Public Act 098-0081
 
SB1169 EnrolledLRB098 02588 HEP 32593 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 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) in bold face type, the size of which
equals the 
    largest type on the notice, 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


        (10) (blank) 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 an income 
withholding notice and proof of service shall be filed with the 
Clerk of the Circuit Court only when necessary in connection 
with a petition to contest, modify, suspend, terminate, or 
correct an income withholding notice, an action to enforce 
income withholding against a payor, or the resolution of  other 
disputes involving an income withholding notice. The changes 
made to this subsection by this amendatory Act of the 96th 
General Assembly apply on and after September 1, 2009.

    (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. 96-858, eff. 1-8-10; 97-994, eff. 8-17-12.)

 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law. 
  


Effective Date:  7/15/2013