October 1, 1999, and a party to the  order  is  receiving
 6        child  and spouse support services under Article X of the
 7        Illinois Public Aid Code; or
 8             (2)  no party to the order is  receiving  child  and
 9        spouse  support  services,  and  the support payments are
10        being 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 child and spouse support
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  notices  required  under 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 provide
33    a  copy  of the notice to the obligee and to the clerk of the
34    court.
 
                            -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 entitled as a party to 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 child and
28        spouse support enforcement services under  Article  X  of
29        the Illinois Public Aid Code; or
30             (2)  no  party  to  the order is receiving child and
31        spouse support  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        child  and  spouse  support  enforcement  services  under
 5        Article X of the Illinois Public Aid Code; or
 6             (2)  no party to the order is  receiving  child  and
 7        spouse  support  enforcement  services,  and  the support
 8        payments are being made through income withholding.
 9        (c-5)  If no party to the order is  receiving  child  and
10    spouse  support  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.
 2    Within 15 days after the effective date  of  this  amendatory
 3    Act  of  the  91st  General Assembly, the Illinois Department
 4    shall provide written notice to  the  clerk  of  the  circuit
 5    court,  the  obligor,  and,  where  applicable, the obligor's
 6    payor to make payments to the State Disbursement Unit if:
 7             (1)  the  order  for  support  was  entered   before
 8        October  1,  1999,  and a party to the order is receiving
 9        child and spouse support services under Article X of  the
10        Illinois Public Aid Code; or
11             (2)  no  party  to  the order is receiving child and
12        spouse support services, and  the  support  payments  are
13        being 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  child  and  spouse  support 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 notices required under  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
 1    a copy of the notice to the obligee and to the clerk  of  the
 2    court.
 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.

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