Illinois General Assembly - Full Text of Public Act 095-0468
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Public Act 095-0468




Public Act 095-0468
HB0619 Enrolled LRB095 07308 DRJ 27447 b

    AN ACT in relation to child support.
    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 50 as follows:
    (750 ILCS 28/50)
    Sec. 50. Penalties.
    (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
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:
        (1) shall enter judgment and direct the enforcement
    thereof for the total amount that the payor wilfully failed
    to withhold or pay over; and
        (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.
    (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.
    (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.
(Source: P.A. 90-673, eff. 1-1-99.)

Effective Date: 6/1/2008