State of Illinois
92nd General Assembly
Legislation

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92_SB2224sam001

 










                                           LRB9211345DJmbam01

 1                    AMENDMENT TO SENATE BILL 2224

 2        AMENDMENT NO.     .  Amend Senate Bill 2224 by  replacing
 3    everything after the enacting clause with the following:

 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
 
                            -2-            LRB9211345DJmbam01
 1    Department concludes that such treatment is appropriate.
 2        In  addition,  the  Department  may  provide  by rule for
 3    referral of Title IV-E foster care maintenance cases  to  the
 4    Department  of  Public  Aid  for  child  support  enforcement
 5    services  under  Title  IV-D of the Social Security Act.  The
 6    Department  shall  consider  "good  cause"  as   defined   in
 7    regulations  promulgated  under  Title  IV-A  of  the  Social
 8    Security  Act, among other criteria, when determining whether
 9    to refer a case and, upon referral, the parent or guardian of
10    the estate of a child who is receiving Title IV-E foster care
11    maintenance  payments  shall  be  deemed  to  have  made   an
12    assignment to the Department of any and all rights, title and
13    interest in any support obligation on behalf of a child.  The
14    rights to support assigned to the Department shall constitute
15    an obligation owed the State by the person who is responsible
16    for providing the support, and shall be collectible under all
17    applicable processes.
18        The acceptance of children for services or care shall not
19    be  limited  or  conditioned  in  any manner on the financial
20    status or ability  of  parents  or  guardians  to  make  such
21    payments.
22    (Source: P.A. 85-1209; 86-1311.)

23        Section  5.  The  Illinois  Public Aid Code is amended by
24    changing Sections 9-6, 10-1, 10-3, 10-3.1, 10-4, 10-7,  10-8,
25    10-8.1,  10-10,  10-10.1,  10-10.4,  10-11, 10-11.1, 10-12.1,
26    10-13, 10-14, 10-14.1, 10-15, 10-17.2,  10-17.7,  10-26,  and
27    12-8 as follows:

28        (305 ILCS 5/9-6) (from Ch. 23, par. 9-6)
29        Sec.  9-6.  Job  Search,  Training and Work Programs. The
30    Illinois  Department  and  local  governmental  units   shall
31    initiate,  promote  and develop job search, training and work
32    programs which will provide employment for and contribute  to
 
                            -3-            LRB9211345DJmbam01
 1    the  training  and  experience of persons receiving aid under
 2    Articles III, V, and VI.
 3        The job search,  training  and  work  programs  shall  be
 4    designed  to  preserve and improve the work habits and skills
 5    of recipients for whom jobs  are  not  otherwise  immediately
 6    available   and   to  provide  training  and  experience  for
 7    recipients who lack the skills required for  such  employment
 8    opportunities  as  are or may become available.  The Illinois
 9    Department and local governmental  unit  shall  determine  by
10    rule  those  classes  of  recipients  who shall be subject to
11    participation  in  such  programs.   If   made   subject   to
12    participation, every applicant for or recipient of public aid
13    who  is  determined  to be "able to engage in employment", as
14    defined by the Department or local governmental unit pursuant
15    to rules and regulations, for whom unsubsidized jobs are  not
16    otherwise   immediately   available   shall  be  required  to
17    participate in any program established under this Section.
18        The Illinois Department shall establish with the Director
19    of Central  Management  Services  an  outreach  and  training
20    program   designed   to   encourage   and  assist  recipients
21    participating in job search, training and  work  programs  to
22    participate  in open competitive examinations for trainee and
23    other entry level positions  to  maximize  opportunities  for
24    placement  on open competitive eligible listings and referral
25    to State agencies for employment consideration.
26        The Department shall provide payment for  transportation,
27    day-care  and  Workers'  Compensation  costs  which occur for
28    recipients as  a  result  of  participating  in  job  search,
29    training and work programs as described in this Section.  The
30    Department  may  decline  to  initiate such programs in areas
31    where eligible recipients would be so few in number as to not
32    economically justify such programs; and  in  this  event  the
33    Department  shall  not  require  persons  in  such  areas  to
34    participate  in  any  job  search, training, or work programs
 
                            -4-            LRB9211345DJmbam01
 1    whatsoever as a condition of their continued receipt  of,  or
 2    application for, aid.
 3        The  programs  may  include, but shall not be limited to,
 4    service in child  care  centers,  in  preschool  programs  as
 5    teacher  aides and in public health programs as home visitors
 6    and health aides; the maintenance of or services required  in
 7    connection with public offices, buildings and grounds; state,
 8    county  and  municipal  hospitals,  forest  preserves, parks,
 9    playgrounds, streets and  highways,  and  other  governmental
10    maintenance  or  construction  directed  toward environmental
11    improvement; and similar facilities.
12        The Illinois Department or local governmental  units  may
13    enter  into  agreements  with local taxing bodies and private
14    not-for-profit organizations, agencies  and  institutions  to
15    provide for the supervision and administration of job search,
16    work  and training projects authorized by this Section.  Such
17    agreements shall stipulate the requirements  for  utilization
18    of  recipients  in  such  projects.  In addition to any other
19    requirements  dealing  with  the  administration   of   these
20    programs,  the Department shall assure, pursuant to rules and
21    regulations, that:
22             (a)  Recipients may not displace regular employees.
23             (b)  The maximum number of hours of  mandatory  work
24        is  8  hours per day and 40 hours per week, not to exceed
25        120 hours per month.
26             (c)  The maximum number of hours per month shall  be
27        determined  by  dividing  the recipient's benefits by the
28        federal minimum wage, rounded to the  lowest  full  hour.
29        "Recipient's  benefits" in this subsection includes:  (i)
30        both cash assistance and  food  stamps  provided  to  the
31        entire  assistance  unit  or  household  by  the Illinois
32        Department  where  the  job  search,  work  and  training
33        program is administered by the Illinois  Department  and,
34        where  federal  programs  are involved, includes all such
 
                            -5-            LRB9211345DJmbam01
 1        cash assistance and food stamps provided to the  greatest
 2        extent allowed by federal law; or (ii) includes only cash
 3        assistance  provided to the entire assistance unit by the
 4        local governmental unit where the job  search,  work  and
 5        training   program   is   administered   by   the   local
 6        governmental unit.
 7             (d)  The  recipient shall be provided or compensated
 8        for transportation to and from the work location.
 9             (e)  Appropriate    terms    regarding     recipient
10        compensation are met.
11        Local    taxing   bodies   and   private   not-for-profit
12    organizations,  agencies  and  institutions   which   utilize
13    recipients   in   job  search,  work  and  training  projects
14    authorized  by  this  Section  are  urged  to  include   such
15    recipients in the formulation of their employment policies.
16        Unless directly paid by an employing local taxing body or
17    not-for-profit  agency,  a  recipient participating in a work
18    project who meets all requirements set forth by the  Illinois
19    Department  shall  receive  credit towards his or her monthly
20    assistance  benefits  for  work  performed  based  upon   the
21    applicable  minimum  wage  rate.   Where  a recipient is paid
22    directly by an employing agency, the Illinois  Department  or
23    local  governmental  unit  shall  provide for payment to such
24    employing  entity  the  appropriate  amount   of   assistance
25    benefits  to  which the recipient would otherwise be entitled
26    under this Code.
27        The Illinois Department or its designee, including  local
28    governmental  units,  may  enter  into  agreements  with  the
29    agencies   or  institutions  providing  work  under  programs
30    established hereunder  for  payment  to  each  such  employer
31    (hereinafter  called  "public  service employer") of all or a
32    portion of the wages to be  paid  to  persons  for  the  work
33    performed and other appropriate costs.
34        If  the  number of persons receiving aid under Article VI
 
                            -6-            LRB9211345DJmbam01
 1    is insufficient to justify the establishment of  job  search,
 2    training  and  work  programs  on  a  local  basis by a local
 3    governmental  unit,  or  if  for   other   good   cause   the
 4    establishment   of   a   local   program  is  impractical  or
 5    unwarranted, the local governmental unit shall cooperate with
 6    other local governmental units,  with  civic  and  non-profit
 7    community  agencies,  and  with  the  Illinois  Department in
 8    developing a program or programs which will jointly serve the
 9    participating governmental units and agencies.
10        A local governmental unit  receiving  State  funds  shall
11    refer all recipients able to engage in employment to such job
12    search,  training  and  work  programs  as  are  established,
13    whether  within  or without the governmental unit, and as are
14    accessible to persons receiving  aid  from  the  governmental
15    unit.  The  Illinois  Department shall withhold allocation of
16    state funds to any governmental unit which fails  or  refuses
17    to make such referrals.
18        Participants  in  job  search, training and work programs
19    shall  be  required  to  maintain  current  registration  for
20    regular employment under Section 11-10 and to accept any bona
21    fide offer of regular  employment.  They  shall  likewise  be
22    required to accept education, work and training opportunities
23    available  to  them  under  other  provisions of this Code or
24    Federal law. The Illinois Department  or  local  governmental
25    unit  shall  provide  by  rule  for  periodic  review  of the
26    circumstances  of   each   participant   to   determine   the
27    feasibility  of  his placement in regular employment or other
28    work, education and training opportunities.
29        Moneys made  available  for  public  aid  purposes  under
30    Articles  IV  and  VI  may  be expended to pay public service
31    employers all or a portion of the  wages  of  public  service
32    employees  and  other appropriate costs, to provide necessary
33    supervisory personnel and  equipment,  to  purchase  Workers'
34    Compensation   Insurance  or  to  pay  Workers'  Compensation
 
                            -7-            LRB9211345DJmbam01
 1    claims, and to provide transportation to and from work sites.
 2        The  Department   shall   provide   through   rules   and
 3    regulations  for  sanctions against applicants and recipients
 4    of aid under  this  Code  who  fail  to  cooperate  with  the
 5    regulations  and  requirements  established  pursuant to this
 6    Section. Such sanctions may include the loss  of  eligibility
 7    to  receive  aid  under  Article  VI of this Code for up to 3
 8    months.
 9        The Department, in cooperation with a local  governmental
10    unit,  may  maintain  a roster of persons who are required to
11    participate in a local job search, training and work program.
12    In such cases, the roster shall be available  for  inspection
13    by employers for the selection of possible workers.
14        In  addition  to the programs authorized by this Section,
15    the Illinois Department is authorized to administer  any  job
16    search,  training  or  work  projects in conjunction with the
17    Federal Food Stamp Program,  either  under  this  Section  or
18    under other regulations required by the Federal government.
19        The   Illinois   Department  may  also  administer  pilot
20    programs to provide job search, training and work programs to
21    unemployed  parents  of  children  receiving  child   support
22    enforcement services under Article X of this Code.
23    (Source: P.A. 92-111, eff. 1-1-02.)

24        (305 ILCS 5/10-1) (from Ch. 23, par. 10-1)
25        Sec.  10-1.   Declaration  of  Public  Policy  -  Persons
26    Eligible  for Child and Spouse Support Enforcement Services -
27    Fees for Non-Applicants and Non-Recipients.) It is the intent
28    of this Code  that  the  financial  aid  and  social  welfare
29    services  herein provided supplement rather than supplant the
30    primary and continuing obligation  of  the  family  unit  for
31    self-support to the fullest extent permitted by the resources
32    available  to  it.  This  primary  and  continuing obligation
33    applies whether the family unit of parents and children or of
 
                            -8-            LRB9211345DJmbam01
 1    husband and wife remains  intact  and  resides  in  a  common
 2    household  or  whether the unit has been broken by absence of
 3    one or more members of  the  unit.   The  obligation  of  the
 4    family  unit  is  particularly applicable when a member is in
 5    necessitous circumstances and lacks the means of a livelihood
 6    compatible with health and well-being.
 7        It is the purpose of this Article to provide for locating
 8    an absent parent or spouse,  for  determining  his  financial
 9    circumstances,  and  for  enforcing  his  legal obligation of
10    support, if he is able to furnish support,  in  whole  or  in
11    part.   The  Illinois  Department  of  Public  Aid shall give
12    priority  to  establishing,  enforcing  and  collecting   the
13    current support obligation, and then to past due support owed
14    to  the  family  unit,  except  with  respect  to collections
15    effected through the intercept programs provided for in  this
16    Article.
17        The   child   and  spouse  support  enforcement  services
18    provided hereunder shall be furnished dependents of an absent
19    parent or spouse who are applicants  for  or   recipients  of
20    financial  aid  under  this  Code.   It  is  not,  however, a
21    condition of eligibility for financial aid that there  be  no
22    responsible  relatives  who  are  reasonably  able to provide
23    support. Nor, except as provided in Sections 4-1.7 and  10-8,
24    shall  the  existence  of  such relatives or their payment of
25    support contributions disqualify a needy person for financial
26    aid.
27        By accepting financial aid under this Code, a spouse or a
28    parent or other person having custody of  a  child  shall  be
29    deemed to have made assignment to the Illinois Department for
30    aid  under  Articles  III,  IV,  V  and  VII  or  to  a local
31    governmental unit for aid under Article VI  of  any  and  all
32    rights,  title,  and interest in any support obligation up to
33    the amount of financial aid provided.  The rights to  support
34    assigned  to  the  Illinois Department of Public Aid or local
 
                            -9-            LRB9211345DJmbam01
 1    governmental unit shall constitute  an  obligation  owed  the
 2    State  or  local  governmental  unit  by  the  person  who is
 3    responsible  for  providing  the  support,   and   shall   be
 4    collectible under all applicable processes.
 5        The  Illinois Department of Public Aid shall also furnish
 6    the child and spouse support enforcement services established
 7    under  this  Article  in  behalf  of  persons  who  are   not
 8    applicants for or recipients of financial aid under this Code
 9    in  accordance  with  the requirements of Title IV, Part D of
10    the Social Security Act.   The  Department  may  establish  a
11    schedule  of  reasonable  fees,  to  be paid for the services
12    provided and may deduct a collection fee, not to  exceed  10%
13    of  the  amount collected, from such collection. The Illinois
14    Department of Public Aid shall  cause  to  be  published  and
15    distributed  publications reasonably calculated to inform the
16    public  that  individuals  who  are  not  recipients  of   or
17    applicants  for  public  aid under this Code are eligible for
18    the child and spouse support enforcement services under  this
19    Article X.  Such publications shall set forth an explanation,
20    in   plain  language,  that  the  child  and  spouse  support
21    enforcement services program is independent of any public aid
22    program under the Code and that the receiving  of  child  and
23    spouse support enforcement services service in no way implies
24    that  the person receiving such services service is receiving
25    public aid.
26    (Source: P.A. 90-18, eff. 7-1-97.)

27        (305 ILCS 5/10-3) (from Ch. 23, par. 10-3)
28        Sec.  10-3.  Standard  and  Regulations  for  Determining
29    Ability to Support.)  The Illinois Department shall establish
30    a  standard  by  which  shall  be  measured  the  ability  of
31    responsible relatives to provide support, and shall implement
32    the  standard  by  rules  governing  its  application.    The
33    standard and the rules shall take into account the buying and
 
                            -10-           LRB9211345DJmbam01
 1    consumption  patterns  of  self-supporting  persons of modest
 2    income, present or future contingencies having direct bearing
 3    on maintenance of  the  relative's  self-support  status  and
 4    fulfillment  of  his obligations to his immediate family, and
 5    any   unusual   or   exceptional   circumstances    including
 6    estrangement or other personal or social factors, that have a
 7    bearing on family relationships and the relative's ability to
 8    meet   his   support  obligations.   The  standard  shall  be
 9    recomputed periodically to reflect changes  in  the  cost  of
10    living and other pertinent factors.
11        In  addition to the standard, the Illinois Department may
12    establish guidelines to be used exclusively  to  measure  the
13    ability of responsible relatives to provide support on behalf
14    of  applicants  for  or  recipients  of  financial  aid under
15    Article IV of this Act and other persons who are given access
16    to the child and spouse support enforcement services of  this
17    Article  as  provided  in  Section  10-1.   In such case, the
18    Illinois  Department  shall  base  the  guidelines  upon  the
19    applicable provisions of Sections 504, 505 and 505.2  of  the
20    Illinois   Marriage  and  Dissolution  of  Marriage  Act,  as
21    amended,  and  shall  implement  such  guidelines  by   rules
22    governing their application.
23        The   term   "administrative  administration  enforcement
24    unit", when used in this Article,  means  local  governmental
25    units  or the Child and Spouse Support Unit established under
26    Section 10-3.1 when exercising the powers designated in  this
27    Article.  The administrative enforcement unit shall apply the
28    standard  or guidelines, rules and procedures provided for by
29    this Section and Sections 10-4 through  10-8  in  determining
30    the  ability  of responsible relatives to provide support for
31    applicants for or recipients  of  financial  aid  under  this
32    Code,  except  that  the  administrative enforcement unit may
33    apply such standard or guidelines, rules  and  procedures  at
34    its  discretion  with  respect  to  those  applicants  for or
 
                            -11-           LRB9211345DJmbam01
 1    recipients of  financial  aid  under  Article  IV  and  other
 2    persons  who are given access to the child and spouse support
 3    enforcement services of this Article as provided  by  Section
 4    10-1.
 5    (Source: P.A. 86-649; revised 12-13-01.)

 6        (305 ILCS 5/10-3.1) (from Ch. 23, par. 10-3.1)
 7        Sec.   10-3.1.   Child  and  Spouse  Support  Unit.   The
 8    Illinois Department shall establish within its administrative
 9    staff a Child and Spouse  Support  Unit  to  search  for  and
10    locate  absent  parents and spouses liable for the support of
11    persons resident in this State and to  exercise  the  support
12    enforcement   powers   and   responsibilities   assigned  the
13    Department by this Article.  The unit  shall  cooperate  with
14    all  law  enforcement  officials  in  this State and with the
15    authorities of other States in locating  persons  responsible
16    for the support of persons resident in other States and shall
17    invite   the   cooperation   of   these  authorities  in  the
18    performance of its duties.
19        In addition to other duties assigned the Child and Spouse
20    Support Unit by this Article,  the  Unit  may  refer  to  the
21    Attorney  General  or  units  of  local  government  with the
22    approval of the Attorney General, any actions under  Sections
23    10-10  and  10-15  for  judicial  enforcement  of the support
24    liability.  The Child and Spouse Support Unit shall  act  for
25    the  Department  in referring to the Attorney General support
26    matters requiring judicial enforcement under other laws.   If
27    requested  by  the Attorney General to so act, as provided in
28    Section 12-16, attorneys of the Unit may assist the  Attorney
29    General  or  themselves  institute  actions  in behalf of the
30    Illinois Department  under  the  Revised  Uniform  Reciprocal
31    Enforcement  of Support Act; under the Illinois Parentage Act
32    of 1984; under the Non-Support of Spouse  and  Children  Act;
33    under the Non-Support Punishment Act; or under any other law,
 
                            -12-           LRB9211345DJmbam01
 1    State  or  Federal,  providing  for  support  of  a spouse or
 2    dependent child.
 3        The Illinois Department shall also have the authority  to
 4    enter  into  agreements  with  local  governmental  units  or
 5    individuals,  with  the approval of the Attorney General, for
 6    the collection of moneys owing because of the  failure  of  a
 7    parent to make child support payments for any child receiving
 8    services  under  this  Article.   Such agreements may be on a
 9    contingent fee basis,  but  such  contingent  fee  shall  not
10    exceed 25% of the total amount collected.
11        An  attorney who provides representation pursuant to this
12    Section shall represent the Illinois Department  exclusively.
13    Regardless  of  the designation of the plaintiff in an action
14    brought  pursuant  to  this   Section,   an   attorney-client
15    relationship  does  not  exist  for  purposes  of that action
16    between that attorney and (i) an applicant for  or  recipient
17    of  child and spouse support enforcement services or (ii) any
18    other party to the action other than the Illinois Department.
19    Nothing in this Section shall  be  construed  to  modify  any
20    power  or duty (including a duty to maintain confidentiality)
21    of  the  Child  and  Spouse  Support  Unit  or  the  Illinois
22    Department otherwise provided by law.
23        The Illinois Department may also  enter  into  agreements
24    with  local  governmental  units  for  the  Child  and Spouse
25    Support Unit to exercise the  investigative  and  enforcement
26    powers  designated in this Article, including the issuance of
27    administrative  orders  under  Section  10-11,  in   locating
28    responsible  relatives  and  obtaining  support  for  persons
29    applying  for or receiving aid under Article VI. Payments for
30    defrayment  of  administrative  costs  and  support  payments
31    obtained shall be deposited into  the  DHS  Recoveries  Trust
32    Fund.   Support  payments  shall  be paid over to the General
33    Assistance Fund of the local governmental unit at  such  time
34    or times as the agreement may specify.
 
                            -13-           LRB9211345DJmbam01
 1        With  respect  to  those  cases  in  which it has support
 2    enforcement powers and responsibilities under  this  Article,
 3    the  Illinois  Department may provide by rule for periodic or
 4    other review of  each  administrative  and  court  order  for
 5    support  to  determine  whether  a  modification of the order
 6    should be sought. The Illinois Department shall  provide  for
 7    and  conduct  such  review  in accordance with any applicable
 8    federal law and regulation.
 9        As part of its process for review of orders for  support,
10    the  Illinois Department, through written notice, may require
11    the responsible  relative  to  disclose  his  or  her  Social
12    Security  Number  and past and present information concerning
13    the relative's address, employment, gross  wages,  deductions
14    from  gross wages, net wages, bonuses, commissions, number of
15    dependent exemptions claimed, individual and dependent health
16    insurance coverage, and any other  information  necessary  to
17    determine the relative's ability to provide support in a case
18    receiving child and spouse support enforcement services under
19    this Article X.
20        The  Illinois  Department  may send a written request for
21    the  same  information  to  the  relative's  employer.    The
22    employer  shall respond to the request for information within
23    15 days after the date the employer receives the request.  If
24    the employer willfully fails  to  fully  respond  within  the
25    15-day  period,  the employer shall pay a penalty of $100 for
26    each day that the response is not provided  to  the  Illinois
27    Department  after the 15-day period has expired.  The penalty
28    may be collected in a  civil  action  which  may  be  brought
29    against the employer in favor of the Illinois Department.
30        A  written  request  for  information sent to an employer
31    pursuant to this Section shall consist of (i) a  citation  of
32    this  Section  as the statutory authority for the request and
33    for  the  employer's  obligation  to  provide  the  requested
34    information,  (ii)  a  returnable  form  setting  forth   the
 
                            -14-           LRB9211345DJmbam01
 1    employer's  name  and  address  and  listing  the name of the
 2    employee with respect to whom information is  requested,  and
 3    (iii)  a  citation of this Section as the statutory authority
 4    authorizing the employer to withhold a fee of up to $20  from
 5    the  wages  or income to be paid to each responsible relative
 6    for providing the  information  to  the  Illinois  Department
 7    within  the  15-day  period.   If the employer is withholding
 8    support  payments  from  the  responsible  relative's  income
 9    pursuant to  an  order  for  withholding,  the  employer  may
10    withhold  the  fee  provided  for  in this Section only after
11    withholding support as required under the order.  Any amounts
12    withheld from the responsible relative's income  for  payment
13    of support and the fee provided for in this Section shall not
14    be  in  excess  of  the  amounts  permitted under the federal
15    Consumer Credit Protection Act.
16        In a case receiving child and spouse support  enforcement
17    services,  the  Illinois  Department  may  request and obtain
18    information from a particular employer under this Section  no
19    more than once in any 12-month period, unless the information
20    is necessary to conduct a review of a court or administrative
21    order  for  support  at  the  request of the person receiving
22    child and spouse support enforcement services.
23        The Illinois Department shall establish and  maintain  an
24    administrative  unit to receive and transmit to the Child and
25    Spouse Support Unit information supplied by persons  applying
26    for   or  receiving  child  and  spouse  support  enforcement
27    services under  Section  10-1.   In  addition,  the  Illinois
28    Department   shall   address   and  respond  to  any  alleged
29    deficiencies that persons receiving or applying for  services
30    from   the   Child  and  Spouse  Support  Unit  may  identify
31    concerning the Child and Spouse Support Unit's  provision  of
32    child and spouse support enforcement services. Within 60 days
33    after  an  action  or  failure to act by the Child and Spouse
34    Support Unit that affects his or her case, a recipient of  or
 
                            -15-           LRB9211345DJmbam01
 1    applicant  for  child and spouse support enforcement services
 2    under Article X of this Code may request  an  explanation  of
 3    the  Unit's handling of the case.  At the requestor's option,
 4    the  explanation  may  be  provided  either  orally   in   an
 5    interview,  in  writing,  or both. If the Illinois Department
 6    fails to respond to the request for an explanation  or  fails
 7    to  respond  in  a  manner  satisfactory  to the applicant or
 8    recipient within 30 days from the date of the request for  an
 9    explanation,   the  applicant  or  recipient  may  request  a
10    conference for further review of the matter by the Office  of
11    the  Administrator  of  the  Child and Spouse Support Unit. A
12    request for a conference may be submitted at any time  within
13    60  days after the explanation has been provided by the Child
14    and Spouse Support Unit or within 60 days after the time  for
15    providing the explanation has expired.
16        The  applicant  or  recipient  may  request  a conference
17    concerning any  decision  denying  or  terminating  child  or
18    spouse  support  enforcement services under Article X of this
19    Code, and the applicant  or  recipient  may  also  request  a
20    conference  concerning the Unit's failure to provide services
21    or the provision of services in an amount or manner  that  is
22    considered  inadequate.   For  purposes  of this Section, the
23    Child and Spouse Support Unit includes all local governmental
24    units or individuals with whom the  Illinois  Department  has
25    contracted under Section 10-3.1.
26        Upon  receipt  of  a timely request for a conference, the
27    Office of the  Administrator  shall  review  the  case.   The
28    applicant  or  recipient  requesting  the conference shall be
29    entitled, at his or her option, to appear  in  person  or  to
30    participate in the conference by telephone.  The applicant or
31    recipient  requesting  the conference shall be entitled to be
32    represented and to be afforded a  reasonable  opportunity  to
33    review  the  Illinois  Department's  file  before  or  at the
34    conference.  At the conference, the  applicant  or  recipient
 
                            -16-           LRB9211345DJmbam01
 1    requesting the conference shall be afforded an opportunity to
 2    present  all relevant matters in support of his or her claim.
 3    Conferences  shall  be  without  cost  to  the  applicant  or
 4    recipient requesting the conference and shall be conducted by
 5    a representative of the Child or Spouse Support Unit who  did
 6    not participate in the action or inaction being reviewed.
 7        The   Office   of   the  Administrator  shall  conduct  a
 8    conference and inform all interested parties, in writing,  of
 9    the results of the conference within 60 days from the date of
10    filing of the request for a conference.
11        In  addition  to  its  other  powers and responsibilities
12    established by this Article, the  Child  and  Spouse  Support
13    Unit shall conduct an annual assessment of each institution's
14    program  for  institution based paternity establishment under
15    Section 12 of the Vital Records Act.
16    (Source: P.A.  91-24,  eff.  7-1-99;  91-613,  eff.  10-1-99;
17    92-16, eff. 6-28-01.)

18        (305 ILCS 5/10-4) (from Ch. 23, par. 10-4)
19        Sec.  10-4.  Notification  of  Support  Obligation.   The
20    administrative enforcement unit within the authorized area of
21    its operation shall notify each responsible  relative  of  an
22    applicant  or  recipient,  or  responsible relatives of other
23    persons  given  access  to  the  child  support   enforcement
24    services  of this Article, of his legal obligation to support
25    and shall request such information concerning  his  financial
26    status  as  may  be  necessary  to  determine  whether  he is
27    financially able to provide such  support,  in  whole  or  in
28    part.  In  cases  involving  a child born out of wedlock, the
29    notification shall include a statement that  the  responsible
30    relative has been named as the biological father of the child
31    identified in the notification.
32        In the case of applicants, the notification shall be sent
33    as soon as practical after the filing of the application.  In
 
                            -17-           LRB9211345DJmbam01
 1    the case of recipients, the notice shall be sent at such time
 2    as may be established by rule of the Illinois Department.
 3        The   notice   shall  be  accompanied  by  the  forms  or
 4    questionnaires provided in Section 10-5.  It shall inform the
 5    relative that he may  be  liable  for  reimbursement  of  any
 6    support   furnished   from   public   aid   funds   prior  to
 7    determination of the relative's financial  circumstances,  as
 8    well  as for future support. In the alternative, when support
 9    is sought on  behalf  of  applicants  for  or  recipients  of
10    financial aid under Article IV of this Code and other persons
11    who  are  given  access  to  the  child  and  spouse  support
12    enforcement  services  of this Article as provided in Section
13    10-1, the notice shall inform the relative that the  relative
14    may  be  required to pay support for a period before the date
15    an administrative support order is entered, as well as future
16    support.
17        Neither the mailing nor receipt of such notice  shall  be
18    deemed   a  jurisdictional  requirement  for  the  subsequent
19    exercise of the investigative  procedures  undertaken  by  an
20    administrative  enforcement unit or the entry of any order or
21    determination of paternity or support or reimbursement by the
22    administrative enforcement unit; except that notice shall  be
23    served   by  certified  mail  addressed  to  the  responsible
24    relative at his or her last  known  address,  return  receipt
25    requested,  or  by  any method provided by law for service of
26    summons, in cases  where  a  determination  of  paternity  or
27    support  by  default is sought on behalf of applicants for or
28    recipients of financial aid under Article IV of this Act  and
29    other  persons  who  are given access to the child and spouse
30    support enforcement services of this Article as  provided  in
31    Section 10-1.
32    (Source: P.A. 88-687, eff. 1-24-95.)

33        (305 ILCS 5/10-7) (from Ch. 23, par. 10-7)
 
                            -18-           LRB9211345DJmbam01
 1        Sec. 10-7.  Notice of support due.
 2        (a)  When   an   administrative   enforcement   unit  has
 3    determined that a responsible relative is financially able to
 4    contribute to the support of an applicant or  recipient,  the
 5    responsible  relative shall be notified by mailing him a copy
 6    of the determination by United States registered or certified
 7    mail, advising him of his legal obligation  to  make  support
 8    payments  for  such  period  or  periods of time, definite in
 9    duration or indefinite, as  the  circumstances  require.  The
10    notice  shall  direct  payment  as  provided in Section 10-8.
11    Where applicable, the determination and notice may include  a
12    demand   for  reimbursement  for  emergency  aid  granted  an
13    applicant  or  recipient  during  the  period   between   the
14    application  and  determination  of the relative's obligation
15    for support and for aid granted during any subsequent  period
16    the  responsible  relative  was  financially  able to provide
17    support but failed or refused to do so.
18        (b)  In the alternative, when support is sought on behalf
19    of applicants  for  or  recipients  of  financial  aid  under
20    Article IV of this Act and other persons who are given access
21    to  the child and spouse support enforcement services of this
22    Article as  provided  in  Section  10-1,  the  administrative
23    enforcement unit shall not be required to send the notice and
24    may  enter  an  administrative  order  immediately  under the
25    provisions of Section 10-11.  The order shall be  based  upon
26    the  determination  made under the provisions of Section 10-6
27    or, in instances of default, upon the needs  of  the  persons
28    for  whom support is sought. In addition to requiring payment
29    of future  support,  the  administrative  order  may  require
30    payment  of support for a period before the date the order is
31    entered.  The amount of support to  be  paid  for  the  prior
32    period  shall  be determined under the guidelines established
33    by the Illinois Department  pursuant  to  Section  10-3.  The
34    order shall direct payment as provided in Section 10-10.
 
                            -19-           LRB9211345DJmbam01
 1    (Source: P.A. 88-687, eff. 1-24-95.)

 2        (305 ILCS 5/10-8) (from Ch. 23, par. 10-8)
 3        Sec.  10-8.   Support  Payments  - Partial Support - Full
 4    Support.  The notice to responsible relatives issued pursuant
 5    to Section 10-7 shall direct  payment  (a)  to  the  Illinois
 6    Department  in  cases  of  applicants  and  recipients  under
 7    Articles  III,  IV,  V  and  VII,  (b)  except as provided in
 8    Section 10-3.1, to the local governmental unit in the case of
 9    applicants and recipients under Article VI, and  (c)  to  the
10    Illinois   Department   in   cases   of   non-applicants  and
11    non-recipients given access to the child and  spouse  support
12    enforcement  services of this Article, as provided by Section
13    10-1.   However,  if  the  support  payments  by  responsible
14    relatives are sufficient to meet  needs  of  a  recipient  in
15    full,  including  current  and anticipated medical needs, and
16    the Illinois Department or the local  governmental  unit,  as
17    the  case may be, has reasonable grounds to believe that such
18    needs will continue to be provided in full by the responsible
19    relatives, the relatives may be directed to  make  subsequent
20    support  payments  to  the  needy person or to some person or
21    agency in his behalf and the recipient shall be removed  from
22    the  rolls.   In  such  instance  the recipient also shall be
23    notified by registered or certified mail of the action taken.
24    If a recipient removed from the rolls requests  the  Illinois
25    Department to continue to collect the support payments in his
26    behalf,  the  Department,  at  its  option, may do so and pay
27    amounts so collected  to  the  person.   The  Department  may
28    provide  for deducting any costs incurred by it in making the
29    collection from the amount of any recovery made and pay  only
30    the net amount to the person.
31        Payments  under  this  Section to the Illinois Department
32    pursuant to the Child Support Enforcement Program established
33    by Title IV-D of the Social Security Act shall be  paid  into
 
                            -20-           LRB9211345DJmbam01
 1    the  Child Support Enforcement Trust Fund. All payments under
 2    this Section to the Illinois  Department  of  Human  Services
 3    shall   be  deposited  in  the  DHS  Recoveries  Trust  Fund.
 4    Disbursements from  these  funds  shall  be  as  provided  in
 5    Sections  12-9.1 and 12-10.2 of this Code.  Payments received
 6    by a local governmental  unit  shall  be  deposited  in  that
 7    unit's General Assistance Fund.
 8        To   the  extent  the  provisions  of  this  Section  are
 9    inconsistent with the requirements pertaining  to  the  State
10    Disbursement  Unit  under  Sections 10-10.4 and 10-26 of this
11    Code, the requirements pertaining to the  State  Disbursement
12    Unit shall apply.
13    (Source:  P.A.  91-24,  eff.  7-1-99;  91-212,  eff. 7-20-99;
14    92-16, eff. 6-28-01.)

15        (305 ILCS 5/10-8.1)
16        Sec.  10-8.1.   Temporary  order   for   child   support.
17    Notwithstanding  any  other  law to the contrary, pending the
18    outcome of an administrative determination of parentage,  the
19    Illinois  Department  shall issue a temporary order for child
20    support, upon motion by a party and a showing  of  clear  and
21    convincing  evidence of paternity.  In determining the amount
22    of the temporary child support award, the Illinois Department
23    shall  use  the  guidelines  and  standards  set   forth   in
24    subsection  (a)  of  Section  505 and in Section 505.2 of the
25    Illinois Marriage and Dissolution of Marriage Act.
26        Any new or existing support order entered by the Illinois
27    Department under this Section shall be deemed to be a  series
28    of  judgments  against  the  person  obligated to pay support
29    thereunder, each such judgment to be in the  amount  of  each
30    payment  or  installment  of  support and each judgment to be
31    deemed entered as of the date the  corresponding  payment  or
32    installment becomes due under the terms of the support order.
33    Each  such  judgment  shall  have the full force, effect, and
 
                            -21-           LRB9211345DJmbam01
 1    attributes of any other judgment of this State, including the
 2    ability to be enforced.  Any  such  judgment  is  subject  to
 3    modification  or  termination only in accordance with Section
 4    510 of the Illinois Marriage and Dissolution of Marriage Act.
 5    A lien arises by  operation  of  law  against  the  real  and
 6    personal   property  of  the  noncustodial  parent  for  each
 7    installment of  overdue  support  owed  by  the  noncustodial
 8    parent.
 9        All  orders  for support entered or modified in a case in
10    which  a  party  is  receiving  child  and   spouse   support
11    enforcement  services  under  this  Article X shall include a
12    provision requiring the non-custodial parent  to  notify  the
13    Illinois Department, within 7 days, (i) of the name, address,
14    and telephone number of any new employer of the non-custodial
15    parent,  (ii)  whether the non-custodial parent has access to
16    health insurance coverage through the employer or other group
17    coverage, and, if so, the policy  name  and  number  and  the
18    names  of  persons covered under the policy, and (iii) of any
19    new residential or mailing address or telephone number of the
20    non-custodial parent.
21        In any subsequent action to enforce a support order, upon
22    sufficient showing that diligent  effort  has  been  made  to
23    ascertain  the  location of the non-custodial parent, service
24    of process or provision of notice necessary  in  that  action
25    may  be  made  at the last known address of the non-custodial
26    parent, in any manner expressly provided by the Code of Civil
27    Procedure or this Act, which service shall be sufficient  for
28    purposes of due process.
29        An  order  for  support shall include a date on which the
30    current support obligation terminates.  The termination  date
31    shall  be no earlier than the date on which the child covered
32    by the order will attain the age of majority or is  otherwise
33    emancipated.   The  order  for  support  shall state that the
34    termination date does not apply to  any  arrearage  that  may
 
                            -22-           LRB9211345DJmbam01
 1    remain  unpaid  on that date. Nothing in this paragraph shall
 2    be  construed  to  prevent  the  Illinois   Department   from
 3    modifying the order.
 4    (Source: P.A. 90-18, eff. 7-1-97.)

 5        (305 ILCS 5/10-10) (from Ch. 23, par. 10-10)
 6        Sec.  10-10.   Court  enforcement;  applicability also to
 7    persons who are not applicants or recipients.   Except  where
 8    the  Illinois  Department,  by  agreement, acts for the local
 9    governmental unit,  as  provided  in  Section  10-3.1,  local
10    governmental  units shall refer to the State's Attorney or to
11    the proper legal representative of the governmental unit, for
12    judicial  enforcement  as  herein  provided,   instances   of
13    non-support  or  insufficient support when the dependents are
14    applicants or recipients under Article  VI.   The  Child  and
15    Spouse   Support  Unit  established  by  Section  10-3.1  may
16    institute in behalf of the Illinois  Department  any  actions
17    under  this  Section  for judicial enforcement of the support
18    liability  when  the  dependents  are   (a)   applicants   or
19    recipients  under  Articles III, IV, V or VII; (b) applicants
20    or recipients in a local governmental unit when the  Illinois
21    Department,   by   agreement,  acts  for  the  unit;  or  (c)
22    non-applicants or  non-recipients  who  are  receiving  child
23    support   enforcement  services  under  this  Article  X,  as
24    provided in Section 10-1.  Where the Child and Spouse Support
25    Unit has exercised its option and discretion not to apply the
26    provisions of Sections 10-3 through 10-8, the failure by  the
27    Unit  to apply such provisions shall not be a bar to bringing
28    an action under this Section.
29        Action shall be brought in the circuit  court  to  obtain
30    support, or for the recovery of aid granted during the period
31    such  support was not provided, or both for the obtainment of
32    support and the recovery of the aid  provided.   Actions  for
33    the  recovery  of  aid may be taken separately or they may be
 
                            -23-           LRB9211345DJmbam01
 1    consolidated with actions to obtain  support.   Such  actions
 2    may be brought in the name of the person or persons requiring
 3    support,  or  may  be  brought  in  the  name of the Illinois
 4    Department or  the  local  governmental  unit,  as  the  case
 5    requires, in behalf of such persons.
 6        The court may enter such orders for the payment of moneys
 7    for  the  support  of the person as may be just and equitable
 8    and may direct payment thereof for such period or periods  of
 9    time  as  the  circumstances require, including support for a
10    period before the date the order for support is entered.  The
11    order may be entered against any  or  all  of  the  defendant
12    responsible relatives and may be based upon the proportionate
13    ability of each to contribute to the person's support.
14        The  Court  shall  determine  the amount of child support
15    (including child support for a period  before  the  date  the
16    order  for  child support is entered) by using the guidelines
17    and standards set forth in subsection (a) of Section 505  and
18    in  Section 505.2 of the Illinois Marriage and Dissolution of
19    Marriage Act. For purposes of determining the amount of child
20    support to be paid for a period before the date the order for
21    child support is entered, there is a  rebuttable  presumption
22    that  the  responsible  relative's net income for that period
23    was the same as his or her net income at the time  the  order
24    is entered.
25        If  (i) the responsible relative was properly served with
26    a request for discovery of financial information relating  to
27    the  responsible relative's ability to provide child support,
28    (ii) the responsible  relative  failed  to  comply  with  the
29    request,  despite  having been ordered to do so by the court,
30    and (iii) the responsible relative  is  not  present  at  the
31    hearing  to  determine support despite having received proper
32    notice, then any relevant  financial  information  concerning
33    the  responsible  relative's ability to provide child support
34    that was obtained pursuant  to  subpoena  and  proper  notice
 
                            -24-           LRB9211345DJmbam01
 1    shall be admitted into evidence without the need to establish
 2    any further foundation for its admission.
 3        An  order  entered  under  this  Section  shall include a
 4    provision requiring the obligor to report to the obligee  and
 5    to  the  clerk  of court within 10 days each time the obligor
 6    obtains  new  employment,  and  each   time   the   obligor's
 7    employment  is terminated for any reason. The report shall be
 8    in writing and shall, in the case of new employment,  include
 9    the  name  and address of the new employer. Failure to report
10    new employment or the termination of current  employment,  if
11    coupled  with nonpayment of support for a period in excess of
12    60 days, is indirect  criminal  contempt.   For  any  obligor
13    arrested  for  failure to report new employment bond shall be
14    set in the amount of the child support that should have  been
15    paid  during  the  period of unreported employment.  An order
16    entered under this Section shall  also  include  a  provision
17    requiring  the  obligor  and  obligee  parents to advise each
18    other of a change in residence within 5 days  of  the  change
19    except  when  the  court  finds that the physical, mental, or
20    emotional health of a party or that  of  a  minor  child,  or
21    both,  would  be  seriously  endangered  by disclosure of the
22    party's address.
23        The Court shall determine the amount of maintenance using
24    the standards set  forth  in  Section  504  of  the  Illinois
25    Marriage and Dissolution of Marriage Act.
26        Any  new  or  existing support order entered by the court
27    under this  Section  shall  be  deemed  to  be  a  series  of
28    judgments   against  the  person  obligated  to  pay  support
29    thereunder, each such judgment to be in the  amount  of  each
30    payment  or  installment of support and each such judgment to
31    be deemed entered as of the date the corresponding payment or
32    installment becomes due under the terms of the support order.
33    Each such judgment shall have  the  full  force,  effect  and
34    attributes of any other judgment of this State, including the
 
                            -25-           LRB9211345DJmbam01
 1    ability  to  be  enforced.   Any  such judgment is subject to
 2    modification or termination only in accordance  with  Section
 3    510 of the Illinois Marriage and Dissolution of Marriage Act.
 4    A  lien  arises  by  operation  of  law  against the real and
 5    personal  property  of  the  noncustodial  parent  for   each
 6    installment  of  overdue  support  owed  by  the noncustodial
 7    parent.
 8        When an order is entered for the support of a minor,  the
 9    court  may  provide  therein for reasonable visitation of the
10    minor by the person or persons who provided support  pursuant
11    to  the order.  Whoever willfully refuses to comply with such
12    visitation order or willfully interferes with its enforcement
13    may be declared in contempt of court and punished therefor.
14        Except where the local governmental unit has entered into
15    an agreement with the Illinois Department for the  Child  and
16    Spouse  Support  Unit  to  act for it, as provided in Section
17    10-3.1,  support  orders  entered  by  the  court  in   cases
18    involving  applicants  or  recipients  under Article VI shall
19    provide that payments thereunder  be  made  directly  to  the
20    local governmental unit.  Orders for the support of all other
21    applicants   or   recipients   shall  provide  that  payments
22    thereunder be made directly to the  Illinois  Department.  In
23    accordance  with  federal  law  and regulations, the Illinois
24    Department  may  continue  to  collect  current   maintenance
25    payments  or  child  support  payments,  or both, after those
26    persons  cease  to  receive  public  assistance   and   until
27    termination  of  services  under  Article  X.   The  Illinois
28    Department  shall  pay  the  net  amount  collected  to those
29    persons after deducting any  costs  incurred  in  making  the
30    collection  or  any  collection  fee  from  the amount of any
31    recovery made.  In both cases  the  order  shall  permit  the
32    local  governmental  unit  or the Illinois Department, as the
33    case may be, to direct the responsible relative or  relatives
34    to  make support payments directly to the needy person, or to
 
                            -26-           LRB9211345DJmbam01
 1    some person or agency in his  behalf,  upon  removal  of  the
 2    person  from  the  public  aid  rolls  or upon termination of
 3    services under Article X.
 4        If the notice of support due issued pursuant  to  Section
 5    10-7  directs  that  support payments be made directly to the
 6    needy person, or to some person or agency in his behalf,  and
 7    the  recipient  is  removed  from the public aid rolls, court
 8    action  may  be  taken  against  the   responsible   relative
 9    hereunder  if  he fails to furnish support in accordance with
10    the terms of such notice.
11        Actions may also be brought under this Section in  behalf
12    of  any  person  who  is  in need of support from responsible
13    relatives, as defined in Section 2-11 of Article  II  who  is
14    not an applicant for or recipient of financial aid under this
15    Code.   In such instances, the State's Attorney of the county
16    in which such person resides shall bring action  against  the
17    responsible relatives hereunder.  If the Illinois Department,
18    as  authorized  by  Section  10-1,  extends the child support
19    enforcement services provided by this Article to spouses  and
20    dependent children who are not applicants or recipients under
21    this  Code,  the Child and Spouse Support Unit established by
22    Section 10-3.1 shall bring  action  against  the  responsible
23    relatives  hereunder  and  any  support orders entered by the
24    court in such cases shall provide that payments thereunder be
25    made directly to the Illinois Department.
26        Whenever it is determined in a proceeding to establish or
27    enforce a child support or maintenance  obligation  that  the
28    person  owing  a duty of support is unemployed, the court may
29    order the person to seek employment and  report  periodically
30    to the court with a diary, listing or other memorandum of his
31    or  her efforts in accordance with such order.  Additionally,
32    the court may order the unemployed person to  report  to  the
33    Department  of Employment Security for job search services or
34    to make application with the local Job  Training  Partnership
 
                            -27-           LRB9211345DJmbam01
 1    Act  provider  for  participation  in job search, training or
 2    work programs and where the duty of  support  is  owed  to  a
 3    child receiving child support enforcement services under this
 4    Article  X,  the  court  may  order  the unemployed person to
 5    report to the Illinois Department for  participation  in  job
 6    search,  training  or work programs established under Section
 7    9-6 and Article IXA of this Code.
 8        Whenever it is determined that  a  person  owes  past-due
 9    support for a child receiving assistance under this Code, the
10    court shall order at the request of the Illinois Department:
11             (1)  that  the  person  pay  the past-due support in
12        accordance with a plan approved by the court; or
13             (2)  if  the  person  owing  past-due   support   is
14        unemployed,  is  subject  to  such  a  plan,  and  is not
15        incapacitated, that the person participate  in  such  job
16        search,  training,  or  work  programs  established under
17        Section 9-6 and Article IXA of this  Code  as  the  court
18        deems appropriate.
19        A   determination   under   this  Section  shall  not  be
20    administratively reviewable by the  procedures  specified  in
21    Sections  10-12,  and  10-13  to 10-13.10.  Any determination
22    under these Sections, if made the basis of court action under
23    this  Section,  shall  not  affect  the  de   novo   judicial
24    determination required under this Section.
25        A  one-time charge of 20% is imposable upon the amount of
26    past-due child support owed on July 1, 1988 which has accrued
27    under a support order entered by the court.  The charge shall
28    be imposed in accordance with the provisions of Section 10-21
29    of this  Code  and  shall  be  enforced  by  the  court  upon
30    petition.
31        All  orders  for support, when entered or modified, shall
32    include a provision requiring  the  non-custodial  parent  to
33    notify  the court and, in cases in which a party is receiving
34    child and spouse  support  enforcement  services  under  this
 
                            -28-           LRB9211345DJmbam01
 1    Article X, the Illinois Department, within 7 days, (i) of the
 2    name,  address,  and  telephone number of any new employer of
 3    the non-custodial  parent,  (ii)  whether  the  non-custodial
 4    parent  has  access  to health insurance coverage through the
 5    employer or other group coverage and, if so, the policy  name
 6    and number and the names of persons covered under the policy,
 7    and  (iii)  of  any  new  residential  or  mailing address or
 8    telephone  number  of  the  non-custodial  parent.   In   any
 9    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 Code, which service shall be sufficient for
16    purposes of due process.
17        An order for support shall include a date  on  which  the
18    current  support obligation terminates.  The termination date
19    shall be no earlier than the date on which the child  covered
20    by  the order will attain the age of majority or is otherwise
21    emancipated.  The order for  support  shall  state  that  the
22    termination  date  does  not  apply to any arrearage that may
23    remain unpaid on that date.  Nothing in this paragraph  shall
24    be construed to prevent the court from modifying the order.
25        Upon   notification   in   writing   or   by   electronic
26    transmission from the Illinois Department to the clerk of the
27    court  that  a person who is receiving support payments under
28    this Section is receiving services under  the  Child  Support
29    Enforcement  Program  established by Title IV-D of the Social
30    Security Act, any support payments subsequently  received  by
31    the  clerk  of  the  court shall be transmitted in accordance
32    with the instructions of the Illinois  Department  until  the
33    Illinois Department gives notice to the clerk of the court to
34    cease  the  transmittal.  After  providing  the  notification
 
                            -29-           LRB9211345DJmbam01
 1    authorized  under  this  paragraph,  the  Illinois Department
 2    shall be entitled  as  a  party  to  notice  of  any  further
 3    proceedings in the case.  The clerk of the court shall file a
 4    copy  of  the Illinois Department's notification in the court
 5    file.  The clerk's failure to file a copy of the notification
 6    in the court file shall not,  however,  affect  the  Illinois
 7    Department's right to receive notice of further proceedings.
 8        Payments  under  this  Section to the Illinois Department
 9    pursuant to the Child Support Enforcement Program established
10    by Title IV-D of the Social Security Act shall be  paid  into
11    the  Child Support Enforcement Trust Fund. All payments under
12    this Section to the Illinois  Department  of  Human  Services
13    shall   be  deposited  in  the  DHS  Recoveries  Trust  Fund.
14    Disbursements from  these  funds  shall  be  as  provided  in
15    Sections  12-9.1 and 12-10.2 of this Code.  Payments received
16    by a local governmental  unit  shall  be  deposited  in  that
17    unit's General Assistance Fund.
18        To   the  extent  the  provisions  of  this  Section  are
19    inconsistent with the requirements pertaining  to  the  State
20    Disbursement  Unit  under  Sections 10-10.4 and 10-26 of this
21    Code, the requirements pertaining to the  State  Disbursement
22    Unit shall apply.
23    (Source:  P.A.  91-24,  eff.  7-1-99;  91-212,  eff. 7-20-99;
24    91-357,  eff.  7-29-99;  91-767,  eff.  6-9-00;  92-16,  eff.
25    6-28-01.)

26        (305 ILCS 5/10-10.1) (from Ch. 23, par. 10-10.1)
27        Sec. 10-10.1. Public Aid Collection Fee.   In  all  cases
28    instituted by the Illinois Department on behalf of a child or
29    spouse,  other  than  one  receiving a grant of financial aid
30    under Article IV, on whose behalf  an  application  has  been
31    made  and  approved for child support enforcement services as
32    provided by Section 10-1, the court shall impose a collection
33    fee on the individual who owes  a  child  or  spouse  support
 
                            -30-           LRB9211345DJmbam01
 1    obligation in an amount equal to 10% of the amount so owed as
 2    long as such collection is required by federal law, which fee
 3    shall   be  in  addition  to  the  support  obligation.   The
 4    imposition of such fee shall be in accordance with provisions
 5    of  Title  IV,  Part  D,  of  the  Social  Security  Act  and
 6    regulations duly promulgated thereunder.  The  fee  shall  be
 7    payable  to the clerk of the circuit court for transmittal to
 8    the  Illinois  Department  and  shall  continue  until  child
 9    support  enforcement   services   are   terminated   by   the
10    Department.
11    (Source: P.A. 82-979.)

12        (305 ILCS 5/10-10.4)
13        Sec.  10-10.4.   Payment of Support to State Disbursement
14    Unit.
15        (a)  As used in this Section:
16        "Order for support", "obligor",  "obligee",  and  "payor"
17    mean  those  terms  as  defined in the Income Withholding for
18    Support Act, except that "order for support" shall  not  mean
19    orders providing for spousal maintenance under which there is
20    no child support obligation.
21        (b)  Notwithstanding  any other provision of this Code to
22    the contrary, each court or administrative order for  support
23    entered or modified on or after October 1, 1999 shall require
24    that  support payments be made to the State Disbursement Unit
25    established under Section 10-26 if:
26             (1)  a party to the order  is  receiving  child  and
27        spouse support enforcement services under this Article X;
28        or
29             (2)  no  party  to  the order is receiving child and
30        spouse support  enforcement  services,  but  the  support
31        payments are made through income withholding.
32        (c)  Support   payments   shall  be  made  to  the  State
33    Disbursement Unit if:
 
                            -31-           LRB9211345DJmbam01
 1             (1)  the  order  for  support  was  entered   before
 2        October  1,  1999,  and a party to the order is receiving
 3        child and spouse support enforcement services under  this
 4        Article X; or
 5             (2)  no  party  to  the order is receiving child and
 6        spouse support  enforcement  services,  and  the  support
 7        payments are being made through income withholding.
 8        (c-5)  If  no  party  to the order is receiving child and
 9    spouse support enforcement services under this Article X, and
10    the support  payments  are  not  being  made  through  income
11    withholding,  then support payments shall be made as directed
12    in the order for support.
13        (c-10)  At any time, and notwithstanding the existence of
14    an  order  directing  payments  to  be  made  elsewhere,  the
15    Department of Public Aid may provide notice  to  the  obligor
16    and, where applicable, to the obligor's payor:
17             (1)  to   make   support   payments   to  the  State
18        Disbursement Unit if:
19                  (A)  a  party  to  the  order  for  support  is
20             receiving child support enforcement  services  under
21             this Article X; or
22                  (B)  no  party  to  the  order  for  support is
23             receiving child support enforcement  services  under
24             this  Article  X,  but the support payments are made
25             through income withholding; or
26             (2)  to  make  support   payments   to   the   State
27        Disbursement  Unit  of  another  state  upon  request  of
28        another  state's  Title  IV-D  child  support enforcement
29        agency, in accordance with the requirements of Title  IV,
30        Part  D  of  the  Social  Security  Act  and  regulations
31        promulgated  under  that Part D. Within 15 days after the
32        effective date of this amendatory Act of the 91st General
33        Assembly, the Illinois Department shall  provide  written
34        notice  to  the  clerk of the circuit court, the obligor,
 
                            -32-           LRB9211345DJmbam01
 1        and,  where  applicable,  the  obligor's  payor  to  make
 2        payments to the State Disbursement Unit if:
 3             (1)  the  order  for  support  was  entered   before
 4        October  1,  1999,  and a party to the order is receiving
 5        child and spouse support services under this  Article  X;
 6        or
 7             (2)  no  party  to  the order is receiving child and
 8        spouse support services, and  the  support  payments  are
 9        being made through income withholding.
10        (c-15)  Within  15  days after the effective date of this
11    amendatory Act of the 91st General Assembly, the clerk of the
12    circuit court shall provide written notice to the obligor  to
13    make  payments  directly to the clerk of the circuit court if
14    no party to the order is receiving child and  spouse  support
15    enforcement  services  under  this  Article  X,  the  support
16    payments  are  not  made  through income withholding, and the
17    order for  support  requires  support  payments  to  be  made
18    directly to the clerk of the circuit court.
19        (c-20)  If the State Disbursement Unit receives a support
20    payment  that  was  not  appropriately made to the Unit under
21    this Section, the Unit shall immediately return  the  payment
22    to the sender, including, if possible, instructions detailing
23    where to send the support payments.
24        (d)  The  notices  required  under subsections (c-10) and
25    (c-15) may be sent by ordinary mail, certified  mail,  return
26    receipt   requested,   facsimile   transmission,   or   other
27    electronic  process,  or  may  be  served upon the obligor or
28    payor using any method provided  by  law  for  service  of  a
29    summons.   A  copy  of  the  notice  shall be provided to the
30    obligee and, when the order for support was  entered  by  the
31    court, to the clerk of the court.
32    (Source: P.A. 91-212, eff. 7-20-99; 91-677, eff. 1-5-00.)

33        (305 ILCS 5/10-11) (from Ch. 23, par. 10-11)
 
                            -33-           LRB9211345DJmbam01
 1        Sec.  10-11.   Administrative  Orders. In lieu of actions
 2    for court enforcement of support  under  Section  10-10,  the
 3    Child  and Spouse Support Unit of the Illinois Department, in
 4    accordance with the rules of  the  Illinois  Department,  may
 5    issue  an  administrative  order  requiring  the  responsible
 6    relative  to  comply  with the terms of the determination and
 7    notice of support due, determined and issued  under  Sections
 8    10-6  and  10-7.  The  Unit  may also enter an administrative
 9    order  under   subsection   (b)   of   Section   10-7.    The
10    administrative  order  shall  be  served upon the responsible
11    relative by United States registered or  certified  mail.  In
12    cases  in  which  the  responsible  relative  appeared at the
13    office of the Child and Spouse Support Unit  in  response  to
14    the  notice  of support obligation issued under Section 10-4,
15    however, or in cases of  default  in  which  the  notice  was
16    served  on the responsible relative by certified mail, return
17    receipt requested, or by  any  method  provided  by  law  for
18    service  of  summons,  the  administrative  determination  of
19    paternity  or administrative support order may be sent to the
20    responsible  relative  by  ordinary  mail  addressed  to  the
21    responsible relative's last known address.
22        If a responsible relative or a person receiving child and
23    spouse support enforcement services under this Article  fails
24    to  petition  the  Illinois  Department  for  release from or
25    modification of the  administrative  order,  as  provided  in
26    Section  10-12  or  Section  10-12.1,  the order shall become
27    final  and  there  shall  be  no  further  administrative  or
28    judicial  remedy.   Likewise  a  decision  by  the   Illinois
29    Department  as  a  result  of  an  administrative hearing, as
30    provided in Sections 10-13 to 10-13.10,  shall  become  final
31    and   enforceable   if  not  judicially  reviewed  under  the
32    Administrative Review Law, as provided in Section 10-14.
33        Any new or existing support order entered by the Illinois
34    Department under this Section shall be deemed to be a  series
 
                            -34-           LRB9211345DJmbam01
 1    of  judgments  against  the  person  obligated to pay support
 2    thereunder, each such judgment to be in the  amount  of  each
 3    payment  or  installment of support and each such judgment to
 4    be deemed entered as of the date the corresponding payment or
 5    installment becomes due under the terms of the support order.
 6    Each such judgment shall have  the  full  force,  effect  and
 7    attributes of any other judgment of this State, including the
 8    ability  to  be  enforced.   Any  such judgment is subject to
 9    modification or termination only in accordance  with  Section
10    510 of the Illinois Marriage and Dissolution of Marriage Act.
11    A  lien  arises  by  operation  of  law  against the real and
12    personal  property  of  the  noncustodial  parent  for   each
13    installment  of  overdue  support  owed  by  the noncustodial
14    parent.
15        An order entered  under  this  Section  shall  include  a
16    provision  requiring the obligor to report to the obligee and
17    to the clerk of court within 10 days each  time  the  obligor
18    obtains   new   employment,   and  each  time  the  obligor's
19    employment is terminated for any reason. The report shall  be
20    in  writing and shall, in the case of new employment, include
21    the name and address of the new employer. Failure  to  report
22    new  employment  or the termination of current employment, if
23    coupled with nonpayment of support for a period in excess  of
24    60  days,  is  indirect  criminal  contempt.  For any obligor
25    arrested for failure to report new employment bond  shall  be
26    set  in the amount of the child support that should have been
27    paid during the period of unreported  employment.   An  order
28    entered  under  this  Section  shall also include a provision
29    requiring the obligor and  obligee  parents  to  advise  each
30    other  of  a  change in residence within 5 days of the change
31    except when the court finds that  the  physical,  mental,  or
32    emotional  health  of  a  party  or that of a minor child, or
33    both, would be seriously  endangered  by  disclosure  of  the
34    party's address.
 
                            -35-           LRB9211345DJmbam01
 1        A  one-time charge of 20% is imposable upon the amount of
 2    past-due child support  owed  on  July  1,  1988,  which  has
 3    accrued  under  a  support  order  entered  by  the  Illinois
 4    Department  under  this Section.  The charge shall be imposed
 5    in accordance with the provisions of Section 10-21 and  shall
 6    be enforced by the court in a suit filed under Section 10-15.
 7    (Source:  P.A.  90-18,  eff.  7-1-97;  90-539,  eff.  6-1-98;
 8    90-655,  eff.  7-30-98;  90-790,  eff.  8-14-98; 91-212, eff.
 9    7-20-99.)

10        (305 ILCS 5/10-11.1) (from Ch. 23, par. 10-11.1)
11        Sec.  10-11.1.   (a)  Whenever  it  is  determined  in  a
12    proceeding under Sections 10-6, 10-7, 10-11 or  10-17.1  that
13    the responsible relative is unemployed, and support is sought
14    on  behalf  of  applicants for or recipients of financial aid
15    under Article IV of this Code or other persons who are  given
16    access  to  the child and spouse support enforcement services
17    of  this  Article  as   provided   in   Section   10-1,   the
18    administrative  enforcement  unit  may  order the responsible
19    relative  to  report   to   the   Illinois   Department   for
20    participation  in  job  search,  training  or  work  programs
21    established under Section 9-6 and Article IXA of this Code or
22    to  the  Illinois  Department  of Employment Security for job
23    search services or to make application  with  the  local  Job
24    Training  Partnership  Act  provider for participation in job
25    search, training or work programs.
26        (b)  Whenever  it  is  determined  that   a   responsible
27    relative   owes   past-due  support  for  a  child  under  an
28    administrative support order entered under subsection (b)  of
29    Section  10-7 or under Section 10-11 or 10-17.1 and the child
30    is receiving assistance under this Code,  the  administrative
31    enforcement unit shall order the following:
32             (1)  that  the responsible relative pay the past-due
33        support  in  accordance  with  a  plan  approved  by  the
 
                            -36-           LRB9211345DJmbam01
 1        administrative enforcement unit; or
 2             (2)  if  the  responsible  relative  owing  past-due
 3        support is unemployed, is subject to such a plan, and  is
 4        not   incapacitated,   that   the   responsible  relative
 5        participate in job search,  training,  or  work  programs
 6        established  under  Section  9-6  and Article IXA of this
 7        Code.
 8    (Source: P.A. 92-16, eff. 6-28-01.)

 9        (305 ILCS 5/10-12.1)
10        Sec. 10-12.1. Petition  by  person  receiving  child  and
11    spouse  support  enforcement  services  for  release  from or
12    modification   of    administrative    support    order    or
13    administrative   determination   of  paternity.   Any  person
14    receiving child and spouse support enforcement services under
15    this Article who is  aggrieved  by  an  administrative  order
16    entered  under  Section 10-11 or 10-11.1 or an administrative
17    determination of paternity entered under Section 10-17.7  who
18    has  been  duly  notified  of the order or determination may,
19    within 30 days after the date of  mailing  of  the  order  or
20    determination,  petition  the Illinois Department for release
21    from or modification of the order or determination.  The  day
22    immediately  subsequent  to  the  mailing  of  the  order  or
23    determination  shall  be  considered as the first day and the
24    day the petition is received by the Illinois Department shall
25    be considered as the last day in computing the 30-day  appeal
26    period.  Upon  receiving  a petition within the 30-day appeal
27    period, the Illinois Department shall provide for  a  hearing
28    to be held on the petition.
29    (Source: P.A. 90-790, eff. 8-14-98.)

30        (305 ILCS 5/10-13) (from Ch. 23, par. 10-13)
31        Sec. 10-13. Hearing on Petition. The Illinois Department,
32    or  any  officer or employee thereof designated in writing by
 
                            -37-           LRB9211345DJmbam01
 1    the  Illinois  Department,   shall   conduct   hearings   and
 2    investigations in connection with petitions filed pursuant to
 3    Section  10-12  or Section 10-12.1. Responsible relatives and
 4    persons  receiving  child  and  spouse  support   enforcement
 5    services  under  this  Article shall be entitled to appear in
 6    person, to be represented by counsel at the  hearing  and  to
 7    present  all  relevant  matter in support of their petitions.
 8    The provisions of Sections  10-13.1  through  10-13.10  shall
 9    govern the hearing.
10        The   hearing   shall   be   de  novo  and  the  Illinois
11    Department's  determination  of  liability  or  non-liability
12    shall  be   independent   of   the   determination   of   the
13    administrative enforcement unit.
14    (Source: P.A. 90-790, eff. 8-14-98.)

15        (305 ILCS 5/10-14) (from Ch. 23, par. 10-14)
16        Sec.  10-14.  Review  of  Illinois department decision on
17    petition for hearing.  Any  responsible  relative  or  person
18    receiving child and spouse support enforcement services under
19    this  Article  affected by a final administrative decision of
20    the Illinois Department in a hearing, conducted  pursuant  to
21    Sections  10-13  through  10-13.10  in which such relative or
22    person receiving services was a party, may have the  decision
23    reviewed only under and in accordance with the Administrative
24    Review  Law, as amended. The provisions of the Administrative
25    Review Law, and the rules  adopted  pursuant  thereto,  shall
26    apply  to  and govern all proceedings for the judicial review
27    of  such  final  administrative  decisions  of  the  Illinois
28    Department. The term "administrative decision" is defined  as
29    in Section 3-101 of the Code of Civil Procedure.
30        Appeals  from all final orders and judgments entered by a
31    court upon review of the Illinois Department's order  in  any
32    case may be taken by either party to the proceeding and shall
33    be  governed  by  the  rules  applicable  to appeals in civil
 
                            -38-           LRB9211345DJmbam01
 1    cases.
 2        The remedy herein provided for appeal shall be exclusive,
 3    and no court shall have jurisdiction to  review  the  subject
 4    matter of any order made by the Illinois Department except as
 5    herein provided.
 6    (Source: P.A. 90-790, eff. 8-14-98.)

 7        (305 ILCS 5/10-14.1)
 8        Sec.   10-14.1.  Relief   from   administrative   orders.
 9    Notwithstanding the 30-day appeal period provided in Sections
10    10-12  and  10-12.1  and  the  limitation  on review of final
11    administrative  decisions  contained  in  Section  10-14,   a
12    responsible  relative  or a person receiving child and spouse
13    support  enforcement  services  under  this  Article  who  is
14    aggrieved by an administrative order  entered  under  Section
15    10-11  or  10-11.1  or  an  administrative  determination  of
16    paternity  entered  under  Section  10-17.7  and  who did not
17    petition within the 30-day appeal  period  may  petition  the
18    Illinois  Department for relief from the administrative order
19    or determination on the same  grounds  as  are  provided  for
20    relief  from  judgments  under  Section 2-1401 of the Code of
21    Civil Procedure.  The petition must be filed not later than 2
22    years after the entry of the order or  determination  by  the
23    Illinois  Department.   The day immediately subsequent to the
24    mailing of the order or determination shall be considered  as
25    the  first  day  and  the day the petition is received by the
26    Illinois Department shall be considered as the  last  day  in
27    computing  the  2-year  period.   Any period during which the
28    person seeking relief is under a legal disability  or  duress
29    or  during  which  the  grounds  for  relief are fraudulently
30    concealed shall be excluded in  computing  the  period  of  2
31    years.
32        Upon  receiving  a petition within the 2-year period, the
33    Illinois Department shall provide for a hearing to be held on
 
                            -39-           LRB9211345DJmbam01
 1    the petition.
 2    (Source: P.A. 90-790, eff. 8-14-98.)

 3        (305 ILCS 5/10-15) (from Ch. 23, par. 10-15)
 4        Sec. 10-15.  Enforcement of administrative  order;  costs
 5    and  fees.   If  a responsible relative refuses, neglects, or
 6    fails to  comply  with  a  final  administrative  support  or
 7    reimbursement order of the Illinois Department entered by the
 8    Child  and  Spouse Support Unit pursuant to Sections 10-11 or
 9    10-11.1 or registered pursuant to Section 10-17.1, the  Child
10    and Spouse Support Unit may file suit against the responsible
11    relative   or   relatives   to  secure  compliance  with  the
12    administrative order.
13        Suits shall be instituted in the name of  the  People  of
14    the  State  of  Illinois on the relation of the Department of
15    Public Aid of  the  State  of  Illinois  and  the  spouse  or
16    dependent  children  for  whom  the  support  order  has been
17    issued.
18        The  court  shall  order  the  payment  of  the   support
19    obligation, or orders for reimbursement of moneys for support
20    provided,  directly  to the Illinois Department but the order
21    shall  permit  the  Illinois   Department   to   direct   the
22    responsible relative or relatives to make payments of support
23    directly  to  the  spouse  or  dependent children, or to some
24    person or agency in his  or  their  behalf,  as  provided  in
25    Section 10-8 or 10-10, as applicable.
26        Whenever  it  is determined in a proceeding to enforce an
27    administrative  order  that  the  responsible   relative   is
28    unemployed, and support is sought on behalf of applicants for
29    or  recipients of financial aid under Article IV of this Code
30    or other persons who are given access to the child and spouse
31    support enforcement services of this Article as  provided  in
32    Section 10-1, the court may order the responsible relative to
33    seek  employment  and report periodically to the court with a
 
                            -40-           LRB9211345DJmbam01
 1    diary, listing or other memorandum of his or her  efforts  in
 2    accordance with such order.  In addition, the court may order
 3    the unemployed responsible relative to report to the Illinois
 4    Department  for participation in job search, training or work
 5    programs established under Section 9-6 of this Code or to the
 6    Illinois Department of Employment  Security  for  job  search
 7    services  or  to make application with the local Job Training
 8    Partnership Act provider for  participation  in  job  search,
 9    training or work programs.
10        Charges  imposed  in  accordance  with  the provisions of
11    Section 10-21 shall be enforced by the Court in a suit  filed
12    under this Section.
13        To   the  extent  the  provisions  of  this  Section  are
14    inconsistent with the requirements pertaining  to  the  State
15    Disbursement  Unit  under  Sections 10-10.4 and 10-26 of this
16    Code, the requirements pertaining to the  State  Disbursement
17    Unit shall apply.
18    (Source: P.A. 91-212, eff. 7-20-99; 92-16, eff. 6-28-01.)

19        (305 ILCS 5/10-17.2) (from Ch. 23, par. 10-17.2)
20        Sec.   10-17.2.   Income  Withholding  By  Administrative
21    Order.  The Illinois Department may provide by rule for entry
22    of  an  administrative  support   order   containing   income
23    withholding  provisions and for service and enforcement of an
24    income withholding notice  and  a  National  Medical  Support
25    Notice,  by  the Child and Spouse Support Unit based upon and
26    in the same manner as prescribed by  the  Income  Withholding
27    for  Support  Act.    The  penalties  provided  in the Income
28    Withholding for Support Act shall apply hereto and  shall  be
29    enforced  by  filing an action under that Act. The rule shall
30    provide for notice to and an opportunity to be heard  by  the
31    responsible  relative  affected  and any final administrative
32    decision rendered by the Department shall  be  reviewed  only
33    under and in accordance with the Administrative Review Law.
 
                            -41-           LRB9211345DJmbam01
 1    (Source: P.A. 90-18, eff. 7-1-97; 90-673, eff. 1-1-99.)

 2        (305 ILCS 5/10-17.7)
 3        Sec. 10-17.7.  Administrative determination of paternity.
 4    The   Illinois   Department  may  provide  by  rule  for  the
 5    administrative determination of paternity by  the  Child  and
 6    Spouse  Support  Unit  in  cases  involving applicants for or
 7    recipients of financial aid under Article IV of this Act  and
 8    other  persons  who  are given access to the child and spouse
 9    support enforcement services of this Article as  provided  in
10    Section   10-1,  including  persons  similarly  situated  and
11    receiving similar services in other states.  The rules  shall
12    extend  to  cases  in  which  the  mother  and alleged father
13    voluntarily acknowledge paternity in the form required by the
14    Illinois Department or agree to be bound by  the  results  of
15    genetic  testing or in which the alleged father has failed to
16    respond to a notification of support obligation issued  under
17    Section  10-4  and  to  cases  of  contested  paternity.  Any
18    presumption provided for under the Illinois Parentage Act  of
19    1984  shall  apply  to cases in which paternity is determined
20    under the rules of the Illinois Department.  The rules  shall
21    provide  for  notice  and  an  opportunity to be heard by the
22    responsible relative  and  the  person  receiving  child  and
23    spouse  support  enforcement  services  under this Article if
24    paternity is not  voluntarily  acknowledged,  and  any  final
25    administrative  decision  rendered by the Illinois Department
26    shall be reviewed only  under  and  in  accordance  with  the
27    Administrative  Review  Law. Determinations of paternity made
28    by the Illinois Department under the rules authorized by this
29    Section shall have the full  force  and  effect  of  a  court
30    judgment  of  paternity  entered under the Illinois Parentage
31    Act of 1984.
32        In determining paternity in contested cases, the Illinois
33    Department  shall  conduct   the   evidentiary   hearing   in
 
                            -42-           LRB9211345DJmbam01
 1    accordance  with  Section  11  of  the Parentage Act of 1984,
 2    except that references in that Section to "the  court"  shall
 3    be  deemed  to mean the Illinois Department's hearing officer
 4    in cases in which paternity is determined administratively by
 5    the Illinois Department.
 6        Notwithstanding any other provision of  this  Article,  a
 7    default  determination of paternity may be made if service of
 8    the notice under Section 10-4 was made by  publication  under
 9    the   rules   for   administrative   paternity  determination
10    authorized by this Section.  The rules  as  they  pertain  to
11    service  by  publication shall (i) be based on the provisions
12    of Section 2-206 and 2-207 of the Code  of  Civil  Procedure,
13    (ii) provide for service by publication in cases in which the
14    whereabouts  of the alleged father are unknown after diligent
15    location efforts by the Child and Spouse  Support  Unit,  and
16    (iii)   provide  for  publication  of  a  notice  of  default
17    paternity determination in the same manner  that  the  notice
18    under Section 10-4 was published.
19        The   Illinois  Department  may  implement  this  Section
20    through the use of emergency rules in accordance with Section
21    5-45 of  the  Illinois  Administrative  Procedure  Act.   For
22    purposes  of  the  Illinois Administrative Procedure Act, the
23    adoption  of  rules  to  implement  this  Section  shall   be
24    considered   an   emergency  and  necessary  for  the  public
25    interest, safety, and welfare.
26    (Source: P.A. 89-6, eff. 3-6-95; 89-641, eff. 8-9-96; 90-790,
27    eff. 8-14-98.)

28        (305 ILCS 5/12-8) (from Ch. 23, par. 12-8)
29        Sec. 12-8.  Public Assistance Emergency Revolving Fund  -
30    Uses.    The  Public  Assistance  Emergency  Revolving  Fund,
31    established by Act approved July 8, 1955 shall be held by the
32    Illinois Department and  shall  be  used  for  the  following
33    purposes:
 
                            -43-           LRB9211345DJmbam01
 1             1.  To provide immediate financial aid to applicants
 2        in  acute  need who have been determined eligible for aid
 3        under Articles III, IV, or V.
 4             2.  To provide emergency  aid  to  recipients  under
 5        said  Articles  who  have  failed to receive their grants
 6        because of mail box or other thefts, or who  are  victims
 7        of  a  burnout,  eviction, or other circumstances causing
 8        privation, in which cases  the  delays  incident  to  the
 9        issuance   of  grants  from  appropriations  would  cause
10        hardship and suffering.
11             3.  To provide  emergency  aid  for  transportation,
12        meals  and  lodging  to  applicants  who  are referred to
13        cities  other  than  where  they  reside   for   physical
14        examinations  to establish blindness or disability, or to
15        determine the incapacity of the  parent  of  a  dependent
16        child.
17             4.  To   provide  emergency  transportation  expense
18        allowances to recipients engaged in  vocational  training
19        and rehabilitation projects.
20             5.  To  assist  public  aid  applicants in obtaining
21        copies  of  birth   certificates,   death   certificates,
22        marriage  licenses or other similar legal documents which
23        may facilitate the verification of eligibility for public
24        aid under this Code.
25             6.  To provide  immediate  payments  to  current  or
26        former  recipients of child support enforcement services,
27        or refunds to responsible relatives,  for  child  support
28        made  to  the Illinois Department under Title IV-D of the
29        Social Security Act when such recipients of  services  or
30        responsible relatives are legally entitled to all or part
31        of  such child support payments under applicable State or
32        federal law.
33             7.  To provide payments to individuals or  providers
34        of  transportation  to  and  from  medical  care  for the
 
                            -44-           LRB9211345DJmbam01
 1        benefit of recipients under Articles III, IV, V, and VI.
 2        Disbursements  from  the  Public   Assistance   Emergency
 3    Revolving Fund shall be made by the Illinois Department.
 4        Expenditures   from   the   Public  Assistance  Emergency
 5    Revolving Fund shall  be  for  purposes  which  are  properly
 6    chargeable to appropriations made to the Illinois Department,
 7    or,  in  the  case  of  payments under subparagraph 6, to the
 8    Child  Support  Enforcement  Trust  Fund,  except   that   no
 9    expenditure  shall  be  made  for purposes which are properly
10    chargeable  to  appropriations  for  the  following  objects:
11    personal  services;  extra  help;  state   contributions   to
12    retirement  system;  state  contributions to Social Security;
13    state contributions for employee group insurance; contractual
14    services;   travel;   commodities;    printing;    equipment;
15    electronic  data  processing;  operation  of  auto equipment;
16    telecommunications services; library books; and refunds.  The
17    Illinois  Department  shall  reimburse  the Public Assistance
18    Emergency Revolving Fund  by  warrants  drawn  by  the  State
19    Comptroller  on the appropriation or appropriations which are
20    so chargeable, or, in the case of payments under subparagraph
21    6, by warrants drawn on the Child Support  Enforcement  Trust
22    Fund, payable to the Revolving Fund.
23        The  Illinois  Department shall consult, in writing, with
24    the Citizens Assembly/Council on Public Aid with  respect  to
25    the  investment of funds from the Public Assistance Emergency
26    Revolving Fund outside the State Treasury in certificates  of
27    deposit or other interest-bearing accounts.
28    (Source: P.A. 92-111, eff. 1-1-02.)

29        Section  7.  The Vital Records Act is amended by changing
30    Section 12 as follows:

31        (410 ILCS 535/12) (from Ch. 111 1/2, par. 73-12)
32        Sec. 12.  Live births; place of registration.
 
                            -45-           LRB9211345DJmbam01
 1        (1)  Each live birth which occurs in this State shall  be
 2    registered  with the local or subregistrar of the district in
 3    which the birth occurred as provided in this Section,  within
 4    7  days  after  the  birth.  When  a birth occurs on a moving
 5    conveyance, the city, village, township, or road district  in
 6    which the child is first removed from the conveyance shall be
 7    considered  the  place of birth and a birth certificate shall
 8    be filed in the registration district in which the  place  is
 9    located.
10        (2)  When a birth occurs in an institution, the person in
11    charge  of  the  institution or his designated representative
12    shall obtain and record  all  the  personal  and  statistical
13    particulars  relative  to  the  parents of the child that are
14    required to properly complete  the  live  birth  certificate;
15    shall secure the required personal signatures on the hospital
16    worksheet; shall prepare the certificate from this worksheet;
17    and  shall file the certificate with the local registrar. The
18    institution shall retain the hospital  worksheet  permanently
19    or   as  otherwise  specified  by  rule.   The  physician  in
20    attendance shall verify or provide  the  date  of  birth  and
21    medical  information  required  by the certificate, within 24
22    hours after the birth occurs.
23        (3)  When a birth  occurs  outside  an  institution,  the
24    certificate  shall  be  prepared  and  filed  by  one  of the
25    following in the indicated order of priority:
26             (a)  The physician in attendance at  or  immediately
27        after the birth, or in the absence of such a person,
28             (b)  Any   other   person   in   attendance   at  or
29        immediately after the birth, or in the absence of such  a
30        person,
31             (c)  The  father,  the  mother, or in the absence of
32        the father and the inability of the mother, the person in
33        charge of the premises where the birth occurred.
34        (4)  Unless otherwise provided in this Act, if the mother
 
                            -46-           LRB9211345DJmbam01
 1    was not married to the father of the child at either the time
 2    of conception or the time of birth, the name  of  the  father
 3    shall be entered on the child's birth certificate only if the
 4    mother  and  the person to be named as the father have signed
 5    an acknowledgment of parentage in accordance with  subsection
 6    (5).
 7        Unless  otherwise provided in this Act, if the mother was
 8    married at the time of conception or birth and  the  presumed
 9    father  (that is, the mother's husband) is not the biological
10    father of the child, the name of the biological father  shall
11    be  entered  on  the  child's  birth  certificate only if, in
12    accordance with subsection (5), (i) the mother and the person
13    to be named as the father have signed  an  acknowledgment  of
14    parentage and (ii) the mother and presumed father have signed
15    a denial of paternity.
16        (5)  Upon  the birth of a child to an unmarried woman, or
17    upon the birth of a child to a woman who was married  at  the
18    time  of  conception  or  birth  and whose husband is not the
19    biological father of the child, the institution at  the  time
20    of  birth  and  the local registrar or county clerk after the
21    birth shall do the following:
22             (a)  Provide (i)  an  opportunity  for  the  child's
23        mother  and father to sign an acknowledgment of parentage
24        and (ii) if the presumed father  is  not  the  biological
25        father, an opportunity for the mother and presumed father
26        to   sign   a  denial  of  paternity.   The  signing  and
27        witnessing of the acknowledgment of parentage or, if  the
28        presumed  father  of  the  child  is  not  the biological
29        father, the acknowledgment of  parentage  and  denial  of
30        paternity  conclusively  establishes  a  parent and child
31        relationship in accordance with Sections 5 and 6  of  the
32        Illinois Parentage Act of 1984.
33             The  Illinois Department of Public Aid shall furnish
34        the acknowledgment of parentage and denial  of  paternity
 
                            -47-           LRB9211345DJmbam01
 1        form  to institutions, county clerks, and State and local
 2        registrars' offices.  The form shall include instructions
 3        to send the original signed and witnessed  acknowledgment
 4        of  parentage  and  denial  of  paternity to the Illinois
 5        Department of Public Aid.
 6             (b)  Provide the following documents,  furnished  by
 7        the  Illinois  Department  of  Public Aid, to the child's
 8        mother, biological father, and (if the person presumed to
 9        be the child's  father  is  not  the  biological  father)
10        presumed   father  for  their  review  at  the  time  the
11        opportunity is provided to establish a parent  and  child
12        relationship:
13                  (i)  An  explanation  of  the  implications of,
14             alternatives to,  legal  consequences  of,  and  the
15             rights  and responsibilities that arise from signing
16             an acknowledgment of parentage and, if necessary,  a
17             denial of paternity, including an explanation of the
18             parental   rights   and  responsibilities  of  child
19             support, visitation, custody,  retroactive  support,
20             health  insurance  coverage,  and  payment  of birth
21             expenses.
22                  (ii)  An explanation of the benefits of  having
23             a child's parentage established and the availability
24             of   parentage   establishment   and  child  support
25             enforcement services.
26                  (iii)  A request for an application  for  child
27             support   enforcement  services  from  the  Illinois
28             Department of Public Aid.
29                  (iv)  Instructions concerning  the  opportunity
30             to  speak,  either  by  telephone or in person, with
31             staff of the Illinois Department of Public  Aid  who
32             are   trained  to  clarify  information  and  answer
33             questions about paternity establishment.
34                  (v)  Instructions for  completing  and  signing
 
                            -48-           LRB9211345DJmbam01
 1             the   acknowledgment  of  parentage  and  denial  of
 2             paternity.
 3             (c)  Provide an oral explanation  of  the  documents
 4        and   instructions   set  forth  in  subdivision  (5)(b),
 5        including  an  explanation  of   the   implications   of,
 6        alternatives  to,  legal  consequences of, and the rights
 7        and  responsibilities  that   arise   from   signing   an
 8        acknowledgment  of  parentage and, if necessary, a denial
 9        of paternity.  The  oral  explanation  may  be  given  in
10        person or through the use of video or audio equipment.
11        (6)  The institution, State or local registrar, or county
12    clerk  shall provide an opportunity for the child's father or
13    mother to sign a rescission of  parentage.  The  signing  and
14    witnessing   of   the   rescission  of  parentage  voids  the
15    acknowledgment of parentage and nullifies the presumption  of
16    paternity  if executed and filed with the Illinois Department
17    of Public Aid within the time frame contained in Section 5 of
18    the Illinois Parentage Act of 1984. The  Illinois  Department
19    of  Public Aid shall furnish the rescission of parentage form
20    to  institutions,  county  clerks,  and   State   and   local
21    registrars'  offices.  The form shall include instructions to
22    send  the  original  signed  and  witnessed   rescission   of
23    parentage to the Illinois Department of Public Aid.
24        (7)  An  acknowledgment  of  paternity signed pursuant to
25    Section 6 of the  Illinois  Parentage  Act  of  1984  may  be
26    challenged  in  court  only on the basis of fraud, duress, or
27    material mistake of fact, with the burden of proof  upon  the
28    challenging  party.   Pending  outcome  of a challenge to the
29    acknowledgment of paternity, the  legal  responsibilities  of
30    the signatories shall remain in full force and effect, except
31    upon order of the court upon a showing of good cause.
32        (8)  When  the process for acknowledgment of parentage as
33    provided for under subsection (5) establishes  the  paternity
34    of  a  child whose certificate of birth is on file in another
 
                            -49-           LRB9211345DJmbam01
 1    state, the Illinois Department of Public Aid shall forward  a
 2    copy  of  the  acknowledgment  of  parentage,  the  denial of
 3    paternity, if applicable, and the rescission of parentage, if
 4    applicable, to the birth record agency of the state where the
 5    child's certificate of birth is on file.
 6        (9)  In the event the parent-child relationship has  been
 7    established  in accordance with subdivision (a)(1) of Section
 8    6 of the Parentage Act of 1984, the names of  the  biological
 9    mother  and biological father so established shall be entered
10    on the child's  birth  certificate,  and  the  names  of  the
11    surrogate  mother  and  surrogate  mother's  husband, if any,
12    shall not be on the birth certificate.
13    (Source: P.A.  90-18,  eff.  7-1-97;  90-790,  eff.  8-14-98;
14    91-308, eff. 7-29-99.)

15        Section 10.  The Illinois  Marriage  and  Dissolution  of
16    Marriage  Act  is  amended  by  changing Sections 505.1, 506,
17    507.1, 510, 516, 709, and 710 as follows:

18        (750 ILCS 5/505.1) (from Ch. 40, par. 505.1)
19        Sec.  505.1.   (a)  Whenever  it  is  determined   in   a
20    proceeding  to  establish  or  enforce  a  child  support  or
21    maintenance  obligation  that  the  person  owing  a  duty of
22    support is unemployed, the court may order the person to seek
23    employment and report periodically to the court with a diary,
24    listing  or  other  memorandum  of  his  or  her  efforts  in
25    accordance with such order. Additionally, the court may order
26    the  unemployed  person  to  report  to  the  Department   of
27    Employment  Security  for  job  search  services  or  to make
28    application with  the  local  Job  Training  Partnership  Act
29    provider  for  participation  in job search, training or work
30    programs and where the duty of support is  owed  to  a  child
31    receiving  child support enforcement services under Article X
32    of the Illinois Public Aid Code, as amended,  the  court  may
 
                            -50-           LRB9211345DJmbam01
 1    order  the  unemployed  person  to  report  to  the  Illinois
 2    Department  of  Public  Aid  for participation in job search,
 3    training or work programs established under Section  9-6  and
 4    Article IXA of that Code.
 5        (b)  Whenever   it  is  determined  that  a  person  owes
 6    past-due support for a child or for a child  and  the  parent
 7    with  whom  the  child  is living, and the child is receiving
 8    assistance under the Illinois  Public  Aid  Code,  the  court
 9    shall  order  at  the  request  of the Illinois Department of
10    Public Aid:
11             (1)  that the person pay  the  past-due  support  in
12        accordance with a plan approved by the court; or
13             (2)  if   the   person  owing  past-due  support  is
14        unemployed, is  subject  to  such  a  plan,  and  is  not
15        incapacitated,  that  the  person participate in such job
16        search, training,  or  work  programs  established  under
17        Section  9-6  and  Article IXA of the Illinois Public Aid
18        Code as the court deems appropriate.
19    (Source: P.A. 90-18, eff. 7-1-97; 91-357, eff. 7-29-99.)

20        (750 ILCS 5/506) (from Ch. 40, par. 506)
21        Sec. 506.  Representation of child.
22        (a)  Duties.  In any proceedings involving  the  support,
23    custody, visitation, education, parentage, property interest,
24    or  general  welfare of a minor or dependent child, the court
25    may, on its own motion or that of any party, and  subject  to
26    the  terms or specifications the court determines, appoint an
27    attorney to serve in one of the following capacities:
28             (1)  as an attorney to represent the child;
29             (2)  as a guardian ad litem to  address  issues  the
30        court delineates;
31             (3)  as a child's representative whose duty shall be
32        to  advocate  what  the representative finds to be in the
33        best interests of the child after reviewing the facts and
 
                            -51-           LRB9211345DJmbam01
 1        circumstances of the case.   The  child's  representative
 2        shall  have  the same power and authority to take part in
 3        the conduct of the litigation as does an attorney  for  a
 4        party  and  shall possess all the powers of investigation
 5        and recommendation as does  a  guardian  ad  litem.   The
 6        child's  representative  shall consider, but not be bound
 7        by,  the  expressed  wishes  of  the  child.   A  child's
 8        representative shall  have  received  training  in  child
 9        advocacy  or  shall possess such experience as determined
10        to be equivalent to such training by the chief  judge  of
11        the  circuit  where  the  child's representative has been
12        appointed. The child's representative shall not  disclose
13        confidential  communications made by the child, except as
14        required by law or by the Rules of Professional  Conduct.
15        The  child's  representative  shall  not  be  called as a
16        witness  regarding  the  issues   set   forth   in   this
17        subsection.
18        During   the   proceedings   the  court  may  appoint  an
19    additional attorney to serve in  another  of  the  capacities
20    described  in  subdivisions  (a)(1), (a)(2), or (a)(3) on its
21    own motion or that of a party only for good cause  shown  and
22    when the reasons for the additional appointment are set forth
23    in specific findings.
24        (b)  Fees  and  costs.  The court shall enter an order as
25    appropriate for costs, fees, and disbursements,  including  a
26    retainer,  when  the  attorney, guardian ad litem, or child's
27    representative is appointed,  and  thereafter  as  necessary.
28    Such  orders shall require payment by either or both parents,
29    by any other party or source, or from the marital  estate  or
30    the  child's separate estate. The court may not order payment
31    by the Illinois Department of Public Aid in  cases  in  which
32    the   Department   is  providing  child  and  spouse  support
33    enforcement services under Article X of the  Illinois  Public
34    Aid  Code.  Unless otherwise ordered by the court at the time
 
                            -52-           LRB9211345DJmbam01
 1    fees and costs are approved, all fees and costs payable to an
 2    attorney, guardian ad litem, or child's representative  under
 3    this Section are by implication deemed to be in the nature of
 4    support  of  the  child  and  are  within  the  exceptions to
 5    discharge  in  bankruptcy  under  11   U.S.C.A.   523.    The
 6    provisions of Sections 501 and 508 of this Act shall apply to
 7    fees and costs for attorneys appointed under this Section.
 8    (Source: P.A. 90-309, eff. 1-1-98; 91-410, eff. 1-1-00.)

 9        (750 ILCS 5/507.1)
10        Sec.  507.1.  Payment  of  Support  to State Disbursement
11    Unit.
12        (a)  As used in this Section:
13        "Order for support", "obligor",  "obligee",  and  "payor"
14    mean  those  terms  as  defined in the Income Withholding for
15    Support Act, except that "order for support" shall  not  mean
16    orders providing for spousal maintenance under which there is
17    no child support obligation.
18        (b)  Notwithstanding  any  other provision of this Act to
19    the contrary, each order for support entered or  modified  on
20    or  after October 1, 1999 shall require that support payments
21    be made to the  State  Disbursement  Unit  established  under
22    Section 10-26 of the Illinois Public Aid Code if:
23             (1)  a  party  to  the  order is receiving child and
24        spouse support enforcement services under  Article  X  of
25        the Illinois Public Aid Code; or
26             (2)  no  party  to  the order is receiving child and
27        spouse support  enforcement  services,  but  the  support
28        payments are made through income withholding.
29        (c)  Support   payments   shall  be  made  to  the  State
30    Disbursement Unit if:
31             (1)  the  order  for  support  was  entered   before
32        October  1,  1999,  and a party to the order is receiving
33        child  and  spouse  support  enforcement  services  under
 
                            -53-           LRB9211345DJmbam01
 1        Article X of the Illinois Public Aid Code; or
 2             (2)  no party to the order is  receiving  child  and
 3        spouse  support  enforcement  services,  and  the support
 4        payments are being made through income withholding.
 5        (c-5)  If no party to the order is  receiving  child  and
 6    spouse  support  enforcement  services under Article X of the
 7    Illinois Public Aid Code, and the support  payments  are  not
 8    made  through income withholding, then support payments shall
 9    be made as directed by the order for support.
10        (c-10)  At any time, and notwithstanding the existence of
11    an  order  directing  payments  to  be  made  elsewhere,  the
12    Department of Public Aid may provide notice  to  the  obligor
13    and, where applicable, to the obligor's payor:
14             (1)   to   make   support   payments  to  the  State
15        Disbursement Unit if:
16                  (A)  a  party  to  the  order  for  support  is
17             receiving child support enforcement  services  under
18             Article X of the Illinois Public Aid Code; or
19                  (B)  no  party  to  the  order  for  support is
20             receiving child support enforcement  services  under
21             Article  X  of the Illinois Public Aid Code, but the
22             support   payments   are   made    through    income
23             withholding; or
24             (2)   to   make   support   payments  to  the  State
25        Disbursement  Unit  of  another  state  upon  request  of
26        another state's  Title  IV-D  child  support  enforcement
27        agency,  in accordance with the requirements of Title IV,
28        Part  D  of  the  Social  Security  Act  and  regulations
29        promulgated under that Part D.
30        The Department of Public Aid shall provide a copy of  the
31    notice  to the obligee and to the clerk of the circuit court.
32    Within 15 days after the effective date  of  this  amendatory
33    Act  of  the  91st  General Assembly, the Illinois Department
34    shall provide written notice to  the  clerk  of  the  circuit
 
                            -54-           LRB9211345DJmbam01
 1    court,  the  obligor,  and,  where  applicable, the obligor's
 2    payor to make payments to the State Disbursement Unit if:
 3             (1)  the  order  for  support  was  entered   before
 4        October  1,  1999,  and a party to the order is receiving
 5        child and spouse support services under Article X of  the
 6        Illinois Public Aid Code; or
 7             (2)  no  party  to  the order is receiving child and
 8        spouse support services, and  the  support  payments  are
 9        being made through income withholding.
10        (c-15)  Within  15  days after the effective date of this
11    amendatory Act of the 91st General Assembly, the clerk of the
12    circuit court shall provide written notice to the obligor  to
13    make  payments  directly to the clerk of the circuit court if
14    no party to the order is receiving child and  spouse  support
15    enforcement  services  under Article X of the Illinois Public
16    Aid Code, the support payments are not  made  through  income
17    withholding,  and  the  order  for  support  requires support
18    payments to be made directly to  the  clerk  of  the  circuit
19    court.   The  clerk shall provide a copy of the notice to the
20    obligee.
21        (c-20)  If the State Disbursement Unit receives a support
22    payment that was not appropriately made  to  the  Unit  under
23    this  Section,  the Unit shall immediately return the payment
24    to the sender, including, if possible, instructions detailing
25    where to send the support payment.
26        (d)  The notices required under  subsections  (c-10)  and
27    (c-15)  may  be sent by ordinary mail, certified mail, return
28    receipt   requested,   facsimile   transmission,   or   other
29    electronic process, or may be  served  upon  the  obligor  or
30    payor  using  any  method  provided  by  law for service of a
31    summons.  The Illinois Department of Public Aid shall provide
32    a copy of the notice to the obligee and to the clerk  of  the
33    court.
34    (Source: P.A. 91-212, eff. 7-20-99; 91-677, eff. 1-5-00.)
 
                            -55-           LRB9211345DJmbam01
 1        (750 ILCS 5/510) (from Ch. 40, par. 510)
 2        Sec. 510.  Modification and termination of provisions for
 3    maintenance,  support,  educational  expenses,  and  property
 4    disposition.
 5        (a)  Except  as  otherwise  provided  in paragraph (f) of
 6    Section 502 and in subsection (b) (d), clause (3) of  Section
 7    505.2,  the provisions of any judgment respecting maintenance
 8    or support may be modified only as to  installments  accruing
 9    subsequent to due notice by the moving party of the filing of
10    the motion for modification and, with respect to maintenance,
11    only upon a showing of a substantial change in circumstances.
12    An order for child support may be modified as follows:
13             (1)  upon  a  showing  of  a  substantial  change in
14        circumstances; and
15             (2)  without the necessity of showing a  substantial
16        change in circumstances, as follows:
17                  (A)  upon  a  showing of an inconsistency of at
18             least 20%, but no less than $10 per  month,  between
19             the  amount  of the existing order and the amount of
20             child support that results from application  of  the
21             guidelines  specified  in  Section  505  of this Act
22             unless the inconsistency is due to the fact that the
23             amount  of  the  existing  order  resulted  from   a
24             deviation  from  the  guideline amount and there has
25             not been a change in the circumstances that resulted
26             in that deviation; or
27                  (B)  Upon a showing of a need  to  provide  for
28             the  health  care needs of the child under the order
29             through health insurance  or  other  means.   In  no
30             event  shall  the  eligibility  for  or  receipt  of
31             medical assistance be considered to meet the need to
32             provide for the child's health care needs.
33        The provisions of subparagraph (a)(2)(A) shall apply only
34    in  cases  in  which  a  party  is receiving child and spouse
 
                            -56-           LRB9211345DJmbam01
 1    support enforcement services from the Illinois Department  of
 2    Public  Aid  under Article X of the Illinois Public Aid Code,
 3    and only when at least 36 months have elapsed since the order
 4    for child support was entered or last modified.
 5        (b)  The provisions as to property disposition may not be
 6    revoked or modified, unless the court finds the existence  of
 7    conditions that justify the reopening of a judgment under the
 8    laws of this State.
 9        (c)  Unless  otherwise agreed by the parties in a written
10    agreement set forth in the judgment or otherwise approved  by
11    the  court,  the  obligation  to  pay  future  maintenance is
12    terminated upon the death of either party, or the  remarriage
13    of the party receiving maintenance, or if the party receiving
14    maintenance  cohabits  with  another  person  on  a resident,
15    continuing conjugal basis.
16        (d)  Unless otherwise  agreed  in  writing  or  expressly
17    provided in a judgment, provisions for the support of a child
18    are  terminated  by  emancipation  of  the  child,  except as
19    otherwise provided herein, but not by the death of  a  parent
20    obligated  to  support  or  educate  the  child.  An existing
21    obligation to pay for support  or  educational  expenses,  or
22    both,  is  not  terminated  by the death of a parent.  When a
23    parent obligated to pay support or educational  expenses,  or
24    both, dies, the amount of support or educational expenses, or
25    both,  may  be  enforced,  modified, revoked or commuted to a
26    lump  sum  payment,  as  equity   may   require,   and   that
27    determination  may  be  provided  for  at  the  time  of  the
28    dissolution of the marriage or thereafter.
29        (e)  The  right  to  petition  for support or educational
30    expenses,  or  both,  under  Sections  505  and  513  is  not
31    extinguished by the death of a parent. Upon a petition  filed
32    before or after a parent's death, the court may award sums of
33    money out of the decedent's estate for the child's support or
34    educational  expenses,  or  both, as equity may require.  The
 
                            -57-           LRB9211345DJmbam01
 1    time within which a claim may be filed against the estate  of
 2    a  decedent under Sections 505 and 513 and subsection (d) and
 3    this subsection shall be governed by the  provisions  of  the
 4    Probate Act of 1975, as a barrable, noncontingent claim.
 5        (f)  A  petition  to  modify  or terminate child support,
 6    custody, or visitation shall  not  delay  any  child  support
 7    enforcement  litigation or supplementary proceeding on behalf
 8    of the obligee, including, but not limited to, a petition for
 9    a rule to show cause, for  non-wage  garnishment,  or  for  a
10    restraining order.
11    (Source: P.A. 92-289, eff. 8-9-01; revised 12-07-01.)

12        (750 ILCS 5/516) (from Ch. 40, par. 516)
13        Sec.  516.   Public  Aid  collection  fee.   In all cases
14    instituted by the Illinois Department of Public Aid on behalf
15    of a child or spouse, other than one  receiving  a  grant  of
16    financial  aid  under  Article  IV of The Illinois Public Aid
17    Code, on whose  behalf  an  application  has  been  made  and
18    approved  for  child support enforcement services as provided
19    by Section 10-1 of  that  Code,  the  court  shall  impose  a
20    collection  fee  on the individual who owes a child or spouse
21    support obligation in an amount equal to 10% of the amount so
22    owed as long as such collection is required by  federal  law,
23    which  fee  shall  be  in addition to the support obligation.
24    The imposition of  such  fee  shall  be  in  accordance  with
25    provisions  of  Title  IV, Part D, of the Social Security Act
26    and regulations duly promulgated thereunder.  The  fee  shall
27    be  payable to the clerk of the circuit court for transmittal
28    to the Illinois Department of Public Aid and  shall  continue
29    until  child  support  enforcement services are terminated by
30    that Department.
31    (Source: P.A. 82-979.)

32        (750 ILCS 5/709) (from Ch. 40, par. 709)
 
                            -58-           LRB9211345DJmbam01
 1        Sec. 709.  Mandatory child support payments to clerk.
 2        (a)  As of January 1, 1982, child support orders  entered
 3    in  any  county  covered  by  this  subsection  shall be made
 4    pursuant to the provisions of Sections  709  through  712  of
 5    this  Act.   For  purposes of these Sections, the term "child
 6    support payment"  or  "payment"  shall  include  any  payment
 7    ordered to be made solely for the purpose of the support of a
 8    child  or children or any payment ordered for general support
 9    which includes  any  amount  for  support  of  any  child  or
10    children.
11        The  provisions  of  Sections  709  through  712 shall be
12    applicable to any county with a population of  2  million  or
13    more and to any other county which notifies the Supreme Court
14    of  its  desire  to  be included within the coverage of these
15    Sections and is certified pursuant to Supreme Court Rules.
16        The  effective  date  of  inclusion,  however,  shall  be
17    subject to approval of the application for  reimbursement  of
18    the  costs of the support program by the Department of Public
19    Aid as provided in Section 712.
20        (b)  In any proceeding for  a  dissolution  of  marriage,
21    legal  separation,  or declaration of invalidity of marriage,
22    or in any supplementary proceedings in which  a  judgment  or
23    modification  thereof  for  the  payment  of child support is
24    entered on or after January 1, 1982, in any county covered by
25    Sections 709 through 712, and the person entitled to  payment
26    is receiving a grant of financial aid under Article IV of the
27    Illinois  Public  Aid  Code  or has applied and qualified for
28    child support enforcement services under Section 10-1 of that
29    Code, the court shall direct:  (1) that such payments be made
30    to the clerk of the court and (2) that the  parties  affected
31    shall  each  thereafter  notify  the  clerk  of any change of
32    address or change in other conditions  that  may  affect  the
33    administration  of the order, including the fact that a party
34    who was previously not on public aid has become  a  recipient
 
                            -59-           LRB9211345DJmbam01
 1    of  public  aid,  within 10 days of such change.  All notices
 2    sent to the obligor's last known address  on  file  with  the
 3    clerk  shall be deemed sufficient to proceed with enforcement
 4    pursuant to the provisions of Sections 709 through 712.
 5        In all other cases, the court may direct that payments be
 6    made to the clerk of the court.
 7        (c)  Except  as  provided  in  subsection  (d)  of   this
 8    Section,  the clerk shall disburse the payments to the person
 9    or persons entitled thereto under the terms of the  order  or
10    judgment.
11        (d)  The court shall determine, prior to the entry of the
12    support  order, if the party who is to receive the support is
13    presently receiving public aid or has a  current  application
14    for  public  aid  pending  and shall enter the finding on the
15    record.
16        If the person entitled to payment is a recipient  of  aid
17    under  the  Illinois  Public  Aid Code, the clerk, upon being
18    informed  of  this  fact  by  finding  of   the   court,   by
19    notification  by  the  party  entitled  to  payment,  by  the
20    Illinois   Department   of   Public   Aid  or  by  the  local
21    governmental unit, shall  make  all  payments  to:   (1)  the
22    Illinois  Department  of  Public  Aid  if  the  person  is  a
23    recipient  under Article III, IV, or V of the Code or (2) the
24    local governmental unit responsible for his or her support if
25    the person is a recipient under Article  VI  or  VII  of  the
26    Code.  In  accordance  with  federal law and regulations, the
27    Illinois Department of Public Aid  may  continue  to  collect
28    current  maintenance  payments  or child support payments, or
29    both, after those persons cease to receive public  assistance
30    and  until  termination  of  services  under Article X of the
31    Illinois Public Aid Code.  The Illinois Department of  Public
32    Aid shall pay the net amount collected to those persons after
33    deducting  any costs incurred in making the collection or any
34    collection fee from the amount of  any  recovery  made.  Upon
 
                            -60-           LRB9211345DJmbam01
 1    termination  of  public  aid  payments to such a recipient or
 2    termination of services  under  Article  X  of  the  Illinois
 3    Public Aid Code, the Illinois Department of Public Aid or the
 4    appropriate local governmental unit shall notify the clerk in
 5    writing  or  by  electronic  transmission that all subsequent
 6    payments are to be  sent  directly  to  the  person  entitled
 7    thereto.
 8        Upon   notification   in   writing   or   by   electronic
 9    transmission  from  the  Illinois Department of Public Aid to
10    the clerk of the court that a person who is receiving support
11    payments under this Section is receiving services  under  the
12    Child  Support  Enforcement Program established by Title IV-D
13    of the Social Security Act, any support payments subsequently
14    received by the clerk of the court shall  be  transmitted  in
15    accordance  with  the instructions of the Illinois Department
16    of Public Aid until the Department gives notice to the  clerk
17    of  the  court  to cease the transmittal. After providing the
18    notification authorized under this  paragraph,  the  Illinois
19    Department  of  Public  Aid  shall  be entitled as a party to
20    notice of any further proceedings in the case.  The clerk  of
21    the  court  shall  file  a copy of the Illinois Department of
22    Public Aid's notification in the court file.  The failure  of
23    the  clerk  to  file  a copy of the notification in the court
24    file shall not, however, affect the  Illinois  Department  of
25    Public Aid's right to receive notice of further proceedings.
26        Payments under this Section to the Illinois Department of
27    Public  Aid pursuant to the Child Support Enforcement Program
28    established by Title IV-D of the Social Security Act shall be
29    paid into the Child  Support  Enforcement  Trust  Fund.   All
30    payments  under  this  Section  to the Illinois Department of
31    Human Services shall be deposited in the DHS Recoveries Trust
32    Fund.  Disbursements from these funds shall be as provided in
33    the Illinois Public Aid Code.  Payments received by  a  local
34    governmental  unit  shall be deposited in that unit's General
 
                            -61-           LRB9211345DJmbam01
 1    Assistance Fund.
 2        (e)  Any order or judgment may be amended by  the  court,
 3    upon  its  own  motion or upon the motion of either party, to
 4    conform with the provisions  of  Sections  709  through  712,
 5    either  as to the requirement of making payments to the clerk
 6    or, where payments are already being made to the clerk, as to
 7    the statutory fees provided for under Section 711.
 8        (f)  The clerk may invest in any interest bearing account
 9    or in any securities, monies collected for the benefit  of  a
10    payee,  where  such  payee  cannot  be  found;  however,  the
11    investment may be only for the period until the clerk is able
12    to  locate and present the payee with such monies.  The clerk
13    may invest  in  any  interest  bearing  account,  or  in  any
14    securities,  monies  collected  for  the benefit of any other
15    payee; however, this does not alter the clerk's obligation to
16    make payments to the payee in a timely manner.  Any  interest
17    or  capital  gains  accrued  shall  be for the benefit of the
18    county and shall be paid into the special fund established in
19    subsection (b) of Section 711.
20        (g)  The clerk shall establish  and  maintain  a  payment
21    record  of  all monies received and disbursed and such record
22    shall constitute prima facie evidence  of  such  payment  and
23    non-payment, as the case may be.
24        (h)  For those cases in which child support is payable to
25    the  clerk  of  the  circuit  court  for  transmittal  to the
26    Illinois Department of Public Aid by order of court  or  upon
27    notification  by  the  Illinois Department of Public Aid, the
28    clerk shall transmit all such payments, within 4 working days
29    of receipt, to insure that funds are available for  immediate
30    distribution  by  the  Department  to  the  person  or entity
31    entitled thereto in accordance with standards  of  the  Child
32    Support  Enforcement  Program established under Title IV-D of
33    the  Social  Security  Act.   The  clerk  shall  notify   the
34    Department  of  the date of receipt and amount thereof at the
 
                            -62-           LRB9211345DJmbam01
 1    time of transmittal.  Where the clerk  has  entered  into  an
 2    agreement  of  cooperation  with the Department to record the
 3    terms of child support orders and  payments  made  thereunder
 4    directly  into  the  Department's  automated  data processing
 5    system, the clerk shall account for, transmit  and  otherwise
 6    distribute  child  support  payments  in accordance with such
 7    agreement in lieu of the requirements contained herein.
 8        (i)  To the extent the provisions  of  this  Section  are
 9    inconsistent  with  the  requirements pertaining to the State
10    Disbursement Unit under Section 507.1 of this Act and Section
11    10-26 of the  Illinois  Public  Aid  Code,  the  requirements
12    pertaining to the State Disbursement Unit shall apply.
13    (Source: P.A.  91-24,  eff.  7-1-99;  91-212,  eff.  7-20-99;
14    92-16, eff. 6-28-01.)

15        (750 ILCS 5/710) (from Ch. 40, par. 710)
16        Sec. 710.  Enforcement; Penalties.
17        (a)   In   counties   certified  as  included  under  the
18    provisions of Sections 709 through 712 and whose  application
19    for  reimbursement  is  approved, there shall be instituted a
20    child support enforcement program  to  be  conducted  by  the
21    clerk  of  the  circuit court and the state's attorney of the
22    county. The program is to be limited to enforcement of  child
23    support orders entered pursuant to this Act.
24        The  child support enforcement program is to be conducted
25    only on behalf of dependent children included in a  grant  of
26    financial  aid  under  Article  IV of The Illinois Public Aid
27    Code and parties who apply  and  qualify  for  child  support
28    enforcement services pursuant to Section 10-1 of such Code.
29        Nothing  in  this  Section shall be construed to prohibit
30    the establishment of a child support enforcement  program  by
31    the  clerk  of  the  circuit  court  in  cooperation with the
32    State's Attorney of the county.
33        (b)  In  the  event  of  a  delinquency  in  payment,  as
 
                            -63-           LRB9211345DJmbam01
 1    determined from the record  maintained  by  the  clerk  in  a
 2    county covered by the child support enforcement program, such
 3    clerk  shall  notify  both  the  party  obligated to make the
 4    payment, hereinafter called the payor, and the  recipient  of
 5    such   payment,   hereinafter   called  the  payee,  of  such
 6    delinquency and that if the amount then due and owing is  not
 7    remitted  in the time period required by circuit court rules,
 8    the matter will be  referred  to  the  state's  attorney  for
 9    enforcement  proceedings.  Upon failure of the payor to remit
10    as required, the clerk shall refer the matter to the  state's
11    attorney, except as provided by rule of the circuit court.
12        (c)  Upon  referral  from the clerk, the state's attorney
13    shall promptly initiate enforcement proceedings  against  the
14    payor.  Legal representation by the state's attorney shall be
15    limited  to child support and shall not extend to visitation,
16    custody, property or other matters;  however,  if  the  payor
17    properly  files  pleadings  raising  such  matters during the
18    course of the child support hearing and the court finds  that
19    it  has  jurisdiction  of  such  matters,  the payee shall be
20    granted the opportunity to obtain a continuance in  order  to
21    secure  representation for those other matters, and the court
22    shall not delay entry of an appropriate support order pending
23    the disposition of such other matters.
24        If the state's attorney  does  not  commence  enforcement
25    proceedings  within 30 days, the clerk shall inform the court
26    which,  upon  its  own  motion,  shall  appoint  counsel  for
27    purposes of enforcement.   The  fees  and  expenses  of  such
28    counsel  shall  be paid by the payor and shall not be paid by
29    the State.
30        Nothing in this Section shall be construed to  prevent  a
31    payee from instituting independent enforcement proceedings or
32    limit  the  remedies  available to payee in such proceedings.
33    However, absent  the  exercise  under  this  provision  of  a
34    private   right  of  enforcement,  enforcement  shall  be  as
 
                            -64-           LRB9211345DJmbam01
 1    otherwise provided in this Section.
 2        (d)  At the time any support order is entered, the  payee
 3    shall  be  informed of the procedure used for enforcement and
 4    shall be given the address and telephone number both  of  the
 5    clerk and of the Child and Spouse Support Unit as provided in
 6    Section 712.
 7        The  payee  shall be informed that, if no action is taken
 8    within 2 months of any complaint  to  the  clerk,  payee  may
 9    contact the Unit to seek assistance in obtaining enforcement.
10        (e)  Upon  a  finding  that  payor is in default and that
11    such non-payment is for a period of two months and that  such
12    non-payment  is without good cause, the court shall order the
13    payor to pay a sum equal to 2% of the arrearage as a  penalty
14    along with his payment.
15        The  court  may further assess against the payor any fees
16    and expenses incurred in the enforcement of any order or  the
17    reasonable value thereof and may impose any penalty otherwise
18    available to it in a case of contempt.
19        All  penalties,  fees  and  expenses assessed against the
20    payor pursuant to this subsection are to cover  the  expenses
21    of  enforcement,  are  to  be paid to the clerk and are to be
22    placed by him in the special fund  provided  for  in  Section
23    711.
24        (f)  Any   person   not  covered  by  the  child  support
25    enforcement program may  institute  private  and  independent
26    proceedings to enforce payment of support.
27    (Source: P.A. 88-284.)

28        Section 15.  The Non-Support Punishment Act is amended by
29    changing Sections 7, 20, 25, 35, and 60 as follows:

30        (750 ILCS 16/7)
31        Sec.  7.   Prosecutions by Attorney General.  In addition
32    to enforcement proceedings by the several State's  Attorneys,
 
                            -65-           LRB9211345DJmbam01
 1    a   proceeding  for  the  enforcement  of  this  Act  may  be
 2    instituted and prosecuted by the Attorney General   in  cases
 3    referred  by  the Illinois Department of Public Aid involving
 4    persons  receiving  child  and  spouse  support   enforcement
 5    services  under  Article  X  of the Illinois Public Aid Code.
 6    Before  referring  a  case  to  the  Attorney   General   for
 7    enforcement  under  this  Act,  the  Department of Public Aid
 8    shall notify the person receiving child  and  spouse  support
 9    enforcement  services  under Article X of the Illinois Public
10    Aid Code of the Department's intent to refer the case to  the
11    Attorney General under this Section for prosecution.
12    (Source: P.A. 91-613, eff. 10-1-99.)

13        (750 ILCS 16/20)
14        Sec. 20.  Entry of order for support; income withholding.
15        (a)  In  a case in which no court or administrative order
16    for support is in effect against the defendant:
17             (1)  at any time before the trial,  upon  motion  of
18        the  State's  Attorney, or of the Attorney General if the
19        action has been instituted by his office, and upon notice
20        to the defendant, or at the time of arraignment or  as  a
21        condition  of  postponement of arraignment, the court may
22        enter such temporary order for support as may seem  just,
23        providing for the support or maintenance of the spouse or
24        child  or  children  of  the defendant, or both, pendente
25        lite; or
26             (2)  before trial with the consent of the defendant,
27        or at the trial on entry of a plea of  guilty,  or  after
28        conviction,  instead  of imposing the penalty provided in
29        this Act, or in addition thereto, the court may enter  an
30        order  for  support, subject to modification by the court
31        from time to time as circumstances may require, directing
32        the defendant to pay a certain sum for maintenance of the
33        spouse, or for support of the child or children, or both.
 
                            -66-           LRB9211345DJmbam01
 1        (b)  The  court  shall  determine  the  amount  of  child
 2    support by using the guidelines and standards  set  forth  in
 3    subsection  (a)  of  Section  505 and in Section 505.2 of the
 4    Illinois Marriage and Dissolution of Marriage Act.
 5        If (i) the non-custodial parent was properly served  with
 6    a  request for discovery of financial information relating to
 7    the non-custodial parent's ability to provide child  support,
 8    (ii)  the  non-custodial  parent  failed  to  comply with the
 9    request, despite having been ordered to do so by  the  court,
10    and  (iii)  the  non-custodial  parent  is not present at the
11    hearing to determine support despite having  received  proper
12    notice,  then  any  relevant financial information concerning
13    the non-custodial parent's ability to  provide  support  that
14    was  obtained pursuant to subpoena and proper notice shall be
15    admitted into evidence without  the  need  to  establish  any
16    further foundation for its admission.
17        (c)  The  court shall determine the amount of maintenance
18    using the standards set forth in  Section 504 of the Illinois
19    Marriage and Dissolution of Marriage Act.
20        (d)  The court may, for violation of any order under this
21    Section, punish the offender as for a contempt of court,  but
22    no  pendente  lite order shall remain in effect longer than 4
23    months, or  after  the  discharge  of  any  panel  of  jurors
24    summoned  for  service thereafter in such court, whichever is
25    sooner.
26        (e)  Any order for support entered  by  the  court  under
27    this  Section  shall  be  deemed  to be a series of judgments
28    against  the  person  obligated  to  pay  support  under  the
29    judgments, each such judgment to be in  the  amount  of  each
30    payment  or  installment  of  support and each judgment to be
31    deemed entered as of the date the  corresponding  payment  or
32    installment becomes due under the terms of the support order.
33    Each   judgment  shall  have  the  full  force,  effect,  and
34    attributes of any other judgment of this State, including the
 
                            -67-           LRB9211345DJmbam01
 1    ability  to  be  enforced.   Each  judgment  is  subject   to
 2    modification  or  termination only in accordance with Section
 3    510 of the Illinois Marriage and Dissolution of Marriage Act.
 4    A lien arises by  operation  of  law  against  the  real  and
 5    personal   property  of  the  noncustodial  parent  for  each
 6    installment of  overdue  support  owed  by  the  noncustodial
 7    parent.
 8        (f)  An  order  for  support  entered  under this Section
 9    shall include a provision requiring the obligor to report  to
10    the obligee and to the clerk of the court within 10 days each
11    time  the  obligor  obtains new employment, and each time the
12    obligor's employment  is  terminated  for  any  reason.   The
13    report  shall  be  in  writing  and shall, in the case of new
14    employment, include the name and address of the new employer.
15        Failure to report new employment or  the  termination  of
16    current employment, if coupled with nonpayment of support for
17    a period in excess of 60 days, is indirect criminal contempt.
18    For   any   obligor   arrested  for  failure  to  report  new
19    employment, bond shall be set in  the  amount  of  the  child
20    support  that  should  have  been  paid  during the period of
21    unreported employment.
22        An order for support entered  under  this  Section  shall
23    also  include  a  provision requiring the obligor and obligee
24    parents to advise each other of a change in residence  within
25    5  days  of  the  change except when the court finds that the
26    physical, mental, or emotional health of  a  party  or  of  a
27    minor  child,  or  both,  would  be  seriously  endangered by
28    disclosure of the party's address.
29        (g)  An order for support entered or modified in  a  case
30    in  which  a  party  is  receiving  child  and spouse support
31    enforcement services under Article X of the  Illinois  Public
32    Aid Code shall include a provision requiring the noncustodial
33    parent  to  notify  the  Illinois  Department  of Public Aid,
34    within 7 days, of the name and address of any new employer of
 
                            -68-           LRB9211345DJmbam01
 1    the noncustodial parent, whether the noncustodial parent  has
 2    access  to  health insurance coverage through the employer or
 3    other group coverage and, if so, the policy name  and  number
 4    and the names of persons covered under the policy.
 5        (h)  In  any  subsequent  action  to enforce an order for
 6    support entered under this Act, upon sufficient showing  that
 7    diligent  effort  has  been made to ascertain the location of
 8    the noncustodial parent, service of process or  provision  of
 9    notice necessary in that action may be made at the last known
10    address  of  the noncustodial parent, in any manner expressly
11    provided by the Code of Civil Procedure or in this Act, which
12    service shall be sufficient for purposes of due process.
13        (i)  An order for support shall include a date  on  which
14    the  current  support obligation terminates.  The termination
15    date shall be no earlier than the date  on  which  the  child
16    covered  by  the  order will attain the age of majority or is
17    otherwise emancipated. The order for support shall state that
18    the termination date does not apply to any arrearage that may
19    remain unpaid on that date.  Nothing in this subsection shall
20    be construed to prevent the court from modifying the order.
21        (j)  A support obligation, or any portion  of  a  support
22    obligation,  which becomes due and remains unpaid for 30 days
23    or more shall accrue simple interest at the rate  of  9%  per
24    annum.  An  order for support entered or modified on or after
25    January 1, 2002 shall contain  a  statement  that  a  support
26    obligation  required  under  the  order,  or any portion of a
27    support obligation required under the order, that becomes due
28    and remains unpaid for 30 days or more  shall  accrue  simple
29    interest at the rate of 9% per annum.  Failure to include the
30    statement  in  the  order  for  support  does  not affect the
31    validity of the order or the accrual of interest as  provided
32    in this Section.
33    (Source:  P.A.  91-613,  eff.  10-1-99;  91-767, eff. 6-9-00;
34    92-374, eff. 8-15-01.)
 
                            -69-           LRB9211345DJmbam01
 1        (750 ILCS 16/25)
 2        Sec. 25.  Payment of support to State Disbursement  Unit;
 3    clerk of the court.
 4        (a)  As  used  in  this  Section,  "order  for  support",
 5    "obligor", "obligee", and "payor" mean those terms as defined
 6    in the Income Withholding for Support Act.
 7        (b)  Each  order  for  support  entered or modified under
 8    Section 20 of this Act shall require that support payments be
 9    made to the State Disbursement  Unit  established  under  the
10    Illinois Public Aid Code, under the following circumstances:
11             (1) when a party to the order is receiving child and
12        spouse  support  enforcement  services under Article X of
13        the Illinois Public Aid Code; or
14             (2) when no party to the order  is  receiving  child
15        and  spouse support enforcement services, but the support
16        payments are made through income withholding.
17        (c) When no party to the order  is  receiving  child  and
18    spouse  support  enforcement  services,  and payments are not
19    being made through income withholding, the court shall  order
20    the  obligor  to  make  support  payments to the clerk of the
21    court.
22        (d)  At any time, and notwithstanding the existence of an
23    order directing payments to be made elsewhere, the Department
24    of Public Aid may provide notice to the  obligor  and,  where
25    applicable, to the obligor's payor:
26             (1)   to   make   support   payments  to  the  State
27        Disbursement Unit if:
28                  (A)  a  party  to  the  order  for  support  is
29             receiving child support enforcement  services  under
30             Article X of the Illinois Public Aid Code; or
31                  (B)  no  party  to  the  order  for  support is
32             receiving child support enforcement  services  under
33             Article  X  of the Illinois Public Aid Code, but the
34             support   payments   are   made    through    income
 
                            -70-           LRB9211345DJmbam01
 1             withholding; or
 2             (2)   to   make   support   payments  to  the  State
 3        Disbursement  Unit  of  another  state  upon  request  of
 4        another state's  Title  IV-D  child  support  enforcement
 5        agency,  in accordance with the requirements of Title IV,
 6        Part  D  of  the  Social  Security  Act  and  regulations
 7        promulgated under that Part D.
 8        The Department of Public Aid shall provide a copy of  the
 9    notice  to the obligee and to the clerk of the circuit court.
10    In the case of an order for  support  entered  by  the  court
11    under  this Act before a party commenced receipt of child and
12    spouse support services, upon receipt of these services by  a
13    party  the  Illinois  Department  of Public Aid shall provide
14    notice to the obligor to send any support payments he or  she
15    makes personally to the State Disbursement Unit until further
16    direction  of the Department.  The Department shall provide a
17    copy of the notice to the obligee and to  the  clerk  of  the
18    court.
19        (e)  If a State Disbursement Unit as specified by federal
20    law has not been created in Illinois upon the effective  date
21    of this Act, then, until the creation of a State Disbursement
22    Unit  as  specified  by federal law, the following provisions
23    regarding payment and disbursement of support payments  shall
24    control  and the provisions in subsections (a), (b), (c), and
25    (d) shall be inoperative.   Upon  the  creation  of  a  State
26    Disbursement   Unit   as   specified  by  federal  law,  this
27    subsection (e) shall  be  inoperative  and  the  payment  and
28    disbursement provisions of subsections (a), (b), (c), and (d)
29    shall  control,  and this subsection (e) shall be inoperative
30    to the extent that it conflicts with those subsections.
31             (1) In cases  in  which  an  order  for  support  is
32        entered  under  Section  20  of this Act, the court shall
33        order that maintenance and support payments  be  made  to
34        the  clerk  of  the court for remittance to the person or
 
                            -71-           LRB9211345DJmbam01
 1        agency entitled to receive the  payments.   However,  the
 2        court  in  its  discretion  may  direct  otherwise  where
 3        exceptional circumstances so warrant.
 4             (2)  The court shall direct that support payments be
 5        sent by the clerk  to  (i)  the  Illinois  Department  of
 6        Public  Aid  if  the  person in whose behalf payments are
 7        made is receiving aid under Articles III, IV, or V of the
 8        Illinois Public Aid Code, or  child  and  spouse  support
 9        enforcement services under Article X of the Code, or (ii)
10        to  the  local  governmental  unit  responsible  for  the
11        support  of  the person if he or she is a recipient under
12        Article VI of the Code.  In accordance with  federal  law
13        and  regulations,  the  Illinois Department of Public Aid
14        may continue to collect current maintenance  payments  or
15        child  support  payments,  or  both,  after those persons
16        cease to receive public assistance and until  termination
17        of  services  under  Article X of the Illinois Public Aid
18        Code.  The Illinois Department shall pay the  net  amount
19        collected  to  those  persons  after  deducting any costs
20        incurred in making the collection or any  collection  fee
21        from  the  amount  of any recovery made.  The order shall
22        permit the Illinois Department of Public Aid or the local
23        governmental unit, as the case may  be,  to  direct  that
24        support   payments   be  made  directly  to  the  spouse,
25        children, or both, or to some person or agency  in  their
26        behalf,  upon  removal of the spouse or children from the
27        public aid rolls or upon termination  of  services  under
28        Article  X of the Illinois Public Aid Code; and upon such
29        direction,  the  Illinois   Department   or   the   local
30        governmental  unit,  as  the  case  requires,  shall give
31        notice of such action to  the  court  in  writing  or  by
32        electronic transmission.
33             (3)  The  clerk  of  the  court  shall establish and
34        maintain current  records  of  all  moneys  received  and
 
                            -72-           LRB9211345DJmbam01
 1        disbursed  and  of delinquencies and defaults in required
 2        payments.  The  court,  by  order  or  rule,  shall  make
 3        provision for the carrying out of these duties.
 4             (4)  Upon  notification  in writing or by electronic
 5        transmission from the Illinois Department of  Public  Aid
 6        to  the clerk of the court that a person who is receiving
 7        support payments under this Section is receiving services
 8        under the Child Support Enforcement  Program  established
 9        by  Title  IV-D  of  the Social Security Act, any support
10        payments subsequently received by the clerk of the  court
11        shall  be transmitted in accordance with the instructions
12        of the  Illinois  Department  of  Public  Aid  until  the
13        Department  gives notice to cease the transmittal.  After
14        providing  the   notification   authorized   under   this
15        paragraph, the Illinois Department of Public Aid shall be
16        a party and entitled to notice of any further proceedings
17        in the case.  The clerk of the court shall file a copy of
18        the  Illinois  Department of Public Aid's notification in
19        the court file.  The failure of the clerk to file a  copy
20        of the notification in the court file shall not, however,
21        affect  the Illinois Department of Public Aid's rights as
22        a party  or  its  right  to  receive  notice  of  further
23        proceedings.
24             (5)  Payments  under  this  Section  to the Illinois
25        Department of Public Aid pursuant to  the  Child  Support
26        Enforcement  Program  established  by  Title  IV-D of the
27        Social Security Act shall be paid into the Child  Support
28        Enforcement  Trust  Fund.   All other payments under this
29        Section to the Illinois Department of Public Aid shall be
30        deposited in the Public Assistance Recoveries Trust Fund.
31        Disbursements from these funds shall be  as  provided  in
32        the  Illinois  Public  Aid  Code.  Payments received by a
33        local governmental unit shall be deposited in that unit's
34        General Assistance Fund.
 
                            -73-           LRB9211345DJmbam01
 1             (6) For  those  cases  in  which  child  support  is
 2        payable to the clerk of the circuit court for transmittal
 3        to  the  Illinois  Department  of  Public Aid by order of
 4        court or upon notification by the Illinois Department  of
 5        Public  Aid,  the clerk shall transmit all such payments,
 6        within 4 working days of receipt, to  insure  that  funds
 7        are   available   for   immediate   distribution  by  the
 8        Department to the person or entity  entitled  thereto  in
 9        accordance   with   standards   of   the   Child  Support
10        Enforcement Program established under Title IV-D  of  the
11        Social   Security   Act.   The  clerk  shall  notify  the
12        Department of the date of receipt and amount  thereof  at
13        the  time  of  transmittal.   Where the clerk has entered
14        into an agreement of cooperation with the  Department  to
15        record  the  terms  of  child support orders and payments
16        made thereunder directly into the Department's  automated
17        data  processing  system,  the  clerk  shall account for,
18        transmit and otherwise distribute child support  payments
19        in   accordance  with  such  agreement  in  lieu  of  the
20        requirements contained herein.
21    (Source: P.A. 91-613, eff. 10-1-99.)

22        (750 ILCS 16/35)
23        Sec.  35.  Fine;  release  of  defendant  on   probation;
24    violation of order for support; forfeiture of recognizance.
25        (a)  Whenever a fine is imposed it may be directed by the
26    court to be paid,  in  whole  or  in  part,  to  the  spouse,
27    ex-spouse,  or  if  the  support  of  a  child or children is
28    involved, to the custodial parent, to  the  clerk,  probation
29    officer,  or  to  the  Illinois Department of Public Aid if a
30    recipient of child and spouse  support  enforcement  services
31    under  Article  X of the Illinois Public Aid Code is involved
32    as the case requires, to be disbursed  by  such  officers  or
33    agency under the terms of the order.
 
                            -74-           LRB9211345DJmbam01
 1        (b) The court may also relieve the defendant from custody
 2    on  probation  for  the period fixed in the order or judgment
 3    upon his or her entering into a recognizance, with or without
 4    surety, in the sum as the court  orders  and  approves.   The
 5    condition  of  the  recognizance  shall  be  such that if the
 6    defendant makes his  or  her  personal  appearance  in  court
 7    whenever ordered to do so by the court, during such period as
 8    may  be  so fixed, and further complies with the terms of the
 9    order for support, or  any  subsequent  modification  of  the
10    order, then the recognizance shall be void; otherwise it will
11    remain in full force and effect.
12        (c) If the court is satisfied by testimony in open court,
13    that  at any time during the period of one year the defendant
14    has violated the terms of  the  order  for  support,  it  may
15    proceed  with  the  trial of the defendant under the original
16    charge, or sentence him or her under the original conviction,
17    or enforce the suspended sentence, as the case  may  be.   In
18    case  of  forfeiture  of  recognizance,  and  enforcement  of
19    recognizance  by  execution, the sum so recovered may, in the
20    discretion of the court, be paid, in whole or in part, to the
21    spouse, ex-spouse, or if the support of a child  or  children
22    is involved, to the custodial parent, to the clerk, or to the
23    Illinois Department of Public Aid if a recipient of child and
24    spouse  support  enforcement  services under Article X of the
25    Illinois Public Aid Code is involved as the case requires, to
26    be disbursed by the clerk or the Department under  the  terms
27    of the order.
28    (Source: P.A. 91-613, eff. 10-1-99.)

29        (750 ILCS 16/60)
30        Sec. 60.  Unemployed persons owing duty of support.
31        (a)  Whenever   it  is  determined  in  a  proceeding  to
32    establish  or  enforce  a  child   support   or   maintenance
33    obligation  that  the  person  owing  a  duty  of  support is
 
                            -75-           LRB9211345DJmbam01
 1    unemployed, the court may order the person to seek employment
 2    and report periodically to the court with a diary, listing or
 3    other memorandum of his or her  efforts  in  accordance  with
 4    such order.  Additionally, the court may order the unemployed
 5    person to report to the Department of Employment Security for
 6    job search services or to make application with the local Job
 7    Training  Partnership  Act  provider for participation in job
 8    search, training, or work programs  and  where  the  duty  of
 9    support   is   owed   to  a  child  receiving  child  support
10    enforcement services under Article X of the  Illinois  Public
11    Aid  Code the court may order the unemployed person to report
12    to the Illinois Department of Public Aid for participation in
13    job search, training,  or  work  programs  established  under
14    Section 9-6 and Article IXA of that Code.
15        (b)  Whenever  it  is  determined that a person owes past
16    due support for a child or for a child and  the  parent  with
17    whom  the  child  is  living,  and  the  child  is  receiving
18    assistance  under  the  Illinois  Public  Aid Code, the court
19    shall order at the request  of  the  Illinois  Department  of
20    Public Aid:
21             (1)  that  the  person  pay  the past-due support in
22        accordance with a plan approved by the court; or
23             (2)  if  the  person  owing  past-due   support   is
24        unemployed,  is  subject  to  such  a  plan,  and  is not
25        incapacitated, that the person participate  in  such  job
26        search,  training,  or  work  programs  established under
27        Section 9-6 and Article IXA of the  Illinois  Public  Aid
28        Code as the court deems appropriate.
29    (Source: P.A. 91-613, eff. 10-1-99; 92-16, eff. 6-28-01.)

30        Section 20.  The Uniform Interstate Family Support Act is
31    amended by changing Section 320 as follows:

32        (750 ILCS 22/320)
 
                            -76-           LRB9211345DJmbam01
 1        Sec. 320. Payment of Support to State Disbursement Unit.
 2        (a)  As used in this Section:
 3        "Order  for  support",  "obligor", "obligee", and "payor"
 4    mean those terms as defined in  the  Income  Withholding  for
 5    Support  Act,  except that "order for support" means an order
 6    entered by any tribunal of this  State  but  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 child and
15        spouse support enforcement services under  Article  X  of
16        the Illinois Public Aid Code; or
17             (2)  no  party  to  the order is receiving child and
18        spouse support  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        child  and  spouse  support  enforcement  services  under
25        Article X of the Illinois Public Aid Code; or
26             (2)  no party to the order is  receiving  child  and
27        spouse  support  enforcement  services,  and  the support
28        payments are being made through income withholding.
29        (c-5)  If no party to the order is  receiving  child  and
30    spouse  support  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
 
                            -77-           LRB9211345DJmbam01
 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.
22    Within 15 days after the effective date  of  this  amendatory
23    Act  of  the  91st  General Assembly, the Illinois Department
24    shall provide written notice to  the  clerk  of  the  circuit
25    court,  the  obligor,  and,  where  applicable, the obligor's
26    payor to make payments to the State Disbursement Unit if:
27             (1)  the  order  for  support  was  entered   before
28        October  1,  1999,  and a party to the order is receiving
29        child and spouse support services under Article X of  the
30        Illinois Public Aid Code; or
31             (2)  no  party  to  the order is receiving child and
32        spouse support services, and  the  support  payments  are
33        being made through income withholding.
34        (c-15)  Within  15  days after the effective date of this
 
                            -78-           LRB9211345DJmbam01
 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 child and  spouse  support
 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 payments.
16        (d)  The notices required under  subsections  (c-10)  and
17    (c-15)  may  be sent by ordinary mail, certified mail, return
18    receipt   requested,   facsimile   transmission,   or   other
19    electronic process, or may be  served  upon  the  obligor  or
20    payor  using  any  method  provided  by  law for service of a
21    summons.  The Illinois Department of Public Aid shall provide
22    a copy of the notice to the obligee and to the clerk  of  the
23    court.
24    (Source: P.A. 91-677, eff. 1-5-00.)

25        Section  22.   The Expedited Child Support Act of 1990 is
26    amended by changing Section 6 as follows:

27        (750 ILCS 25/6) (from Ch. 40, par. 2706)
28        Sec. 6.  Authority of hearing officers.
29        (a)  With the exception of judicial functions exclusively
30    retained by the court  in  Section  8  of  this  Act  and  in
31    accordance  with  Supreme Court rules promulgated pursuant to
32    this Act, Administrative Hearing Officers shall be authorized
 
                            -79-           LRB9211345DJmbam01
 1    to:
 2             (1)  Accept  voluntary  agreements  reached  by  the
 3        parties setting the amount of child support  to  be  paid
 4        and  medical support liability and recommend the entry of
 5        orders incorporating such agreements.
 6             (2)  Accept voluntary acknowledgments  of  parentage
 7        and  recommend  entry  of an order establishing parentage
 8        based on such acknowledgement.  Prior to  accepting  such
 9        acknowledgment,  the Administrative Hearing Officer shall
10        advise the putative father of his rights and  obligations
11        in   accordance  with  Supreme  Court  rules  promulgated
12        pursuant to this Act.
13             (3)  Manage  all  stages  of  discovery,   including
14        setting  deadlines  by which discovery must be completed;
15        and directing the parties to submit to appropriate  tests
16        pursuant  to  Section 11 of the Illinois Parentage Act of
17        1984.
18             (4)  Cause  notices  to  be  issued  requiring   the
19        Obligor   to  appear  either  before  the  Administrative
20        Hearing Officer or in court.
21             (5)  Administer the oath  or  affirmation  and  take
22        testimony under oath or affirmation.
23             (6)  Analyze   the   evidence  and  prepare  written
24        recommendations based on such evidence, including but not
25        limited to: (i) proposed findings as to the amount of the
26        Obligor's income; (ii) proposed findings as to the amount
27        and nature of appropriate deductions from  the  Obligor's
28        income  to  determine  the  Obligor's  net  income; (iii)
29        proposed findings as to the existence of relevant factors
30        as set forth in subsection (a)(2) of Section 505  of  the
31        Illinois  Marriage and Dissolution of Marriage Act, which
32        justify setting child support  payment  levels  above  or
33        below   the   guidelines;  (iv)  recommended  orders  for
34        temporary child support; (v) recommended  orders  setting
 
                            -80-           LRB9211345DJmbam01
 1        the  amount  of  current  child  support to be paid; (vi)
 2        proposed findings as to the existence and amount  of  any
 3        arrearages;   (vii)   recommended   orders  reducing  any
 4        arrearages to judgement and for the  payment  of  amounts
 5        towards  such  arrearages; (viii) proposed findings as to
 6        whether  there  has  been   a   substantial   change   of
 7        circumstances  since  the entry of the last child support
 8        order, or other circumstances justifying  a  modification
 9        of the child support order; and (ix) proposed findings as
10        to whether the Obligor is employed.
11             (7)  With  respect  to any unemployed Obligor who is
12        not making child support payments or is otherwise  unable
13        to provide support, recommend that the Obligor be ordered
14        to  seek employment and report periodically of his or her
15        efforts in accordance with such order. Additionally,  the
16        Administrative  Hearing  Officer  may  recommend that the
17        Obligor  be  ordered  to  report  to  the  Department  of
18        Employment Security for job search services  or  to  make
19        application  with  the local Job Training Partnership Act
20        provider for participation in  job  search,  training  or
21        work programs and, where the duty of support is owed to a
22        child  receiving child support enforcement services under
23        Article  X  of  the  Illinois  Public   Aid   Code,   the
24        Administrative  Hearing  Officer  may  recommend that the
25        Obligor be ordered to report to the  Illinois  Department
26        of  Public  Aid  for  participation  in  the  job search,
27        training or work programs established under  Section  9-6
28        of the Public Aid Code.
29             (8)  Recommend   the  registration  of  any  foreign
30        support judgments or orders as the judgments or orders of
31        Illinois.
32        (b)  In  any  case  in   which   the   Obligee   is   not
33    participating  in  the  IV-D  program  or  has not applied to
34    participate in the IV-D program, the  Administrative  Hearing
 
                            -81-           LRB9211345DJmbam01
 1    Officer shall:
 2             (1)  inform the Obligee of the existence of the IV-D
 3        program and provide applications on request; and
 4             (2)  inform  the  Obligee  and  the  Obligor  of the
 5        option of requesting payment to be made through the Clerk
 6        of the Circuit Court.
 7        If a request for payment through the Clerk is  made,  the
 8    Administrative  Hearing  Officer  shall note this fact in the
 9    recommendations to the court.
10        (c)  The  Administrative   Hearing   Officer   may   make
11    recommendations  in addition to the proposed findings of fact
12    and recommended order to which the parties have agreed.
13    (Source: P.A. 92-16, eff. 6-28-01.)

14        Section 25.  The Income Withholding for  Support  Act  is
15    amended  by changing Sections 15 and 35 and adding Section 22
16    as follows:

17        (750 ILCS 28/15)
18        Sec. 15.  Definitions.
19        (a)  "Order for support" means any  order  of  the  court
20    which  provides for periodic payment of funds for the support
21    of a child or maintenance of a spouse, whether  temporary  or
22    final, and includes any such order which provides for:
23             (1)  modification  or  resumption  of, or payment of
24        arrearage accrued under, a previously existing order;
25             (2)  reimbursement of support;
26             (3)  payment or reimbursement  of  the  expenses  of
27        pregnancy  and  delivery  (for orders for support entered
28        under  the  Illinois  Parentage  Act  of  1984   or   its
29        predecessor the Paternity Act); or
30             (4)  enrollment  in  a health insurance plan that is
31        available to the obligor through  an  employer  or  labor
32        union or trade union.
 
                            -82-           LRB9211345DJmbam01
 1        (b)  "Arrearage" means the total amount of unpaid support
 2    obligations  as determined by the court and incorporated into
 3    an order for support.
 4        (b-5)  "Business day" means a day on which State  offices
 5    are open for regular business.
 6        (c)  "Delinquency"  means  any payment under an order for
 7    support which becomes due and remains unpaid after  entry  of
 8    the order for support.
 9        (d)  "Income"  means  any  form of periodic payment to an
10    individual, regardless of source, including, but not  limited
11    to: wages, salary, commission, compensation as an independent
12    contractor,   workers'   compensation,  disability,  annuity,
13    pension,  and  retirement  benefits,  lottery  prize  awards,
14    insurance proceeds,  vacation  pay,  bonuses,  profit-sharing
15    payments,  interest,  and  any  other  payments,  made by any
16    person, private entity, federal or state government, any unit
17    of local government, school district or any entity created by
18    Public Act; however, "income" excludes:
19             (1)  any amounts required by  law  to  be  withheld,
20        other  than  creditor  claims, including, but not limited
21        to, federal, State and local taxes, Social  Security  and
22        other retirement and disability contributions;
23             (2)  union dues;
24             (3)  any  amounts  exempted  by the federal Consumer
25        Credit Protection Act;
26             (4)  public assistance payments; and
27             (5)  unemployment  insurance  benefits   except   as
28        provided by law.
29        Any  other  State  or  local  laws  which limit or exempt
30    income or the amount or percentage  of  income  that  can  be
31    withheld shall not apply.
32        (e)  "Obligor"  means  the  individual who owes a duty to
33    make payments under an order for support.
34        (f)  "Obligee" means the individual to  whom  a  duty  of
 
                            -83-           LRB9211345DJmbam01
 1    support is owed or the individual's legal representative.
 2        (g)  "Payor" means any payor of income to an obligor.
 3        (h)  "Public  office"  means  any elected official or any
 4    State or local agency which is or may become  responsible  by
 5    law  for enforcement of, or which is or may become authorized
 6    to enforce, an order for support, including, but not  limited
 7    to:  the  Attorney General, the Illinois Department of Public
 8    Aid, the Illinois Department of Human Services, the  Illinois
 9    Department  of  Children and Family Services, and the various
10    State's  Attorneys,  Clerks  of   the   Circuit   Court   and
11    supervisors of general assistance.
12        (i)  "Premium"  means  the  dollar  amount  for which the
13    obligor is liable to his employer or  labor  union  or  trade
14    union and which must be paid to enroll or maintain a child in
15    a  health  insurance  plan  that  is available to the obligor
16    through an employer or labor union or trade union.
17        (j)  "State Disbursement Unit" means the unit established
18    to collect and disburse support payments in  accordance  with
19    the  provisions  of  Section 10-26 of the Illinois Public Aid
20    Code.
21        (k)  "Title IV-D Agency" means the agency of  this  State
22    charged  by law with the duty to administer the child support
23    enforcement program established under Title IV, Part D of the
24    Social Security Act and Article X of the Illinois Public  Aid
25    Code.
26        (l)  "Title  IV-D  case" means a case in which an obligee
27    or obligor is receiving child  support  enforcement  services
28    under Title IV, Part D of the Social Security Act and Article
29    X of the Illinois Public Aid Code.
30        (m)  "National  Medical  Support Notice" means the notice
31    required for enforcement of orders for support providing  for
32    health  insurance  coverage of a child under Title IV, Part D
33    of the Social Security Act, the  Employee  Retirement  Income
34    Security  Act  of  1974,  and federal regulations promulgated
 
                            -84-           LRB9211345DJmbam01
 1    under those Acts.
 2        (n)  "Employer" means a payor or  labor  union  or  trade
 3    union  with  an employee group health insurance plan and, for
 4    purposes  of  the  National  Medical  Support  Notice,   also
 5    includes but is not limited to:
 6             (1)  any  State  or local governmental agency with a
 7        group health plan; and
 8             (2)  any payor with a group health plan  or  "church
 9        plan"   covered  under  the  Employee  Retirement  Income
10        Security Act of 1974.
11    (Source: P.A. 90-673, eff. 1-1-99; incorporates P.A.  90-790,
12    eff. 8-14-98; 91-212, eff. 7-20-99; 91-357, eff. 7-29-99.)

13        (750 ILCS 28/22 new)
14        Sec.  22.  Use  of  National  Medical  Support  Notice to
15    enforce health insurance coverage.
16        (a)  Notwithstanding the provisions of subdivision (c)(4)
17    of Section 20, when an order for support is being enforced by
18    the Title IV-D Agency under this  Act,  any  requirement  for
19    health insurance coverage to be provided through an employer,
20    including  withholding  of  premiums  from  the income of the
21    obligor, shall be enforced through use of a National  Medical
22    Support  Notice  instead  of  through provisions in an income
23    withholding notice.
24        (b)  A National Medical Support Notice may be  served  on
25    the  employer  in  the  manner  and  under  the circumstances
26    provided for serving an income withholding notice under  this
27    Act, except that an order for support that conditions service
28    of  an  income  withholding  notice  on  the obligor becoming
29    delinquent in paying the order for support, as provided under
30    subdivision (a)(1) of Section 20, shall not prevent immediate
31    service of a National Medical Support  Notice  by  the  Title
32    IV-D  Agency.  The  Title  IV-D  Agency  may serve a National
33    Medical Support Notice on an  employer  in  conjunction  with
 
                            -85-           LRB9211345DJmbam01
 1    service of an income withholding notice. Service of an income
 2    withholding  notice  is  not  a  condition  for  service of a
 3    National Medical Support Notice, however.
 4        (c)  At the time of service of a National Medical Support
 5    Notice on the employer, the Title IV-D Agency shall  serve  a
 6    copy  of the Notice on the obligor by ordinary mail addressed
 7    to the obligor's last known address. The  Title  IV-D  Agency
 8    shall  file  a  copy  of the National Medical Support Notice,
 9    together with proofs of  service  on  the  employer  and  the
10    obligor, with the clerk of the circuit court.
11        (d)  Within 20 business days after the date of a National
12    Medical  Support  Notice,  an employer served with the Notice
13    shall transfer the severable notice to plan administrator  to
14    the  appropriate  group  health  plan  providing  any  health
15    insurance  coverage  for  which  the  child  is  eligible. As
16    required in the part of the National Medical  Support  Notice
17    directed  to  the  employer,  the employer shall withhold any
18    employee premium necessary for  coverage  of  the  child  and
19    shall  send  any  amount  withheld  directly to the plan. The
20    employer shall commence the withholding  no  later  than  the
21    next payment of income that occurs 14 days following the date
22    the  National  Medical  Support  Notice  was  mailed, sent by
23    facsimile or other electronic means, or placed  for  personal
24    delivery to or service on the employer.
25        Notwithstanding the requirement to withhold premiums from
26    the  obligor's  income, if the plan administrator informs the
27    employer that the child is enrolled in an  option  under  the
28    plan for which the employer has determined that the obligor's
29    premium  exceeds  the  amount  that  may be withheld from the
30    obligor's  income  due  to  the  withholding  limitation   or
31    prioritization  contained  in  Section  35  of  this Act, the
32    employer shall complete the appropriate item in the  part  of
33    the  National Medical Support Notice directed to the employer
34    according to the instructions in the Notice and shall  return
 
                            -86-           LRB9211345DJmbam01
 1    that part to the Title IV-D Agency.
 2        (e)  If  one  of  the  following circumstances exists, an
 3    employer served with a National Medical Support Notice  shall
 4    complete  the  part of the Notice directed to the employer in
 5    accordance with the instructions  in  the  Notice  and  shall
 6    return  that part to the Title IV-D Agency within 20 business
 7    days after the date of the Notice:
 8             (1)  The employer does not maintain or contribute to
 9        plans providing  dependent  or  family  health  insurance
10        coverage.
11             (2)  The  obligor is among a class of employees that
12        is not eligible  for  family  health  insurance  coverage
13        under any group health plan maintained by the employer or
14        to which the employer contributes.
15             (3)  Health  insurance  coverage  is  not  available
16        because   the  obligor  is  no  longer  employed  by  the
17        employer.
18        (f)  The administrator of a health insurance plan to whom
19    an employer has transferred  the  severable  notice  to  plan
20    administrator part of a National Medical Support Notice shall
21    complete   that  part  with  the  health  insurance  coverage
22    information required under the instructions in the Notice and
23    shall return that part to the Title  IV-D  Agency  within  40
24    business days after the date of the Notice.
25        (g)  The  obligor  may  contest  withholding  under  this
26    Section  based  only  on  a  mistake  of fact and may contest
27    withholding by filing  a  petition  with  the  clerk  of  the
28    circuit  court  within 20 days after service of a copy of the
29    National Medical Support Notice on the obligor.  The  obligor
30    must serve a copy of the petition on the Title IV-D Agency at
31    the  address  stated  in the National Medical Support Notice.
32    The  National   Medical   Support   Notice,   including   the
33    requirement  to withhold any required premium, shall continue
34    to be binding on the employer until the  employer  is  served
 
                            -87-           LRB9211345DJmbam01
 1    with a court order resolving the contest or until notified by
 2    the Title IV-D Agency.
 3        (h)  Whenever  the  obligor is no longer receiving income
 4    from the employer, the employer shall return a  copy  of  the
 5    National  Medical Support Notice to the Title IV-D Agency and
 6    shall provide information for the purpose of enforcing health
 7    insurance coverage under this Section.
 8        (i)  The Title IV-D  Agency  shall  promptly  notify  the
 9    employer  when  there is no longer a current order for health
10    insurance coverage in effect which the Title IV-D  Agency  is
11    responsible for enforcing.
12        (j)  Unless  stated otherwise in this Section, all of the
13    provisions of this Act relating  to  income  withholding  for
14    support  shall  pertain  to  income  withholding  for  health
15    insurance  coverage  under a National Medical Support Notice,
16    including but not limited to the duties of the  employer  and
17    obligor,  and  the  penalties  contained  in  Section  35 and
18    Section 50. In addition, an employer who willfully  fails  to
19    transfer the severable notice to plan administrator part of a
20    National  Medical  Support  Notice  to  the appropriate group
21    health plan providing health insurance coverage for which the
22    child is eligible, within 20 business days after the date  of
23    the Notice, is liable for the full amount of medical expenses
24    incurred  by  or on behalf of the child which would have been
25    paid or reimbursed by the health insurance coverage  had  the
26    severable  notice  to  plan  administrator part of the Notice
27    been timely transferred to the group health  insurance  plan.
28    This  penalty  may be collected in a civil action that may be
29    brought against the employer in favor of the obligee  or  the
30    Title IV-D Agency.
31        (k)  To  the extent that any other State or local law may
32    be construed to limit or prevent compliance by an employer or
33    health insurance plan administrator with the requirements  of
34    this  Section  and  federal law and regulations pertaining to
 
                            -88-           LRB9211345DJmbam01
 1    the National Medical Support Notice, that State or local  law
 2    shall not apply.
 3        (l)  As  the  Title IV-D Agency, the Department of Public
 4    Aid shall adopt any rules necessary for use of and compliance
 5    with the National Medical Support Notice.

 6        (750 ILCS 28/35)
 7        Sec. 35.  Duties of payor.
 8        (a)  It shall be the duty  of  any  payor  who  has  been
 9    served  with  an  income withholding notice to deduct and pay
10    over income as provided in this  Section.   The  payor  shall
11    deduct  the  amount  designated  in  the  income  withholding
12    notice,  as  supplemented  by any notice provided pursuant to
13    subsection (f) of Section 45, beginning  no  later  than  the
14    next  payment of income which is payable or creditable to the
15    obligor that occurs 14 days following  the  date  the  income
16    withholding  notice  was  mailed,  sent by facsimile or other
17    electronic means, or  placed  for  personal  delivery  to  or
18    service  on  the  payor.   The  payor may combine all amounts
19    withheld for the benefit of an obligee or public office  into
20    a  single  payment and transmit the payment with a listing of
21    obligors from whom withholding has been effected.  The  payor
22    shall  pay the amount withheld to the State Disbursement Unit
23    within 7 business days after the date the amount  would  (but
24    for  the  duty to withhold income) have been paid or credited
25    to the obligor. If the  payor  knowingly  fails  to  pay  any
26    amount  withheld  to  the  State  Disbursement  Unit within 7
27    business days after the date the amount would have been  paid
28    or  credited to the obligor, the payor shall pay a penalty of
29    $100 for each day that the withheld amount is not paid to the
30    State Disbursement Unit after the period of 7  business  days
31    has  expired.   The  failure  of  a  payor,  on more than one
32    occasion, to pay amounts withheld to the  State  Disbursement
33    Unit  within  7 business days after the date the amount would
 
                            -89-           LRB9211345DJmbam01
 1    have  been  paid  or  credited  to  the  obligor  creates   a
 2    presumption  that  the payor knowingly failed to pay over the
 3    amounts.  This penalty may be collected  in  a  civil  action
 4    which  may  be  brought  against  the  payor  in favor of the
 5    obligee  or  public  office.   A   finding   of   a   payor's
 6    nonperformance  within  the time required under this Act must
 7    be documented by a certified mail return receipt showing  the
 8    date  the  income withholding notice was served on the payor.
 9    For  purposes  of  this  Act,  a  withheld  amount  shall  be
10    considered paid by a payor on the date it is  mailed  by  the
11    payor,  or  on  the  date an electronic funds transfer of the
12    amount has been initiated  by  the  payor,  or  on  the  date
13    delivery  of  the amount has been initiated by the payor. For
14    each  deduction,  the   payor   shall   provide   the   State
15    Disbursement  Unit, at the time of transmittal, with the date
16    the amount would (but for the duty to withhold  income)  have
17    been paid or credited to the obligor.
18        After  June  30,  2000,  every payor that has 250 or more
19    employees shall use electronic  funds  transfer  to  pay  all
20    amounts  withheld  under  this Section.  During the year 2001
21    and during each year thereafter, every payor that  has  fewer
22    than  250  employees  and  that  withheld  income  under this
23    Section pursuant to 10 or  more  income  withholding  notices
24    during  December  of  the preceding year shall use electronic
25    funds  transfer  to  pay  all  amounts  withheld  under  this
26    Section.
27        Upon receipt of an income  withholding  notice  requiring
28    that  a  minor  child  be  named as a beneficiary of a health
29    insurance plan available through an employer or  labor  union
30    or  trade  union,  the employer or labor union or trade union
31    shall immediately enroll the minor child as a beneficiary  in
32    the   health   insurance   plan   designated  by  the  income
33    withholding notice. The employer shall withhold any  required
34    premiums  and  pay  over  any  amounts  so  withheld  and any
 
                            -90-           LRB9211345DJmbam01
 1    additional amounts the employer pays to the insurance carrier
 2    in a timely manner.  The employer or  labor  union  or  trade
 3    union shall mail to the obligee, within 15 days of enrollment
 4    or  upon request, notice of the date of coverage, information
 5    on the dependent coverage plan, and all  forms  necessary  to
 6    obtain  reimbursement  for  covered  health expenses, such as
 7    would be made available to a new employee. When an order  for
 8    dependent coverage is in effect and the insurance coverage is
 9    terminated  or  changed for any reason, the employer or labor
10    union or trade union shall notify the obligee within 10  days
11    of  the  termination  or  change  date  along  with notice of
12    conversion privileges.
13        For withholding of income, the payor shall be entitled to
14    receive a fee not to exceed $5 per month to be taken from the
15    income to be paid to the obligor.
16        (b)  Whenever the obligor is no longer  receiving  income
17    from  the  payor, the payor shall return a copy of the income
18    withholding notice to the obligee or public office and  shall
19    provide information for the purpose of enforcing this Act.
20        (c)  Withholding  of  income under this Act shall be made
21    without regard  to  any  prior  or  subsequent  garnishments,
22    attachments,   wage  assignments,  or  any  other  claims  of
23    creditors.  Withholding of income under this Act shall not be
24    in excess of the maximum amounts permitted under the  federal
25    Consumer   Credit   Protection   Act.  Income  available  for
26    withholding shall be applied first  to  the  current  support
27    obligation,  then to any premium required for employer, labor
28    union,  or  trade  union-related  health  insurance  coverage
29    ordered under the order for support,  and  then  to  payments
30    required  on  past-due  support  obligations.   If  there  is
31    insufficient  available  income  remaining  to  pay  the full
32    amount  of  the  required  health  insurance  premium   after
33    withholding  of  income  for  the current support obligation,
34    then the remaining  available  income  shall  be  applied  to
 
                            -91-           LRB9211345DJmbam01
 1    payments  required  on  past-due  support obligations. If the
 2    payor has been served with more than one  income  withholding
 3    notice  pertaining  to  the  same  obligor,  the  payor shall
 4    allocate income available for withholding on a  proportionate
 5    share basis, giving priority to current support payments.  If
 6    there   is   any   income  available  for  withholding  after
 7    withholding for all current support  obligations,  the  payor
 8    shall  allocate  the  income  to  past  due  support payments
 9    ordered in cases in which cash assistance under the  Illinois
10    Public Aid Code is not being provided to the obligee and then
11    to  past  due support payments ordered in cases in which cash
12    assistance under  the  Illinois  Public  Aid  Code  is  being
13    provided to the obligee, both on a proportionate share basis.
14    A  payor  who complies with an income withholding notice that
15    is regular  on  its  face  shall  not  be  subject  to  civil
16    liability  with respect to any individual, any agency, or any
17    creditor of the obligor for conduct in  compliance  with  the
18    notice.
19        (d)  No payor shall discharge, discipline, refuse to hire
20    or  otherwise  penalize  any  obligor  because of the duty to
21    withhold income.
22    (Source: P.A. 90-673,  eff.  1-1-99;  91-212,  eff.  7-20-99;
23    91-677, eff. 1-5-00.)

24        Section  30.  The  Illinois  Parentage  Act  of  1984  is
25    amended by changing Sections 13.1, 14, 15.1, 18, 21.1, and 22
26    as follows:

27        (750 ILCS 45/13.1)
28        Sec.   13.1.    Temporary   order   for   child  support.
29    Notwithstanding any other law to the  contrary,  pending  the
30    outcome  of  a judicial determination of parentage, the court
31    shall issue a temporary order for child support, upon  motion
32    by  a party and a showing of clear and convincing evidence of
 
                            -92-           LRB9211345DJmbam01
 1    paternity.  In determining the amount of the temporary  child
 2    support  award,  the  court  shall  use  the  guidelines  and
 3    standards  set  forth in subsection (a) of Section 505 and in
 4    Section 505.2 of the Illinois  Marriage  and  Dissolution  of
 5    Marriage Act.
 6        Any  new  or  existing support order entered by the court
 7    under this  Section  shall  be  deemed  to  be  a  series  of
 8    judgments   against  the  person  obligated  to  pay  support
 9    thereunder, each such judgment to be in the  amount  of  each
10    payment  or  installment  of  support and each judgment to be
11    deemed entered as of the date the  corresponding  payment  or
12    installment becomes due under the terms of the support order.
13    Each  such  judgment  shall  have the full force, effect, and
14    attributes of any other judgment of this State, including the
15    ability to be enforced.  Any  such  judgment  is  subject  to
16    modification  or  termination only in accordance with Section
17    510 of the Illinois Marriage and Dissolution of Marriage Act.
18    A lien arises by  operation  of  law  against  the  real  and
19    personal   property  of  the  noncustodial  parent  for  each
20    installment of  overdue  support  owed  by  the  noncustodial
21    parent.
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    child and spouse support enforcement services under Article X
26    of the Illinois Public Aid Code, the Illinois  Department  of
27    Public  Aid,  within  7  days,  (i) of the name, address, and
28    telephone number of any new  employer  of  the  non-custodial
29    parent,  (ii)  whether the non-custodial parent has access to
30    health insurance coverage through the employer or other group
31    coverage, and, if so, the policy  name  and  number  and  the
32    names  of  persons covered under the policy, and (iii) of any
33    new residential or mailing address or telephone number of the
34    non-custodial parent.
 
                            -93-           LRB9211345DJmbam01
 1        In any subsequent action to enforce a support order, upon
 2    sufficient showing that diligent  effort  has  been  made  to
 3    ascertain  the  location of the non-custodial parent, service
 4    of process or provision of notice necessary  in  that  action
 5    may  be  made  at the last known address of the non-custodial
 6    parent, in any manner expressly provided by the Code of Civil
 7    Procedure or in this Act, which service shall  be  sufficient
 8    for purposes of due process.
 9        An  order  for  support shall include a date on which the
10    current support obligation terminates.  The termination  date
11    shall  be no earlier than the date on which the child covered
12    by the order will attain the age of majority or is  otherwise
13    emancipated.   The  order  for  support  shall state that the
14    termination date does not apply to  any  arrearage  that  may
15    remain  unpaid on that date.  Nothing in this paragraph shall
16    be construed to prevent the court from modifying the order.
17    (Source: P.A. 90-18, eff. 7-1-97.)

18        (750 ILCS 45/14) (from Ch. 40, par. 2514)
19        Sec. 14.  Judgment.
20        (a) (1)  The judgment shall contain or explicitly reserve
21    provisions concerning any duty and amount  of  child  support
22    and   may  contain  provisions  concerning  the  custody  and
23    guardianship of the child,  visitation  privileges  with  the
24    child,  the  furnishing  of  bond  or  other security for the
25    payment of the judgment, which the court shall  determine  in
26    accordance  with  the  relevant  factors  set  forth  in  the
27    Illinois  Marriage  and  Dissolution  of Marriage Act and any
28    other applicable law of Illinois, to guide  the  court  in  a
29    finding  in  the  best interests of the child. In determining
30    custody, joint custody, or visitation, the court shall  apply
31    the   relevant   standards   of  the  Illinois  Marriage  and
32    Dissolution of Marriage Act. Specifically, in determining the
33    amount of any child support award, the court  shall  use  the
 
                            -94-           LRB9211345DJmbam01
 1    guidelines  and  standards  set  forth  in  subsection (a) of
 2    Section 505 and in Section 505.2 of the Illinois Marriage and
 3    Dissolution of Marriage Act.  For purposes of Section 505  of
 4    the  Illinois  Marriage and Dissolution of Marriage Act, "net
 5    income"  of  the  non-custodial  parent  shall  include   any
 6    benefits  available  to that person under the Illinois Public
 7    Aid  Code   or   from   other   federal,   State   or   local
 8    government-funded  programs.   The  court shall, in any event
 9    and regardless of the amount of  the  non-custodial  parent's
10    net income, in its judgment order the non-custodial parent to
11    pay child support to the custodial parent in a minimum amount
12    of not less than $10 per month. In an action brought within 2
13    years after a child's birth, the judgment or order may direct
14    either  parent  to  pay  the  reasonable expenses incurred by
15    either parent related  to  the  mother's  pregnancy  and  the
16    delivery  of  the  child. The judgment or order shall contain
17    the father's social security number, which the  father  shall
18    disclose  to  the  court;  however,  failure  to  include the
19    father's social security number on the judgment or order does
20    not invalidate the judgment or order.
21        (2)  If a judgment  of  parentage  contains  no  explicit
22    award  of  custody, the establishment of a support obligation
23    or of visitation rights in one parent shall be  considered  a
24    judgment  granting  custody  to  the  other  parent.   If the
25    parentage judgment contains no such provisions, custody shall
26    be presumed to be with the mother; however,  the  presumption
27    shall not apply if the father has had physical custody for at
28    least  6  months  prior  to the date that the mother seeks to
29    enforce custodial rights.
30        (b)  The court shall order all  child  support  payments,
31    determined  in  accordance  with such guidelines, to commence
32    with the date  summons  is  served.   The  level  of  current
33    periodic  support  payments  shall  not be reduced because of
34    payments set for the period prior to the date of entry of the
 
                            -95-           LRB9211345DJmbam01
 1    support  order.   The  Court  may  order  any  child  support
 2    payments to be made for a period prior to the commencement of
 3    the action. In determining whether and the  extent  to  which
 4    the  payments  shall  be made for any prior period, the court
 5    shall consider all relevant facts, including the factors  for
 6    determining  the  amount of support specified in the Illinois
 7    Marriage and Dissolution of Marriage Act and other  equitable
 8    factors including but not limited to:
 9             (1)  The  father's  prior  knowledge of the fact and
10        circumstances of the child's birth.
11             (2)  The father's prior willingness  or  refusal  to
12        help raise or support the child.
13             (3)  The  extent  to  which the mother or the public
14        agency bringing the action previously informed the father
15        of the child's needs or attempted to seek or require  his
16        help in raising or supporting the child.
17             (4)  The reasons the mother or the public agency did
18        not file the action earlier.
19             (5)  The   extent  to  which  the  father  would  be
20        prejudiced by the delay in bringing the action.
21        For purposes of determining the amount of  child  support
22    to  be  paid  for  any  period  before the date the order for
23    current child support  is  entered,  there  is  a  rebuttable
24    presumption that the father's net income for the prior period
25    was  the  same  as  his  net income at the time the order for
26    current child support is entered.
27        If (i) the non-custodial parent was properly served  with
28    a  request for discovery of financial information relating to
29    the non-custodial parent's ability to provide child  support,
30    (ii)  the  non-custodial  parent  failed  to  comply with the
31    request, despite having been ordered to do so by  the  court,
32    and  (iii)  the  non-custodial  parent  is not present at the
33    hearing to determine support despite having  received  proper
34    notice,  then  any  relevant financial information concerning
 
                            -96-           LRB9211345DJmbam01
 1    the non-custodial parent's ability to provide  child  support
 2    that  was  obtained  pursuant  to  subpoena and proper notice
 3    shall be admitted into evidence without the need to establish
 4    any further foundation for its admission.
 5        (c)  Any new or existing support  order  entered  by  the
 6    court  under  this  Section shall be deemed to be a series of
 7    judgments  against  the  person  obligated  to  pay   support
 8    thereunder, each judgment to be in the amount of each payment
 9    or installment of support and each such judgment to be deemed
10    entered   as   of  the  date  the  corresponding  payment  or
11    installment becomes due under the terms of the support order.
12    Each  judgment  shall  have  the  full  force,   effect   and
13    attributes of any other judgment of this State, including the
14    ability  to  be  enforced.  A lien arises by operation of law
15    against the real and personal property  of  the  noncustodial
16    parent  for  each  installment of overdue support owed by the
17    noncustodial parent.
18        (d)  If the judgment or order of the court is at variance
19    with the child's birth certificate,  the  court  shall  order
20    that  a  new  birth  certificate  be  issued  under the Vital
21    Records Act.
22        (e)  On request of the mother and the father,  the  court
23    shall  order  a  change  in  the  child's name. After hearing
24    evidence the court may stay payment  of  support  during  the
25    period of the father's minority or period of disability.
26        (f)  If,  upon  a  showing  of proper service, the father
27    fails to appear in court, or otherwise appear as provided  by
28    law,  the  court may proceed to hear the cause upon testimony
29    of the mother or other parties taken in open court and  shall
30    enter a judgment by default.  The court may reserve any order
31    as  to  the  amount  of  child  support  until the father has
32    received notice, by regular mail, of a hearing on the matter.
33        (g)  A one-time charge  of  20%  is  imposable  upon  the
34    amount  of  past-due child support owed on July 1, 1988 which
 
                            -97-           LRB9211345DJmbam01
 1    has accrued under a support order entered by the court.   The
 2    charge  shall be imposed in accordance with the provisions of
 3    Section 10-21 of the Illinois Public Aid Code  and  shall  be
 4    enforced by the court upon petition.
 5        (h)  All  orders  for  support, when entered or modified,
 6    shall include a provision requiring the non-custodial  parent
 7    to notify the court and, in cases in which party is receiving
 8    child and spouse support enforcement services under Article X
 9    of  the  Illinois Public Aid Code, the Illinois Department of
10    Public Aid, within 7 days, (i) of the name and address of any
11    new employer of the non-custodial parent,  (ii)  whether  the
12    non-custodial  parent has access to health insurance coverage
13    through the employer or other group coverage and, if so,  the
14    policy name and number and the names of persons covered under
15    the  policy,  and  (iii)  of  any  new residential or mailing
16    address or telephone number of the non-custodial parent.   In
17    any  subsequent  action  to  enforce  a support order, upon a
18    sufficient showing that a diligent effort has  been  made  to
19    ascertain  the  location of the non-custodial parent, service
20    of process or provision of notice necessary in the  case  may
21    be made at the last known address of the non-custodial parent
22    in  any  manner  expressly  provided  by  the  Code  of Civil
23    Procedure or this Act, which service shall be sufficient  for
24    purposes of due process.
25        (i)  An  order  for support shall include a date on which
26    the current support obligation terminates.   The  termination
27    date  shall  be  no  earlier than the date on which the child
28    covered by the order will attain the age of  majority  or  is
29    otherwise  emancipated.   The  order  for support shall state
30    that the termination date does not  apply  to  any  arrearage
31    that  may  remain  unpaid  on  that  date.   Nothing  in this
32    subsection shall be  construed  to  prevent  the  court  from
33    modifying the order.
34        (j)  An  order entered under this Section shall include a
 
                            -98-           LRB9211345DJmbam01
 1    provision requiring the obligor to report to the obligee  and
 2    to  the  clerk  of court within 10 days each time the obligor
 3    obtains  new  employment,  and  each   time   the   obligor's
 4    employment is terminated for any reason.  The report shall be
 5    in  writing and shall, in the case of new employment, include
 6    the name and address of the new employer.  Failure to  report
 7    new  employment  or the termination of current employment, if
 8    coupled with nonpayment of support for a period in excess  of
 9    60  days,  is  indirect  criminal  contempt.  For any obligor
10    arrested for failure to report new employment bond  shall  be
11    set  in the amount of the child support that should have been
12    paid during the period of unreported  employment.   An  order
13    entered  under  this  Section  shall also include a provision
14    requiring the obligor and  obligee  parents  to  advise  each
15    other  of  a  change in residence within 5 days of the change
16    except when the court finds that  the  physical,  mental,  or
17    emotional  health  of  a  party  or that of a minor child, or
18    both, would be seriously  endangered  by  disclosure  of  the
19    party's address.
20    (Source:  P.A.  90-18,  eff.  7-1-97;  90-539,  eff.  6-1-98;
21    90-655, eff. 7-30-98; 91-767, eff. 6-9-00.)

22        (750 ILCS 45/15.1) (from Ch. 40, par. 2515.1)
23        Sec.  15.1. (a) Whenever it is determined in a proceeding
24    to establish or enforce a child support obligation  that  the
25    person  owing  a duty of support is unemployed, the court may
26    order the person to seek employment and  report  periodically
27    to the court with a diary, listing or other memorandum of his
28    or  her efforts in accordance with such order.  Additionally,
29    the court may order the unemployed person to  report  to  the
30    Department  of Employment Security for job search services or
31    to make application with the local Job  Training  Partnership
32    Act  provider  for  participation  in job search, training or
33    work programs and where the duty of  support  is  owed  to  a
 
                            -99-           LRB9211345DJmbam01
 1    child  receiving  child  support  enforcement  services under
 2    Article X of the Illinois Public Aid Code,  as  amended,  the
 3    court  may  order  the  unemployed  person  to  report to the
 4    Illinois Department of Public Aid for  participation  in  job
 5    search,  training  or work programs established under Section
 6    9-6 and Article IXA of that Code.
 7        (b)  Whenever  it  is  determined  that  a  person   owes
 8    past-due  support  for  a  child,  and the child is receiving
 9    assistance under the Illinois  Public  Aid  Code,  the  court
10    shall  order  the  following  at  the request of the Illinois
11    Department of Public Aid:
12             (1)  that the person pay  the  past-due  support  in
13        accordance with a plan approved by the court; or
14             (2)  if   the   person  owing  past-due  support  is
15        unemployed, is  subject  to  such  a  plan,  and  is  not
16        incapacitated,  that  the  person participate in such job
17        search, training,  or  work  programs  established  under
18        Section  9-6  and  Article IXA of the Illinois Public Aid
19        Code as the court deems appropriate.
20    (Source: P.A. 90-18, eff. 7-1-97; 91-357, eff. 7-29-99.)

21        (750 ILCS 45/18) (from Ch. 40, par. 2518)
22        Sec. 18.  Right to Counsel; Free Transcript on Appeal.
23        (a)  Any party may  be  represented  by  counsel  at  all
24    proceedings under this Act.
25        (a-5)  In any proceedings involving the support, custody,
26    visitation,   education,  parentage,  property  interest,  or
27    general welfare of a minor or dependent child, the court may,
28    on its own motion or that of any party, and  subject  to  the
29    terms  or  specifications  the  court  determines, appoint an
30    attorney to serve in one of the following capacities:
31             (1)  as an attorney to represent the child;
32             (2)  as a guardian ad litem to  address  issues  the
33        court delineates;
 
                            -100-          LRB9211345DJmbam01
 1             (3)  as a child's representative whose duty shall be
 2        to  advocate  what  the representative finds to be in the
 3        best interests of the child after reviewing the facts and
 4        circumstances of the case.   The  child's  representative
 5        shall  have  the same power and authority to take part in
 6        the conduct of the litigation as does an attorney  for  a
 7        party  and  shall possess all the powers of investigation
 8        and recommendation as does  a  guardian  ad  litem.   The
 9        child's  representative  shall consider, but not be bound
10        by,  the  expressed  wishes  of  the  child.   A  child's
11        representative shall  have  received  training  in  child
12        advocacy  or  shall possess such experience as determined
13        to be equivalent to such training by the chief  judge  of
14        the  circuit  where  the  child's representative has been
15        appointed. The child's representative shall not  disclose
16        confidential  communications made by the child, except as
17        required by law or by the Rules of Professional  Conduct.
18        The  child's  representative  shall  not  be  called as a
19        witness  regarding  the  issues   set   forth   in   this
20        subsection.
21        During   the   proceedings   the  court  may  appoint  an
22    additional attorney to serve in  another  of  the  capacities
23    described  in  subdivisions (1), (2), or (3) of the preceding
24    paragraph on its own motion or that of a party only for  good
25    cause   shown   and  when  the  reasons  for  the  additional
26    appointment are set forth in specific findings.
27        The court shall enter an order as appropriate for  costs,
28    fees,  and  disbursements,  including  a  retainer,  when the
29    attorney, guardian ad litem,  or  child's  representative  is
30    appointed,  and  thereafter  as necessary.  Such orders shall
31    require payment by either or both parents, by any other party
32    or source, or from the marital estate or the child's separate
33    estate. The court may  not  order  payment  by  the  Illinois
34    Department  of Public Aid in cases in which the Department is
 
                            -101-          LRB9211345DJmbam01
 1    providing child and spouse support enforcement services under
 2    Article X of the Illinois Public Aid Code.  Unless  otherwise
 3    ordered by the court at the time fees and costs are approved,
 4    all fees and costs payable to an attorney, guardian ad litem,
 5    or   child's   representative   under  this  Section  are  by
 6    implication deemed to be in the  nature  of  support  of  the
 7    child   and   are  within  the  exceptions  to  discharge  in
 8    bankruptcy under 11 U.S.C.A. 523.  The provisions of Sections
 9    501 and 508 of this Act shall apply to  fees  and  costs  for
10    attorneys appointed under this Section.
11        (b)  Upon  the  request  of  a mother or child seeking to
12    establish the existence of a father and  child  relationship,
13    the  State's  Attorney shall represent the mother or child in
14    the trial court.  If the child  is  an  applicant  for  or  a
15    recipient  of  assistance  as  defined in Section 2-6 of "The
16    Illinois Public  Aid  Code",  approved  April  11,  1967,  as
17    amended,  or has applied to the Illinois Department of Public
18    Aid for services under Article X of such Code, the Department
19    may file a complaint in the child's behalf  under  this  Act.
20    The  Department  shall  refer the complaint to the Public Aid
21    Claims Enforcement Division of the  Office  of  the  Attorney
22    General  as provided in Section 12-16 of "The Illinois Public
23    Aid Code" for enforcement  by  the  Attorney  General.  Legal
24    representation  by  the  State's  Attorney  or  the  Attorney
25    General shall be limited to the establishment and enforcement
26    of  an order for support, and shall not extend to visitation,
27    custody, property or other matters.  If visitation,  custody,
28    property   or  other  matters  are  raised  by  a  party  and
29    considered by the court in any proceeding under this Act, the
30    court shall provide a continuance sufficient  to  enable  the
31    mother or child to obtain representation for such matters.
32        (c)  The  Court  may  appoint  counsel  to  represent any
33    indigent defendant in  the  trial  court,  except  that  this
34    representation  shall  be  limited  to the establishment of a
 
                            -102-          LRB9211345DJmbam01
 1    parent and child relationship and an order for  support,  and
 2    shall   not   extend   to   visitation,   custody,  property,
 3    enforcement of an order for support, or  other  matters.   If
 4    visitation,  custody, property or other matters are raised by
 5    a party and considered by the court in any  proceeding  under
 6    this Act, the court shall provide a continuance sufficient to
 7    enable  the  defendant  to  obtain  representation  for  such
 8    matters.
 9        (d)  The  court  shall furnish on request of any indigent
10    party a transcript for purposes of appeal.
11    (Source: P.A. 90-23, eff. 1-1-98; 91-410, eff. 1-1-00.)

12        (750 ILCS 45/21.1)
13        Sec. 21.1. Payment of Support to State Disbursement Unit.
14        (a)  As used in this Section:
15        "Order for support", "obligor",  "obligee",  and  "payor"
16    mean  those  terms  as  defined in the Income Withholding for
17    Support Act, except that "order for support" shall  not  mean
18    orders providing for spousal maintenance under which there is
19    no child support obligation.
20        (b)  Notwithstanding  any  other provision of this Act to
21    the contrary, each order for support entered or  modified  on
22    or  after October 1, 1999 shall require that support payments
23    be made to the  State  Disbursement  Unit  established  under
24    Section 10-26 of the Illinois Public Aid Code if:
25             (1)  a  party  to  the  order is receiving child and
26        spouse support enforcement services under  Article  X  of
27        the Illinois Public Aid Code; or
28             (2)  no  party  to  the order is receiving child and
29        spouse support  enforcement  services,  but  the  support
30        payments are made through income withholding.
31        (c)  Support   payments   shall  be  made  to  the  State
32    Disbursement Unit if:
33             (1)  the  order  for  support  was  entered   before
 
                            -103-          LRB9211345DJmbam01
 1        October  1,  1999,  and a party to the order is receiving
 2        child  and  spouse  support  enforcement  services  under
 3        Article X of the Illinois Public Aid Code; or
 4             (2)  no party to the order is  receiving  child  and
 5        spouse  support  enforcement  services,  and  the support
 6        payments are being made through income withholding.
 7        (c-5)  If no party to the order is  receiving  child  and
 8    spouse  support  enforcement  services under Article X of the
 9    Illinois Public Aid Code, and the support  payments  are  not
10    made  through income withholding, then support payments shall
11    be made as directed by the order for support.
12        (c-10)  At any time, and notwithstanding the existence of
13    an  order  directing  payments  to  be  made  elsewhere,  the
14    Department of Public Aid may provide notice  to  the  obligor
15    and, where applicable, to the obligor's payor:
16             (1)   to   make   support   payments  to  the  State
17        Disbursement Unit if:
18                  (A)  a  party  to  the  order  for  support  is
19             receiving child support enforcement  services  under
20             Article X of the Illinois Public Aid Code; or
21                  (B)  no  party  to  the  order  for  support is
22             receiving child support enforcement  services  under
23             Article  X  of the Illinois Public Aid Code, but the
24             support   payments   are   made    through    income
25             withholding; or
26             (2)   to   make   support   payments  to  the  State
27        Disbursement  Unit  of  another  state  upon  request  of
28        another state's  Title  IV-D  child  support  enforcement
29        agency,  in accordance with the requirements of Title IV,
30        Part  D  of  the  Social  Security  Act  and  regulations
31        promulgated under that Part D.
32        The Department of Public Aid shall provide a copy of  the
33    notice  to the obligee and to the clerk of the circuit court.
34    Within 15 days after the effective date  of  this  amendatory
 
                            -104-          LRB9211345DJmbam01
 1    Act  of  the  91st  General Assembly, the Illinois Department
 2    shall provide written notice to  the  clerk  of  the  circuit
 3    court,  the  obligor,  and,  where  applicable, the obligor's
 4    payor to make payments to the State Disbursement Unit if:
 5             (1)  the  order  for  support  was  entered   before
 6        October  1,  1999,  and a party to the order is receiving
 7        child and spouse support services under Article X of  the
 8        Illinois Public Aid Code; or
 9             (2)  no  party  to  the order is receiving child and
10        spouse support services, and  the  support  payments  are
11        being made through income withholding.
12        (c-15)  Within  15  days after the effective date of this
13    amendatory Act of the 91st General Assembly, the clerk of the
14    circuit court shall provide written notice to the obligor  to
15    directly to the clerk of the circuit court if no party to the
16    order  is  receiving  child  and  spouse  support enforcement
17    services under Article X of the Illinois Public Aid Code, the
18    support payments are not made through income withholding, and
19    the order for support requires support payments  to  be  made
20    directly  to the clerk of the circuit court.  The clerk shall
21    provide a copy of the notice to the obligee.
22        (c-20)  If the State Disbursement Unit receives a support
23    payment that was not appropriately made  to  the  Unit  under
24    this  Section,  the Unit shall immediately return the payment
25    to the sender, including, if possible, instructions detailing
26    where to send the support payments.
27        (d)  The notices required under  subsections  (c-10)  and
28    (c-15)  may  be sent by ordinary mail, certified mail, return
29    receipt   requested,   facsimile   transmission,   or   other
30    electronic process, or may be  served  upon  the  obligor  or
31    payor  using  any  method  provided  by  law for service of a
32    summons.  The Illinois Department of Public Aid shall provide
33    a copy of the notice to the obligee and to the clerk  of  the
34    court.
 
                            -105-          LRB9211345DJmbam01
 1    (Source: P.A. 91-212, eff. 7-20-99; 91-677, eff. 1-5-00.)

 2        (750 ILCS 45/22) (from Ch. 40, par. 2522)
 3        Sec.  22.   In  all  cases  instituted  by  the  Illinois
 4    Department  of  Public  Aid  on  behalf of a child or spouse,
 5    other than one receiving  a  grant  of  financial  aid  under
 6    Article  IV  of The Illinois Public Aid Code, on whose behalf
 7    an application has been made and approved for  child  support
 8    enforcement  services  as  provided  by  Section 10-1 of that
 9    Code,  the  court  shall  impose  a  collection  fee  on  the
10    individual who owes a child or spouse support  obligation  in
11    an  amount equal to 10% of the amount so owed as long as such
12    collection is required by federal law, which fee shall be  in
13    addition  to  the support obligation.  The imposition of such
14    fee shall be in accordance with provisions of Title IV,  Part
15    D,   of   the   Social  Security  Act  and  regulations  duly
16    promulgated thereunder.  The fee  shall  be  payable  to  the
17    clerk  of  the  circuit court for transmittal to the Illinois
18    Department of Public Aid and  shall  continue  until  support
19    services are terminated by that Department.
20    (Source: P.A. 83-1372.)

21        Section 35.  The Unemployment Insurance Act is amended by
22    changing Section 1300 as follows:

23        (820 ILCS 405/1300) (from Ch. 48, par. 540)
24        Sec.  1300.   Waiver  or  transfer  of  benefit  rights -
25    Partial exemption.
26        (A)  Except as otherwise provided herein any agreement by
27    an individual to waive, release or commute his  rights  under
28    this Act shall be void.
29        (B)  Benefits  due  under this Act shall not be assigned,
30    pledged, encumbered, released or commuted and shall be exempt
31    from all claims of creditors and  from  levy,  execution  and
 
                            -106-          LRB9211345DJmbam01
 1    attachment  or  other  remedy for recovery or collection of a
 2    debt.  However, nothing in  this  Section  shall  prohibit  a
 3    specified  or  agreed  upon  deduction  from  benefits  by an
 4    individual,  or  a  court   or   administrative   order   for
 5    withholding  of income, for payment of past due child support
 6    from being enforced and collected by the Department of Public
 7    Aid on behalf of persons receiving a grant of  financial  aid
 8    under Article IV of the Illinois Public Aid Code, persons for
 9    whom  an  application  has  been  made and approved for child
10    support enforcement services under Section 10-1 of such Code,
11    or persons similarly  situated  and  receiving  like  support
12    services in other states.   It is provided that:
13             (1)  The  aforementioned  deduction  of benefits and
14        order for withholding of income apply only if appropriate
15        arrangements have been  made  for  reimbursement  to  the
16        Director   by  the  Department  of  Public  Aid  for  any
17        administrative costs incurred by the Director under  this
18        Section.
19             (2)  The  Director  shall  deduct  and withhold from
20        benefits payable under this Act, or under any arrangement
21        for the payment of benefits entered into by the  Director
22        pursuant to the powers granted under Section 2700 of this
23        Act, the amount specified or agreed upon.  In the case of
24        a  court    or  administrative  order  for withholding of
25        income, the Director shall withhold  the  amount  of  the
26        order.
27             (3)  Any   amount   deducted  and  withheld  by  the
28        Director shall be paid to the Department of Public Aid or
29        the State Disbursement  Unit  established  under  Section
30        10-26 of the Illinois Public Aid Code, as directed by the
31        Department of Public Aid, on behalf of the individual.
32             (4)  Any   amount   deducted   and   withheld  under
33        subsection (3) shall for all purposes be treated as if it
34        were paid to the individual as benefits and paid by  such
 
                            -107-          LRB9211345DJmbam01
 1        individual  to  the Department of Public Aid or the State
 2        Disbursement Unit in  satisfaction  of  the  individual's
 3        child support obligations.
 4             (5)  For  the purpose of this Section, child support
 5        is defined as those obligations which are being  enforced
 6        pursuant to a plan described in Title IV, Part D, Section
 7        454  of  the  Social  Security  Act  and  approved by the
 8        Secretary of Health and Human Services.
 9             (6)  The  deduction  of  benefits  and   order   for
10        withholding of income for child support shall be governed
11        by  Titles  III and IV of the Social Security Act and all
12        regulations duly promulgated thereunder.
13        (C)  Nothing in this Section prohibits an individual from
14    voluntarily electing to have federal income tax deducted  and
15    withheld  from  his  or  her  unemployment  insurance benefit
16    payments.
17             (1)  The  Director  shall,  at  the  time  that   an
18        individual  files  his  or  her  claim  for benefits that
19        establishes  his  or  her  benefit   year,   inform   the
20        individual that:
21                  (a)  unemployment   insurance   is  subject  to
22             federal, State, and local income taxes;
23                  (b)  requirements exist pertaining to estimated
24             tax payments;
25                  (c)  the individual may elect to  have  federal
26             income  tax  deducted  and  withheld from his or her
27             payments of unemployment  insurance  in  the  amount
28             specified in the federal Internal Revenue Code; and
29                  (d)  the  individual  is  permitted to change a
30             previously elected withholding status.
31             (2)  Amounts deducted and withheld from unemployment
32        insurance shall remain in  the  unemployment  fund  until
33        transferred  to the federal taxing authority as a payment
34        of income tax.
 
                            -108-          LRB9211345DJmbam01
 1             (3)  The  Director  shall  follow   all   procedures
 2        specified  by  the  United States Department of Labor and
 3        the federal Internal Revenue Service  pertaining  to  the
 4        deducting and withholding of income tax.
 5             (4)  Amounts  shall  be  deducted  and  withheld  in
 6        accordance  with  the  priorities  established  in  rules
 7        promulgated by the Director.
 8        (D)  Nothing in this Section prohibits an individual from
 9    voluntarily  electing  to  have  State of Illinois income tax
10    deducted and withheld from his or her unemployment  insurance
11    benefit   payments  if  such  deduction  and  withholding  is
12    provided for pursuant to rules promulgated by the Director.
13             (1)  If  pursuant  to  rules  promulgated   by   the
14        Director,  an  individual  may  voluntarily elect to have
15        State of Illinois income tax deducted and  withheld  from
16        his  or  her unemployment insurance benefit payments, the
17        Director shall, at the time that an individual files  his
18        or  her  claim  for  benefits that establishes his or her
19        benefit  year,  in  addition  to  providing  the   notice
20        required under subsection C, inform the individual that:
21                  (a)  the  individual may elect to have State of
22             Illinois income tax deducted and withheld  from  his
23             or  her  payments  of  unemployment insurance in the
24             amount specified pursuant to  rules  promulgated  by
25             the Director; and
26                  (b)  the  individual  is  permitted to change a
27             previously elected withholding status.
28             (2)  Amounts deducted and withheld from unemployment
29        insurance shall remain in  the  unemployment  fund  until
30        transferred  to the Department of Revenue as a payment of
31        State of Illinois income tax.
32             (3)  Amounts  shall  be  deducted  and  withheld  in
33        accordance  with  the  priorities  established  in  rules
34        promulgated by the Director.
 
                            -109-          LRB9211345DJmbam01
 1        (E)  Nothing in this Section prohibits the deduction  and
 2    withholding  of  an  uncollected  overissuance  of food stamp
 3    coupons from unemployment insurance benefits pursuant to this
 4    subsection (E).
 5             (1)  At the time that an individual  files  a  claim
 6        for  benefits  that  establishes his or her benefit year,
 7        that individual must disclose whether or not  he  or  she
 8        owes  an  uncollected overissuance (as defined in Section
 9        13(c)(1) of the federal Food Stamp Act of 1977)  of  food
10        stamp  coupons.  The Director shall notify the State food
11        stamp agency enforcing such obligation of any  individual
12        who   discloses  that  he  or  she  owes  an  uncollected
13        overissuance of food stamp  coupons  and  who  meets  the
14        monetary  eligibility  requirements  of  subsection  E of
15        Section 500.
16             (2)  The Director shall deduct and withhold from any
17        unemployment insurance benefits payable to an  individual
18        who  owes  an  uncollected  overissuance  of  food  stamp
19        coupons:
20                  (a)  the  amount specified by the individual to
21             the Director to be deducted and withheld under  this
22             subsection (E);
23                  (b)  the amount (if any) determined pursuant to
24             an  agreement  submitted  to  the  State  food stamp
25             agency under Section 13(c)(3)(A) of the federal Food
26             Stamp Act of 1977; or
27                  (c)  any  amount  otherwise  required   to   be
28             deducted  and  withheld  from unemployment insurance
29             benefits pursuant  to  Section  13(c)(3)(B)  of  the
30             federal Food Stamp Act of 1977.
31             (3)  Any  amount  deducted  and withheld pursuant to
32        this subsection (E) shall be paid by the Director to  the
33        State food stamp agency.
34             (4)  Any  amount  deducted  and withheld pursuant to
 
                            -110-          LRB9211345DJmbam01
 1        this subsection (E) shall for all purposes be treated  as
 2        if  it  were  paid  to  the  individual  as  unemployment
 3        insurance  benefits  and  paid  by  the individual to the
 4        State food stamp agency as repayment of the  individual's
 5        uncollected overissuance of food stamp coupons.
 6             (5)  For    purposes   of   this   subsection   (E),
 7        "unemployment insurance benefits" means any  compensation
 8        payable  under  this Act including amounts payable by the
 9        Director pursuant to an agreement under any  federal  law
10        providing  for  compensation,  assistance,  or allowances
11        with respect to unemployment.
12             (6)  This   subsection   (E)   applies    only    if
13        arrangements  have  been  made  for  reimbursement by the
14        State food stamp  agency  for  the  administrative  costs
15        incurred  by the Director under this subsection (E) which
16        are  attributable  to  the   repayment   of   uncollected
17        overissuances  of  food  stamp  coupons to the State food
18        stamp agency.
19    (Source: P.A. 90-425, eff. 8-15-97;  90-554,  eff.  12-12-97;
20    91-212, eff. 7-20-99; 91-712, eff. 7-1-00.)

21        Section  99.   Effective  date.  This Act takes effect on
22    July 1, 2002.".

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