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Public Act 095-0468 |
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AN ACT in relation to child support.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Income Withholding for Support Act is | ||||
amended by changing Section 50 as follows:
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(750 ILCS 28/50)
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Sec. 50. Penalties.
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(a) Where a payor wilfully fails to withhold or pay
over | ||||
income pursuant to a properly served income withholding notice, | ||||
or
wilfully discharges,
disciplines, refuses to hire or | ||||
otherwise penalizes an obligor as
prohibited by Section 40, or | ||||
otherwise fails to comply with any
duties
imposed by this Act, | ||||
the obligee, public office or obligor, as
appropriate, may file | ||||
a complaint with the court against the payor. The
Clerk of the | ||||
Circuit Court shall notify the obligee or public office, as
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appropriate, and the obligor and payor of the time and place of | ||||
the hearing
on the complaint. The court shall resolve any | ||||
factual dispute including,
but not limited to, a denial that | ||||
the payor is paying or has paid income to
the obligor. Upon a | ||||
finding in favor of the complaining party, the court:
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(1) shall enter judgment and direct the enforcement | ||||
thereof for
the total amount that the payor wilfully failed | ||||
to withhold or pay over; and
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(2) may order employment or reinstatement of or | ||
restitution to the
obligor, or both, where the obligor has | ||
been discharged, disciplined,
denied employment or | ||
otherwise penalized by the payor and may impose a fine
upon | ||
the payor not to exceed $200.
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(b) Any obligee, public office or obligor who wilfully | ||
initiates a false
proceeding under this Act or who wilfully | ||
fails to comply with
the
requirements of this Act shall be | ||
punished as in cases of
contempt
of court.
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(c) Any officer or employee of any payor subject to the | ||
provisions of this Act who has the control, supervision, or | ||
responsibility for withholding and paying over income pursuant | ||
to an income withholding notice properly served on the payor | ||
and who wilfully fails to withhold or pay over income as | ||
required under the income withholding notice shall be | ||
personally liable for a penalty equal to the total amount that | ||
was not withheld or paid over by the payor. Only where the | ||
employer has incurred sums due under this Section and is unable | ||
to pay such amounts may personal liability attach to a | ||
responsible officer or employee who has willfully failed to | ||
withhold and pay over income as required under the income | ||
withholding notice. The personal liability imposed by this | ||
subsection shall survive the dissolution of a partnership, | ||
limited liability company, or corporation. For the purposes of | ||
this subsection, "officer or employee of any payor" includes a | ||
partner of a partnership, a manager or member of a limited |
liability corporation, and a member of a registered limited | ||
liability partnership.
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(Source: P.A. 90-673, eff. 1-1-99.)
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