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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 Childand SpouseSupport 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 childand spousesupport 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 childand spousesupport 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 childand spousesupport enforcement services under this 19 Article X. Such publications shall set forth an explanation, 20 in plain language, that the childand spousesupport 21 enforcement services program is independent of any public aid 22 program under the Code and that the receiving of childand23spousesupport enforcement servicesservicein no way implies 24 that the person receiving such servicesserviceis 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 childand spousesupport 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 "administrativeadministrationenforcement 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 childand spousesupport 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 childand spousesupport 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 childand spousesupport 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 childand spousesupport 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 childand spousesupport 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 childand spousesupport 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 childand spousesupport 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 childand spousesupport 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 childor18spousesupport 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 childand spousesupport 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 childand spouse30 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 childand spousesupport 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 childand spousesupport 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 childand spousesupport 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 childand spousesupport 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 childand27spousesupport enforcement services under this Article X; 28 or 29 (2) no party to the order is receiving childand30spousesupport 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 childand spousesupport enforcement services under this 4 Article X; or 5 (2) no party to the order is receiving childand6spousesupport enforcement services, and the support 7 payments are being made through income withholding. 8 (c-5) If no party to the order is receiving childand9spousesupport 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 the32effective date of this amendatory Act of the 91st General33Assembly, the Illinois Department shall provide written34notice to the clerk of the circuit court, the obligor,-32- LRB9211345DJmbam01 1and, where applicable, the obligor's payor to make2payments to the State Disbursement Unit if:3(1) the order for support was entered before4October 1, 1999, and a party to the order is receiving5child and spouse support services under this Article X;6or7(2) no party to the order is receiving child and8spouse support services, and the support payments are9being 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 childand spousesupport 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 noticesrequiredunder 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 childand23spousesupport 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 childand spousesupport 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 childand11spousesupport enforcement services for release from or 12 modification of administrative support order or 13 administrative determination of paternity. Any person 14 receiving childand spousesupport 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 childand spousesupport 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 childand spousesupport 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 childand spouse13 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 childand spouse31 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 childand spouse9 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 childand23spousesupport 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 childand spousesupport 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 childand24spousesupport enforcement services under Article X of 25 the Illinois Public Aid Code; or 26 (2) no party to the order is receiving childand27spousesupport enforcement services, but the support 28 payments are made through income withholding. 29 (c) Support payments shall be made to the State 30 Disbursement Unit if: 31 (1) the order for support was entered before 32 October 1, 1999, and a party to the order is receiving 33 childand spousesupport enforcement services under -53- LRB9211345DJmbam01 1 Article X of the Illinois Public Aid Code; or 2 (2) no party to the order is receiving childand3spousesupport enforcement services, and the support 4 payments are being made through income withholding. 5 (c-5) If no party to the order is receiving childand6spousesupport 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. 32Within 15 days after the effective date of this amendatory33Act of the 91st General Assembly, the Illinois Department34shall provide written notice to the clerk of the circuit-54- LRB9211345DJmbam01 1court, the obligor, and, where applicable, the obligor's2payor to make payments to the State Disbursement Unit if:3(1) the order for support was entered before4October 1, 1999, and a party to the order is receiving5child and spouse support services under Article X of the6Illinois Public Aid Code; or7(2) no party to the order is receiving child and8spouse support services, and the support payments are9being 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 childand spousesupport 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 noticesrequiredunder 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 provide32a copy of the notice to the obligee and to the clerk of the33court.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 childand 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 childand spousesupport 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 childand spousesupport 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 childand spousesupport 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 childand12spousesupport enforcement services under Article X of 13 the Illinois Public Aid Code; or 14 (2) when no party to the order is receiving child 15and spousesupport enforcement services, but the support 16 payments are made through income withholding. 17 (c) When no party to the order is receiving childand18spousesupport 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. 10In the case of an order for support entered by the court11under this Act before a party commenced receipt of child and12spouse support services, upon receipt of these services by a13party the Illinois Department of Public Aid shall provide14notice to the obligor to send any support payments he or she15makes personally to the State Disbursement Unit until further16direction of the Department. The Department shall provide a17copy of the notice to the obligee and to the clerk of the18court.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,this27subsection (e) shall be inoperative andthe 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 childand spousesupport 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 childand spousesupport 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 childand24spousesupport 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 childand15spousesupport enforcement services under Article X of 16 the Illinois Public Aid Code; or 17 (2) no party to the order is receiving childand18spousesupport enforcement services, but the support 19 payments are made through income withholding. 20 (c) Support payments shall be made to the State 21 Disbursement Unit if: 22 (1) the order for support was entered before 23 October 1, 1999, and a party to the order is receiving 24 childand spousesupport enforcement services under 25 Article X of the Illinois Public Aid Code; or 26 (2) no party to the order is receiving childand27spousesupport enforcement services, and the support 28 payments are being made through income withholding. 29 (c-5) If no party to the order is receiving childand30spousesupport enforcement services under Article X of the 31 Illinois Public Aid Code, and the support payments are not 32 made through income withholding, then support payments shall 33 be made as directed by the order for support. 34 (c-10) At any time, and notwithstanding the existence of -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. 22Within 15 days after the effective date of this amendatory23Act of the 91st General Assembly, the Illinois Department24shall provide written notice to the clerk of the circuit25court, the obligor, and, where applicable, the obligor's26payor to make payments to the State Disbursement Unit if:27(1) the order for support was entered before28October 1, 1999, and a party to the order is receiving29child and spouse support services under Article X of the30Illinois Public Aid Code; or31(2) no party to the order is receiving child and32spouse support services, and the support payments are33being made through income withholding.34 (c-15) Within 15 days after the effective date of this -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 childand spousesupport 5 enforcement services under Article X of the Illinois Public 6 Aid Code, the support payments are not made through income 7 withholding, and the order for support requires support 8 payments to be made directly to the clerk of the circuit 9 court. The clerk shall provide a copy of the notice to the 10 obligee. 11 (c-20) If the State Disbursement Unit receives a support 12 payment that was not appropriately made to the Unit under 13 this Section, the Unit shall immediately return the payment 14 to the sender, including, if possible, instructions detailing 15 where to send the support payments. 16 (d) The noticesrequiredunder subsections (c-10) and 17 (c-15) may be sent by ordinary mail, certified mail, return 18 receipt requested, facsimile transmission, or other 19 electronic process, or may be served upon the obligor or 20 payor using any method provided by law for service of a 21 summons.The Illinois Department of Public Aid shall provide22a copy of the notice to the obligee and to the clerk of the23court.24 (Source: P.A. 91-677, 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.If6there is any income available for withholding after7withholding for all current support obligations, the payor8shall allocate the income to past due support payments9ordered in cases in which cash assistance under the Illinois10Public Aid Code is not being provided to the obligee and then11to past due support payments ordered in cases in which cash12assistance under the Illinois Public Aid Code is being13provided 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 childand spousesupport 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 childand spousesupport 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 childand spousesupport 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 childand26spousesupport enforcement services under Article X of 27 the Illinois Public Aid Code; or 28 (2) no party to the order is receiving childand29spousesupport 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 childand spousesupport enforcement services under 3 Article X of the Illinois Public Aid Code; or 4 (2) no party to the order is receiving childand5spousesupport enforcement services, and the support 6 payments are being made through income withholding. 7 (c-5) If no party to the order is receiving childand8spousesupport 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. 34Within 15 days after the effective date of this amendatory-104- LRB9211345DJmbam01 1Act of the 91st General Assembly, the Illinois Department2shall provide written notice to the clerk of the circuit3court, the obligor, and, where applicable, the obligor's4payor to make payments to the State Disbursement Unit if:5(1) the order for support was entered before6October 1, 1999, and a party to the order is receiving7child and spouse support services under Article X of the8Illinois Public Aid Code; or9(2) no party to the order is receiving child and10spouse support services, and the support payments are11being 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 childand spousesupport 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 noticesrequiredunder subsections (c-10) and 28 (c-15) may be sent by ordinary mail, certified mail, return 29 receipt requested, facsimile transmission, or other 30 electronic process, or may be served upon the obligor or 31 payor using any method provided by law for service of a 32 summons.The Illinois Department of Public Aid shall provide33a copy of the notice to the obligee and to the clerk of the34court.-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 likesupport12 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.".