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| [ Introduced ] | [ Enrolled ] | [ Senate Amendment 001 ] |
92_SB2224eng SB2224 Engrossed 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 2. The Children and Family Services Act is 5 amended by changing Section 9.1 as follows: 6 (20 ILCS 505/9.1) (from Ch. 23, par. 5009.1) 7 Sec. 9.1. The parents or guardians of the estates of 8 children accepted for care and training under the Juvenile 9 Court Act or the Juvenile Court Act of 1987, or through a 10 voluntary placement agreement with the parents or guardians 11 shall be liable for the payment to the Department, or to a 12 licensed or approved child care facility designated by the 13 Department of sums representing charges for the care and 14 training of those children at a rate to be determined by the 15 Department. The Department shall establish a standard by 16 which shall be measured the ability of parents or guardians 17 to pay for the care and training of their children, and shall 18 implement the standard by rules governing its application. 19 The standard and the rules shall take into account ability to 20 pay as measured by annual income and family size. Medical or 21 other treatment provided on behalf of the family may also be 22 taken into account in determining ability to pay if the 23 Department concludes that such treatment is appropriate. 24 In addition, the Department may provide by rule for 25 referral of Title IV-E foster care maintenance cases to the 26 Department of Public Aid for child support enforcement 27 services under Title IV-D of the Social Security Act. The 28 Department shall consider "good cause" as defined in 29 regulations promulgated under Title IV-A of the Social 30 Security Act, among other criteria, when determining whether 31 to refer a case and, upon referral, the parent or guardian of SB2224 Engrossed -2- LRB9211345DJgc 1 the estate of a child who is receiving Title IV-E foster care 2 maintenance payments shall be deemed to have made an 3 assignment to the Department of any and all rights, title and 4 interest in any support obligation on behalf of a child. The 5 rights to support assigned to the Department shall constitute 6 an obligation owed the State by the person who is responsible 7 for providing the support, and shall be collectible under all 8 applicable processes. 9 The acceptance of children for services or care shall not 10 be limited or conditioned in any manner on the financial 11 status or ability of parents or guardians to make such 12 payments. 13 (Source: P.A. 85-1209; 86-1311.) 14 Section 5. The Illinois Public Aid Code is amended by 15 changing Sections 9-6, 10-1, 10-3, 10-3.1, 10-4, 10-7, 10-8, 16 10-8.1, 10-10, 10-10.1, 10-10.4, 10-11, 10-11.1, 10-12.1, 17 10-13, 10-14, 10-14.1, 10-15, 10-17.2, 10-17.7, 10-26, and 18 12-8 as follows: 19 (305 ILCS 5/9-6) (from Ch. 23, par. 9-6) 20 Sec. 9-6. Job Search, Training and Work Programs. The 21 Illinois Department and local governmental units shall 22 initiate, promote and develop job search, training and work 23 programs which will provide employment for and contribute to 24 the training and experience of persons receiving aid under 25 Articles III, V, and VI. 26 The job search, training and work programs shall be 27 designed to preserve and improve the work habits and skills 28 of recipients for whom jobs are not otherwise immediately 29 available and to provide training and experience for 30 recipients who lack the skills required for such employment 31 opportunities as are or may become available. The Illinois 32 Department and local governmental unit shall determine by SB2224 Engrossed -3- LRB9211345DJgc 1 rule those classes of recipients who shall be subject to 2 participation in such programs. If made subject to 3 participation, every applicant for or recipient of public aid 4 who is determined to be "able to engage in employment", as 5 defined by the Department or local governmental unit pursuant 6 to rules and regulations, for whom unsubsidized jobs are not 7 otherwise immediately available shall be required to 8 participate in any program established under this Section. 9 The Illinois Department shall establish with the Director 10 of Central Management Services an outreach and training 11 program designed to encourage and assist recipients 12 participating in job search, training and work programs to 13 participate in open competitive examinations for trainee and 14 other entry level positions to maximize opportunities for 15 placement on open competitive eligible listings and referral 16 to State agencies for employment consideration. 17 The Department shall provide payment for transportation, 18 day-care and Workers' Compensation costs which occur for 19 recipients as a result of participating in job search, 20 training and work programs as described in this Section. The 21 Department may decline to initiate such programs in areas 22 where eligible recipients would be so few in number as to not 23 economically justify such programs; and in this event the 24 Department shall not require persons in such areas to 25 participate in any job search, training, or work programs 26 whatsoever as a condition of their continued receipt of, or 27 application for, aid. 28 The programs may include, but shall not be limited to, 29 service in child care centers, in preschool programs as 30 teacher aides and in public health programs as home visitors 31 and health aides; the maintenance of or services required in 32 connection with public offices, buildings and grounds; state, 33 county and municipal hospitals, forest preserves, parks, 34 playgrounds, streets and highways, and other governmental SB2224 Engrossed -4- LRB9211345DJgc 1 maintenance or construction directed toward environmental 2 improvement; and similar facilities. 3 The Illinois Department or local governmental units may 4 enter into agreements with local taxing bodies and private 5 not-for-profit organizations, agencies and institutions to 6 provide for the supervision and administration of job search, 7 work and training projects authorized by this Section. Such 8 agreements shall stipulate the requirements for utilization 9 of recipients in such projects. In addition to any other 10 requirements dealing with the administration of these 11 programs, the Department shall assure, pursuant to rules and 12 regulations, that: 13 (a) Recipients may not displace regular employees. 14 (b) The maximum number of hours of mandatory work 15 is 8 hours per day and 40 hours per week, not to exceed 16 120 hours per month. 17 (c) The maximum number of hours per month shall be 18 determined by dividing the recipient's benefits by the 19 federal minimum wage, rounded to the lowest full hour. 20 "Recipient's benefits" in this subsection includes: (i) 21 both cash assistance and food stamps provided to the 22 entire assistance unit or household by the Illinois 23 Department where the job search, work and training 24 program is administered by the Illinois Department and, 25 where federal programs are involved, includes all such 26 cash assistance and food stamps provided to the greatest 27 extent allowed by federal law; or (ii) includes only cash 28 assistance provided to the entire assistance unit by the 29 local governmental unit where the job search, work and 30 training program is administered by the local 31 governmental unit. 32 (d) The recipient shall be provided or compensated 33 for transportation to and from the work location. 34 (e) Appropriate terms regarding recipient SB2224 Engrossed -5- LRB9211345DJgc 1 compensation are met. 2 Local taxing bodies and private not-for-profit 3 organizations, agencies and institutions which utilize 4 recipients in job search, work and training projects 5 authorized by this Section are urged to include such 6 recipients in the formulation of their employment policies. 7 Unless directly paid by an employing local taxing body or 8 not-for-profit agency, a recipient participating in a work 9 project who meets all requirements set forth by the Illinois 10 Department shall receive credit towards his or her monthly 11 assistance benefits for work performed based upon the 12 applicable minimum wage rate. Where a recipient is paid 13 directly by an employing agency, the Illinois Department or 14 local governmental unit shall provide for payment to such 15 employing entity the appropriate amount of assistance 16 benefits to which the recipient would otherwise be entitled 17 under this Code. 18 The Illinois Department or its designee, including local 19 governmental units, may enter into agreements with the 20 agencies or institutions providing work under programs 21 established hereunder for payment to each such employer 22 (hereinafter called "public service employer") of all or a 23 portion of the wages to be paid to persons for the work 24 performed and other appropriate costs. 25 If the number of persons receiving aid under Article VI 26 is insufficient to justify the establishment of job search, 27 training and work programs on a local basis by a local 28 governmental unit, or if for other good cause the 29 establishment of a local program is impractical or 30 unwarranted, the local governmental unit shall cooperate with 31 other local governmental units, with civic and non-profit 32 community agencies, and with the Illinois Department in 33 developing a program or programs which will jointly serve the 34 participating governmental units and agencies. SB2224 Engrossed -6- LRB9211345DJgc 1 A local governmental unit receiving State funds shall 2 refer all recipients able to engage in employment to such job 3 search, training and work programs as are established, 4 whether within or without the governmental unit, and as are 5 accessible to persons receiving aid from the governmental 6 unit. The Illinois Department shall withhold allocation of 7 state funds to any governmental unit which fails or refuses 8 to make such referrals. 9 Participants in job search, training and work programs 10 shall be required to maintain current registration for 11 regular employment under Section 11-10 and to accept any bona 12 fide offer of regular employment. They shall likewise be 13 required to accept education, work and training opportunities 14 available to them under other provisions of this Code or 15 Federal law. The Illinois Department or local governmental 16 unit shall provide by rule for periodic review of the 17 circumstances of each participant to determine the 18 feasibility of his placement in regular employment or other 19 work, education and training opportunities. 20 Moneys made available for public aid purposes under 21 Articles IV and VI may be expended to pay public service 22 employers all or a portion of the wages of public service 23 employees and other appropriate costs, to provide necessary 24 supervisory personnel and equipment, to purchase Workers' 25 Compensation Insurance or to pay Workers' Compensation 26 claims, and to provide transportation to and from work sites. 27 The Department shall provide through rules and 28 regulations for sanctions against applicants and recipients 29 of aid under this Code who fail to cooperate with the 30 regulations and requirements established pursuant to this 31 Section. Such sanctions may include the loss of eligibility 32 to receive aid under Article VI of this Code for up to 3 33 months. 34 The Department, in cooperation with a local governmental SB2224 Engrossed -7- LRB9211345DJgc 1 unit, may maintain a roster of persons who are required to 2 participate in a local job search, training and work program. 3 In such cases, the roster shall be available for inspection 4 by employers for the selection of possible workers. 5 In addition to the programs authorized by this Section, 6 the Illinois Department is authorized to administer any job 7 search, training or work projects in conjunction with the 8 Federal Food Stamp Program, either under this Section or 9 under other regulations required by the Federal government. 10 The Illinois Department may also administer pilot 11 programs to provide job search, training and work programs to 12 unemployed parents of children receiving child support 13 enforcement services under Article X of this Code. 14 (Source: P.A. 92-111, eff. 1-1-02.) 15 (305 ILCS 5/10-1) (from Ch. 23, par. 10-1) 16 Sec. 10-1. Declaration of Public Policy - Persons 17 Eligible for Childand SpouseSupport Enforcement Services - 18 Fees for Non-Applicants and Non-Recipients.) It is the intent 19 of this Code that the financial aid and social welfare 20 services herein provided supplement rather than supplant the 21 primary and continuing obligation of the family unit for 22 self-support to the fullest extent permitted by the resources 23 available to it. This primary and continuing obligation 24 applies whether the family unit of parents and children or of 25 husband and wife remains intact and resides in a common 26 household or whether the unit has been broken by absence of 27 one or more members of the unit. The obligation of the 28 family unit is particularly applicable when a member is in 29 necessitous circumstances and lacks the means of a livelihood 30 compatible with health and well-being. 31 It is the purpose of this Article to provide for locating 32 an absent parent or spouse, for determining his financial 33 circumstances, and for enforcing his legal obligation of SB2224 Engrossed -8- LRB9211345DJgc 1 support, if he is able to furnish support, in whole or in 2 part. The Illinois Department of Public Aid shall give 3 priority to establishing, enforcing and collecting the 4 current support obligation, and then to past due support owed 5 to the family unit, except with respect to collections 6 effected through the intercept programs provided for in this 7 Article. 8 The childand spousesupport enforcement services 9 provided hereunder shall be furnished dependents of an absent 10 parent or spouse who are applicants for or recipients of 11 financial aid under this Code. It is not, however, a 12 condition of eligibility for financial aid that there be no 13 responsible relatives who are reasonably able to provide 14 support. Nor, except as provided in Sections 4-1.7 and 10-8, 15 shall the existence of such relatives or their payment of 16 support contributions disqualify a needy person for financial 17 aid. 18 By accepting financial aid under this Code, a spouse or a 19 parent or other person having custody of a child shall be 20 deemed to have made assignment to the Illinois Department for 21 aid under Articles III, IV, V and VII or to a local 22 governmental unit for aid under Article VI of any and all 23 rights, title, and interest in any support obligation up to 24 the amount of financial aid provided. The rights to support 25 assigned to the Illinois Department of Public Aid or local 26 governmental unit shall constitute an obligation owed the 27 State or local governmental unit by the person who is 28 responsible for providing the support, and shall be 29 collectible under all applicable processes. 30 The Illinois Department of Public Aid shall also furnish 31 the childand spousesupport enforcement services established 32 under this Article in behalf of persons who are not 33 applicants for or recipients of financial aid under this Code 34 in accordance with the requirements of Title IV, Part D of SB2224 Engrossed -9- LRB9211345DJgc 1 the Social Security Act. The Department may establish a 2 schedule of reasonable fees, to be paid for the services 3 provided and may deduct a collection fee, not to exceed 10% 4 of the amount collected, from such collection. The Illinois 5 Department of Public Aid shall cause to be published and 6 distributed publications reasonably calculated to inform the 7 public that individuals who are not recipients of or 8 applicants for public aid under this Code are eligible for 9 the childand spousesupport enforcement services under this 10 Article X. Such publications shall set forth an explanation, 11 in plain language, that the childand spousesupport 12 enforcement services program is independent of any public aid 13 program under the Code and that the receiving of childand14spousesupport enforcement servicesservicein no way implies 15 that the person receiving such servicesserviceis receiving 16 public aid. 17 (Source: P.A. 90-18, eff. 7-1-97.) 18 (305 ILCS 5/10-3) (from Ch. 23, par. 10-3) 19 Sec. 10-3. Standard and Regulations for Determining 20 Ability to Support.)The Illinois Department shall establish 21 a standard by which shall be measured the ability of 22 responsible relatives to provide support, and shall implement 23 the standard by rules governing its application. The 24 standard and the rules shall take into account the buying and 25 consumption patterns of self-supporting persons of modest 26 income, present or future contingencies having direct bearing 27 on maintenance of the relative's self-support status and 28 fulfillment of his obligations to his immediate family, and 29 any unusual or exceptional circumstances including 30 estrangement or other personal or social factors, that have a 31 bearing on family relationships and the relative's ability to 32 meet his support obligations. The standard shall be 33 recomputed periodically to reflect changes in the cost of SB2224 Engrossed -10- LRB9211345DJgc 1 living and other pertinent factors. 2 In addition to the standard, the Illinois Department may 3 establish guidelines to be used exclusively to measure the 4 ability of responsible relatives to provide support on behalf 5 of applicants for or recipients of financial aid under 6 Article IV of this Act and other persons who are given access 7 to the childand spousesupport enforcement services of this 8 Article as provided in Section 10-1. In such case, the 9 Illinois Department shall base the guidelines upon the 10 applicable provisions of Sections 504, 505 and 505.2 of the 11 Illinois Marriage and Dissolution of Marriage Act, as 12 amended, and shall implement such guidelines by rules 13 governing their application. 14 The term "administrativeadministrationenforcement 15 unit", when used in this Article, means local governmental 16 units or the Child and Spouse Support Unit established under 17 Section 10-3.1 when exercising the powers designated in this 18 Article. The administrative enforcement unit shall apply the 19 standard or guidelines, rules and procedures provided for by 20 this Section and Sections 10-4 through 10-8 in determining 21 the ability of responsible relatives to provide support for 22 applicants for or recipients of financial aid under this 23 Code, except that the administrative enforcement unit may 24 apply such standard or guidelines, rules and procedures at 25 its discretion with respect to those applicants for or 26 recipients of financial aid under Article IV and other 27 persons who are given access to the childand spousesupport 28 enforcement services of this Article as provided by Section 29 10-1. 30 (Source: P.A. 86-649; revised 12-13-01.) 31 (305 ILCS 5/10-3.1) (from Ch. 23, par. 10-3.1) 32 Sec. 10-3.1. Child and Spouse Support Unit. The 33 Illinois Department shall establish within its administrative SB2224 Engrossed -11- LRB9211345DJgc 1 staff a Child and Spouse Support Unit to search for and 2 locate absent parents and spouses liable for the support of 3 persons resident in this State and to exercise the support 4 enforcement powers and responsibilities assigned the 5 Department by this Article. The unit shall cooperate with 6 all law enforcement officials in this State and with the 7 authorities of other States in locating persons responsible 8 for the support of persons resident in other States and shall 9 invite the cooperation of these authorities in the 10 performance of its duties. 11 In addition to other duties assigned the Child and Spouse 12 Support Unit by this Article, the Unit may refer to the 13 Attorney General or units of local government with the 14 approval of the Attorney General, any actions under Sections 15 10-10 and 10-15 for judicial enforcement of the support 16 liability. The Child and Spouse Support Unit shall act for 17 the Department in referring to the Attorney General support 18 matters requiring judicial enforcement under other laws. If 19 requested by the Attorney General to so act, as provided in 20 Section 12-16, attorneys of the Unit may assist the Attorney 21 General or themselves institute actions in behalf of the 22 Illinois Department under the Revised Uniform Reciprocal 23 Enforcement of Support Act; under the Illinois Parentage Act 24 of 1984; under the Non-Support of Spouse and Children Act; 25 under the Non-Support Punishment Act; or under any other law, 26 State or Federal, providing for support of a spouse or 27 dependent child. 28 The Illinois Department shall also have the authority to 29 enter into agreements with local governmental units or 30 individuals, with the approval of the Attorney General, for 31 the collection of moneys owing because of the failure of a 32 parent to make child support payments for any child receiving 33 services under this Article. Such agreements may be on a 34 contingent fee basis, but such contingent fee shall not SB2224 Engrossed -12- LRB9211345DJgc 1 exceed 25% of the total amount collected. 2 An attorney who provides representation pursuant to this 3 Section shall represent the Illinois Department exclusively. 4 Regardless of the designation of the plaintiff in an action 5 brought pursuant to this Section, an attorney-client 6 relationship does not exist for purposes of that action 7 between that attorney and (i) an applicant for or recipient 8 of childand spousesupport enforcement services or (ii) any 9 other party to the action other than the Illinois Department. 10 Nothing in this Section shall be construed to modify any 11 power or duty (including a duty to maintain confidentiality) 12 of the Child and Spouse Support Unit or the Illinois 13 Department otherwise provided by law. 14 The Illinois Department may also enter into agreements 15 with local governmental units for the Child and Spouse 16 Support Unit to exercise the investigative and enforcement 17 powers designated in this Article, including the issuance of 18 administrative orders under Section 10-11, in locating 19 responsible relatives and obtaining support for persons 20 applying for or receiving aid under Article VI. Payments for 21 defrayment of administrative costs and support payments 22 obtained shall be deposited into the DHS Recoveries Trust 23 Fund. Support payments shall be paid over to the General 24 Assistance Fund of the local governmental unit at such time 25 or times as the agreement may specify. 26 With respect to those cases in which it has support 27 enforcement powers and responsibilities under this Article, 28 the Illinois Department may provide by rule for periodic or 29 other review of each administrative and court order for 30 support to determine whether a modification of the order 31 should be sought. The Illinois Department shall provide for 32 and conduct such review in accordance with any applicable 33 federal law and regulation. 34 As part of its process for review of orders for support, SB2224 Engrossed -13- LRB9211345DJgc 1 the Illinois Department, through written notice, may require 2 the responsible relative to disclose his or her Social 3 Security Number and past and present information concerning 4 the relative's address, employment, gross wages, deductions 5 from gross wages, net wages, bonuses, commissions, number of 6 dependent exemptions claimed, individual and dependent health 7 insurance coverage, and any other information necessary to 8 determine the relative's ability to provide support in a case 9 receiving childand spousesupport enforcement services under 10 this Article X. 11 The Illinois Department may send a written request for 12 the same information to the relative's employer. The 13 employer shall respond to the request for information within 14 15 days after the date the employer receives the request. If 15 the employer willfully fails to fully respond within the 16 15-day period, the employer shall pay a penalty of $100 for 17 each day that the response is not provided to the Illinois 18 Department after the 15-day period has expired. The penalty 19 may be collected in a civil action which may be brought 20 against the employer in favor of the Illinois Department. 21 A written request for information sent to an employer 22 pursuant to this Section shall consist of (i) a citation of 23 this Section as the statutory authority for the request and 24 for the employer's obligation to provide the requested 25 information, (ii) a returnable form setting forth the 26 employer's name and address and listing the name of the 27 employee with respect to whom information is requested, and 28 (iii) a citation of this Section as the statutory authority 29 authorizing the employer to withhold a fee of up to $20 from 30 the wages or income to be paid to each responsible relative 31 for providing the information to the Illinois Department 32 within the 15-day period. If the employer is withholding 33 support payments from the responsible relative's income 34 pursuant to an order for withholding, the employer may SB2224 Engrossed -14- LRB9211345DJgc 1 withhold the fee provided for in this Section only after 2 withholding support as required under the order. Any amounts 3 withheld from the responsible relative's income for payment 4 of support and the fee provided for in this Section shall not 5 be in excess of the amounts permitted under the federal 6 Consumer Credit Protection Act. 7 In a case receiving childand spousesupport enforcement 8 services, the Illinois Department may request and obtain 9 information from a particular employer under this Section no 10 more than once in any 12-month period, unless the information 11 is necessary to conduct a review of a court or administrative 12 order for support at the request of the person receiving 13 childand spousesupport enforcement services. 14 The Illinois Department shall establish and maintain an 15 administrative unit to receive and transmit to the Child and 16 Spouse Support Unit information supplied by persons applying 17 for or receiving childand spousesupport enforcement 18 services under Section 10-1. In addition, the Illinois 19 Department shall address and respond to any alleged 20 deficiencies that persons receiving or applying for services 21 from the Child and Spouse Support Unit may identify 22 concerning the Child and Spouse Support Unit's provision of 23 childand spousesupport enforcement services. Within 60 days 24 after an action or failure to act by the Child and Spouse 25 Support Unit that affects his or her case, a recipient of or 26 applicant for childand spousesupport enforcement services 27 under Article X of this Code may request an explanation of 28 the Unit's handling of the case. At the requestor's option, 29 the explanation may be provided either orally in an 30 interview, in writing, or both. If the Illinois Department 31 fails to respond to the request for an explanation or fails 32 to respond in a manner satisfactory to the applicant or 33 recipient within 30 days from the date of the request for an 34 explanation, the applicant or recipient may request a SB2224 Engrossed -15- LRB9211345DJgc 1 conference for further review of the matter by the Office of 2 the Administrator of the Child and Spouse Support Unit. A 3 request for a conference may be submitted at any time within 4 60 days after the explanation has been provided by the Child 5 and Spouse Support Unit or within 60 days after the time for 6 providing the explanation has expired. 7 The applicant or recipient may request a conference 8 concerning any decision denying or terminating childor9spousesupport enforcement services under Article X of this 10 Code, and the applicant or recipient may also request a 11 conference concerning the Unit's failure to provide services 12 or the provision of services in an amount or manner that is 13 considered inadequate. For purposes of this Section, the 14 Child and Spouse Support Unit includes all local governmental 15 units or individuals with whom the Illinois Department has 16 contracted under Section 10-3.1. 17 Upon receipt of a timely request for a conference, the 18 Office of the Administrator shall review the case. The 19 applicant or recipient requesting the conference shall be 20 entitled, at his or her option, to appear in person or to 21 participate in the conference by telephone. The applicant or 22 recipient requesting the conference shall be entitled to be 23 represented and to be afforded a reasonable opportunity to 24 review the Illinois Department's file before or at the 25 conference. At the conference, the applicant or recipient 26 requesting the conference shall be afforded an opportunity to 27 present all relevant matters in support of his or her claim. 28 Conferences shall be without cost to the applicant or 29 recipient requesting the conference and shall be conducted by 30 a representative of the Child or Spouse Support Unit who did 31 not participate in the action or inaction being reviewed. 32 The Office of the Administrator shall conduct a 33 conference and inform all interested parties, in writing, of 34 the results of the conference within 60 days from the date of SB2224 Engrossed -16- LRB9211345DJgc 1 filing of the request for a conference. 2 In addition to its other powers and responsibilities 3 established by this Article, the Child and Spouse Support 4 Unit shall conduct an annual assessment of each institution's 5 program for institution based paternity establishment under 6 Section 12 of the Vital Records Act. 7 (Source: P.A. 91-24, eff. 7-1-99; 91-613, eff. 10-1-99; 8 92-16, eff. 6-28-01.) 9 (305 ILCS 5/10-4) (from Ch. 23, par. 10-4) 10 Sec. 10-4. Notification of Support Obligation. The 11 administrative enforcement unit within the authorized area of 12 its operation shall notify each responsible relative of an 13 applicant or recipient, or responsible relatives of other 14 persons given access to the child support enforcement 15 services of this Article, of his legal obligation to support 16 and shall request such information concerning his financial 17 status as may be necessary to determine whether he is 18 financially able to provide such support, in whole or in 19 part. In cases involving a child born out of wedlock, the 20 notification shall include a statement that the responsible 21 relative has been named as the biological father of the child 22 identified in the notification. 23 In the case of applicants, the notification shall be sent 24 as soon as practical after the filing of the application. In 25 the case of recipients, the notice shall be sent at such time 26 as may be established by rule of the Illinois Department. 27 The notice shall be accompanied by the forms or 28 questionnaires provided in Section 10-5. It shall inform the 29 relative that he may be liable for reimbursement of any 30 support furnished from public aid funds prior to 31 determination of the relative's financial circumstances, as 32 well as for future support. In the alternative, when support 33 is sought on behalf of applicants for or recipients of SB2224 Engrossed -17- LRB9211345DJgc 1 financial aid under Article IV of this Code and other persons 2 who are given access to the childand spousesupport 3 enforcement services of this Article as provided in Section 4 10-1, the notice shall inform the relative that the relative 5 may be required to pay support for a period before the date 6 an administrative support order is entered, as well as future 7 support. 8 Neither the mailing nor receipt of such notice shall be 9 deemed a jurisdictional requirement for the subsequent 10 exercise of the investigative procedures undertaken by an 11 administrative enforcement unit or the entry of any order or 12 determination of paternity or support or reimbursement by the 13 administrative enforcement unit; except that notice shall be 14 served by certified mail addressed to the responsible 15 relative at his or her last known address, return receipt 16 requested, or by any method provided by law for service of 17 summons, in cases where a determination of paternity or 18 support by default is sought on behalf of applicants for or 19 recipients of financial aid under Article IV of this Act and 20 other persons who are given access to the childand spouse21 support enforcement services of this Article as provided in 22 Section 10-1. 23 (Source: P.A. 88-687, eff. 1-24-95.) 24 (305 ILCS 5/10-7) (from Ch. 23, par. 10-7) 25 Sec. 10-7. Notice of support due. 26 (a) When an administrative enforcement unit has 27 determined that a responsible relative is financially able to 28 contribute to the support of an applicant or recipient, the 29 responsible relative shall be notified by mailing him a copy 30 of the determination by United States registered or certified 31 mail, advising him of his legal obligation to make support 32 payments for such period or periods of time, definite in 33 duration or indefinite, as the circumstances require. The SB2224 Engrossed -18- LRB9211345DJgc 1 notice shall direct payment as provided in Section 10-8. 2 Where applicable, the determination and notice may include a 3 demand for reimbursement for emergency aid granted an 4 applicant or recipient during the period between the 5 application and determination of the relative's obligation 6 for support and for aid granted during any subsequent period 7 the responsible relative was financially able to provide 8 support but failed or refused to do so. 9 (b) In the alternative, when support is sought on behalf 10 of applicants for or recipients of financial aid under 11 Article IV of this Act and other persons who are given access 12 to the childand spousesupport enforcement services of this 13 Article as provided in Section 10-1, the administrative 14 enforcement unit shall not be required to send the notice and 15 may enter an administrative order immediately under the 16 provisions of Section 10-11. The order shall be based upon 17 the determination made under the provisions of Section 10-6 18 or, in instances of default, upon the needs of the persons 19 for whom support is sought. In addition to requiring payment 20 of future support, the administrative order may require 21 payment of support for a period before the date the order is 22 entered. The amount of support to be paid for the prior 23 period shall be determined under the guidelines established 24 by the Illinois Department pursuant to Section 10-3. The 25 order shall direct payment as provided in Section 10-10. 26 (Source: P.A. 88-687, eff. 1-24-95.) 27 (305 ILCS 5/10-8) (from Ch. 23, par. 10-8) 28 Sec. 10-8. Support Payments - Partial Support - Full 29 Support. The notice to responsible relatives issued pursuant 30 to Section 10-7 shall direct payment (a) to the Illinois 31 Department in cases of applicants and recipients under 32 Articles III, IV, V and VII, (b) except as provided in 33 Section 10-3.1, to the local governmental unit in the case of SB2224 Engrossed -19- LRB9211345DJgc 1 applicants and recipients under Article VI, and (c) to the 2 Illinois Department in cases of non-applicants and 3 non-recipients given access to the childand spousesupport 4 enforcement services of this Article, as provided by Section 5 10-1. However, if the support payments by responsible 6 relatives are sufficient to meet needs of a recipient in 7 full, including current and anticipated medical needs, and 8 the Illinois Department or the local governmental unit, as 9 the case may be, has reasonable grounds to believe that such 10 needs will continue to be provided in full by the responsible 11 relatives, the relatives may be directed to make subsequent 12 support payments to the needy person or to some person or 13 agency in his behalf and the recipient shall be removed from 14 the rolls. In such instance the recipient also shall be 15 notified by registered or certified mail of the action taken. 16 If a recipient removed from the rolls requests the Illinois 17 Department to continue to collect the support payments in his 18 behalf, the Department, at its option, may do so and pay 19 amounts so collected to the person. The Department may 20 provide for deducting any costs incurred by it in making the 21 collection from the amount of any recovery made and pay only 22 the net amount to the person. 23 Payments under this Section to the Illinois Department 24 pursuant to the Child Support Enforcement Program established 25 by Title IV-D of the Social Security Act shall be paid into 26 the Child Support Enforcement Trust Fund. All payments under 27 this Section to the Illinois Department of Human Services 28 shall be deposited in the DHS Recoveries Trust Fund. 29 Disbursements from these funds shall be as provided in 30 Sections 12-9.1 and 12-10.2 of this Code. Payments received 31 by a local governmental unit shall be deposited in that 32 unit's General Assistance Fund. 33 To the extent the provisions of this Section are 34 inconsistent with the requirements pertaining to the State SB2224 Engrossed -20- LRB9211345DJgc 1 Disbursement Unit under Sections 10-10.4 and 10-26 of this 2 Code, the requirements pertaining to the State Disbursement 3 Unit shall apply. 4 (Source: P.A. 91-24, eff. 7-1-99; 91-212, eff. 7-20-99; 5 92-16, eff. 6-28-01.) 6 (305 ILCS 5/10-8.1) 7 Sec. 10-8.1. Temporary order for child support. 8 Notwithstanding any other law to the contrary, pending the 9 outcome of an administrative determination of parentage, the 10 Illinois Department shall issue a temporary order for child 11 support, upon motion by a party and a showing of clear and 12 convincing evidence of paternity. In determining the amount 13 of the temporary child support award, the Illinois Department 14 shall use the guidelines and standards set forth in 15 subsection (a) of Section 505 and in Section 505.2 of the 16 Illinois Marriage and Dissolution of Marriage Act. 17 Any new or existing support order entered by the Illinois 18 Department under this Section shall be deemed to be a series 19 of judgments against the person obligated to pay support 20 thereunder, each such judgment to be in the amount of each 21 payment or installment of support and each judgment to be 22 deemed entered as of the date the corresponding payment or 23 installment becomes due under the terms of the support order. 24 Each such judgment shall have the full force, effect, and 25 attributes of any other judgment of this State, including the 26 ability to be enforced. Any such judgment is subject to 27 modification or termination only in accordance with Section 28 510 of the Illinois Marriage and Dissolution of Marriage Act. 29 A lien arises by operation of law against the real and 30 personal property of the noncustodial parent for each 31 installment of overdue support owed by the noncustodial 32 parent. 33 All orders for support entered or modified in a case in SB2224 Engrossed -21- LRB9211345DJgc 1 which a party is receiving childand spousesupport 2 enforcement services under this Article X shall include a 3 provision requiring the non-custodial parent to notify 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 9 names of persons covered under the policy, and (iii) of any 10 new residential or mailing address or telephone number of the 11 non-custodial parent. 12 In any subsequent action to enforce a support order, upon 13 sufficient showing that diligent effort has been made to 14 ascertain the location of the non-custodial parent, service 15 of process or provision of notice necessary in that action 16 may be made at the last known address of the non-custodial 17 parent, in any manner expressly provided by the Code of Civil 18 Procedure or this Act, which service shall be sufficient for 19 purposes of due process. 20 An order for support shall include a date on which the 21 current support obligation terminates. The termination date 22 shall be no earlier than the date on which the child covered 23 by the order will attain the age of majority or is otherwise 24 emancipated. The order for support shall state that the 25 termination date does not apply to any arrearage that may 26 remain unpaid on that date. Nothing in this paragraph shall 27 be construed to prevent the Illinois Department from 28 modifying the order. 29 (Source: P.A. 90-18, eff. 7-1-97.) 30 (305 ILCS 5/10-10) (from Ch. 23, par. 10-10) 31 Sec. 10-10. Court enforcement; applicability also to 32 persons who are not applicants or recipients. Except where 33 the Illinois Department, by agreement, acts for the local SB2224 Engrossed -22- LRB9211345DJgc 1 governmental unit, as provided in Section 10-3.1, local 2 governmental units shall refer to the State's Attorney or to 3 the proper legal representative of the governmental unit, for 4 judicial enforcement as herein provided, instances of 5 non-support or insufficient support when the dependents are 6 applicants or recipients under Article VI. The Child and 7 Spouse Support Unit established by Section 10-3.1 may 8 institute in behalf of the Illinois Department any actions 9 under this Section for judicial enforcement of the support 10 liability when the dependents are (a) applicants or 11 recipients under Articles III, IV, V or VII; (b) applicants 12 or recipients in a local governmental unit when the Illinois 13 Department, by agreement, acts for the unit; or (c) 14 non-applicants or non-recipients who are receiving child 15 support enforcement services under this Article X, as 16 provided in Section 10-1. Where the Child and Spouse Support 17 Unit has exercised its option and discretion not to apply the 18 provisions of Sections 10-3 through 10-8, the failure by the 19 Unit to apply such provisions shall not be a bar to bringing 20 an action under this Section. 21 Action shall be brought in the circuit court to obtain 22 support, or for the recovery of aid granted during the period 23 such support was not provided, or both for the obtainment of 24 support and the recovery of the aid provided. Actions for 25 the recovery of aid may be taken separately or they may be 26 consolidated with actions to obtain support. Such actions 27 may be brought in the name of the person or persons requiring 28 support, or may be brought in the name of the Illinois 29 Department or the local governmental unit, as the case 30 requires, in behalf of such persons. 31 The court may enter such orders for the payment of moneys 32 for the support of the person as may be just and equitable 33 and may direct payment thereof for such period or periods of 34 time as the circumstances require, including support for a SB2224 Engrossed -23- LRB9211345DJgc 1 period before the date the order for support is entered. The 2 order may be entered against any or all of the defendant 3 responsible relatives and may be based upon the proportionate 4 ability of each to contribute to the person's support. 5 The Court shall determine the amount of child support 6 (including child support for a period before the date the 7 order for child support is entered) by using the guidelines 8 and standards set forth in subsection (a) of Section 505 and 9 in Section 505.2 of the Illinois Marriage and Dissolution of 10 Marriage Act. For purposes of determining the amount of child 11 support to be paid for a period before the date the order for 12 child support is entered, there is a rebuttable presumption 13 that the responsible relative's net income for that period 14 was the same as his or her net income at the time the order 15 is entered. 16 If (i) the responsible relative was properly served with 17 a request for discovery of financial information relating to 18 the responsible relative's ability to provide child support, 19 (ii) the responsible relative failed to comply with the 20 request, despite having been ordered to do so by the court, 21 and (iii) the responsible relative is not present at the 22 hearing to determine support despite having received proper 23 notice, then any relevant financial information concerning 24 the responsible relative's ability to provide child support 25 that was obtained pursuant to subpoena and proper notice 26 shall be admitted into evidence without the need to establish 27 any further foundation for its admission. 28 An order entered under this Section shall include a 29 provision requiring the obligor to report to the obligee and 30 to the clerk of court within 10 days each time the obligor 31 obtains new employment, and each time the obligor's 32 employment is terminated for any reason. The report shall be 33 in writing and shall, in the case of new employment, include 34 the name and address of the new employer. Failure to report SB2224 Engrossed -24- LRB9211345DJgc 1 new employment or the termination of current employment, if 2 coupled with nonpayment of support for a period in excess of 3 60 days, is indirect criminal contempt. For any obligor 4 arrested for failure to report new employment bond shall be 5 set in the amount of the child support that should have been 6 paid during the period of unreported employment. An order 7 entered under this Section shall also include a provision 8 requiring the obligor and obligee parents to advise each 9 other of a change in residence within 5 days of the change 10 except when the court finds that the physical, mental, or 11 emotional health of a party or that of a minor child, or 12 both, would be seriously endangered by disclosure of the 13 party's address. 14 The Court shall determine the amount of maintenance using 15 the standards set forth in Section 504 of the Illinois 16 Marriage and Dissolution of Marriage Act. 17 Any new or existing support order entered by the court 18 under this Section shall be deemed to be a series of 19 judgments against the person obligated to pay support 20 thereunder, each such judgment to be in the amount of each 21 payment or installment of support and each such judgment to 22 be deemed entered as of the date the corresponding payment or 23 installment becomes due under the terms of the support order. 24 Each such judgment shall have the full force, effect and 25 attributes of any other judgment of this State, including the 26 ability to be enforced. Any such judgment is subject to 27 modification or termination only in accordance with Section 28 510 of the Illinois Marriage and Dissolution of Marriage Act. 29 A lien arises by operation of law against the real and 30 personal property of the noncustodial parent for each 31 installment of overdue support owed by the noncustodial 32 parent. 33 When an order is entered for the support of a minor, the 34 court may provide therein for reasonable visitation of the SB2224 Engrossed -25- LRB9211345DJgc 1 minor by the person or persons who provided support pursuant 2 to the order. Whoever willfully refuses to comply with such 3 visitation order or willfully interferes with its enforcement 4 may be declared in contempt of court and punished therefor. 5 Except where the local governmental unit has entered into 6 an agreement with the Illinois Department for the Child and 7 Spouse Support Unit to act for it, as provided in Section 8 10-3.1, support orders entered by the court in cases 9 involving applicants or recipients under Article VI shall 10 provide that payments thereunder be made directly to the 11 local governmental unit. Orders for the support of all other 12 applicants or recipients shall provide that payments 13 thereunder be made directly to the Illinois Department. In 14 accordance with federal law and regulations, the Illinois 15 Department may continue to collect current maintenance 16 payments or child support payments, or both, after those 17 persons cease to receive public assistance and until 18 termination of services under Article X. The Illinois 19 Department shall pay the net amount collected to those 20 persons after deducting any costs incurred in making the 21 collection or any collection fee from the amount of any 22 recovery made. In both cases the order shall permit the 23 local governmental unit or the Illinois Department, as the 24 case may be, to direct the responsible relative or relatives 25 to make support payments directly to the needy person, or to 26 some person or agency in his behalf, upon removal of the 27 person from the public aid rolls or upon termination of 28 services under Article X. 29 If the notice of support due issued pursuant to Section 30 10-7 directs that support payments be made directly to the 31 needy person, or to some person or agency in his behalf, and 32 the recipient is removed from the public aid rolls, court 33 action may be taken against the responsible relative 34 hereunder if he fails to furnish support in accordance with SB2224 Engrossed -26- LRB9211345DJgc 1 the terms of such notice. 2 Actions may also be brought under this Section in behalf 3 of any person who is in need of support from responsible 4 relatives, as defined in Section 2-11 of Article II who is 5 not an applicant for or recipient of financial aid under this 6 Code. In such instances, the State's Attorney of the county 7 in which such person resides shall bring action against the 8 responsible relatives hereunder. If the Illinois Department, 9 as authorized by Section 10-1, extends the child support 10 enforcement services provided by this Article to spouses and 11 dependent children who are not applicants or recipients under 12 this Code, the Child and Spouse Support Unit established by 13 Section 10-3.1 shall bring action against the responsible 14 relatives hereunder and any support orders entered by the 15 court in such cases shall provide that payments thereunder be 16 made directly to the Illinois Department. 17 Whenever it is determined in a proceeding to establish or 18 enforce a child support or maintenance obligation that the 19 person owing a duty of support is unemployed, the court may 20 order the person to seek employment and report periodically 21 to the court with a diary, listing or other memorandum of his 22 or her efforts in accordance with such order. Additionally, 23 the court may order the unemployed person to report to the 24 Department of Employment Security for job search services or 25 to make application with the local Job Training Partnership 26 Act provider for participation in job search, training or 27 work programs and where the duty of support is owed to a 28 child receiving child support enforcement services under this 29 Article X, the court may order the unemployed person to 30 report to the Illinois Department for participation in job 31 search, training or work programs established under Section 32 9-6 and Article IXA of this Code. 33 Whenever it is determined that a person owes past-due 34 support for a child receiving assistance under this Code, the SB2224 Engrossed -27- LRB9211345DJgc 1 court shall order at the request of the Illinois Department: 2 (1) that the person pay the past-due support in 3 accordance with a plan approved by the court; or 4 (2) if the person owing past-due support is 5 unemployed, is subject to such a plan, and is not 6 incapacitated, that the person participate in such job 7 search, training, or work programs established under 8 Section 9-6 and Article IXA of this Code as the court 9 deems appropriate. 10 A determination under this Section shall not be 11 administratively reviewable by the procedures specified in 12 Sections 10-12, and 10-13 to 10-13.10. Any determination 13 under these Sections, if made the basis of court action under 14 this Section, shall not affect the de novo judicial 15 determination required under this Section. 16 A one-time charge of 20% is imposable upon the amount of 17 past-due child support owed on July 1, 1988 which has accrued 18 under a support order entered by the court. The charge shall 19 be imposed in accordance with the provisions of Section 10-21 20 of this Code and shall be enforced by the court upon 21 petition. 22 All orders for support, when entered or modified, shall 23 include a provision requiring the non-custodial parent to 24 notify the court and, in cases in which a party is receiving 25 childand spousesupport enforcement services under this 26 Article X, the Illinois Department, within 7 days, (i) of the 27 name, address, and telephone number of any new employer of 28 the non-custodial parent, (ii) whether the non-custodial 29 parent has access to health insurance coverage through the 30 employer or other group coverage and, if so, the policy name 31 and number and the names of persons covered under the policy, 32 and (iii) of any new residential or mailing address or 33 telephone number of the non-custodial parent. In any 34 subsequent action to enforce a support order, upon a SB2224 Engrossed -28- LRB9211345DJgc 1 sufficient showing that a diligent effort has been made to 2 ascertain the location of the non-custodial parent, service 3 of process or provision of notice necessary in the case may 4 be made at the last known address of the non-custodial parent 5 in any manner expressly provided by the Code of Civil 6 Procedure or this Code, which service shall be sufficient for 7 purposes of due process. 8 An order for support shall include a date on which the 9 current support obligation terminates. The termination date 10 shall be no earlier than the date on which the child covered 11 by the order will attain the age of majority or is otherwise 12 emancipated. The order for support shall state that the 13 termination date does not apply to any arrearage that may 14 remain unpaid on that date. Nothing in this paragraph shall 15 be construed to prevent the court from modifying the order. 16 Upon notification in writing or by electronic 17 transmission from the Illinois Department to the clerk of the 18 court that a person who is receiving support payments under 19 this Section is receiving services under the Child Support 20 Enforcement Program established by Title IV-D of the Social 21 Security Act, any support payments subsequently received by 22 the clerk of the court shall be transmitted in accordance 23 with the instructions of the Illinois Department until the 24 Illinois Department gives notice to the clerk of the court to 25 cease the transmittal. After providing the notification 26 authorized under this paragraph, the Illinois Department 27 shall be entitled as a party to notice of any further 28 proceedings in the case. The clerk of the court shall file a 29 copy of the Illinois Department's notification in the court 30 file. The clerk's failure to file a copy of the notification 31 in the court file shall not, however, affect the Illinois 32 Department's right to receive notice of further proceedings. 33 Payments under this Section to the Illinois Department 34 pursuant to the Child Support Enforcement Program established SB2224 Engrossed -29- LRB9211345DJgc 1 by Title IV-D of the Social Security Act shall be paid into 2 the Child Support Enforcement Trust Fund. All payments under 3 this Section to the Illinois Department of Human Services 4 shall be deposited in the DHS Recoveries Trust Fund. 5 Disbursements from these funds shall be as provided in 6 Sections 12-9.1 and 12-10.2 of this Code. Payments received 7 by a local governmental unit shall be deposited in that 8 unit's General Assistance Fund. 9 To the extent the provisions of this Section are 10 inconsistent with the requirements pertaining to the State 11 Disbursement Unit under Sections 10-10.4 and 10-26 of this 12 Code, the requirements pertaining to the State Disbursement 13 Unit shall apply. 14 (Source: P.A. 91-24, eff. 7-1-99; 91-212, eff. 7-20-99; 15 91-357, eff. 7-29-99; 91-767, eff. 6-9-00; 92-16, eff. 16 6-28-01.) 17 (305 ILCS 5/10-10.1) (from Ch. 23, par. 10-10.1) 18 Sec. 10-10.1. Public Aid Collection Fee. In all cases 19 instituted by the Illinois Department on behalf of a child or 20 spouse, other than one receiving a grant of financial aid 21 under Article IV, on whose behalf an application has been 22 made and approved for child support enforcement services as 23 provided by Section 10-1, the court shall impose a collection 24 fee on the individual who owes a child or spouse support 25 obligation in an amount equal to 10% of the amount so owed as 26 long as such collection is required by federal law, which fee 27 shall be in addition to the support obligation. The 28 imposition of such fee shall be in accordance with provisions 29 of Title IV, Part D, of the Social Security Act and 30 regulations duly promulgated thereunder. The fee shall be 31 payable to the clerk of the circuit court for transmittal to 32 the Illinois Department and shall continue until child 33 support enforcement services are terminated by the SB2224 Engrossed -30- LRB9211345DJgc 1 Department. 2 (Source: P.A. 82-979.) 3 (305 ILCS 5/10-10.4) 4 Sec. 10-10.4. Payment of Support to State Disbursement 5 Unit. 6 (a) As used in this Section: 7 "Order for support", "obligor", "obligee", and "payor" 8 mean those terms as defined in the Income Withholding for 9 Support Act, except that "order for support" shall not mean 10 orders providing for spousal maintenance under which there is 11 no child support obligation. 12 (b) Notwithstanding any other provision of this Code to 13 the contrary, each court or administrative order for support 14 entered or modified on or after October 1, 1999 shall require 15 that support payments be made to the State Disbursement Unit 16 established under Section 10-26 if: 17 (1) a party to the order is receiving childand18spousesupport enforcement services under this Article X; 19 or 20 (2) no party to the order is receiving childand21spousesupport enforcement services, but the support 22 payments are made through income withholding. 23 (c) Support payments shall be made to the State 24 Disbursement Unit if: 25 (1) the order for support was entered before 26 October 1, 1999, and a party to the order is receiving 27 childand spousesupport enforcement services under this 28 Article X; or 29 (2) no party to the order is receiving childand30spousesupport enforcement services, and the support 31 payments are being made through income withholding. 32 (c-5) If no party to the order is receiving childand33spousesupport enforcement services under this Article X, and SB2224 Engrossed -31- LRB9211345DJgc 1 the support payments are not being made through income 2 withholding, then support payments shall be made as directed 3 in the order for support. 4 (c-10) At any time, and notwithstanding the existence of 5 an order directing payments to be made elsewhere, the 6 Department of Public Aid may provide notice to the obligor 7 and, where applicable, to the obligor's payor: 8 (1) to make support payments to the State 9 Disbursement Unit if: 10 (A) a party to the order for support is 11 receiving child support enforcement services under 12 this Article X; or 13 (B) no party to the order for support is 14 receiving child support enforcement services under 15 this Article X, but the support payments are made 16 through income withholding; or 17 (2) to make support payments to the State 18 Disbursement Unit of another state upon request of 19 another state's Title IV-D child support enforcement 20 agency, in accordance with the requirements of Title IV, 21 Part D of the Social Security Act and regulations 22 promulgated under that Part D.Within 15 days after the23effective date of this amendatory Act of the 91st General24Assembly, the Illinois Department shall provide written25notice to the clerk of the circuit court, the obligor,26and, where applicable, the obligor's payor to make27payments to the State Disbursement Unit if:28(1) the order for support was entered before29October 1, 1999, and a party to the order is receiving30child and spouse support services under this Article X;31or32(2) no party to the order is receiving child and33spouse support services, and the support payments are34being made through income withholding.SB2224 Engrossed -32- LRB9211345DJgc 1 (c-15) Within 15 days after the effective date of this 2 amendatory Act of the 91st General Assembly, the clerk of the 3 circuit court shall provide written notice to the obligor to 4 make payments directly to the clerk of the circuit court if 5 no party to the order is receiving childand spousesupport 6 enforcement services under this Article X, the support 7 payments are not made through income withholding, and the 8 order for support requires support payments to be made 9 directly to the clerk of the circuit court. 10 (c-20) If the State Disbursement Unit receives a support 11 payment that was not appropriately made to the Unit under 12 this Section, the Unit shall immediately return the payment 13 to the sender, including, if possible, instructions detailing 14 where to send the support payments. 15 (d) The noticesrequiredunder subsections (c-10) and 16 (c-15) may be sent by ordinary mail, certified mail, return 17 receipt requested, facsimile transmission, or other 18 electronic process, or may be served upon the obligor or 19 payor using any method provided by law for service of a 20 summons. A copy of the notice shall be provided to the 21 obligee and, when the order for support was entered by the 22 court, to the clerk of the court. 23 (Source: P.A. 91-212, eff. 7-20-99; 91-677, eff. 1-5-00.) 24 (305 ILCS 5/10-11) (from Ch. 23, par. 10-11) 25 Sec. 10-11. Administrative Orders. In lieu of actions 26 for court enforcement of support under Section 10-10, the 27 Child and Spouse Support Unit of the Illinois Department, in 28 accordance with the rules of the Illinois Department, may 29 issue an administrative order requiring the responsible 30 relative to comply with the terms of the determination and 31 notice of support due, determined and issued under Sections 32 10-6 and 10-7. The Unit may also enter an administrative 33 order under subsection (b) of Section 10-7. The SB2224 Engrossed -33- LRB9211345DJgc 1 administrative order shall be served upon the responsible 2 relative by United States registered or certified mail. In 3 cases in which the responsible relative appeared at the 4 office of the Child and Spouse Support Unit in response to 5 the notice of support obligation issued under Section 10-4, 6 however, or in cases of default in which the notice was 7 served on the responsible relative by certified mail, return 8 receipt requested, or by any method provided by law for 9 service of summons, the administrative determination of 10 paternity or administrative support order may be sent to the 11 responsible relative by ordinary mail addressed to the 12 responsible relative's last known address. 13 If a responsible relative or a person receiving childand14spousesupport enforcement services under this Article fails 15 to petition the Illinois Department for release from or 16 modification of the administrative order, as provided in 17 Section 10-12 or Section 10-12.1, the order shall become 18 final and there shall be no further administrative or 19 judicial remedy. Likewise a decision by the Illinois 20 Department as a result of an administrative hearing, as 21 provided in Sections 10-13 to 10-13.10, shall become final 22 and enforceable if not judicially reviewed under the 23 Administrative Review Law, as provided in Section 10-14. 24 Any new or existing support order entered by the Illinois 25 Department under this Section shall be deemed to be a series 26 of judgments against the person obligated to pay support 27 thereunder, each such judgment to be in the amount of each 28 payment or installment of support and each such judgment to 29 be deemed entered as of the date the corresponding payment or 30 installment becomes due under the terms of the support order. 31 Each such judgment shall have the full force, effect and 32 attributes of any other judgment of this State, including the 33 ability to be enforced. Any such judgment is subject to 34 modification or termination only in accordance with Section SB2224 Engrossed -34- LRB9211345DJgc 1 510 of the Illinois Marriage and Dissolution of Marriage Act. 2 A lien arises by operation of law against the real and 3 personal property of the noncustodial parent for each 4 installment of overdue support owed by the noncustodial 5 parent. 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 A one-time charge of 20% is imposable upon the amount of 27 past-due child support owed on July 1, 1988, which has 28 accrued under a support order entered by the Illinois 29 Department under this Section. The charge shall be imposed 30 in accordance with the provisions of Section 10-21 and shall 31 be enforced by the court in a suit filed under Section 10-15. 32 (Source: P.A. 90-18, eff. 7-1-97; 90-539, eff. 6-1-98; 33 90-655, eff. 7-30-98; 90-790, eff. 8-14-98; 91-212, eff. 34 7-20-99.) SB2224 Engrossed -35- LRB9211345DJgc 1 (305 ILCS 5/10-11.1) (from Ch. 23, par. 10-11.1) 2 Sec. 10-11.1. (a) Whenever it is determined in a 3 proceeding under Sections 10-6, 10-7, 10-11 or 10-17.1 that 4 the responsible relative is unemployed, and support is sought 5 on behalf of applicants for or recipients of financial aid 6 under Article IV of this Code or other persons who are given 7 access to the childand spousesupport enforcement services 8 of this Article as provided in Section 10-1, the 9 administrative enforcement unit may order the responsible 10 relative to report to the Illinois Department for 11 participation in job search, training or work programs 12 established under Section 9-6 and Article IXA of this Code or 13 to the Illinois Department of Employment Security for job 14 search services or to make application with the local Job 15 Training Partnership Act provider for participation in job 16 search, training or work programs. 17 (b) Whenever it is determined that a responsible 18 relative owes past-due support for a child under an 19 administrative support order entered under subsection (b) of 20 Section 10-7 or under Section 10-11 or 10-17.1 and the child 21 is receiving assistance under this Code, the administrative 22 enforcement unit shall order the following: 23 (1) that the responsible relative pay the past-due 24 support in accordance with a plan approved by the 25 administrative enforcement unit; or 26 (2) if the responsible relative owing past-due 27 support is unemployed, is subject to such a plan, and is 28 not incapacitated, that the responsible relative 29 participate in job search, training, or work programs 30 established under Section 9-6 and Article IXA of this 31 Code. 32 (Source: P.A. 92-16, eff. 6-28-01.) 33 (305 ILCS 5/10-12.1) SB2224 Engrossed -36- LRB9211345DJgc 1 Sec. 10-12.1. Petition by person receiving childand2spousesupport enforcement services for release from or 3 modification of administrative support order or 4 administrative determination of paternity. Any person 5 receiving childand spousesupport enforcement services under 6 this Article who is aggrieved by an administrative order 7 entered under Section 10-11 or 10-11.1 or an administrative 8 determination of paternity entered under Section 10-17.7 who 9 has been duly notified of the order or determination may, 10 within 30 days after the date of mailing of the order or 11 determination, petition the Illinois Department for release 12 from or modification of the order or determination. The day 13 immediately subsequent to the mailing of the order or 14 determination shall be considered as the first day and the 15 day the petition is received by the Illinois Department shall 16 be considered as the last day in computing the 30-day appeal 17 period. Upon receiving a petition within the 30-day appeal 18 period, the Illinois Department shall provide for a hearing 19 to be held on the petition. 20 (Source: P.A. 90-790, eff. 8-14-98.) 21 (305 ILCS 5/10-13) (from Ch. 23, par. 10-13) 22 Sec. 10-13. Hearing on Petition. The Illinois Department, 23 or any officer or employee thereof designated in writing by 24 the Illinois Department, shall conduct hearings and 25 investigations in connection with petitions filed pursuant to 26 Section 10-12 or Section 10-12.1. Responsible relatives and 27 persons receiving childand spousesupport enforcement 28 services under this Article shall be entitled to appear in 29 person, to be represented by counsel at the hearing and to 30 present all relevant matter in support of their petitions. 31 The provisions of Sections 10-13.1 through 10-13.10 shall 32 govern the hearing. 33 The hearing shall be de novo and the Illinois SB2224 Engrossed -37- LRB9211345DJgc 1 Department's determination of liability or non-liability 2 shall be independent of the determination of the 3 administrative enforcement unit. 4 (Source: P.A. 90-790, eff. 8-14-98.) 5 (305 ILCS 5/10-14) (from Ch. 23, par. 10-14) 6 Sec. 10-14. Review of Illinois department decision on 7 petition for hearing. Any responsible relative or person 8 receiving childand spousesupport enforcement services under 9 this Article affected by a final administrative decision of 10 the Illinois Department in a hearing, conducted pursuant to 11 Sections 10-13 through 10-13.10 in which such relative or 12 person receiving services was a party, may have the decision 13 reviewed only under and in accordance with the Administrative 14 Review Law, as amended. The provisions of the Administrative 15 Review Law, and the rules adopted pursuant thereto, shall 16 apply to and govern all proceedings for the judicial review 17 of such final administrative decisions of the Illinois 18 Department. The term "administrative decision" is defined as 19 in Section 3-101 of the Code of Civil Procedure. 20 Appeals from all final orders and judgments entered by a 21 court upon review of the Illinois Department's order in any 22 case may be taken by either party to the proceeding and shall 23 be governed by the rules applicable to appeals in civil 24 cases. 25 The remedy herein provided for appeal shall be exclusive, 26 and no court shall have jurisdiction to review the subject 27 matter of any order made by the Illinois Department except as 28 herein provided. 29 (Source: P.A. 90-790, eff. 8-14-98.) 30 (305 ILCS 5/10-14.1) 31 Sec. 10-14.1. Relief from administrative orders. 32 Notwithstanding the 30-day appeal period provided in Sections SB2224 Engrossed -38- LRB9211345DJgc 1 10-12 and 10-12.1 and the limitation on review of final 2 administrative decisions contained in Section 10-14, a 3 responsible relative or a person receiving childand spouse4 support enforcement services under this Article who is 5 aggrieved by an administrative order entered under Section 6 10-11 or 10-11.1 or an administrative determination of 7 paternity entered under Section 10-17.7 and who did not 8 petition within the 30-day appeal period may petition the 9 Illinois Department for relief from the administrative order 10 or determination on the same grounds as are provided for 11 relief from judgments under Section 2-1401 of the Code of 12 Civil Procedure. The petition must be filed not later than 2 13 years after the entry of the order or determination by the 14 Illinois Department. The day immediately subsequent to the 15 mailing of the order or determination shall be considered as 16 the first day and the day the petition is received by the 17 Illinois Department shall be considered as the last day in 18 computing the 2-year period. Any period during which the 19 person seeking relief is under a legal disability or duress 20 or during which the grounds for relief are fraudulently 21 concealed shall be excluded in computing the period of 2 22 years. 23 Upon receiving a petition within the 2-year period, the 24 Illinois Department shall provide for a hearing to be held on 25 the petition. 26 (Source: P.A. 90-790, eff. 8-14-98.) 27 (305 ILCS 5/10-15) (from Ch. 23, par. 10-15) 28 Sec. 10-15. Enforcement of administrative order; costs 29 and fees. If a responsible relative refuses, neglects, or 30 fails to comply with a final administrative support or 31 reimbursement order of the Illinois Department entered by the 32 Child and Spouse Support Unit pursuant to Sections 10-11 or 33 10-11.1 or registered pursuant to Section 10-17.1, the Child SB2224 Engrossed -39- LRB9211345DJgc 1 and Spouse Support Unit may file suit against the responsible 2 relative or relatives to secure compliance with the 3 administrative order. 4 Suits shall be instituted in the name of the People of 5 the State of Illinois on the relation of the Department of 6 Public Aid of the State of Illinois and the spouse or 7 dependent children for whom the support order has been 8 issued. 9 The court shall order the payment of the support 10 obligation, or orders for reimbursement of moneys for support 11 provided, directly to the Illinois Department but the order 12 shall permit the Illinois Department to direct the 13 responsible relative or relatives to make payments of support 14 directly to the spouse or dependent children, or to some 15 person or agency in his or their behalf, as provided in 16 Section 10-8 or 10-10, as applicable. 17 Whenever it is determined in a proceeding to enforce an 18 administrative order that the responsible relative is 19 unemployed, and support is sought on behalf of applicants for 20 or recipients of financial aid under Article IV of this Code 21 or other persons who are given access to the childand spouse22 support enforcement services of this Article as provided in 23 Section 10-1, the court may order the responsible relative to 24 seek employment and report periodically to the court with a 25 diary, listing or other memorandum of his or her efforts in 26 accordance with such order. In addition, the court may order 27 the unemployed responsible relative to report to the Illinois 28 Department for participation in job search, training or work 29 programs established under Section 9-6 of this Code or to the 30 Illinois Department of Employment Security for job search 31 services or to make application with the local Job Training 32 Partnership Act provider for participation in job search, 33 training or work programs. 34 Charges imposed in accordance with the provisions of SB2224 Engrossed -40- LRB9211345DJgc 1 Section 10-21 shall be enforced by the Court in a suit filed 2 under this Section. 3 To the extent the provisions of this Section are 4 inconsistent with the requirements pertaining to the State 5 Disbursement Unit under Sections 10-10.4 and 10-26 of this 6 Code, the requirements pertaining to the State Disbursement 7 Unit shall apply. 8 (Source: P.A. 91-212, eff. 7-20-99; 92-16, eff. 6-28-01.) 9 (305 ILCS 5/10-17.2) (from Ch. 23, par. 10-17.2) 10 Sec. 10-17.2. Income Withholding By Administrative 11 Order. The Illinois Department may provide by rule for entry 12 of an administrative support order containing income 13 withholding provisions and for service and enforcement of an 14 income withholding notice and a National Medical Support 15 Notice, by the Child and Spouse Support Unit based upon and 16 in the same manner as prescribed by the Income Withholding 17 for Support Act. The penalties provided in the Income 18 Withholding for Support Act shall apply hereto and shall be 19 enforced by filing an action under that Act. The rule shall 20 provide for notice to and an opportunity to be heard by the 21 responsible relative affected and any final administrative 22 decision rendered by the Department shall be reviewed only 23 under and in accordance with the Administrative Review Law. 24 (Source: P.A. 90-18, eff. 7-1-97; 90-673, eff. 1-1-99.) 25 (305 ILCS 5/10-17.7) 26 Sec. 10-17.7. Administrative determination of paternity. 27 The Illinois Department may provide by rule for the 28 administrative determination of paternity by the Child and 29 Spouse Support Unit in cases involving applicants for or 30 recipients of financial aid under Article IV of this Act and 31 other persons who are given access to the childand spouse32 support enforcement services of this Article as provided in SB2224 Engrossed -41- LRB9211345DJgc 1 Section 10-1, including persons similarly situated and 2 receiving similar services in other states. The rules shall 3 extend to cases in which the mother and alleged father 4 voluntarily acknowledge paternity in the form required by the 5 Illinois Department or agree to be bound by the results of 6 genetic testing or in which the alleged father has failed to 7 respond to a notification of support obligation issued under 8 Section 10-4 and to cases of contested paternity. Any 9 presumption provided for under the Illinois Parentage Act of 10 1984 shall apply to cases in which paternity is determined 11 under the rules of the Illinois Department. The rules shall 12 provide for notice and an opportunity to be heard by the 13 responsible relative and the person receiving childand14spousesupport enforcement services under this Article if 15 paternity is not voluntarily acknowledged, and any final 16 administrative decision rendered by the Illinois Department 17 shall be reviewed only under and in accordance with the 18 Administrative Review Law. Determinations of paternity made 19 by the Illinois Department under the rules authorized by this 20 Section shall have the full force and effect of a court 21 judgment of paternity entered under the Illinois Parentage 22 Act of 1984. 23 In determining paternity in contested cases, the Illinois 24 Department shall conduct the evidentiary hearing in 25 accordance with Section 11 of the Parentage Act of 1984, 26 except that references in that Section to "the court" shall 27 be deemed to mean the Illinois Department's hearing officer 28 in cases in which paternity is determined administratively by 29 the Illinois Department. 30 Notwithstanding any other provision of this Article, a 31 default determination of paternity may be made if service of 32 the notice under Section 10-4 was made by publication under 33 the rules for administrative paternity determination 34 authorized by this Section. The rules as they pertain to SB2224 Engrossed -42- LRB9211345DJgc 1 service by publication shall (i) be based on the provisions 2 of Section 2-206 and 2-207 of the Code of Civil Procedure, 3 (ii) provide for service by publication in cases in which the 4 whereabouts of the alleged father are unknown after diligent 5 location efforts by the Child and Spouse Support Unit, and 6 (iii) provide for publication of a notice of default 7 paternity determination in the same manner that the notice 8 under Section 10-4 was published. 9 The Illinois Department may implement this Section 10 through the use of emergency rules in accordance with Section 11 5-45 of the Illinois Administrative Procedure Act. For 12 purposes of the Illinois Administrative Procedure Act, the 13 adoption of rules to implement this Section shall be 14 considered an emergency and necessary for the public 15 interest, safety, and welfare. 16 (Source: P.A. 89-6, eff. 3-6-95; 89-641, eff. 8-9-96; 90-790, 17 eff. 8-14-98.) 18 (305 ILCS 5/12-8) (from Ch. 23, par. 12-8) 19 Sec. 12-8. Public Assistance Emergency Revolving Fund - 20 Uses. The Public Assistance Emergency Revolving Fund, 21 established by Act approved July 8, 1955 shall be held by the 22 Illinois Department and shall be used for the following 23 purposes: 24 1. To provide immediate financial aid to applicants 25 in acute need who have been determined eligible for aid 26 under Articles III, IV, or V. 27 2. To provide emergency aid to recipients under 28 said Articles who have failed to receive their grants 29 because of mail box or other thefts, or who are victims 30 of a burnout, eviction, or other circumstances causing 31 privation, in which cases the delays incident to the 32 issuance of grants from appropriations would cause 33 hardship and suffering. SB2224 Engrossed -43- LRB9211345DJgc 1 3. To provide emergency aid for transportation, 2 meals and lodging to applicants who are referred to 3 cities other than where they reside for physical 4 examinations to establish blindness or disability, or to 5 determine the incapacity of the parent of a dependent 6 child. 7 4. To provide emergency transportation expense 8 allowances to recipients engaged in vocational training 9 and rehabilitation projects. 10 5. To assist public aid applicants in obtaining 11 copies of birth certificates, death certificates, 12 marriage licenses or other similar legal documents which 13 may facilitate the verification of eligibility for public 14 aid under this Code. 15 6. To provide immediate payments to current or 16 former recipients of child support enforcement services, 17 or refunds to responsible relatives, for child support 18 made to the Illinois Department under Title IV-D of the 19 Social Security Act when such recipients of services or 20 responsible relatives are legally entitled to all or part 21 of such child support payments under applicable State or 22 federal law. 23 7. To provide payments to individuals or providers 24 of transportation to and from medical care for the 25 benefit of recipients under Articles III, IV, V, and VI. 26 Disbursements from the Public Assistance Emergency 27 Revolving Fund shall be made by the Illinois Department. 28 Expenditures from the Public Assistance Emergency 29 Revolving Fund shall be for purposes which are properly 30 chargeable to appropriations made to the Illinois Department, 31 or, in the case of payments under subparagraph 6, to the 32 Child Support Enforcement Trust Fund, except that no 33 expenditure shall be made for purposes which are properly 34 chargeable to appropriations for the following objects: SB2224 Engrossed -44- LRB9211345DJgc 1 personal services; extra help; state contributions to 2 retirement system; state contributions to Social Security; 3 state contributions for employee group insurance; contractual 4 services; travel; commodities; printing; equipment; 5 electronic data processing; operation of auto equipment; 6 telecommunications services; library books; and refunds. The 7 Illinois Department shall reimburse the Public Assistance 8 Emergency Revolving Fund by warrants drawn by the State 9 Comptroller on the appropriation or appropriations which are 10 so chargeable, or, in the case of payments under subparagraph 11 6, by warrants drawn on the Child Support Enforcement Trust 12 Fund, payable to the Revolving Fund. 13 The Illinois Department shall consult, in writing, with 14 the Citizens Assembly/Council on Public Aid with respect to 15 the investment of funds from the Public Assistance Emergency 16 Revolving Fund outside the State Treasury in certificates of 17 deposit or other interest-bearing accounts. 18 (Source: P.A. 92-111, eff. 1-1-02.) 19 Section 7. The Vital Records Act is amended by changing 20 Section 12 as follows: 21 (410 ILCS 535/12) (from Ch. 111 1/2, par. 73-12) 22 Sec. 12. Live births; place of registration. 23 (1) Each live birth which occurs in this State shall be 24 registered with the local or subregistrar of the district in 25 which the birth occurred as provided in this Section, within 26 7 days after the birth. When a birth occurs on a moving 27 conveyance, the city, village, township, or road district in 28 which the child is first removed from the conveyance shall be 29 considered the place of birth and a birth certificate shall 30 be filed in the registration district in which the place is 31 located. 32 (2) When a birth occurs in an institution, the person in SB2224 Engrossed -45- LRB9211345DJgc 1 charge of the institution or his designated representative 2 shall obtain and record all the personal and statistical 3 particulars relative to the parents of the child that are 4 required to properly complete the live birth certificate; 5 shall secure the required personal signatures on the hospital 6 worksheet; shall prepare the certificate from this worksheet; 7 and shall file the certificate with the local registrar. The 8 institution shall retain the hospital worksheet permanently 9 or as otherwise specified by rule. The physician in 10 attendance shall verify or provide the date of birth and 11 medical information required by the certificate, within 24 12 hours after the birth occurs. 13 (3) When a birth occurs outside an institution, the 14 certificate shall be prepared and filed by one of the 15 following in the indicated order of priority: 16 (a) The physician in attendance at or immediately 17 after the birth, or in the absence of such a person, 18 (b) Any other person in attendance at or 19 immediately after the birth, or in the absence of such a 20 person, 21 (c) The father, the mother, or in the absence of 22 the father and the inability of the mother, the person in 23 charge of the premises where the birth occurred. 24 (4) Unless otherwise provided in this Act, if the mother 25 was not married to the father of the child at either the time 26 of conception or the time of birth, the name of the father 27 shall be entered on the child's birth certificate only if the 28 mother and the person to be named as the father have signed 29 an acknowledgment of parentage in accordance with subsection 30 (5). 31 Unless otherwise provided in this Act, if the mother was 32 married at the time of conception or birth and the presumed 33 father (that is, the mother's husband) is not the biological 34 father of the child, the name of the biological father shall SB2224 Engrossed -46- LRB9211345DJgc 1 be entered on the child's birth certificate only if, in 2 accordance with subsection (5), (i) the mother and the person 3 to be named as the father have signed an acknowledgment of 4 parentage and (ii) the mother and presumed father have signed 5 a denial of paternity. 6 (5) Upon the birth of a child to an unmarried woman, or 7 upon the birth of a child to a woman who was married at the 8 time of conception or birth and whose husband is not the 9 biological father of the child, the institution at the time 10 of birth and the local registrar or county clerk after the 11 birth shall do the following: 12 (a) Provide (i) an opportunity for the child's 13 mother and father to sign an acknowledgment of parentage 14 and (ii) if the presumed father is not the biological 15 father, an opportunity for the mother and presumed father 16 to sign a denial of paternity. The signing and 17 witnessing of the acknowledgment of parentage or, if the 18 presumed father of the child is not the biological 19 father, the acknowledgment of parentage and denial of 20 paternity conclusively establishes a parent and child 21 relationship in accordance with Sections 5 and 6 of the 22 Illinois Parentage Act of 1984. 23 The Illinois Department of Public Aid shall furnish 24 the acknowledgment of parentage and denial of paternity 25 form to institutions, county clerks, and State and local 26 registrars' offices. The form shall include instructions 27 to send the original signed and witnessed acknowledgment 28 of parentage and denial of paternity to the Illinois 29 Department of Public Aid. 30 (b) Provide the following documents, furnished by 31 the Illinois Department of Public Aid, to the child's 32 mother, biological father, and (if the person presumed to 33 be the child's father is not the biological father) 34 presumed father for their review at the time the SB2224 Engrossed -47- LRB9211345DJgc 1 opportunity is provided to establish a parent and child 2 relationship: 3 (i) An explanation of the implications of, 4 alternatives to, legal consequences of, and the 5 rights and responsibilities that arise from signing 6 an acknowledgment of parentage and, if necessary, a 7 denial of paternity, including an explanation of the 8 parental rights and responsibilities of child 9 support, visitation, custody, retroactive support, 10 health insurance coverage, and payment of birth 11 expenses. 12 (ii) An explanation of the benefits of having 13 a child's parentage established and the availability 14 of parentage establishment and child support 15 enforcement services. 16 (iii) A request for an application for child 17 support enforcement services from the Illinois 18 Department of Public Aid. 19 (iv) Instructions concerning the opportunity 20 to speak, either by telephone or in person, with 21 staff of the Illinois Department of Public Aid who 22 are trained to clarify information and answer 23 questions about paternity establishment. 24 (v) Instructions for completing and signing 25 the acknowledgment of parentage and denial of 26 paternity. 27 (c) Provide an oral explanation of the documents 28 and instructions set forth in subdivision (5)(b), 29 including an explanation of the implications of, 30 alternatives to, legal consequences of, and the rights 31 and responsibilities that arise from signing an 32 acknowledgment of parentage and, if necessary, a denial 33 of paternity. The oral explanation may be given in 34 person or through the use of video or audio equipment. SB2224 Engrossed -48- LRB9211345DJgc 1 (6) The institution, State or local registrar, or county 2 clerk shall provide an opportunity for the child's father or 3 mother to sign a rescission of parentage. The signing and 4 witnessing of the rescission of parentage voids the 5 acknowledgment of parentage and nullifies the presumption of 6 paternity if executed and filed with the Illinois Department 7 of Public Aid within the time frame contained in Section 5 of 8 the Illinois Parentage Act of 1984. The Illinois Department 9 of Public Aid shall furnish the rescission of parentage form 10 to institutions, county clerks, and State and local 11 registrars' offices. The form shall include instructions to 12 send the original signed and witnessed rescission of 13 parentage to the Illinois Department of Public Aid. 14 (7) An acknowledgment of paternity signed pursuant to 15 Section 6 of the Illinois Parentage Act of 1984 may be 16 challenged in court only on the basis of fraud, duress, or 17 material mistake of fact, with the burden of proof upon the 18 challenging party. Pending outcome of a challenge to the 19 acknowledgment of paternity, the legal responsibilities of 20 the signatories shall remain in full force and effect, except 21 upon order of the court upon a showing of good cause. 22 (8) When the process for acknowledgment of parentage as 23 provided for under subsection (5) establishes the paternity 24 of a child whose certificate of birth is on file in another 25 state, the Illinois Department of Public Aid shall forward a 26 copy of the acknowledgment of parentage, the denial of 27 paternity, if applicable, and the rescission of parentage, if 28 applicable, to the birth record agency of the state where the 29 child's certificate of birth is on file. 30 (9) In the event the parent-child relationship has been 31 established in accordance with subdivision (a)(1) of Section 32 6 of the Parentage Act of 1984, the names of the biological 33 mother and biological father so established shall be entered 34 on the child's birth certificate, and the names of the SB2224 Engrossed -49- LRB9211345DJgc 1 surrogate mother and surrogate mother's husband, if any, 2 shall not be on the birth certificate. 3 (Source: P.A. 90-18, eff. 7-1-97; 90-790, eff. 8-14-98; 4 91-308, eff. 7-29-99.) 5 Section 10. The Illinois Marriage and Dissolution of 6 Marriage Act is amended by changing Sections 505.1, 506, 7 507.1, 510, 516, 709, and 710 as follows: 8 (750 ILCS 5/505.1) (from Ch. 40, par. 505.1) 9 Sec. 505.1. (a) Whenever it is determined in a 10 proceeding to establish or enforce a child support or 11 maintenance obligation that the person owing a duty of 12 support is unemployed, the court may order the person to seek 13 employment and report periodically to the court with a diary, 14 listing or other memorandum of his or her efforts in 15 accordance with such order. Additionally, the court may order 16 the unemployed person to report to the Department of 17 Employment Security for job search services or to make 18 application with the local Job Training Partnership Act 19 provider for participation in job search, training or work 20 programs and where the duty of support is owed to a child 21 receiving child support enforcement services under Article X 22 of the Illinois Public Aid Code, as amended, the court may 23 order the unemployed person to report to the Illinois 24 Department of Public Aid for participation in job search, 25 training or work programs established under Section 9-6 and 26 Article IXA of that Code. 27 (b) Whenever it is determined that a person owes 28 past-due support for a child or for a child and the parent 29 with whom the child is living, and the child is receiving 30 assistance under the Illinois Public Aid Code, the court 31 shall order at the request of the Illinois Department of 32 Public Aid: SB2224 Engrossed -50- LRB9211345DJgc 1 (1) that the person pay the past-due support in 2 accordance with a plan approved by the court; or 3 (2) if the person owing past-due support is 4 unemployed, is subject to such a plan, and is not 5 incapacitated, that the person participate in such job 6 search, training, or work programs established under 7 Section 9-6 and Article IXA of the Illinois Public Aid 8 Code as the court deems appropriate. 9 (Source: P.A. 90-18, eff. 7-1-97; 91-357, eff. 7-29-99.) 10 (750 ILCS 5/506) (from Ch. 40, par. 506) 11 Sec. 506. Representation of child. 12 (a) Duties. In any proceedings involving the support, 13 custody, visitation, education, parentage, property interest, 14 or general welfare of a minor or dependent child, the court 15 may, on its own motion or that of any party, and subject to 16 the terms or specifications the court determines, appoint an 17 attorney to serve in one of the following capacities: 18 (1) as an attorney to represent the child; 19 (2) as a guardian ad litem to address issues the 20 court delineates; 21 (3) as a child's representative whose duty shall be 22 to advocate what the representative finds to be in the 23 best interests of the child after reviewing the facts and 24 circumstances of the case. The child's representative 25 shall have the same power and authority to take part in 26 the conduct of the litigation as does an attorney for a 27 party and shall possess all the powers of investigation 28 and recommendation as does a guardian ad litem. The 29 child's representative shall consider, but not be bound 30 by, the expressed wishes of the child. A child's 31 representative shall have received training in child 32 advocacy or shall possess such experience as determined 33 to be equivalent to such training by the chief judge of SB2224 Engrossed -51- LRB9211345DJgc 1 the circuit where the child's representative has been 2 appointed. The child's representative shall not disclose 3 confidential communications made by the child, except as 4 required by law or by the Rules of Professional Conduct. 5 The child's representative shall not be called as a 6 witness regarding the issues set forth in this 7 subsection. 8 During the proceedings the court may appoint an 9 additional attorney to serve in another of the capacities 10 described in subdivisions (a)(1), (a)(2), or (a)(3) on its 11 own motion or that of a party only for good cause shown and 12 when the reasons for the additional appointment are set forth 13 in specific findings. 14 (b) Fees and costs. The court shall enter an order as 15 appropriate for costs, fees, and disbursements, including a 16 retainer, when the attorney, guardian ad litem, or child's 17 representative is appointed, and thereafter as necessary. 18 Such orders shall require payment by either or both parents, 19 by any other party or source, or from the marital estate or 20 the child's separate estate. The court may not order payment 21 by the Illinois Department of Public Aid in cases in which 22 the Department is providing childand spousesupport 23 enforcement services under Article X of the Illinois Public 24 Aid Code. Unless otherwise ordered by the court at the time 25 fees and costs are approved, all fees and costs payable to an 26 attorney, guardian ad litem, or child's representative under 27 this Section are by implication deemed to be in the nature of 28 support of the child and are within the exceptions to 29 discharge in bankruptcy under 11 U.S.C.A. 523. The 30 provisions of Sections 501 and 508 of this Act shall apply to 31 fees and costs for attorneys appointed under this Section. 32 (Source: P.A. 90-309, eff. 1-1-98; 91-410, eff. 1-1-00.) 33 (750 ILCS 5/507.1) SB2224 Engrossed -52- LRB9211345DJgc 1 Sec. 507.1. Payment of Support to State Disbursement 2 Unit. 3 (a) As used in this Section: 4 "Order for support", "obligor", "obligee", and "payor" 5 mean those terms as defined in the Income Withholding for 6 Support Act, except that "order for support" shall not mean 7 orders providing for spousal maintenance under which there is 8 no child support obligation. 9 (b) Notwithstanding any other provision of this Act to 10 the contrary, each order for support entered or modified on 11 or after October 1, 1999 shall require that support payments 12 be made to the State Disbursement Unit established under 13 Section 10-26 of the Illinois Public Aid Code if: 14 (1) a party to the order is receiving childand15spousesupport enforcement services under Article X of 16 the Illinois Public Aid Code; or 17 (2) no party to the order is receiving childand18spousesupport enforcement services, but the support 19 payments are made through income withholding. 20 (c) Support payments shall be made to the State 21 Disbursement Unit if: 22 (1) the order for support was entered before 23 October 1, 1999, and a party to the order is receiving 24 childand spousesupport enforcement services under 25 Article X of the Illinois Public Aid Code; or 26 (2) no party to the order is receiving childand27spousesupport enforcement services, and the support 28 payments are being made through income withholding. 29 (c-5) If no party to the order is receiving childand30spousesupport enforcement services under Article X of the 31 Illinois Public Aid Code, and the support payments are not 32 made through income withholding, then support payments shall 33 be made as directed by the order for support. 34 (c-10) At any time, and notwithstanding the existence of SB2224 Engrossed -53- LRB9211345DJgc 1 an order directing payments to be made elsewhere, the 2 Department of Public Aid may provide notice to the obligor 3 and, where applicable, to the obligor's payor: 4 (1) to make support payments to the State 5 Disbursement Unit if: 6 (A) a party to the order for support is 7 receiving child support enforcement services under 8 Article X of the Illinois Public Aid Code; or 9 (B) no party to the order for support is 10 receiving child support enforcement services under 11 Article X of the Illinois Public Aid Code, but the 12 support payments are made through income 13 withholding; or 14 (2) to make support payments to the State 15 Disbursement Unit of another state upon request of 16 another state's Title IV-D child support enforcement 17 agency, in accordance with the requirements of Title IV, 18 Part D of the Social Security Act and regulations 19 promulgated under that Part D. 20 The Department of Public Aid shall provide a copy of the 21 notice to the obligee and to the clerk of the circuit court. 22Within 15 days after the effective date of this amendatory23Act of the 91st General Assembly, the Illinois Department24shall provide written notice to the clerk of the circuit25court, the obligor, and, where applicable, the obligor's26payor to make payments to the State Disbursement Unit if:27(1) the order for support was entered before28October 1, 1999, and a party to the order is receiving29child and spouse support services under Article X of the30Illinois Public Aid Code; or31(2) no party to the order is receiving child and32spouse support services, and the support payments are33being made through income withholding.34 (c-15) Within 15 days after the effective date of this SB2224 Engrossed -54- LRB9211345DJgc 1 amendatory Act of the 91st General Assembly, the clerk of the 2 circuit court shall provide written notice to the obligor to 3 make payments directly to the clerk of the circuit court if 4 no party to the order is receiving childand spousesupport 5 enforcement services under Article X of the Illinois Public 6 Aid Code, the support payments are not made through income 7 withholding, and the order for support requires support 8 payments to be made directly to the clerk of the circuit 9 court. The clerk shall provide a copy of the notice to the 10 obligee. 11 (c-20) If the State Disbursement Unit receives a support 12 payment that was not appropriately made to the Unit under 13 this Section, the Unit shall immediately return the payment 14 to the sender, including, if possible, instructions detailing 15 where to send the support payment. 16 (d) The noticesrequiredunder subsections (c-10) and 17 (c-15) may be sent by ordinary mail, certified mail, return 18 receipt requested, facsimile transmission, or other 19 electronic process, or may be served upon the obligor or 20 payor using any method provided by law for service of a 21 summons.The Illinois Department of Public Aid shall provide22a copy of the notice to the obligee and to the clerk of the23court.24 (Source: P.A. 91-212, eff. 7-20-99; 91-677, eff. 1-5-00.) 25 (750 ILCS 5/510) (from Ch. 40, par. 510) 26 Sec. 510. Modification and termination of provisions for 27 maintenance, support, educational expenses, and property 28 disposition. 29 (a) Except as otherwise provided in paragraph (f) of 30 Section 502 and in subsection (b)(d), clause (3) of Section 31 505.2, the provisions of any judgment respecting maintenance 32 or support may be modified only as to installments accruing 33 subsequent to due notice by the moving party of the filing of SB2224 Engrossed -55- LRB9211345DJgc 1 the motion for modification and, with respect to maintenance, 2 only upon a showing of a substantial change in circumstances. 3 An order for child support may be modified as follows: 4 (1) upon a showing of a substantial change in 5 circumstances; and 6 (2) without the necessity of showing a substantial 7 change in circumstances, as follows: 8 (A) upon a showing of an inconsistency of at 9 least 20%, but no less than $10 per month, between 10 the amount of the existing order and the amount of 11 child support that results from application of the 12 guidelines specified in Section 505 of this Act 13 unless the inconsistency is due to the fact that the 14 amount of the existing order resulted from a 15 deviation from the guideline amount and there has 16 not been a change in the circumstances that resulted 17 in that deviation; or 18 (B) Upon a showing of a need to provide for 19 the health care needs of the child under the order 20 through health insurance or other means. In no 21 event shall the eligibility for or receipt of 22 medical assistance be considered to meet the need to 23 provide for the child's health care needs. 24 The provisions of subparagraph (a)(2)(A) shall apply only 25 in cases in which a party is receiving childand spouse26 support enforcement services from the Illinois Department of 27 Public Aid under Article X of the Illinois Public Aid Code, 28 and only when at least 36 months have elapsed since the order 29 for child support was entered or last modified. 30 (b) The provisions as to property disposition may not be 31 revoked or modified, unless the court finds the existence of 32 conditions that justify the reopening of a judgment under the 33 laws of this State. 34 (c) Unless otherwise agreed by the parties in a written SB2224 Engrossed -56- LRB9211345DJgc 1 agreement set forth in the judgment or otherwise approved by 2 the court, the obligation to pay future maintenance is 3 terminated upon the death of either party, or the remarriage 4 of the party receiving maintenance, or if the party receiving 5 maintenance cohabits with another person on a resident, 6 continuing conjugal basis. 7 (d) Unless otherwise agreed in writing or expressly 8 provided in a judgment, provisions for the support of a child 9 are terminated by emancipation of the child, except as 10 otherwise provided herein, but not by the death of a parent 11 obligated to support or educate the child. An existing 12 obligation to pay for support or educational expenses, or 13 both, is not terminated by the death of a parent. When a 14 parent obligated to pay support or educational expenses, or 15 both, dies, the amount of support or educational expenses, or 16 both, may be enforced, modified, revoked or commuted to a 17 lump sum payment, as equity may require, and that 18 determination may be provided for at the time of the 19 dissolution of the marriage or thereafter. 20 (e) The right to petition for support or educational 21 expenses, or both, under Sections 505 and 513 is not 22 extinguished by the death of a parent. Upon a petition filed 23 before or after a parent's death, the court may award sums of 24 money out of the decedent's estate for the child's support or 25 educational expenses, or both, as equity may require. The 26 time within which a claim may be filed against the estate of 27 a decedent under Sections 505 and 513 and subsection (d) and 28 this subsection shall be governed by the provisions of the 29 Probate Act of 1975, as a barrable, noncontingent claim. 30 (f) A petition to modify or terminate child support, 31 custody, or visitation shall not delay any child support 32 enforcement litigation or supplementary proceeding on behalf 33 of the obligee, including, but not limited to, a petition for 34 a rule to show cause, for non-wage garnishment, or for a SB2224 Engrossed -57- LRB9211345DJgc 1 restraining order. 2 (Source: P.A. 92-289, eff. 8-9-01; revised 12-07-01.) 3 (750 ILCS 5/516) (from Ch. 40, par. 516) 4 Sec. 516. Public Aid collection fee. In all cases 5 instituted by the Illinois Department of Public Aid on behalf 6 of a child or spouse, other than one receiving a grant of 7 financial aid under Article IV of The Illinois Public Aid 8 Code, on whose behalf an application has been made and 9 approved for child support enforcement services as provided 10 by Section 10-1 of that Code, the court shall impose a 11 collection fee on the individual who owes a child or spouse 12 support obligation in an amount equal to 10% of the amount so 13 owed as long as such collection is required by federal law, 14 which fee shall be in addition to the support obligation. 15 The imposition of such fee shall be in accordance with 16 provisions of Title IV, Part D, of the Social Security Act 17 and regulations duly promulgated thereunder. The fee shall 18 be payable to the clerk of the circuit court for transmittal 19 to the Illinois Department of Public Aid and shall continue 20 until child support enforcement services are terminated by 21 that Department. 22 (Source: P.A. 82-979.) 23 (750 ILCS 5/709) (from Ch. 40, par. 709) 24 Sec. 709. Mandatory child support payments to clerk. 25 (a) As of January 1, 1982, child support orders entered 26 in any county covered by this subsection shall be made 27 pursuant to the provisions of Sections 709 through 712 of 28 this Act. For purposes of these Sections, the term "child 29 support payment" or "payment" shall include any payment 30 ordered to be made solely for the purpose of the support of a 31 child or children or any payment ordered for general support 32 which includes any amount for support of any child or SB2224 Engrossed -58- LRB9211345DJgc 1 children. 2 The provisions of Sections 709 through 712 shall be 3 applicable to any county with a population of 2 million or 4 more and to any other county which notifies the Supreme Court 5 of its desire to be included within the coverage of these 6 Sections and is certified pursuant to Supreme Court Rules. 7 The effective date of inclusion, however, shall be 8 subject to approval of the application for reimbursement of 9 the costs of the support program by the Department of Public 10 Aid as provided in Section 712. 11 (b) In any proceeding for a dissolution of marriage, 12 legal separation, or declaration of invalidity of marriage, 13 or in any supplementary proceedings in which a judgment or 14 modification thereof for the payment of child support is 15 entered on or after January 1, 1982, in any county covered by 16 Sections 709 through 712, and the person entitled to payment 17 is receiving a grant of financial aid under Article IV of the 18 Illinois Public Aid Code or has applied and qualified for 19 child support enforcement services under Section 10-1 of that 20 Code, the court shall direct: (1) that such payments be made 21 to the clerk of the court and (2) that the parties affected 22 shall each thereafter notify the clerk of any change of 23 address or change in other conditions that may affect the 24 administration of the order, including the fact that a party 25 who was previously not on public aid has become a recipient 26 of public aid, within 10 days of such change. All notices 27 sent to the obligor's last known address on file with the 28 clerk shall be deemed sufficient to proceed with enforcement 29 pursuant to the provisions of Sections 709 through 712. 30 In all other cases, the court may direct that payments be 31 made to the clerk of the court. 32 (c) Except as provided in subsection (d) of this 33 Section, the clerk shall disburse the payments to the person 34 or persons entitled thereto under the terms of the order or SB2224 Engrossed -59- LRB9211345DJgc 1 judgment. 2 (d) The court shall determine, prior to the entry of the 3 support order, if the party who is to receive the support is 4 presently receiving public aid or has a current application 5 for public aid pending and shall enter the finding on the 6 record. 7 If the person entitled to payment is a recipient of aid 8 under the Illinois Public Aid Code, the clerk, upon being 9 informed of this fact by finding of the court, by 10 notification by the party entitled to payment, by the 11 Illinois Department of Public Aid or by the local 12 governmental unit, shall make all payments to: (1) the 13 Illinois Department of Public Aid if the person is a 14 recipient under Article III, IV, or V of the Code or (2) the 15 local governmental unit responsible for his or her support if 16 the person is a recipient under Article VI or VII of the 17 Code. In accordance with federal law and regulations, the 18 Illinois Department of Public Aid may continue to collect 19 current maintenance payments or child support payments, or 20 both, after those persons cease to receive public assistance 21 and until termination of services under Article X of the 22 Illinois Public Aid Code. The Illinois Department of Public 23 Aid shall pay the net amount collected to those persons after 24 deducting any costs incurred in making the collection or any 25 collection fee from the amount of any recovery made. Upon 26 termination of public aid payments to such a recipient or 27 termination of services under Article X of the Illinois 28 Public Aid Code, the Illinois Department of Public Aid or the 29 appropriate local governmental unit shall notify the clerk in 30 writing or by electronic transmission that all subsequent 31 payments are to be sent directly to the person entitled 32 thereto. 33 Upon notification in writing or by electronic 34 transmission from the Illinois Department of Public Aid to SB2224 Engrossed -60- LRB9211345DJgc 1 the clerk of the court that a person who is receiving support 2 payments under this Section is receiving services under the 3 Child Support Enforcement Program established by Title IV-D 4 of the Social Security Act, any support payments subsequently 5 received by the clerk of the court shall be transmitted in 6 accordance with the instructions of the Illinois Department 7 of Public Aid until the Department gives notice to the clerk 8 of the court to cease the transmittal. After providing the 9 notification authorized under this paragraph, the Illinois 10 Department of Public Aid shall be entitled as a party to 11 notice of any further proceedings in the case. The clerk of 12 the court shall file a copy of the Illinois Department of 13 Public Aid's notification in the court file. The failure of 14 the clerk to file a copy of the notification in the court 15 file shall not, however, affect the Illinois Department of 16 Public Aid's right to receive notice of further proceedings. 17 Payments under this Section to the Illinois Department of 18 Public Aid pursuant to the Child Support Enforcement Program 19 established by Title IV-D of the Social Security Act shall be 20 paid into the Child Support Enforcement Trust Fund. All 21 payments under this Section to the Illinois Department of 22 Human Services shall be deposited in the DHS Recoveries Trust 23 Fund. Disbursements from these funds shall be as provided in 24 the Illinois Public Aid Code. Payments received by a local 25 governmental unit shall be deposited in that unit's General 26 Assistance Fund. 27 (e) Any order or judgment may be amended by the court, 28 upon its own motion or upon the motion of either party, to 29 conform with the provisions of Sections 709 through 712, 30 either as to the requirement of making payments to the clerk 31 or, where payments are already being made to the clerk, as to 32 the statutory fees provided for under Section 711. 33 (f) The clerk may invest in any interest bearing account 34 or in any securities, monies collected for the benefit of a SB2224 Engrossed -61- LRB9211345DJgc 1 payee, where such payee cannot be found; however, the 2 investment may be only for the period until the clerk is able 3 to locate and present the payee with such monies. The clerk 4 may invest in any interest bearing account, or in any 5 securities, monies collected for the benefit of any other 6 payee; however, this does not alter the clerk's obligation to 7 make payments to the payee in a timely manner. Any interest 8 or capital gains accrued shall be for the benefit of the 9 county and shall be paid into the special fund established in 10 subsection (b) of Section 711. 11 (g) The clerk shall establish and maintain a payment 12 record of all monies received and disbursed and such record 13 shall constitute prima facie evidence of such payment and 14 non-payment, as the case may be. 15 (h) For those cases in which child support is payable to 16 the clerk of the circuit court for transmittal to the 17 Illinois Department of Public Aid by order of court or upon 18 notification by the Illinois Department of Public Aid, the 19 clerk shall transmit all such payments, within 4 working days 20 of receipt, to insure that funds are available for immediate 21 distribution by the Department to the person or entity 22 entitled thereto in accordance with standards of the Child 23 Support Enforcement Program established under Title IV-D of 24 the Social Security Act. The clerk shall notify the 25 Department of the date of receipt and amount thereof at the 26 time of transmittal. Where the clerk has entered into an 27 agreement of cooperation with the Department to record the 28 terms of child support orders and payments made thereunder 29 directly into the Department's automated data processing 30 system, the clerk shall account for, transmit and otherwise 31 distribute child support payments in accordance with such 32 agreement in lieu of the requirements contained herein. 33 (i) To the extent the provisions of this Section are 34 inconsistent with the requirements pertaining to the State SB2224 Engrossed -62- LRB9211345DJgc 1 Disbursement Unit under Section 507.1 of this Act and Section 2 10-26 of the Illinois Public Aid Code, the requirements 3 pertaining to the State Disbursement Unit shall apply. 4 (Source: P.A. 91-24, eff. 7-1-99; 91-212, eff. 7-20-99; 5 92-16, eff. 6-28-01.) 6 (750 ILCS 5/710) (from Ch. 40, par. 710) 7 Sec. 710. Enforcement; Penalties. 8 (a) In counties certified as included under the 9 provisions of Sections 709 through 712 and whose application 10 for reimbursement is approved, there shall be instituted a 11 child support enforcement program to be conducted by the 12 clerk of the circuit court and the state's attorney of the 13 county. The program is to be limited to enforcement of child 14 support orders entered pursuant to this Act. 15 The child support enforcement program is to be conducted 16 only on behalf of dependent children included in a grant of 17 financial aid under Article IV of The Illinois Public Aid 18 Code and parties who apply and qualify for child support 19 enforcement services pursuant to Section 10-1 of such Code. 20 Nothing in this Section shall be construed to prohibit 21 the establishment of a child support enforcement program by 22 the clerk of the circuit court in cooperation with the 23 State's Attorney of the county. 24 (b) In the event of a delinquency in payment, as 25 determined from the record maintained by the clerk in a 26 county covered by the child support enforcement program, such 27 clerk shall notify both the party obligated to make the 28 payment, hereinafter called the payor, and the recipient of 29 such payment, hereinafter called the payee, of such 30 delinquency and that if the amount then due and owing is not 31 remitted in the time period required by circuit court rules, 32 the matter will be referred to the state's attorney for 33 enforcement proceedings. Upon failure of the payor to remit SB2224 Engrossed -63- LRB9211345DJgc 1 as required, the clerk shall refer the matter to the state's 2 attorney, except as provided by rule of the circuit court. 3 (c) Upon referral from the clerk, the state's attorney 4 shall promptly initiate enforcement proceedings against the 5 payor. Legal representation by the state's attorney shall be 6 limited to child support and shall not extend to visitation, 7 custody, property or other matters; however, if the payor 8 properly files pleadings raising such matters during the 9 course of the child support hearing and the court finds that 10 it has jurisdiction of such matters, the payee shall be 11 granted the opportunity to obtain a continuance in order to 12 secure representation for those other matters, and the court 13 shall not delay entry of an appropriate support order pending 14 the disposition of such other matters. 15 If the state's attorney does not commence enforcement 16 proceedings within 30 days, the clerk shall inform the court 17 which, upon its own motion, shall appoint counsel for 18 purposes of enforcement. The fees and expenses of such 19 counsel shall be paid by the payor and shall not be paid by 20 the State. 21 Nothing in this Section shall be construed to prevent a 22 payee from instituting independent enforcement proceedings or 23 limit the remedies available to payee in such proceedings. 24 However, absent the exercise under this provision of a 25 private right of enforcement, enforcement shall be as 26 otherwise provided in this Section. 27 (d) At the time any support order is entered, the payee 28 shall be informed of the procedure used for enforcement and 29 shall be given the address and telephone number both of the 30 clerk and of the Child and Spouse Support Unit as provided in 31 Section 712. 32 The payee shall be informed that, if no action is taken 33 within 2 months of any complaint to the clerk, payee may 34 contact the Unit to seek assistance in obtaining enforcement. SB2224 Engrossed -64- LRB9211345DJgc 1 (e) Upon a finding that payor is in default and that 2 such non-payment is for a period of two months and that such 3 non-payment is without good cause, the court shall order the 4 payor to pay a sum equal to 2% of the arrearage as a penalty 5 along with his payment. 6 The court may further assess against the payor any fees 7 and expenses incurred in the enforcement of any order or the 8 reasonable value thereof and may impose any penalty otherwise 9 available to it in a case of contempt. 10 All penalties, fees and expenses assessed against the 11 payor pursuant to this subsection are to cover the expenses 12 of enforcement, are to be paid to the clerk and are to be 13 placed by him in the special fund provided for in Section 14 711. 15 (f) Any person not covered by the child support 16 enforcement program may institute private and independent 17 proceedings to enforce payment of support. 18 (Source: P.A. 88-284.) 19 Section 15. The Non-Support Punishment Act is amended by 20 changing Sections 7, 20, 25, 35, and 60 as follows: 21 (750 ILCS 16/7) 22 Sec. 7. Prosecutions by Attorney General. In addition 23 to enforcement proceedings by the several State's Attorneys, 24 a proceeding for the enforcement of this Act may be 25 instituted and prosecuted by the Attorney General in cases 26 referred by the Illinois Department of Public Aid involving 27 persons receiving childand spousesupport enforcement 28 services under Article X of the Illinois Public Aid Code. 29 Before referring a case to the Attorney General for 30 enforcement under this Act, the Department of Public Aid 31 shall notify the person receiving childand spousesupport 32 enforcement services under Article X of the Illinois Public SB2224 Engrossed -65- LRB9211345DJgc 1 Aid Code of the Department's intent to refer the case to the 2 Attorney General under this Section for prosecution. 3 (Source: P.A. 91-613, eff. 10-1-99.) 4 (750 ILCS 16/20) 5 Sec. 20. Entry of order for support; income withholding. 6 (a) In a case in which no court or administrative order 7 for support is in effect against the defendant: 8 (1) at any time before the trial, upon motion of 9 the State's Attorney, or of the Attorney General if the 10 action has been instituted by his office, and upon notice 11 to the defendant, or at the time of arraignment or as a 12 condition of postponement of arraignment, the court may 13 enter such temporary order for support as may seem just, 14 providing for the support or maintenance of the spouse or 15 child or children of the defendant, or both, pendente 16 lite; or 17 (2) before trial with the consent of the defendant, 18 or at the trial on entry of a plea of guilty, or after 19 conviction, instead of imposing the penalty provided in 20 this Act, or in addition thereto, the court may enter an 21 order for support, subject to modification by the court 22 from time to time as circumstances may require, directing 23 the defendant to pay a certain sum for maintenance of the 24 spouse, or for support of the child or children, or both. 25 (b) The court shall determine the amount of child 26 support by using the guidelines and standards set forth in 27 subsection (a) of Section 505 and in Section 505.2 of the 28 Illinois Marriage and Dissolution of Marriage Act. 29 If (i) the non-custodial parent was properly served with 30 a request for discovery of financial information relating to 31 the non-custodial parent's ability to provide child support, 32 (ii) the non-custodial parent failed to comply with the 33 request, despite having been ordered to do so by the court, SB2224 Engrossed -66- LRB9211345DJgc 1 and (iii) the non-custodial parent is not present at the 2 hearing to determine support despite having received proper 3 notice, then any relevant financial information concerning 4 the non-custodial parent's ability to provide support that 5 was obtained pursuant to subpoena and proper notice shall be 6 admitted into evidence without the need to establish any 7 further foundation for its admission. 8 (c) The court shall determine the amount of maintenance 9 using the standards set forth in Section 504 of the Illinois 10 Marriage and Dissolution of Marriage Act. 11 (d) The court may, for violation of any order under this 12 Section, punish the offender as for a contempt of court, but 13 no pendente lite order shall remain in effect longer than 4 14 months, or after the discharge of any panel of jurors 15 summoned for service thereafter in such court, whichever is 16 sooner. 17 (e) Any order for support entered by the court under 18 this Section shall be deemed to be a series of judgments 19 against the person obligated to pay support under the 20 judgments, each such judgment to be in the amount of each 21 payment or installment of support and each judgment to be 22 deemed entered as of the date the corresponding payment or 23 installment becomes due under the terms of the support order. 24 Each judgment shall have the full force, effect, and 25 attributes of any other judgment of this State, including the 26 ability to be enforced. Each judgment is subject to 27 modification or termination only in accordance with Section 28 510 of the Illinois Marriage and Dissolution of Marriage Act. 29 A lien arises by operation of law against the real and 30 personal property of the noncustodial parent for each 31 installment of overdue support owed by the noncustodial 32 parent. 33 (f) An order for support entered under this Section 34 shall include a provision requiring the obligor to report to SB2224 Engrossed -67- LRB9211345DJgc 1 the obligee and to the clerk of the court within 10 days each 2 time the obligor obtains new employment, and each time the 3 obligor's employment is terminated for any reason. The 4 report shall be in writing and shall, in the case of new 5 employment, include the name and address of the new employer. 6 Failure to report new employment or the termination of 7 current employment, if coupled with nonpayment of support for 8 a period in excess of 60 days, is indirect criminal contempt. 9 For any obligor arrested for failure to report new 10 employment, bond shall be set in the amount of the child 11 support that should have been paid during the period of 12 unreported employment. 13 An order for support entered under this Section shall 14 also include a provision requiring the obligor and obligee 15 parents to advise each other of a change in residence within 16 5 days of the change except when the court finds that the 17 physical, mental, or emotional health of a party or of a 18 minor child, or both, would be seriously endangered by 19 disclosure of the party's address. 20 (g) An order for support entered or modified in a case 21 in which a party is receiving childand spousesupport 22 enforcement services under Article X of the Illinois Public 23 Aid Code shall include a provision requiring the noncustodial 24 parent to notify the Illinois Department of Public Aid, 25 within 7 days, of the name and address of any new employer of 26 the noncustodial parent, whether the noncustodial parent has 27 access to health insurance coverage through the employer or 28 other group coverage and, if so, the policy name and number 29 and the names of persons covered under the policy. 30 (h) In any subsequent action to enforce an order for 31 support entered under this Act, upon sufficient showing that 32 diligent effort has been made to ascertain the location of 33 the noncustodial parent, service of process or provision of 34 notice necessary in that action may be made at the last known SB2224 Engrossed -68- LRB9211345DJgc 1 address of the noncustodial parent, in any manner expressly 2 provided by the Code of Civil Procedure or in this Act, which 3 service shall be sufficient for purposes of due process. 4 (i) An order for support shall include a date on which 5 the current support obligation terminates. The termination 6 date shall be no earlier than the date on which the child 7 covered by the order will attain the age of majority or is 8 otherwise emancipated. The order for support shall state that 9 the termination date does not apply to any arrearage that may 10 remain unpaid on that date. Nothing in this subsection shall 11 be construed to prevent the court from modifying the order. 12 (j) A support obligation, or any portion of a support 13 obligation, which becomes due and remains unpaid for 30 days 14 or more shall accrue simple interest at the rate of 9% per 15 annum. An order for support entered or modified on or after 16 January 1, 2002 shall contain a statement that a support 17 obligation required under the order, or any portion of a 18 support obligation required under the order, that becomes due 19 and remains unpaid for 30 days or more shall accrue simple 20 interest at the rate of 9% per annum. Failure to include the 21 statement in the order for support does not affect the 22 validity of the order or the accrual of interest as provided 23 in this Section. 24 (Source: P.A. 91-613, eff. 10-1-99; 91-767, eff. 6-9-00; 25 92-374, eff. 8-15-01.) 26 (750 ILCS 16/25) 27 Sec. 25. Payment of support to State Disbursement Unit; 28 clerk of the court. 29 (a) As used in this Section, "order for support", 30 "obligor", "obligee", and "payor" mean those terms as defined 31 in the Income Withholding for Support Act. 32 (b) Each order for support entered or modified under 33 Section 20 of this Act shall require that support payments be SB2224 Engrossed -69- LRB9211345DJgc 1 made to the State Disbursement Unit established under the 2 Illinois Public Aid Code, under the following circumstances: 3 (1) when a party to the order is receiving childand4spousesupport enforcement services under Article X of 5 the Illinois Public Aid Code; or 6 (2) when no party to the order is receiving child 7and spousesupport enforcement services, but the support 8 payments are made through income withholding. 9 (c) When no party to the order is receiving childand10spousesupport enforcement services, and payments are not 11 being made through income withholding, the court shall order 12 the obligor to make support payments to the clerk of the 13 court. 14 (d) At any time, and notwithstanding the existence of an 15 order directing payments to be made elsewhere, the Department 16 of Public Aid may provide notice to the obligor and, where 17 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 SB2224 Engrossed -70- LRB9211345DJgc 1 notice to the obligee and to the clerk of the circuit court. 2In the case of an order for support entered by the court3under this Act before a party commenced receipt of child and4spouse support services, upon receipt of these services by a5party the Illinois Department of Public Aid shall provide6notice to the obligor to send any support payments he or she7makes personally to the State Disbursement Unit until further8direction of the Department. The Department shall provide a9copy of the notice to the obligee and to the clerk of the10court.11 (e) If a State Disbursement Unit as specified by federal 12 law has not been created in Illinois upon the effective date 13 of this Act, then, until the creation of a State Disbursement 14 Unit as specified by federal law, the following provisions 15 regarding payment and disbursement of support payments shall 16 control and the provisions in subsections (a), (b), (c), and 17 (d) shall be inoperative. Upon the creation of a State 18 Disbursement Unit as specified by federal law,this19subsection (e) shall be inoperative andthe payment and 20 disbursement provisions of subsections (a), (b), (c), and (d) 21 shall control, and this subsection (e) shall be inoperative 22 to the extent that it conflicts with those subsections. 23 (1) In cases in which an order for support is 24 entered under Section 20 of this Act, the court shall 25 order that maintenance and support payments be made to 26 the clerk of the court for remittance to the person or 27 agency entitled to receive the payments. However, the 28 court in its discretion may direct otherwise where 29 exceptional circumstances so warrant. 30 (2) The court shall direct that support payments be 31 sent by the clerk to (i) the Illinois Department of 32 Public Aid if the person in whose behalf payments are 33 made is receiving aid under Articles III, IV, or V of the 34 Illinois Public Aid Code, or childand spousesupport SB2224 Engrossed -71- LRB9211345DJgc 1 enforcement services under Article X of the Code, or (ii) 2 to the local governmental unit responsible for the 3 support of the person if he or she is a recipient under 4 Article VI of the Code. In accordance with federal law 5 and regulations, the Illinois Department of Public Aid 6 may continue to collect current maintenance payments or 7 child support payments, or both, after those persons 8 cease to receive public assistance and until termination 9 of services under Article X of the Illinois Public Aid 10 Code. The Illinois Department shall pay the net amount 11 collected to those persons after deducting any costs 12 incurred in making the collection or any collection fee 13 from the amount of any recovery made. The order shall 14 permit the Illinois Department of Public Aid or the local 15 governmental unit, as the case may be, to direct that 16 support payments be made directly to the spouse, 17 children, or both, or to some person or agency in their 18 behalf, upon removal of the spouse or children from the 19 public aid rolls or upon termination of services under 20 Article X of the Illinois Public Aid Code; and upon such 21 direction, the Illinois Department or the local 22 governmental unit, as the case requires, shall give 23 notice of such action to the court in writing or by 24 electronic transmission. 25 (3) The clerk of the court shall establish and 26 maintain current records of all moneys received and 27 disbursed and of delinquencies and defaults in required 28 payments. The court, by order or rule, shall make 29 provision for the carrying out of these duties. 30 (4) Upon notification in writing or by electronic 31 transmission from the Illinois Department of Public Aid 32 to the clerk of the court that a person who is receiving 33 support payments under this Section is receiving services 34 under the Child Support Enforcement Program established SB2224 Engrossed -72- LRB9211345DJgc 1 by Title IV-D of the Social Security Act, any support 2 payments subsequently received by the clerk of the court 3 shall be transmitted in accordance with the instructions 4 of the Illinois Department of Public Aid until the 5 Department gives notice to cease the transmittal. After 6 providing the notification authorized under this 7 paragraph, the Illinois Department of Public Aid shall be 8 a party and entitled to notice of any further proceedings 9 in the case. The clerk of the court shall file a copy of 10 the Illinois Department of Public Aid's notification in 11 the court file. The failure of the clerk to file a copy 12 of the notification in the court file shall not, however, 13 affect the Illinois Department of Public Aid's rights as 14 a party or its right to receive notice of further 15 proceedings. 16 (5) Payments under this Section to the Illinois 17 Department of Public Aid pursuant to the Child Support 18 Enforcement Program established by Title IV-D of the 19 Social Security Act shall be paid into the Child Support 20 Enforcement Trust Fund. All other payments under this 21 Section to the Illinois Department of Public Aid shall be 22 deposited in the Public Assistance Recoveries Trust Fund. 23 Disbursements from these funds shall be as provided in 24 the Illinois Public Aid Code. Payments received by a 25 local governmental unit shall be deposited in that unit's 26 General Assistance Fund. 27 (6) For those cases in which child support is 28 payable to the clerk of the circuit court for transmittal 29 to the Illinois Department of Public Aid by order of 30 court or upon notification by the Illinois Department of 31 Public Aid, the clerk shall transmit all such payments, 32 within 4 working days of receipt, to insure that funds 33 are available for immediate distribution by the 34 Department to the person or entity entitled thereto in SB2224 Engrossed -73- LRB9211345DJgc 1 accordance with standards of the Child Support 2 Enforcement Program established under Title IV-D of the 3 Social Security Act. The clerk shall notify the 4 Department of the date of receipt and amount thereof at 5 the time of transmittal. Where the clerk has entered 6 into an agreement of cooperation with the Department to 7 record the terms of child support orders and payments 8 made thereunder directly into the Department's automated 9 data processing system, the clerk shall account for, 10 transmit and otherwise distribute child support payments 11 in accordance with such agreement in lieu of the 12 requirements contained herein. 13 (Source: P.A. 91-613, eff. 10-1-99.) 14 (750 ILCS 16/35) 15 Sec. 35. Fine; release of defendant on probation; 16 violation of order for support; forfeiture of recognizance. 17 (a) Whenever a fine is imposed it may be directed by the 18 court to be paid, in whole or in part, to the spouse, 19 ex-spouse, or if the support of a child or children is 20 involved, to the custodial parent, to the clerk, probation 21 officer, or to the Illinois Department of Public Aid if a 22 recipient of childand spousesupport enforcement services 23 under Article X of the Illinois Public Aid Code is involved 24 as the case requires, to be disbursed by such officers or 25 agency under the terms of the order. 26 (b) The court may also relieve the defendant from custody 27 on probation for the period fixed in the order or judgment 28 upon his or her entering into a recognizance, with or without 29 surety, in the sum as the court orders and approves. The 30 condition of the recognizance shall be such that if the 31 defendant makes his or her personal appearance in court 32 whenever ordered to do so by the court, during such period as 33 may be so fixed, and further complies with the terms of the SB2224 Engrossed -74- LRB9211345DJgc 1 order for support, or any subsequent modification of the 2 order, then the recognizance shall be void; otherwise it will 3 remain in full force and effect. 4 (c) If the court is satisfied by testimony in open court, 5 that at any time during the period of one year the defendant 6 has violated the terms of the order for support, it may 7 proceed with the trial of the defendant under the original 8 charge, or sentence him or her under the original conviction, 9 or enforce the suspended sentence, as the case may be. In 10 case of forfeiture of recognizance, and enforcement of 11 recognizance by execution, the sum so recovered may, in the 12 discretion of the court, be paid, in whole or in part, to the 13 spouse, ex-spouse, or if the support of a child or children 14 is involved, to the custodial parent, to the clerk, or to the 15 Illinois Department of Public Aid if a recipient of childand16spousesupport enforcement services under Article X of the 17 Illinois Public Aid Code is involved as the case requires, to 18 be disbursed by the clerk or the Department under the terms 19 of the order. 20 (Source: P.A. 91-613, eff. 10-1-99.) 21 (750 ILCS 16/60) 22 Sec. 60. Unemployed persons owing duty of support. 23 (a) Whenever it is determined in a proceeding to 24 establish or enforce a child support or maintenance 25 obligation that the person owing a duty of support is 26 unemployed, the court may order the person to seek employment 27 and report periodically to the court with a diary, listing or 28 other memorandum of his or her efforts in accordance with 29 such order. Additionally, the court may order the unemployed 30 person to report to the Department of Employment Security for 31 job search services or to make application with the local Job 32 Training Partnership Act provider for participation in job 33 search, training, or work programs and where the duty of SB2224 Engrossed -75- LRB9211345DJgc 1 support is owed to a child receiving child support 2 enforcement services under Article X of the Illinois Public 3 Aid Code the court may order the unemployed person to report 4 to the Illinois Department of Public Aid for participation in 5 job search, training, or work programs established under 6 Section 9-6 and Article IXA of that Code. 7 (b) Whenever it is determined that a person owes past 8 due support for a child or for a child and the parent with 9 whom the child is living, and the child is receiving 10 assistance under the Illinois Public Aid Code, the court 11 shall order at the request of the Illinois Department of 12 Public Aid: 13 (1) that the person pay the past-due support in 14 accordance with a plan approved by the court; or 15 (2) if the person owing past-due support is 16 unemployed, is subject to such a plan, and is not 17 incapacitated, that the person participate in such job 18 search, training, or work programs established under 19 Section 9-6 and Article IXA of the Illinois Public Aid 20 Code as the court deems appropriate. 21 (Source: P.A. 91-613, eff. 10-1-99; 92-16, eff. 6-28-01.) 22 Section 20. The Uniform Interstate Family Support Act is 23 amended by changing Section 320 as follows: 24 (750 ILCS 22/320) 25 Sec. 320. Payment of Support to State Disbursement Unit. 26 (a) As used in this Section: 27 "Order for support", "obligor", "obligee", and "payor" 28 mean those terms as defined in the Income Withholding for 29 Support Act, except that "order for support" means an order 30 entered by any tribunal of this State but shall not mean 31 orders providing for spousal maintenance under which there is 32 no child support obligation. SB2224 Engrossed -76- LRB9211345DJgc 1 (b) Notwithstanding any other provision of this Act to 2 the contrary, each order for support entered or modified on 3 or after October 1, 1999 shall require that support payments 4 be made to the State Disbursement Unit established under 5 Section 10-26 of the Illinois Public Aid Code if: 6 (1) a party to the order is receiving childand7spousesupport enforcement services under Article X of 8 the Illinois Public Aid Code; or 9 (2) no party to the order is receiving childand10spousesupport enforcement services, but the support 11 payments are made through income withholding. 12 (c) Support payments shall be made to the State 13 Disbursement Unit if: 14 (1) the order for support was entered before 15 October 1, 1999, and a party to the order is receiving 16 childand spousesupport enforcement services under 17 Article X of the Illinois Public Aid Code; or 18 (2) no party to the order is receiving childand19spousesupport enforcement services, and the support 20 payments are being made through income withholding. 21 (c-5) If no party to the order is receiving childand22spousesupport enforcement services under Article X of the 23 Illinois Public Aid Code, and the support payments are not 24 made through income withholding, then support payments shall 25 be made as directed by the order for support. 26 (c-10) At any time, and notwithstanding the existence of 27 an order directing payments to be made elsewhere, the 28 Department of Public Aid may provide notice to the obligor 29 and, where applicable, to the obligor's payor: 30 (1) to make support payments to the State 31 Disbursement Unit if: 32 (A) a party to the order for support is 33 receiving child support enforcement services under 34 Article X of the Illinois Public Aid Code; or SB2224 Engrossed -77- LRB9211345DJgc 1 (B) no party to the order for support is 2 receiving child support enforcement services under 3 Article X of the Illinois Public Aid Code, but the 4 support payments are made through income 5 withholding; or 6 (2) to make support payments to the State 7 Disbursement Unit of another state upon request of 8 another state's Title IV-D child support enforcement 9 agency, in accordance with the requirements of Title IV, 10 Part D of the Social Security Act and regulations 11 promulgated under that Part D. 12 The Department of Public Aid shall provide a copy of the 13 notice to the obligee and to the clerk of the circuit court. 14Within 15 days after the effective date of this amendatory15Act of the 91st General Assembly, the Illinois Department16shall provide written notice to the clerk of the circuit17court, the obligor, and, where applicable, the obligor's18payor to make payments to the State Disbursement Unit if:19(1) the order for support was entered before20October 1, 1999, and a party to the order is receiving21child and spouse support services under Article X of the22Illinois Public Aid Code; or23(2) no party to the order is receiving child and24spouse support services, and the support payments are25being made through income withholding.26 (c-15) Within 15 days after the effective date of this 27 amendatory Act of the 91st General Assembly, the clerk of the 28 circuit court shall provide written notice to the obligor to 29 make payments directly to the clerk of the circuit court if 30 no party to the order is receiving childand spousesupport 31 enforcement services under Article X of the Illinois Public 32 Aid Code, the support payments are not made through income 33 withholding, and the order for support requires support 34 payments to be made directly to the clerk of the circuit SB2224 Engrossed -78- LRB9211345DJgc 1 court. The clerk shall provide a copy of the notice to the 2 obligee. 3 (c-20) If the State Disbursement Unit receives a support 4 payment that was not appropriately made to the Unit under 5 this Section, the Unit shall immediately return the payment 6 to the sender, including, if possible, instructions detailing 7 where to send the support payments. 8 (d) The noticesrequiredunder subsections (c-10) and 9 (c-15) may be sent by ordinary mail, certified mail, return 10 receipt requested, facsimile transmission, or other 11 electronic process, or may be served upon the obligor or 12 payor using any method provided by law for service of a 13 summons.The Illinois Department of Public Aid shall provide14a copy of the notice to the obligee and to the clerk of the15court.16 (Source: P.A. 91-677, eff. 1-5-00.) 17 Section 22. The Expedited Child Support Act of 1990 is 18 amended by changing Section 6 as follows: 19 (750 ILCS 25/6) (from Ch. 40, par. 2706) 20 Sec. 6. Authority of hearing officers. 21 (a) With the exception of judicial functions exclusively 22 retained by the court in Section 8 of this Act and in 23 accordance with Supreme Court rules promulgated pursuant to 24 this Act, Administrative Hearing Officers shall be authorized 25 to: 26 (1) Accept voluntary agreements reached by the 27 parties setting the amount of child support to be paid 28 and medical support liability and recommend the entry of 29 orders incorporating such agreements. 30 (2) Accept voluntary acknowledgments of parentage 31 and recommend entry of an order establishing parentage 32 based on such acknowledgement. Prior to accepting such SB2224 Engrossed -79- LRB9211345DJgc 1 acknowledgment, the Administrative Hearing Officer shall 2 advise the putative father of his rights and obligations 3 in accordance with Supreme Court rules promulgated 4 pursuant to this Act. 5 (3) Manage all stages of discovery, including 6 setting deadlines by which discovery must be completed; 7 and directing the parties to submit to appropriate tests 8 pursuant to Section 11 of the Illinois Parentage Act of 9 1984. 10 (4) Cause notices to be issued requiring the 11 Obligor to appear either before the Administrative 12 Hearing Officer or in court. 13 (5) Administer the oath or affirmation and take 14 testimony under oath or affirmation. 15 (6) Analyze the evidence and prepare written 16 recommendations based on such evidence, including but not 17 limited to: (i) proposed findings as to the amount of the 18 Obligor's income; (ii) proposed findings as to the amount 19 and nature of appropriate deductions from the Obligor's 20 income to determine the Obligor's net income; (iii) 21 proposed findings as to the existence of relevant factors 22 as set forth in subsection (a)(2) of Section 505 of the 23 Illinois Marriage and Dissolution of Marriage Act, which 24 justify setting child support payment levels above or 25 below the guidelines; (iv) recommended orders for 26 temporary child support; (v) recommended orders setting 27 the amount of current child support to be paid; (vi) 28 proposed findings as to the existence and amount of any 29 arrearages; (vii) recommended orders reducing any 30 arrearages to judgement and for the payment of amounts 31 towards such arrearages; (viii) proposed findings as to 32 whether there has been a substantial change of 33 circumstances since the entry of the last child support 34 order, or other circumstances justifying a modification SB2224 Engrossed -80- LRB9211345DJgc 1 of the child support order; and (ix) proposed findings as 2 to whether the Obligor is employed. 3 (7) With respect to any unemployed Obligor who is 4 not making child support payments or is otherwise unable 5 to provide support, recommend that the Obligor be ordered 6 to seek employment and report periodically of his or her 7 efforts in accordance with such order. Additionally, the 8 Administrative Hearing Officer may recommend that the 9 Obligor be ordered to report to the Department of 10 Employment Security for job search services or to make 11 application with the local Job Training Partnership Act 12 provider for participation in job search, training or 13 work programs and, where the duty of support is owed to a 14 child receiving child support enforcement services under 15 Article X of the Illinois Public Aid Code, the 16 Administrative Hearing Officer may recommend that the 17 Obligor be ordered to report to the Illinois Department 18 of Public Aid for participation in the job search, 19 training or work programs established under Section 9-6 20 of the Public Aid Code. 21 (8) Recommend the registration of any foreign 22 support judgments or orders as the judgments or orders of 23 Illinois. 24 (b) In any case in which the Obligee is not 25 participating in the IV-D program or has not applied to 26 participate in the IV-D program, the Administrative Hearing 27 Officer shall: 28 (1) inform the Obligee of the existence of the IV-D 29 program and provide applications on request; and 30 (2) inform the Obligee and the Obligor of the 31 option of requesting payment to be made through the Clerk 32 of the Circuit Court. 33 If a request for payment through the Clerk is made, the 34 Administrative Hearing Officer shall note this fact in the SB2224 Engrossed -81- LRB9211345DJgc 1 recommendations to the court. 2 (c) The Administrative Hearing Officer may make 3 recommendations in addition to the proposed findings of fact 4 and recommended order to which the parties have agreed. 5 (Source: P.A. 92-16, eff. 6-28-01.) 6 Section 25. The Income Withholding for Support Act is 7 amended by changing Sections 15 and 35 and adding Section 22 8 as follows: 9 (750 ILCS 28/15) 10 Sec. 15. Definitions. 11 (a) "Order for support" means any order of the court 12 which provides for periodic payment of funds for the support 13 of a child or maintenance of a spouse, whether temporary or 14 final, and includes any such order which provides for: 15 (1) modification or resumption of, or payment of 16 arrearage accrued under, a previously existing order; 17 (2) reimbursement of support; 18 (3) payment or reimbursement of the expenses of 19 pregnancy and delivery (for orders for support entered 20 under the Illinois Parentage Act of 1984 or its 21 predecessor the Paternity Act); or 22 (4) enrollment in a health insurance plan that is 23 available to the obligor through an employer or labor 24 union or trade union. 25 (b) "Arrearage" means the total amount of unpaid support 26 obligations as determined by the court and incorporated into 27 an order for support. 28 (b-5) "Business day" means a day on which State offices 29 are open for regular business. 30 (c) "Delinquency" means any payment under an order for 31 support which becomes due and remains unpaid after entry of 32 the order for support. SB2224 Engrossed -82- LRB9211345DJgc 1 (d) "Income" means any form of periodic payment to an 2 individual, regardless of source, including, but not limited 3 to: wages, salary, commission, compensation as an independent 4 contractor, workers' compensation, disability, annuity, 5 pension, and retirement benefits, lottery prize awards, 6 insurance proceeds, vacation pay, bonuses, profit-sharing 7 payments, interest, and any other payments, made by any 8 person, private entity, federal or state government, any unit 9 of local government, school district or any entity created by 10 Public Act; however, "income" excludes: 11 (1) any amounts required by law to be withheld, 12 other than creditor claims, including, but not limited 13 to, federal, State and local taxes, Social Security and 14 other retirement and disability contributions; 15 (2) union dues; 16 (3) any amounts exempted by the federal Consumer 17 Credit Protection Act; 18 (4) public assistance payments; and 19 (5) unemployment insurance benefits except as 20 provided by law. 21 Any other State or local laws which limit or exempt 22 income or the amount or percentage of income that can be 23 withheld shall not apply. 24 (e) "Obligor" means the individual who owes a duty to 25 make payments under an order for support. 26 (f) "Obligee" means the individual to whom a duty of 27 support is owed or the individual's legal representative. 28 (g) "Payor" means any payor of income to an obligor. 29 (h) "Public office" means any elected official or any 30 State or local agency which is or may become responsible by 31 law for enforcement of, or which is or may become authorized 32 to enforce, an order for support, including, but not limited 33 to: the Attorney General, the Illinois Department of Public 34 Aid, the Illinois Department of Human Services, the Illinois SB2224 Engrossed -83- LRB9211345DJgc 1 Department of Children and Family Services, and the various 2 State's Attorneys, Clerks of the Circuit Court and 3 supervisors of general assistance. 4 (i) "Premium" means the dollar amount for which the 5 obligor is liable to his employer or labor union or trade 6 union and which must be paid to enroll or maintain a child in 7 a health insurance plan that is available to the obligor 8 through an employer or labor union or trade union. 9 (j) "State Disbursement Unit" means the unit established 10 to collect and disburse support payments in accordance with 11 the provisions of Section 10-26 of the Illinois Public Aid 12 Code. 13 (k) "Title IV-D Agency" means the agency of this State 14 charged by law with the duty to administer the child support 15 enforcement program established under Title IV, Part D of the 16 Social Security Act and Article X of the Illinois Public Aid 17 Code. 18 (l) "Title IV-D case" means a case in which an obligee 19 or obligor is receiving child support enforcement services 20 under Title IV, Part D of the Social Security Act and Article 21 X of the Illinois Public Aid Code. 22 (m) "National Medical Support Notice" means the notice 23 required for enforcement of orders for support providing for 24 health insurance coverage of a child under Title IV, Part D 25 of the Social Security Act, the Employee Retirement Income 26 Security Act of 1974, and federal regulations promulgated 27 under those Acts. 28 (n) "Employer" means a payor or labor union or trade 29 union with an employee group health insurance plan and, for 30 purposes of the National Medical Support Notice, also 31 includes but is not limited to: 32 (1) any State or local governmental agency with a 33 group health plan; and 34 (2) any payor with a group health plan or "church SB2224 Engrossed -84- LRB9211345DJgc 1 plan" covered under the Employee Retirement Income 2 Security Act of 1974. 3 (Source: P.A. 90-673, eff. 1-1-99; incorporates P.A. 90-790, 4 eff. 8-14-98; 91-212, eff. 7-20-99; 91-357, eff. 7-29-99.) 5 (750 ILCS 28/22 new) 6 Sec. 22. Use of National Medical Support Notice to 7 enforce health insurance coverage. 8 (a) Notwithstanding the provisions of subdivision (c)(4) 9 of Section 20, when an order for support is being enforced by 10 the Title IV-D Agency under this Act, any requirement for 11 health insurance coverage to be provided through an employer, 12 including withholding of premiums from the income of the 13 obligor, shall be enforced through use of a National Medical 14 Support Notice instead of through provisions in an income 15 withholding notice. 16 (b) A National Medical Support Notice may be served on 17 the employer in the manner and under the circumstances 18 provided for serving an income withholding notice under this 19 Act, except that an order for support that conditions service 20 of an income withholding notice on the obligor becoming 21 delinquent in paying the order for support, as provided under 22 subdivision (a)(1) of Section 20, shall not prevent immediate 23 service of a National Medical Support Notice by the Title 24 IV-D Agency. The Title IV-D Agency may serve a National 25 Medical Support Notice on an employer in conjunction with 26 service of an income withholding notice. Service of an income 27 withholding notice is not a condition for service of a 28 National Medical Support Notice, however. 29 (c) At the time of service of a National Medical Support 30 Notice on the employer, the Title IV-D Agency shall serve a 31 copy of the Notice on the obligor by ordinary mail addressed 32 to the obligor's last known address. The Title IV-D Agency 33 shall file a copy of the National Medical Support Notice, SB2224 Engrossed -85- LRB9211345DJgc 1 together with proofs of service on the employer and the 2 obligor, with the clerk of the circuit court. 3 (d) Within 20 business days after the date of a National 4 Medical Support Notice, an employer served with the Notice 5 shall transfer the severable notice to plan administrator to 6 the appropriate group health plan providing any health 7 insurance coverage for which the child is eligible. As 8 required in the part of the National Medical Support Notice 9 directed to the employer, the employer shall withhold any 10 employee premium necessary for coverage of the child and 11 shall send any amount withheld directly to the plan. The 12 employer shall commence the withholding no later than the 13 next payment of income that occurs 14 days following the date 14 the National Medical Support Notice was mailed, sent by 15 facsimile or other electronic means, or placed for personal 16 delivery to or service on the employer. 17 Notwithstanding the requirement to withhold premiums from 18 the obligor's income, if the plan administrator informs the 19 employer that the child is enrolled in an option under the 20 plan for which the employer has determined that the obligor's 21 premium exceeds the amount that may be withheld from the 22 obligor's income due to the withholding limitation or 23 prioritization contained in Section 35 of this Act, the 24 employer shall complete the appropriate item in the part of 25 the National Medical Support Notice directed to the employer 26 according to the instructions in the Notice and shall return 27 that part to the Title IV-D Agency. 28 (e) If one of the following circumstances exists, an 29 employer served with a National Medical Support Notice shall 30 complete the part of the Notice directed to the employer in 31 accordance with the instructions in the Notice and shall 32 return that part to the Title IV-D Agency within 20 business 33 days after the date of the Notice: 34 (1) The employer does not maintain or contribute to SB2224 Engrossed -86- LRB9211345DJgc 1 plans providing dependent or family health insurance 2 coverage. 3 (2) The obligor is among a class of employees that 4 is not eligible for family health insurance coverage 5 under any group health plan maintained by the employer or 6 to which the employer contributes. 7 (3) Health insurance coverage is not available 8 because the obligor is no longer employed by the 9 employer. 10 (f) The administrator of a health insurance plan to whom 11 an employer has transferred the severable notice to plan 12 administrator part of a National Medical Support Notice shall 13 complete that part with the health insurance coverage 14 information required under the instructions in the Notice and 15 shall return that part to the Title IV-D Agency within 40 16 business days after the date of the Notice. 17 (g) The obligor may contest withholding under this 18 Section based only on a mistake of fact and may contest 19 withholding by filing a petition with the clerk of the 20 circuit court within 20 days after service of a copy of the 21 National Medical Support Notice on the obligor. The obligor 22 must serve a copy of the petition on the Title IV-D Agency at 23 the address stated in the National Medical Support Notice. 24 The National Medical Support Notice, including the 25 requirement to withhold any required premium, shall continue 26 to be binding on the employer until the employer is served 27 with a court order resolving the contest or until notified by 28 the Title IV-D Agency. 29 (h) Whenever the obligor is no longer receiving income 30 from the employer, the employer shall return a copy of the 31 National Medical Support Notice to the Title IV-D Agency and 32 shall provide information for the purpose of enforcing health 33 insurance coverage under this Section. 34 (i) The Title IV-D Agency shall promptly notify the SB2224 Engrossed -87- LRB9211345DJgc 1 employer when there is no longer a current order for health 2 insurance coverage in effect which the Title IV-D Agency is 3 responsible for enforcing. 4 (j) Unless stated otherwise in this Section, all of the 5 provisions of this Act relating to income withholding for 6 support shall pertain to income withholding for health 7 insurance coverage under a National Medical Support Notice, 8 including but not limited to the duties of the employer and 9 obligor, and the penalties contained in Section 35 and 10 Section 50. In addition, an employer who willfully fails to 11 transfer the severable notice to plan administrator part of a 12 National Medical Support Notice to the appropriate group 13 health plan providing health insurance coverage for which the 14 child is eligible, within 20 business days after the date of 15 the Notice, is liable for the full amount of medical expenses 16 incurred by or on behalf of the child which would have been 17 paid or reimbursed by the health insurance coverage had the 18 severable notice to plan administrator part of the Notice 19 been timely transferred to the group health insurance plan. 20 This penalty may be collected in a civil action that may be 21 brought against the employer in favor of the obligee or the 22 Title IV-D Agency. 23 (k) To the extent that any other State or local law may 24 be construed to limit or prevent compliance by an employer or 25 health insurance plan administrator with the requirements of 26 this Section and federal law and regulations pertaining to 27 the National Medical Support Notice, that State or local law 28 shall not apply. 29 (l) As the Title IV-D Agency, the Department of Public 30 Aid shall adopt any rules necessary for use of and compliance 31 with the National Medical Support Notice. 32 (750 ILCS 28/35) 33 Sec. 35. Duties of payor. SB2224 Engrossed -88- LRB9211345DJgc 1 (a) It shall be the duty of any payor who has been 2 served with an income withholding notice to deduct and pay 3 over income as provided in this Section. The payor shall 4 deduct the amount designated in the income withholding 5 notice, as supplemented by any notice provided pursuant to 6 subsection (f) of Section 45, beginning no later than the 7 next payment of income which is payable or creditable to the 8 obligor that occurs 14 days following the date the income 9 withholding notice was mailed, sent by facsimile or other 10 electronic means, or placed for personal delivery to or 11 service on the payor. The payor may combine all amounts 12 withheld for the benefit of an obligee or public office into 13 a single payment and transmit the payment with a listing of 14 obligors from whom withholding has been effected. The payor 15 shall pay the amount withheld to the State Disbursement Unit 16 within 7 business days after the date the amount would (but 17 for the duty to withhold income) have been paid or credited 18 to the obligor. If the payor knowingly fails to pay any 19 amount withheld to the State Disbursement Unit within 7 20 business days after the date the amount would have been paid 21 or credited to the obligor, the payor shall pay a penalty of 22 $100 for each day that the withheld amount is not paid to the 23 State Disbursement Unit after the period of 7 business days 24 has expired. The failure of a payor, on more than one 25 occasion, to pay amounts withheld to the State Disbursement 26 Unit within 7 business days after the date the amount would 27 have been paid or credited to the obligor creates a 28 presumption that the payor knowingly failed to pay over the 29 amounts. This penalty may be collected in a civil action 30 which may be brought against the payor in favor of the 31 obligee or public office. A finding of a payor's 32 nonperformance within the time required under this Act must 33 be documented by a certified mail return receipt showing the 34 date the income withholding notice was served on the payor. SB2224 Engrossed -89- LRB9211345DJgc 1 For purposes of this Act, a withheld amount shall be 2 considered paid by a payor on the date it is mailed by the 3 payor, or on the date an electronic funds transfer of the 4 amount has been initiated by the payor, or on the date 5 delivery of the amount has been initiated by the payor. For 6 each deduction, the payor shall provide the State 7 Disbursement Unit, at the time of transmittal, with the date 8 the amount would (but for the duty to withhold income) have 9 been paid or credited to the obligor. 10 After June 30, 2000, every payor that has 250 or more 11 employees shall use electronic funds transfer to pay all 12 amounts withheld under this Section. During the year 2001 13 and during each year thereafter, every payor that has fewer 14 than 250 employees and that withheld income under this 15 Section pursuant to 10 or more income withholding notices 16 during December of the preceding year shall use electronic 17 funds transfer to pay all amounts withheld under this 18 Section. 19 Upon receipt of an income withholding notice requiring 20 that a minor child be named as a beneficiary of a health 21 insurance plan available through an employer or labor union 22 or trade union, the employer or labor union or trade union 23 shall immediately enroll the minor child as a beneficiary in 24 the health insurance plan designated by the income 25 withholding notice. The employer shall withhold any required 26 premiums and pay over any amounts so withheld and any 27 additional amounts the employer pays to the insurance carrier 28 in a timely manner. The employer or labor union or trade 29 union shall mail to the obligee, within 15 days of enrollment 30 or upon request, notice of the date of coverage, information 31 on the dependent coverage plan, and all forms necessary to 32 obtain reimbursement for covered health expenses, such as 33 would be made available to a new employee. When an order for 34 dependent coverage is in effect and the insurance coverage is SB2224 Engrossed -90- LRB9211345DJgc 1 terminated or changed for any reason, the employer or labor 2 union or trade union shall notify the obligee within 10 days 3 of the termination or change date along with notice of 4 conversion privileges. 5 For withholding of income, the payor shall be entitled to 6 receive a fee not to exceed $5 per month to be taken from the 7 income to be paid to the obligor. 8 (b) Whenever the obligor is no longer receiving income 9 from the payor, the payor shall return a copy of the income 10 withholding notice to the obligee or public office and shall 11 provide information for the purpose of enforcing this Act. 12 (c) Withholding of income under this Act shall be made 13 without regard to any prior or subsequent garnishments, 14 attachments, wage assignments, or any other claims of 15 creditors. Withholding of income under this Act shall not be 16 in excess of the maximum amounts permitted under the federal 17 Consumer Credit Protection Act. Income available for 18 withholding shall be applied first to the current support 19 obligation, then to any premium required for employer, labor 20 union, or trade union-related health insurance coverage 21 ordered under the order for support, and then to payments 22 required on past-due support obligations. If there is 23 insufficient available income remaining to pay the full 24 amount of the required health insurance premium after 25 withholding of income for the current support obligation, 26 then the remaining available income shall be applied to 27 payments required on past-due support obligations. If the 28 payor has been served with more than one income withholding 29 notice pertaining to the same obligor, the payor shall 30 allocate income available for withholding on a proportionate 31 share basis, giving priority to current support payments.If32there is any income available for withholding after33withholding for all current support obligations, the payor34shall allocate the income to past due support paymentsSB2224 Engrossed -91- LRB9211345DJgc 1ordered in cases in which cash assistance under the Illinois2Public Aid Code is not being provided to the obligee and then3to past due support payments ordered in cases in which cash4assistance under the Illinois Public Aid Code is being5provided to the obligee, both on a proportionate share basis.6 A payor who complies with an income withholding notice that 7 is regular on its face shall not be subject to civil 8 liability with respect to any individual, any agency, or any 9 creditor of the obligor for conduct in compliance with the 10 notice. 11 (d) No payor shall discharge, discipline, refuse to hire 12 or otherwise penalize any obligor because of the duty to 13 withhold income. 14 (Source: P.A. 90-673, eff. 1-1-99; 91-212, eff. 7-20-99; 15 91-677, eff. 1-5-00.) 16 Section 30. The Illinois Parentage Act of 1984 is 17 amended by changing Sections 13.1, 14, 15.1, 18, 21.1, and 22 18 as follows: 19 (750 ILCS 45/13.1) 20 Sec. 13.1. Temporary order for child support. 21 Notwithstanding any other law to the contrary, pending the 22 outcome of a judicial determination of parentage, the court 23 shall issue a temporary order for child support, upon motion 24 by a party and a showing of clear and convincing evidence of 25 paternity. In determining the amount of the temporary child 26 support award, the court shall use the guidelines and 27 standards set forth in subsection (a) of Section 505 and in 28 Section 505.2 of the Illinois Marriage and Dissolution of 29 Marriage Act. 30 Any new or existing support order entered by the court 31 under this Section shall be deemed to be a series of 32 judgments against the person obligated to pay support SB2224 Engrossed -92- LRB9211345DJgc 1 thereunder, each such judgment to be in the amount of each 2 payment or installment of support and each judgment to be 3 deemed entered as of the date the corresponding payment or 4 installment becomes due under the terms of the support order. 5 Each such judgment shall have the full force, effect, and 6 attributes of any other judgment of this State, including the 7 ability to be enforced. Any such judgment is subject to 8 modification or termination only in accordance with Section 9 510 of the Illinois Marriage and Dissolution of Marriage Act. 10 A lien arises by operation of law against the real and 11 personal property of the noncustodial parent for each 12 installment of overdue support owed by the noncustodial 13 parent. 14 All orders for support, when entered or modified, shall 15 include a provision requiring the non-custodial parent to 16 notify the court, and in cases in which a party is receiving 17 childand spousesupport enforcement services under Article X 18 of the Illinois Public Aid Code, the Illinois Department of 19 Public Aid, within 7 days, (i) of the name, address, and 20 telephone number of any new employer of the non-custodial 21 parent, (ii) whether the non-custodial parent has access to 22 health insurance coverage through the employer or other group 23 coverage, and, if so, the policy name and number and the 24 names of persons covered under the policy, and (iii) of any 25 new residential or mailing address or telephone number of the 26 non-custodial parent. 27 In any subsequent action to enforce a support order, upon 28 sufficient showing that diligent effort has been made to 29 ascertain the location of the non-custodial parent, service 30 of process or provision of notice necessary in that action 31 may be made at the last known address of the non-custodial 32 parent, in any manner expressly provided by the Code of Civil 33 Procedure or in this Act, which service shall be sufficient 34 for purposes of due process. SB2224 Engrossed -93- LRB9211345DJgc 1 An order for support shall include a date on which the 2 current support obligation terminates. The termination date 3 shall be no earlier than the date on which the child covered 4 by the order will attain the age of majority or is otherwise 5 emancipated. The order for support shall state that the 6 termination date does not apply to any arrearage that may 7 remain unpaid on that date. Nothing in this paragraph shall 8 be construed to prevent the court from modifying the order. 9 (Source: P.A. 90-18, eff. 7-1-97.) 10 (750 ILCS 45/14) (from Ch. 40, par. 2514) 11 Sec. 14. Judgment. 12 (a) (1) The judgment shall contain or explicitly reserve 13 provisions concerning any duty and amount of child support 14 and may contain provisions concerning the custody and 15 guardianship of the child, visitation privileges with the 16 child, the furnishing of bond or other security for the 17 payment of the judgment, which the court shall determine in 18 accordance with the relevant factors set forth in the 19 Illinois Marriage and Dissolution of Marriage Act and any 20 other applicable law of Illinois, to guide the court in a 21 finding in the best interests of the child. In determining 22 custody, joint custody, or visitation, the court shall apply 23 the relevant standards of the Illinois Marriage and 24 Dissolution of Marriage Act. Specifically, in determining the 25 amount of any child support award, the court shall use the 26 guidelines and standards set forth in subsection (a) of 27 Section 505 and in Section 505.2 of the Illinois Marriage and 28 Dissolution of Marriage Act. For purposes of Section 505 of 29 the Illinois Marriage and Dissolution of Marriage Act, "net 30 income" of the non-custodial parent shall include any 31 benefits available to that person under the Illinois Public 32 Aid Code or from other federal, State or local 33 government-funded programs. The court shall, in any event SB2224 Engrossed -94- LRB9211345DJgc 1 and regardless of the amount of the non-custodial parent's 2 net income, in its judgment order the non-custodial parent to 3 pay child support to the custodial parent in a minimum amount 4 of not less than $10 per month. In an action brought within 2 5 years after a child's birth, the judgment or order may direct 6 either parent to pay the reasonable expenses incurred by 7 either parent related to the mother's pregnancy and the 8 delivery of the child. The judgment or order shall contain 9 the father's social security number, which the father shall 10 disclose to the court; however, failure to include the 11 father's social security number on the judgment or order does 12 not invalidate the judgment or order. 13 (2) If a judgment of parentage contains no explicit 14 award of custody, the establishment of a support obligation 15 or of visitation rights in one parent shall be considered a 16 judgment granting custody to the other parent. If the 17 parentage judgment contains no such provisions, custody shall 18 be presumed to be with the mother; however, the presumption 19 shall not apply if the father has had physical custody for at 20 least 6 months prior to the date that the mother seeks to 21 enforce custodial rights. 22 (b) The court shall order all child support payments, 23 determined in accordance with such guidelines, to commence 24 with the date summons is served. The level of current 25 periodic support payments shall not be reduced because of 26 payments set for the period prior to the date of entry of the 27 support order. The Court may order any child support 28 payments to be made for a period prior to the commencement of 29 the action. In determining whether and the extent to which 30 the payments shall be made for any prior period, the court 31 shall consider all relevant facts, including the factors for 32 determining the amount of support specified in the Illinois 33 Marriage and Dissolution of Marriage Act and other equitable 34 factors including but not limited to: SB2224 Engrossed -95- LRB9211345DJgc 1 (1) The father's prior knowledge of the fact and 2 circumstances of the child's birth. 3 (2) The father's prior willingness or refusal to 4 help raise or support the child. 5 (3) The extent to which the mother or the public 6 agency bringing the action previously informed the father 7 of the child's needs or attempted to seek or require his 8 help in raising or supporting the child. 9 (4) The reasons the mother or the public agency did 10 not file the action earlier. 11 (5) The extent to which the father would be 12 prejudiced by the delay in bringing the action. 13 For purposes of determining the amount of child support 14 to be paid for any period before the date the order for 15 current child support is entered, there is a rebuttable 16 presumption that the father's net income for the prior period 17 was the same as his net income at the time the order for 18 current child support is entered. 19 If (i) the non-custodial parent was properly served with 20 a request for discovery of financial information relating to 21 the non-custodial parent's ability to provide child support, 22 (ii) the non-custodial parent failed to comply with the 23 request, despite having been ordered to do so by the court, 24 and (iii) the non-custodial parent is not present at the 25 hearing to determine support despite having received proper 26 notice, then any relevant financial information concerning 27 the non-custodial parent's ability to provide child support 28 that was obtained pursuant to subpoena and proper notice 29 shall be admitted into evidence without the need to establish 30 any further foundation for its admission. 31 (c) Any new or existing support order entered by the 32 court under this Section shall be deemed to be a series of 33 judgments against the person obligated to pay support 34 thereunder, each judgment to be in the amount of each payment SB2224 Engrossed -96- LRB9211345DJgc 1 or installment of support and each such judgment to be deemed 2 entered as of the date the corresponding payment or 3 installment becomes due under the terms of the support order. 4 Each judgment shall have the full force, effect and 5 attributes of any other judgment of this State, including the 6 ability to be enforced. A lien arises by operation of law 7 against the real and personal property of the noncustodial 8 parent for each installment of overdue support owed by the 9 noncustodial parent. 10 (d) If the judgment or order of the court is at variance 11 with the child's birth certificate, the court shall order 12 that a new birth certificate be issued under the Vital 13 Records Act. 14 (e) On request of the mother and the father, the court 15 shall order a change in the child's name. After hearing 16 evidence the court may stay payment of support during the 17 period of the father's minority or period of disability. 18 (f) If, upon a showing of proper service, the father 19 fails to appear in court, or otherwise appear as provided by 20 law, the court may proceed to hear the cause upon testimony 21 of the mother or other parties taken in open court and shall 22 enter a judgment by default. The court may reserve any order 23 as to the amount of child support until the father has 24 received notice, by regular mail, of a hearing on the matter. 25 (g) A one-time charge of 20% is imposable upon the 26 amount of past-due child support owed on July 1, 1988 which 27 has accrued under a support order entered by the court. The 28 charge shall be imposed in accordance with the provisions of 29 Section 10-21 of the Illinois Public Aid Code and shall be 30 enforced by the court upon petition. 31 (h) All orders for support, when entered or modified, 32 shall include a provision requiring the non-custodial parent 33 to notify the court and, in cases in which party is receiving 34 childand spousesupport enforcement services under Article X SB2224 Engrossed -97- LRB9211345DJgc 1 of the Illinois Public Aid Code, the Illinois Department of 2 Public Aid, within 7 days, (i) of the name and address of any 3 new employer of the non-custodial parent, (ii) whether the 4 non-custodial parent has access to health insurance coverage 5 through the employer or other group coverage and, if so, the 6 policy name and number and the names of persons covered under 7 the policy, and (iii) of any new residential or mailing 8 address or telephone number of the non-custodial parent. In 9 any subsequent action to enforce a support order, upon a 10 sufficient showing that a diligent effort has been made to 11 ascertain the location of the non-custodial parent, service 12 of process or provision of notice necessary in the case may 13 be made at the last known address of the non-custodial parent 14 in any manner expressly provided by the Code of Civil 15 Procedure or this Act, which service shall be sufficient for 16 purposes of due process. 17 (i) An order for support shall include a date on which 18 the current support obligation terminates. The termination 19 date shall be no earlier than the date on which the child 20 covered by the order will attain the age of majority or is 21 otherwise emancipated. The order for support shall state 22 that the termination date does not apply to any arrearage 23 that may remain unpaid on that date. Nothing in this 24 subsection shall be construed to prevent the court from 25 modifying the order. 26 (j) An order entered under this Section shall include a 27 provision requiring the obligor to report to the obligee and 28 to the clerk of court within 10 days each time the obligor 29 obtains new employment, and each time the obligor's 30 employment is terminated for any reason. The report shall be 31 in writing and shall, in the case of new employment, include 32 the name and address of the new employer. Failure to report 33 new employment or the termination of current employment, if 34 coupled with nonpayment of support for a period in excess of SB2224 Engrossed -98- LRB9211345DJgc 1 60 days, is indirect criminal contempt. For any obligor 2 arrested for failure to report new employment bond shall be 3 set in the amount of the child support that should have been 4 paid during the period of unreported employment. An order 5 entered under this Section shall also include a provision 6 requiring the obligor and obligee parents to advise each 7 other of a change in residence within 5 days of the change 8 except when the court finds that the physical, mental, or 9 emotional health of a party or that of a minor child, or 10 both, would be seriously endangered by disclosure of the 11 party's address. 12 (Source: P.A. 90-18, eff. 7-1-97; 90-539, eff. 6-1-98; 13 90-655, eff. 7-30-98; 91-767, eff. 6-9-00.) 14 (750 ILCS 45/15.1) (from Ch. 40, par. 2515.1) 15 Sec. 15.1. (a) Whenever it is determined in a proceeding 16 to establish or enforce a child support obligation that the 17 person owing a duty of support is unemployed, the court may 18 order the person to seek employment and report periodically 19 to the court with a diary, listing or other memorandum of his 20 or her efforts in accordance with such order. Additionally, 21 the court may order the unemployed person to report to the 22 Department of Employment Security for job search services or 23 to make application with the local Job Training Partnership 24 Act provider for participation in job search, training or 25 work programs and where the duty of support is owed to a 26 child receiving child support enforcement services under 27 Article X of the Illinois Public Aid Code, as amended, the 28 court may order the unemployed person to report to the 29 Illinois Department of Public Aid for participation in job 30 search, training or work programs established under Section 31 9-6 and Article IXA of that Code. 32 (b) Whenever it is determined that a person owes 33 past-due support for a child, and the child is receiving SB2224 Engrossed -99- LRB9211345DJgc 1 assistance under the Illinois Public Aid Code, the court 2 shall order the following at the request of the Illinois 3 Department of Public Aid: 4 (1) that the person pay the past-due support in 5 accordance with a plan approved by the court; or 6 (2) if the person owing past-due support is 7 unemployed, is subject to such a plan, and is not 8 incapacitated, that the person participate in such job 9 search, training, or work programs established under 10 Section 9-6 and Article IXA of the Illinois Public Aid 11 Code as the court deems appropriate. 12 (Source: P.A. 90-18, eff. 7-1-97; 91-357, eff. 7-29-99.) 13 (750 ILCS 45/18) (from Ch. 40, par. 2518) 14 Sec. 18. Right to Counsel; Free Transcript on Appeal. 15 (a) Any party may be represented by counsel at all 16 proceedings under this Act. 17 (a-5) In any proceedings involving the support, custody, 18 visitation, education, parentage, property interest, or 19 general welfare of a minor or dependent child, the court may, 20 on its own motion or that of any party, and subject to the 21 terms or specifications the court determines, appoint an 22 attorney to serve in one of the following capacities: 23 (1) as an attorney to represent the child; 24 (2) as a guardian ad litem to address issues the 25 court delineates; 26 (3) as a child's representative whose duty shall be 27 to advocate what the representative finds to be in the 28 best interests of the child after reviewing the facts and 29 circumstances of the case. The child's representative 30 shall have the same power and authority to take part in 31 the conduct of the litigation as does an attorney for a 32 party and shall possess all the powers of investigation 33 and recommendation as does a guardian ad litem. The SB2224 Engrossed -100- LRB9211345DJgc 1 child's representative shall consider, but not be bound 2 by, the expressed wishes of the child. A child's 3 representative shall have received training in child 4 advocacy or shall possess such experience as determined 5 to be equivalent to such training by the chief judge of 6 the circuit where the child's representative has been 7 appointed. The child's representative shall not disclose 8 confidential communications made by the child, except as 9 required by law or by the Rules of Professional Conduct. 10 The child's representative shall not be called as a 11 witness regarding the issues set forth in this 12 subsection. 13 During the proceedings the court may appoint an 14 additional attorney to serve in another of the capacities 15 described in subdivisions (1), (2), or (3) of the preceding 16 paragraph on its own motion or that of a party only for good 17 cause shown and when the reasons for the additional 18 appointment are set forth in specific findings. 19 The court shall enter an order as appropriate for costs, 20 fees, and disbursements, including a retainer, when the 21 attorney, guardian ad litem, or child's representative is 22 appointed, and thereafter as necessary. Such orders shall 23 require payment by either or both parents, by any other party 24 or source, or from the marital estate or the child's separate 25 estate. The court may not order payment by the Illinois 26 Department of Public Aid in cases in which the Department is 27 providing childand spousesupport enforcement services under 28 Article X of the Illinois Public Aid Code. Unless otherwise 29 ordered by the court at the time fees and costs are approved, 30 all fees and costs payable to an attorney, guardian ad litem, 31 or child's representative under this Section are by 32 implication deemed to be in the nature of support of the 33 child and are within the exceptions to discharge in 34 bankruptcy under 11 U.S.C.A. 523. The provisions of Sections SB2224 Engrossed -101- LRB9211345DJgc 1 501 and 508 of this Act shall apply to fees and costs for 2 attorneys appointed under this Section. 3 (b) Upon the request of a mother or child seeking to 4 establish the existence of a father and child relationship, 5 the State's Attorney shall represent the mother or child in 6 the trial court. If the child is an applicant for or a 7 recipient of assistance as defined in Section 2-6 of "The 8 Illinois Public Aid Code", approved April 11, 1967, as 9 amended, or has applied to the Illinois Department of Public 10 Aid for services under Article X of such Code, the Department 11 may file a complaint in the child's behalf under this Act. 12 The Department shall refer the complaint to the Public Aid 13 Claims Enforcement Division of the Office of the Attorney 14 General as provided in Section 12-16 of "The Illinois Public 15 Aid Code" for enforcement by the Attorney General. Legal 16 representation by the State's Attorney or the Attorney 17 General shall be limited to the establishment and enforcement 18 of an order for support, and shall not extend to visitation, 19 custody, property or other matters. If visitation, custody, 20 property or other matters are raised by a party and 21 considered by the court in any proceeding under this Act, the 22 court shall provide a continuance sufficient to enable the 23 mother or child to obtain representation for such matters. 24 (c) The Court may appoint counsel to represent any 25 indigent defendant in the trial court, except that this 26 representation shall be limited to the establishment of a 27 parent and child relationship and an order for support, and 28 shall not extend to visitation, custody, property, 29 enforcement of an order for support, or other matters. If 30 visitation, custody, property or other matters are raised by 31 a party and considered by the court in any proceeding under 32 this Act, the court shall provide a continuance sufficient to 33 enable the defendant to obtain representation for such 34 matters. SB2224 Engrossed -102- LRB9211345DJgc 1 (d) The court shall furnish on request of any indigent 2 party a transcript for purposes of appeal. 3 (Source: P.A. 90-23, eff. 1-1-98; 91-410, eff. 1-1-00.) 4 (750 ILCS 45/21.1) 5 Sec. 21.1. Payment of Support to State Disbursement Unit. 6 (a) As used in this Section: 7 "Order for support", "obligor", "obligee", and "payor" 8 mean those terms as defined in the Income Withholding for 9 Support Act, except that "order for support" shall not mean 10 orders providing for spousal maintenance under which there is 11 no child support obligation. 12 (b) Notwithstanding any other provision of this Act to 13 the contrary, each order for support entered or modified on 14 or after October 1, 1999 shall require that support payments 15 be made to the State Disbursement Unit established under 16 Section 10-26 of the Illinois Public Aid Code if: 17 (1) a party to the order is receiving childand18spousesupport enforcement services under Article X of 19 the Illinois Public Aid Code; or 20 (2) no party to the order is receiving childand21spousesupport enforcement services, but the support 22 payments are made through income withholding. 23 (c) Support payments shall be made to the State 24 Disbursement Unit if: 25 (1) the order for support was entered before 26 October 1, 1999, and a party to the order is receiving 27 childand spousesupport enforcement services under 28 Article X of the Illinois Public Aid Code; or 29 (2) no party to the order is receiving childand30spousesupport enforcement services, and the support 31 payments are being made through income withholding. 32 (c-5) If no party to the order is receiving childand33spousesupport enforcement services under Article X of the SB2224 Engrossed -103- LRB9211345DJgc 1 Illinois Public Aid Code, and the support payments are not 2 made through income withholding, then support payments shall 3 be made as directed by the order for support. 4 (c-10) At any time, and notwithstanding the existence of 5 an order directing payments to be made elsewhere, the 6 Department of Public Aid may provide notice to the obligor 7 and, where applicable, to the obligor's payor: 8 (1) to make support payments to the State 9 Disbursement Unit if: 10 (A) a party to the order for support is 11 receiving child support enforcement services under 12 Article X of the Illinois Public Aid Code; or 13 (B) no party to the order for support is 14 receiving child support enforcement services under 15 Article X of the Illinois Public Aid Code, but the 16 support payments are made through income 17 withholding; or 18 (2) to make support payments to the State 19 Disbursement Unit of another state upon request of 20 another state's Title IV-D child support enforcement 21 agency, in accordance with the requirements of Title IV, 22 Part D of the Social Security Act and regulations 23 promulgated under that Part D. 24 The Department of Public Aid shall provide a copy of the 25 notice to the obligee and to the clerk of the circuit court. 26Within 15 days after the effective date of this amendatory27Act of the 91st General Assembly, the Illinois Department28shall provide written notice to the clerk of the circuit29court, the obligor, and, where applicable, the obligor's30payor to make payments to the State Disbursement Unit if:31(1) the order for support was entered before32October 1, 1999, and a party to the order is receiving33child and spouse support services under Article X of the34Illinois Public Aid Code; orSB2224 Engrossed -104- LRB9211345DJgc 1(2) no party to the order is receiving child and2spouse support services, and the support payments are3being made through income withholding.4 (c-15) Within 15 days after the effective date of this 5 amendatory Act of the 91st General Assembly, the clerk of the 6 circuit court shall provide written notice to the obligor to 7 directly to the clerk of the circuit court if no party to the 8 order is receiving childand spousesupport enforcement 9 services under Article X of the Illinois Public Aid Code, the 10 support payments are not made through income withholding, and 11 the order for support requires support payments to be made 12 directly to the clerk of the circuit court. The clerk shall 13 provide a copy of the notice to the obligee. 14 (c-20) If the State Disbursement Unit receives a support 15 payment that was not appropriately made to the Unit under 16 this Section, the Unit shall immediately return the payment 17 to the sender, including, if possible, instructions detailing 18 where to send the support payments. 19 (d) The noticesrequiredunder subsections (c-10) and 20 (c-15) may be sent by ordinary mail, certified mail, return 21 receipt requested, facsimile transmission, or other 22 electronic process, or may be served upon the obligor or 23 payor using any method provided by law for service of a 24 summons.The Illinois Department of Public Aid shall provide25a copy of the notice to the obligee and to the clerk of the26court.27 (Source: P.A. 91-212, eff. 7-20-99; 91-677, eff. 1-5-00.) 28 (750 ILCS 45/22) (from Ch. 40, par. 2522) 29 Sec. 22. In all cases instituted by the Illinois 30 Department of Public Aid on behalf of a child or spouse, 31 other than one receiving a grant of financial aid under 32 Article IV of The Illinois Public Aid Code, on whose behalf 33 an application has been made and approved for child support SB2224 Engrossed -105- LRB9211345DJgc 1 enforcement services as provided by Section 10-1 of that 2 Code, the court shall impose a collection fee on the 3 individual who owes a child or spouse support obligation in 4 an amount equal to 10% of the amount so owed as long as such 5 collection is required by federal law, which fee shall be in 6 addition to the support obligation. The imposition of such 7 fee shall be in accordance with provisions of Title IV, Part 8 D, of the Social Security Act and regulations duly 9 promulgated thereunder. The fee shall be payable to the 10 clerk of the circuit court for transmittal to the Illinois 11 Department of Public Aid and shall continue until support 12 services are terminated by that Department. 13 (Source: P.A. 83-1372.) 14 Section 35. The Unemployment Insurance Act is amended by 15 changing Section 1300 as follows: 16 (820 ILCS 405/1300) (from Ch. 48, par. 540) 17 Sec. 1300. Waiver or transfer of benefit rights - 18 Partial exemption. 19 (A) Except as otherwise provided herein any agreement by 20 an individual to waive, release or commute his rights under 21 this Act shall be void. 22 (B) Benefits due under this Act shall not be assigned, 23 pledged, encumbered, released or commuted and shall be exempt 24 from all claims of creditors and from levy, execution and 25 attachment or other remedy for recovery or collection of a 26 debt. However, nothing in this Section shall prohibit a 27 specified or agreed upon deduction from benefits by an 28 individual, or a court or administrative order for 29 withholding of income, for payment of past due child support 30 from being enforced and collected by the Department of Public 31 Aid on behalf of persons receiving a grant of financial aid 32 under Article IV of the Illinois Public Aid Code, persons for SB2224 Engrossed -106- LRB9211345DJgc 1 whom an application has been made and approved for child 2 support enforcement services under Section 10-1 of such Code, 3 or persons similarly situated and receiving likesupport4 services in other states. It is provided that: 5 (1) The aforementioned deduction of benefits and 6 order for withholding of income apply only if appropriate 7 arrangements have been made for reimbursement to the 8 Director by the Department of Public Aid for any 9 administrative costs incurred by the Director under this 10 Section. 11 (2) The Director shall deduct and withhold from 12 benefits payable under this Act, or under any arrangement 13 for the payment of benefits entered into by the Director 14 pursuant to the powers granted under Section 2700 of this 15 Act, the amount specified or agreed upon. In the case of 16 a court or administrative order for withholding of 17 income, the Director shall withhold the amount of the 18 order. 19 (3) Any amount deducted and withheld by the 20 Director shall be paid to the Department of Public Aid or 21 the State Disbursement Unit established under Section 22 10-26 of the Illinois Public Aid Code, as directed by the 23 Department of Public Aid, on behalf of the individual. 24 (4) Any amount deducted and withheld under 25 subsection (3) shall for all purposes be treated as if it 26 were paid to the individual as benefits and paid by such 27 individual to the Department of Public Aid or the State 28 Disbursement Unit in satisfaction of the individual's 29 child support obligations. 30 (5) For the purpose of this Section, child support 31 is defined as those obligations which are being enforced 32 pursuant to a plan described in Title IV, Part D, Section 33 454 of the Social Security Act and approved by the 34 Secretary of Health and Human Services. SB2224 Engrossed -107- LRB9211345DJgc 1 (6) The deduction of benefits and order for 2 withholding of income for child support shall be governed 3 by Titles III and IV of the Social Security Act and all 4 regulations duly promulgated thereunder. 5 (C) Nothing in this Section prohibits an individual from 6 voluntarily electing to have federal income tax deducted and 7 withheld from his or her unemployment insurance benefit 8 payments. 9 (1) The Director shall, at the time that an 10 individual files his or her claim for benefits that 11 establishes his or her benefit year, inform the 12 individual that: 13 (a) unemployment insurance is subject to 14 federal, State, and local income taxes; 15 (b) requirements exist pertaining to estimated 16 tax payments; 17 (c) the individual may elect to have federal 18 income tax deducted and withheld from his or her 19 payments of unemployment insurance in the amount 20 specified in the federal Internal Revenue Code; and 21 (d) the individual is permitted to change a 22 previously elected withholding status. 23 (2) Amounts deducted and withheld from unemployment 24 insurance shall remain in the unemployment fund until 25 transferred to the federal taxing authority as a payment 26 of income tax. 27 (3) The Director shall follow all procedures 28 specified by the United States Department of Labor and 29 the federal Internal Revenue Service pertaining to the 30 deducting and withholding of income tax. 31 (4) Amounts shall be deducted and withheld in 32 accordance with the priorities established in rules 33 promulgated by the Director. 34 (D) Nothing in this Section prohibits an individual from SB2224 Engrossed -108- LRB9211345DJgc 1 voluntarily electing to have State of Illinois income tax 2 deducted and withheld from his or her unemployment insurance 3 benefit payments if such deduction and withholding is 4 provided for pursuant to rules promulgated by the Director. 5 (1) If pursuant to rules promulgated by the 6 Director, an individual may voluntarily elect to have 7 State of Illinois income tax deducted and withheld from 8 his or her unemployment insurance benefit payments, the 9 Director shall, at the time that an individual files his 10 or her claim for benefits that establishes his or her 11 benefit year, in addition to providing the notice 12 required under subsection C, inform the individual that: 13 (a) the individual may elect to have State of 14 Illinois income tax deducted and withheld from his 15 or her payments of unemployment insurance in the 16 amount specified pursuant to rules promulgated by 17 the Director; and 18 (b) the individual is permitted to change a 19 previously elected withholding status. 20 (2) Amounts deducted and withheld from unemployment 21 insurance shall remain in the unemployment fund until 22 transferred to the Department of Revenue as a payment of 23 State of Illinois income tax. 24 (3) Amounts shall be deducted and withheld in 25 accordance with the priorities established in rules 26 promulgated by the Director. 27 (E) Nothing in this Section prohibits the deduction and 28 withholding of an uncollected overissuance of food stamp 29 coupons from unemployment insurance benefits pursuant to this 30 subsection (E). 31 (1) At the time that an individual files a claim 32 for benefits that establishes his or her benefit year, 33 that individual must disclose whether or not he or she 34 owes an uncollected overissuance (as defined in Section SB2224 Engrossed -109- LRB9211345DJgc 1 13(c)(1) of the federal Food Stamp Act of 1977) of food 2 stamp coupons. The Director shall notify the State food 3 stamp agency enforcing such obligation of any individual 4 who discloses that he or she owes an uncollected 5 overissuance of food stamp coupons and who meets the 6 monetary eligibility requirements of subsection E of 7 Section 500. 8 (2) The Director shall deduct and withhold from any 9 unemployment insurance benefits payable to an individual 10 who owes an uncollected overissuance of food stamp 11 coupons: 12 (a) the amount specified by the individual to 13 the Director to be deducted and withheld under this 14 subsection (E); 15 (b) the amount (if any) determined pursuant to 16 an agreement submitted to the State food stamp 17 agency under Section 13(c)(3)(A) of the federal Food 18 Stamp Act of 1977; or 19 (c) any amount otherwise required to be 20 deducted and withheld from unemployment insurance 21 benefits pursuant to Section 13(c)(3)(B) of the 22 federal Food Stamp Act of 1977. 23 (3) Any amount deducted and withheld pursuant to 24 this subsection (E) shall be paid by the Director to the 25 State food stamp agency. 26 (4) Any amount deducted and withheld pursuant to 27 this subsection (E) shall for all purposes be treated as 28 if it were paid to the individual as unemployment 29 insurance benefits and paid by the individual to the 30 State food stamp agency as repayment of the individual's 31 uncollected overissuance of food stamp coupons. 32 (5) For purposes of this subsection (E), 33 "unemployment insurance benefits" means any compensation 34 payable under this Act including amounts payable by the SB2224 Engrossed -110- LRB9211345DJgc 1 Director pursuant to an agreement under any federal law 2 providing for compensation, assistance, or allowances 3 with respect to unemployment. 4 (6) This subsection (E) applies only if 5 arrangements have been made for reimbursement by the 6 State food stamp agency for the administrative costs 7 incurred by the Director under this subsection (E) which 8 are attributable to the repayment of uncollected 9 overissuances of food stamp coupons to the State food 10 stamp agency. 11 (Source: P.A. 90-425, eff. 8-15-97; 90-554, eff. 12-12-97; 12 91-212, eff. 7-20-99; 91-712, eff. 7-1-00.) 13 Section 99. Effective date. This Act takes effect on 14 July 1, 2002.