Public Act 094-0043
 
HB0173 Enrolled LRB094 04153 LCB 34174 b

    AN ACT concerning families.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Income Withholding for Support Act is
amended by changing Section 20 as follows:
 
    (750 ILCS 28/20)
    Sec. 20. Entry of order for support containing income
withholding provisions; income withholding notice.
    (a) In addition to any content required under other laws,
every order for support entered on or after July 1, 1997,
shall:
        (1) Require an income withholding notice to be prepared
    and served immediately upon any payor of the obligor by the
    obligee or public office, unless a written agreement is
    reached between and signed by both parties providing for an
    alternative arrangement, approved and entered into the
    record by the court, which ensures payment of support. In
    that case, the order for support shall provide that an
    income withholding notice is to be prepared and served only
    if the obligor becomes delinquent in paying the order for
    support; and
        (2) Contain a dollar amount to be paid until payment in
    full of any delinquency that accrues after entry of the
    order for support. The amount for payment of delinquency
    shall not be less than 20% of the total of the current
    support amount and the amount to be paid periodically for
    payment of any arrearage stated in the order for support;
    and
        (3) Include the obligor's Social Security Number,
    which the obligor shall disclose to the court. If the
    obligor is not a United States citizen, the obligor shall
    disclose to the court, and the court shall include in the
    order for support, the obligor's alien registration
    number, passport number, and home country's social
    security or national health number, if applicable.
    (b) At the time the order for support is entered, the Clerk
of the Circuit Court shall provide a copy of the order to the
obligor and shall make copies available to the obligee and
public office.
    (c) The income withholding notice shall:
        (1) be in the standard format prescribed by the federal
    Department of Health and Human Services; and
        (1.1) state the date of entry of the order for support
    upon which the income withholding notice is based; and
        (2) direct any payor to withhold the dollar amount
    required for current support under the order for support;
    and
        (3) direct any payor to withhold the dollar amount
    required to be paid periodically under the order for
    support for payment of the amount of any arrearage stated
    in the order for support; and
        (4) direct any payor or labor union or trade union to
    enroll a child as a beneficiary of a health insurance plan
    and withhold or cause to be withheld, if applicable, any
    required premiums; and
        (5) state the amount of the payor income withholding
    fee specified under this Section; and
        (6) state that the amount actually withheld from the
    obligor's income for support and other purposes, including
    the payor withholding fee specified under this Section, may
    not be in excess of the maximum amount permitted under the
    federal Consumer Credit Protection Act; and
        (7) state the duties of the payor and the fines and
    penalties for failure to withhold and pay over income and
    for discharging, disciplining, refusing to hire, or
    otherwise penalizing the obligor because of the duty to
    withhold and pay over income under this Section; and
        (8) state the rights, remedies, and duties of the
    obligor under this Section; and
        (9) include the Social Security number of the obligor;
    and include the Social Security Numbers of the obligor, the
    obligee, and the child or children included in the order
    for support; and
        (10) include the date that withholding for current
    support terminates, which shall be the date of termination
    of the current support obligation set forth in the order
    for support; and
        (11) contain the signature of the obligee or the
    printed name and telephone number of the authorized
    representative of the public office, except that the
    failure to contain the signature of the obligee or the
    printed name and telephone number of the authorized
    representative of the public office shall not affect the
    validity of the income withholding notice; and
        (12) direct any payor to pay over amounts withheld for
    payment of support to the State Disbursement Unit.
    (d) The accrual of a delinquency as a condition for service
of an income withholding notice, under the exception to
immediate withholding in subsection (a) of this Section, shall
apply only to the initial service of an income withholding
notice on a payor of the obligor.
    (e) Notwithstanding the exception to immediate withholding
contained in subsection (a) of this Section, if the court finds
at the time of any hearing that an arrearage has accrued, the
court shall order immediate service of an income withholding
notice upon the payor.
    (f) If the order for support, under the exception to
immediate withholding contained in subsection (a) of this
Section, provides that an income withholding notice is to be
prepared and served only if the obligor becomes delinquent in
paying the order for support, the obligor may execute a written
waiver of that condition and request immediate service on the
payor.
    (g) The obligee or public office may serve the income
withholding notice on the payor or its superintendent, manager,
or other agent by ordinary mail or certified mail return
receipt requested, by facsimile transmission or other
electronic means, by personal delivery, or by any method
provided by law for service of a summons. At the time of
service on the payor and as notice that withholding has
commenced, the obligee or public office shall serve a copy of
the income withholding notice on the obligor by ordinary mail
addressed to his or her last known address. A copy of the
income withholding notice together with proofs of service on
the payor and the obligor shall be filed with the Clerk of the
Circuit Court.
    (h) At any time after the initial service of an income
withholding notice, any other payor of the obligor may be
served with the same income withholding notice without further
notice to the obligor. A copy of the income withholding notice
together with a proof of service on the other payor shall be
filed with the Clerk of the Circuit Court.
    (i) New service of an income withholding notice is not
required in order to resume withholding of income in the case
of an obligor with respect to whom an income withholding notice
was previously served on the payor if withholding of income was
terminated because of an interruption in the obligor's
employment of less than 180 days.
(Source: P.A. 90-673, eff. 1-1-99; incorporates P.A. 90-790,
eff. 8-14-98; 91-212, eff. 7-20-99; 91-357, eff. 7-29-99.)