Public Act 096-0053
 		





SB0100 Enrolled
LRB096 03110 AJO 13126 b






    AN ACT concerning civil law.

 
    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 35 as follows:
 



    (750 ILCS 28/35)



    Sec. 35. Duties of payor. 

    (a) It shall be the duty of any payor who has
been served 
with an income withholding notice to deduct and pay over income 
as
provided
in
this Section.  The payor shall deduct the amount 
designated in the
income withholding notice, as supplemented by 
any
notice provided pursuant to subsection (f) of Section 45,

beginning
no later than the next payment of income which is 
payable or creditable to
the obligor
that occurs 14 days 
following the date the income withholding notice was
mailed, 
sent by facsimile or other electronic
means, or placed for 
personal delivery to or service on the
payor.  The payor may 
combine
all amounts withheld for the benefit of an obligee or 
public office into a
single payment and transmit the payment 
with a listing of obligors from
whom withholding has been 
effected. The payor shall pay the amount withheld
to the State 
Disbursement Unit within
7 business days after the date the

amount would (but for the duty to withhold income) have been 
paid or credited
to the obligor.  If the payor knowingly fails 
to withhold the amount designated
in the income
withholding 
notice or to pay any amount withheld to the
State
Disbursement 
Unit within
7 business days after the date the amount would 
have been paid or credited to
the
obligor, then the payor shall 
pay a penalty of $100 for each day that the
amount designated 
in the income withholding notice (whether or
not withheld by 
the payor) is not paid to the State Disbursement Unit after
the 
period of
7 business days has expired.  The failure of a payor, 
on
more than one
occasion, to pay amounts withheld to the State 
Disbursement Unit within
7 business days after the date the 
amount would have been paid or credited to
the
obligor creates 
a
presumption that the payor knowingly failed to pay over the 
amounts.  This
penalty may be collected in a civil action which 
may be brought against the
payor in favor of the obligee or 
public office.
A finding of a payor's nonperformance within the 
time required under
this Act must be documented by a certified 
mail return receipt
or a sheriff's or private process server's 
proof of service showing the date
the income withholding notice 
was served on the payor.
For purposes of this Act,
a withheld

amount shall be considered paid by a payor on the date it is 
mailed by the
payor, or on the date an electronic funds 
transfer of the amount has been
initiated by the payor, or on 
the date delivery of the amount has been
initiated by the 
payor. For each deduction, the payor shall provide the
State 
Disbursement Unit, at the time of
transmittal, with the date

the amount would (but for the duty to withhold income) have 
been paid or
credited to the obligor.

    After June 30, 2000, every payor that has 250 or more 
employees shall use
electronic funds transfer to pay all 
amounts withheld under this Section.
During the year
2001 and 
during each year thereafter, every payor that has fewer than 
250
employees
and that
withheld income under this Section 
pursuant to 10 or more income withholding
notices
during 
December of the preceding year shall use electronic funds 
transfer to
pay all
amounts withheld under this Section.

    Upon receipt of an income withholding notice requiring that 
a
minor child be named as a
beneficiary of a health insurance 
plan available through an employer or labor
union or trade 
union, the employer or labor union or trade union shall

immediately enroll the minor child as a beneficiary in the 
health insurance
plan designated by the income withholding 
notice. The
employer shall withhold any required
premiums and 
pay over any amounts so withheld and any additional amounts the

employer pays to the insurance carrier in a timely manner.  The 
employer or
labor union or trade union shall mail to the 
obligee, within 15 days of
enrollment or upon request, notice 
of the date of coverage, information on the
dependent coverage 
plan, and all forms necessary to obtain reimbursement for

covered health expenses, such as would be made available to a 
new employee.
When an order for dependent coverage is in effect 
and the insurance coverage is
terminated or changed for any 
reason, the employer or labor union or trade
union shall notify 
the obligee within 10 days of the termination or change date

along with notice of conversion privileges.

    For withholding of income, the payor shall be entitled to 
receive a fee
not to exceed $5 per month to be taken
from
the 
income to be paid to the
obligor.

    (b) Whenever the obligor is no longer receiving income from 
the payor,
the payor shall return a copy of the income 
withholding
notice to the obligee
or public office and shall 
provide information for the purpose of enforcing
this Act.

    (c) Withholding of income under this Act shall be made 
without
regard
to any prior or subsequent garnishments, 
attachments, wage assignments,
or any other claims of 
creditors.  Withholding of income
under this Act shall not be in 
excess of the maximum amounts
permitted under the federal 
Consumer Credit Protection Act.
Income available for 
withholding shall be applied first to the current
support 
obligation, then to any premium required for employer, labor 
union, or
trade union-related health insurance coverage 
ordered under the order for
support, and then to payments 
required on past-due support obligations.  If
there is 
insufficient available income remaining to pay the full amount 
of the
required health insurance premium after withholding of 
income for the current
support obligation, then the remaining 
available income shall be applied to
payments required on 
past-due support obligations.
If the payor has been served with 
more than one income
withholding notice
pertaining to the same 
obligor, the payor shall allocate income available
for 
withholding on a proportionate share basis, giving priority to 
current
support payments.
A payor who complies with an income 
withholding notice that is
regular on its
face shall not be 
subject to civil liability with respect to any individual,
any 
agency, or any creditor of the obligor for conduct in 
compliance with the
notice.

    (d) No payor shall discharge, discipline, refuse to hire or 
otherwise
penalize any obligor because of the duty to withhold 
income.

(Source: P.A. 92-590, eff. 7-1-02; 93-294, eff. 1-1-04.)






Effective Date:  1/1/2010