Public Act 90-0018 of the 90th General Assembly
Public Act 90-0018
HB1707 Enrolled LRB9902989SMpk
AN ACT regarding public welfare.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Administrative Procedure Act is
amended by changing Section 10-65 as follows:
(5 ILCS 100/10-65) (from Ch. 127, par. 1010-65)
Sec. 10-65. Licenses.
(a) When any licensing is required by law to be preceded
by notice and an opportunity for a hearing, the provisions of
this Act concerning contested cases shall apply.
(b) When a licensee has made timely and sufficient
application for the renewal of a license or a new license
with reference to any activity of a continuing nature, the
existing license shall continue in full force and effect
until the final agency decision on the application has been
made unless a later date is fixed by order of a reviewing
court.
(c) An application for the renewal of a license or a new
license shall include the applicant's social security number.
Each agency shall require the licensee to certify on the
renewal application form, under penalty of perjury, that he
or she is not more than 30 days delinquent in complying with
a child support order. Every renewal application shall state
that failure to so certify shall may result in disciplinary
action a denial of the renewal, and that making a false
statement may subject the licensee to contempt of court. The
agency shall notify each applicant or licensee who
acknowledges a delinquency or who, contrary to his or her
certification, is found to be delinquent or who after
receiving notice, fails to comply with a subpoena or warrant
relating to a paternity or a child support proceeding, that
the agency intends to take disciplinary action. Accordingly,
the agency shall provide written notice of the facts or
conduct upon which the agency will rely to support its
proposed action and the applicant or licensee shall be given
an opportunity for a hearing in accordance with the
provisions of the Act concerning contested cases. Any
delinquency in complying with a child support order can be
remedied by arranging for payment of past due and current
support. Any failure to comply with a subpoena or warrant
relating to a paternity or child support proceeding can be
remedied by complying with the subpoena or warrant. Upon a
final finding of delinquency or failure to comply with a
subpoena or warrant, the agency shall suspend, revoke, or
refuse to issue or renew the license. In cases in which the
Department of Public Aid has previously determined that an
applicant or a licensee or a potential licensee is more than
30 days delinquent in the payment of child support and has
subsequently certified the delinquency to the licensing
agency, the licensing agency shall may refuse to issue or
renew or shall may revoke or suspend that person's license or
may take other disciplinary action against that person based
solely upon the certification of delinquency made by the
Department of Public Aid. Further process, hearings, or
redetermination of the delinquency by the licensing agency
shall not be required. In cases regarding the renewal of a
license, The licensing agency may issue or shall not renew a
any license if the Department of Public Aid has certified the
licensee to be more than 30 days delinquent in the payment of
child support unless the licensee has arranged for payment of
past and current child support obligations in a manner
satisfactory to the Department of Public Aid. The licensing
agency may impose conditions, restrictions, or disciplinary
action upon that license renewal.
(d) Except as provided in subsection (c), no agency
shall revoke, suspend, annul, withdraw, amend materially, or
refuse to renew any valid license without first giving
written notice to the licensee of the facts or conduct upon
which the agency will rely to support its proposed action and
an opportunity for a hearing in accordance with the
provisions of this Act concerning contested cases. At the
hearing, the licensee shall have the right to show compliance
with all lawful requirements for the retention, continuation,
or renewal of the license. If, however, the agency finds
that the public interest, safety, or welfare imperatively
requires emergency action, and if the agency incorporates a
finding to that effect in its order, summary suspension of a
license may be ordered pending proceedings for revocation or
other action. Those proceedings shall be promptly instituted
and determined.
(e) Any application for renewal of a license that
contains required and relevant information, data, material,
or circumstances that were not contained in an application
for the existing license shall be subject to the provisions
of subsection (a).
(Source: P.A. 89-6, eff. 3-6-95.)
Section 10. The Intergovernmental Cooperation Act is
amended by changing Section 3 as follows:
(5 ILCS 220/3) (from Ch. 127, par. 743)
Sec. 3. Intergovernmental agreements. Any power or
powers, privileges or authority exercised or which may be
exercised by a public agency of this State may be exercised
and enjoyed jointly with any other public agency of this
State and jointly with any public agency of any other state
or of the United States to the extent that laws of such other
state or of the United States do not prohibit joint exercise
or enjoyment. This includes, but is not limited to, (i)
arrangements between the Illinois Student Assistance
Commission and agencies in other states which issue
professional licenses and (ii) agreements between the
Illinois Department of Public Aid and public agencies for the
establishment and enforcement of child support orders and for
the exchange of information that may be necessary for the
enforcement of those child support orders.
(Source: P.A. 89-6, eff. 3-6-95.)
Section 15. The Civil Administrative Code of Illinois is
amended by adding Section 43a.14 as follows:
(20 ILCS 1005/43a.14 new)
Sec. 43a.14. Exchange of information for child support
enforcement.
(a) To exchange with the Illinois Department of Public
Aid information that may be necessary for the enforcement of
child support orders entered pursuant to the Illinois Public
Aid Code, the Illinois Marriage and Dissolution of Marriage
Act, the Non-Support of Spouse and Children Act, the Revised
Uniform Reciprocal Enforcement of Support Act, the Uniform
Interstate Family Support Act, or the Illinois Parentage Act
of 1984.
(b) Notwithstanding any provisions in this Code to the
contrary, the Department of Employment Security shall not be
liable to any person for any disclosure of information to the
Illinois Department of Public Aid under subsection (a) or for
any other action taken in good faith to comply with the
requirements of subsection (a).
Section 20. The Civil Administrative Code of Illinois is
amended by changing Section 60 as follows:
(20 ILCS 2105/60) (from Ch. 127, par. 60)
Sec. 60. Powers and duties. The Department of
Professional Regulation shall have, subject to the provisions
of this Act, the following powers and duties:
1. To authorize examinations in English to ascertain the
qualifications and fitness of applicants to exercise the
profession, trade, or occupation for which the examination is
held.
2. To prescribe rules and regulations for a fair and
wholly impartial method of examination of candidates to
exercise the respective professions, trades, or occupations.
3. To pass upon the qualifications of applicants for
licenses, certificates, and authorities, whether by
examination, by reciprocity, or by endorsement.
4. To prescribe rules and regulations defining, for the
respective professions, trades, and occupations, what shall
constitute a school, college, or university, or department of
a university, or other institutions, reputable and in good
standing and to determine the reputability and good standing
of a school, college, or university, or department of a
university, or other institution, reputable and in good
standing by reference to a compliance with such rules and
regulations: provided, that no school, college, or
university, or department of a university or other
institution that refuses admittance to applicants solely on
account of race, color, creed, sex, or national origin shall
be considered reputable and in good standing.
5. To conduct hearings on proceedings to revoke,
suspend, refuse to renew, place on probationary status, or
take other disciplinary action as may be authorized in any
licensing Act administered by the Department with regard to
licenses, certificates, or authorities of persons exercising
the respective professions, trades, or occupations, and to
revoke, suspend, refuse to renew, place on probationary
status, or take other disciplinary action as may be
authorized in any licensing Act administered by the
Department with regard to such licenses, certificates, or
authorities. The Department shall issue a monthly
disciplinary report. The Department shall deny any license
or renewal authorized by this Act to any person who has
defaulted on an educational loan or scholarship provided by
or guaranteed by the Illinois Student Assistance Commission
or any governmental agency of this State; however, the
Department may issue a license or renewal if the
aforementioned persons have established a satisfactory
repayment record as determined by the Illinois Student
Assistance Commission or other appropriate governmental
agency of this State. Additionally, beginning June 1, 1996,
any license issued by the Department may be suspended or
revoked if the Department, after the opportunity for a
hearing under the appropriate licensing Act, finds that the
licensee has failed to make satisfactory repayment to the
Illinois Student Assistance Commission for a delinquent or
defaulted loan. For the purposes of this Section,
"satisfactory repayment record" shall be defined by rule. The
Department shall refuse to issue or renew a license to, or
shall suspend or revoke a license of, any person who, after
receiving notice, fails to comply with a subpoena or warrant
relating to a paternity or child support proceeding.
However, the Department may issue a license or renewal upon
compliance with the subpoena or warrant.
The Department, without further process or hearings,
shall revoke, suspend, or deny any license or renewal
authorized by this Act to a person who is certified by the
Illinois Department of Public Aid as being more than 30 days
delinquent in complying with a child support order; the
Department may, however, issue a license or renewal if the
person has established a satisfactory repayment record as
determined by the Illinois Department of Public Aid. The
Department may implement this paragraph as added by Public
Act 89-6 through the use of emergency rules in accordance
with Section 5-45 of the Illinois Administrative Procedure
Act. For purposes of the Illinois Administrative Procedure
Act, the adoption of rules to implement this paragraph shall
be considered an emergency and necessary for the public
interest, safety, and welfare.
6. To transfer jurisdiction of any realty under the
control of the Department to any other Department of the
State Government, or to acquire or accept Federal lands, when
such transfer, acquisition or acceptance is advantageous to
the State and is approved in writing by the Governor.
7. To formulate rules and regulations as may be
necessary for the enforcement of any act administered by the
Department.
8. To exchange with the Illinois Department of Public
Aid information that may be necessary for the enforcement of
child support orders entered pursuant to the Illinois Public
Aid Code, the Illinois Marriage and Dissolution of Marriage
Act, the Non-Support of Spouse and Children Act, the Revised
Uniform Reciprocal Enforcement of Support Act, the Uniform
Interstate Family Support Act, or the Illinois Parentage Act
of 1984. Notwithstanding any provisions in this Code to the
contrary, the Department of Professional Regulation shall not
be liable under any federal or State law to any person for
any disclosure of information to the Illinois Department of
Public Aid under this paragraph 8 or for any other action
taken in good faith to comply with the requirements of this
paragraph 8.
9. 8. To perform such other duties as may be prescribed
by law.
The Department may, when a fee is payable to the
Department for a wall certificate of registration provided by
the Department of Central Management Services, require that
portion of the payment for printing and distribution costs be
made directly or through the Department, to the Department of
Central Management Services for deposit in the Paper and
Printing Revolving Fund, the remainder shall be deposited in
the General Revenue Fund.
For the purpose of securing and preparing evidence, and
for the purchase of controlled substances, professional
services, and equipment necessary for enforcement activities,
recoupment of investigative costs and other activities
directed at suppressing the misuse and abuse of controlled
substances, including those activities set forth in Sections
504 and 508 of the Illinois Controlled Substances Act, the
Director and agents appointed and authorized by the Director
may expend such sums from the Professional Regulation
Evidence Fund as the Director deems necessary from the
amounts appropriated for that purpose and such sums may be
advanced to the agent when the Director deems such procedure
to be in the public interest. Sums for the purchase of
controlled substances, professional services, and equipment
necessary for enforcement activities and other activities as
set forth in this Section shall be advanced to the agent who
is to make such purchase from the Professional Regulation
Evidence Fund on vouchers signed by the Director. The
Director and such agents are authorized to maintain one or
more commercial checking accounts with any State banking
corporation or corporations organized under or subject to the
Illinois Banking Act for the deposit and withdrawal of moneys
to be used for the purposes set forth in this Section;
provided, that no check may be written nor any withdrawal
made from any such account except upon the written signatures
of 2 persons designated by the Director to write such checks
and make such withdrawals. Vouchers for such expenditures
must be signed by the Director and all such expenditures
shall be audited by the Director and the audit shall be
submitted to the Department of Central Management Services
for approval.
Whenever the Department is authorized or required by law
to consider some aspect of criminal history record
information for the purpose of carrying out its statutory
powers and responsibilities, then, upon request and payment
of fees in conformance with the requirements of subsection 22
of Section 55a of the Civil Administrative Code of Illinois,
the Department of State Police is authorized to furnish,
pursuant to positive identification, such information
contained in State files as is necessary to fulfill the
request.
The provisions of this Section do not apply to private
business and vocational schools as defined by Section 1 of
the Private Business and Vocational Schools Act.
Beginning July 1, 1995, this Section does not apply to
those professions, trades, and occupations licensed under the
Real Estate License Act of 1983 nor does it apply to any
permits, certificates, or other authorizations to do business
provided for in the Land Sales Registration Act of 1989 or
the Illinois Real Estate Time-Share Act.
(Source: P.A. 89-6, eff. 3-6-95; 89-23, eff. 7-1-95; 89-237,
eff. 8-4-95; 89-411, eff. 6-1-96; 89-626, eff. 8-9-96.)
Section 25. The Civil Administrative Code of Illinois is
amended by changing Section 39b12 as follows:
(20 ILCS 2505/39b12) (from Ch. 127, par. 39b12)
Sec. 39b12. Exchange of information.
(a) To exchange with any State, or local subdivisions
thereof, or with the federal government, except when
specifically prohibited by law, any information which may be
necessary to efficient tax administration and which may be
acquired as a result of the administration of the above laws.
(b) To exchange with the Illinois Department of Public
Aid information that may be necessary for the enforcement of
child support orders entered pursuant to the Illinois Public
Aid Code, the Illinois Marriage and Dissolution of Marriage
Act, the Non-Support of Spouse and Children Act, the Revised
Uniform Reciprocal Enforcement of Support Act, the Uniform
Interstate Family Support Act, or the Illinois Parentage Act
of 1984. Notwithstanding any provisions in this Code to the
contrary, the Department of Revenue shall not be liable to
any person for any disclosure of information to the Illinois
Department of Public Aid under this subsection (b) or for any
other action taken in good faith to comply with the
requirements of this subsection (b).
(Source: Laws 1953, p. 1439.)
Section 30. The Civil Administrative Code of Illinois is
amended by changing Section 55a as follows:
(20 ILCS 2605/55a) (from Ch. 127, par. 55a)
Sec. 55a. (A) The Department of State Police shall have
the following powers and duties, and those set forth in
Sections 55a-1 through 55c:
1. To exercise the rights, powers and duties which have
been vested in the Department of Public Safety by the State
Police Act.
2. To exercise the rights, powers and duties which have
been vested in the Department of Public Safety by the State
Police Radio Act.
3. To exercise the rights, powers and duties which have
been vested in the Department of Public Safety by the
Criminal Identification Act.
4. To (a) investigate the origins, activities, personnel
and incidents of crime and the ways and means to redress the
victims of crimes, and study the impact, if any, of
legislation relative to the effusion of crime and growing
crime rates, and enforce the criminal laws of this State
related thereto, (b) enforce all laws regulating the
production, sale, prescribing, manufacturing, administering,
transporting, having in possession, dispensing, delivering,
distributing, or use of controlled substances and cannabis,
(c) employ skilled experts, scientists, technicians,
investigators or otherwise specially qualified persons to aid
in preventing or detecting crime, apprehending criminals, or
preparing and presenting evidence of violations of the
criminal laws of the State, (d) cooperate with the police of
cities, villages and incorporated towns, and with the police
officers of any county, in enforcing the laws of the State
and in making arrests and recovering property, (e) apprehend
and deliver up any person charged in this State or any other
State of the United States with treason, felony, or other
crime, who has fled from justice and is found in this State,
and (f) conduct such other investigations as may be provided
by law. Persons exercising these powers within the Department
are conservators of the peace and as such have all the powers
possessed by policemen in cities and sheriffs, except that
they may exercise such powers anywhere in the State in
cooperation with and after contact with the local law
enforcement officials. Such persons may use false or
fictitious names in the performance of their duties under
this paragraph, upon approval of the Director, and shall not
be subject to prosecution under the criminal laws for such
use.
5. To: (a) be a central repository and custodian of
criminal statistics for the State, (b) be a central
repository for criminal history record information, (c)
procure and file for record such information as is necessary
and helpful to plan programs of crime prevention, law
enforcement and criminal justice, (d) procure and file for
record such copies of fingerprints, as may be required by
law, (e) establish general and field crime laboratories, (f)
register and file for record such information as may be
required by law for the issuance of firearm owner's
identification cards, (g) employ polygraph operators,
laboratory technicians and other specially qualified persons
to aid in the identification of criminal activity, and (h)
undertake such other identification, information, laboratory,
statistical or registration activities as may be required by
law.
6. To (a) acquire and operate one or more radio
broadcasting stations in the State to be used for police
purposes, (b) operate a statewide communications network to
gather and disseminate information for law enforcement
agencies, (c) operate an electronic data processing and
computer center for the storage and retrieval of data
pertaining to criminal activity, and (d) undertake such other
communication activities as may be required by law.
7. To provide, as may be required by law, assistance to
local law enforcement agencies through (a) training,
management and consultant services for local law enforcement
agencies, and (b) the pursuit of research and the publication
of studies pertaining to local law enforcement activities.
8. To exercise the rights, powers and duties which have
been vested in the Department of State Police and the
Director of the Department of State Police by the Narcotic
Control Division Abolition Act.
9. To exercise the rights, powers and duties which have
been vested in the Department of Public Safety by the
Illinois Vehicle Code.
10. To exercise the rights, powers and duties which have
been vested in the Department of Public Safety by the Firearm
Owners Identification Card Act.
11. To enforce and administer such other laws in
relation to law enforcement as may be vested in the
Department.
12. To transfer jurisdiction of any realty title to
which is held by the State of Illinois under the control of
the Department to any other department of the State
government or to the State Employees Housing Commission, or
to acquire or accept Federal land, when such transfer,
acquisition or acceptance is advantageous to the State and is
approved in writing by the Governor.
13. With the written approval of the Governor, to enter
into agreements with other departments created by this Act,
for the furlough of inmates of the penitentiary to such other
departments for their use in research programs being
conducted by them.
For the purpose of participating in such research
projects, the Department may extend the limits of any
inmate's place of confinement, when there is reasonable cause
to believe that the inmate will honor his or her trust by
authorizing the inmate, under prescribed conditions, to leave
the confines of the place unaccompanied by a custodial agent
of the Department. The Department shall make rules governing
the transfer of the inmate to the requesting other department
having the approved research project, and the return of such
inmate to the unextended confines of the penitentiary. Such
transfer shall be made only with the consent of the inmate.
The willful failure of a prisoner to remain within the
extended limits of his or her confinement or to return within
the time or manner prescribed to the place of confinement
designated by the Department in granting such extension shall
be deemed an escape from custody of the Department and
punishable as provided in Section 3-6-4 of the Unified Code
of Corrections.
14. To provide investigative services, with all of the
powers possessed by policemen in cities and sheriffs, in and
around all race tracks subject to the Horse Racing Act of
1975.
15. To expend such sums as the Director deems necessary
from Contractual Services appropriations for the Division of
Criminal Investigation for the purchase of evidence and for
the employment of persons to obtain evidence. Such sums shall
be advanced to agents authorized by the Director to expend
funds, on vouchers signed by the Director.
16. To assist victims and witnesses in gang crime
prosecutions through the administration of funds appropriated
from the Gang Violence Victims and Witnesses Fund to the
Department. Such funds shall be appropriated to the
Department and shall only be used to assist victims and
witnesses in gang crime prosecutions and such assistance may
include any of the following:
(a) temporary living costs;
(b) moving expenses;
(c) closing costs on the sale of private residence;
(d) first month's rent;
(e) security deposits;
(f) apartment location assistance;
(g) other expenses which the Department considers
appropriate; and
(h) compensation for any loss of or injury to real
or personal property resulting from a gang crime to a
maximum of $5,000, subject to the following provisions:
(1) in the case of loss of property, the
amount of compensation shall be measured by the
replacement cost of similar or like property which
has been incurred by and which is substantiated by
the property owner,
(2) in the case of injury to property, the
amount of compensation shall be measured by the cost
of repair incurred and which can be substantiated by
the property owner,
(3) compensation under this provision is a
secondary source of compensation and shall be
reduced by any amount the property owner receives
from any other source as compensation for the loss
or injury, including, but not limited to, personal
insurance coverage,
(4) no compensation may be awarded if the
property owner was an offender or an accomplice of
the offender, or if the award would unjustly benefit
the offender or offenders, or an accomplice of the
offender or offenders.
No victim or witness may receive such assistance if he or
she is not a part of or fails to fully cooperate in the
prosecution of gang crime members by law enforcement
authorities.
The Department shall promulgate any rules necessary for
the implementation of this amendatory Act of 1985.
17. To conduct arson investigations.
18. To develop a separate statewide statistical police
contact record keeping system for the study of juvenile
delinquency. The records of this police contact system shall
be limited to statistical information. No individually
identifiable information shall be maintained in the police
contact statistical record system.
19. To develop a separate statewide central adjudicatory
and dispositional records system for persons under 19 years
of age who have been adjudicated delinquent minors and to
make information available to local registered participating
police youth officers so that police youth officers will be
able to obtain rapid access to the juvenile's background from
other jurisdictions to the end that the police youth officers
can make appropriate dispositions which will best serve the
interest of the child and the community. Information
maintained in the adjudicatory and dispositional record
system shall be limited to the incidents or offenses for
which the minor was adjudicated delinquent by a court, and a
copy of the court's dispositional order. All individually
identifiable records in the adjudicatory and dispositional
records system shall be destroyed when the person reaches 19
years of age.
20. To develop rules which guarantee the confidentiality
of such individually identifiable adjudicatory and
dispositional records except when used for the following:
(a) by authorized juvenile court personnel or the
State's Attorney in connection with proceedings under the
Juvenile Court Act of 1987; or
(b) inquiries from registered police youth
officers.
For the purposes of this Act "police youth officer" means
a member of a duly organized State, county or municipal
police force who is assigned by his or her Superintendent,
Sheriff or chief of police, as the case may be, to specialize
in youth problems.
21. To develop administrative rules and administrative
hearing procedures which allow a minor, his or her attorney,
and his or her parents or guardian access to individually
identifiable adjudicatory and dispositional records for the
purpose of determining or challenging the accuracy of the
records. Final administrative decisions shall be subject to
the provisions of the Administrative Review Law.
22. To charge, collect, and receive fees or moneys
equivalent to the cost of providing Department of State
Police personnel, equipment, and services to local
governmental agencies when explicitly requested by a local
governmental agency and pursuant to an intergovernmental
agreement as provided by this Section, other State agencies,
and federal agencies, including but not limited to fees or
moneys equivalent to the cost of providing dispatching
services, radio and radar repair, and training to local
governmental agencies on such terms and conditions as in the
judgment of the Director are in the best interest of the
State; and to establish, charge, collect and receive fees or
moneys based on the cost of providing responses to requests
for criminal history record information pursuant to positive
identification and any Illinois or federal law authorizing
access to some aspect of such information and to prescribe
the form and manner for requesting and furnishing such
information to the requestor on such terms and conditions as
in the judgment of the Director are in the best interest of
the State, provided fees for requesting and furnishing
criminal history record information may be waived for
requests in the due administration of the criminal laws. The
Department may also charge, collect and receive fees or
moneys equivalent to the cost of providing electronic data
processing lines or related telecommunication services to
local governments, but only when such services can be
provided by the Department at a cost less than that
experienced by said local governments through other means.
All services provided by the Department shall be conducted
pursuant to contracts in accordance with the
Intergovernmental Cooperation Act, and all telecommunication
services shall be provided pursuant to the provisions of
Section 67.18 of this Code.
All fees received by the Department of State Police under
this Act or the Illinois Uniform Conviction Information Act
shall be deposited in a special fund in the State Treasury to
be known as the State Police Services Fund. The money
deposited in the State Police Services Fund shall be
appropriated to the Department of State Police for expenses
of the Department of State Police.
In addition to any other permitted use of moneys in the
Fund, and notwithstanding any restriction on the use of the
Fund, moneys in the State Police Services Fund may be
transferred to the General Revenue Fund as authorized by this
amendatory Act of 1992. The General Assembly finds that an
excess of moneys exists in the Fund. On February 1, 1992,
the Comptroller shall order transferred and the Treasurer
shall transfer $500,000 (or such lesser amount as may be on
deposit in the Fund and unexpended and unobligated on that
date) from the Fund to the General Revenue Fund.
Upon the completion of any audit of the Department of
State Police as prescribed by the Illinois State Auditing
Act, which audit includes an audit of the State Police
Services Fund, the Department of State Police shall make the
audit open to inspection by any interested person.
23. To exercise the powers and perform the duties which
have been vested in the Department of State Police by the
Intergovernmental Missing Child Recovery Act of 1984, and to
establish reasonable rules and regulations necessitated
thereby.
24. (a) To establish and maintain a statewide Law
Enforcement Agencies Data System (LEADS) for the purpose of
providing electronic access by authorized entities to
criminal justice data repositories and effecting an immediate
law enforcement response to reports of missing persons,
including lost, missing or runaway minors. The Department
shall implement an automatic data exchange system to compile,
to maintain and to make available to other law enforcement
agencies for immediate dissemination data which can assist
appropriate agencies in recovering missing persons and
provide access by authorized entities to various data
repositories available through LEADS for criminal justice and
related purposes. To assist the Department in this effort,
funds may be appropriated from the LEADS Maintenance Fund.
(b) In exercising its duties under this subsection, the
Department shall:
(1) provide a uniform reporting format for the
entry of pertinent information regarding the report of a
missing person into LEADS;
(2) develop and implement a policy whereby a
statewide or regional alert would be used in situations
relating to the disappearances of individuals, based on
criteria and in a format established by the Department.
Such a format shall include, but not be limited to, the
age of the missing person and the suspected circumstance
of the disappearance;
(3) notify all law enforcement agencies that
reports of missing persons shall be entered as soon as
the minimum level of data specified by the Department is
available to the reporting agency, and that no waiting
period for the entry of such data exists;
(4) compile and retain information regarding lost,
abducted, missing or runaway minors in a separate data
file, in a manner that allows such information to be used
by law enforcement and other agencies deemed appropriate
by the Director, for investigative purposes. Such
information shall include the disposition of all reported
lost, abducted, missing or runaway minor cases;
(5) compile and maintain an historic data
repository relating to lost, abducted, missing or runaway
minors and other missing persons in order to develop and
improve techniques utilized by law enforcement agencies
when responding to reports of missing persons; and
(6) create a quality control program regarding
confirmation of missing person data, timeliness of
entries of missing person reports into LEADS and
performance audits of all entering agencies.
25. On request of a school board or regional
superintendent of schools, to conduct an inquiry pursuant to
Section 10-21.9 or 34-18.5 of the School Code to ascertain if
an applicant for employment in a school district has been
convicted of any criminal or drug offenses enumerated in
Section 10-21.9 or 34-18.5 of the School Code. The
Department shall furnish such conviction information to the
President of the school board of the school district which
has requested the information, or if the information was
requested by the regional superintendent to that regional
superintendent.
26. To promulgate rules and regulations necessary for
the administration and enforcement of its powers and duties,
wherever granted and imposed, pursuant to the Illinois
Administrative Procedure Act.
27. To (a) promulgate rules pertaining to the
certification, revocation of certification and training of
law enforcement officers as electronic criminal surveillance
officers, (b) provide training and technical assistance to
State's Attorneys and local law enforcement agencies
pertaining to the interception of private oral
communications, (c) promulgate rules necessary for the
administration of Article 108B of the Code of Criminal
Procedure of 1963, including but not limited to standards for
recording and minimization of electronic criminal
surveillance intercepts, documentation required to be
maintained during an intercept, procedures in relation to
evidence developed by an intercept, and (d) charge a
reasonable fee to each law enforcement agency that sends
officers to receive training as electronic criminal
surveillance officers.
28. Upon the request of any private organization which
devotes a major portion of its time to the provision of
recreational, social, educational or child safety services to
children, to conduct, pursuant to positive identification,
criminal background investigations of all of that
organization's current employees, current volunteers,
prospective employees or prospective volunteers charged with
the care and custody of children during the provision of the
organization's services, and to report to the requesting
organization any record of convictions maintained in the
Department's files about such persons. The Department shall
charge an application fee, based on actual costs, for the
dissemination of conviction information pursuant to this
subsection. The Department is empowered to establish this
fee and shall prescribe the form and manner for requesting
and furnishing conviction information pursuant to this
subsection. Information received by the organization from the
Department concerning an individual shall be provided to such
individual. Any such information obtained by the
organization shall be confidential and may not be transmitted
outside the organization and may not be transmitted to anyone
within the organization except as needed for the purpose of
evaluating the individual. Only information and standards
which bear a reasonable and rational relation to the
performance of child care shall be used by the organization.
Any employee of the Department or any member, employee or
volunteer of the organization receiving confidential
information under this subsection who gives or causes to be
given any confidential information concerning any criminal
convictions of an individual shall be guilty of a Class A
misdemeanor unless release of such information is authorized
by this subsection.
29. Upon the request of the Department of Children and
Family Services, to investigate reports of child abuse or
neglect.
30. To obtain registration of a fictitious vital record
pursuant to Section 15.1 of the Vital Records Act.
31. To collect and disseminate information relating to
"hate crimes" as defined under Section 12-7.1 of the Criminal
Code of 1961 contingent upon the availability of State or
Federal funds to revise and upgrade the Illinois Uniform
Crime Reporting System. All law enforcement agencies shall
report monthly to the Department of State Police concerning
such offenses in such form and in such manner as may be
prescribed by rules and regulations adopted by the Department
of State Police. Such information shall be compiled by the
Department and be disseminated upon request to any local law
enforcement agency, unit of local government, or state
agency. Dissemination of such information shall be subject
to all confidentiality requirements otherwise imposed by law.
The Department of State Police shall provide training for
State Police officers in identifying, responding to, and
reporting all hate crimes. The Illinois Local Governmental
Law Enforcement Officer's Training Board shall develop and
certify a course of such training to be made available to
local law enforcement officers.
32. Upon the request of a private carrier company that
provides transportation under Section 28b of the Metropolitan
Transit Authority Act, to ascertain if an applicant for a
driver position has been convicted of any criminal or drug
offense enumerated in Section 28b of the Metropolitan Transit
Authority Act. The Department shall furnish the conviction
information to the private carrier company that requested the
information.
33. To apply for grants or contracts, receive, expend,
allocate, or disburse funds and moneys made available by
public or private entities, including, but not limited to,
contracts, bequests, grants, or receiving equipment from
corporations, foundations, or public or private institutions
of higher learning. All funds received by the Department
from these sources shall be deposited into the appropriate
fund in the State Treasury to be appropriated to the
Department for purposes as indicated by the grantor or
contractor or, in the case of funds or moneys bequeathed or
granted for no specific purpose, for any purpose as deemed
appropriate by the Director in administering the
responsibilities of the Department.
34. Upon the request of the Department of Children and
Family Services, the Department of State Police shall provide
properly designated employees of the Department of Children
and Family Services with criminal history record information
as defined in the Illinois Uniform Conviction Information Act
and information maintained in the adjudicatory and
dispositional record system as defined in subdivision (A)19
of this Section if the Department of Children and Family
Services determines the information is necessary to perform
its duties under the Abused and Neglected Child Reporting
Act, the Child Care Act of 1969, and the Children and Family
Services Act. The request shall be in the form and manner
specified by the Department of State Police.
(B) The Department of State Police may establish and
maintain, within the Department of State Police, a Statewide
Organized Criminal Gang Database (SWORD) for the purpose of
tracking organized criminal gangs and their memberships.
Information in the database may include, but not be limited
to, the name, last known address, birth date, physical
descriptions (such as scars, marks, or tattoos), officer
safety information, organized gang affiliation, and entering
agency identifier. The Department may develop, in
consultation with the Criminal Justice Information Authority,
and in a form and manner prescribed by the Department, an
automated data exchange system to compile, to maintain, and
to make this information electronically available to
prosecutors and to other law enforcement agencies. The
information may be used by authorized agencies to combat the
operations of organized criminal gangs statewide.
(C) The Department of State Police may ascertain the
number of bilingual police officers and other personnel
needed to provide services in a language other than English
and may establish, under applicable personnel rules and
Department guidelines or through a collective bargaining
agreement, a bilingual pay supplement program.
35. The Illinois Department of Public Aid is an
authorized entity under this Section for the purpose of
obtaining access to various data repositories available
through LEADS, to facilitate the location of individuals for
establishing paternity, and establishing, modifying, and
enforcing child support obligations, pursuant to the Public
Aid Code and Title IV, Section D of the Social Security Act.
The Department shall enter into an agreement with the
Illinois Department of Public Aid consistent with these
purposes.
(Source: P.A. 88-45; 88-427; 88-614; 89-54, eff. 6-30-95.)
Section 35. The Counties Code is amended by adding
Section 3-5036.5 as follows:
(55 ILCS 5/3-5036.5 new)
Sec. 3-5036.5. Exchange of information for child support
enforcement.
(a) The Recorder shall exchange with the Illinois
Department of Public Aid information that may be necessary
for the enforcement of child support orders entered pursuant
to the Illinois Public Aid Code, the Illinois Marriage and
Dissolution of Marriage Act, the Non-Support of Spouse and
Children Act, the Revised Uniform Reciprocal Enforcement of
Support Act, the Uniform Interstate Family Support Act, or
the Illinois Parentage Act of 1984.
(b) Notwithstanding any provisions in this Code to the
contrary, the Recorder shall not be liable to any person for
any disclosure of information to the Illinois Department of
Public Aid under subsection (a) or for any other action taken
in good faith to comply with the requirements of subsection
(a).
Section 40. The Illinois Banking Act is amended by
changing Section 48.1 and adding Section 48.4 as follows:
(205 ILCS 5/48.1) (from Ch. 17, par. 360)
Sec. 48.1. Customer financial records; confidentiality.
(a) For the purpose of this Section, the term "financial
records" means any original, any copy, or any summary of (1)
a document granting signature authority over a deposit or
account, (2) a statement, ledger card or other record on any
deposit or account, which shows each transaction in or with
respect to that account, (3) a check, draft or money order
drawn on a bank or issued and payable by a bank, or (4) any
other item containing information pertaining to any
relationship established in the ordinary course of a bank's
business between a bank and its customer.
(b) This Section does not prohibit:
(1) The preparation, examination, handling or
maintenance of any financial records by any officer,
employee or agent of a bank having custody of the
records, or the examination of the records by a certified
public accountant engaged by the bank to perform an
independent audit.
(2) The examination of any financial records by, or
the furnishing of financial records by a bank to, any
officer, employee or agent of (i) the Commissioner of
Banks and Real Estate, (ii) after May 31, 1997, a state
regulatory authority authorized to examine a branch of a
State bank located in another state, (iii) the
Comptroller of the Currency, (iv) the Federal Reserve
Board, or (v) the Federal Deposit Insurance Corporation
for use solely in the exercise of his duties as an
officer, employee, or agent.
(3) The publication of data furnished from
financial records relating to customers where the data
cannot be identified to any particular customer or
account.
(4) The making of reports or returns required under
Chapter 61 of the Internal Revenue Code of 1986.
(5) Furnishing information concerning the dishonor
of any negotiable instrument permitted to be disclosed
under the Uniform Commercial Code.
(6) The exchange in the regular course of business
of credit information between a bank and other banks or
financial institutions or commercial enterprises,
directly or through a consumer reporting agency.
(7) The furnishing of information to the
appropriate law enforcement authorities where the bank
reasonably believes it has been the victim of a crime.
(8) The furnishing of information under the Uniform
Disposition of Unclaimed Property Act.
(9) The furnishing of information under the
Illinois Income Tax Act and the Illinois Estate and
Generation-Skipping Transfer Tax Act.
(10) The furnishing of information under the
federal Currency and Foreign Transactions Reporting Act
Title 31, United States Code, Section 1051 et seq.
(11) The furnishing of information under any other
statute that by its terms or by regulations promulgated
thereunder requires the disclosure of financial records
other than by subpoena, summons, warrant, or court order.
(12) The furnishing of information about the
existence of an account of a person to a judgment
creditor of that person who has made a written request
for that information.
(13) The exchange in the regular course of business
of information between commonly owned banks in connection
with a transaction authorized under paragraph (23) of
Section 5 and conducted at an affiliate facility.
(14) The furnishing of information in accordance
with the federal Personal Responsibility and Work
Opportunity Reconciliation Act of 1996. Any bank governed
by this Act shall enter into an agreement for data
exchanges with a State agency provided the State agency
pays to the bank a reasonable fee not to exceed its
actual cost incurred. A bank providing information in
accordance with this item shall not be liable to any
account holder or other person for any disclosure of
information to a State agency, for encumbering or
surrendering any assets held by the bank in response to a
lien or order to withhold and deliver issued by a State
agency, or for any other action taken pursuant to this
item, including individual or mechanical errors, provided
the action does not constitute gross negligence or
willful misconduct. A bank shall have no obligation to
hold, encumber, or surrender assets until it has been
served with a subpoena, summons, warrant, court or
administrative order, lien, or levy.
(c) A bank may not disclose to any person, except to the
customer or his duly authorized agent, any financial records
relating to that customer of that bank unless:
(1) the customer has authorized disclosure to the
person;
(2) the financial records are disclosed in response
to a lawful subpoena, summons, warrant or court order
which meets the requirements of subsection (d) of this
Section; or
(3) the bank is attempting to collect an obligation
owed to the bank and the bank complies with the
provisions of Section 2I of the Consumer Fraud and
Deceptive Business Practices Act.
(d) A bank shall disclose financial records under
paragraph (2) of subsection (c) of this Section under a
lawful subpoena, summons, warrant, or court order only after
the bank mails a copy of the subpoena, summons, warrant, or
court order to the person establishing the relationship with
the bank, if living, and, otherwise his personal
representative, if known, at his last known address by first
class mail, postage prepaid, unless the bank is specifically
prohibited from notifying the person by order of court or by
applicable State or federal law. A bank shall not mail a
copy of a subpoena to any person pursuant to this subsection
if the subpoena was issued by a grand jury under the
Statewide Grand Jury Act.
(e) Any officer or employee of a bank who knowingly and
willfully furnishes financial records in violation of this
Section is guilty of a business offense and, upon conviction,
shall be fined not more than $1,000.
(f) Any person who knowingly and willfully induces or
attempts to induce any officer or employee of a bank to
disclose financial records in violation of this Section is
guilty of a business offense and, upon conviction, shall be
fined not more than $1,000.
(g) A bank shall be reimbursed for costs that are
reasonably necessary and that have been directly incurred in
searching for, reproducing, or transporting books, papers,
records, or other data of a customer required or requested to
be produced pursuant to a lawful subpoena, summons, warrant,
or court order. The Commissioner shall determine the rates
and conditions under which payment may be made.
(Source: P.A. 88-273; 89-208, eff. 9-29-95; 89-364, eff.
8-18-95; 89-508, eff. 7-3-96; 89-626, eff. 8-9-96.)
(205 ILCS 5/48.4 new)
Sec. 48.4. Administrative liens for past-due child
support. Any bank governed by this Act shall encumber or
surrender accounts or assets held by the bank on behalf of
any responsible relative who is subject to a child support
lien, upon notice of the lien or levy of the Illinois
Department of Public Aid or its successor agency pursuant to
Section 10-25.5 of the Illinois Public Aid Code, or upon
notice of interstate lien from any other state's agency
responsible for implementing the child support enforcement
program set forth in Title IV, Part D of the Social Security
Act.
Section 43. The Illinois Savings and Loan Act of 1985 is
amended by changing Section 3-8 and adding Section 1-6d as
follows:
(205 ILCS 105/1-6d new)
Sec. 1-6d. Administrative liens for past-due child
support. Any association governed by this Act shall encumber
or surrender accounts or assets held by the association on
behalf of any responsible relative who is subject to a child
support lien, upon notice of the lien or levy of the Illinois
Department of Public Aid or its successor agency pursuant to
Section 10-25.5 of the Illinois Public Aid Code, or upon
notice of interstate lien from any other state's agency
responsible for implementing the child support enforcement
program set forth in Title IV, Part D of the Social Security
Act.
(205 ILCS 105/3-8) (from Ch. 17, par. 3303-8)
Sec. 3-8. Access to books and records; communication
with members.
(a) Every member or holder of capital shall have the
right to inspect the books and records of the association
that pertain to his account. Otherwise, the right of
inspection and examination of the books and records shall be
limited as provided in this Act, and no other person shall
have access to the books and records or shall be entitled to
a list of the members.
(b) For the purpose of this Section, the term "financial
records" means any original, any copy, or any summary of (i)
a document granting signature authority over a deposit or
account; (ii) a statement, ledger card, or other record on
any deposit or account that shows each transaction in or with
respect to that account; (iii) a check, draft, or money order
drawn on an association or issued and payable by an
association; or (iv) any other item containing information
pertaining to any relationship established in the ordinary
course of an association's business between an association
and its customer.
(c) This Section does not prohibit:
(1) The preparation, examination, handling, or
maintenance of any financial records by any officer,
employee, or agent of an association having custody of
those records or the examination of those records by a
certified public accountant engaged by the association to
perform an independent audit;
(2) The examination of any financial records by, or
the furnishing of financial records by an association to,
any officer, employee, or agent of the Commissioner of
Banks and Real Estate, Federal Savings and Loan Insurance
Corporation and its successors, Federal Deposit Insurance
Corporation, Resolution Trust Corporation and its
successors, Federal Home Loan Bank Board and its
successors, Office of Thrift Supervision, Federal Housing
Finance Board, Board of Governors of the Federal Reserve
System, any Federal Reserve Bank, or the Office of the
Comptroller of the Currency for use solely in the
exercise of his duties as an officer, employee, or agent;
(3) The publication of data furnished from
financial records relating to members or holders of
capital where the data cannot be identified to any
particular member, holder of capital, or account;
(4) The making of reports or returns required under
Chapter 61 of the Internal Revenue Code of 1986;
(5) Furnishing information concerning the dishonor
of any negotiable instrument permitted to be disclosed
under the Uniform Commercial Code;
(6) The exchange in the regular course of business
of credit information between an association and other
associations or financial institutions or commercial
enterprises, directly or through a consumer reporting
agency;
(7) The furnishing of information to the
appropriate law enforcement authorities where the
association reasonably believes it has been the victim of
a crime;
(8) The furnishing of information pursuant to the
Uniform Disposition of Unclaimed Property Act;
(9) The furnishing of information pursuant to the
Illinois Income Tax Act and the Illinois Estate and
Generation-Skipping Transfer Tax Act;
(10) The furnishing of information pursuant to the
federal "Currency and Foreign Transactions Reporting
Act", (Title 31, United States Code, Section 1051 et
seq.);
(11) The furnishing of information pursuant to any
other statute that by its terms or by regulations
promulgated thereunder requires the disclosure of
financial records other than by subpoena, summons,
warrant, or court order;
(12) The exchange of information between an
association and an affiliate of the association; as used
in this item, "affiliate" includes any company,
partnership, or organization that controls, is controlled
by, or is under common control with an association.
(13) The furnishing of information in accordance
with the federal Personal Responsibility and Work
Opportunity Reconciliation Act of 1996. Any association
governed by this Act shall enter into an agreement for
data exchanges with a State agency provided the State
agency pays to the association a reasonable fee not to
exceed its actual cost incurred. An association
providing information in accordance with this item shall
not be liable to any account holder or other person for
any disclosure of information to a State agency, for
encumbering or surrendering any assets held by the
association in response to a lien or order to withhold
and deliver issued by a State agency, or for any other
action taken pursuant to this item, including individual
or mechanical errors, provided the action does not
constitute gross negligence or willful misconduct. An
association shall have no obligation to hold, encumber,
or surrender assets until it has been served with a
subpoena, summons, warrant, court or administrative
order, lien, or levy.
(d) An association may not disclose to any person,
except to the member or holder of capital or his duly
authorized agent, any financial records relating to that
member or holder of capital of that association unless:
(1) The member or holder of capital has authorized
disclosure to the person; or
(2) The financial records are disclosed in response
to a lawful subpoena, summons, warrant, or court order
that meets the requirements of subsection (e) of this
Section.
(e) An association shall disclose financial records
under subsection (d) of this Section pursuant to a lawful
subpoena, summons, warrant, or court order only after the
association mails a copy of the subpoena, summons, warrant,
or court order to the person establishing the relationship
with the association, if living, and, otherwise, his personal
representative, if known, at his last known address by first
class mail, postage prepaid, unless the association is
specifically prohibited from notifying that person by order
of court.
(f) (1) Any officer or employee of an association who
knowingly and willfully furnishes financial records in
violation of this Section is guilty of a business offense
and, upon conviction, shall be fined not more than $1,000.
(2) Any person who knowingly and willfully induces or
attempts to induce any officer or employee of an association
to disclose financial records in violation of this Section is
guilty of a business offense and, upon conviction, shall be
fined not more than $1,000.
(g) However, if any member desires to communicate with
the other members of the association with reference to any
question pending or to be presented at a meeting of the
members, the association shall give him upon request a
statement of the approximate number of members entitled to
vote at the meeting and an estimate of the cost of preparing
and mailing the communication. The requesting member then
shall submit the communication to the Commissioner who, if he
finds it to be appropriate and truthful, shall direct that it
be prepared and mailed to the members upon the requesting
member's payment or adequate provision for payment of the
expenses of preparation and mailing.
(h) An Association shall be reimbursed for costs that
are necessary and that have been directly incurred in
searching for, reproducing, or transporting books, papers,
records, or other data of a customer required to be
reproduced pursuant to a lawful subpoena, warrant, or court
order.
(Source: P.A. 88-222; 89-508, eff. 7-3-96.)
Section 45. The Savings Bank Act is amended by changing
Section 4013 and adding Section 7007 as follows:
(205 ILCS 205/4013) (from Ch. 17, par. 7304-13)
Sec. 4013. Access to books and records; communication
with members and shareholders.
(a) Every member or shareholder shall have the right to
inspect books and records of the savings bank that pertain to
his accounts. Otherwise, the right of inspection and
examination of the books and records shall be limited as
provided in this Act, and no other person shall have access
to the books and records nor shall be entitled to a list of
the members or shareholders.
(b) For the purpose of this Section, the term "financial
records" means any original, any copy, or any summary of (1)
a document granting signature authority over a deposit or
account; (2) a statement, ledger card, or other record on any
deposit or account that shows each transaction in or with
respect to that account; (3) a check, draft, or money order
drawn on a savings bank or issued and payable by a savings
bank; or (4) any other item containing information pertaining
to any relationship established in the ordinary course of a
savings bank's business between a savings bank and its
customer.
(c) This Section does not prohibit:
(1) The preparation examination, handling, or
maintenance of any financial records by any officer,
employee, or agent of a savings bank having custody of
records or examination of records by a certified public
accountant engaged by the savings bank to perform an
independent audit.
(2) The examination of any financial records by, or
the furnishing of financial records by a savings bank to,
any officer, employee, or agent of the Commissioner of
Banks and Real Estate or the Federal Deposit Insurance
Corporation for use solely in the exercise of his duties
as an officer, employee, or agent.
(3) The publication of data furnished from
financial records relating to members or holders of
capital where the data cannot be identified to any
particular member, shareholder, or account.
(4) The making of reports or returns required under
Chapter 61 of the Internal Revenue Code of 1986.
(5) Furnishing information concerning the dishonor
of any negotiable instrument permitted to be disclosed
under the Uniform Commercial Code.
(6) The exchange in the regular course of business
of credit information between a savings bank and other
savings banks or financial institutions or commercial
enterprises, directly or through a consumer reporting
agency.
(7) The furnishing of information to the
appropriate law enforcement authorities where the savings
bank reasonably believes it has been the victim of a
crime.
(8) The furnishing of information pursuant to the
Uniform Disposition of Unclaimed Property Act.
(9) The furnishing of information pursuant to the
Illinois Income Tax Act and the Illinois Estate and
Generation-Skipping Transfer Tax Act.
(10) The furnishing of information pursuant to the
federal "Currency and Foreign Transactions Reporting
Act", (Title 31, United States Code, Section 1051 et
seq.).
(11) The furnishing of information pursuant to any
other statute which by its terms or by regulations
promulgated thereunder requires the disclosure of
financial records other than by subpoena, summons,
warrant, or court order.
(12) The furnishing of information in accordance
with the federal Personal Responsibility and Work
Opportunity Reconciliation Act of 1996. Any savings bank
governed by this Act shall enter into an agreement for
data exchanges with a State agency provided the State
agency pays to the savings bank a reasonable fee not to
exceed its actual cost incurred. A savings bank
providing information in accordance with this item shall
not be liable to any account holder or other person for
any disclosure of information to a State agency, for
encumbering or surrendering any assets held by the
savings bank in response to a lien or order to withhold
and deliver issued by a State agency, or for any other
action taken pursuant to this item, including individual
or mechanical errors, provided the action does not
constitute gross negligence or willful misconduct. A
savings bank shall have no obligation to hold, encumber,
or surrender assets until it has been served with a
subpoena, summons, warrant, court or administrative
order, lien, or levy.
(d) A savings bank may not disclose to any person,
except to the member or holder of capital or his duly
authorized agent, any financial records relating to that
member or shareholder of the savings bank unless:
(1) the member or shareholder has authorized
disclosure to the person; or
(2) the financial records are disclosed in response
to a lawful subpoena, summons, warrant, or court order
that meets the requirements of subsection (e) of this
Section.
(e) A savings bank shall disclose financial records
under subsection (d) of this Section pursuant to a lawful
subpoena, summons, warrant, or court order only after the
savings bank mails a copy of the subpoena, summons, warrant,
or court order to the person establishing the relationship
with the savings bank, if living, and otherwise, his personal
representative, if known, at his last known address by first
class mail, postage prepaid, unless the savings bank is
specifically prohibited from notifying the person by order of
court.
(f) Any officer or employee of a savings bank who
knowingly and willfully furnishes financial records in
violation of this Section is guilty of a business offense
and, upon conviction, shall be fined not more than $1,000.
(g) Any person who knowingly and willfully induces or
attempts to induce any officer or employee of a savings bank
to disclose financial records in violation of this Section is
guilty of a business offense and, upon conviction, shall be
fined not more than $1,000.
(h) If any member or shareholder desires to communicate
with the other members or shareholders of the savings bank
with reference to any question pending or to be presented at
an annual or special meeting, the savings bank shall give
that person, upon request, a statement of the approximate
number of members or shareholders entitled to vote at the
meeting and an estimate of the cost of preparing and mailing
the communication. The requesting member shall submit the
communication to the Commissioner who, upon finding it to be
appropriate and truthful, shall direct that it be prepared
and mailed to the members upon the requesting member's or
shareholder's payment or adequate provision for payment of
the expenses of preparation and mailing.
(i) A savings bank shall be reimbursed for costs that
are necessary and that have been directly incurred in
searching for, reproducing, or transporting books, papers,
records, or other data of a customer required to be
reproduced pursuant to a lawful subpoena, warrant, or court
order.
(j) Notwithstanding the provisions of this Section, a
savings bank may sell or otherwise make use of lists of
customers' names and addresses. All other information
regarding a customer's account are subject to the disclosure
provisions of this Section. At the request of any customer,
that customer's name and address shall be deleted from any
list that is to be sold or used in any other manner beyond
identification of the customer's accounts.
(Source: P.A. 89-508, eff. 7-3-96.)
(205 ILCS 205/7007 new)
Sec. 7007. Administrative liens for past-due child
support. Any savings bank governed by this Act shall
encumber or surrender accounts or assets held by the savings
bank on behalf of any responsible relative who is subject to
a child support lien, upon notice of the lien or levy of the
Illinois Department of Public Aid or its successor agency
pursuant to Section 10-25.5 of the Illinois Public Aid Code,
or upon notice of interstate lien from any other state's
agency responsible for implementing the child support
enforcement program set forth in Title IV, Part D of the
Social Security Act.
Section 50. The Illinois Credit Union Act is amended by
changing Section 10 and adding Section 43.1 as follows:
(205 ILCS 305/10) (from Ch. 17, par. 4411)
Sec. 10. Credit union records; member financial records.
(1) A credit union shall establish and maintain books,
records, accounting systems and procedures which accurately
reflect its operations and which enable the Department to
readily ascertain the true financial condition of the credit
union and whether it is complying with this Act.
(2) A photostatic or photographic reproduction of any
credit union records shall be admissible as evidence of
transactions with the credit union.
(3) (a) For the purpose of this Section, the term
"financial records" means any original, any copy, or any
summary of (1) a document granting signature authority
over an account, (2) a statement, ledger card or other
record on any account which shows each transaction in or
with respect to that account, (3) a check, draft or money
order drawn on a financial institution or other entity or
issued and payable by or through a financial institution
or other entity, or (4) any other item containing
information pertaining to any relationship established in
the ordinary course of business between a credit union
and its member.
(b) This Section does not prohibit:
(1) The preparation, examination, handling or
maintenance of any financial records by any officer,
employee or agent of a credit union having custody
of such records, or the examination of such records
by a certified public accountant engaged by the
credit union to perform an independent audit;
(2) The examination of any financial records
by or the furnishing of financial records by a
credit union to any officer, employee or agent of
the Department, the National Credit Union
Administration, Federal Reserve board or any insurer
of share accounts for use solely in the exercise of
his duties as an officer, employee or agent;
(3) The publication of data furnished from
financial records relating to members where the data
cannot be identified to any particular customer of
account;
(4) The making of reports or returns required
under Chapter 61 of the Internal Revenue Code of
1954;
(5) Furnishing information concerning the
dishonor of any negotiable instrument permitted to
be disclosed under the Uniform Commercial Code;
(6) The exchange in the regular course of
business of credit information between a credit
union and other credit unions or financial
institutions or commercial enterprises, directly or
through a consumer reporting agency;
(7) The furnishing of information to the
appropriate law enforcement authorities where the
credit union reasonably believes it has been the
victim of a crime;
(8) The furnishing of information pursuant to
the Uniform Disposition of Unclaimed Property Act;
(9) The furnishing of information pursuant to
the Illinois Income Tax Act and the Illinois Estate
and Generation-Skipping Transfer Tax Act;
(10) The furnishing of information pursuant to
the federal "Currency and Foreign Transactions
Reporting Act", Title 31, United States Code,
Section 1051 et sequentia; or
(11) The furnishing of information pursuant to
any other statute which by its terms or by
regulations promulgated thereunder requires the
disclosure of financial records other than by
subpoena, summons, warrant or court order.
(12) The furnishing of information in
accordance with the federal Personal Responsibility
and Work Opportunity Reconciliation Act of 1996. Any
credit union governed by this Act shall enter into
an agreement for data exchanges with a State agency
provided the State agency pays to the credit union a
reasonable fee not to exceed its actual cost
incurred. A credit union providing information in
accordance with this item shall not be liable to any
account holder or other person for any disclosure of
information to a State agency, for encumbering or
surrendering any assets held by the credit union in
response to a lien or order to withhold and deliver
issued by a State agency, or for any other action
taken pursuant to this item, including individual or
mechanical errors, provided the action does not
constitute gross negligence or willful misconduct. A
credit union shall have no obligation to hold,
encumber, or surrender assets until it has been
served with a subpoena, summons, warrant, court or
administrative order, lien, or levy.
(c) A credit union may not disclose to any person,
except to the member or his duly authorized agent, any
financial records relating to that member of the credit union
unless:
(1) the member has authorized disclosure to the
person;
(2) the financial records are disclosed in response
to a lawful subpoena, summons, warrant or court order
that meets the requirements of subparagraph (d) of this
Section; or
(3) the credit union is attempting to collect an
obligation owed to the credit union and the credit union
complies with the provisions of Section 2I of the
Consumer Fraud and Deceptive Business Practices Act.
(d) A credit union shall disclose financial records
under subparagraph (c)(2) of this Section pursuant to a
lawful subpoena, summons, warrant or court order only after
the credit union mails a copy of the subpoena, summons,
warrant or court order to the person establishing the
relationship with the credit union, if living, and otherwise
his personal representative, if known, at his last known
address by first class mail, postage prepaid unless the
credit union is specifically prohibited from notifying the
person by order of court or by applicable State or federal
law. In the case of a grand jury subpoena, a credit union
shall not mail a copy of a subpoena to any person pursuant to
this subsection if the subpoena was issued by a grand jury
under the Statewide Grand Jury Act or notifying the person
would constitute a violation of the federal Right to
Financial Privacy Act of 1978.
(e) (1) Any officer or employee of a credit union who
knowingly and wilfully furnishes financial records in
violation of this Section is guilty of a business offense
and upon conviction thereof shall be fined not more than
$1,000.
(2) Any person who knowingly and wilfully induces
or attempts to induce any officer or employee of a credit
union to disclose financial records in violation of this
Section is guilty of a business offense and upon
conviction thereof shall be fined not more than $1,000.
(f) A credit union shall be reimbursed for costs which
are reasonably necessary and which have been directly
incurred in searching for, reproducing or transporting books,
papers, records or other data of a member required or
requested to be produced pursuant to a lawful subpoena,
summons, warrant or court order.
(Source: P.A. 89-603, eff. 8-2-96.)
(205 ILCS 305/43.1 new)
Sec. 43.1. Administrative liens for past-due child
support. Any credit union governed by this Act shall
encumber or surrender accounts or assets held by the credit
union on behalf of any responsible relative who is subject to
a child support lien, upon notice of the lien or levy of the
Illinois Department of Public Aid or its successor agency
pursuant to Section 10-25.5 of the Illinois Public Aid Code,
or upon notice of interstate lien from any other state's
agency responsible for implementing the child support
enforcement program set forth in Title IV, Part D of the
Social Security Act.
Section 55. The Foreign Banking Office Act is amended by
changing Section 3 and adding Section 20 as follows:
(205 ILCS 645/3) (from Ch. 17, par. 2710)
(Text of Section before amendment by P.A. 89-208)
Sec. 3. Certificates of authority; qualifications;
rights. A foreign banking corporation, upon receipt of a
certificate of authority from the Commissioner, may establish
and maintain a single banking office in the central business
district of Chicago to conduct thereat a general banking
business and may apply for, and procure from the
Commissioner, a certificate of authority to conduct thereat a
trust business pursuant to the Corporate Fiduciary Act. No
such foreign banking corporation is, however, entitled to a
certificate of authority under this Act unless, under the
laws of the country under which such foreign banking
corporation was organized, a State bank and a national bank
may be authorized to maintain a banking office which may
engage in a general banking business or may be authorized to
own all the shares (except for directors' qualifying shares)
of a banking organization organized under the laws of such
country.
Upon receipt of a certificate of authority under this
Act, a foreign banking corporation may conduct its banking
business in this State with the same, but no greater, rights
and privileges as a State bank, and except as otherwise
provided in this Act, subject to the same duties,
restrictions, penalties and liabilities now or hereafter
imposed under the Illinois Banking Act upon a State bank;
provided, however, that said rights and privileges shall not
be construed to include the establishment of branches under
paragraph (15) of Section 5 of the Illinois Banking Act. Any
such banking office shall be maintained subject to
supervision and examination by the Commissioner and such
reports and examinations as are required of State banks under
the Illinois Banking Act applicable to such banking office.
(Source: P.A. 88-271; 89-364, eff. 8-18-95; 89-626, eff.
8-9-96.)
(Text of Section after amendment by P.A. 89-208)
Sec. 3. Certificates of authority; qualifications;
rights; supervision. A foreign banking corporation, upon
receipt of a certificate of authority from the Commissioner,
may establish and maintain an Illinois banking office to
conduct thereat a general banking business and may apply for,
and procure from the Commissioner, a certificate of authority
to conduct thereat a trust business pursuant to the Corporate
Fiduciary Act. No such foreign banking corporation is,
however, entitled to a certificate of authority under this
Act unless, under the laws of the country under which such
foreign banking corporation was organized, a State bank and a
national bank may be authorized to maintain a banking office
which may engage in a general banking business or may be
authorized to own all the shares (except for directors'
qualifying shares) of a banking organization organized under
the laws of such country.
Upon receipt of a certificate of authority under this
Act, a foreign banking corporation may conduct its banking
business in this State with the same, but no greater, rights
and privileges as a State bank, and except as otherwise
provided in this Act, subject to the same duties,
restrictions, penalties and liabilities now or hereafter
imposed under the Illinois Banking Act upon a State bank.
Any such banking office shall be maintained subject to
supervision and examination by the Commissioner and such
reports and examinations as are required of State banks under
the Illinois Banking Act applicable to such banking office.
This Section does not prohibit the furnishing of
information in accordance with the federal Personal
Responsibility and Work Opportunity Reconciliation Act of
1996. Any foreign banking corporation governed by this Act
shall enter into an agreement for data exchanges with a State
agency provided the State agency pays to the foreign banking
corporation a reasonable fee not to exceed its actual cost
incurred. A foreign banking corporation providing
information in accordance with this item shall not be liable
to any account holder or other person for any disclosure of
information to a State agency, for encumbering or
surrendering any assets held by the foreign banking
corporation in response to a lien or order to withhold and
deliver issued by a State agency, or for any other action
taken pursuant to this item, including individual or
mechanical errors, provided the action does not constitute
gross negligence or willful misconduct. A foreign banking
corporation shall have no obligation to hold, encumber, or
surrender assets until it has been served with a subpoena,
summons, warrant, court or administrative order, lien, or
levy.
(Source: P.A. 88-271; 89-208, eff. 6-1-97; 89-364, eff.
8-18-95; 89-626, eff. 8-9-96.)
(205 ILCS 645/20 new)
Sec. 20. Administrative liens for past-due child
support. Any foreign banking corporation governed by this
Act shall encumber or surrender accounts or assets held by
the foreign banking corporation on behalf of any responsible
relative who is subject to a child support lien, upon notice
of the lien or levy of the Illinois Department of Public Aid
or its successor agency pursuant to Section 10-25.5 of the
Illinois Public Aid Code, or upon notice of interstate lien
from any other state's agency responsible for implementing
the child support enforcement program set forth in Title IV,
Part D of the Social Security Act.
Section 60. The Illinois Insurance Code is amended by
changing Sections 238, 299.1a, and 337.1 and adding Sections
238.1 and 299.1b as follows:
(215 ILCS 5/238) (from Ch. 73, par. 850)
Sec. 238. Exemption.
(a) All proceeds payable because of the death of the
insured and the aggregate net cash value of any or all life
and endowment policies and annuity contracts payable to a
wife or husband of the insured, or to a child, parent or
other person dependent upon the insured, whether the power to
change the beneficiary is reserved to the insured or not, and
whether the insured or his estate is a contingent beneficiary
or not, shall be exempt from execution, attachment,
garnishment or other process, for the debts or liabilities of
the insured incurred subsequent to the effective date of this
Code, except as to premiums paid in fraud of creditors within
the period limited by law for the recovery thereof.
(b) Any insurance company doing business in this State
and governed by this Code shall encumber or surrender
accounts as defined in Section 10-24 of the Illinois Public
Aid Code held by the insurance company owned by any
responsible relative who is subject to a child support lien,
upon notice of the lien or levy by the Illinois Department of
Public Aid or its successor agency pursuant to Section
10-25.5 of the Illinois Public Aid Code, or upon notice of
interstate lien from any other state's agency responsible for
implementing the child support enforcement program set forth
in Title IV, Part D of the Social Security Act.
This Section does not prohibit the furnishing of
information in accordance with the federal Personal
Responsibility and Work Opportunity Reconciliation Act of
1996. Any insurance company governed by this Code shall
enter into an agreement for data exchanges with the
Department of Public Aid provided the Department of Public
Aid pays to the insurance company a reasonable fee not to
exceed its actual cost incurred. An insurance company
providing information in accordance with this item shall not
be liable to any owner of an account as defined in Section
10-24 of the Illinois Public Aid Code or other person for any
disclosure of information to the Department of Public Aid,
for encumbering or surrendering any accounts as defined in
Section 10-24 of the Illinois Public Aid Code held by the
insurance company in response to a lien or order to withhold
and deliver issued by a State agency, or for any other action
taken pursuant to this item, including individual or
mechanical errors, provided the action does not constitute
gross negligence or willful misconduct. An insurance company
shall have no obligation to hold, encumber, or surrender any
accounts as defined in Section 10-24 of the Illinois Public
Aid Code until it has been served with a subpoena, summons,
warrant, court or administrative order, lien, or levy
requiring that action.
(Source: Laws 1937, p. 696.)
(215 ILCS 5/238.1 new)
Sec. 238.1. Data exchanges; administrative liens.
(a) Any insurance company doing business in the State
and governed by this Code shall enter into an agreement for
data exchanges with the Illinois Department of Public Aid for
the purpose of locating accounts as defined in Section 10-24
of the Illinois Public Aid Code of responsible relatives to
satisfy past-due child support owed by responsible relatives
under an order for support entered by a court or
administrative body of this or any other State on behalf of
resident or non-resident persons.
(b) Notwithstanding any provisions in this Code to the
contrary, an insurance company shall not be liable to any
person:
(1) for any disclosure of information to the
Illinois Department of Public Aid under subsection (a);
(2) for encumbering or surrendering any accounts as
defined in Section 10-24 of the Illinois Public Aid Code
held by such insurance company in response to a notice of
lien or levy issued by the Illinois Department of Public
Aid, or by any other state's child support enforcement
agency, as provided for in Section 238 of this Code; or
(3) for any other action taken in good faith to
comply with the requirements of subsection (a).
(215 ILCS 5/299.1a) (from Ch. 73, par. 911.1a)
Sec. 299.1a. Benefits not Attachable.
(a) No money or other charity, relief or aid to be paid,
provided or rendered by any society shall be liable to
attachment, garnishment or other process or to be seized,
taken, appropriated or applied by any legal or equitable
process or operation of law to pay any debt or liability of a
member or beneficiary, or any other person who may have a
right thereunder, either before or after payment by the
society.
(b) Any benefit association doing business in this State
and governed by this Article XVII shall encumber or surrender
accounts as defined in Section 10-24 of the Illinois Public
Aid Code held by the benefit association owned by any
responsible relative who is subject to a child support lien,
upon notice of the lien or levy by the Illinois Department of
Public Aid or its successor agency pursuant to Section
10-25.5 of the Illinois Public Aid Code, or upon notice of
interstate lien from any other state's agency responsible for
implementing the child support enforcement program set forth
in Title IV, Part D of the Social Security Act.
This Section shall not prohibit the furnishing of
information in accordance with the federal Personal
Responsibility and Work Opportunity Reconciliation Act of
1996. Any benefit association governed by this Article XVII
shall enter into an agreement for data exchanges with the
Department of Public Aid provided the Department of Public
Aid pays to the benefit association a reasonable fee not to
exceed its actual cost incurred. A benefit association
providing information in accordance with this item shall not
be liable to any account holder or other person for any
disclosure of information to a State agency, for encumbering
or surrendering any accounts as defined in Section 10-24 of
the Illinois Public Aid Code held by the benefit association
in response to a lien or order to withhold and deliver issued
by a State agency, or for any other action taken pursuant to
this item, including individual or mechanical errors,
provided the action does not constitute gross negligence or
willful misconduct. A benefit association shall have no
obligation to hold, encumber, or surrender accounts until it
has been served with a subpoena, summons, warrant, court or
administrative order, lien, or levy requiring that action.
(Source: P.A. 84-303.)
(215 ILCS 5/299.1b new)
Sec. 299.1b. Data exchanges; administrative liens.
(a) Any benefit association doing business in the State
and governed by this Code shall enter into an agreement for
data exchanges with the Illinois Department of Public Aid for
the purpose of locating accounts as defined in Section 10-24
of the Illinois Public Aid Code of responsible relatives to
satisfy past-due child support owed by responsible relatives
under an order for support entered by a court or
administrative body of this or any other State on behalf of
resident or non-resident persons.
(b) Notwithstanding any provisions in this Code to the
contrary, a benefit association shall not be liable to any
person:
(1) for any disclosure of information to the
Illinois Department of Public Aid under subsection (a);
(2) for encumbering or surrendering any accounts as
defined in Section 10-24 of the Illinois Public Aid Code
held by such benefit association in response to a notice
of lien or levy issued by the Illinois Department of
Public Aid, or by any other state's child support
enforcement agency, as provided for in Section 299.1a of
this Code; or
(3) for any other action taken in good faith to
comply with the requirements of subsection (a).
(215 ILCS 5/337.1 new)
Sec. 337.1. Data exchanges; administrative liens.
(a) Any benefit association governed by this Article
XVIII shall encumber or surrender accounts as defined in
Section 10-24 of the Illinois Public Aid Code held by the
benefit association on behalf of any responsible relative who
is subject to a child support lien, upon notice of the lien
or levy by the Illinois Department of Public Aid or its
successor agency pursuant to Section 10-25.5 of the Illinois
Public Aid Code, or upon notice of interstate lien from any
other state's agency responsible for implementing the child
support enforcement program set forth in Title IV, Part D of
the Social Security Act.
(b) This Section shall not prohibit the furnishing of
information in accordance with the federal Personal
Responsibility and Work Opportunity Reconciliation Act of
1996. Any benefit association governed by this Article XVIII
shall enter into an agreement for data exchanges with the
Department of Public Aid provided the Department of Public
Aid pays to the benefit association a reasonable fee not to
exceed its actual cost incurred. A benefit association
providing information in accordance with this item shall not
be liable to any owner of an account as defined in Section
10-24 of the Illinois Public Aid Code or other person for any
disclosure of information to the Department of Public Aid,
for encumbering or surrendering any accounts held by the
benefit association in response to a lien or order to
withhold and deliver issued by the Department of Public Aid,
or for any other action taken pursuant to this item,
including individual or mechanical errors, provided the
action does not constitute gross negligence or willful
misconduct. A benefit association shall have no obligation to
hold, encumber, or surrender the accounts or portions thereof
as defined in Section 10-24 of the Illinois Public Aid Code
until it has been served with a subpoena, summons, warrant,
court or administrative order, lien, or levy.
Section 65. The Illinois Public Aid Code is amended by
changing Sections 10-1, 10-2, 10-3.1, 10-3.3, 10-6, 10-10,
10-11, 10-11.1, 10-16.2, 10-17.1, 10-17.2, and 12-10.2 and
adding Sections 10-3.4, 10-8.1, 10-17.11, 10-24, 10-24.5,
10-24.30, 10-24.35, 10-24.40, 10-24.45, 10-24.50, 10-25,
10-25.5, and 12-4.7c as follows:
(305 ILCS 5/10-1) (from Ch. 23, par. 10-1)
Sec. 10-1. Declaration of Public Policy - Persons
Eligible for Child and Spouse Support Services - Fees for
Non-Applicants and Non-Recipients.) It is the intent of this
Code that the financial aid and social welfare services
herein provided supplement rather than supplant the primary
and continuing obligation of the family unit for self-support
to the fullest extent permitted by the resources available to
it. This primary and continuing obligation applies whether
the family unit of parents and children or of husband and
wife remains intact and resides in a common household or
whether the unit has been broken by absence of one or more
members of the unit. The obligation of the family unit is
particularly applicable when a member is in necessitous
circumstances and lacks the means of a livelihood compatible
with health and well-being.
It is the purpose of this Article to provide for locating
an absent parent or spouse, for determining his financial
circumstances, and for enforcing his legal obligation of
support, if he is able to furnish support, in whole or in
part. The Illinois Department of Public Aid shall give
priority to establishing, enforcing and collecting the
current support obligation, and then to past due support owed
to the family unit, except with respect to collections
effected through the intercept programs provided for in this
Article.
The child and spouse support services provided hereunder
shall be furnished dependents of an absent parent or spouse
who are applicants for or recipients of financial aid under
this Code. It is not, however, a condition of eligibility
for financial aid that there be no responsible relatives who
are reasonably able to provide support. Nor, except as
provided in Sections 4-1.7 and 10-8, shall the existence of
such relatives or their payment of support contributions
disqualify a needy person for financial aid.
By accepting financial aid under this Code, a spouse or a
parent or other person having custody of a child shall be
deemed to have made assignment to the Illinois Department for
aid under Articles III, IV, V and VII or to a local
governmental unit for aid under Article VI of any and all
rights, title, and interest in any support obligation up to
the amount of financial aid provided. The rights to support
assigned to the Illinois Department of Public Aid or local
governmental unit shall constitute an obligation owed the
State or local governmental unit by the person who is
responsible for providing the support, and shall be
collectible under all applicable processes.
The Illinois Department of Public Aid shall also furnish
the child and spouse support services established under this
Article in behalf of persons who are not applicants for or
recipients of financial aid under this Code in accordance
with the requirements of Title IV, Part D of the Social
Security Act. At the discretion of the Illinois Department
of Public Aid, the child and spouse support services
established under this Article may also be furnished in
behalf of spouses and dependent children who are not
applicants for or recipients of financial aid under this
Code. The Department may limit eligibility of these persons
to designated income classes. If non-applicants and
non-recipients are included, The Department may establish a
schedule of reasonable fees, to be paid for the services
provided and may deduct a collection fee, not to exceed 10%
of the amount collected, from such collection. The Illinois
Department of Public Aid shall cause to be published and
distributed publications reasonably calculated to inform the
public that individuals who are not recipients of or
applicants for public aid under this Code are eligible for
the child and spouse support services under this Article X.
Such publications shall set forth an explanation, in plain
language, that the child and spouse support services program
is independent of any public aid program under the Code and
that the receiving of child and spouse support service in no
way implies that the person receiving such service is
receiving public aid.
(Source: P.A. 85-597.)
(305 ILCS 5/10-2) (from Ch. 23, par. 10-2)
Sec. 10-2. Extent of Liability. A husband is liable for
the support of his wife and a wife for the support of her
husband. The parents are severally liable for the support of
any child under age 21, except that a parent is not liable
for a child age 18 or over if such child is not living with
the parent or parents, and a parent is not liable for a child
of any age if the child has married and is not living with
the parent or parents. A child shall be considered to be
living with the parent or parents if such child is absent
from the parent's or parents' home only in order to regularly
attend a school, college or university or to receive
technical training designed for preparation for gainful
employment. The term "child" includes a child born out of
wedlock, or legally adopted child, but the liability of the
father of a child born out of wedlock shall not be
enforceable unless he has been determined to be the child's
father in a judicial or administrative proceeding, or he has
or shall acknowledge paternity of the child in accordance
with Section 10-17.7 of this Code or Section 12 of the Vital
Records Act.
In addition to the primary obligation of support imposed
upon responsible relatives, such relatives, if individually
or together in any combination they have sufficient income or
other resources to support a needy person, in whole or in
part, shall be liable for any financial aid extended under
this Code to a person for whose support they are responsible,
including amounts expended for funeral and burial costs.
(Source: P.A. 88-687, eff. 1-24-95; 89-641, eff. 8-9-96.)
(305 ILCS 5/10-3.1) (from Ch. 23, par. 10-3.1)
Sec. 10-3.1. Child and Spouse Support Unit. The
Illinois Department shall establish within its administrative
staff a Child and Spouse Support Unit to search for and
locate absent parents and spouses liable for the support of
persons resident in this State and to exercise the support
enforcement powers and responsibilities assigned the
Department by this Article. The unit shall cooperate with
all law enforcement officials in this State and with the
authorities of other States in locating persons responsible
for the support of persons resident in other States and shall
invite the cooperation of these authorities in the
performance of its duties.
In addition to other duties assigned the Child and Spouse
Support Unit by this Article, the Unit may refer to the
Attorney General or units of local government with the
approval of the Attorney General, any actions under Sections
10-10 and 10-15 for judicial enforcement of the support
liability. The Child and Spouse Support Unit shall act for
the Department in referring to the Attorney General support
matters requiring judicial enforcement under other laws. If
requested by the Attorney General to so act, as provided in
Section 12-16, attorneys of the Unit may assist the Attorney
General or themselves institute actions in behalf of the
Illinois Department under the Revised Uniform Reciprocal
Enforcement of Support Act; under the Illinois Parentage Act
of 1984; under the Non-Support of Spouse and Children Act; or
under any other law, State or Federal, providing for support
of a spouse or dependent child.
The Illinois Department shall also have the authority to
enter into agreements with local governmental units or
individuals, with the approval of the Attorney General, for
the collection of moneys owing because of the failure of a
parent to make child support payments for any child receiving
services under this Article. Such agreements may be on a
contingent fee basis, but such contingent fee shall not
exceed 25% of the total amount collected.
An attorney who provides representation pursuant to this
Section shall represent the Illinois Department exclusively.
Regardless of the designation of the plaintiff in an action
brought pursuant to this Section, an attorney-client
relationship does not exist for purposes of that action
between that attorney and (i) an applicant for or recipient
of child and spouse support services or (ii) any other party
to the action other than the Illinois Department. Nothing in
this Section shall be construed to modify any power or duty
(including a duty to maintain confidentiality) of the Child
and Spouse Support Unit or the Illinois Department otherwise
provided by law.
The Illinois Department may also enter into agreements
with local governmental units for the Child and Spouse
Support Unit to exercise the investigative and enforcement
powers designated in this Article, including the issuance of
administrative orders under Section 10-11, in locating
responsible relatives and obtaining support for persons
applying for or receiving aid under Article VI. Payments for
defrayment of administrative costs and support payments
obtained shall be deposited into the Public Assistance
Recoveries Trust Fund. Support payments shall be paid over
to the General Assistance Fund of the local governmental unit
at such time or times as the agreement may specify.
With respect to those cases in which it has support
enforcement powers and responsibilities under this Article,
the Illinois Department may provide by rule for periodic or
other review of each administrative and court order for
support to determine whether a modification of the order
should be sought. The Illinois Department shall provide for
and conduct such review in accordance with any applicable
federal law and regulation.
As part of its process for review of orders for support,
the Illinois Department, through written notice, may require
the responsible relative to disclose his or her Social
Security Number and past and present information concerning
the relative's address, employment, gross wages, deductions
from gross wages, net wages, bonuses, commissions, number of
dependent exemptions claimed, individual and dependent health
insurance coverage, and any other information necessary to
determine the relative's ability to provide support in a case
receiving child and spouse support services under this
Article X.
If the responsible relative fails to fully respond to the
notice for information within 15 days after the date the
relative receives the notice, The Illinois Department may
send a written request for the same information to the
relative's employer. The employer shall respond to the
request for information within 15 days after the date the
employer receives the request. If the employer willfully
fails to fully respond within the 15-day period, the employer
shall pay a penalty of $100 for each day that the response is
not provided to the Illinois Department after the 15-day
period has expired. The penalty may be collected in a civil
action which may be brought against the employer in favor of
the Illinois Department.
A written request for information sent to an employer
pursuant to this Section shall consist of (i) a citation of
this Section as the statutory authority for the request and
for the employer's obligation to provide the requested
information, (ii) a returnable form setting forth the
employer's name and address and listing the name of the
employee with respect to whom information is requested, and
(iii) a citation of this Section as the statutory authority
authorizing the employer to withhold a fee of up to $20 from
the wages or income to be paid to each responsible relative
for providing the information to the Illinois Department
within the 15-day period. If the employer is withholding
support payments from the responsible relative's income
pursuant to an order for withholding, the employer may
withhold the fee provided for in this Section only after
withholding support as required under the order. Any amounts
withheld from the responsible relative's income for payment
of support and the fee provided for in this Section shall not
be in excess of the amounts permitted under the federal
Consumer Credit Protection Act.
In a case receiving child and spouse support services,
the Illinois Department may request and obtain information
from a particular employer under this Section no more than
once in any 12-month period, unless the information is
necessary to conduct a review of a court or administrative
order for support at the request of the person receiving
child and spouse support services.
The Illinois Department shall establish and maintain an
administrative unit to receive and transmit to the Child and
Spouse Support Unit information supplied by persons applying
for or receiving child and spouse support services under
Section 10-1. In addition, the Illinois Department shall
address and respond to any alleged deficiencies that persons
receiving or applying for services from the Child and Spouse
Support Unit may identify concerning the Child and Spouse
Support Unit's provision of child and spouse support
services. Within 60 days after an action or failure to act by
the Child and Spouse Support Unit that affects his or her
case, a recipient of or applicant for child and spouse
support services under Article X of this Code may request an
explanation of the Unit's handling of the case. At the
requestor's option, the explanation may be provided either
orally in an interview, in writing, or both. If the Illinois
Department fails to respond to the request for an explanation
or fails to respond in a manner satisfactory to the applicant
or recipient within 30 days from the date of the request for
an explanation, the applicant or recipient may request a
conference for further review of the matter by the Office of
the Administrator of the Child and Spouse Support Unit. A
request for a conference may be submitted at any time within
60 days after the explanation has been provided by the Child
and Spouse Support Unit or within 60 days after the time for
providing the explanation has expired.
The applicant or recipient may request a conference
concerning any decision denying or terminating child or
spouse support services under Article X of this Code, and the
applicant or recipient may also request a conference
concerning the Unit's failure to provide services or the
provision of services in an amount or manner that is
considered inadequate. For purposes of this Section, the
Child and Spouse Support Unit includes all local governmental
units or individuals with whom the Illinois Department has
contracted under Section 10-3.1.
Upon receipt of a timely request for a conference, the
Office of the Administrator shall review the case. The
applicant or recipient requesting the conference shall be
entitled, at his or her option, to appear in person or to
participate in the conference by telephone. The applicant or
recipient requesting the conference shall be entitled to be
represented and to be afforded a reasonable opportunity to
review the Illinois Department's file before or at the
conference. At the conference, the applicant or recipient
requesting the conference shall be afforded an opportunity to
present all relevant matters in support of his or her claim.
Conferences shall be without cost to the applicant or
recipient requesting the conference and shall be conducted by
a representative of the Child or Spouse Support Unit who did
not participate in the action or inaction being reviewed.
The Office of the Administrator shall conduct a
conference and inform all interested parties, in writing, of
the results of the conference within 60 days from the date of
filing of the request for a conference.
In addition to its other powers and responsibilities
established by this Article, the Child and Spouse Support
Unit shall conduct an annual assessment of each institution's
program for institution based paternity establishment under
Section 12 of the Vital Records Act.
(Source: P.A. 88-307; 88-687, eff. 1-24-95.)
(305 ILCS 5/10-3.3)
Sec. 10-3.3. Locating support obligor and others;
penalties.
(a) The Child and Spouse Support Unit may request and
receive from employers, labor unions, telephone companies,
and utility companies location information concerning
putative fathers and noncustodial parents for the purpose of
establishing a child's paternity or establishing, enforcing,
or modifying a child support obligation. In this Section,
"location information" means information about (i) the
physical whereabouts of a putative father or noncustodial
parent, (ii) the putative father or noncustodial parent's
employer, or (iii) the salary, wages, and other compensation
paid and the health insurance coverage provided to the
putative father or noncustodial parent by the employer of the
putative father or noncustodial parent or by a labor union of
which the putative father or noncustodial parent is a member.
The employer of a putative father or noncustodial parent
or the labor union of which the putative father or
noncustodial parent is a member shall respond to the request
of the Child and Spouse Support Unit within 15 days after the
employer or labor union receives the request. Any employer
or labor union that willfully fails to fully respond within
the 15-day period shall be subject to a penalty of $100 for
each day that the response is not provided to the Illinois
Department after the 15-day period has expired. The penalty
may be collected in a civil action, which may be brought
against the employer or labor union in favor of the Illinois
Department.
(b) Pursuant to an administrative subpoena as authorized
under this Code, the Child and Spouse Support Unit may
request and receive from utility companies and cable
television companies location information concerning
individuals who owe or are owed support or against whom or
with respect to whom a support obligation is sought.
(Source: P.A. 89-395, eff. 1-1-96.)
(305 ILCS 5/10-3.4 new)
Sec. 10-3.4. Obtaining location information.
(a) The Illinois Department shall enter into agreements
with the Department of State Police and the Secretary of
State to obtain location information on persons for the
purpose of establishing paternity, and establishing,
modifying, and enforcing child support obligations.
(b) Upon request, the Illinois Department shall provide
information obtained pursuant to this Section to federal
agencies and other states' agencies conducting child support
enforcement activities under Title IV, Part D of the Social
Security Act.
(305 ILCS 5/10-6) (from Ch. 23, par. 10-6)
Sec. 10-6. Investigation and Determination. The
administrative enforcement unit shall review the forms or
questionnaires returned by each responsible relative and
supplement the information provided therein, where required,
by such additional consultations with the responsible
relative and such other investigations as may be necessary,
including genetic testing if paternity is an issue and,
applying the standard or guidelines and regulations
established by the Illinois Department, shall determine
whether and the extent to which, the responsible relative
individually or together in any combination, are reasonably
able to provide support. If the child was born out of wedlock
and the case is subject to the voluntary acknowledgment of
paternity or the administrative determination of paternity
under rules established under Section 10-17.7, the Child and
Spouse Support Unit of the Illinois Department shall
determine the child support obligation under subsection (b)
of Section 10-7 upon establishing the child's paternity. If
the child's paternity was established by judicial or
administrative process in any other state, the Illinois
Department may use administrative processes contained in this
Article X to establish a child support order.
In aid of its investigative authority, the Child and
Spouse Support Unit of the Illinois Department may use the
subpoena power as set forth in this Article.
The Illinois Department, by rule, may authorize the
administrative enforcement units to conduct periodic or other
reinvestigations and redeterminations of the financial
ability of responsible relatives. Any redeterminations shall
have the effect of altering, amending, or modifying previous
determinations and administrative orders entered pursuant to
Sections 10-7 and 10-11. However, any redetermination which
establishes liability for support or reimbursement, or which
modifies the support or reimbursement liability specified in
a prior order, shall be subject to the provisions of Section
10-12 and the administrative and judicial review procedures
herein provided for original orders.
(Source: P.A. 88-687, eff. 1-24-95; 89-641, eff. 8-9-96.)
(305 ILCS 5/10-8.1 new)
Sec. 10-8.1. Temporary order for child support.
Notwithstanding any other law to the contrary, pending the
outcome of an administrative determination of parentage, the
Illinois Department shall issue a temporary order for child
support, upon motion by a party and a showing of clear and
convincing evidence of paternity. In determining the amount
of the temporary child support award, the Illinois Department
shall use the guidelines and standards set forth in
subsection (a) of Section 505 and in Section 505.2 of the
Illinois Marriage and Dissolution of Marriage Act.
Any new or existing support order entered by the Illinois
Department under this Section shall be deemed to be a series
of judgments against the person obligated to pay support
thereunder, each such judgment to be in the amount of each
payment or installment of support and each judgment to be
deemed entered as of the date the corresponding payment or
installment becomes due under the terms of the support order.
Each such judgment shall have the full force, effect, and
attributes of any other judgment of this State, including the
ability to be enforced. Any such judgment is subject to
modification or termination only in accordance with Section
510 of the Illinois Marriage and Dissolution of Marriage Act.
A lien arises by operation of law against the real and
personal property of the noncustodial parent for each
installment of overdue support owed by the noncustodial
parent.
All orders for support entered or modified in a case in
which a party is receiving child and spouse support services
under this Article X shall include a provision requiring the
non-custodial parent to notify the Illinois Department,
within 7 days, (i) of the name, address, and telephone number
of any new employer of the non-custodial parent, (ii) whether
the non-custodial parent has access to health insurance
coverage through the employer or other group coverage, and,
if so, the policy name and number and the names of persons
covered under the policy, and (iii) of any new residential or
mailing address or telephone number of the non-custodial
parent.
In any subsequent action to enforce a support order, upon
sufficient showing that diligent effort has been made to
ascertain the location of the non-custodial parent, service
of process or provision of notice necessary in that action
may be made at the last known address of the non-custodial
parent, in any manner expressly provided by the Code of Civil
Procedure or this Act, which service shall be sufficient for
purposes of due process.
An order for support shall include a date on which the
current support obligation terminates. The termination date
shall be no earlier than the date on which the child covered
by the order will attain the age of majority or is otherwise
emancipated. The order for support shall state that the
termination date does not apply to any arrearage that may
remain unpaid on that date. Nothing in this paragraph shall
be construed to prevent the Illinois Department from
modifying the order.
(305 ILCS 5/10-10) (from Ch. 23, par. 10-10)
Sec. 10-10. Court enforcement; applicability also to
persons who are not applicants or recipients. Except where
the Illinois Department, by agreement, acts for the local
governmental unit, as provided in Section 10-3.1, local
governmental units shall refer to the State's Attorney or to
the proper legal representative of the governmental unit, for
judicial enforcement as herein provided, instances of
non-support or insufficient support when the dependents are
applicants or recipients under Article VI. The Child and
Spouse Support Unit established by Section 10-3.1 may
institute in behalf of the Illinois Department any actions
under this Section for judicial enforcement of the support
liability when the dependents are (a) applicants or
recipients under Articles III, IV, V or VII (b) applicants or
recipients in a local governmental unit when the Illinois
Department, by agreement, acts for the unit; or (c)
non-applicants or non-recipients who are receiving support
enforcement services under this Article X, as provided in
Section 10-1. Where the Child and Spouse Support Unit has
exercised its option and discretion not to apply the
provisions of Sections 10-3 through 10-8, the failure by the
Unit to apply such provisions shall not be a bar to bringing
an action under this Section.
Action shall be brought in the circuit court to obtain
support, or for the recovery of aid granted during the period
such support was not provided, or both for the obtainment of
support and the recovery of the aid provided. Actions for
the recovery of aid may be taken separately or they may be
consolidated with actions to obtain support. Such actions
may be brought in the name of the person or persons requiring
support, or may be brought in the name of the Illinois
Department or the local governmental unit, as the case
requires, in behalf of such persons.
The court may enter such orders for the payment of moneys
for the support of the person as may be just and equitable
and may direct payment thereof for such period or periods of
time as the circumstances require, including support for a
period before the date the order for support is entered. The
order may be entered against any or all of the defendant
responsible relatives and may be based upon the proportionate
ability of each to contribute to the person's support.
The Court shall determine the amount of child support
(including child support for a period before the date the
order for child support is entered) by using the guidelines
and standards set forth in subsection (a) of Section 505 and
in Section 505.2 of the Illinois Marriage and Dissolution of
Marriage Act. For purposes of determining the amount of child
support to be paid for a period before the date the order for
child support is entered, there is a rebuttable presumption
that the responsible relative's net income for that period
was the same as his or her net income at the time the order
is entered.
The Court shall determine the amount of maintenance using
the standards set forth in Section 504 of the Illinois
Marriage and Dissolution of Marriage Act.
Any new or existing support order entered by the court
under this Section shall be deemed to be a series of
judgments against the person obligated to pay support
thereunder, each such judgment to be in the amount of each
payment or installment of support and each such judgment to
be deemed entered as of the date the corresponding payment or
installment becomes due under the terms of the support order.
Each such judgment shall have the full force, effect and
attributes of any other judgment of this State, including the
ability to be enforced. Any such judgment is subject to
modification or termination only in accordance with Section
510 of the Illinois Marriage and Dissolution of Marriage Act.
A lien arises by operation of law against the real and
personal property of the noncustodial parent for each
installment of overdue support owed by the noncustodial
parent.
When an order is entered for the support of a minor, the
court may provide therein for reasonable visitation of the
minor by the person or persons who provided support pursuant
to the order. Whoever willfully refuses to comply with such
visitation order or willfully interferes with its enforcement
may be declared in contempt of court and punished therefor.
Except where the local governmental unit has entered into
an agreement with the Illinois Department for the Child and
Spouse Support Unit to act for it, as provided in Section
10-3.1, support orders entered by the court in cases
involving applicants or recipients under Article VI shall
provide that payments thereunder be made directly to the
local governmental unit. Orders for the support of all other
applicants or recipients shall provide that payments
thereunder be made directly to the Illinois Department. In
accordance with federal law and regulations, the Illinois
Department may continue to collect current maintenance
payments or child support payments, or both, after those
persons cease to receive public assistance and until
termination of services under Article X. The Illinois
Department shall pay the net amount collected to those
persons after deducting any costs incurred in making the
collection or any collection fee from the amount of any
recovery made. In both cases the order shall permit the
local governmental unit or the Illinois Department, as the
case may be, to direct the responsible relative or relatives
to make support payments directly to the needy person, or to
some person or agency in his behalf, upon removal of the
person from the public aid rolls or upon termination of
services under Article X.
If the notice of support due issued pursuant to Section
10-7 directs that support payments be made directly to the
needy person, or to some person or agency in his behalf, and
the recipient is removed from the public aid rolls, court
action may be taken against the responsible relative
hereunder if he fails to furnish support in accordance with
the terms of such notice.
Actions may also be brought under this Section in behalf
of any person who is in need of support from responsible
relatives, as defined in Section 2-11 of Article II who is
not an applicant for or recipient of financial aid under this
Code. In such instances, the State's Attorney of the county
in which such person resides shall bring action against the
responsible relatives hereunder. If the Illinois Department,
as authorized by Section 10-1, extends the support services
provided by this Article to spouses and dependent children
who are not applicants or recipients under this Code, the
Child and Spouse Support Unit established by Section 10-3.1
shall bring action against the responsible relatives
hereunder and any support orders entered by the court in such
cases shall provide that payments thereunder be made directly
to the Illinois Department.
Whenever it is determined in a proceeding to establish or
enforce a child support or maintenance obligation that the
person owing a duty of support is unemployed, the court may
order the person to seek employment and report periodically
to the court with a diary, listing or other memorandum of his
or her efforts in accordance with such order. Additionally,
the court may order the unemployed person to report to the
Department of Employment Security for job search services or
to make application with the local Jobs Training Partnership
Act provider for participation in job search, training or
work programs and where the duty of support is owed to a
child receiving support services under this Article X, the
court may order the unemployed person to report to the
Illinois Department for participation in job search, training
or work programs established under Section 9-6 and Article
IXA of this Code.
Whenever it is determined that a person owes past-due
support for a child receiving assistance under this Code, the
court shall order at the request of the Illinois Department:
(1) that the person pay the past-due support in
accordance with a plan approved by the court; or
(2) if the person owing past-due support is
unemployed, is subject to such a plan, and is not
incapacitated, that the person participate in such job
search, training, or work programs established under
Section 9-6 and Article IXA of this Code as the court
deems appropriate.
A determination under this Section shall not be
administratively reviewable by the procedures specified in
Sections 10-12, and 10-13 to 10-13.10. Any determination
under these Sections, if made the basis of court action under
this Section, shall not affect the de novo judicial
determination required under this Section.
A one-time charge of 20% is imposable upon the amount of
past-due child support owed on July 1, 1988 which has accrued
under a support order entered by the court. The charge shall
be imposed in accordance with the provisions of Section 10-21
of this Code and shall be enforced by the court upon
petition.
All orders An order for support, when entered or
modified, in a case in which a party is receiving child and
spouse support services under this Article X shall include a
provision requiring the non-custodial parent to notify the
court and, in cases in which a party is receiving child and
spouse support services under this Article X, the Illinois
Department, within 7 days, (i) of the name, and address, and
telephone number of any new employer of the non-custodial
parent, (ii) whether the non-custodial parent has access to
health insurance coverage through the employer or other group
coverage, and, if so, the policy name and number and the
names of persons covered under the policy, and (iii) of any
new residential or mailing address or telephone number of the
non-custodial parent. In any subsequent action to enforce a
support order, upon a sufficient showing that a diligent
effort has been made to ascertain the location of the
non-custodial parent, service of process or provision of
notice necessary in the case may be made at the last known
address of the non-custodial parent in any manner expressly
provided by the Code of Civil Procedure or this Code, which
service shall be sufficient for purposes of due process.
In cases in which a party is receiving child and spouse
support services under this Article X and the order for
support provides that child support payments be made to the
obligee, the Illinois Department of Public Aid may provide
notice to the obligor and the obligor's payor, when income
withholding is in effect under Section 10-16.2, to make all
payments after receipt of the Illinois Department's notice to
the clerk of the court until further notice by the Illinois
Department or order of the court. Copies of the notice shall
be provided to the obligee and the clerk. The clerk's copy
shall contain a proof of service on the obligor and the
obligor's payor, where applicable. The clerk shall file the
clerk's copy of the notice in the court file. The notice to
the obligor and the payor, if applicable, may be sent by
ordinary mail, certified mail, return receipt requested,
facsimile transmission, or other electronic process, or may
be served upon the obligor or payor using any method provided
by law for service of a summons. An obligor who fails to
comply with a notice provided under this paragraph is guilty
of a Class B misdemeanor. A payor who fails to comply with a
notice provided under this paragraph is guilty of a business
offense and subject to a fine of up to $1,000.
An order for support shall include a date on which the
current support obligation terminates. The termination date
shall be no earlier than the date on which the child covered
by the order will attain the age of majority or is otherwise
emancipated. The order for support shall state that the
termination date does not apply to any arrearage that may
remain unpaid on that date. Nothing in this paragraph shall
be construed to prevent the court from modifying the order.
Upon notification in writing or by electronic
transmission from the Illinois Department to the clerk of the
court that a person who is receiving support payments under
this Section is receiving services under the Child Support
Enforcement Program established by Title IV-D of the Social
Security Act, any support payments subsequently received by
the clerk of the court shall be transmitted in accordance
with the instructions of the Illinois Department until the
Illinois Department gives notice to the clerk of the court to
cease the transmittal. After providing the notification
authorized under this paragraph, the Illinois Department
shall be entitled as a party to notice of any further
proceedings in the case. The clerk of the court shall file a
copy of the Illinois Department's notification in the court
file. The clerk's failure to file a copy of the
notification in the court file shall not, however, affect the
Illinois Department's right to receive notice of further
proceedings.
Payments under this Section to the Illinois Department
pursuant to the Child Support Enforcement Program established
by Title IV-D of the Social Security Act shall be paid into
the Child Support Enforcement Trust Fund. All other payments
under this Section to the Illinois Department shall be
deposited in the Public Assistance Recoveries Trust Fund.
Disbursements from these funds shall be as provided in
Sections 12-9 and 12-10.2 of this Code. Payments received by
a local governmental unit shall be deposited in that unit's
General Assistance Fund.
(Source: P.A. 88-307; 88-687, eff. 1-24-95.)
(305 ILCS 5/10-11) (from Ch. 23, par. 10-11)
Sec. 10-11. Administrative Orders. In lieu of actions
for court enforcement of support under Section 10-10, the
Child and Spouse Support Unit of the Illinois Department, in
accordance with the rules of the Illinois Department, may
issue an administrative order requiring the responsible
relative to comply with the terms of the determination and
notice of support due, determined and issued under Sections
10-6 and 10-7. The Unit may also enter an administrative
order under subsection (b) of Section 10-7. The
administrative order shall be served upon the responsible
relative by United States registered or certified mail.
If a responsible relative fails to petition the Illinois
Department for release from or modification of the
administrative order, as provided in Section 10-12, the order
shall become final and there shall be no further
administrative or judicial remedy. Likewise a decision by
the Illinois Department as a result of an administrative
hearing, as provided in Sections 10-13 to 10-13.10, shall
become final and enforceable if not judicially reviewed under
the Administrative Review Law, as provided in Section 10-14.
Any new or existing support order entered by the Illinois
Department under this Section shall be deemed to be a series
of judgments against the person obligated to pay support
thereunder, each such judgment to be in the amount of each
payment or installment of support and each such judgment to
be deemed entered as of the date the corresponding payment or
installment becomes due under the terms of the support order.
Each such judgment shall have the full force, effect and
attributes of any other judgment of this State, including the
ability to be enforced. Any such judgment is subject to
modification or termination only in accordance with Section
510 of the Illinois Marriage and Dissolution of Marriage Act.
A lien arises by operation of law against the real and
personal property of the noncustodial parent for each
installment of overdue support owed by the noncustodial
parent.
A one-time charge of 20% is imposable upon the amount of
past-due child support owed on July 1, 1988, which has
accrued under a support order entered by the Illinois
Department under this Section. The charge shall be imposed
in accordance with the provisions of Section 10-21 and shall
be enforced by the court in a suit filed under Section 10-15.
(Source: P.A. 85-1156.)
(305 ILCS 5/10-11.1) (from Ch. 23, par. 10-11.1)
Sec. 10-11.1. (a) Whenever it is determined in a
proceeding under Sections 10-6, 10-7, 10-11 or 10-17.1 that
the responsible relative is unemployed, and support is sought
on behalf of applicants for or recipients of financial aid
under Article IV of this Code or other persons who are given
access to the child and spouse support services of this
Article as provided in Section 10-1, the administrative
enforcement unit may order the responsible relative to report
to the Illinois Department for participation in job search,
training or work programs established under Section 9-6 and
Article IXA of this Code or to the Illinois Department of
Employment Security for job search services or to make
application with the local Jobs Training Partnership Act
provider for participation in job search, training or work
programs.
(b) Whenever it is determined that a responsible
relative owes past-due support for a child under an
administrative support order entered under subsection (b) of
Section 10-7 or under Section 10-11 or 10-17.1 and the child
is receiving assistance under this Code, the administrative
enforcement unit shall order the following:
(1) that the responsible relative pay the past-due
support in accordance with a plan approved by the
administrative enforcement unit; or
(2) if the responsible relative owing past-due
support is unemployed, is subject to such a plan, and is
not incapacitated, that the responsible relative
participate in job search, training, or work programs
established under Section 9-6 and Article IXA of this
Code.
(Source: P.A. 85-1155.)
(305 ILCS 5/10-16.2) (from Ch. 23, par. 10-16.2)
(Text of Section before amendment by P.A. 89-507)
Sec. 10-16.2. Withholding of Income to Secure Payment of
Support.
(A) Definitions.
(1) "Order for support" means any order of the court
which provides for periodic payment of funds for the support
of a child or maintenance of a spouse, whether temporary or
final, and includes any such order which provides for:
(a) Modification or resumption of, or payment of
arrearage accrued under, a previously existing order;
(b) Reimbursement of support; or
(c) Enrollment in a health insurance plan that is
available to the obligor through an employer or labor
union or trade union.
(2) "Arrearage" means the total amount of unpaid support
obligations.
(3) "Delinquency" means any payment under an order for
support which becomes due and remains unpaid after an order
for withholding has been entered under subsection (B) or, for
purposes of subsection (K), after the last order for support
was entered for which no order for withholding was entered.
(4) "Income" means any form of periodic payment to an
individual, regardless of source, including, but not limited
to: wages, salary, commission, compensation as an independent
contractor, workers' compensation, disability, annuity and
retirement benefits, lottery prize awards, insurance
proceeds, vacation pay, bonuses, profit-sharing payments and
any other payments, made by any person, private entity,
federal or state government, any unit of local government,
school district or any entity created by Public Act; however,
"income" excludes:
(a) Any amounts required by law to be withheld,
other than creditor claims, including, but not limited
to, federal, State and local taxes, Social Security and
other retirement and disability contributions;
(b) Union dues;
(c) Any amounts exempted by the federal Consumer
Credit Protection Act;
(d) Public assistance payments; and
(e) Unemployment insurance benefits except as
provided by law.
Any other State or local laws which limit or exempt
income or the amount or percentage of income that can be
withheld shall not apply.
(5) "Obligor" means the individual who owes a duty to
make payments under an order for support.
(6) "Obligee" means the individual to whom a duty of
support is owed or the individual's legal representative.
(7) "Payor" means any payor of income to an obligor.
(8) "Public office" means any elected official or any
State or local agency which is or may become responsible by
law for enforcement of, or which is or may become authorized
to enforce, an order for support, including, but not limited
to: the Attorney General, the Illinois Department of Public
Aid, the Illinois Department of Mental Health and
Developmental Disabilities, the Illinois Department of
Children and Family Services, and the various State's
Attorneys, Clerks of the Circuit Court and supervisors of
general assistance.
(9) "Premium" means the dollar amount for which the
obligor is liable to his employer or labor union or trade
union and which must be paid to enroll or maintain a child in
a health insurance plan that is available to the obligor
through an employer or labor union or trade union.
(B) Entry of an Order for Withholding.
(1) Upon entry of any order for support on or after
January 1, 1984, the court shall enter a separate order for
withholding which shall not take effect unless the obligor
becomes delinquent in paying the order for support or the
obligor requests an earlier effective date; except that the
court may require the order for withholding to take effect
immediately.
On or after January 1, 1989, the court shall require the
order for withholding to take effect immediately, 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 insures
payment of support. In that case, the court shall enter the
order for withholding which will not take effect unless the
obligor becomes delinquent in paying the order for support.
Upon entry of any order of support on or after September
11, 1989, if the obligor is not a United States citizen, the
obligor shall provide to the court the obligor's alien
registration number, passport number, and home country's
social security or national health number, if applicable; the
court shall make the information part of the record in the
case.
(2) An order for withholding shall be entered upon
petition by the obligee or public office where an order for
withholding has not been previously entered.
(3) The order for withholding shall:
(a) Direct any payor to withhold a dollar amount
equal to the order for support; and
(b) Direct any payor to withhold an additional
dollar amount, not less than 20% of the order for
support, until payment in full of any delinquency stated
in the notice of delinquency provided for in subsection
(C) or (F) of this Section; and
(c) 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 premium; and
(d) State the rights, remedies and duties of the
obligor under this Section; and
(e) Include the obligor's Social Security Number,
which the obligor shall disclose to the court; and
(f) 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.
(4) At the time the order for withholding is entered,
the Clerk of the Circuit Court shall provide a copy of the
order for withholding and the order for support to the
obligor and shall make copies available to the obligee and
public office. Any copy of the order for withholding
furnished to the parties under this subsection shall be
stamped "Not Valid".
(5) The order for withholding shall remain in effect for
as long as the order for support upon which it is based.
(6) The failure of an order for withholding to state an
arrearage is not conclusive of the issue of whether an
arrearage is owing.
(7) Notwithstanding the provisions of this subsection,
if the court finds at the time of any hearing that an
arrearage has accrued in an amount equal to at least one
month's support obligation or that the obligor is 30 days
late in paying all or part of the order for support, the
court shall order immediate service of the order for
withholding upon the payor.
(8) Where the court has not required that the order for
withholding take effect immediately, the obligee or public
office may prepare and serve a notice for immediate
withholding upon the obligor by ordinary mail addressed to
the obligor at his or her last known address. The notice
shall state that the following circumstances have occurred:
(a) The parties' written agreement providing an
alternative arrangement to immediate withholding under
paragraph (1) of this subsection no longer provides for
timely payment of all support due; or
(b) The obligor has not made timely payments in
that the obligor has been at least 7 days late in paying
all or part of the order for support any of the last 6
consecutive dates payments were due prior to the date of
the notice for immediate withholding.
The notice for immediate withholding shall clearly state
that a specially certified copy of the order for withholding
will be sent to the payor, unless the obligor files a
petition contesting immediate withholding within 20 days
after service of the notice; however, the grounds for the
petition shall be limited to a dispute concerning whether the
circumstances stated in the notice have occurred or the
identity of the obligor. It shall not be grounds for the
petition that the obligor has made all payments due by the
date of the petition.
If the obligor files a petition contesting immediate
withholding within the 20-day period required under this
paragraph, the Clerk of the Circuit Court shall notify the
obligor and the obligee or public office, as appropriate, of
the time and place of the hearing on the petition. Upon
hearing the petition, the court shall enter an order granting
or denying relief. It shall not be grounds for granting the
obligor's petition that he or she has made all payments due
by the date of hearing. If the court denies the obligor's
petition, it shall order immediate service of the order for
withholding and direct the clerk to provide a specially
certified copy of the order for withholding to the obligee or
public office indicating that the requirements for immediate
withholding under this paragraph have been met.
If the obligor does not file a petition contesting
immediate withholding within the 20-day period, the obligee
or public office shall file with the Clerk of the Circuit
Court an affidavit, with a copy of the notice for immediate
withholding attached thereto, stating that the notice was
duly served and the date on which service was effected, and
that the obligor has not filed a petition contesting
immediate withholding. The clerk shall then provide to the
obligee or public office a specially certified copy of the
order for withholding indicating that the requirements for
immediate withholding under this paragraph have been met.
Upon receipt of a specially certified copy of the order
for withholding, the obligee or public office may serve the
order on the payor, its superintendent, manager or other
agent, by certified mail or personal delivery. A proof of
service shall be filed with the Clerk of the Circuit Court.
(C) Notice of Delinquency.
(1) Whenever an obligor becomes delinquent in payment of
an amount equal to at least one month's support obligation
pursuant to the order for support or is at least 30 days late
in complying with all or part of the order for support,
whichever occurs first, the obligee or public office may
prepare and serve a verified notice of delinquency, together
with a form petition to stay service, pursuant to paragraph
(3) of this subsection.
(2) The notice of delinquency shall recite the terms of
the order for support and contain a computation of the period
and total amount of the delinquency, as of the date of the
notice. The notice shall clearly state that it will be sent
to the payor, together with a specially certified copy of the
order for withholding, except as provided in subsection (F),
unless the obligor files a petition to stay service in
accordance with paragraph (1) of subsection (D).
(3) The notice of delinquency shall be served by
ordinary mail addressed to the obligor at his or her last
known address.
(4) The obligor may execute a written waiver of the
provisions of paragraphs (1) through (3) of this subsection
and request immediate service upon the payor.
(D) Procedures to Avoid Income Withholding.
(1) Except as provided in subsection (F), the obligor
may prevent an order for withholding from being served by
filing a petition to stay service with the Clerk of the
Circuit Court, within 20 days after service of the notice of
delinquency; however, the grounds for the petition to stay
service shall be limited to:
(a) A dispute concerning the amount of current
support or the existence or amount of the delinquency;
(b) The identity of the obligor.
The Clerk of the Circuit Court shall notify the obligor
and the obligee or public office, as appropriate, of the time
and place of the hearing on the petition to stay service. The
court shall hold such hearing pursuant to the provisions of
subsection (H).
(2) Except as provided in subsection (F), filing of a
petition to stay service, within the 20-day period required
under this subsection, shall prohibit the obligee or public
office from serving the order for withholding on any payor of
the obligor.
(E) Initial Service of Order for Withholding.
(1) Except as provided in subsection (F), in order to
serve an order for withholding upon a payor, an obligee or
public office shall follow the procedures set forth in this
subsection. After 20 days following service of the notice of
delinquency, the obligee or public office shall file with the
Clerk of the Circuit Court an affidavit, with the copy of the
notice of delinquency attached thereto, stating:
(a) that the notice of delinquency has been duly
served and the date on which service was effected; and
(b) that the obligor has not filed a petition to
stay service, or in the alternative
(c) that the obligor has waived the provisions of
subparagraphs (a) and (b) of this paragraph (1) in
accordance with subsection (C)(4).
(2) Upon request of the obligee or public office, the
Clerk of the Circuit Court shall: (a) make available any
record of payment; and (b) determine that the file contains a
copy of the affidavit described in paragraph (1). The Clerk
shall then provide to the obligee or public office a
specially certified copy of the order for withholding and the
notice of delinquency indicating that the preconditions for
service have been met.
(3) The obligee or public office may then serve the
notice of delinquency and order for withholding on the payor,
its superintendent, manager or other agent, by certified mail
or personal delivery. A proof of service shall be filed with
the Clerk of the Circuit Court.
(F) Subsequent Service of Order for Withholding.
(1) Notwithstanding the provisions of this Section, at
any time after the court has ordered immediate service of an
order for withholding or after initial service of an order
for withholding pursuant to subsection (E), the obligee or
public office may serve the order for withholding upon any
payor of the obligor without further notice to the obligor.
The obligee or public office shall provide notice to the
payor, pursuant to paragraph (6) of subsection (I), of any
payments that have been made through previous withholding or
any other method.
(2) The Clerk of the Circuit Court shall, upon request,
provide the obligee or public office with specially certified
copies of the order for withholding or the notice of
delinquency or both whenever the Court has ordered immediate
service of an order for withholding or an affidavit has been
placed in the court file indicating that the preconditions
for service have been previously met or that the requirements
for immediate withholding under paragraph (8) of subsection B
have been previously met. The obligee or public office may
then serve the order for withholding on the payor, its
superintendent, manager or other agent by certified mail or
personal delivery. A proof of service shall be filed with
the Clerk of the Circuit Court.
(3) If a delinquency has accrued for any reason, the
obligee or public office may serve a notice of delinquency
upon the obligor pursuant to subsection (C). The obligor may
prevent the notice of delinquency from being served upon the
payor by utilizing the procedures set forth in subsection
(D). If no petition to stay service has been filed within the
required 20 day time period, the obligee or public office may
serve the notice of delinquency on the payor by utilizing the
procedures for service set forth in subsection (E).
(G) Duties of Payor.
(1) It shall be the duty of any payor who has been
served with a copy of the specially certified order for
withholding and any notice of delinquency to deduct and pay
over income as provided in this subsection. The payor shall
deduct the amount designated in the order for withholding, as
supplemented by the notice of delinquency and any notice
provided pursuant to paragraph (6) of subsection (I),
beginning no later than the next payment of income which is
payable to the obligor that occurs 14 days following the date
the order and any notice were mailed by certified mail or
placed for personal delivery. 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 obligee or
public office within 10 calendar days of the date income is
paid to the obligor in accordance with the order for
withholding and any subsequent notification received from the
public office redirecting payments. If the payor knowingly
fails to pay any amount withheld to the obligee or public
office within 10 calendar days of the date income is paid to
the obligor, the payor shall pay a penalty of $100 for each
day that the withheld amount is not paid to the obligee or
public office after the period of 10 calendar days has
expired. The failure of a payor, on more than one occasion,
to pay amounts withheld to the obligee or public office
within 10 calendar days of the date income is not paid to the
obligor creates a presumption that the payor knowingly failed
to pay the amounts. This penalty may be collected in a civil
action which may be brought against the payor in favor of the
obligee. For purposes of this Section, 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 obligee or public
office, at the time of transmittal, with the date income was
paid from which support was withheld.
Upon receipt of an order 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 court order. 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.
(2) Whenever the obligor is no longer receiving income
from the payor, the payor shall return a copy of the order
for withholding to the obligee or public office and shall
provide information for the purpose of enforcing this
Section.
(3) Withholding of income under this Section 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 Section shall
not be in excess of the maximum amounts permitted under the
federal Consumer Credit Protection Act. If the payor has been
served with more than one order for withholding pertaining to
the same obligor, the payor shall allocate income available
for withholding on a proportionate share basis, giving
priority to current support payments. If there is any income
available for withholding after withholding for all current
support obligations, the payor shall allocate the income to
past due support payments ordered in non-AFDC matters and
then to past due support payments ordered in AFDC matters,
both on a proportionate share basis. Payment as required by
the order for withholding shall be a complete defense by the
payor against any claims of the obligor or his creditors as
to the sum so paid.
(4) No payor shall discharge, discipline, refuse to hire
or otherwise penalize any obligor because of the duty to
withhold income.
(H) Petitions to Stay Service or to Modify, Suspend or
Terminate Orders for Withholding.
(1) When an obligor files a petition to stay service,
the court, after due notice to all parties, shall hear the
matter as soon as practicable and shall enter an order
granting or denying relief, amending the notice of
delinquency, amending the order for withholding, where
applicable, or otherwise resolving the matter. If the court
finds that a delinquency existed when the notice of
delinquency was served upon the obligor, in an amount of at
least one month's support obligation, or that the obligor was
at least 30 days late in paying all or part of the order for
support, the court shall order immediate service of the order
for withholding. Where the court cannot promptly resolve any
dispute over the amount of the delinquency, the court may
order immediate service of the order for withholding as to
any undisputed amounts specified in an amended notice of
delinquency, and may continue the hearing on the disputed
amounts.
(2) At any time, an obligor, obligee, public office or
Clerk of the Circuit Court may petition the court to:
(a) Modify, suspend or terminate the order for
withholding because of a modification, suspension or
termination of the underlying order for support; or
(b) Modify the amount of income to be withheld to
reflect payment in full or in part of the delinquency or
arrearage by income withholding or otherwise; or
(c) Suspend the order for withholding because of
inability to deliver income withheld to the obligee due
to the obligee's failure to provide a mailing address or
other means of delivery.
(3) The obligor, obligee or public office shall serve on
the payor, by certified mail or personal delivery, a copy of
any order entered pursuant to this subsection that affects
the duties of the payor.
(4) At any time, a public office or Clerk of the Circuit
Court may serve a notice on the payor to:
(a) cease withholding of income for payment of
current support for a child when the support obligation
for that child has automatically ceased under the order
for support through emancipation or otherwise; or
(b) cease withholding of income for payment of
delinquency or arrearage when the delinquency or
arrearage has been paid in full.
(5) The notice provided for under paragraph (4) of this
subsection shall be served on the payor by ordinary mail, and
a copy shall be provided to the obligor and the obligee. A
copy of the notice shall be filed with the Clerk of the
Circuit Court.
(6) The order for withholding shall continue to be
binding upon the payor until service of any order of the
court or notice entered or provided for under this
subsection.
(I) Additional Duties.
(1) An obligee who is receiving income withholding
payments under this Section shall notify the payor, if the
obligee receives the payments directly from the payor, or the
public office or the Clerk of the Circuit Court, as
appropriate, of any change of address within 7 days of such
change.
(2) An obligee who is a recipient of public aid shall
send a copy of any notice of delinquency filed pursuant to
subsection (C) to the Bureau of Child Support of the Illinois
Department of Public Aid.
(3) Each obligor shall notify the obligee and the Clerk
of the Circuit Court of any change of address within 7 days.
(4) An obligor whose income is being withheld or who has
been served with a notice of delinquency pursuant to this
Section shall notify the obligee and the Clerk of the Circuit
Court of any new payor, within 7 days.
(5) When the Illinois Department of Public Aid is no
longer authorized to receive payments for the obligee, it
shall, within 7 days, notify the payor or, where appropriate,
the Clerk of the Circuit Court, to redirect income
withholding payments to the obligee.
(6) The obligee or public office shall provide notice to
the payor and Clerk of the Circuit Court of any other support
payment made, including but not limited to, a set-off under
federal and State law or partial payment of the delinquency
or arrearage, or both.
(7) Any public office and Clerk of the Circuit Court
which collects, disburses or receives payments pursuant to
orders for withholding shall maintain complete, accurate, and
clear records of all payments and their disbursements.
Certified copies of payment records maintained by a public
office or Clerk of the Circuit Court shall, without further
proof, be admitted into evidence in any legal proceedings
under this Section.
(8) The Illinois Department of Public Aid shall design
suggested legal forms for proceeding under this Section and
shall make available to the courts such forms and
informational materials which describe the procedures and
remedies set forth herein for distribution to all parties in
support actions.
(9) At the time of transmitting each support payment,
the clerk of the circuit court shall provide the obligee or
public office, as appropriate, with any information furnished
by the payor as to the date income was paid from which such
support was withheld.
(J) Penalties.
(1) Where a payor wilfully fails to withhold or pay over
income pursuant to a properly served, specially certified
order for withholding and any notice of delinquency, or
wilfully discharges, disciplines, refuses to hire or
otherwise penalizes an obligor as prohibited by subsection
(G), or otherwise fails to comply with any duties imposed by
this Section, 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:
(a) Shall enter judgment and direct the enforcement
thereof for the total amount that the payor wilfully
failed to withhold or pay over; and
(b) 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.
(2) Any obligee, public office or obligor who wilfully
initiates a false proceeding under this Section or who
wilfully fails to comply with the requirements of this
Section shall be punished as in cases of contempt of court.
(K) Alternative Procedures for Entry and Service of an Order
for Withholding.
(1) Effective January 1, 1987, in any matter in which an
order for withholding has not been entered for any reason,
based upon the last order for support that has been entered,
and in which the obligor has become delinquent in payment of
an amount equal to at least one month's support obligation
pursuant to the last order for support or is at least 30 days
late in complying with all or part of the order for support,
the obligee or public office may prepare and serve an order
for withholding pursuant to the procedures set forth in this
subsection.
(2) The obligee or public office shall:
(a) Prepare a proposed order for withholding for
immediate service as provided by paragraphs (1) and (3)
of subsection (B), except that the minimum 20%
delinquency payment shall be used;
(b) Prepare a notice of delinquency as provided by
paragraphs (1) and (2) of subsection (C), except the
notice shall state further that the order for withholding
has not been entered by the court and the conditions
under which the order will be entered; and
(c) Serve the notice of delinquency and form
petition to stay service as provided by paragraph (3) of
subsection (C), together with the proposed order for
withholding, which shall be marked "COPY ONLY".
(3) After 20 days following service of the notice of
delinquency and proposed order for withholding, in lieu of
the provisions of subsection (E), the obligee or public
office shall file with the Clerk of the Circuit Court an
affidavit, with a copy of the notice of delinquency and
proposed order for withholding attached thereto, stating
that:
(a) The notice of delinquency and proposed order
for withholding have been served upon the obligor and the
date on which service was effected;
(b) The obligor has not filed a petition to stay
service within 20 days of service of such notice and
order; and
(c) The proposed order for withholding accurately
states the terms and amounts contained in the last order
for support.
(4) Upon the court's satisfaction that the procedures
set forth in this subsection have been met, it shall enter
the order for withholding.
(5) The Clerk shall then provide to the obligee or
public office a specially certified copy of the order for
withholding and the notice of delinquency indicating that the
preconditions for service have been met.
(6) The obligee or public office shall serve the
specially certified copies of the order for withholding and
the notice of delinquency on the payor, its superintendent,
manager or other agent by certified mail or personal
delivery. A proof of service shall be filed with the Clerk
of the Circuit Court.
(7) If the obligor requests in writing that income
withholding become effective prior to becoming delinquent in
payment of an amount equal to one month's support obligation
pursuant to the last order for support, or prior to becoming
30 days late in paying all or part of the order for support,
the obligee or public office shall file an affidavit with the
Clerk of the circuit Court, with a proposed order for
withholding attached, stating that the proposed order
accurately states the terms and amounts contained in the last
order for support and the obligor's request for immediate
service. The provisions of paragraphs (4) through (6) of this
subsection shall apply, except that a notice of delinquency
shall not be required.
(8) All other provisions of this Section shall be
applicable with respect to the provisions of this subsection
(K), except that under paragraph (1) of subsection (H), the
court may also amend the proposed order for withholding to
conform to the last order for support.
(9) Nothing in this subsection shall be construed as
limiting the requirements of paragraph (1) of subsection (B)
with respect to the entry of a separate order for withholding
upon entry of any order for support.
(L) Remedies in Addition to Other Laws.
(1) The rights, remedies, duties and penalties created
by this Section are in addition to and not in substitution
for any other rights, remedies, duties and penalties created
by any other law.
(2) Nothing in this Section shall be construed as
invalidating any assignment of wages or benefits executed
prior to January 1, 1984.
(Source: P.A. 87-529; 87-935; 87-988; 87-1105; 88-26; 88-45;
88-94; 88-131; 88-307; 88-670, eff. 12-2-94.)
(Text of Section after amendment by P.A. 89-507)
Sec. 10-16.2. Withholding of Income to Secure Payment of
Support.
(A) Definitions.
(1) "Order for support" means any order of the court
which provides for periodic payment of funds for the support
of a child or maintenance of a spouse, whether temporary or
final, and includes any such order which provides for:
(a) Modification or resumption of, or payment of
arrearage accrued under, a previously existing order;
(b) Reimbursement of support; or
(c) Enrollment in a health insurance plan that is
available to the obligor through an employer or labor
union or trade union.
(2) "Arrearage" means the total amount of unpaid support
obligations as determined by the court and incorporated into
an order for support.
(3) "Delinquency" means any payment under an order for
support which becomes due and remains unpaid after entry of
the an order for support withholding has been entered under
subsection (B) or, for purposes of subsection (K), after the
last order for support was entered for which no order for
withholding was entered.
(4) "Income" means any form of periodic payment to an
individual, regardless of source, including, but not limited
to: wages, salary, commission, compensation as an independent
contractor, workers' compensation, disability, annuity,
pension, and retirement benefits, lottery prize awards,
insurance proceeds, vacation pay, bonuses, profit-sharing
payments, interest, and any other payments, made by any
person, private entity, federal or state government, any unit
of local government, school district or any entity created by
Public Act; however, "income" excludes:
(a) Any amounts required by law to be withheld,
other than creditor claims, including, but not limited
to, federal, State and local taxes, Social Security and
other retirement and disability contributions;
(b) Union dues;
(c) Any amounts exempted by the federal Consumer
Credit Protection Act;
(d) Public assistance payments; and
(e) Unemployment insurance benefits except as
provided by law.
Any other State or local laws which limit or exempt
income or the amount or percentage of income that can be
withheld shall not apply.
(5) "Obligor" means the individual who owes a duty to
make payments under an order for support.
(6) "Obligee" means the individual to whom a duty of
support is owed or the individual's legal representative.
(7) "Payor" means any payor of income to an obligor.
(8) "Public office" means any elected official or any
State or local agency which is or may become responsible by
law for enforcement of, or which is or may become authorized
to enforce, an order for support, including, but not limited
to: the Attorney General, the Illinois Department of Public
Aid, the Illinois Department of Human Services (as successor
to the Department of Mental Health and Developmental
Disabilities), the Illinois Department of Children and Family
Services, and the various State's Attorneys, Clerks of the
Circuit Court and supervisors of general assistance.
(9) "Premium" means the dollar amount for which the
obligor is liable to his employer or labor union or trade
union and which must be paid to enroll or maintain a child in
a health insurance plan that is available to the obligor
through an employer or labor union or trade union.
(B) Entry of Order for Support Containing Income Withholding
Provisions; Income Withholding Notice.
(1) In addition to any content required under other
laws, every order for support entered on or after July 1,
1997, shall:
(a) 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
(b) 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
(c) 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.
(2) 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.
(3) The income withholding notice shall:
(a) Be in the standard format prescribed by the
federal Department of Health and Human Services; and
(b) Direct any payor to withhold the dollar amount
required for current support under the order for support;
and
(c) 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
(d) 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
(e) State the amount of the payor income
withholding fee specified under this Section; and
(f) 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
(g) 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
(h) State the rights, remedies, and duties of the
obligor under this Section; and
(i) Include the obligor's Social Security Number;
and
(j) 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.
(4) The accrual of a delinquency as a condition for
service of an income withholding notice, under the exception
to immediate withholding in paragraph (1) of this subsection,
shall apply only to the initial service of an income
withholding notice on a payor of the obligor.
(5) Notwithstanding the exception to immediate
withholding contained in paragraph (1) of this subsection, 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.
(6) If the order for support, under the exception to
immediate withholding contained in paragraph (1) of this
subsection, 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.
(7) 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. Proofs of
service on the payor and the obligor shall be filed with the
Clerk of the Circuit Court.
(8) At any time after the initial service of an income
withholding notice under this Section, any other payor of the
obligor may be served with the same income withholding notice
without further notice to the obligor.
(C) Income Withholding After Accrual of Delinquency.
(1) Whenever an obligor accrues a delinquency, the
obligee or public office may prepare and serve upon the
obligor's payor an income withholding notice that:
(a) Contains the information required under
paragraph (3) of subsection (B); and
(b) Contains a computation of the period and total
amount of the delinquency as of the date of the notice;
and
(c) Directs the payor to withhold the dollar amount
required to be withheld periodically under the order for
support for payment of the delinquency.
(2) The income withholding notice and the obligor's copy
of the income withholding notice shall be served as provided
in paragraph (7) of subsection (B).
(3) The obligor may contest withholding commenced under
this subsection by filing a petition to contest withholding
with the Clerk of the Circuit Court within 20 days after
service of a copy of the income withholding notice on the
obligor. However, the grounds for the petition to contest
withholding shall be limited to:
(a) A dispute concerning the existence or amount of
the delinquency; or
(b) The identity of the obligor.
The Clerk of the Circuit Court shall notify the obligor
and the obligee or public office of the time and place of the
hearing on the petition to contest withholding. The court
shall hold the hearing pursuant to the provisions of
subsection (F).
(D) Initiated Withholding.
(1) Notwithstanding any other provision of this Section,
if the court has not required that income withholding take
effect immediately, the obligee or public office may initiate
withholding, regardless of whether a delinquency has accrued,
by preparing and serving an income withholding notice on the
payor that contains the information required under paragraph
(3) of subsection (B) and states that the parties' written
agreement providing an alternative arrangement to immediate
withholding under paragraph (1) of subsection (B) no longer
ensures payment of support and the reason or reasons why it
does not.
(2) The income withholding notice and the obligor's copy
of the income withholding notice shall be served as provided
in paragraph (7) of subsection (B).
(3) The obligor may contest withholding commenced under
this subsection by filing a petition to contest withholding
with the Clerk of the Circuit Court within 20 days after
service of a copy of the income withholding notice on the
obligor. However, the grounds for the petition shall be
limited to a dispute concerning:
(a) whether the parties' written agreement providing
an alternative arrangement to immediate withholding under
paragraph (1) of subsection (B) continues to ensure
payment of support; or
(b) the identity of the obligor.
It shall not be grounds for filing a petition that the
obligor has made all payments due by the date of the
petition.
(4) If the obligor files a petition contesting
withholding within the 20-day period required under paragraph
(3), the Clerk of the Circuit Court shall notify the obligor
and the obligee or public office, as appropriate, of the time
and place of the hearing on the petition. The court shall
hold the hearing pursuant to the provisions of subsection
(F).
(B) Entry of an Order for Withholding.
(1) Upon entry of any order for support on or after
January 1, 1984, the court shall enter a separate order for
withholding which shall not take effect unless the obligor
becomes delinquent in paying the order for support or the
obligor requests an earlier effective date; except that the
court may require the order for withholding to take effect
immediately.
On or after January 1, 1989, the court shall require the
order for withholding to take effect immediately, 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 insures
payment of support. In that case, the court shall enter the
order for withholding which will not take effect unless the
obligor becomes delinquent in paying the order for support.
Upon entry of any order of support on or after September
11, 1989, if the obligor is not a United States citizen, the
obligor shall provide to the court the obligor's alien
registration number, passport number, and home country's
social security or national health number, if applicable; the
court shall make the information part of the record in the
case.
(2) An order for withholding shall be entered upon
petition by the obligee or public office where an order for
withholding has not been previously entered.
(3) The order for withholding shall:
(a) Direct any payor to withhold a dollar amount
equal to the order for support; and
(b) Direct any payor to withhold an additional
dollar amount, not less than 20% of the order for
support, until payment in full of any delinquency stated
in the notice of delinquency provided for in subsection
(C) or (F) of this Section; and
(c) 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 premium; and
(d) State the rights, remedies and duties of the
obligor under this Section; and
(e) Include the obligor's Social Security Number,
which the obligor shall disclose to the court; and
(f) 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.
(4) At the time the order for withholding is entered,
the Clerk of the Circuit Court shall provide a copy of the
order for withholding and the order for support to the
obligor and shall make copies available to the obligee and
public office. Any copy of the order for withholding
furnished to the parties under this subsection shall be
stamped "Not Valid".
(5) The order for withholding shall remain in effect for
as long as the order for support upon which it is based.
(6) The failure of an order for withholding to state an
arrearage is not conclusive of the issue of whether an
arrearage is owing.
(7) Notwithstanding the provisions of this subsection,
if the court finds at the time of any hearing that an
arrearage has accrued in an amount equal to at least one
month's support obligation or that the obligor is 30 days
late in paying all or part of the order for support, the
court shall order immediate service of the order for
withholding upon the payor.
(8) Where the court has not required that the order for
withholding take effect immediately, the obligee or public
office may prepare and serve a notice for immediate
withholding upon the obligor by ordinary mail addressed to
the obligor at his or her last known address. The notice
shall state that the following circumstances have occurred:
(a) The parties' written agreement providing an
alternative arrangement to immediate withholding under
paragraph (1) of this subsection no longer provides for
timely payment of all support due; or
(b) The obligor has not made timely payments in
that the obligor has been at least 7 days late in paying
all or part of the order for support any of the last 6
consecutive dates payments were due prior to the date of
the notice for immediate withholding.
The notice for immediate withholding shall clearly state
that a specially certified copy of the order for withholding
will be sent to the payor, unless the obligor files a
petition contesting immediate withholding within 20 days
after service of the notice; however, the grounds for the
petition shall be limited to a dispute concerning whether the
circumstances stated in the notice have occurred or the
identity of the obligor. It shall not be grounds for the
petition that the obligor has made all payments due by the
date of the petition.
If the obligor files a petition contesting immediate
withholding within the 20-day period required under this
paragraph, the Clerk of the Circuit Court shall notify the
obligor and the obligee or public office, as appropriate, of
the time and place of the hearing on the petition. Upon
hearing the petition, the court shall enter an order granting
or denying relief. It shall not be grounds for granting the
obligor's petition that he or she has made all payments due
by the date of hearing. If the court denies the obligor's
petition, it shall order immediate service of the order for
withholding and direct the clerk to provide a specially
certified copy of the order for withholding to the obligee or
public office indicating that the requirements for immediate
withholding under this paragraph have been met.
If the obligor does not file a petition contesting
immediate withholding within the 20-day period, the obligee
or public office shall file with the Clerk of the Circuit
Court an affidavit, with a copy of the notice for immediate
withholding attached thereto, stating that the notice was
duly served and the date on which service was effected, and
that the obligor has not filed a petition contesting
immediate withholding. The clerk shall then provide to the
obligee or public office a specially certified copy of the
order for withholding indicating that the requirements for
immediate withholding under this paragraph have been met.
Upon receipt of a specially certified copy of the order
for withholding, the obligee or public office may serve the
order on the payor, its superintendent, manager or other
agent, by certified mail or personal delivery. A proof of
service shall be filed with the Clerk of the Circuit Court.
(C) Notice of Delinquency.
(1) Whenever an obligor becomes delinquent in payment of
an amount equal to at least one month's support obligation
pursuant to the order for support or is at least 30 days late
in complying with all or part of the order for support,
whichever occurs first, the obligee or public office may
prepare and serve a verified notice of delinquency, together
with a form petition to stay service, pursuant to paragraph
(3) of this subsection.
(2) The notice of delinquency shall recite the terms of
the order for support and contain a computation of the period
and total amount of the delinquency, as of the date of the
notice. The notice shall clearly state that it will be sent
to the payor, together with a specially certified copy of the
order for withholding, except as provided in subsection (F),
unless the obligor files a petition to stay service in
accordance with paragraph (1) of subsection (D).
(3) The notice of delinquency shall be served by
ordinary mail addressed to the obligor at his or her last
known address.
(4) The obligor may execute a written waiver of the
provisions of paragraphs (1) through (3) of this subsection
and request immediate service upon the payor.
(D) Procedures to Avoid Income Withholding.
(1) Except as provided in subsection (F), the obligor
may prevent an order for withholding from being served by
filing a petition to stay service with the Clerk of the
Circuit Court, within 20 days after service of the notice of
delinquency; however, the grounds for the petition to stay
service shall be limited to:
(a) A dispute concerning the amount of current
support or the existence or amount of the delinquency;
(b) The identity of the obligor.
The Clerk of the Circuit Court shall notify the obligor
and the obligee or public office, as appropriate, of the time
and place of the hearing on the petition to stay service. The
court shall hold such hearing pursuant to the provisions of
subsection (H).
(2) Except as provided in subsection (F), filing of a
petition to stay service, within the 20-day period required
under this subsection, shall prohibit the obligee or public
office from serving the order for withholding on any payor of
the obligor.
(E) Initial Service of Order for Withholding.
(1) Except as provided in subsection (F), in order to
serve an order for withholding upon a payor, an obligee or
public office shall follow the procedures set forth in this
subsection. After 20 days following service of the notice of
delinquency, the obligee or public office shall file with the
Clerk of the Circuit Court an affidavit, with the copy of the
notice of delinquency attached thereto, stating:
(a) that the notice of delinquency has been duly
served and the date on which service was effected; and
(b) that the obligor has not filed a petition to
stay service, or in the alternative
(c) that the obligor has waived the provisions of
subparagraphs (a) and (b) of this paragraph (1) in
accordance with subsection (C)(4).
(2) Upon request of the obligee or public office, the
Clerk of the Circuit Court shall: (a) make available any
record of payment; and (b) determine that the file contains a
copy of the affidavit described in paragraph (1). The Clerk
shall then provide to the obligee or public office a
specially certified copy of the order for withholding and the
notice of delinquency indicating that the preconditions for
service have been met.
(3) The obligee or public office may then serve the
notice of delinquency and order for withholding on the payor,
its superintendent, manager or other agent, by certified mail
or personal delivery. A proof of service shall be filed with
the Clerk of the Circuit Court.
(F) Subsequent Service of Order for Withholding.
(1) Notwithstanding the provisions of this Section, at
any time after the court has ordered immediate service of an
order for withholding or after initial service of an order
for withholding pursuant to subsection (E), the obligee or
public office may serve the order for withholding upon any
payor of the obligor without further notice to the obligor.
The obligee or public office shall provide notice to the
payor, pursuant to paragraph (6) of subsection (I), of any
payments that have been made through previous withholding or
any other method.
(2) The Clerk of the Circuit Court shall, upon request,
provide the obligee or public office with specially certified
copies of the order for withholding or the notice of
delinquency or both whenever the Court has ordered immediate
service of an order for withholding or an affidavit has been
placed in the court file indicating that the preconditions
for service have been previously met or that the requirements
for immediate withholding under paragraph (8) of subsection B
have been previously met. The obligee or public office may
then serve the order for withholding on the payor, its
superintendent, manager or other agent by certified mail or
personal delivery. A proof of service shall be filed with
the Clerk of the Circuit Court.
(3) If a delinquency has accrued for any reason, the
obligee or public office may serve a notice of delinquency
upon the obligor pursuant to subsection (C). The obligor may
prevent the notice of delinquency from being served upon the
payor by utilizing the procedures set forth in subsection
(D). If no petition to stay service has been filed within the
required 20 day time period, the obligee or public office may
serve the notice of delinquency on the payor by utilizing the
procedures for service set forth in subsection (E).
(E) (G) Duties of Payor.
(1) It shall be the duty of any payor who has been
served with an income withholding a copy of the specially
certified order for withholding and any notice of delinquency
to deduct and pay over income as provided in this subsection.
The payor shall deduct the amount designated in the income
order for withholding notice, as supplemented by the notice
of delinquency and any notice provided pursuant to paragraph
(6) of subsection (G) (I), 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 order and any notice was were mailed, sent by
facsimile or other electronic means, by certified mail 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 obligee or public office 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 10 calendar days of
the date income is paid to the obligor in accordance with the
order for withholding and any subsequent notification
received from the public office redirecting payments. If the
payor knowingly fails to pay any amount withheld to the
obligee or public office within 7 business days after the
date the amount would have been 10 calendar days of the date
income is paid or credited to the obligor, the payor shall
pay a penalty of $100 for each day that the withheld amount
is not paid to the obligee or public office after the period
of 7 business 10 calendar days has expired. The failure of a
payor, on more than one occasion, to pay amounts withheld to
the obligee or public office within 7 business days after the
date the amount would have been 10 calendar days of the date
income is not 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. For purposes of this Section, 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
obligee or public office, 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 income was
paid from which support was withheld.
Upon receipt of an income withholding notice order
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 court order. 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.
(2) Whenever the obligor is no longer receiving income
from the payor, the payor shall return a copy of the income
order for withholding notice to the obligee or public office
and shall provide information for the purpose of enforcing
this Section.
(3) Withholding of income under this Section 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 Section shall
not be in excess of the maximum amounts permitted under the
federal Consumer Credit Protection Act. If the payor has been
served with more than one income order for 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. If there
is any income available for withholding after withholding for
all current support obligations, the payor shall allocate the
income to past due support payments ordered in cases in which
cash assistance under this Code is not being provided to the
obligee non-AFDC matters and then to past due support
payments ordered in cases in which cash assistance under this
Code is being provided to the obligee AFDC matters, both on a
proportionate share basis. 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. Payment as required by
the order for withholding shall be a complete defense by the
payor against any claims of the obligor or his creditors as
to the sum so paid.
(4) No payor shall discharge, discipline, refuse to hire
or otherwise penalize any obligor because of the duty to
withhold income.
(F) (H) Petitions to Contest Withholding Stay Service or to
Modify, Suspend, or Terminate, or Correct Income Orders for
Withholding Notices.
(1) When an obligor files a petition to contest
withholding stay service, the court, after due notice to all
parties, shall hear the matter as soon as practicable and
shall enter an order granting or denying relief, ordering
service of an amended income withholding notice amending the
notice of delinquency, amending the order for withholding,
where applicable, or otherwise resolving the matter.
The court shall deny the obligor's petition if the court
finds that when the income withholding notice was mailed,
sent by facsimile transmission or other electronic means, or
placed for personal delivery to or service on the payor:
(a) A delinquency existed; or
(b) The parties' written agreement providing an
alternative arrangement to immediate withholding under
paragraph (1) of subsection (B) no longer ensured payment
of support. If the court finds that a delinquency existed
when the notice of delinquency was served upon the
obligor, in an amount of at least one month's support
obligation, or that the obligor was at least 30 days late
in paying all or part of the order for support, the court
shall order immediate service of the order for
withholding. Where the court cannot promptly resolve any
dispute over the amount of the delinquency, the court may
order immediate service of the order for withholding as
to any undisputed amounts specified in an amended notice
of delinquency, and may continue the hearing on the
disputed amounts.
(2) At any time, an obligor, obligee, public office or
Clerk of the Circuit Court may petition the court to:
(a) Modify, suspend or terminate the income order
for withholding notice because of a modification,
suspension or termination of the underlying order for
support; or
(b) Modify the amount of income to be withheld to
reflect payment in full or in part of the delinquency or
arrearage by income withholding or otherwise; or
(c) Suspend the income order for withholding notice
because of inability to deliver income withheld to the
obligee due to the obligee's failure to provide a mailing
address or other means of delivery.
(3) At any time an obligor may petition the court to
correct a term contained in an income withholding notice to
conform to that stated in the underlying order for support
for:
(a) The amount of current support;
(b) The amount of the arrearage;
(c) The periodic amount for payment of the
arrearage; or
(d) The periodic amount for payment of the
delinquency.
(4) (3) The obligor, obligee or public office shall
serve on the payor, in the manner provided for service of
income withholding notices in paragraph (7) of subsection (B)
by certified mail or personal delivery, a copy of any order
entered pursuant to this subsection that affects the duties
of the payor.
(5) (4) At any time, a public office or Clerk of the
Circuit Court may serve a notice on the payor to:
(a) Cease withholding of income for payment of
current support for a child when the support obligation
for that child has automatically ceased under the order
for support through emancipation or otherwise; or
(b) Cease withholding of income for payment of
delinquency or arrearage when the delinquency or
arrearage has been paid in full.
(6) (5) The notice provided for under paragraph (5) (4)
of this subsection shall be served on the payor in the manner
provided for service of income withholding notices in
paragraph (7) of subsection (B) by ordinary mail, and a copy
shall be provided to the obligor and the obligee. A copy of
the notice shall be filed with the Clerk of the Circuit
Court.
(7) (6) The income order for withholding notice shall
continue to be binding upon the payor until service of an
amended income withholding notice or any order of the court
or notice entered or provided for under this subsection.
(G) (I) Additional Duties.
(1) An obligee who is receiving income withholding
payments under this Section shall notify the payor, if the
obligee receives the payments directly from the payor, or the
public office or the Clerk of the Circuit Court, as
appropriate, of any change of address within 7 days of such
change.
(2) An obligee who is a recipient of public aid shall
send a copy of any income withholding notice served by the
obligee of delinquency filed pursuant to subsection (C) to
the Division Bureau of Child Support Enforcement of the
Illinois Department of Public Aid.
(3) Each obligor shall notify the obligee, the public
office, and the Clerk of the Circuit Court of any change of
address within 7 days.
(4) An obligor whose income is being withheld or who has
been served with a notice of delinquency pursuant to this
Section shall notify the obligee, the public office, and the
Clerk of the Circuit Court of any new payor, within 7 days.
(5) When the Illinois Department of Public Aid is no
longer authorized to receive payments for the obligee, it
shall, within 7 days, notify the payor or, where appropriate,
the Clerk of the Circuit Court, to redirect income
withholding payments to the obligee.
(6) The obligee or public office shall provide notice to
the payor and Clerk of the Circuit Court of any other support
payment made, including but not limited to, a set-off under
federal and State law or partial payment of the delinquency
or arrearage, or both.
(7) Any public office and Clerk of the Circuit Court
which collects, disburses or receives payments pursuant to
income orders for withholding notices shall maintain
complete, accurate, and clear records of all payments and
their disbursements. Certified copies of payment records
maintained by a public office or Clerk of the Circuit Court
shall, without further proof, be admitted into evidence in
any legal proceedings under this Section.
(8) The Illinois Department of Public Aid shall design
suggested legal forms for proceeding under this Section and
shall make available to the courts such forms and
informational materials which describe the procedures and
remedies set forth herein for distribution to all parties in
support actions.
(9) At the time of transmitting each support payment,
the clerk of the circuit court shall provide the obligee or
public office, as appropriate, with any information furnished
by the payor as to the date the amount would (but for the
duty to withhold income) have been paid or credited to the
obligor income was paid from which such support was withheld.
(H) (J) Penalties.
(1) Where a payor wilfully fails to withhold or pay over
income pursuant to a properly served income withholding
notice, specially certified order for withholding and any
notice of delinquency, or wilfully discharges, disciplines,
refuses to hire or otherwise penalizes an obligor as
prohibited by subsection (E) (G), or otherwise fails to
comply with any duties imposed by this Section, 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:
(a) Shall enter judgment and direct the enforcement
thereof for the total amount that the payor wilfully
failed to withhold or pay over; and
(b) 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.
(2) Any obligee, public office or obligor who wilfully
initiates a false proceeding under this Section or who
wilfully fails to comply with the requirements of this
Section shall be punished as in cases of contempt of court.
(I) Alternative Procedures for Service of an Income
Withholding Notice.
(1) The procedures of this subsection may be used in any
matter to serve an income withholding notice on a payor if:
(a) For any reason the most recent order for
support entered does not contain the income withholding
provisions required under subsection (B), irrespective of
whether a separate order for withholding was entered
prior to July 1, 1997; and
(b) The obligor has accrued a delinquency after
entry of the most recent order for support.
(2) The obligee or public office shall prepare and serve
the income withholding notice in accordance with the
provisions of subsection (C), except that the notice shall
contain a periodic amount for payment of the delinquency
equal to 20% of the total of the current support amount and
the amount to be paid periodically for payment of any
arrearage stated in the most recent order for support.
(3) If the obligor requests in writing that income
withholding become effective prior to the obligor accruing a
delinquency under the most recent order for support, the
obligee or public office may prepare and serve an income
withholding notice on the payor as provided in subsection
(B). In addition to filing proofs of service of the income
withholding notice on the payor and the obligor, the obligee
or public office shall file a copy of the obligor's written
request for income withholding with the Clerk of the Circuit
Court.
(4) All other provisions of this Section shall be
applicable with respect to the provisions of this subsection
(I).
(K) Alternative Procedures for Entry and Service of an Order
for Withholding.
(1) Effective January 1, 1987, in any matter in which an
order for withholding has not been entered for any reason,
based upon the last order for support that has been entered,
and in which the obligor has become delinquent in payment of
an amount equal to at least one month's support obligation
pursuant to the last order for support or is at least 30 days
late in complying with all or part of the order for support,
the obligee or public office may prepare and serve an order
for withholding pursuant to the procedures set forth in this
subsection.
(2) The obligee or public office shall:
(a) Prepare a proposed order for withholding for
immediate service as provided by paragraphs (1) and (3)
of subsection (B), except that the minimum 20%
delinquency payment shall be used;
(b) Prepare a notice of delinquency as provided by
paragraphs (1) and (2) of subsection (C), except the
notice shall state further that the order for withholding
has not been entered by the court and the conditions
under which the order will be entered; and
(c) Serve the notice of delinquency and form
petition to stay service as provided by paragraph (3) of
subsection (C), together with the proposed order for
withholding, which shall be marked "COPY ONLY".
(3) After 20 days following service of the notice of
delinquency and proposed order for withholding, in lieu of
the provisions of subsection (E), the obligee or public
office shall file with the Clerk of the Circuit Court an
affidavit, with a copy of the notice of delinquency and
proposed order for withholding attached thereto, stating
that:
(a) The notice of delinquency and proposed order
for withholding have been served upon the obligor and the
date on which service was effected;
(b) The obligor has not filed a petition to stay
service within 20 days of service of such notice and
order; and
(c) The proposed order for withholding accurately
states the terms and amounts contained in the last order
for support.
(4) Upon the court's satisfaction that the procedures
set forth in this subsection have been met, it shall enter
the order for withholding.
(5) The Clerk shall then provide to the obligee or
public office a specially certified copy of the order for
withholding and the notice of delinquency indicating that the
preconditions for service have been met.
(6) The obligee or public office shall serve the
specially certified copies of the order for withholding and
the notice of delinquency on the payor, its superintendent,
manager or other agent by certified mail or personal
delivery. A proof of service shall be filed with the Clerk
of the Circuit Court.
(7) If the obligor requests in writing that income
withholding become effective prior to becoming delinquent in
payment of an amount equal to one month's support obligation
pursuant to the last order for support, or prior to becoming
30 days late in paying all or part of the order for support,
the obligee or public office shall file an affidavit with the
Clerk of the circuit Court, with a proposed order for
withholding attached, stating that the proposed order
accurately states the terms and amounts contained in the last
order for support and the obligor's request for immediate
service. The provisions of paragraphs (4) through (6) of this
subsection shall apply, except that a notice of delinquency
shall not be required.
(8) All other provisions of this Section shall be
applicable with respect to the provisions of this subsection
(K), except that under paragraph (1) of subsection (H), the
court may also amend the proposed order for withholding to
conform to the last order for support.
(9) Nothing in this subsection shall be construed as
limiting the requirements of paragraph (1) of subsection (B)
with respect to the entry of a separate order for withholding
upon entry of any order for support.
(J) (L) Remedies in Addition to Other Laws.
(1) The rights, remedies, duties and penalties created
by this Section are in addition to and not in substitution
for any other rights, remedies, duties and penalties created
by any other law.
(2) Nothing in this Section shall be construed as
invalidating any assignment of wages or benefits executed
prior to January 1, 1984 or any order for withholding served
prior to July 1, 1997.
(Source: P.A. 88-26; 88-45; 88-94; 88-131; 88-307; 88-670,
eff. 12-2-94; 89-507, eff. 7-1-97.)
(305 ILCS 5/10-17.1) (from Ch. 23, par. 10-17.1)
Sec. 10-17.1. Administrative Order by Registration. The
Illinois Department may provide by rule for the registration
of a support order entered by a court or administrative body
of this or any other State. Registration shall be for the
sole purpose of enforcing the registered order and shall not
confer jurisdiction on the Illinois Department for any other
purpose, including modification. Upon registration, such
support order shall become an administrative order of the
Child and Spouse Support Unit by operation of law. The rule
shall provide for notice to and an opportunity to be heard by
the responsible relative affected and any final
administrative decision rendered by the Department shall be
reviewed only under and in accordance with the Administrative
Review Law.
Any new or existing support order registered by the
Illinois Department under this Section shall be deemed to be
a series of judgments against the person obligated to pay
support thereunder, each such judgment to be in the amount of
each payment or installment of support and each such judgment
to be deemed entered as of the date the corresponding payment
or installment becomes due under the terms of the support
order. Each such judgment shall be enforceable in the same
manner as any other judgment in this State. A lien arises by
operation of law against the real and personal property of
the noncustodial parent for each installment of overdue
support owed by the noncustodial parent.
A one-time charge of 20% is imposable upon the amount of
past-due child support owed on July 1, 1988, which has
accrued under a support order registered by the Illinois
Department under this Section. The charge shall be imposed
in accordance with the provisions of Section 10-21 and shall
be enforced by the court in a suit filed under Section 10-15.
(Source: P.A. 88-687, eff. 1-24-95.)
(305 ILCS 5/10-17.2) (from Ch. 23, par. 10-17.2)
Sec. 10-17.2. Income Withholding By Administrative
Order. The Illinois Department may provide by rule for entry
of an administrative support order containing income for
withholding provisions and for its subsequent service and
enforcement of an income withholding notice, by the Child and
Spouse Support Unit based upon and in the same manner as
prescribed by Section 10-16.2. The penalties provided in
Section 10-16.2 shall apply hereto and shall be enforced by
filing an action under that Section. The rule shall provide
for notice to and an opportunity to be heard by the
responsible relative affected and any final administrative
decision rendered by the Department shall be reviewed only
under and in accordance with the Administrative Review Law.
(Source: P.A. 84-1389.)
(305 ILCS 5/10-17.11 new)
Sec. 10-17.11. Requests to other states for
administrative enforcement. The Illinois Department may
provide by rule for certification to other states' child
support enforcement agencies of past due support owed by
responsible relatives under a support order entered by a
court or administrative body of this or any other state on
behalf of resident or non-resident persons. The purpose of
certification shall be to request the other states'
assistance in administrative enforcement of the support
orders. The rule shall provide for notice to and an
opportunity to be heard by the responsible relative affected
and any final administrative decision rendered by the
Illinois Department shall be reviewed only under and in
accordance with the Administrative Review Law.
(305 ILCS 5/10-24 new)
Sec. 10-24. Definitions. In this Section through
Section 10-24.50:
"Account" means a demand deposit account, checking or
negotiable withdrawal order account, savings account, time
deposit account, or money market mutual fund account.
"Financial institution" includes:
(1) a depository institution, which is any bank or
saving association;
(2) an insured depository institution, which is any
bank or saving institution the deposits of which are
insured pursuant to the Federal Deposit Insurance Act, or
any uninsured branch or agency of a foreign bank or a
commercial lending company owned or controlled by a
foreign bank;
(3) a federal depository institution, which is any
national bank, any federal savings association, or any
federal branch;
(4) a state depository institution, which is any
state bank, any state savings association, or any insured
branch which is not a federal branch;
(5) a federal credit union, which is a cooperative
association organized in accordance with the provisions
of the Federal Credit Union Act;
(6) a state chartered credit union which is
organized and operated according to the laws of this or
any other state, which laws provide for the organization
of credit unions similar in principle and objectives to
federal credit unions; and
(7) any benefit association, insurance company,
safe deposit company, money market mutual fund, or
similar entity authorized to do business in this State.
"Financial record" has the meaning given to that term in
Section 1101 of the federal Right to Financial Privacy Act of
1978 (12 U.S.C. 3401).
(305 ILCS 5/10-24.5 new)
Sec. 10-24.5. Financial institutions data matches.
(a) The Illinois Department may design and implement a
data match system pursuant to which the Illinois Department
shall enter into agreements with financial institutions doing
business in this State for the purpose of identifying
accounts as defined in Section 10-24 of responsible relatives
who owe past-due child support.
(b) Every agreement entered into with a financial
institution under this Section shall provide, at the option
of the financial institution, either (i) that the financial
institution shall compare data concerning account holders,
owners, or customers who maintain one or more accounts as
defined in Section 10-24 at the financial institution with
data concerning individuals identified by the Illinois
Department as responsible relatives who owe past-due child
support and for each of whom the Illinois Department shall
provide the name, record address, and social security number
or tax identification number, or (ii) that the financial
institution shall provide the social security number or tax
identification number of the account holders, owners, or
customers who maintain one or more accounts as defined in
Section 10-24 at the financial institution to the Illinois
Department, which shall compare that data with data
concerning individuals identified as responsible relatives
who owe past-due child support.
(c) Every agreement shall provide that the Illinois
Department shall pay to the financial institution providing
or comparing the data a reasonable fee not to exceed the
institution's actual cost of providing the data or performing
the comparison.
(d) If the financial institution or Illinois Department
determines that the name and either social security number or
tax identification number of an individual identified by the
Illinois Department under subsection (b) match the name and
either social security number or tax identification number of
the account holder, owner, or customer who maintains one or
more accounts as defined in Section 10-24 at the financial
institution, then the financial institution shall report the
individual's name and either social security number or tax
identification number to the Illinois Department, for each
calendar quarter in which the individual is identified by the
Illinois Department as a responsible relative who owes
past-due child support.
(305 ILCS 5/10-24.30 new)
Sec. 10-24.30. Types of accounts to be reported. The
reporting requirements of Section 10-24.5 regarding accounts
as defined in Section 10-24 apply to individual accounts,
joint accounts, and sole proprietorship accounts. In the case
of a joint account, the account holder or owner shall be
deemed to be the primary account holder or owner established
by the financial institution in accordance with federal 1099
reporting requirements.
(305 ILCS 5/10-24.35 new)
Sec. 10-24.35. Accommodation of financial institutions.
The Illinois Department of Public Aid shall make a reasonable
effort to accommodate those financial institutions on which
the requirements of this Article X would impose a hardship.
In the case of a non-automated financial institution, a paper
copy including either social security numbers or tax
identification numbers is an acceptable format. In order to
allow for data processing implementation, no agreement shall
become effective earlier than 90 days after its execution.
(305 ILCS 5/10-24.40 new)
Sec. 10-24.40. Financial institution's charges on
account.
(a) If the Illinois Department of Public Aid requests a
financial institution to hold or encumber assets in an
account as defined in Section 10-24, the financial
institution at which the account as defined in Section 10-24
is maintained may charge and collect its normally scheduled
account activity fees to maintain the account during the
period of time the account assets are held or encumbered.
(b) If the Illinois Department of Public Aid takes any
action to enforce a lien or levy imposed on an account, as
defined in Section 10-24, under Section 10-25.5, the
financial institution at which the account is maintained may
charge to the account a fee of up to $50 and shall deduct the
amount of the fee from the account before remitting any
moneys from the account to the Illinois Department of Public
Aid.
(305 ILCS 5/10-24.45 new)
Sec. 10-24.45. Confidentiality. All information
provided by a financial institution under Sections 10-24
through 10-24.50 is confidential and may be used only for the
purpose of enforcing payment of child support. The Illinois
Department shall adopt rules to safeguard any confidential
information received from a financial institution.
(305 ILCS 5/10-24.50 new)
Sec. 10-24.50. Financial institution's freedom from
liability. A financial institution that provides information
under Sections 10-24 through 10-24.50 shall not be liable to
any account holder, owner, or other person in any civil,
criminal, or administrative action for any of the following:
(1) Disclosing the required information to the
Illinois Department of Public Aid, any other provisions
of the law not withstanding.
(2) Holding, encumbering, or surrendering any of an
individual's accounts as defined in Section 10-24 in
response to a lien or order to withhold and deliver
issued by:
(A) the Illinois Department of Public Aid
under Sections 10-25 and 10-25.5; or
(B) a person or entity acting on behalf of the
Illinois Department of Public Aid.
(3) Any other action taken or omission made in good
faith to comply with Sections 10-24 through 10-24.50,
including individual or mechanical errors, provided that
the action or omission does not constitute gross
negligence or willful misconduct.
(305 ILCS 5/10-25 new)
Sec. 10-25. Administrative liens and levies on real
property for past-due child support.
(a) The State shall have a lien on all legal and
equitable interests of responsible relatives in their real
property in the amount of past-due child support owing
pursuant to an order for child support entered under Sections
10-10 and 10-11 of this Code, or under the Illinois Marriage
and Dissolution of Marriage Act, the Non-Support of Spouse
and Children Act, the Uniform Interstate Family Support Act,
or the Illinois Parentage Act of 1984.
(b) The Illinois Department shall provide by rule for
notice to and an opportunity to be heard by each responsible
relative affected, and any final administrative decision
rendered by the Illinois Department shall be reviewed only
under and in accordance with the Administrative Review Law.
(c) When enforcing a lien under subsection (a) of this
Section, the Illinois Department shall have the authority to
execute notices of administrative liens and levies, which
shall contain the name and address of the responsible
relative, a legal description of the real property to be
levied, the fact that a lien is being claimed for past-due
child support, and such other information as the Illinois
Department may by rule prescribe. The Illinois Department
shall record the notice of lien with the recorder or
registrar of titles of the county or counties in which the
real estate is located.
(d) The State's lien under subsection (a) shall be
enforceable upon the recording or filing of a notice of lien
with the recorder or registrar of titles of the county or
counties in which the real estate is located. The lien shall
be prior to any lien thereafter recorded or filed and shall
be notice to a subsequent purchaser, assignor, or
encumbrancer of the existence and nature of the lien. The
lien shall be inferior to the lien of general taxes, special
assessment, and special taxes heretofore or hereafter levied
by any political subdivision or municipal corporation of the
State.
In the event that title to the land to be affected by the
notice of lien is registered under the Registered Titles
(Torrens) Act, the notice shall be filed in the office of the
registrar of titles as a memorial or charge upon each folium
of the register of titles affected by the notice; but the
State shall not have a preference over the rights of any bona
fide purchaser, mortgagee, judgment creditor, or other lien
holders registered prior to the registration of the notice.
(e) The recorder or registrar of titles of each county
shall procure a file labeled "Child Support Lien Notices" and
an index book labeled "Child Support Lien Notices". When
notice of any lien is presented to the recorder or registrar
of titles for filing, the recorder or registrar of titles
shall file it in numerical order in the file and shall enter
it alphabetically in the index. The entry shall show the
name and last known address of the person named in the
notice, the serial number of the notice, the date and hour of
filing, and the amount of child support due at the time when
the lien is filed.
(f) The Illinois Department shall not be required to
furnish bond or make a deposit for or pay any costs or fees
of any court or officer thereof in any legal proceeding
involving the lien.
(g) To protect the lien of the State for past-due child
support, the Illinois Department may, from funds that are
available for that purpose, pay or provide for the payment of
necessary or essential repairs, purchase tax certificates,
pay balances due on land contracts, or pay or cause to be
satisfied any prior liens on the property to which the lien
hereunder applies.
(h) A lien on real property under this Section shall be
released pursuant to Section 12-101 of the Code of Civil
Procedure.
(i) The Illinois Department, acting in behalf of the
State, may foreclose the lien in a judicial proceeding to the
same extent and in the same manner as in the enforcement of
other liens. The process, practice, and procedure for the
foreclosure shall be the same as provided in the Code of
Civil Procedure.
(305 ILCS 5/10-25.5 new)
Sec. 10-25.5. Administrative liens and levies on
personal property for past-due child support.
(a) The State shall have a lien on all legal and
equitable interests of responsible relatives in their
personal property, including any account in a financial
institution as defined in Section 10-24, or in the case of an
insurance company or benefit association only in accounts as
defined in Section 10-24, in the amount of past-due child
support owing pursuant to an order for child support entered
under Sections 10-10 and 10-11 of this Code, or under the
Illinois Marriage and Dissolution of Marriage Act, the
Non-Support of Spouse and Children Act, the Uniform
Interstate Family Support Act, or the Illinois Parentage Act
of 1984.
(b) The Illinois Department shall provide by rule for
notice to and an opportunity to be heard by each responsible
relative affected, and any final administrative decision
rendered by the Illinois Department shall be reviewed only
under and in accordance with the Administrative Review Law.
(c) When enforcing a lien under subsection (a) of this
Section, the Illinois Department shall have the authority to
execute notices of administrative liens and levies, which
shall contain the name and address of the responsible
relative, a description of the property to be levied, the
fact that a lien is being claimed for past-due child support,
and such other information as the Illinois Department may by
rule prescribe. The Illinois Department may serve the notice
of lien or levy upon any financial institution where the
accounts as defined in Section 10-24 of the responsible
relative may be held, for encumbrance or surrender of the
accounts as defined in Section 10-24 by the financial
institution.
(d) The Illinois Department shall enforce its lien
against the responsible relative's personal property, other
than accounts as defined in Section 10-24 in financial
institutions, and levy upon such personal property in the
manner provided for enforcement of judgments contained in
Article XII of the Code of Civil Procedure.
(e) The Illinois Department shall not be required to
furnish bond or make a deposit for or pay any costs or fees
of any court or officer thereof in any legal proceeding
involving the lien.
(f) To protect the lien of the State for past-due child
support, the Illinois Department may, from funds that are
available for that purpose, pay or provide for the payment of
necessary or essential repairs, purchase tax certificates, or
pay or cause to be satisfied any prior liens on the property
to which the lien hereunder applies.
(g) A lien on personal property under this Section shall
be released in the manner provided under Article XII of the
Code of Civil Procedure. Notwithstanding the foregoing, a
lien under this Section on accounts as defined in Section
10-24 shall expire upon the passage of 120 days from the date
of issuance of the Notice of Lien or Levy by the Illinois
Department. However, the lien shall remain in effect during
the pendency of any appeal or protest.
(h) A lien created under this Section is subordinate to
any prior lien of the financial institution or any prior lien
holder or any prior right of set-off that the financial
institution may have against the assets, or in the case of an
insurance company or benefit association only in the accounts
as defined in Section 10-24.
(i) A financial institution has no obligation under this
Section to hold, encumber, or surrender the assets, or in the
case of an insurance company or benefit association only the
accounts as defined in Section 10-24, until the financial
institution has been properly served with a subpoena,
summons, warrant, court or administrative order, or
administrative lien and levy requiring that action.
(305 ILCS 5/12-10.2) (from Ch. 23, par. 12-10.2)
Sec. 12-10.2. The Child Support Enforcement Trust Fund,
to be held by the State Treasurer as ex-officio custodian
outside the State Treasury, pursuant to the Child Support
Enforcement Program established by Title IV-D of the Social
Security Act, shall consist of (1) all support payments
received by the Illinois Department under Sections 10-8,
10-10, 10-16 and 10-19 that are required by such Sections to
be paid into the Child Support Enforcement Trust Fund, and
(2) all federal grants received by the Illinois Department
funded by Title IV-D of the Social Security Act, except those
federal funds received under the Title IV-D program as
reimbursement for expenditures from the General Revenue Fund,
and (3) incentive payments received by the Illinois
Department from other states or political subdivisions of
other states for the enforcement and collection by the
Department of an assigned child support obligation in behalf
of such other states or their political subdivisions pursuant
to the provisions of Title IV-D of the Social Security Act,
and (4) incentive payments retained by the Illinois
Department from the amounts which otherwise would be paid to
the Federal government to reimburse the Federal government's
share of the support collection for the Department's
enforcement and collection of an assigned support obligation
on behalf of the State of Illinois pursuant to the provisions
of Title IV-D of the Social Security Act, and (5) all fees
charged by the Department for child support enforcement
services, as authorized under Title IV-D of the Social
Security Act and Section 10-1 of this Code, and any other
fees, costs, fines, recoveries, or penalties provided for by
State or federal law and received by the Department under the
Child Support Enforcement Program established by Title IV-D
of the Social Security Act, and (6) all amounts appropriated
by the General Assembly for deposit into the Fund.
Disbursements from this Fund shall be only for the
following purposes: (1) for the reimbursement of funds
received by the Illinois Department through error or mistake,
and (2) for payments to non-recipients, current recipients
and former recipients of financial aid of support payments
received on their behalf under Article X of this Code,
pursuant to the provisions of Title IV-D of the Social
Security Act and rules promulgated by the Department, and (3)
for payment of any administrative expenses, including payment
to the Health Insurance Reserve Fund for group insurance
costs at the rate certified by the Department of Central
Management Services, except those required to be paid from
the General Revenue Fund, including personal and contractual
services, incurred in performing the Title IV-D activities
authorized by Article X of this Code, and (4) for the
reimbursement of the Public Assistance Emergency Revolving
Fund for expenditures made from that Fund for payments to
former recipients of public aid for child support made to the
Illinois Department when the former public aid recipient is
legally entitled to all or part of the child support
payments, pursuant to the provisions of Title IV-D of the
Social Security Act, and (5) for the payment of incentive
amounts owed to other states or political subdivisions of
other states that enforce and collect an assigned support
obligation on behalf of the State of Illinois pursuant to the
provisions of Title IV-D of the Social Security Act, and (6)
for the payment of incentive amounts owed to political
subdivisions of the State of Illinois that enforce and
collect an assigned support obligation on behalf of the State
pursuant to the provisions of Title IV-D of the Social
Security Act, and (7) for payments of any amounts which are
reimbursable to the Federal government which are required to
be paid by State warrant by either the State or Federal
government. Disbursements from this Fund shall be by warrants
drawn by the State Comptroller on receipt of vouchers duly
executed and certified by the Illinois Department or any
other State agency that receives an appropriation from the
Fund.
The balance in this Fund on the first day of each
calendar quarter, after payment therefrom of any amounts
reimbursable to the Federal government, and minus the amount
reasonably anticipated to be needed to make disbursements
during the quarter authorized by this Section, shall be
certified by the Director of the Illinois Department and
transferred by the State Comptroller to the General Revenue
Fund in the State Treasury within 30 days of the first day of
each calendar quarter.
The balance transferred to the General Revenue Fund for
any fiscal year shall be not less than ten percent of the
total support payments received, and retained pursuant to the
provisions of Title IV-D of the Social Security Act, on
behalf of persons receiving financial assistance under
Article IV of this Code which were required to be deposited
to this Fund during that fiscal year. The above described
payments received and retained shall include the State and
Federal share of such payments.
(Source: P.A. 88-307; 89-21, eff. 7-1-95; 89-499, eff.
6-28-96.)
(305 ILCS 5/12-4.7c new)
Sec. 12-4.7c. Exchange of information after July 1, 1997.
(a) The Department of Human Services shall exchange with
the Illinois Department of Public Aid information that may be
necessary for the enforcement of child support orders entered
pursuant to Sections 10-10 and 10-11 of this Code or pursuant
to the Illinois Marriage and Dissolution of Marriage Act, the
Non-Support of Spouse and Children Act, the Revised Uniform
Reciprocal Enforcement of Support Act, the Uniform Interstate
Family Support Act, or the Illinois Parentage Act of 1984.
(b) Notwithstanding any provisions in this Code to the
contrary, the Department of Human Services shall not be
liable to any person for any disclosure of information to the
Illinois Department of Public Aid under subsection (a) or for
any other action taken in good faith to comply with the
requirements of subsection (a).
Section 75. The Vital Records Act is amended by changing
Sections 11, 12, 17, 22, and 24 as follows:
(410 ILCS 535/11) (from Ch. 111 1/2, par. 73-11)
Sec. 11. Information required on forms.
(a) The form of certificates, reports, and other returns
required by this Act or by regulations adopted under this Act
shall include as a minimum the items recommended by the
federal agency responsible for national vital statistics,
subject to approval of and modification by the Department.
All forms shall be prescribed and furnished by the State
Registrar of Vital Records.
(b) On and after the effective date of this amendatory
Act of 1983, all forms used to collect information under this
Act which request information concerning the race or
ethnicity of an individual by providing spaces for the
designation of that individual as "white" or "black", or the
semantic equivalent thereof, shall provide an additional
space for a designation as "Hispanic".
(c) Effective November 1, 1990, the social security
numbers of the mother and father shall be collected at the
time of the birth of the child. These numbers shall not be
recorded on the certificate of live birth. The numbers may
be used only for those purposes allowed by Federal law.
(d) The social security number of a person who has died
shall be entered on the death certificate; however, failure
to enter the social security number of the person who has
died on the death certificate does not invalidate the death
certificate.
(Source: P.A. 88-159.)
(410 ILCS 535/12) (from Ch. 111 1/2, par. 73-12)
Sec. 12. Live births; place of registration.
(1) Each live birth which occurs in this State shall be
registered with the local or subregistrar of the district in
which the birth occurred as provided in this Section, within
7 days after the birth. When a birth occurs on a moving
conveyance, the city, village, township, or road district in
which the child is first removed from the conveyance shall be
considered the place of birth and a birth certificate shall
be filed in the registration district in which the place is
located.
(2) When a birth occurs in an institution, the person in
charge of the institution or his designated representative
shall obtain and record all the personal and statistical
particulars relative to the parents of the child that are
required to properly complete the live birth certificate;
shall secure the required personal signatures on the hospital
worksheet; shall prepare the certificate from this worksheet;
and shall file the certificate with the local registrar. The
institution shall retain the hospital worksheet permanently
or as otherwise specified by rule. The physician in
attendance shall verify or provide the date of birth and
medical information required by the certificate, within 24
hours after the birth occurs.
(3) When a birth occurs outside an institution, the
certificate shall be prepared and filed by one of the
following in the indicated order of priority:
(a) The physician in attendance at or immediately
after the birth, or in the absence of such a person,
(b) Any other person in attendance at or
immediately after the birth, or in the absence of such a
person,
(c) The father, the mother, or in the absence of
the father and the inability of the mother, the person in
charge of the premises where the birth occurred.
(4) Unless otherwise provided in this Act, if the mother
was not married to the father of the child at either the time
of conception or the time of birth, the name of the father
shall be entered on the child's birth certificate only if the
mother and the person to be named as the father have signed
an acknowledgment of parentage in accordance with subsection
(5).
Unless otherwise provided in this Act, if the mother was
married at the time of conception or birth and the presumed
father (that is, the mother's husband) is not the biological
father of the child, the name of the biological father shall
be entered on the child's birth certificate only if, in
accordance with subsection (5), (i) the mother and the person
to be named as the father have signed an acknowledgment of
parentage and (ii) the mother and presumed father have signed
a denial of paternity.
(5) Upon the birth of a child to an unmarried woman, or
upon the birth of a child to a woman who was married at the
time of conception or birth and whose husband is not the
biological father of the child, the institution at the time
of birth and the local registrar or county clerk after the
birth shall do the following:
(a) Provide (i) an opportunity for the child's
mother and father to sign an acknowledgment of parentage
and (ii) if the presumed father is not the biological
father, an opportunity for the mother and presumed father
to sign a denial of paternity. The signing and
witnessing of the acknowledgment of parentage or, if the
presumed father of the child is not the biological
father, the acknowledgment of parentage and denial of
paternity conclusively establishes a parent and child
relationship in accordance with Sections 5 and 6 of the
Illinois Parentage Act of 1984.
The Illinois Department of Public Aid shall furnish
the acknowledgment of parentage and denial of paternity
form to institutions, county clerks, and State and local
registrars' offices. The form shall include instructions
to send the original signed and witnessed acknowledgment
of parentage and denial of paternity to the Illinois
Department of Public Aid.
(b) Provide the following documents, furnished by
the Illinois Department of Public Aid, to the child's
mother, biological father, and (if the person presumed to
be the child's father is not the biological father)
presumed father for their review at the time the
opportunity is provided to establish a parent and child
relationship:
(i) An explanation of the implications of,
alternatives to, legal consequences of, and the
rights and responsibilities that arise from signing
an acknowledgment of parentage and, if necessary, a
denial of paternity, including an explanation of the
parental rights and responsibilities of child
support, visitation, custody, retroactive support,
health insurance coverage, and payment of birth
expenses.
(ii) An explanation of the benefits of having
a child's parentage established and the availability
of parentage establishment and support enforcement
services.
(iii) A request for an application for child
support services from the Illinois Department of
Public Aid.
(iv) Instructions concerning the opportunity,
before discharge from the institution, to speak,
either by telephone or in person, with staff of the
Illinois Department of Public Aid who are trained to
clarify information and answer questions about
paternity establishment.
(v) Instructions for completing and signing
the acknowledgment of parentage and denial of
paternity.
(c) Provide an oral explanation of the documents
and instructions set forth in subdivision (5)(b),
including an explanation of the implications of,
alternatives to, legal consequences of, and the rights
and responsibilities that arise from signing an
acknowledgment of parentage and, if necessary, a denial
of paternity.
(6) The institution, State or local registrar, or county
clerk shall provide an opportunity for the child's father or
mother to sign a rescission of parentage. The signing and
witnessing of the rescission of parentage voids the
acknowledgment of parentage and nullifies the presumption of
paternity if executed within the time frame contained in
Section 5 of the Illinois Parentage Act of 1984. The Illinois
Department of Public Aid shall furnish the rescission of
parentage form to institutions, county clerks, and State and
local registrars' offices. The form shall include
instructions to send the original signed and witnessed
rescission of parentage to the Illinois Department of Public
Aid.
(7) An acknowledgment of paternity signed pursuant to
Section 6 of the Illinois Parentage Act of 1984 may be
challenged in court only on the basis of fraud, duress, or
material mistake of fact, with the burden of proof upon the
challenging party. Pending outcome of a challenge to the
acknowledgment of paternity, the legal responsibilities of
the signatories shall remain in full force and effect, except
upon order of the court upon a showing of good cause.
(8) When the process for acknowledgment of parentage as
provided for under subsection (5) establishes the paternity
of a child whose certificate of birth is on file in another
state, the Illinois Department of Public Aid shall forward a
copy of the acknowledgment of parentage, the denial of
paternity, if applicable, and the rescission of parentage, if
applicable, to the birth record agency of the state where the
child's certificate of birth is on file.
(Source: P.A. 88-159; 88-687, eff. 1-24-95; 89-641, eff.
8-9-96)
(410 ILCS 535/17) (from Ch. 111 1/2, par. 73-17)
Sec. 17. (1) For a person born in this State, the State
Registrar of Vital Records shall establish a new certificate
of birth when he receives any of the following:
(a) A certificate of adoption as provided in
Section 16 or a certified copy of the order of adoption
together with the information necessary to identify the
original certificate of birth and to establish the new
certificate of birth; except that a new certificate of
birth shall not be established if so requested by the
court ordering the adoption, the adoptive parents, or the
adopted person.
(b) A certificate of adoption or a certified copy
of the order of adoption entered in a court of competent
jurisdiction of any other state or country declaring
adopted a child born in the State of Illinois, together
with the information necessary to identify the original
certificate of birth and to establish the new certificate
of birth; except that a new certificate of birth shall
not be established if so requested by the court ordering
the adoption, the adoptive parents, or the adopted
person.
(c) A request that a new certificate be established
and such evidence as required by regulation proving that
such person has been legitimatized, or that the circuit
court, or the Illinois Department of Public Aid, or a
court or administrative agency of any other state has
established determined the paternity of such a person by
judicial or administrative processes or by voluntary
acknowledgment, which is accompanied by the social
security numbers of all persons determined and presumed
to be the parents.
(d) An affidavit by a physician that he has
performed an operation on a person, and that by reason of
the operation the sex designation on such person's birth
record should be changed. The State Registrar of Vital
Records may make any investigation or require any further
information he deems necessary.
Each request for a new certificate of birth shall be
accompanied by a fee of $15 and entitles the applicant to one
certification or certified copy of the new certificate. If
the request is for additional copies, it shall be accompanied
by a fee of $2 for each additional certification or certified
copy.
(2) When a new certificate of birth is established, the
actual place and date of birth shall be shown; provided, in
the case of adoption of a person born in this State by
parents who were residents of this State at the time of the
birth of the adopted person, the place of birth may be shown
as the place of residence of the adoptive parents at the time
of such person's birth, if specifically requested by them,
and any new certificate of birth established prior to the
effective date of this amendatory Act may be corrected
accordingly if so requested by the adoptive parents or the
adopted person when of legal age. The social security numbers
of the parents shall not be recorded on the certificate of
birth. The social security numbers may only be used for
purposes allowed under federal law. The new certificate shall
be substituted for the original certificate of birth:
(a) Thereafter, the original certificate and the
evidence of adoption, paternity, legitimation, or sex
change shall not be subject to inspection or
certification except upon order of the circuit court or
as provided by regulation.
(b) Upon receipt of notice of annulment of
adoption, the original certificate of birth shall be
restored to its place in the files, and the new
certificate and evidence shall not be subject to
inspection or certification except upon order of the
circuit court.
(3) If no certificate of birth is on file for the person
for whom a new certificate is to be established under this
Section, a delayed record of birth shall be filed with the
State Registrar of Vital Records as provided in Section 14 or
Section 15 of this Act before a new certificate of birth is
established, except that when the date and place of birth and
parentage have been established in the adoption proceedings,
a delayed record shall not be required.
(4) When a new certificate of birth is established by
the State Registrar of Vital Records, all copies of the
original certificate of birth in the custody of any custodian
of permanent local records in this State shall be transmitted
to the State Registrar of Vital Records as directed, and
shall be sealed from inspection.
(5) Nothing in this Section shall be construed to
prohibit the amendment of a birth certificate in accordance
with subsection (6) of Section 22.
(Source: P.A. 89-6, eff. 3-6-95; 89-257, eff. 1-1-96; 89-626,
eff. 8-9-96.)
(410 ILCS 535/22) (from Ch. 111 1/2, par. 73-22)
Sec. 22. (1) A certificate or record filed under this
Act may be amended only in accordance with this Act and such
regulations as the Department may adopt to protect the
integrity of vital records. An application for an amendment
shall be accompanied by a fee of $15 which includes the
provision of one certification or certified copy of the
amended birth record. If the request is for additional
copies, it shall be accompanied by a fee of $2 for each
additional certification or certified copy. Such amendments
may only be made in connection with the original certificates
and may not be made on copies of such certificates without
the approval of the State Registrar of Vital Records. The
provisions of this Section shall also be applicable to a
certificate or record filed under any former Act relating to
the registration of births, stillbirths, and deaths. Any
original certificate or record filed with the county clerk
prior to January 1, 1916, may be amended by the county clerk
under the same provisions of this Section, or regulations
adopted pursuant thereto, as apply to the State Registrar of
Vital Records governing amendments to certificates or records
filed with the Department subsequent to December 31, 1915.
(2) A certificate that is amended under this Section
after its filing shall have the correction entered on its
face; shall clearly indicate that an amendment has been made;
and shall show the date of the amendment. A summary
description of the evidence submitted in support of an
amendment shall be permanently retained by the Department
either as an original record or in microphotographic form.
Documents from which such summary descriptions are made may
be returned by the Department to the person or persons
submitting them. The Department shall prescribe by
regulation the conditions under which, within one year after
the date of occurrence, additions or minor corrections may be
made without the certificate being considered amended.
(3) An amendment to a delayed birth registration
established under the provisions of Section 15 of this Act
may be made by the State Registrar of Vital Records only upon
the basis of an order from the court which originally
established the facts of birth.
(4) Upon receipt of a certified copy of a court order
changing the name or names of a person born in this State,
the official custodian shall amend the original certificate
of birth to reflect the changes.
(5) (Blank).
(6) When the paternity of a child with a certificate of
birth on file in this State is established through voluntary
acknowledgment or by a court or administrative agency under
the laws of this or any other state Illinois Department of
Public Aid establishes paternity based on a voluntary
acknowledgement of paternity of a child by the child's mother
and alleged father under Section 10-17.7 of the Illinois
Public Aid Code, the State Registrar of Vital Records shall
amend the original record accordingly, upon notification from
a circuit court of this State or the Illinois Department of
Public Aid, or upon receipt of a certified copy of another
state's acknowledgment or judicial or administrative
determination of paternity.
(7) Notwithstanding any other provision of this Act, if
an adopted person applies in accordance with this Section for
the amendment of the name on his or her birth certificate,
the State Registrar shall amend the birth certificate if the
person provides documentation or other evidence supporting
the application that would be deemed sufficient if the
documentation or evidence had been submitted in support of an
application by a person who has not been adopted.
(8) When paternity has been established after the birth
in accordance with Section 12, the State Registrar of Vital
Records shall amend the original record accordingly.
(9) Upon application by the parents not later than one
year after an acknowledgment of parentage under this Act or
the Illinois Public Aid Code or a judicial or administrative
determination or establishment of paternity or parentage, the
State Registrar of Vital Records shall amend the child's name
on the child's certificate of birth in accordance with the
application. No more than one application to change a
child's name may be made under this subsection (9).
(10) When a certificate is amended by the State
Registrar of Vital Records under this Section, the State
Registrar of Vital Records shall furnish a copy of the
summary description to the custodian of any permanent local
records and such records shall be amended accordingly.
(Source: P.A. 89-6, eff. 3-6-95; 89-257, eff. 1-1-96; 89-626,
eff. 8-9-96; 89-641, eff. 8-9-96.)
(410 ILCS 535/24) (from Ch. 111 1/2, par. 73-24)
Sec. 24. (1) To protect the integrity of vital records,
to insure their proper use, and to insure the efficient and
proper administration of the vital records system, access to
vital records, and indexes thereof, including vital records
in the custody of local registrars and county clerks
originating prior to January 1, 1916, is limited to the
custodian and his employees, and then only for administrative
purposes, except that the indexes of those records in the
custody of local registrars and county clerks, originating
prior to January 1, 1916, shall be made available to persons
for the purpose of genealogical research. Original,
photographic or microphotographic reproductions of original
records of births 100 years old and older and deaths 50 years
old and older, and marriage records 75 years old and older on
file in the State Office of Vital Records and in the custody
of the county clerks may be made available for inspection in
the Illinois State Archives reference area, Illinois Regional
Archives Depositories, and other libraries approved by the
Illinois State Registrar and the Director of the Illinois
State Archives, provided that the photographic or
microphotographic copies are made at no cost to the county or
to the State of Illinois. It is unlawful for any custodian
to permit inspection of, or to disclose information contained
in, vital records, or to copy or permit to be copied, all or
part of any such record except as authorized by this Act or
regulations adopted pursuant thereto.
(2) The State Registrar of Vital Records, or his agent,
and any municipal, county, multi-county, public health
district, or regional health officer recognized by the
Department may examine vital records for the purpose only of
carrying out the public health programs and responsibilities
under his jurisdiction.
(3) The State Registrar of Vital Records, may disclose,
or authorize the disclosure of, data contained in the vital
records when deemed essential for bona fide research purposes
which are not for private gain.
This amendatory Act of 1973 does not apply to any home
rule unit.
(4) The State Registrar shall exchange with the Illinois
Department of Public Aid information that may be necessary
for the establishment of paternity and the establishment,
modification, and enforcement of child support orders entered
pursuant to the Illinois Public Aid Code, the Illinois
Marriage and Dissolution of Marriage Act, the Non-Support of
Spouse and Children Act, the Revised Uniform Reciprocal
Enforcement of Support Act, the Uniform Interstate Family
Support Act, or the Illinois Parentage Act of 1984.
Notwithstanding any provisions in this Act to the contrary,
the State Registrar shall not be liable to any person for any
disclosure of information to the Illinois Department of
Public Aid under this subsection or for any other action
taken in good faith to comply with the requirements of this
subsection.
(Source: P.A. 86-572; 87-1058.)
Section 80. The Illinois Vehicle Code is amended by
adding Section 2-109.1 as follows:
(625 ILCS 5/2-109.1 new)
Sec. 2-109.1. Exchange of information.
(a) The Secretary of State shall exchange information
with the Illinois Department of Public Aid which may be
necessary for the establishment of paternity and the
establishment, modification, and enforcement of child support
orders pursuant to the Illinois Public Aid Code, the Illinois
Marriage and Dissolution of Marriage Act, the Non-Support of
Spouse and Children Act, the Revised Uniform Reciprocal
Enforcement of Support Act, the Uniform Interstate Family
Support Act, or the Illinois Parentage Act of 1984.
(b) Notwithstanding any provisions in this Code to the
contrary, the Secretary of State shall not be liable to any
person for any disclosure of information to the Illinois
Department of Public Aid under subsection (a) or for any
other action taken in good faith to comply with the
requirements of subsection (a).
Section 85. The Unified Code of Corrections is amended
by adding Section 3-5-4 as follows:
(730 ILCS 5/3-5-4 new)
Sec. 3-5-4. Exchange of information for child support
enforcement.
(a) The Department shall exchange with the Illinois
Department of Public Aid information that may be necessary
for the enforcement of child support orders entered pursuant
to the Illinois Public Aid Code, the Illinois Marriage and
Dissolution of Marriage Act, the Non-Support of Spouse and
Children Act, the Revised Uniform Reciprocal Enforcement of
Support Act, the Uniform Interstate Family Support Act, or
the Illinois Parentage Act of 1984.
(b) Notwithstanding any provisions in this Code to the
contrary, the Department shall not be liable to any person
for any disclosure of information to the Illinois Department
of Public Aid under subsection (a) or for any other action
taken in good faith to comply with the requirements of
subsection (a).
Section 90. The Code of Civil Procedure is amended by
changing Sections 2-1401, 12-101, 12-108, and 12-652 as
follows:
(735 ILCS 5/2-1401) (from Ch. 110, par. 2-1401)
Sec. 2-1401. Relief from judgments. (a) Relief from
final orders and judgments, after 30 days from the entry
thereof, may be had upon petition as provided in this
Section. Writs of error coram nobis and coram vobis, bills of
review and bills in the nature of bills of review are
abolished. All relief heretofore obtainable and the grounds
for such relief heretofore available, whether by any of the
foregoing remedies or otherwise, shall be available in every
case, by proceedings hereunder, regardless of the nature of
the order or judgment from which relief is sought or of the
proceedings in which it was entered. Except as provided in
Section 6 of the Illinois Parentage Act of 1984, there shall
be no distinction between actions and other proceedings,
statutory or otherwise, as to availability of relief, grounds
for relief or the relief obtainable.
(b) The petition must be filed in the same proceeding in
which the order or judgment was entered but is not a
continuation thereof. The petition must be supported by
affidavit or other appropriate showing as to matters not of
record. All parties to the petition shall be notified as
provided by rule.
(c) Except as provided in Section 20b of the Adoption
Act, the petition must be filed not later than 2 years after
the entry of the order or judgment. Time during which the
person seeking relief is under legal disability or duress or
the ground for relief is fraudulently concealed shall be
excluded in computing the period of 2 years.
(d) The filing of a petition under this Section does not
affect the order or judgment, or suspend its operation.
(e) Unless lack of jurisdiction affirmatively appears
from the record proper, the vacation or modification of an
order or judgment pursuant to the provisions of this Section
does not affect the right, title or interest in or to any
real or personal property of any person, not a party to the
original action, acquired for value after the entry of the
order or judgment but before the filing of the petition, nor
affect any right of any person not a party to the original
action under any certificate of sale issued before the filing
of the petition, pursuant to a sale based on the order or
judgment.
(f) Nothing contained in this Section affects any
existing right to relief from a void order or judgment, or to
employ any existing method to procure that relief.
(Source: P.A. 88-550, eff. 7-3-94.)
(735 ILCS 5/12-101) (from Ch. 110, par. 12-101)
Sec. 12-101. Lien of judgment. With respect to the
creation of liens on real estate by judgments, all real
estate in the State of Illinois is divided into 2 classes.
The first class consists of all real property, the title
to which is registered under "An Act concerning land titles",
approved May 1, 1897, as amended.
The second class consists of all real property not
registered under "An Act concerning land titles".
As to real estate in class one, a judgment is a lien on
the real estate of the person against whom it is entered for
the same period as in class two, when Section 85 of "An Act
concerning land titles", has been complied with.
As to real estate included within class two, a judgment,
including judgments resulting from entry of orders requiring
child support payments, is a lien on the real estate of the
person against whom it is entered in any county in this
State, including the county in which it is entered, only from
the time a transcript, certified copy or memorandum of the
judgment is filed in the office of the recorder in the county
in which the real estate is located. A judgment resulting
from the entry of an order requiring child support payments
shall be a lien upon the real estate of the person obligated
to make the child support payments, but shall not be
enforceable in any county of this State until a transcript,
certified copy, or memorandum of the lien is filed in the
office of the recorder in the county in which the real estate
is located. Any lien hereunder arising out of an order for
support shall be a lien only as to and from the time that an
installment or payment is due under the terms of the order.
Further, the order for support shall not be a lien on real
estate to the extent of payments made as evidenced by the
records of the Clerk of the Circuit Court or State agency
receiving payments pursuant to the order. In the event
payments made pursuant to that order are not paid to the
Clerk of the Circuit Court or a State agency, then each lien
imposed by this Section may be released in the following
manner:
(a) A Notice of Filing and an affidavit stating
that all installments of child support required to be
paid pursuant to the order under which the lien or liens
were imposed have been paid shall be filed with the
office of recorder in each county in which each such lien
appears of record, together with proof of service of such
notice and affidavit upon the recipient of such payments.
(b) Service of such affidavit shall be by any means
authorized under Sections 2-203 and 2-208 of the Code of
Civil Procedure or under Supreme Court Rules 11 or
105(b).
(c) The Notice of Filing shall set forth the name
and address of the judgment debtor and the judgment
creditor, the court file number of the order giving rise
to the judgment and, in capital letters, the following
statement:
YOU ARE HEREBY NOTIFIED THAT ON...., 19..,THE ATTACHED
AFFIDAVIT WAS FILED IN THE OFFICE OF THE RECORDER OF....
COUNTY, ILLINOIS, WHOSE ADDRESS IS........, ILLINOIS. IF,
WITHIN 28 DAYS OF THE DATE OF THIS NOTICE, YOU FAIL TO FILE
AN AFFIDAVIT OBJECTING TO THE RELEASE OF THE STATED JUDGMENT
LIEN OR LIENS, IN THE ABOVE OFFICE, SUCH JUDGMENT LIEN WILL
BE DEEMED TO BE RELEASED AND NO LONGER SUBJECT TO
FORECLOSURE. THIS RELEASE OF LIEN WILL NOT ACT AS A
SATISFACTION OF SUCH JUDGMENT.
(d) If no affidavit objecting to the release of the
lien or liens is filed within 28 days of the Notice
described in paragraph (c) of this Section such lien or
liens shall be deemed to be released and no longer
subject to foreclosure.
A judgment is not a lien on real estate for longer than 7
years from the time it is entered or revived.
When a judgment is revived it is a lien on the real
estate of the person against whom it was entered in any
county in this State from the time a transcript, certified
copy or memorandum of the order of revival is filed in the
office of the recorder in the county in which the real estate
is located.
A foreign judgment registered pursuant to Sections 12-601
through 12-618 of this Act is a lien upon the real estate of
the person against whom it was entered only from the time (1)
a certified copy of the verified petition for registration of
the foreign judgment or (2) a transcript, certified copy or
memorandum of the final judgment of the court of this State
entered on that foreign judgment is filed in the office of
the recorder in the county in which the real estate is
located. However, no such judgment shall be a lien on any
real estate registered under "An Act concerning land titles",
as amended, until Section 85 of that Act has been complied
with.
The release of any transcript, certified copy or
memorandum of judgment or order of revival which has been
recorded shall be filed by the person receiving the release
in the office of the recorder in which such judgment or order
has been recorded.
Such release shall contain in legible letters a statement
as follows:
FOR THE PROTECTION OF THE OWNER, THIS RELEASE SHALL BE
FILED WITH THE RECORDER OR THE REGISTRAR OF TITLES
IN WHOSE OFFICE THE LIEN WAS FILED.
The term "memorandum" as used in this Section means a
memorandum or copy of the judgment signed by a judge or a
copy attested by the clerk of the court entering it and
showing the court in which entered, date, amount, number of
the case in which it was entered, name of the party in whose
favor and name and last known address of the party against
whom entered. If the address of the party against whom the
judgment was entered is not known, the memorandum or copy of
judgment shall so state.
The term "memorandum" as used in this Section also means
a memorandum or copy of a child support order signed by a
judge or a copy attested by the clerk of the court entering
it or a copy attested by the administrative body entering it.
This Section shall not be construed as showing an
intention of the legislature to create a new classification
of real estate, but shall be construed as showing an
intention of the legislature to continue a classification
already existing.
(Source: P.A. 85-1156; 86-1329.)
(735 ILCS 5/12-108) (from Ch. 110, par. 12-108)
Sec. 12-108. Limitation on enforcement. (a) Except as
herein provided, no judgment shall be enforced after the
expiration of 7 years from the time the same is rendered,
except upon the revival of the same by a proceeding provided
by Section 2-1601 of this Act; but real estate, levied upon
within the 7 years, may be sold to enforce the judgment at
any time within one year after the expiration of the 7 years.
A judgment recovered in an action for damages for an injury
described in Section 13-214.1 may be enforced at any time.
Child support judgments, including those arising by operation
of law, may be enforced at any time.
(b) No judgment shall be enforced against a police
officer employed by a municipality if the corporate authority
of the municipality files with the clerk of the court in
which the judgment was entered a statement certifying: (1)
such police officer was employed by the municipality and was
within the scope and course of his employment at the time of
the occurrence giving rise to the action in which the
judgment is entered and (2) the municipality indemnifies the
police officer in the amount of the judgment and interest
thereon. In such event, the judgment creditor may enforce
the judgment against the municipality in the same manner and
to the same extent as if the municipality were the judgment
debtor.
(Source: P.A. 85-293.)
(735 ILCS 5/12-652) (from Ch. 110, par. 12-652)
Sec. 12-652. Filing and Status of Foreign Judgments.
(a) A copy of any foreign judgment authenticated in
accordance with the acts of Congress or the statutes of this
State may be filed in the office of the circuit clerk for any
county of this State. The clerk shall treat the foreign
judgment in the same manner as a judgment of the circuit
court for any county of this State. A judgment so filed has
the same effect and is subject to the same procedures,
defenses and proceedings for reopening, vacating, or staying
as a judgment of a circuit court for any county of this State
and may be enforced or satisfied in like manner.
(b) A foreign judgment or lien arising by operation of
law, and resulting from an order requiring child support
payments shall be entitled to full faith and credit in this
State, shall be enforceable in the same manner as any
judgment or lien of this State resulting from an order
requiring child support payments, and shall not be required
to be filed with the office of the circuit clerk in any
county of this State, except as provided for in Sections
10-25 and 10-25.5 of the Illinois Public Aid Code.
(Source: P.A. 87-358; 87-895.)
Section 95. The Uniform Fraudulent Transfer Act is
amended by changing Section 2 as follows:
(740 ILCS 160/2) (from Ch. 59, par. 102)
Sec. 2. As used in this Act:
(a) "Affiliate" means:
(1) a person who directly or indirectly owns, controls,
or holds with power to vote, 20% or more of the outstanding
voting securities of the debtor, other than a person who
holds the securities,
(A) as a fiduciary or agent without sole discretionary
power to vote the securities; or
(B) solely to secure a debt, if the person has not
exercised the power to vote;
(2) a corporation with 20% or more outstanding voting
securities which are directly or indirectly owned,
controlled, or held with power to vote, by the debtor or a
person who directly or indirectly owns, controls, or holds
with power to vote, 20% or more of the outstanding voting
securities of the debtor, other than a person who holds the
securities,
(A) as a fiduciary or agent without sole power to vote
the securities; or
(B) solely to secure a debt, if the person has not in
fact exercised the power to vote;
(3) a person whose business is operated by the debtor
under a lease or other agreement, or a person substantially
all of whose assets are controlled by the debtor; or
(4) a person who operates the debtor's business under a
lease or other agreement or controls substantially all of the
debtor's assets.
(b) "Asset" means property of a debtor, but the term
does not include:
(1) property to the extent it is encumbered by a valid
lien;
(2) property to the extent it is generally exempt under
laws of this State; or
(3) an interest in property held in tenancy by the
entireties to the extent it is not subject to process by a
creditor holding a claim against only one tenant.
(c) "Claim" means a right to payment, whether or not the
right is reduced to judgment, liquidated, unliquidated,
fixed, contingent, matured, unmatured, disputed, undisputed,
legal, equitable, secured, or unsecured.
(d) "Creditor" means a person who has a claim, including
a claim for past-due child support.
(e) "Debt" means liability on a claim.
(f) "Debtor" means a person who is liable on a claim.
(g) "Insider" includes:
(1) if the debtor is an individual,
(A) a relative of the debtor or of a general partner of
the debtor;
(B) a partnership in which the debtor is a general
partner;
(C) a general partner in a partnership described in
clause (B); or
(D) a corporation of which the debtor is a director,
officer, or person in control;
(2) if the debtor is a corporation,
(A) a director of the debtor;
(B) an officer of the debtor;
(C) a person in control of the debtor;
(D) a partnership in which the debtor is a general
partner;
(E) a general partner in a partnership described in
clause (D); or
(F) a relative of a general partner, director, officer,
or person in control of the debtor;
(3) if the debtor is a partnership,
(A) a general partner in the debtor;
(B) a relative of a general partner in, a general
partner of, or a person in control of the debtor;
(C) another partnership in which the debtor is a general
partner;
(D) a general partner in a partnership described in
clause (C); or
(E) a person in control of the debtor;
(4) an affiliate, or an insider of an affiliate as if
the affiliate were the debtor; and
(5) a managing agent of the debtor.
(h) "Lien" means a charge against or an interest in
property to secure payment of a debt or performance of an
obligation, and includes a security interest created by
agreement, a judicial lien obtained by legal or equitable
process or proceedings, a common-law lien, or a statutory
lien.
(i) "Person" means an individual, partnership,
corporation, association, organization, government or
governmental subdivision or agency, business trust, estate,
trust, or any other legal or commercial entity.
(j) "Property" means anything that may be the subject of
ownership.
(k) "Relative" means an individual related by
consanguinity within the third degree as determined by the
common law, a spouse, or an individual related to a spouse
within the third degree as so determined, and includes an
individual in an adoptive relationship within the third
degree.
(l) "Transfer" means every mode, direct or indirect,
absolute or conditional, voluntary or involuntary, of
disposing of or parting with an asset or an interest in an
asset, and includes payment of money, release, lease, and
creation of a lien or other encumbrance.
(m) "Valid lien" means a lien that is effective against
the holder of a judicial lien subsequently obtained by legal
or equitable process or proceedings.
(Source: P.A. 86-814.)
Section 100. The Illinois Marriage and Dissolution of
Marriage Act is amended by changing Sections 505, 505.1,
505.2, 507, 705, 706.1, and 707 as follows:
(750 ILCS 5/505) (from Ch. 40, par. 505)
Sec. 505. Child support; contempt; penalties.
(a) In a proceeding for dissolution of marriage, legal
separation, declaration of invalidity of marriage, a
proceeding for child support following dissolution of the
marriage by a court which lacked personal jurisdiction over
the absent spouse, a proceeding for modification of a
previous order for child support under Section 510 of this
Act, or any proceeding authorized under Section 501 or 601 of
this Act, the court may order either or both parents owing a
duty of support to a child of the marriage to pay an amount
reasonable and necessary for his support, without regard to
marital misconduct. The duty of support owed to a minor
child includes the obligation to provide for the reasonable
and necessary physical, mental and emotional health needs of
the child.
(1) The Court shall determine the minimum amount of
support by using the following guidelines:
Number of Children Percent of Supporting Party's
Net Income
1 20%
2 25%
3 32%
4 40%
5 45%
6 or more 50%
(2) The above guidelines shall be applied in each
case unless the court makes a finding that application of
the guidelines would be inappropriate, after considering
the best interests of the child in light of evidence
including but not limited to one or more of the following
relevant factors:
(a) the financial resources and needs of the
child;
(b) the financial resources and needs of the
custodial parent;
(c) the standard of living the child would
have enjoyed had the marriage not been dissolved;
(d) the physical and emotional condition of
the child, and his educational needs; and
(e) the financial resources and needs of the
non-custodial parent.
If the court deviates from the guidelines, the
court's finding shall state the amount of support that
would have been required under the guidelines, if
determinable. The court shall include the reason or
reasons for the variance from the guidelines.
(3) "Net income" is defined as the total of all
income from all sources, minus the following deductions:
(a) Federal income tax (properly calculated
withholding or estimated payments);
(b) State income tax (properly calculated
withholding or estimated payments);
(c) Social Security (FICA payments);
(d) Mandatory retirement contributions
required by law or as a condition of employment;
(e) Union dues;
(f) Dependent and individual
health/hospitalization insurance premiums;
(g) Prior obligations of support or
maintenance actually paid pursuant to a court order;
(h) Expenditures for repayment of debts that
represent reasonable and necessary expenses for the
production of income, medical expenditures necessary
to preserve life or health, reasonable expenditures
for the benefit of the child and the other parent,
exclusive of gifts. The court shall reduce net
income in determining the minimum amount of support
to be ordered only for the period that such payments
are due and shall enter an order containing
provisions for its self-executing modification upon
termination of such payment period.
(4) In cases where the court order provides for
health/hospitalization insurance coverage pursuant to
Section 505.2 of this Act, the premiums for that
insurance, or that portion of the premiums for which the
supporting party is responsible in the case of insurance
provided through an employer's health insurance plan
where the employer pays a portion of the premiums, shall
be subtracted from net income in determining the minimum
amount of support to be ordered.
(4.5) In a proceeding for child support following
dissolution of the marriage by a court that lacked
personal jurisdiction over the absent spouse, and in
which the court is requiring payment of support for the
period before the date an order for current support is
entered, there is a rebuttable presumption that the
supporting party's net income for the prior period was
the same as his or her net income at the time the order
for current support is entered.
(5) If the net income cannot be determined because
of default or any other reason, the court shall order
support in an amount considered reasonable in the
particular case. The final order in all cases shall
state the support level in dollar amounts.
(b) Failure of either parent to comply with an order to
pay support shall be punishable as in other cases of
contempt. In addition to other penalties provided by law the
Court may, after finding the parent guilty of contempt, order
that the parent be:
(1) placed on probation with such conditions of
probation as the Court deems advisable;
(2) sentenced to periodic imprisonment for a period
not to exceed 6 months; provided, however, that the Court
may permit the parent to be released for periods of time
during the day or night to:
(A) work; or
(B) conduct a business or other self-employed
occupation.
The Court may further order any part or all of the
earnings of a parent during a sentence of periodic
imprisonment paid to the Clerk of the Circuit Court or to the
parent having custody or to the guardian having custody of
the minor children of the sentenced parent for the support of
said minor children until further order of the Court.
The court may also order in cases where the parent is 90
days or more delinquent in payment of support or has been
adjudicated in arrears in an amount equal to 90 days
obligation or more, that the parent's Illinois driving
privileges be suspended until the court determines that the
parent is in compliance with the order of support. The court
may also order that the parent be issued a family financial
responsibility driving permit that would allow limited
driving privileges for employment and medical purposes in
accordance with Section 7-702.1 of the Illinois Vehicle Code.
The clerk of the circuit court shall certify the order
suspending the driving privileges of the parent or granting
the issuance of a family financial responsibility driving
permit to the Secretary of State on forms prescribed by the
Secretary. Upon receipt of the authenticated documents, the
Secretary of State shall suspend the parent's driving
privileges until further order of the court and shall, if
ordered by the court, subject to the provisions of Section
7-702.1 of the Illinois Vehicle Code, issue a family
financial responsibility driving permit to the parent.
(c) A one-time charge of 20% is imposable upon the
amount of past-due child support owed on July 1, 1988 which
has accrued under a support order entered by the court. The
charge shall be imposed in accordance with the provisions of
Section 10-21 of the Illinois Public Aid Code and shall be
enforced by the court upon petition.
(d) Any new or existing support order entered by the
court under this Section shall be deemed to be a series of
judgments against the person obligated to pay support
thereunder, each such judgment to be in the amount of each
payment or installment of support and each such judgment to
be deemed entered as of the date the corresponding payment or
installment becomes due under the terms of the support order.
Each such judgment shall have the full force, effect and
attributes of any other judgment of this State, including the
ability to be enforced. A lien arises by operation of law
against the real and personal property of the noncustodial
parent for each installment of overdue support owed by the
noncustodial parent.
(e) When child support is to be paid through the clerk
of the court in a county of 1,000,000 inhabitants or less,
the order shall direct the obligor to pay to the clerk, in
addition to the child support payments, all fees imposed by
the county board under paragraph (3) of subsection (u) of
Section 27.1 of the Clerks of Courts Act. Unless paid in
cash or pursuant to an order for withholding, the payment of
the fee shall be by a separate instrument from the support
payment and shall be made to the order of the Clerk.
(f) All orders An order for support, when entered or
modified, in a case in which a party is receiving child and
spouse support services under Article X of the Illinois
Public Aid Code shall include a provision requiring the
obligor to notify the court and, in cases in which a party is
receiving child and spouse services under Article X of the
Illinois Public Aid Code, the Illinois Department of Public
Aid, within 7 days, (i) of the name and address of any new
employer of the obligor, (ii) whether the obligor has access
to health insurance coverage through the employer or other
group coverage, and, (iii) if so, the policy name and number
and the names of persons covered under the policy, and (iii)
of any new residential or mailing address or telephone number
of the non-custodial parent. In any subsequent action to
enforce a support order, upon a sufficient showing that a
diligent effort has been made to ascertain the location of
the non-custodial parent, service of process or provision of
notice necessary in the case may be made at the last known
address of the non-custodial parent in any manner expressly
provided by the Code of Civil Procedure or this Act, which
service shall be sufficient for purposes of due process.
(g) An order for support shall include a date on which
the current support obligation terminates. The termination
date shall be no earlier than the date on which the child
covered by the order will attain the age of majority or is
otherwise emancipated. The order for support shall state that
the termination date does not apply to any arrearage that may
remain unpaid on that date. Nothing in this subsection shall
be construed to prevent the court from modifying the order.
(Source: P.A. 88-307; 88-687, eff. 1-24-95; 89-88, eff.
6-30-95; 89-92, eff. 7-1-96; 89-626, eff. 8-9-96.)
(750 ILCS 5/505.1) (from Ch. 40, par. 505.1)
Sec. 505.1. (a) Whenever it is determined in a
proceeding to establish or enforce a child support or
maintenance obligation that the person owing a duty of
support is unemployed, the court may order the person to seek
employment and report periodically to the court with a diary,
listing or other memorandum of his or her efforts in
accordance with such order. Additionally, the court may order
the unemployed person to report to the Department of
Employment Security for job search services or to make
application with the local Jobs Training Partnership Act
provider for participation in job search, training or work
programs and where the duty of support is owed to a child
receiving support services under Article X of The Illinois
Public Aid Code, as amended, the court may order the
unemployed person to report to the Illinois Department of
Public Aid for participation in job search, training or work
programs established under Section 9-6 and Article IXA of
that Code.
(b) Whenever it is determined that a person owes
past-due support for a child or for a child and the parent
with whom the child is living, and the child is receiving
assistance under the Illinois Public Aid Code, the court
shall order at the request of the Illinois Department of
Public Aid:
(1) that the person pay the past-due support in
accordance with a plan approved by the court; or
(2) if the person owing past-due support is
unemployed, is subject to such a plan, and is not
incapacitated, that the person participate in such job
search, training, or work programs established under
Section 9-6 and Article IXA of the Illinois Public Aid
Code as the court deems appropriate.
(Source: P.A. 85-1155.)
(750 ILCS 5/505.2) (from Ch. 40, par. 505.2)
(Text of Section before amendment by P.A. 89-507)
Sec. 505.2. Health insurance.
(a) Definitions. As used in this Section:
(1) "Obligee" means the individual to whom the duty
of support is owed or the individual's legal
representative.
(2) "Obligor" means the individual who owes a duty
of support pursuant to an order for support.
(3) "Public office" means any elected official or
any State or local agency which is or may become
responsible by law for enforcement of, or which is or may
become authorized to enforce, an order for support,
including, but not limited to: the Attorney General, the
Illinois Department of Public Aid, the Illinois
Department of Mental Health and Developmental
Disabilities, the Illinois Department of Children and
Family Services, and the various State's Attorneys,
Clerks of the Circuit Court and supervisors of general
assistance.
(b) Order.
(1) Whenever the court establishes, modifies or
enforces an order for child support or for child support
and maintenance the court shall, upon request of the
obligee or Public Office, order that any child covered by
the order be named as a beneficiary of any health
insurance plan that is available to the obligor through
an employer or labor union or trade union. If the court
finds that such a plan is not available to the obligor,
or that the plan is not accessible to the obligee, the
court may, upon request of the obligee or Public Office,
order the obligor to name the child covered by the order
as a beneficiary of any health insurance plan that is
available to the obligor on a group basis, or as a
beneficiary of an independent health insurance plan to be
obtained by the obligor, after considering the following
factors:
(A) the medical needs of the child;
(B) the availability of a plan to meet those
needs; and
(C) the cost of such a plan to the obligor.
(2) If the employer or labor union or trade union
offers more than one plan, the order shall require the
obligor to name the child as a beneficiary of the plan in
which the obligor is enrolled.
(3) Nothing in this Section shall be construed to
limit the authority of the court to establish or modify a
support order to provide for payment of expenses,
including deductibles, copayments and any other health
expenses, which are in addition to expenses covered by an
insurance plan of which a child is ordered to be named a
beneficiary pursuant to this Section.
(c) Implementation and enforcement.
(1) When the court order requires that a minor
child be named as a beneficiary of a health insurance
plan, other than a health insurance plan available
through an employer or labor union or trade union, the
obligor shall provide written proof to the obligee or
Public Office that the required insurance has been
obtained, or that application for insurability has been
made, within 30 days of receiving notice of the court
order. Unless the obligor was present in court when the
order was issued, notice of the order shall be given
pursuant to Illinois Supreme Court Rules. If an obligor
fails to provide the required proof, he may be held in
contempt of court.
(2) When the court requires 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 court's order shall be implemented in
accordance with Section 706.1, as now or hereafter
amended.
(d) Failure to maintain insurance. The dollar amount of
the premiums for court-ordered health insurance, or that
portion of the premiums for which the obligor is responsible
in the case of insurance provided under a group health
insurance plan through an employer or labor union or trade
union where the employer or labor union or trade union pays a
portion of the premiums, shall be considered an additional
child support obligation owed by the obligor. Whenever the
obligor fails to provide or maintain health insurance
pursuant to an order for support, the obligor shall be liable
to the obligee for the dollar amount of the premiums which
were not paid, and shall also be liable for all medical
expenses incurred by the minor child which would have been
paid or reimbursed by the health insurance which the obligor
was ordered to provide or maintain. In addition, the obligee
may petition the court to modify the order based solely on
the obligor's failure to pay the premiums for court-ordered
health insurance.
(e) Authorization for payment. The signature of the
obligee is a valid authorization to the insurer to process a
claim for payment under the insurance plan to the provider of
the health care services or to the obligee.
(f) Disclosure of information. The obligor's employer
or labor union or trade union shall disclose to the obligee
or Public Office, upon request, information concerning any
dependent coverage plans which would be made available to a
new employee or labor union member or trade union member.
The employer or labor union or trade union shall disclose
such information whether or not a court order for medical
support has been entered.
(g) Employer obligations. If a parent is required by an
order for support to provide coverage for a child's health
care expenses and if that coverage is available to the parent
through an employer who does business in this State, the
employer must do all of the following upon receipt of a copy
of the order of support or order for withholding:
(1) The employer shall, upon the parent's request,
permit the parent to include in that coverage a child who
is otherwise eligible for that coverage, without regard
to any enrollment season restrictions that might
otherwise be applicable as to the time period within
which the child may be added to that coverage.
(2) If the parent has health care coverage through
the employer but fails to apply for coverage of the
child, the employer shall include the child in the
parent's coverage upon application by the child's other
parent or the Illinois Department of Public Aid.
(3) The employer may not eliminate any child from
the parent's health care coverage unless the employee is
no longer employed by the employer and no longer covered
under the employer's group health plan or unless the
employer is provided with satisfactory written evidence
of either of the following:
(A) The order for support is no longer in
effect.
(B) The child is or will be included in a
comparable health care plan obtained by the parent
under such order that is currently in effect or will
take effect no later than the date the prior
coverage is terminated.
The employer may eliminate a child from a parent's
health care plan obtained by the parent under such order
if the employer has eliminated dependent health care
coverage for all of its employees.
(Source: P.A. 89-183, eff. 1-1-96; 89-626, eff. 8-9-96.)
(Text of Section after amendment by P.A. 89-507)
Sec. 505.2. Health insurance.
(a) Definitions. As used in this Section:
(1) "Obligee" means the individual to whom the duty
of support is owed or the individual's legal
representative.
(2) "Obligor" means the individual who owes a duty
of support pursuant to an order for support.
(3) "Public office" means any elected official or
any State or local agency which is or may become
responsible by law for enforcement of, or which is or may
become authorized to enforce, an order for support,
including, but not limited to: the Attorney General, the
Illinois Department of Public Aid, the Illinois
Department of Human Services, the Illinois Department of
Children and Family Services, and the various State's
Attorneys, Clerks of the Circuit Court and supervisors of
general assistance.
(b) Order.
(1) Whenever the court establishes, modifies or
enforces an order for child support or for child support
and maintenance the court shall include in the order a
provision for the health care coverage of the child which
shall, upon request of the obligee or Public Office,
require order that any child covered by the order be
named as a beneficiary of any health insurance plan that
is available to the obligor through an employer or labor
union or trade union. If the court finds that such a
plan is not available to the obligor, or that the plan is
not accessible to the obligee, the court may, upon
request of the obligee or Public Office, order the
obligor to name the child covered by the order as a
beneficiary of any health insurance plan that is
available to the obligor on a group basis, or as a
beneficiary of an independent health insurance plan to be
obtained by the obligor, after considering the following
factors:
(A) the medical needs of the child;
(B) the availability of a plan to meet those
needs; and
(C) the cost of such a plan to the obligor.
(2) If the employer or labor union or trade union
offers more than one plan, the order shall require the
obligor to name the child as a beneficiary of the plan in
which the obligor is enrolled.
(3) Nothing in this Section shall be construed to
limit the authority of the court to establish or modify a
support order to provide for payment of expenses,
including deductibles, copayments and any other health
expenses, which are in addition to expenses covered by an
insurance plan of which a child is ordered to be named a
beneficiary pursuant to this Section.
(c) Implementation and enforcement.
(1) When the court order requires that a minor
child be named as a beneficiary of a health insurance
plan, other than a health insurance plan available
through an employer or labor union or trade union, the
obligor shall provide written proof to the obligee or
Public Office that the required insurance has been
obtained, or that application for insurability has been
made, within 30 days of receiving notice of the court
order. Unless the obligor was present in court when the
order was issued, notice of the order shall be given
pursuant to Illinois Supreme Court Rules. If an obligor
fails to provide the required proof, he may be held in
contempt of court.
(2) When the court requires 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 court's order shall be implemented in
accordance with Section 706.1, as now or hereafter
amended.
(d) Failure to maintain insurance. The dollar amount of
the premiums for court-ordered health insurance, or that
portion of the premiums for which the obligor is responsible
in the case of insurance provided under a group health
insurance plan through an employer or labor union or trade
union where the employer or labor union or trade union pays a
portion of the premiums, shall be considered an additional
child support obligation owed by the obligor. Whenever the
obligor fails to provide or maintain health insurance
pursuant to an order for support, the obligor shall be liable
to the obligee for the dollar amount of the premiums which
were not paid, and shall also be liable for all medical
expenses incurred by the minor child which would have been
paid or reimbursed by the health insurance which the obligor
was ordered to provide or maintain. In addition, the obligee
may petition the court to modify the order based solely on
the obligor's failure to pay the premiums for court-ordered
health insurance.
(e) Authorization for payment. The signature of the
obligee is a valid authorization to the insurer to process a
claim for payment under the insurance plan to the provider of
the health care services or to the obligee.
(f) Disclosure of information. The obligor's employer
or labor union or trade union shall disclose to the obligee
or Public Office, upon request, information concerning any
dependent coverage plans which would be made available to a
new employee or labor union member or trade union member.
The employer or labor union or trade union shall disclose
such information whether or not a court order for medical
support has been entered.
(g) Employer obligations. If a parent is required by an
order for support to provide coverage for a child's health
care expenses and if that coverage is available to the parent
through an employer who does business in this State, the
employer must do all of the following upon receipt of a copy
of the order of support or order for withholding:
(1) The employer shall, upon the parent's request,
permit the parent to include in that coverage a child who
is otherwise eligible for that coverage, without regard
to any enrollment season restrictions that might
otherwise be applicable as to the time period within
which the child may be added to that coverage.
(2) If the parent has health care coverage through
the employer but fails to apply for coverage of the
child, the employer shall include the child in the
parent's coverage upon application by the child's other
parent or the Illinois Department of Public Aid.
(3) The employer may not eliminate any child from
the parent's health care coverage unless the employee is
no longer employed by the employer and no longer covered
under the employer's group health plan or unless the
employer is provided with satisfactory written evidence
of either of the following:
(A) The order for support is no longer in
effect.
(B) The child is or will be included in a
comparable health care plan obtained by the parent
under such order that is currently in effect or will
take effect no later than the date the prior
coverage is terminated.
The employer may eliminate a child from a parent's
health care plan obtained by the parent under such order
if the employer has eliminated dependent health care
coverage for all of its employees.
(Source: P.A. 89-183, eff. 1-1-96; 89-507, eff. 7-1-97;
89-626, eff. 8-9-96.)
(750 ILCS 5/507) (from Ch. 40, par. 507)
Sec. 507. Payment of maintenance or support to court.
(a) In actions instituted under this Act, the court
shall order that maintenance and support payments be made to
the clerk of court as trustee for remittance to the person
entitled to receive the payments. However, the court in its
discretion may direct otherwise where circumstances so
warrant.
In cases in which a party is receiving child and spouse
support services under Article X of the Illinois Public Aid
Code and the order for support provides that child support
payments be made to the obligee, the Illinois Department of
Public Aid may provide notice to the obligor and the
obligor's payor, when income withholding is in effect under
Section 706.1 of this Act, to make all payments after receipt
of the Department's notice to the clerk of the court until
further notice by the Department or order of the court.
Copies of the notice shall be provided to the obligee and the
clerk. The clerk's copy shall contain a proof of service on
the obligor and the obligor's payor, where applicable. The
clerk shall file the clerk's copy of the notice in the court
file. The notice to the obligor and the payor, if applicable,
may be sent by ordinary mail, certified mail, return receipt
requested, facsimile transmission, or other electronic
process, or may be served upon the obligor or payor using any
method provided by law for service of a summons. An obligor
who fails to comply with a notice provided under this
paragraph is guilty of a Class B misdemeanor. A payor who
fails to comply with a notice provided under this paragraph
is guilty of a business offense and subject to a fine of up
to $1,000.
Upon notification in writing or by electronic
transmission from the Illinois Department of Public Aid to
the clerk of the court that a person who is receiving support
payments under this Section is receiving services under the
Child Support Enforcement Program established by Title IV-D
of the Social Security Act, any support payments subsequently
received by the clerk of the court shall be transmitted in
accordance with the instructions of the Illinois Department
of Public Aid until the Department gives notice to the clerk
of the court to cease the transmittal. After providing the
notification authorized under this paragraph, the Illinois
Department of Public Aid shall be entitled as a party to
notice of any further proceedings in the case. The clerk of
the court shall file a copy of the Illinois Department of
Public Aid's notification in the court file. The failure of
the clerk to file a copy of the notification in the court
file shall not, however, affect the Illinois Department of
Public Aid's right to receive notice of further proceedings.
(b) The clerk of court shall maintain records listing
the amount of payments, the date payments are required to be
made and the names and addresses of the parties affected by
the order. For those cases in which support is payable to the
clerk of the circuit court for transmittal to the Illinois
Department of Public Aid by order of the court or upon
notification of the Illinois Department of Public Aid, and
the Illinois Department of Public Aid collects support by
assignment, offset, withholding, deduction or other process
permitted by law, the Illinois Department shall notify the
clerk of the date and amount of such collection. Upon
notification, the clerk shall record the collection on the
payment record for the case.
(c) The parties affected by the order shall inform the
clerk of court of any change of address or of other condition
that may affect the administration of the order.
(d) The provisions of this Section shall not apply to
cases that come under the provisions of Sections 709 through
712.
(Source: P.A. 88-307; 88-687, eff. 1-24-95.)
(750 ILCS 5/705) (from Ch. 40, par. 705)
Sec. 705. Support payments; receiving and disbursing
agents.
(1) The provisions of this Section shall apply, except
as provided in Sections 709 through 712.
(2) In a dissolution of marriage action filed in a
county of less than 3 million population in which an order or
judgment for child support is entered, and in supplementary
proceedings in any such county to enforce or vary the terms
of such order or judgment arising out of an action for
dissolution of marriage filed in such county, the court,
except as it otherwise orders, under subsection (4) of this
Section, may direct that child support payments be made to
the clerk of the court.
(3) In a dissolution of marriage action filed in any
county of 3 million or more population in which an order or
judgment for child support is entered, and in supplementary
proceedings in any such county to enforce or vary the terms
of such order or judgment arising out of an action for
dissolution of marriage filed in such county, the court,
except as it otherwise orders under subsection (4) of this
Section, may direct that child support payments be made
either to the clerk of the court or to the Court Service
Division of the County Department of Public Aid. After the
effective date of this Act, the court, except as it otherwise
orders under subsection (4) of this Section, may direct that
child support payments be made either to the clerk of the
court or to the Illinois Department of Public Aid.
(4) In a dissolution of marriage action or supplementary
proceedings involving maintenance or child support payments,
or both, to persons who are recipients of aid under the
Illinois Public Aid Code, the court shall direct that such
payments be made to (a) the Illinois Department of Public Aid
if the persons are recipients under Articles III, IV, or V of
the Code, or (b) the local governmental unit responsible for
their support if they are recipients under Articles VI or VII
of the Code. In accordance with federal law and regulations,
the Illinois Department of Public Aid may continue to collect
current maintenance payments or child support payments, or
both, after those persons cease to receive public assistance
and until termination of services under Article X of the
Illinois Public Aid Code. The Illinois Department of Public
Aid shall pay the net amount collected to those persons after
deducting any costs incurred in making the collection or any
collection fee from the amount of any recovery made. The
order shall permit the Illinois Department of Public Aid or
the local governmental unit, as the case may be, to direct
that payments be made directly to the former spouse, the
children, or both, or to some person or agency in their
behalf, upon removal of the former spouse or children from
the public aid rolls or upon termination of services under
Article X of the Illinois Public Aid Code; and upon such
direction, the Illinois Department or local governmental
unit, as the case requires, shall give notice of such action
to the court in writing or by electronic transmission.
(5) All clerks of the court and the Court Service
Division of a County Department of Public Aid and, after the
effective date of this Act, all clerks of the court and the
Illinois Department of Public Aid, receiving child support
payments under subsections (2) and (3) of this Section shall
disburse the payments to the person or persons entitled
thereto under the terms of the order or judgment. They shall
establish and maintain current records of all moneys received
and disbursed and of defaults and delinquencies in required
payments. The court, by order or rule, shall make provision
for the carrying out of these duties.
In cases in which a party is receiving child and spouse
support services under Article X of the Illinois Public Aid
Code and the order for support provides that child support
payments be made to the obligee, the Illinois Department of
Public Aid may provide notice to the obligor and the
obligor's payor, when income withholding is in effect under
Section 706.1 of this Act, to make all payments after receipt
of the Department's notice to the clerk of the court until
further notice by the Department or order of the court.
Copies of the notice shall be provided to the obligee and the
clerk. The clerk's copy shall contain a proof of service on
the obligor and the obligor's payor, where applicable. The
clerk shall file the clerk's copy of the notice in the court
file. The notice to the obligor and the payor, if applicable,
may be sent by ordinary mail, certified mail, return receipt
requested, facsimile transmission, or other electronic
process, or may be served upon the obligor or payor using any
method provided by law for service of a summons. An obligor
who fails to comply with a notice provided under this
paragraph is guilty of a Class B misdemeanor. A payor who
fails to comply with a notice provided under this paragraph
is guilty of a business offense and subject to a fine of up
to $1,000.
Upon notification in writing or by electronic
transmission from the Illinois Department of Public Aid to
the clerk of the court that a person who is receiving support
payments under this Section is receiving services under the
Child Support Enforcement Program established by Title IV-D
of the Social Security Act, any support payments subsequently
received by the clerk of the court shall be transmitted in
accordance with the instructions of the Illinois Department
of Public Aid until the Department gives notice to the clerk
of the court to cease the transmittal. After providing the
notification authorized under this paragraph, the Illinois
Department of Public Aid shall be entitled as a party to
notice of any further proceedings in the case. The clerk of
the court shall file a copy of the Illinois Department of
Public Aid's notification in the court file. The failure of
the clerk to file a copy of the notification in the court
file shall not, however, affect the Illinois Department of
Public Aid's right to receive notice of further proceedings.
Payments under this Section to the Illinois Department of
Public Aid pursuant to the Child Support Enforcement Program
established by Title IV-D of the Social Security Act shall be
paid into the Child Support Enforcement Trust Fund. All other
payments under this Section to the Illinois Department of
Public Aid shall be deposited in the Public Assistance
Recoveries Trust Fund. Disbursements from these funds shall
be as provided in the Illinois Public Aid Code. Payments
received by a local governmental unit shall be deposited in
that unit's General Assistance Fund. Any order of court
directing payment of child support to a clerk of court or the
Court Service Division of a County Department of Public Aid,
which order has been entered on or after August 14, 1961, and
prior to the effective date of this Act, may be amended by
the court in line with this Act; and orders involving
payments of maintenance or child support to recipients of
public aid may in like manner be amended to conform to this
Act.
(6) No filing fee or costs will be required in any
action brought at the request of the Illinois Department of
Public Aid in any proceeding under this Act. However, any
such fees or costs may be assessed by the court against the
respondent in the court's order of support or any
modification thereof in a proceeding under this Act.
(7) For those cases in which child support is payable to
the clerk of the circuit court for transmittal to the
Illinois Department of Public Aid by order of court or upon
notification by the Illinois Department of Public Aid, the
clerk shall transmit all such payments, within 4 working days
of receipt, to insure that funds are available for immediate
distribution by the Department to the person or entity
entitled thereto in accordance with standards of the Child
Support Enforcement Program established under Title IV-D of
the Social Security Act. The clerk shall notify the
Department of the date of receipt and amount thereof at the
time of transmittal. Where the clerk has entered into an
agreement of cooperation with the Department to record the
terms of child support orders and payments made thereunder
directly into the Department's automated data processing
system, the clerk shall account for, transmit and otherwise
distribute child support payments in accordance with such
agreement in lieu of the requirements contained herein.
In any action filed in a county with a population of
1,000,000 or less, the court shall assess against the
respondent in any order of maintenance or child support any
sum up to $36 annually authorized by ordinance of the county
board to be collected by the clerk of the court as costs for
administering the collection and disbursement of maintenance
and child support payments. Such sum shall be in addition to
and separate from amounts ordered to be paid as maintenance
or child support.
(Source: P.A. 88-687, eff. 1-24-95.)
(750 ILCS 5/706.1) (from Ch. 40, par. 706.1)
(Text of Section before amendment by P.A. 89-507)
Sec. 706.1. Withholding of Income to Secure Payment of
Support.
(A) Definitions.
(1) "Order for support" means any order of the court
which provides for periodic payment of funds for the support
of a child or maintenance of a spouse, whether temporary or
final, and includes any such order which provides for:
(a) Modification or resumption of, or payment of
arrearage accrued under, a previously existing order;
(b) Reimbursement of support; or
(c) Enrollment in a health insurance plan that is
available to the obligor through an employer or labor
union or trade union.
(2) "Arrearage" means the total amount of unpaid support
obligations.
(3) "Delinquency" means any payment under an order for
support which becomes due and remains unpaid after an order
for withholding has been entered under subsection (B) or, for
purposes of subsection (K), after the last order for support
was entered for which no order for withholding was entered.
(4) "Income" means any form of periodic payment to an
individual, regardless of source, including, but not limited
to: wages, salary, commission, compensation as an independent
contractor, workers' compensation, disability, annuity and
retirement benefits, lottery prize awards, insurance
proceeds, vacation pay, bonuses, profit-sharing payments and
any other payments, made by any person, private entity,
federal or state government, any unit of local government,
school district or any entity created by Public Act; however,
"income" excludes:
(a) Any amounts required by law to be withheld,
other than creditor claims, including, but not limited
to, federal, State and local taxes, Social Security and
other retirement and disability contributions;
(b) Union dues;
(c) Any amounts exempted by the federal Consumer
Credit Protection Act;
(d) Public assistance payments; and
(e) Unemployment insurance benefits except as
provided by law.
Any other State or local laws which limit or exempt
income or the amount or percentage of income that can be
withheld shall not apply.
(5) "Obligor" means the individual who owes a duty to
make payments under an order for support.
(6) "Obligee" means the individual to whom a duty of
support is owed or the individual's legal representative.
(7) "Payor" means any payor of income to an obligor.
(8) "Public office" means any elected official or any
State or local agency which is or may become responsible by
law for enforcement of, or which is or may become authorized
to enforce, an order for support, including, but not limited
to: the Attorney General, the Illinois Department of Public
Aid, the Illinois Department of Mental Health and
Developmental Disabilities, the Illinois Department of
Children and Family Services, and the various State's
Attorneys, Clerks of the Circuit Court and supervisors of
general assistance.
(9) "Premium" means the dollar amount for which the
obligor is liable to his employer or labor union or trade
union and which must be paid to enroll or maintain a child in
a health insurance plan that is available to the obligor
through an employer or labor union or trade union.
(B) Entry of an Order for Withholding.
(1) Upon entry of any order for support on or after
January 1, 1984, the court shall enter a separate order for
withholding which shall not take effect unless the obligor
becomes delinquent in paying the order for support or the
obligor requests an earlier effective date; except that the
court may require the order for withholding to take effect
immediately.
On or after January 1, 1989, the court shall require the
order for withholding to take effect immediately, 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 insures
payment of support. In that case, the court shall enter the
order for withholding which will not take effect unless the
obligor becomes delinquent in paying the order for support.
Upon entry of any order of support on or after September
11, 1989, if the obligor is not a United States citizen, the
obligor shall provide to the court the obligor's alien
registration number, passport number, and home country's
social security or national health number, if applicable; the
court shall make the information part of the record in the
case.
(2) An order for withholding shall be entered upon
petition by the obligee or public office where an order for
withholding has not been previously entered.
(3) The order for withholding shall:
(a) Direct any payor to withhold a dollar amount
equal to the order for support; and
(b) Direct any payor to withhold an additional
dollar amount, not less than 20% of the order for
support, until payment in full of any delinquency stated
in the notice of delinquency provided for in subsection
(C) or (F) of this Section; and
(c) 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
(d) State the rights, remedies and duties of the
obligor under this Section; and
(e) Include the obligor's Social Security Number,
which the obligor shall disclose to the court; and
(f) 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.
(4) At the time the order for withholding is entered,
the Clerk of the Circuit Court shall provide a copy of the
order for withholding and the order for support to the
obligor and shall make copies available to the obligee and
public office. Any copy of the order for withholding
furnished to the parties under this subsection shall be
stamped "Not Valid".
(5) The order for withholding shall remain in effect for
as long as the order for support upon which it is based.
(6) The failure of an order for withholding to state an
arrearage is not conclusive of the issue of whether an
arrearage is owing.
(7) Notwithstanding the provisions of this subsection,
if the court finds at the time of any hearing that an
arrearage has accrued in an amount equal to at least one
month's support obligation or that the obligor is 30 days
late in paying all or part of the order for support, the
court shall order immediate service of the order for
withholding upon the payor.
(8) Where the court has not required that the order for
withholding take effect immediately, the obligee or public
office may prepare and serve a notice for immediate
withholding upon the obligor by ordinary mail addressed to
the obligor at his or her last known address. The notice
shall state that the following circumstances have occurred:
(a) The parties' written agreement providing an
alternative arrangement to immediate withholding under
paragraph (1) of this subsection no longer provides for
timely payment of all support due; or
(b) The obligor has not made timely payments in
that the obligor has been at least 7 days late in paying
all or part of the order for support any of the last 6
consecutive dates payments were due prior to the date of
the notice for immediate withholding.
The notice for immediate withholding shall clearly state
that a specially certified copy of the order for withholding
will be sent to the payor, unless the obligor files a
petition contesting immediate withholding within 20 days
after service of the notice; however, the grounds for the
petition shall be limited to a dispute concerning whether the
circumstances stated in the notice have occurred or the
identity of the obligor. It shall not be grounds for the
petition that the obligor has made all payments due by the
date of the petition.
If the obligor files a petition contesting immediate
withholding within the 20-day period required under this
paragraph, the Clerk of the Circuit Court shall notify the
obligor and the obligee or public office, as appropriate, of
the time and place of the hearing on the petition. Upon
hearing the petition, the court shall enter an order granting
or denying relief. It shall not be grounds for granting the
obligor's petition that he or she has made all payments due
by the date of hearing. If the court denies the obligor's
petition, it shall order immediate service of the order for
withholding and direct the clerk to provide a specially
certified copy of the order for withholding to the obligee or
public office indicating that the requirements for immediate
withholding under this paragraph have been met.
If the obligor does not file a petition contesting
immediate withholding within the 20-day period, the obligee
or public office shall file with the Clerk of the Circuit
Court an affidavit, with a copy of the notice for immediate
withholding attached thereto, stating that the notice was
duly served and the date on which service was effected, and
that the obligor has not filed a petition contesting
immediate withholding. The clerk shall then provide to the
obligee or public office a specially certified copy of the
order for withholding indicating that the requirements for
immediate withholding under this paragraph have been met.
Upon receipt of a specially certified copy of the order
for withholding, the obligee or public office may serve the
order on the payor, its superintendent, manager or other
agent, by certified mail or personal delivery. A proof of
service shall be filed with the Clerk of the Circuit Court.
(C) Notice of Delinquency.
(1) Whenever an obligor becomes delinquent in payment of
an amount equal to at least one month's support obligation
pursuant to the order for support or is at least 30 days late
in complying with all or part of the order for support,
whichever occurs first, the obligee or public office may
prepare and serve a verified notice of delinquency, together
with a form petition to stay service, pursuant to paragraph
(3) of this subsection.
(2) The notice of delinquency shall recite the terms of
the order for support and contain a computation of the period
and total amount of the delinquency, as of the date of the
notice. The notice shall clearly state that it will be sent
to the payor, together with a specially certified copy of the
order for withholding, except as provided in subsection (F),
unless the obligor files a petition to stay service in
accordance with paragraph (1) of subsection (D).
(3) The notice of delinquency shall be served by
ordinary mail addressed to the obligor at his or her last
known address.
(4) The obligor may execute a written waiver of the
provisions of paragraphs (1) through (3) of this subsection
and request immediate service upon the payor.
(D) Procedures to Avoid Income Withholding.
(1) Except as provided in subsection (F), the obligor
may prevent an order for withholding from being served by
filing a petition to stay service with the Clerk of the
Circuit Court, within 20 days after service of the notice of
delinquency; however, the grounds for the petition to stay
service shall be limited to:
(a) A dispute concerning the amount of current
support or the existence or amount of the delinquency;
(b) The identity of the obligor.
The Clerk of the Circuit Court shall notify the obligor
and the obligee or public office, as appropriate, of the time
and place of the hearing on the petition to stay service. The
court shall hold such hearing pursuant to the provisions of
subsection (H).
(2) Except as provided in subsection (F), filing of a
petition to stay service, within the 20-day period required
under this subsection, shall prohibit the obligee or public
office from serving the order for withholding on any payor of
the obligor.
(E) Initial Service of Order for Withholding.
(1) Except as provided in subsection (F), in order to
serve an order for withholding upon a payor, an obligee or
public office shall follow the procedures set forth in this
subsection. After 20 days following service of the notice of
delinquency, the obligee or public office shall file with the
Clerk of the Circuit Court an affidavit, with the copy of the
notice of delinquency attached thereto, stating:
(a) that the notice of delinquency has been duly
served and the date on which service was effected; and
(b) that the obligor has not filed a petition to
stay service, or in the alternative
(c) that the obligor has waived the provisions of
subparagraphs (a) and (b) of this paragraph (1) in
accordance with subsection (C)(4).
(2) Upon request of the obligee or public office, the
Clerk of the Circuit Court shall: (a) make available any
record of payment; and (b) determine that the file contains a
copy of the affidavit described in paragraph (1). The Clerk
shall then provide to the obligee or public office a
specially certified copy of the order for withholding and the
notice of delinquency indicating that the preconditions for
service have been met.
(3) The obligee or public office may then serve the
notice of delinquency and order for withholding on the payor,
its superintendent, manager or other agent, by certified mail
or personal delivery. A proof of service shall be filed with
the Clerk of the Circuit Court.
(F) Subsequent Service of Order for Withholding.
(1) Notwithstanding the provisions of this Section, at
any time after the court has ordered immediate service of an
order for withholding or after initial service of an order
for withholding pursuant to subsection (E), the obligee or
public office may serve the order for withholding upon any
payor of the obligor without further notice to the obligor.
The obligee or public office shall provide notice to the
payor, pursuant to paragraph (6) of subsection (I), of any
payments that have been made through previous withholding or
any other method.
(2) The Clerk of the Circuit Court shall, upon request,
provide the obligee or public office with specially certified
copies of the order for withholding or the notice of
delinquency or both whenever the Court has ordered immediate
service of an order for withholding or an affidavit has been
placed in the court file indicating that the preconditions
for service have been previously met. The obligee or public
office may then serve the order for withholding on the payor,
its superintendent, manager or other agent by certified mail
or personal delivery. A proof of service shall be filed with
the Clerk of the Circuit Court.
(3) If a delinquency has accrued for any reason, the
obligee or public office may serve a notice of delinquency
upon the obligor pursuant to subsection (C). The obligor may
prevent the notice of delinquency from being served upon the
payor by utilizing the procedures set forth in subsection
(D). If no petition to stay service has been filed within the
required 20 day time period, the obligee or public office may
serve the notice of delinquency on the payor by utilizing the
procedures for service set forth in subsection (E).
(G) Duties of Payor.
(1) It shall be the duty of any payor who has been
served with a copy of the specially certified order for
withholding and any notice of delinquency to deduct and pay
over income as provided in this subsection. The payor shall
deduct the amount designated in the order for withholding, as
supplemented by the notice of delinquency and any notice
provided pursuant to paragraph (6) of subsection (I),
beginning no later than the next payment of income which is
payable to the obligor that occurs 14 days following the date
the order and any notice were mailed by certified mail or
placed for personal delivery. 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 obligee or
public office within 10 calendar days of the date income is
paid to the obligor in accordance with the order for
withholding and any subsequent notification received from the
public office redirecting payments. If the payor knowingly
fails to pay any amount withheld to the obligee or public
office within 10 calendar days of the date income is paid to
the obligor, the payor shall pay a penalty of $100 for each
day that the withheld amount is not paid to the obligee or
public office after the period of 10 calendar days has
expired. The failure of a payor, on more than one occasion,
to pay amounts withheld to the obligee or public office
within 10 calendar days of the date income is not paid to the
obligor creates a presumption that the payor knowingly failed
to pay the amounts. This penalty may be collected in a civil
action which may be brought against the payor in favor of the
obligee. For purposes of this Section, 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 obligee or public
office, at the time of transmittal, with the date income was
paid from which support was withheld.
Upon receipt of an order 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 court order. 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.
(2) Whenever the obligor is no longer receiving income
from the payor, the payor shall return a copy of the order
for withholding to the obligee or public office and shall
provide information for the purpose of enforcing this
Section.
(3) Withholding of income under this Section 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 Section shall
not be in excess of the maximum amounts permitted under the
federal Consumer Credit Protection Act. If the payor has been
served with more than one order for withholding pertaining to
the same obligor, the payor shall allocate income available
for withholding on a proportionate share basis, giving
priority to current support payments. If there is any income
available for withholding after withholding for all current
support obligations, the payor shall allocate the income to
past due support payments ordered in non-AFDC matters and
then to past due support payments ordered in AFDC matters,
both on a proportionate share basis. Payment as required by
the order for withholding shall be a complete defense by the
payor against any claims of the obligor or his creditors as
to the sum so paid.
(4) No payor shall discharge, discipline, refuse to hire
or otherwise penalize any obligor because of the duty to
withhold income.
(H) Petitions to Stay Service or to Modify, Suspend or
Terminate Orders for Withholding.
(1) When an obligor files a petition to stay service,
the court, after due notice to all parties, shall hear the
matter as soon as practicable and shall enter an order
granting or denying relief, amending the notice of
delinquency, amending the order for withholding, where
applicable, or otherwise resolving the matter. If the court
finds that a delinquency existed when the notice of
delinquency was served upon the obligor, in an amount of at
least one month's support obligation, or that the obligor was
at least 30 days late in paying all or part of the order for
support, the court shall order immediate service of the order
for withholding. Where the court cannot promptly resolve any
dispute over the amount of the delinquency, the court may
order immediate service of the order for withholding as to
any undisputed amounts specified in an amended notice of
delinquency, and may continue the hearing on the disputed
amounts.
(2) At any time, an obligor, obligee, public office or
Clerk of the Circuit Court may petition the court to:
(a) Modify, suspend or terminate the order for
withholding because of a modification, suspension or
termination of the underlying order for support; or
(b) Modify the amount of income to be withheld to
reflect payment in full or in part of the delinquency or
arrearage by income withholding or otherwise; or
(c) Suspend the order for withholding because of
inability to deliver income withheld to the obligee due
to the obligee's failure to provide a mailing address or
other means of delivery.
(3) The obligor, obligee or public office shall serve on
the payor, by certified mail or personal delivery, a copy of
any order entered pursuant to this subsection that affects
the duties of the payor.
(4) At any time, a public office or Clerk of the Circuit
Court may serve a notice on the payor to:
(a) cease withholding of income for payment of
current support for a child when the support obligation
for that child has automatically ceased under the order
for support through emancipation or otherwise; or
(b) cease withholding of income for payment of
delinquency or arrearage when the delinquency or
arrearage has been paid in full.
(5) The notice provided for under paragraph (4) of this
subsection shall be served on the payor by ordinary mail, and
a copy shall be provided to the obligor and the obligee. A
copy of the notice shall be filed with the Clerk of the
Circuit Court.
(6) The order for withholding shall continue to be
binding upon the payor until service of any order of the
court or notice entered or provided for under this
subsection.
(I) Additional Duties.
(1) An obligee who is receiving income withholding
payments under this Section shall notify the payor, if the
obligee receives the payments directly from the payor, or the
public office or the Clerk of the Circuit Court, as
appropriate, of any change of address within 7 days of such
change.
(2) An obligee who is a recipient of public aid shall
send a copy of any notice of delinquency filed pursuant to
subsection (C) to the Bureau of Child Support of the Illinois
Department of Public Aid.
(3) Each obligor shall notify the obligee and the Clerk
of the Circuit Court of any change of address within 7 days.
(4) An obligor whose income is being withheld or who has
been served with a notice of delinquency pursuant to this
Section shall notify the obligee and the Clerk of the Circuit
Court of any new payor, within 7 days.
(5) When the Illinois Department of Public Aid is no
longer authorized to receive payments for the obligee, it
shall, within 7 days, notify the payor or, where appropriate,
the Clerk of the Circuit Court, to redirect income
withholding payments to the obligee.
(6) The obligee or public office shall provide notice to
the payor and Clerk of the Circuit Court of any other support
payment made, including but not limited to, a set-off under
federal and State law or partial payment of the delinquency
or arrearage, or both.
(7) Any public office and Clerk of the Circuit Court
which collects, disburses or receives payments pursuant to
orders for withholding shall maintain complete, accurate, and
clear records of all payments and their disbursements.
Certified copies of payment records maintained by a public
office or Clerk of the Circuit Court shall, without further
proof, be admitted into evidence in any legal proceedings
under this Section.
(8) The Illinois Department of Public Aid shall design
suggested legal forms for proceeding under this Section and
shall make available to the courts such forms and
informational materials which describe the procedures and
remedies set forth herein for distribution to all parties in
support actions.
(9) At the time of transmitting each support payment,
the clerk of the circuit court shall provide the obligee or
public office, as appropriate, with any information furnished
by the payor as to the date income was paid from which such
support was withheld.
(J) Penalties.
(1) Where a payor wilfully fails to withhold or pay over
income pursuant to a properly served, specially certified
order for withholding and any notice of delinquency, or
wilfully discharges, disciplines, refuses to hire or
otherwise penalizes an obligor as prohibited by subsection
(G), or otherwise fails to comply with any duties imposed by
this Section, 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:
(a) Shall enter judgment and direct the enforcement
thereof for the total amount that the payor wilfully
failed to withhold or pay over; and
(b) 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.
(2) Any obligee, public office or obligor who wilfully
initiates a false proceeding under this Section or who
wilfully fails to comply with the requirements of this
Section shall be punished as in cases of contempt of court.
(K) Alternative Procedures for Entry and Service of an Order
for Withholding.
(1) Effective January 1, 1987, in any matter in which an
order for withholding has not been entered for any reason,
based upon the last order for support that has been entered,
and in which the obligor has become delinquent in payment of
an amount equal to at least one month's support obligation
pursuant to the last order for support or is at least 30 days
late in complying with all or part of the order for support,
the obligee or public office may prepare and serve an order
for withholding pursuant to the procedures set forth in this
subsection.
(2) The obligee or public office shall:
(a) Prepare a proposed order for withholding for
immediate service as provided by paragraphs (1) and (3)
of subsection (B), except that the minimum 20%
delinquency payment shall be used;
(b) Prepare a notice of delinquency as provided by
paragraphs (1) and (2) of subsection (C), except the
notice shall state further that the order for withholding
has not been entered by the court and the conditions
under which the order will be entered; and
(c) Serve the notice of delinquency and form
petition to stay service as provided by paragraph (3) of
subsection (C), together with the proposed order for
withholding, which shall be marked "COPY ONLY".
(3) After 20 days following service of the notice of
delinquency and proposed order for withholding, in lieu of
the provisions of subsection (E), the obligee or public
office shall file with the Clerk of the Circuit Court an
affidavit, with a copy of the notice of delinquency and
proposed order for withholding attached thereto, stating
that:
(a) The notice of delinquency and proposed order
for withholding have been served upon the obligor and the
date on which service was effected;
(b) The obligor has not filed a petition to stay
service within 20 days of service of such notice and
order; and
(c) The proposed order for withholding accurately
states the terms and amounts contained in the last order
for support.
(4) Upon the court's satisfaction that the procedures
set forth in this subsection have been met, it shall enter
the order for withholding.
(5) The Clerk shall then provide to the obligee or
public office a specially certified copy of the order for
withholding and the notice of delinquency indicating that the
preconditions for service have been met.
(6) The obligee or public office shall serve the
specially certified copies of the order for withholding and
the notice of delinquency on the payor, its superintendent,
manager or other agent by certified mail or personal
delivery. A proof of service shall be filed with the Clerk
of the Circuit Court.
(7) If the obligor requests in writing that income
withholding become effective prior to becoming delinquent in
payment of an amount equal to one month's support obligation
pursuant to the last order for support, or prior to becoming
30 days late in paying all or part of the order for support,
the obligee or public office shall file an affidavit with the
Clerk of the circuit Court, with a proposed order for
withholding attached, stating that the proposed order
accurately states the terms and amounts contained in the last
order for support and the obligor's request for immediate
service. The provisions of paragraphs (4) through (6) of this
subsection shall apply, except that a notice of delinquency
shall not be required.
(8) All other provisions of this Section shall be
applicable with respect to the provisions of this subsection
(K), except that under paragraph (1) of subsection (H), the
court may also amend the proposed order for withholding to
conform to the last order for support.
(9) Nothing in this subsection shall be construed as
limiting the requirements of paragraph (1) of subsection (B)
with respect to the entry of a separate order for withholding
upon entry of any order for support.
(L) Remedies in Addition to Other Laws.
(1) The rights, remedies, duties and penalties created
by this Section are in addition to and not in substitution
for any other rights, remedies, duties and penalties created
by any other law.
(2) Nothing in this Section shall be construed as
invalidating any assignment of wages or benefits executed
prior to January 1, 1984.
(Source: P.A. 87-529; 87-935; 87-988; 87-1105; 88-26; 88-45;
88-94; 88-131; 88-307; 88-670, eff. 12-2-94.)
(Text of Section after amendment by P.A. 89-507)
Sec. 706.1. Withholding of Income to Secure Payment of
Support.
(A) Definitions.
(1) "Order for support" means any order of the court
which provides for periodic payment of funds for the support
of a child or maintenance of a spouse, whether temporary or
final, and includes any such order which provides for:
(a) Modification or resumption of, or payment of
arrearage accrued under, a previously existing order;
(b) Reimbursement of support; or
(c) Enrollment in a health insurance plan that is
available to the obligor through an employer or labor
union or trade union.
(2) "Arrearage" means the total amount of unpaid support
obligations as determined by the court and incorporated into
an order for support.
(3) "Delinquency" means any payment under an order for
support which becomes due and remains unpaid after entry of
the an order for support withholding has been entered under
subsection (B) or, for purposes of subsection (K), after the
last order for support was entered for which no order for
withholding was entered.
(4) "Income" means any form of periodic payment to an
individual, regardless of source, including, but not limited
to: wages, salary, commission, compensation as an independent
contractor, workers' compensation, disability, annuity,
pension, and retirement benefits, lottery prize awards,
insurance proceeds, vacation pay, bonuses, profit-sharing
payments, interest, and any other payments, made by any
person, private entity, federal or state government, any unit
of local government, school district or any entity created by
Public Act; however, "income" excludes:
(a) Any amounts required by law to be withheld,
other than creditor claims, including, but not limited
to, federal, State and local taxes, Social Security and
other retirement and disability contributions;
(b) Union dues;
(c) Any amounts exempted by the federal Consumer
Credit Protection Act;
(d) Public assistance payments; and
(e) Unemployment insurance benefits except as
provided by law.
Any other State or local laws which limit or exempt
income or the amount or percentage of income that can be
withheld shall not apply.
(5) "Obligor" means the individual who owes a duty to
make payments under an order for support.
(6) "Obligee" means the individual to whom a duty of
support is owed or the individual's legal representative.
(7) "Payor" means any payor of income to an obligor.
(8) "Public office" means any elected official or any
State or local agency which is or may become responsible by
law for enforcement of, or which is or may become authorized
to enforce, an order for support, including, but not limited
to: the Attorney General, the Illinois Department of Public
Aid, the Illinois Department of Human Services, the Illinois
Department of Children and Family Services, and the various
State's Attorneys, Clerks of the Circuit Court and
supervisors of general assistance.
(9) "Premium" means the dollar amount for which the
obligor is liable to his employer or labor union or trade
union and which must be paid to enroll or maintain a child in
a health insurance plan that is available to the obligor
through an employer or labor union or trade union.
(B) Entry of Order for Support Containing Income Withholding
Provisions; Income Withholding Notice.
(1) In addition to any content required under other
laws, every order for support entered on or after July 1,
1997, shall:
(a) 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
(b) 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
(c) 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.
(2) 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.
(3) The income withholding notice shall:
(a) Be in the standard format prescribed by the
federal Department of Health and Human Services; and
(b) Direct any payor to withhold the dollar amount
required for current support under the order for support;
and
(c) 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
(d) 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
(e) State the amount of the payor income
withholding fee specified under this Section; and
(f) 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
(g) 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
(h) State the rights, remedies, and duties of the
obligor under this Section; and
(i) Include the obligor's Social Security Number;
and
(j) 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.
(4) The accrual of a delinquency as a condition for
service of an income withholding notice, under the exception
to immediate withholding in paragraph (1) of this subsection,
shall apply only to the initial service of an income
withholding notice on a payor of the obligor.
(5) Notwithstanding the exception to immediate
withholding contained in paragraph (1) of this subsection, 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.
(6) If the order for support, under the exception to
immediate withholding contained in paragraph (1) of this
subsection, 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.
(7) 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. Proofs of
service on the payor and the obligor shall be filed with the
Clerk of the Circuit Court.
(8) At any time after the initial service of an income
withholding notice under this Section, any other payor of the
obligor may be served with the same income withholding notice
without further notice to the obligor.
(C) Income Withholding After Accrual of Delinquency.
(1) Whenever an obligor accrues a delinquency, the
obligee or public office may prepare and serve upon the
obligor's payor an income withholding notice that:
(a) Contains the information required under
paragraph (3) of subsection (B); and
(b) Contains a computation of the period and total
amount of the delinquency as of the date of the notice;
and
(c) Directs the payor to withhold the dollar amount
required to be withheld periodically under the order for
support for payment of the delinquency.
(2) The income withholding notice and the obligor's copy
of the income withholding notice shall be served as provided
in paragraph (7) of subsection (B).
(3) The obligor may contest withholding commenced under
this subsection by filing a petition to contest withholding
with the Clerk of the Circuit Court within 20 days after
service of a copy of the income withholding notice on the
obligor. However, the grounds for the petition to contest
withholding shall be limited to:
(a) A dispute concerning the existence or amount of
the delinquency; or
(b) The identity of the obligor.
The Clerk of the Circuit Court shall notify the obligor
and the obligee or public office of the time and place of the
hearing on the petition to contest withholding. The court
shall hold the hearing pursuant to the provisions of
subsection (F).
(D) Initiated Withholding.
(1) Notwithstanding any other provision of this Section,
if the court has not required that income withholding take
effect immediately, the obligee or public office may initiate
withholding, regardless of whether a delinquency has accrued,
by preparing and serving an income withholding notice on the
payor that contains the information required under paragraph
(3) of subsection (B) and states that the parties' written
agreement providing an alternative arrangement to immediate
withholding under paragraph (1) of subsection (B) no longer
ensures payment of support due and the reason or reasons why
it does not.
(2) The income withholding notice and the obligor's copy
of the income withholding notice shall be served as provided
in paragraph (7) of subsection (B).
(3) The obligor may contest withholding commenced under
this subsection by filing a petition to contest withholding
with the Clerk of the Circuit Court within 20 days after
service of a copy of the income withholding notice on the
obligor. However, the grounds for the petition shall be
limited to a dispute concerning:
(a) whether the parties' written agreement providing
an alternative arrangement to immediate withholding under
paragraph (1) of subsection (B) continues to ensure
payment of support; or
(b) the identity of the obligor.
It shall not be grounds for filing a petition that the
obligor has made all payments due by the date of the
petition.
(4) If the obligor files a petition contesting
withholding within the 20-day period required under paragraph
(3), the Clerk of the Circuit Court shall notify the obligor
and the obligee or public office, as appropriate, of the time
and place of the hearing on the petition. The court shall
hold the hearing pursuant to the provisions of subsection
(F).
(B) Entry of an Order for Withholding.
(1) Upon entry of any order for support on or after
January 1, 1984, the court shall enter a separate order for
withholding which shall not take effect unless the obligor
becomes delinquent in paying the order for support or the
obligor requests an earlier effective date; except that the
court may require the order for withholding to take effect
immediately.
On or after January 1, 1989, the court shall require the
order for withholding to take effect immediately, 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 insures
payment of support. In that case, the court shall enter the
order for withholding which will not take effect unless the
obligor becomes delinquent in paying the order for support.
Upon entry of any order of support on or after September
11, 1989, if the obligor is not a United States citizen, the
obligor shall provide to the court the obligor's alien
registration number, passport number, and home country's
social security or national health number, if applicable; the
court shall make the information part of the record in the
case.
(2) An order for withholding shall be entered upon
petition by the obligee or public office where an order for
withholding has not been previously entered.
(3) The order for withholding shall:
(a) Direct any payor to withhold a dollar amount
equal to the order for support; and
(b) Direct any payor to withhold an additional
dollar amount, not less than 20% of the order for
support, until payment in full of any delinquency stated
in the notice of delinquency provided for in subsection
(C) or (F) of this Section; and
(c) 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
(d) State the rights, remedies and duties of the
obligor under this Section; and
(e) Include the obligor's Social Security Number,
which the obligor shall disclose to the court; and
(f) 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.
(4) At the time the order for withholding is entered,
the Clerk of the Circuit Court shall provide a copy of the
order for withholding and the order for support to the
obligor and shall make copies available to the obligee and
public office. Any copy of the order for withholding
furnished to the parties under this subsection shall be
stamped "Not Valid".
(5) The order for withholding shall remain in effect for
as long as the order for support upon which it is based.
(6) The failure of an order for withholding to state an
arrearage is not conclusive of the issue of whether an
arrearage is owing.
(7) Notwithstanding the provisions of this subsection,
if the court finds at the time of any hearing that an
arrearage has accrued in an amount equal to at least one
month's support obligation or that the obligor is 30 days
late in paying all or part of the order for support, the
court shall order immediate service of the order for
withholding upon the payor.
(8) Where the court has not required that the order for
withholding take effect immediately, the obligee or public
office may prepare and serve a notice for immediate
withholding upon the obligor by ordinary mail addressed to
the obligor at his or her last known address. The notice
shall state that the following circumstances have occurred:
(a) The parties' written agreement providing an
alternative arrangement to immediate withholding under
paragraph (1) of this subsection no longer provides for
timely payment of all support due; or
(b) The obligor has not made timely payments in
that the obligor has been at least 7 days late in paying
all or part of the order for support any of the last 6
consecutive dates payments were due prior to the date of
the notice for immediate withholding.
The notice for immediate withholding shall clearly state
that a specially certified copy of the order for withholding
will be sent to the payor, unless the obligor files a
petition contesting immediate withholding within 20 days
after service of the notice; however, the grounds for the
petition shall be limited to a dispute concerning whether the
circumstances stated in the notice have occurred or the
identity of the obligor. It shall not be grounds for the
petition that the obligor has made all payments due by the
date of the petition.
If the obligor files a petition contesting immediate
withholding within the 20-day period required under this
paragraph, the Clerk of the Circuit Court shall notify the
obligor and the obligee or public office, as appropriate, of
the time and place of the hearing on the petition. Upon
hearing the petition, the court shall enter an order granting
or denying relief. It shall not be grounds for granting the
obligor's petition that he or she has made all payments due
by the date of hearing. If the court denies the obligor's
petition, it shall order immediate service of the order for
withholding and direct the clerk to provide a specially
certified copy of the order for withholding to the obligee or
public office indicating that the requirements for immediate
withholding under this paragraph have been met.
If the obligor does not file a petition contesting
immediate withholding within the 20-day period, the obligee
or public office shall file with the Clerk of the Circuit
Court an affidavit, with a copy of the notice for immediate
withholding attached thereto, stating that the notice was
duly served and the date on which service was effected, and
that the obligor has not filed a petition contesting
immediate withholding. The clerk shall then provide to the
obligee or public office a specially certified copy of the
order for withholding indicating that the requirements for
immediate withholding under this paragraph have been met.
Upon receipt of a specially certified copy of the order
for withholding, the obligee or public office may serve the
order on the payor, its superintendent, manager or other
agent, by certified mail or personal delivery. A proof of
service shall be filed with the Clerk of the Circuit Court.
(C) Notice of Delinquency.
(1) Whenever an obligor becomes delinquent in payment of
an amount equal to at least one month's support obligation
pursuant to the order for support or is at least 30 days late
in complying with all or part of the order for support,
whichever occurs first, the obligee or public office may
prepare and serve a verified notice of delinquency, together
with a form petition to stay service, pursuant to paragraph
(3) of this subsection.
(2) The notice of delinquency shall recite the terms of
the order for support and contain a computation of the period
and total amount of the delinquency, as of the date of the
notice. The notice shall clearly state that it will be sent
to the payor, together with a specially certified copy of the
order for withholding, except as provided in subsection (F),
unless the obligor files a petition to stay service in
accordance with paragraph (1) of subsection (D).
(3) The notice of delinquency shall be served by
ordinary mail addressed to the obligor at his or her last
known address.
(4) The obligor may execute a written waiver of the
provisions of paragraphs (1) through (3) of this subsection
and request immediate service upon the payor.
(D) Procedures to Avoid Income Withholding.
(1) Except as provided in subsection (F), the obligor
may prevent an order for withholding from being served by
filing a petition to stay service with the Clerk of the
Circuit Court, within 20 days after service of the notice of
delinquency; however, the grounds for the petition to stay
service shall be limited to:
(a) A dispute concerning the amount of current
support or the existence or amount of the delinquency;
(b) The identity of the obligor.
The Clerk of the Circuit Court shall notify the obligor
and the obligee or public office, as appropriate, of the time
and place of the hearing on the petition to stay service. The
court shall hold such hearing pursuant to the provisions of
subsection (H).
(2) Except as provided in subsection (F), filing of a
petition to stay service, within the 20-day period required
under this subsection, shall prohibit the obligee or public
office from serving the order for withholding on any payor of
the obligor.
(E) Initial Service of Order for Withholding.
(1) Except as provided in subsection (F), in order to
serve an order for withholding upon a payor, an obligee or
public office shall follow the procedures set forth in this
subsection. After 20 days following service of the notice of
delinquency, the obligee or public office shall file with the
Clerk of the Circuit Court an affidavit, with the copy of the
notice of delinquency attached thereto, stating:
(a) that the notice of delinquency has been duly
served and the date on which service was effected; and
(b) that the obligor has not filed a petition to
stay service, or in the alternative
(c) that the obligor has waived the provisions of
subparagraphs (a) and (b) of this paragraph (1) in
accordance with subsection (C)(4).
(2) Upon request of the obligee or public office, the
Clerk of the Circuit Court shall: (a) make available any
record of payment; and (b) determine that the file contains a
copy of the affidavit described in paragraph (1). The Clerk
shall then provide to the obligee or public office a
specially certified copy of the order for withholding and the
notice of delinquency indicating that the preconditions for
service have been met.
(3) The obligee or public office may then serve the
notice of delinquency and order for withholding on the payor,
its superintendent, manager or other agent, by certified mail
or personal delivery. A proof of service shall be filed with
the Clerk of the Circuit Court.
(F) Subsequent Service of Order for Withholding.
(1) Notwithstanding the provisions of this Section, at
any time after the court has ordered immediate service of an
order for withholding or after initial service of an order
for withholding pursuant to subsection (E), the obligee or
public office may serve the order for withholding upon any
payor of the obligor without further notice to the obligor.
The obligee or public office shall provide notice to the
payor, pursuant to paragraph (6) of subsection (I), of any
payments that have been made through previous withholding or
any other method.
(2) The Clerk of the Circuit Court shall, upon request,
provide the obligee or public office with specially certified
copies of the order for withholding or the notice of
delinquency or both whenever the Court has ordered immediate
service of an order for withholding or an affidavit has been
placed in the court file indicating that the preconditions
for service have been previously met. The obligee or public
office may then serve the order for withholding on the payor,
its superintendent, manager or other agent by certified mail
or personal delivery. A proof of service shall be filed with
the Clerk of the Circuit Court.
(3) If a delinquency has accrued for any reason, the
obligee or public office may serve a notice of delinquency
upon the obligor pursuant to subsection (C). The obligor may
prevent the notice of delinquency from being served upon the
payor by utilizing the procedures set forth in subsection
(D). If no petition to stay service has been filed within the
required 20 day time period, the obligee or public office may
serve the notice of delinquency on the payor by utilizing the
procedures for service set forth in subsection (E).
(E) (G) Duties of Payor.
(1) It shall be the duty of any payor who has been
served with an income withholding a copy of the specially
certified order for withholding and any notice of delinquency
to deduct and pay over income as provided in this subsection.
The payor shall deduct the amount designated in the income
order for withholding notice, as supplemented by the notice
of delinquency and any notice provided pursuant to paragraph
(6) of subsection (G) (I), 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 order and any notice was were mailed, sent by
facsimile or other electronic means, by certified mail 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 obligee or public office 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 10 calendar days of
the date income is paid to the obligor in accordance with the
order for withholding and any subsequent notification
received from the public office redirecting payments. If the
payor knowingly fails to pay any amount withheld to the
obligee or public office within 7 business days after the
date the amount would have been 10 calendar days of the date
income is paid or credited to the obligor, the payor shall
pay a penalty of $100 for each day that the withheld amount
is not paid to the obligee or public office after the period
of 7 business 10 calendar days has expired. The failure of a
payor, on more than one occasion, to pay amounts withheld to
the obligee or public office within 7 business days after the
date the amount would have been 10 calendar days of the date
income is not 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. For purposes of this Section, 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
obligee or public office, 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 income was
paid from which support was withheld.
Upon receipt of an income withholding notice order
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 court order. 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.
(2) Whenever the obligor is no longer receiving income
from the payor, the payor shall return a copy of the income
order for withholding notice to the obligee or public office
and shall provide information for the purpose of enforcing
this Section.
(3) Withholding of income under this Section 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 Section shall
not be in excess of the maximum amounts permitted under the
federal Consumer Credit Protection Act. If the payor has been
served with more than one income order for 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. If there
is any income available for withholding after withholding for
all current support obligations, the payor shall allocate the
income to past due support payments ordered in cases in which
cash assistance under the Illinois Public Aid Code is not
being provided to the obligee non-AFDC matters and then to
past due support payments ordered in cases in which cash
assistance under the Illinois Public Aid Code is being
provided to the obligee AFDC matters, both on a proportionate
share basis. 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. Payment as required by the order for withholding
shall be a complete defense by the payor against any claims
of the obligor or his creditors as to the sum so paid.
(4) No payor shall discharge, discipline, refuse to hire
or otherwise penalize any obligor because of the duty to
withhold income.
(F) (H) Petitions to Contest Withholding Stay Service or to
Modify, Suspend, or Terminate, or Correct Income Orders for
Withholding Notices.
(1) When an obligor files a petition to contest
withholding stay service, the court, after due notice to all
parties, shall hear the matter as soon as practicable and
shall enter an order granting or denying relief, ordering
service of an amended income withholding notice amending the
notice of delinquency, amending the order for withholding,
where applicable, or otherwise resolving the matter.
The court shall deny the obligor's petition if the court
finds that when the income withholding notice was mailed,
sent by facsimile transmission or other electronic means, or
placed for personal delivery to or service on the payor:
(a) A delinquency existed; or
(b) The parties' written agreement providing an
alternative arrangement to immediate withholding under
paragraph (1) of subsection (B) no longer ensured payment
of support. If the court finds that a delinquency existed
when the notice of delinquency was served upon the
obligor, in an amount of at least one month's support
obligation, or that the obligor was at least 30 days late
in paying all or part of the order for support, the court
shall order immediate service of the order for
withholding. Where the court cannot promptly resolve any
dispute over the amount of the delinquency, the court may
order immediate service of the order for withholding as
to any undisputed amounts specified in an amended notice
of delinquency, and may continue the hearing on the
disputed amounts.
(2) At any time, an obligor, obligee, public office or
Clerk of the Circuit Court may petition the court to:
(a) Modify, suspend or terminate the income order
for withholding notice because of a modification,
suspension or termination of the underlying order for
support; or
(b) Modify the amount of income to be withheld to
reflect payment in full or in part of the delinquency or
arrearage by income withholding or otherwise; or
(c) Suspend the income order for withholding notice
because of inability to deliver income withheld to the
obligee due to the obligee's failure to provide a mailing
address or other means of delivery.
(3) At any time an obligor may petition the court to
correct a term contained in an income withholding notice to
conform to that stated in the underlying order for support
for:
(a) The amount of current support;
(b) The amount of the arrearage;
(c) The periodic amount for payment of the
arrearage; or
(d) The periodic amount for payment of the
delinquency.
(4) (3) The obligor, obligee or public office shall
serve on the payor, in the manner provided for service of
income withholding notices in paragraph (7) of subsection (B)
by certified mail or personal delivery, a copy of any order
entered pursuant to this subsection that affects the duties
of the payor.
(5) (4) At any time, a public office or Clerk of the
Circuit Court may serve a notice on the payor to:
(a) Cease withholding of income for payment of
current support for a child when the support obligation
for that child has automatically ceased under the order
for support through emancipation or otherwise; or
(b) Cease withholding of income for payment of
delinquency or arrearage when the delinquency or
arrearage has been paid in full.
(6) (5) The notice provided for under paragraph (5) (4)
of this subsection shall be served on the payor in the manner
provided for service of income withholding notices in
paragraph (7) of subsection (B) by ordinary mail, and a copy
shall be provided to the obligor and the obligee. A copy of
the notice shall be filed with the Clerk of the Circuit
Court.
(7) (6) The income order for withholding notice shall
continue to be binding upon the payor until service of an
amended income withholding notice or any order of the court
or notice entered or provided for under this subsection.
(G) (I) Additional Duties.
(1) An obligee who is receiving income withholding
payments under this Section shall notify the payor, if the
obligee receives the payments directly from the payor, or the
public office or the Clerk of the Circuit Court, as
appropriate, of any change of address within 7 days of such
change.
(2) An obligee who is a recipient of public aid shall
send a copy of any notice served by the obligee of
delinquency filed pursuant to subsection (C) to the Division
Bureau of Child Support Enforcement of the Illinois
Department of Public Aid.
(3) Each obligor shall notify the obligee, the public
office, and the Clerk of the Circuit Court of any change of
address within 7 days.
(4) An obligor whose income is being withheld or who has
been served with a notice of delinquency pursuant to this
Section shall notify the obligee, the public office, and the
Clerk of the Circuit Court of any new payor, within 7 days.
(5) When the Illinois Department of Public Aid is no
longer authorized to receive payments for the obligee, it
shall, within 7 days, notify the payor or, where appropriate,
the Clerk of the Circuit Court, to redirect income
withholding payments to the obligee.
(6) The obligee or public office shall provide notice to
the payor and Clerk of the Circuit Court of any other support
payment made, including but not limited to, a set-off under
federal and State law or partial payment of the delinquency
or arrearage, or both.
(7) Any public office and Clerk of the Circuit Court
which collects, disburses or receives payments pursuant to
income orders for withholding notices shall maintain
complete, accurate, and clear records of all payments and
their disbursements. Certified copies of payment records
maintained by a public office or Clerk of the Circuit Court
shall, without further proof, be admitted into evidence in
any legal proceedings under this Section.
(8) The Illinois Department of Public Aid shall design
suggested legal forms for proceeding under this Section and
shall make available to the courts such forms and
informational materials which describe the procedures and
remedies set forth herein for distribution to all parties in
support actions.
(9) At the time of transmitting each support payment,
the clerk of the circuit court shall provide the obligee or
public office, as appropriate, with any information furnished
by the payor as to the date the amount would (but for the
duty to withhold income) have been paid or credited to the
obligor income was paid from which such support was withheld.
(H) (J) Penalties.
(1) Where a payor wilfully fails to withhold or pay over
income pursuant to a properly served income withholding
notice, specially certified order for withholding and any
notice of delinquency, or wilfully discharges, disciplines,
refuses to hire or otherwise penalizes an obligor as
prohibited by subsection (E) (G), or otherwise fails to
comply with any duties imposed by this Section, 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:
(a) Shall enter judgment and direct the enforcement
thereof for the total amount that the payor wilfully
failed to withhold or pay over; and
(b) 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.
(2) Any obligee, public office or obligor who wilfully
initiates a false proceeding under this Section or who
wilfully fails to comply with the requirements of this
Section shall be punished as in cases of contempt of court.
(I) Alternative Procedures for Service of an Income
Withholding Notice.
(1) The procedures of this subsection may be used in any
matter to serve an income withholding notice on a payor if:
(a) For any reason the most recent order for
support entered does not contain the income withholding
provisions required under subsection (B), irrespective of
whether a separate order for withholding was entered
prior to July 1, 1997; and
(b) The obligor has accrued a delinquency after
entry of the most recent order for support.
(2) The obligee or public office shall prepare and serve
the income withholding notice in accordance with the
provisions of subsection (C), except that the notice shall
contain a periodic amount for payment of the delinquency
equal to 20% of the total of the current support amount and
the amount to be paid periodically for payment of any
arrearage stated in the most recent order for support.
(3) If the obligor requests in writing that income
withholding become effective prior to the obligor accruing a
delinquency under the most recent order for support, the
obligee or public office may prepare and serve an income
withholding notice on the payor as provided in subsection
(B). In addition to filing proofs of service of the income
withholding notice on the payor and the obligor, the obligee
or public office shall file a copy of the obligor's written
request for income withholding with the Clerk of the Circuit
Court.
(4) All other provisions of this Section shall be
applicable with respect to the provisions of this subsection
(I).
(K) Alternative Procedures for Entry and Service of an Order
for Withholding.
(1) Effective January 1, 1987, in any matter in which an
order for withholding has not been entered for any reason,
based upon the last order for support that has been entered,
and in which the obligor has become delinquent in payment of
an amount equal to at least one month's support obligation
pursuant to the last order for support or is at least 30 days
late in complying with all or part of the order for support,
the obligee or public office may prepare and serve an order
for withholding pursuant to the procedures set forth in this
subsection.
(2) The obligee or public office shall:
(a) Prepare a proposed order for withholding for
immediate service as provided by paragraphs (1) and (3)
of subsection (B), except that the minimum 20%
delinquency payment shall be used;
(b) Prepare a notice of delinquency as provided by
paragraphs (1) and (2) of subsection (C), except the
notice shall state further that the order for withholding
has not been entered by the court and the conditions
under which the order will be entered; and
(c) Serve the notice of delinquency and form
petition to stay service as provided by paragraph (3) of
subsection (C), together with the proposed order for
withholding, which shall be marked "COPY ONLY".
(3) After 20 days following service of the notice of
delinquency and proposed order for withholding, in lieu of
the provisions of subsection (E), the obligee or public
office shall file with the Clerk of the Circuit Court an
affidavit, with a copy of the notice of delinquency and
proposed order for withholding attached thereto, stating
that:
(a) The notice of delinquency and proposed order
for withholding have been served upon the obligor and the
date on which service was effected;
(b) The obligor has not filed a petition to stay
service within 20 days of service of such notice and
order; and
(c) The proposed order for withholding accurately
states the terms and amounts contained in the last order
for support.
(4) Upon the court's satisfaction that the procedures
set forth in this subsection have been met, it shall enter
the order for withholding.
(5) The Clerk shall then provide to the obligee or
public office a specially certified copy of the order for
withholding and the notice of delinquency indicating that the
preconditions for service have been met.
(6) The obligee or public office shall serve the
specially certified copies of the order for withholding and
the notice of delinquency on the payor, its superintendent,
manager or other agent by certified mail or personal
delivery. A proof of service shall be filed with the Clerk
of the Circuit Court.
(7) If the obligor requests in writing that income
withholding become effective prior to becoming delinquent in
payment of an amount equal to one month's support obligation
pursuant to the last order for support, or prior to becoming
30 days late in paying all or part of the order for support,
the obligee or public office shall file an affidavit with the
Clerk of the circuit Court, with a proposed order for
withholding attached, stating that the proposed order
accurately states the terms and amounts contained in the last
order for support and the obligor's request for immediate
service. The provisions of paragraphs (4) through (6) of this
subsection shall apply, except that a notice of delinquency
shall not be required.
(8) All other provisions of this Section shall be
applicable with respect to the provisions of this subsection
(K), except that under paragraph (1) of subsection (H), the
court may also amend the proposed order for withholding to
conform to the last order for support.
(9) Nothing in this subsection shall be construed as
limiting the requirements of paragraph (1) of subsection (B)
with respect to the entry of a separate order for withholding
upon entry of any order for support.
(J) (L) Remedies in Addition to Other Laws.
(1) The rights, remedies, duties and penalties created
by this Section are in addition to and not in substitution
for any other rights, remedies, duties and penalties created
by any other law.
(2) Nothing in this Section shall be construed as
invalidating any assignment of wages or benefits executed
prior to January 1, 1984 or any order for withholding served
prior to July 1, 1997.
(Source: P.A. 88-26; 88-45; 88-94; 88-131; 88-307; 88-670,
eff. 12-2-94; 89-507, eff. 7-1-97.)
(750 ILCS 5/707) (from Ch. 40, par. 707)
Sec. 707. Certificate of Dissolution or Invalidity of
Marriage - Filing with Department of Public Health.) A
certificate of each dissolution of marriage or declaration of
invalidity of marriage ordered in this State shall be filed
with the Illinois Department of Public Health on a form
furnished by such Department. The form shall contain the
social security numbers of the parties whose marriage has
been dissolved or declared invalid. This form shall be
prepared by the person filing the petition for dissolution of
marriage or declaration of invalidity of marriage and shall
be presented to the judge of the court for his inspection
prior to the entry of the final order. Failure to comply
with this Act shall not invalidate any judgment of
dissolution of marriage or declaration of invalidity of
marriage. Immediately after the judgment is granted, the
clerk of the court shall complete the remaining entries on
the certificate. Within 45 days after the close of the month
in which the judgment is rendered, the clerk shall forward
the certificate to the Illinois Department of Public Health.
(Source: P.A. 81-399.)
Section 105. The Non-Support of Spouse and Children Act
is amended by changing Sections 2.1, 3, 4.1, and 12 as
follows:
(750 ILCS 15/2.1) (from Ch. 40, par. 1105)
Sec. 2.1. Support payments; receiving and disbursing
agents.
(1) In actions instituted under this Act on and after
August 14, 1961, involving a minor child or children, the
Court, except in actions instituted on or after August 26,
1969, in which the support payments are in behalf of a
recipient of aid under the Illinois Public Aid Code, shall
direct that moneys ordered to be paid for support under
Sections 3 and 4 of this Act shall be paid to the clerk of
the court in counties of less than 3 million population, and
in counties of 3 million or more population, to the clerk or
probation officer of the court or to the Court Service
Division of the County Department of Public Aid. After the
effective date of this amendatory Act of 1975, the court
shall direct that such support moneys be paid to the clerk or
probation officer or the Illinois Department of Public Aid.
However, the court in its discretion may direct otherwise
where exceptional circumstances so warrant. If payment is to
be made to persons other than the clerk or probation officer,
the Court Service Division of the County Department of Public
Aid, or the Illinois Department of Public Aid, the judgment
or order of support shall set forth the facts of the
exceptional circumstances.
(2) In actions instituted after August 26, 1969, where
the support payments are in behalf of spouses, children, or
both, who are recipients of aid under the Illinois Public Aid
Code, the court shall order the payments to be made directly
to (1) the Illinois Department of Public Aid if the person is
a recipient under Articles III, IV or V of the Code, or (2)
to the local governmental unit responsible for the support of
the person if he or she is a recipient under Articles VI or
VII of the Code. In accordance with federal law and
regulations, the Illinois Department of Public Aid may
continue to collect current maintenance payments or child
support payments, or both, after those persons cease to
receive public assistance and until termination of services
under Article X of the Illinois Public Aid Code. The
Illinois Department of Public Aid shall pay the net amount
collected to those persons after deducting any costs incurred
in making the collection or any collection fee from the
amount of any recovery made. The order shall permit the
Illinois Department of Public Aid or the local governmental
unit, as the case may be, to direct that support payments be
made directly to the spouse, children, or both, or to some
person or agency in their behalf, upon removal of the spouse
or children from the public aid rolls or upon termination of
services under Article X of the Illinois Public Aid Code; and
upon such direction, the Illinois Department or the local
governmental unit, as the case requires, shall give notice of
such action to the court in writing or by electronic
transmission.
(3) The clerks, probation officers, and the Court
Service Division of the County Department of Public Aid in
counties of 3 million or more population, and, after the
effective date of this amendatory Act of 1975, the clerks,
probation officers, and the Illinois Department of Public
Aid, shall disburse moneys paid to them to the person or
persons entitled thereto under the order of the Court. They
shall establish and maintain current records of all moneys
received and disbursed and of delinquencies and defaults in
required payments. The Court, by order or rule, shall make
provision for the carrying out of these duties.
In cases in which a party is receiving child and spouse
support services under Article X of the Illinois Public Aid
Code and the order for support provides that child support
payments be made to the obligee, the Illinois Department of
Public Aid may provide notice to the obligor and the
obligor's payor, when income withholding is in effect under
Section 4.1 of this Act, to make all payments after receipt
of the Department's notice to the clerk of the court until
further notice by the Department or order of the court.
Copies of the notice shall be provided to the obligee and the
clerk. The clerk's copy shall contain a proof of service on
the obligor and the obligor's payor, where applicable. The
clerk shall file the clerk's copy of the notice in the court
file. The notice to the obligor and the payor, if applicable,
may be sent by ordinary mail, certified mail, return receipt
requested, facsimile transmission, or other electronic
process, or may be served upon the obligor or payor using any
method provided by law for service of a summons. An obligor
who fails to comply with a notice provided under this
paragraph is guilty of a Class B misdemeanor. A payor who
fails to comply with a notice provided under this paragraph
is guilty of a business offense and subject to a fine of up
to $1,000.
Upon notification in writing or by electronic
transmission from the Illinois Department of Public Aid to
the clerk of the court that a person who is receiving support
payments under this Section is receiving services under the
Child Support Enforcement Program established by Title IV-D
of the Social Security Act, any support payments subsequently
received by the clerk of the court shall be transmitted in
accordance with the instructions of the Illinois Department
of Public Aid until the Department gives notice to cease the
transmittal. After providing the notification authorized
under this paragraph, the Illinois Department of Public Aid
shall be entitled as a party to notice of any further
proceedings in the case. The clerk of the court shall file a
copy of the Illinois Department of Public Aid's notification
in the court file. The failure of the clerk to file a copy
of the notification in the court file shall not, however,
affect the Illinois Department of Public Aid's right to
receive notice of further proceedings.
(4) Payments under this Section to the Illinois
Department of Public Aid pursuant to the Child Support
Enforcement Program established by Title IV-D of the Social
Security Act shall be paid into the Child Support Enforcement
Trust Fund. All other payments under this Section to the
Illinois Department of Public Aid shall be deposited in the
Public Assistance Recoveries Trust Fund. Disbursements from
these funds shall be as provided in the Illinois Public Aid
Code. Payments received by a local governmental unit shall be
deposited in that unit's General Assistance Fund.
(5) Orders and assignments entered or executed prior to
the Act approved August 14, 1961 shall not be affected
thereby. Employers served with wage assignments executed
prior to that date shall comply with the terms thereof.
However, the Court, on petition of the state's attorney, or
of the Illinois Department of Public Aid or local
governmental unit in respect to recipients of public aid, may
order the execution of new assignments and enter new orders
designating the clerk, probation officer, or the Illinois
Department of Public Aid or appropriate local governmental
unit in respect to payments in behalf of recipients of public
aid, as the person or agency authorized to receive and
disburse the salary or wages assigned. On like petition the
Court may enter new orders designating such officers,
agencies or governmental units to receive and disburse the
payments ordered under Section 4.
(6) For those cases in which child support is payable to
the clerk of the circuit court for transmittal to the
Illinois Department of Public Aid by order of court or upon
notification by the Illinois Department of Public Aid, the
clerk shall transmit all such payments, within 4 working days
of receipt, to insure that funds are available for immediate
distribution by the Department to the person or entity
entitled thereto in accordance with standards of the Child
Support Enforcement Program established under Title IV-D of
the Social Security Act. The clerk shall notify the
Department of the date of receipt and amount thereof at the
time of transmittal. Where the clerk has entered into an
agreement of cooperation with the Department to record the
terms of child support orders and payments made thereunder
directly into the Department's automated data processing
system, the clerk shall account for, transmit and otherwise
distribute child support payments in accordance with such
agreement in lieu of the requirements contained herein.
(Source: P.A. 88-687, eff. 1-24-95.)
(750 ILCS 15/3) (from Ch. 40, par. 1106)
Sec. 3. At any time before the trial, upon motion of the
State's Attorney, or of the Attorney General if the action
has been instituted by his office, and upon notice to the
defendant, or at the time of arraignment or as a condition of
the postponement of arraignment, the court at any time may
enter such temporary order as may seem just, providing for
the support or maintenance of the spouse or child or children
of the defendant, or both, pendente lite.
The Court shall determine the amount of child support by
using the guidelines and standards set forth in subsection
(a) of Section 505 and in Section 505.2 of the Illinois
Marriage and Dissolution of Marriage Act.
The Court shall determine the amount of maintenance using
the standards set forth in Section 504 of the Illinois
Marriage and Dissolution of Marriage Act.
The court may for violation of any order under this
Section punish the offender as for a contempt of court, but
no pendente lite order shall remain in force for a longer
term than 4 months, or after the discharge of any panel of
jurors summoned for service thereafter in such court,
whichever is the sooner.
Any new or existing support order entered by the court
under this Section shall be deemed to be a series of
judgments against the person obligated to pay support
thereunder, each such judgment to be in the amount of each
payment or installment of support and each such judgment to
be deemed entered as of the date the corresponding payment or
installment becomes due under the terms of the support order.
Each such judgment shall have the full force, effect and
attributes of any other judgment of this State, including the
ability to be enforced. Any such judgment is subject to
modification or termination only in accordance with Section
510 of the Illinois Marriage and Dissolution of Marriage Act.
A lien arises by operation of law against the real and
personal property of the noncustodial parent for each
installment of overdue support owed by the noncustodial
parent.
A one-time interest charge of 20% is imposable upon the
amount of past-due child support owed on July 1, 1988 which
has accrued under a support order entered by the court. The
charge shall be imposed in accordance with the provisions of
Section 10-21 of the Illinois Public Aid Code and shall be
enforced by the court upon petition.
All orders An order for support, when entered or
modified, in a case in which a party is receiving child and
spouse support services under Article X of the Illinois
Public Aid Code shall include a provision requiring the
non-custodial parent to notify the court and, in cases in
which a party is receiving child and spouse support services
under Article X of the Illinois Public Aid Code, the Illinois
Department of Public Aid, within 7 days, (i) of the name and
address of any new employer of the non-custodial parent, (ii)
whether the non-custodial parent has access to health
insurance coverage through the employer or other group
coverage, and, if so, the policy name and number and the
names of persons covered under the policy, and (iii) of any
new residential or mailing address or telephone number of the
non-custodial parent. In any subsequent action to enforce a
support order, upon a sufficient showing that a diligent
effort has been made to ascertain the location of the
non-custodial parent, service of process or provision of
notice necessary in the case may be made at the last known
address of the non-custodial parent in any manner expressly
provided by the Code of Civil Procedure or this Act, which
service shall be sufficient for purposes of due process.
An order for support shall include a date on which the
current support obligation terminates. The termination date
shall be no earlier than the date on which the child covered
by the order will attain the age of majority or is otherwise
emancipated. The order for support shall state that the
termination date does not apply to any arrearage that may
remain unpaid on that date. Nothing in this paragraph shall
be construed to prevent the court from modifying the order.
(Source: P.A. 88-307.)
(750 ILCS 15/4.1) (from Ch. 40, par. 1107.1)
(Text of Section before amendment by P.A. 89-507)
Sec. 4.1. Withholding of Income to Secure Payment of
Support.
(A) Definitions.
(1) "Order for support" means any order of the court
which provides for periodic payment of funds for the support
of a child or maintenance of a spouse, whether temporary or
final, and includes any such order which provides for:
(a) Modification or resumption of, or payment of
arrearage accrued under, a previously existing order;
(b) Reimbursement of support; or
(c) Enrollment in a health insurance plan that is
available to the obligor through an employer or labor
union or trade union.
(2) "Arrearage" means the total amount of unpaid support
obligations.
(3) "Delinquency" means any payment under an order for
support which becomes due and remains unpaid after an order
for withholding has been entered under subsection (B) or, for
purposes of subsection (K), after the last order for support
was entered for which no order for withholding was entered.
(4) "Income" means any form of periodic payment to an
individual, regardless of source, including, but not limited
to: wages, salary, commission, compensation as an independent
contractor, workers' compensation, disability, annuity and
retirement benefits, lottery prize awards, insurance
proceeds, vacation pay, bonuses, profit-sharing payments and
any other payments, made by any person, private entity,
federal or state government, any unit of local government,
school district or any entity created by Public Act; however,
"income" excludes:
(a) Any amounts required by law to be withheld,
other than creditor claims, including, but not limited
to, federal, State and local taxes, Social Security and
other retirement and disability contributions;
(b) Union dues;
(c) Any amounts exempted by the federal Consumer
Credit Protection Act;
(d) Public assistance payments; and
(e) Unemployment insurance benefits except as
provided by law.
Any other State or local laws which limit or exempt
income or the amount or percentage of income that can be
withheld shall not apply.
(5) "Obligor" means the individual who owes a duty to
make payments under an order for support.
(6) "Obligee" means the individual to whom a duty of
support is owed or the individual's legal representative.
(7) "Payor" means any payor of income to an obligor.
(8) "Public office" means any elected official or any
State or local agency which is or may become responsible by
law for enforcement of, or which is or may become authorized
to enforce, an order for support, including, but not limited
to: the Attorney General, the Illinois Department of Public
Aid, the Illinois Department of Mental Health and
Developmental Disabilities, the Illinois Department of
Children and Family Services, and the various State's
Attorneys, Clerks of the Circuit Court and supervisors of
general assistance.
(9) "Premium" means the dollar amount for which the
obligor is liable to his employer or labor union or trade
union and which must be paid to enroll or maintain a child in
a health insurance plan that is available to the obligor
through an employer or labor union or trade union.
(B) Entry of an Order for Withholding.
(1) Upon entry of any order for support on or after
January 1, 1984, the court shall enter a separate order for
withholding which shall not take effect unless the obligor
becomes delinquent in paying the order for support or the
obligor requests an earlier effective date; except that the
court may require the order for withholding to take effect
immediately.
On or after January 1, 1989, the court shall require the
order for withholding to take effect immediately, 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 insures
payment of support. In that case, the court shall enter the
order for withholding which will not take effect unless the
obligor becomes delinquent in paying the order for support.
Upon entry of any order of support on or after September
11, 1989, if the obligor is not a United States citizen, the
obligor shall provide to the court the obligor's alien
registration number, passport number, and home country's
social security or national health number, if applicable; the
court shall make the information part of the record in the
case.
(2) An order for withholding shall be entered upon
petition by the obligee or public office where an order for
withholding has not been previously entered.
(3) The order for withholding shall:
(a) Direct any payor to withhold a dollar amount
equal to the order for support; and
(b) Direct any payor to withhold an additional
dollar amount, not less than 20% of the order for
support, until payment in full of any delinquency stated
in the notice of delinquency provided for in subsection
(C) or (F) of this Section; and
(c) 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
(d) State the rights, remedies and duties of the
obligor under this Section; and
(e) Include the obligor's Social Security Number,
which the obligor shall disclose to the court; and
(f) 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.
(4) At the time the order for withholding is entered,
the Clerk of the Circuit Court shall provide a copy of the
order for withholding and the order for support to the
obligor and shall make copies available to the obligee and
public office. Any copy of the order for withholding
furnished to the parties under this subsection shall be
stamped "Not Valid".
(5) The order for withholding shall remain in effect for
as long as the order for support upon which it is based.
(6) The failure of an order for withholding to state an
arrearage is not conclusive of the issue of whether an
arrearage is owing.
(7) Notwithstanding the provisions of this subsection,
if the court finds at the time of any hearing that an
arrearage has accrued in an amount equal to at least one
month's support obligation or that the obligor is 30 days
late in paying all or part of the order for support, the
court shall order immediate service of the order for
withholding upon the payor.
(8) Where the court has not required that the order for
withholding take effect immediately, the obligee or public
office may prepare and serve a notice for immediate
withholding upon the obligor by ordinary mail addressed to
the obligor at his or her last known address. The notice
shall state that the following circumstances have occurred:
(a) The parties' written agreement providing an
alternative arrangement to immediate withholding under
paragraph (1) of this subsection no longer provides for
timely payment of all support due; or
(b) The obligor has not made timely payments in
that the obligor has been at least 7 days late in paying
all or part of the order for support any of the last 6
consecutive dates payments were due prior to the date of
the notice for immediate withholding.
The notice for immediate withholding shall clearly state
that a specially certified copy of the order for withholding
will be sent to the payor, unless the obligor files a
petition contesting immediate withholding within 20 days
after service of the notice; however, the grounds for the
petition shall be limited to a dispute concerning whether the
circumstances stated in the notice have occurred or the
identity of the obligor. It shall not be grounds for the
petition that the obligor has made all payments due by the
date of the petition.
If the obligor files a petition contesting immediate
withholding within the 20-day period required under this
paragraph, the Clerk of the Circuit Court shall notify the
obligor and the obligee or public office, as appropriate, of
the time and place of the hearing on the petition. Upon
hearing the petition, the court shall enter an order granting
or denying relief. It shall not be grounds for granting the
obligor's petition that he or she has made all payments due
by the date of hearing. If the court denies the obligor's
petition, it shall order immediate service of the order for
withholding, and direct the clerk to provide a specially
certified copy of the order for withholding to the obligee or
public office indicating that the requirements for immediate
withholding under this paragraph have been met.
If the obligor does not file a petition contesting
immediate withholding within the 20-day period, the obligee
or public office shall file with the Clerk of the Circuit
Court an affidavit, with a copy of the notice for immediate
withholding attached thereto, stating that the notice was
duly served and the date on which service was effected, and
that the obligor has not filed a petition contesting
immediate withholding. The clerk shall then provide to the
obligee or public office a specially certified copy of the
order for withholding indicating that the requirements for
immediate withholding under this paragraph have been met.
Upon receipt of a specially certified copy of the order
for withholding, the obligee or public office may serve the
order on the payor, its superintendent, manager or other
agent, by certified mail or personal delivery. A proof of
service shall be filed with the Clerk of the Circuit Court.
(C) Notice of Delinquency.
(1) Whenever an obligor becomes delinquent in payment of
an amount equal to at least one month's support obligation
pursuant to the order for support or is at least 30 days late
in complying with all or part of the order for support,
whichever occurs first, the obligee or public office may
prepare and serve a verified notice of delinquency, together
with a form petition to stay service, pursuant to paragraph
(3) of this subsection.
(2) The notice of delinquency shall recite the terms of
the order for support and contain a computation of the period
and total amount of the delinquency, as of the date of the
notice. The notice shall clearly state that it will be sent
to the payor, together with a specially certified copy of the
order for withholding, except as provided in subsection (F),
unless the obligor files a petition to stay service in
accordance with paragraph (1) of subsection (D).
(3) The notice of delinquency shall be served by
ordinary mail addressed to the obligor at his or her last
known address.
(4) The obligor may execute a written waiver of the
provisions of paragraphs (1) through (3) of this subsection
and request immediate service upon the payor.
(D) Procedures to Avoid Income Withholding.
(1) Except as provided in subsection (F), the obligor
may prevent an order for withholding from being served by
filing a petition to stay service with the Clerk of the
Circuit Court, within 20 days after service of the notice of
delinquency; however, the grounds for the petition to stay
service shall be limited to:
(a) A dispute concerning the amount of current
support or the existence or amount of the delinquency;
(b) The identity of the obligor.
The Clerk of the Circuit Court shall notify the obligor
and the obligee or public office, as appropriate, of the time
and place of the hearing on the petition to stay service. The
court shall hold such hearing pursuant to the provisions of
subsection (H).
(2) Except as provided in subsection (F), filing of a
petition to stay service, within the 20-day period required
under this subsection, shall prohibit the obligee or public
office from serving the order for withholding on any payor of
the obligor.
(E) Initial Service of Order for Withholding.
(1) Except as provided in subsection (F), in order to
serve an order for withholding upon a payor, an obligee or
public office shall follow the procedures set forth in this
subsection. After 20 days following service of the notice of
delinquency, the obligee or public office shall file with the
Clerk of the Circuit Court an affidavit, with the copy of the
notice of delinquency attached thereto, stating:
(a) that the notice of delinquency has been duly
served and the date on which service was effected; and
(b) that the obligor has not filed a petition to
stay service, or in the alternative
(c) that the obligor has waived the provisions of
subparagraphs (a) and (b) of this paragraph (1) in
accordance with subsection (C)(4).
(2) Upon request of the obligee or public office, the
Clerk of the Circuit Court shall: (a) make available any
record of payment; and (b) determine that the file contains a
copy of the affidavit described in paragraph (1). The Clerk
shall then provide to the obligee or public office a
specially certified copy of the order for withholding and the
notice of delinquency indicating that the preconditions for
service have been met.
(3) The obligee or public office may then serve the
notice of delinquency and order for withholding on the payor,
its superintendent, manager or other agent, by certified mail
or personal delivery. A proof of service shall be filed with
the Clerk of the Circuit Court.
(F) Subsequent Service of Order for Withholding.
(1) Notwithstanding the provisions of this Section, at
any time after the court has ordered immediate service of an
order for withholding or after initial service of an order
for withholding pursuant to subsection (E), the obligee or
public office may serve the order for withholding upon any
payor of the obligor without further notice to the obligor.
The obligee or public office shall provide notice to the
payor, pursuant to paragraph (6) of subsection (I), of any
payments that have been made through previous withholding or
any other method.
(2) The Clerk of the Circuit Court shall, upon request,
provide the obligee or public office with specially certified
copies of the order for withholding or the notice of
delinquency or both whenever the Court has ordered immediate
service of an order for withholding or an affidavit has been
placed in the court file indicating that the preconditions
for service have been previously met. The obligee or public
office may then serve the order for withholding on the payor,
its superintendent, manager or other agent by certified mail
or personal delivery. A proof of service shall be filed with
the Clerk of the Circuit Court.
(3) If a delinquency has accrued for any reason, the
obligee or public office may serve a notice of delinquency
upon the obligor pursuant to subsection (C). The obligor may
prevent the notice of delinquency from being served upon the
payor by utilizing the procedures set forth in subsection
(D).
If no petition to stay service has been filed within the
required 20 day time period, the obligee or public office may
serve the notice of delinquency on the payor by utilizing the
procedures for service set forth in subsection (E).
(G) Duties of Payor.
(1) It shall be the duty of any payor who has been
served with a copy of the specially certified order for
withholding and any notice of delinquency to deduct and pay
over income as provided in this subsection. The payor shall
deduct the amount designated in the order for withholding, as
supplemented by the notice of delinquency and any notice
provided pursuant to paragraph (6) of subsection (I),
beginning no later than the next payment of income which is
payable to the obligor that occurs 14 days following the date
the order and any notice were mailed by certified mail or
placed for personal delivery. 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 obligee or
public office within 10 calendar days of the date income is
paid to the obligor in accordance with the order for
withholding and any subsequent notification received from the
public office redirecting payments. If the payor knowingly
fails to pay any amount withheld to the obligee or public
office within 10 calendar days of the date income is paid to
the obligor, the payor shall pay a penalty of $100 for each
day that the withheld amount is not paid to the obligee or
public office after the period of 10 calendar days has
expired. The failure of a payor, on more than one occasion,
to pay amounts withheld to the obligee or public office
within 10 calendar days of the date income is paid to the
obligor creates a presumption that the payor knowingly failed
to pay the amounts. This penalty may be collected in a civil
action which may be brought against the payor in favor of the
obligee. For purposes of this Section, 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 obligee or public
office, at the time of transmittal, with the date income was
paid from which support was withheld.
Upon receipt of an order 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 court order. 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 or the actual check
processing cost to be taken from the income to be paid to the
obligor.
(2) Whenever the obligor is no longer receiving income
from the payor, the payor shall return a copy of the order
for withholding to the obligee or public office and shall
provide information for the purpose of enforcing this
Section.
(3) Withholding of income under this Section 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 Section shall
not be in excess of the maximum amounts permitted under the
federal Consumer Credit Protection Act. If the payor has been
served with more than one order for withholding pertaining to
the same obligor, the payor shall allocate income available
for withholding on a proportionate share basis, giving
priority to current support payments. If there is any income
available for withholding after withholding for all current
support obligations, the payor shall allocate the income to
past due support payments ordered in non-AFDC matters and
then to past due support payments ordered in AFDC matters,
both on a proportionate share basis. Payment as required by
the order for withholding shall be a complete defense by the
payor against any claims of the obligor or his creditors as
to the sum so paid.
(4) No payor shall discharge, discipline, refuse to hire
or otherwise penalize any obligor because of the duty to
withhold income.
(H) Petitions to Stay Service or to Modify, Suspend or
Terminate Orders for Withholding.
(1) When an obligor files a petition to stay service,
the court, after due notice to all parties, shall hear the
matter as soon as practicable and shall enter an order
granting or denying relief, amending the notice of
delinquency, amending the order for withholding, where
applicable, or otherwise resolving the matter. If the court
finds that a delinquency existed when the notice of
delinquency was served upon the obligor, in an amount of at
least one month's support obligation, or that the obligor was
at least 30 days late in paying all or part of the order for
support, the court shall order immediate service of the order
for withholding. Where the court cannot promptly resolve any
dispute over the amount of the delinquency, the court may
order immediate service of the order for withholding as to
any undisputed amounts specified in an amended notice of
delinquency, and may continue the hearing on the disputed
amounts.
(2) At any time, an obligor, obligee, public office or
Clerk of the Circuit Court may petition the court to:
(a) Modify, suspend or terminate the order for
withholding because of a modification, suspension or
termination of the underlying order for support; or
(b) Modify the amount of income to be withheld to
reflect payment in full or in part of the delinquency or
arrearage by income withholding or otherwise; or
(c) Suspend the order for withholding because of
inability to deliver income withheld to the obligee due
to the obligee's failure to provide a mailing address or
other means of delivery.
(3) The obligor, obligee or public office shall serve on
the payor, by certified mail or personal delivery, a copy of
any order entered pursuant to this subsection that affects
the duties of the payor.
(4) At any time, a public office or Clerk of the Circuit
Court may serve a notice on the payor to:
(a) cease withholding of income for payment of
current support for a child when the support obligation
for that child has automatically ceased under the order
for support through emancipation or otherwise; or
(b) cease withholding of income for payment of
delinquency or arrearage when the delinquency or
arrearage has been paid in full.
(5) The notice provided for under paragraph (4) of this
subsection shall be served on the payor by ordinary mail, and
a copy shall be provided to the obligor and the obligee. A
copy of the notice shall be filed with the Clerk of the
Circuit Court.
(6) The order for withholding shall continue to be
binding upon the payor until service of any order of the
court or notice entered or provided for under this
subsection.
(I) Additional Duties.
(1) An obligee who is receiving income withholding
payments under this Section shall notify the payor, if the
obligee receives the payments directly from the payor, or the
public office or the Clerk of the Circuit Court, as
appropriate, of any change of address within 7 days of such
change.
(2) An obligee who is a recipient of public aid shall
send a copy of any notice of delinquency filed pursuant to
subsection (C) to the Bureau of Child Support of the Illinois
Department of Public Aid.
(3) Each obligor shall notify the obligee and the Clerk
of the Circuit Court of any change of address within 7 days.
(4) An obligor whose income is being withheld or who has
been served with a notice of delinquency pursuant to this
Section shall notify the obligee and the Clerk of the Circuit
Court of any new payor, within 7 days.
(5) When the Illinois Department of Public Aid is no
longer authorized to receive payments for the obligee, it
shall, within 7 days, notify the payor or, where appropriate,
the Clerk of the Circuit Court, to redirect income
withholding payments to the obligee.
(6) The obligee or public office shall provide notice to
the payor and Clerk of the Circuit Court of any other support
payment made, including but not limited to, a set-off under
federal and State law or partial payment of the delinquency
or arrearage, or both.
(7) Any public office and Clerk of the Circuit Court
which collects, disburses or receives payments pursuant to
orders for withholding shall maintain complete, accurate, and
clear records of all payments and their disbursements.
Certified copies of payment records maintained by a public
office or Clerk of the Circuit Court shall, without further
proof, be admitted into evidence in any legal proceedings
under this Section.
(8) The Illinois Department of Public Aid shall design
suggested legal forms for proceeding under this Section and
shall make available to the courts such forms and
informational materials which describe the procedures and
remedies set forth herein for distribution to all parties in
support actions.
(9) At the time of transmitting each support payment,
the clerk of the circuit court shall provide the obligee or
public office, as appropriate, with any information furnished
by the payor as to the date income was paid from which such
support was withheld.
(J) Penalties.
(1) Where a payor wilfully fails to withhold or pay over
income pursuant to a properly served, specially certified
order for withholding and any notice of delinquency, or
wilfully discharges, disciplines, refuses to hire or
otherwise penalizes an obligor as prohibited by subsection
(G), or otherwise fails to comply with any duties imposed by
this Section, 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:
(a) Shall enter judgment and direct the enforcement
thereof for the total amount that the payor wilfully
failed to withhold or pay over; and
(b) 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.
(2) Any obligee, public office or obligor who wilfully
initiates a false proceeding under this Section or who
wilfully fails to comply with the requirements of this
Section shall be punished as in cases of contempt of court.
(K) Alternative Procedures for Entry and Service of an Order
for Withholding.
(1) Effective January 1, 1987, in any matter in which an
order for withholding has not been entered for any reason,
based upon the last order for support that has been entered,
and in which the obligor has become delinquent in payment of
an amount equal to at least one month's support obligation
pursuant to the last order for support or is at least 30 days
late in complying with all or part of the order for support,
the obligee or public office may prepare and serve an order
for withholding pursuant to the procedures set forth in this
subsection.
(2) The obligee or public office shall:
(a) Prepare a proposed order for withholding for
immediate service as provided by paragraphs (1) and (3)
of subsection (B), except that the minimum 20%
delinquency payment shall be used;
(b) Prepare a notice of delinquency as provided by
paragraphs (1) and (2) of subsection (C), except the
notice shall state further that the order for withholding
has not been entered by the court and the conditions
under which the order will be entered; and
(c) Serve the notice of delinquency and form
petition to stay service as provided by paragraph (3) of
subsection (C), together with the proposed order for
withholding, which shall be marked "COPY ONLY".
(3) After 20 days following service of the notice of
delinquency and proposed order for withholding, in lieu of
the provisions of subsection (E), the obligee or public
office shall file with the Clerk of the Circuit Court an
affidavit, with a copy of the notice of delinquency and
proposed order for withholding attached thereto, stating
that:
(a) The notice of delinquency and proposed order
for withholding have been served upon the obligor and the
date on which service was effected;
(b) The obligor has not filed a petition to stay
service within 20 days of service of such notice and
order; and
(c) The proposed order for withholding accurately
states the terms and amounts contained in the last order
for support.
(4) Upon the court's satisfaction that the procedures
set forth in this subsection have been met, it shall enter
the order for withholding.
(5) The Clerk shall then provide to the obligee or
public office a specially certified copy of the order for
withholding and the notice of delinquency indicating that the
preconditions for service have been met.
(6) The obligee or public office shall serve the
specially certified copies of the order for withholding and
the notice of delinquency on the payor, its superintendent,
manager or other agent by certified mail or personal
delivery. A proof of service shall be filed with the Clerk
of the Circuit Court.
(7) If the obligor requests in writing that income
withholding become effective prior to becoming delinquent in
payment of an amount equal to one month's support obligation
pursuant to the last order for support, or prior to becoming
30 days late in paying all or part of the order for support,
the obligee or public office shall file an affidavit with the
Clerk of the circuit Court, with a proposed order for
withholding attached, stating that the proposed order
accurately states the terms and amounts contained in the last
order for support and the obligor's request for immediate
service. The provisions of paragraphs (4) through (6) of this
subsection shall apply, except that a notice of delinquency
shall not be required.
(8) All other provisions of this Section shall be
applicable with respect to the provisions of this subsection
(K), except that under paragraph (1) of subsection (H), the
court may also amend the proposed order for withholding to
conform to the last order for support.
(9) Nothing in this subsection shall be construed as
limiting the requirements of paragraph (1) of subsection (B)
with respect to the entry of a separate order for withholding
upon entry of any order for support.
(L) Remedies in Addition to Other Laws.
(1) The rights, remedies, duties and penalties created
by this Section are in addition to and not in substitution
for any other rights, remedies, duties and penalties created
by any other law.
(2) Nothing in this Section shall be construed as
invalidating any assignment of wages or benefits executed
prior to January 1, 1984.
(Source: P.A. 87-529; 87-935; 87-988; 87-1105; 88-26; 88-45;
88-94; 88-131; 88-307; 88-670, eff. 12-2-94.)
(Text of Section after amendment by P.A. 89-507)
Sec. 4.1. Withholding of Income to Secure Payment of
Support.
(A) Definitions.
(1) "Order for support" means any order of the court
which provides for periodic payment of funds for the support
of a child or maintenance of a spouse, whether temporary or
final, and includes any such order which provides for:
(a) Modification or resumption of, or payment of
arrearage accrued under, a previously existing order;
(b) Reimbursement of support; or
(c) Enrollment in a health insurance plan that is
available to the obligor through an employer or labor
union or trade union.
(2) "Arrearage" means the total amount of unpaid support
obligations as determined by the court and incorporated into
an order for support.
(3) "Delinquency" means any payment under an order for
support which becomes due and remains unpaid after entry of
the an order for support withholding has been entered under
subsection (B) or, for purposes of subsection (K), after the
last order for support was entered for which no order for
withholding was entered.
(4) "Income" means any form of periodic payment to an
individual, regardless of source, including, but not limited
to: wages, salary, commission, compensation as an independent
contractor, workers' compensation, disability, annuity,
pension, and retirement benefits, lottery prize awards,
insurance proceeds, vacation pay, bonuses, profit-sharing
payments, interest, and any other payments, made by any
person, private entity, federal or state government, any unit
of local government, school district or any entity created by
Public Act; however, "income" excludes:
(a) Any amounts required by law to be withheld,
other than creditor claims, including, but not limited
to, federal, State and local taxes, Social Security and
other retirement and disability contributions;
(b) Union dues;
(c) Any amounts exempted by the federal Consumer
Credit Protection Act;
(d) Public assistance payments; and
(e) Unemployment insurance benefits except as
provided by law.
Any other State or local laws which limit or exempt
income or the amount or percentage of income that can be
withheld shall not apply.
(5) "Obligor" means the individual who owes a duty to
make payments under an order for support.
(6) "Obligee" means the individual to whom a duty of
support is owed or the individual's legal representative.
(7) "Payor" means any payor of income to an obligor.
(8) "Public office" means any elected official or any
State or local agency which is or may become responsible by
law for enforcement of, or which is or may become authorized
to enforce, an order for support, including, but not limited
to: the Attorney General, the Illinois Department of Public
Aid, the Illinois Department of Human Services, the Illinois
Department of Children and Family Services, and the various
State's Attorneys, Clerks of the Circuit Court and
supervisors of general assistance.
(9) "Premium" means the dollar amount for which the
obligor is liable to his employer or labor union or trade
union and which must be paid to enroll or maintain a child in
a health insurance plan that is available to the obligor
through an employer or labor union or trade union.
(B) Entry of Order for Support Containing Income Withholding
Provisions; Income Withholding Notice.
(1) In addition to any content required under other
laws, every order for support entered on or after July 1,
1997, shall:
(a) 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
(b) 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
(c) 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.
(2) 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.
(3) The income withholding notice shall:
(a) Be in the standard format prescribed by the
federal Department of Health and Human Services; and
(b) Direct any payor to withhold the dollar amount
required for current support under the order for support;
and
(c) 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
(d) 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
(e) State the amount of the payor income
withholding fee specified under this Section; and
(f) 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
(g) 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
(h) State the rights, remedies, and duties of the
obligor under this Section; and
(i) Include the obligor's Social Security Number;
and
(j) 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.
(4) The accrual of a delinquency as a condition for
service of an income withholding notice, under the exception
to immediate withholding in paragraph (1) of this subsection,
shall apply only to the initial service of an income
withholding notice on a payor of the obligor.
(5) Notwithstanding the exception to immediate
withholding contained in paragraph (1) of this subsection, 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.
(6) If the order for support, under the exception to
immediate withholding contained in paragraph (1) of this
subsection, 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.
(7) 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. Proofs of
service on the payor and the obligor shall be filed with the
Clerk of the Circuit Court.
(8) At any time after the initial service of an income
withholding notice under this Section, any other payor of the
obligor may be served with the same income withholding notice
without further notice to the obligor.
(C) Income Withholding After Accrual of Delinquency.
(1) Whenever an obligor accrues a delinquency, the
obligee or public office may prepare and serve upon the
obligor's payor an income withholding notice that:
(a) Contains the information required under
paragraph (3) of subsection (B); and
(b) Contains a computation of the period and total
amount of the delinquency as of the date of the notice;
and
(c) Directs the payor to withhold the dollar amount
required to be withheld periodically under the order for
support for payment of the delinquency.
(2) The income withholding notice and the obligor's copy
of the income withholding notice shall be served as provided
in paragraph (7) of subsection (B).
(3) The obligor may contest withholding commenced under
this subsection by filing a petition to contest withholding
with the Clerk of the Circuit Court within 20 days after
service of a copy of the income withholding notice on the
obligor. However, the grounds for the petition to contest
withholding shall be limited to:
(a) A dispute concerning the existence or amount of
the delinquency; or
(b) The identity of the obligor.
The Clerk of the Circuit Court shall notify the obligor
and the obligee or public office of the time and place of the
hearing on the petition to contest withholding. The court
shall hold the hearing pursuant to the provisions of
subsection (F).
(D) Initiated Withholding.
(1) Notwithstanding any other provision of this Section,
if the court has not required that income withholding take
effect immediately, the obligee or public office may initiate
withholding, regardless of whether a delinquency has accrued,
by preparing and serving an income withholding notice on the
payor that contains the information required under paragraph
(3) of subsection (B) and states that the parties' written
agreement providing an alternative arrangement to immediate
withholding under paragraph (1) of subsection (B) no longer
ensures payment of support and the reason or reasons why it
does not.
(2) The income withholding notice and the obligor's copy
of the income withholding notice shall be served as provided
in paragraph (7) of subsection (B).
(3) The obligor may contest withholding commenced under
this subsection by filing a petition to contest withholding
with the Clerk of the Circuit Court within 20 days after
service of a copy of the income withholding notice on the
obligor. However, the grounds for the petition shall be
limited to a dispute concerning:
(a) whether the parties' written agreement providing
an alternative arrangement to immediate withholding under
paragraph (1) of subsection (B) continues to ensure
payment of support; or
(b) the identity of the obligor.
It shall not be grounds for filing a petition that the
obligor has made all payments due by the date of the
petition.
(4) If the obligor files a petition contesting
withholding within the 20-day period required under paragraph
(3), the Clerk of the Circuit Court shall notify the obligor
and the obligee or public office, as appropriate, of the time
and place of the hearing on the petition. The court shall
hold the hearing pursuant to the provisions of subsection
(F).
(B) Entry of an Order for Withholding.
(1) Upon entry of any order for support on or after
January 1, 1984, the court shall enter a separate order for
withholding which shall not take effect unless the obligor
becomes delinquent in paying the order for support or the
obligor requests an earlier effective date; except that the
court may require the order for withholding to take effect
immediately.
On or after January 1, 1989, the court shall require the
order for withholding to take effect immediately, 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 insures
payment of support. In that case, the court shall enter the
order for withholding which will not take effect unless the
obligor becomes delinquent in paying the order for support.
Upon entry of any order of support on or after September
11, 1989, if the obligor is not a United States citizen, the
obligor shall provide to the court the obligor's alien
registration number, passport number, and home country's
social security or national health number, if applicable; the
court shall make the information part of the record in the
case.
(2) An order for withholding shall be entered upon
petition by the obligee or public office where an order for
withholding has not been previously entered.
(3) The order for withholding shall:
(a) Direct any payor to withhold a dollar amount
equal to the order for support; and
(b) Direct any payor to withhold an additional
dollar amount, not less than 20% of the order for
support, until payment in full of any delinquency stated
in the notice of delinquency provided for in subsection
(C) or (F) of this Section; and
(c) 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
(d) State the rights, remedies and duties of the
obligor under this Section; and
(e) Include the obligor's Social Security Number,
which the obligor shall disclose to the court; and
(f) 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.
(4) At the time the order for withholding is entered,
the Clerk of the Circuit Court shall provide a copy of the
order for withholding and the order for support to the
obligor and shall make copies available to the obligee and
public office. Any copy of the order for withholding
furnished to the parties under this subsection shall be
stamped "Not Valid".
(5) The order for withholding shall remain in effect for
as long as the order for support upon which it is based.
(6) The failure of an order for withholding to state an
arrearage is not conclusive of the issue of whether an
arrearage is owing.
(7) Notwithstanding the provisions of this subsection,
if the court finds at the time of any hearing that an
arrearage has accrued in an amount equal to at least one
month's support obligation or that the obligor is 30 days
late in paying all or part of the order for support, the
court shall order immediate service of the order for
withholding upon the payor.
(8) Where the court has not required that the order for
withholding take effect immediately, the obligee or public
office may prepare and serve a notice for immediate
withholding upon the obligor by ordinary mail addressed to
the obligor at his or her last known address. The notice
shall state that the following circumstances have occurred:
(a) The parties' written agreement providing an
alternative arrangement to immediate withholding under
paragraph (1) of this subsection no longer provides for
timely payment of all support due; or
(b) The obligor has not made timely payments in
that the obligor has been at least 7 days late in paying
all or part of the order for support any of the last 6
consecutive dates payments were due prior to the date of
the notice for immediate withholding.
The notice for immediate withholding shall clearly state
that a specially certified copy of the order for withholding
will be sent to the payor, unless the obligor files a
petition contesting immediate withholding within 20 days
after service of the notice; however, the grounds for the
petition shall be limited to a dispute concerning whether the
circumstances stated in the notice have occurred or the
identity of the obligor. It shall not be grounds for the
petition that the obligor has made all payments due by the
date of the petition.
If the obligor files a petition contesting immediate
withholding within the 20-day period required under this
paragraph, the Clerk of the Circuit Court shall notify the
obligor and the obligee or public office, as appropriate, of
the time and place of the hearing on the petition. Upon
hearing the petition, the court shall enter an order granting
or denying relief. It shall not be grounds for granting the
obligor's petition that he or she has made all payments due
by the date of hearing. If the court denies the obligor's
petition, it shall order immediate service of the order for
withholding, and direct the clerk to provide a specially
certified copy of the order for withholding to the obligee or
public office indicating that the requirements for immediate
withholding under this paragraph have been met.
If the obligor does not file a petition contesting
immediate withholding within the 20-day period, the obligee
or public office shall file with the Clerk of the Circuit
Court an affidavit, with a copy of the notice for immediate
withholding attached thereto, stating that the notice was
duly served and the date on which service was effected, and
that the obligor has not filed a petition contesting
immediate withholding. The clerk shall then provide to the
obligee or public office a specially certified copy of the
order for withholding indicating that the requirements for
immediate withholding under this paragraph have been met.
Upon receipt of a specially certified copy of the order
for withholding, the obligee or public office may serve the
order on the payor, its superintendent, manager or other
agent, by certified mail or personal delivery. A proof of
service shall be filed with the Clerk of the Circuit Court.
(C) Notice of Delinquency.
(1) Whenever an obligor becomes delinquent in payment of
an amount equal to at least one month's support obligation
pursuant to the order for support or is at least 30 days late
in complying with all or part of the order for support,
whichever occurs first, the obligee or public office may
prepare and serve a verified notice of delinquency, together
with a form petition to stay service, pursuant to paragraph
(3) of this subsection.
(2) The notice of delinquency shall recite the terms of
the order for support and contain a computation of the period
and total amount of the delinquency, as of the date of the
notice. The notice shall clearly state that it will be sent
to the payor, together with a specially certified copy of the
order for withholding, except as provided in subsection (F),
unless the obligor files a petition to stay service in
accordance with paragraph (1) of subsection (D).
(3) The notice of delinquency shall be served by
ordinary mail addressed to the obligor at his or her last
known address.
(4) The obligor may execute a written waiver of the
provisions of paragraphs (1) through (3) of this subsection
and request immediate service upon the payor.
(D) Procedures to Avoid Income Withholding.
(1) Except as provided in subsection (F), the obligor
may prevent an order for withholding from being served by
filing a petition to stay service with the Clerk of the
Circuit Court, within 20 days after service of the notice of
delinquency; however, the grounds for the petition to stay
service shall be limited to:
(a) A dispute concerning the amount of current
support or the existence or amount of the delinquency;
(b) The identity of the obligor.
The Clerk of the Circuit Court shall notify the obligor
and the obligee or public office, as appropriate, of the time
and place of the hearing on the petition to stay service. The
court shall hold such hearing pursuant to the provisions of
subsection (H).
(2) Except as provided in subsection (F), filing of a
petition to stay service, within the 20-day period required
under this subsection, shall prohibit the obligee or public
office from serving the order for withholding on any payor of
the obligor.
(E) Initial Service of Order for Withholding.
(1) Except as provided in subsection (F), in order to
serve an order for withholding upon a payor, an obligee or
public office shall follow the procedures set forth in this
subsection. After 20 days following service of the notice of
delinquency, the obligee or public office shall file with the
Clerk of the Circuit Court an affidavit, with the copy of the
notice of delinquency attached thereto, stating:
(a) that the notice of delinquency has been duly
served and the date on which service was effected; and
(b) that the obligor has not filed a petition to
stay service, or in the alternative
(c) that the obligor has waived the provisions of
subparagraphs (a) and (b) of this paragraph (1) in
accordance with subsection (C)(4).
(2) Upon request of the obligee or public office, the
Clerk of the Circuit Court shall: (a) make available any
record of payment; and (b) determine that the file contains a
copy of the affidavit described in paragraph (1). The Clerk
shall then provide to the obligee or public office a
specially certified copy of the order for withholding and the
notice of delinquency indicating that the preconditions for
service have been met.
(3) The obligee or public office may then serve the
notice of delinquency and order for withholding on the payor,
its superintendent, manager or other agent, by certified mail
or personal delivery. A proof of service shall be filed with
the Clerk of the Circuit Court.
(F) Subsequent Service of Order for Withholding.
(1) Notwithstanding the provisions of this Section, at
any time after the court has ordered immediate service of an
order for withholding or after initial service of an order
for withholding pursuant to subsection (E), the obligee or
public office may serve the order for withholding upon any
payor of the obligor without further notice to the obligor.
The obligee or public office shall provide notice to the
payor, pursuant to paragraph (6) of subsection (I), of any
payments that have been made through previous withholding or
any other method.
(2) The Clerk of the Circuit Court shall, upon request,
provide the obligee or public office with specially certified
copies of the order for withholding or the notice of
delinquency or both whenever the Court has ordered immediate
service of an order for withholding or an affidavit has been
placed in the court file indicating that the preconditions
for service have been previously met. The obligee or public
office may then serve the order for withholding on the payor,
its superintendent, manager or other agent by certified mail
or personal delivery. A proof of service shall be filed with
the Clerk of the Circuit Court.
(3) If a delinquency has accrued for any reason, the
obligee or public office may serve a notice of delinquency
upon the obligor pursuant to subsection (C). The obligor may
prevent the notice of delinquency from being served upon the
payor by utilizing the procedures set forth in subsection
(D).
If no petition to stay service has been filed within the
required 20 day time period, the obligee or public office may
serve the notice of delinquency on the payor by utilizing the
procedures for service set forth in subsection (E).
(E) (G) Duties of Payor.
(1) It shall be the duty of any payor who has been
served with an income withholding a copy of the specially
certified order for withholding and any notice of delinquency
to deduct and pay over income as provided in this subsection.
The payor shall deduct the amount designated in the income
order for withholding notice, as supplemented by the notice
of delinquency and any notice provided pursuant to paragraph
(6) of subsection (G) (I), 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 order and any notice was were mailed, sent by
facsimile or other electronic means, by certified mail 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 obligee or public office 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 10 calendar days of
the date income is paid to the obligor in accordance with the
order for withholding and any subsequent notification
received from the public office redirecting payments. If the
payor knowingly fails to pay any amount withheld to the
obligee or public office within 7 business days after the
date the amount would have been 10 calendar days of the date
income is paid or credited to the obligor, the payor shall
pay a penalty of $100 for each day that the withheld amount
is not paid to the obligee or public office after the period
of 7 business 10 calendar days has expired. The failure of a
payor, on more than one occasion, to pay amounts withheld to
the obligee or public office within 7 business days after the
date the amount would have been 10 calendar days of the date
income is 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. For purposes of this Section, 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
obligee or public office, 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 income was
paid from which support was withheld.
Upon receipt of an income withholding notice order
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 court order. 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 or the actual check
processing cost to be taken from the income to be paid to the
obligor.
(2) Whenever the obligor is no longer receiving income
from the payor, the payor shall return a copy of the income
order for withholding notice to the obligee or public office
and shall provide information for the purpose of enforcing
this Section.
(3) Withholding of income under this Section 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 Section shall
not be in excess of the maximum amounts permitted under the
federal Consumer Credit Protection Act. If the payor has been
served with more than one income order for 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. If there
is any income available for withholding after withholding for
all current support obligations, the payor shall allocate the
income to past due support payments ordered in cases in which
cash assistance under the Illinois Public Aid Code is not
being provided to the obligee non-AFDC matters and then to
past due support payments ordered in cases in which cash
assistance under the Illinois Public Aid Code is being
provided to the obligee AFDC matters, both on a proportionate
share basis. 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. Payment as required by the order for withholding
shall be a complete defense by the payor against any claims
of the obligor or his creditors as to the sum so paid.
(4) No payor shall discharge, discipline, refuse to hire
or otherwise penalize any obligor because of the duty to
withhold income.
(F) (H) Petitions to Contest Withholding Stay Service or to
Modify, Suspend, or Terminate, or Correct Income Orders for
Withholding Notices.
(1) When an obligor files a petition to contest
withholding stay service, the court, after due notice to all
parties, shall hear the matter as soon as practicable and
shall enter an order granting or denying relief, ordering
service of an amended income withholding notice amending the
notice of delinquency, amending the order for withholding,
where applicable, or otherwise resolving the matter.
The court shall deny the obligor's petition if the court
finds that when the income withholding notice was mailed,
sent by facsimile transmission or other electronic means, or
placed for personal delivery to or service on the payor:
(a) A delinquency existed; or
(b) The parties' written agreement providing an
alternative arrangement to immediate withholding under
paragraph (1) of subsection (B) no longer ensured payment
of support. If the court finds that a delinquency existed
when the notice of delinquency was served upon the
obligor, in an amount of at least one month's support
obligation, or that the obligor was at least 30 days late
in paying all or part of the order for support, the court
shall order immediate service of the order for
withholding. Where the court cannot promptly resolve any
dispute over the amount of the delinquency, the court may
order immediate service of the order for withholding as
to any undisputed amounts specified in an amended notice
of delinquency, and may continue the hearing on the
disputed amounts.
(2) At any time, an obligor, obligee, public office or
Clerk of the Circuit Court may petition the court to:
(a) Modify, suspend or terminate the income order
for withholding notice because of a modification,
suspension or termination of the underlying order for
support; or
(b) Modify the amount of income to be withheld to
reflect payment in full or in part of the delinquency or
arrearage by income withholding or otherwise; or
(c) Suspend the income order for withholding notice
because of inability to deliver income withheld to the
obligee due to the obligee's failure to provide a mailing
address or other means of delivery.
(3) At any time an obligor may petition the court to
correct a term contained in an income withholding notice to
conform to that stated in the underlying order for support
for:
(a) The amount of current support;
(b) The amount of the arrearage;
(c) The periodic amount for payment of the
arrearage; or
(d) The periodic amount for payment of the
delinquency.
(4) (3) The obligor, obligee or public office shall
serve on the payor, in the manner provided for service of
income withholding notices in paragraph (7) of subsection (B)
by certified mail or personal delivery, a copy of any order
entered pursuant to this subsection that affects the duties
of the payor.
(5) (4) At any time, a public office or Clerk of the
Circuit Court may serve a notice on the payor to:
(a) Cease withholding of income for payment of
current support for a child when the support obligation
for that child has automatically ceased under the order
for support through emancipation or otherwise; or
(b) Cease withholding of income for payment of
delinquency or arrearage when the delinquency or
arrearage has been paid in full.
(6) (5) The notice provided for under paragraph (5) (4)
of this subsection shall be served on the payor in the manner
provided for service of income withholding notices in
paragraph (7) of subsection (B) by ordinary mail, and a copy
shall be provided to the obligor and the obligee. A copy of
the notice shall be filed with the Clerk of the Circuit
Court.
(7) (6) The income order for withholding notice shall
continue to be binding upon the payor until service of an
amended income withholding notice or any order of the court
or notice entered or provided for under this subsection.
(G) (I) Additional Duties.
(1) An obligee who is receiving income withholding
payments under this Section shall notify the payor, if the
obligee receives the payments directly from the payor, or the
public office or the Clerk of the Circuit Court, as
appropriate, of any change of address within 7 days of such
change.
(2) An obligee who is a recipient of public aid shall
send a copy of any income withholding notice served by the
obligee of delinquency filed pursuant to subsection (C) to
the Division Bureau of Child Support Enforcement of the
Illinois Department of Public Aid.
(3) Each obligor shall notify the obligee, the public
office, and the Clerk of the Circuit Court of any change of
address within 7 days.
(4) An obligor whose income is being withheld or who has
been served with a notice of delinquency pursuant to this
Section shall notify the obligee, the public office, and the
Clerk of the Circuit Court of any new payor, within 7 days.
(5) When the Illinois Department of Public Aid is no
longer authorized to receive payments for the obligee, it
shall, within 7 days, notify the payor or, where appropriate,
the Clerk of the Circuit Court, to redirect income
withholding payments to the obligee.
(6) The obligee or public office shall provide notice to
the payor and Clerk of the Circuit Court of any other support
payment made, including but not limited to, a set-off under
federal and State law or partial payment of the delinquency
or arrearage, or both.
(7) Any public office and Clerk of the Circuit Court
which collects, disburses or receives payments pursuant to
income orders for withholding notices shall maintain
complete, accurate, and clear records of all payments and
their disbursements. Certified copies of payment records
maintained by a public office or Clerk of the Circuit Court
shall, without further proof, be admitted into evidence in
any legal proceedings under this Section.
(8) The Illinois Department of Public Aid shall design
suggested legal forms for proceeding under this Section and
shall make available to the courts such forms and
informational materials which describe the procedures and
remedies set forth herein for distribution to all parties in
support actions.
(9) At the time of transmitting each support payment,
the clerk of the circuit court shall provide the obligee or
public office, as appropriate, with any information furnished
by the payor as to the date the amount would (but for the
duty to withhold income) have been paid or credited to the
obligor income was paid from which such support was
withheld.
(H) (J) Penalties.
(1) Where a payor wilfully fails to withhold or pay over
income pursuant to a properly served income withholding
notice, specially certified order for withholding and any
notice of delinquency, or wilfully discharges, disciplines,
refuses to hire or otherwise penalizes an obligor as
prohibited by subsection (E) (G), or otherwise fails to
comply with any duties imposed by this Section, 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:
(a) Shall enter judgment and direct the enforcement
thereof for the total amount that the payor wilfully
failed to withhold or pay over; and
(b) 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.
(2) Any obligee, public office or obligor who wilfully
initiates a false proceeding under this Section or who
wilfully fails to comply with the requirements of this
Section shall be punished as in cases of contempt of court.
(I) Alternative Procedures for Service of an Income
Withholding Notice.
(1) The procedures of this subsection may be used in any
matter to serve an income withholding notice on a payor if:
(a) For any reason the most recent order for
support entered does not contain the income withholding
provisions required under subsection (B), irrespective of
whether a separate order for withholding was entered
prior to July 1, 1997; and
(b) The obligor has accrued a delinquency after
entry of the most recent order for support.
(2) The obligee or public office shall prepare and serve
the income withholding notice in accordance with the
provisions of subsection (C), except that the notice shall
contain a periodic amount for payment of the delinquency
equal to 20% of the total of the current support amount and
the amount to be paid periodically for payment of any
arrearage stated in the most recent order for support.
(3) If the obligor requests in writing that income
withholding become effective prior to the obligor accruing a
delinquency under the most recent order for support, the
obligee or public office may prepare and serve an income
withholding notice on the payor as provided in subsection
(B). In addition to filing proofs of service of the income
withholding notice on the payor and the obligor, the obligee
or public office shall file a copy of the obligor's written
request for income withholding with the Clerk of the Circuit
Court.
(4) All other provisions of this Section shall be
applicable with respect to the provisions of this subsection
(I).
(K) Alternative Procedures for Entry and Service of an Order
for Withholding.
(1) Effective January 1, 1987, in any matter in which an
order for withholding has not been entered for any reason,
based upon the last order for support that has been entered,
and in which the obligor has become delinquent in payment of
an amount equal to at least one month's support obligation
pursuant to the last order for support or is at least 30 days
late in complying with all or part of the order for support,
the obligee or public office may prepare and serve an order
for withholding pursuant to the procedures set forth in this
subsection.
(2) The obligee or public office shall:
(a) Prepare a proposed order for withholding for
immediate service as provided by paragraphs (1) and (3)
of subsection (B), except that the minimum 20%
delinquency payment shall be used;
(b) Prepare a notice of delinquency as provided by
paragraphs (1) and (2) of subsection (C), except the
notice shall state further that the order for withholding
has not been entered by the court and the conditions
under which the order will be entered; and
(c) Serve the notice of delinquency and form
petition to stay service as provided by paragraph (3) of
subsection (C), together with the proposed order for
withholding, which shall be marked "COPY ONLY".
(3) After 20 days following service of the notice of
delinquency and proposed order for withholding, in lieu of
the provisions of subsection (E), the obligee or public
office shall file with the Clerk of the Circuit Court an
affidavit, with a copy of the notice of delinquency and
proposed order for withholding attached thereto, stating
that:
(a) The notice of delinquency and proposed order
for withholding have been served upon the obligor and the
date on which service was effected;
(b) The obligor has not filed a petition to stay
service within 20 days of service of such notice and
order; and
(c) The proposed order for withholding accurately
states the terms and amounts contained in the last order
for support.
(4) Upon the court's satisfaction that the procedures
set forth in this subsection have been met, it shall enter
the order for withholding.
(5) The Clerk shall then provide to the obligee or
public office a specially certified copy of the order for
withholding and the notice of delinquency indicating that the
preconditions for service have been met.
(6) The obligee or public office shall serve the
specially certified copies of the order for withholding and
the notice of delinquency on the payor, its superintendent,
manager or other agent by certified mail or personal
delivery. A proof of service shall be filed with the Clerk
of the Circuit Court.
(7) If the obligor requests in writing that income
withholding become effective prior to becoming delinquent in
payment of an amount equal to one month's support obligation
pursuant to the last order for support, or prior to becoming
30 days late in paying all or part of the order for support,
the obligee or public office shall file an affidavit with the
Clerk of the circuit Court, with a proposed order for
withholding attached, stating that the proposed order
accurately states the terms and amounts contained in the last
order for support and the obligor's request for immediate
service. The provisions of paragraphs (4) through (6) of this
subsection shall apply, except that a notice of delinquency
shall not be required.
(8) All other provisions of this Section shall be
applicable with respect to the provisions of this subsection
(K), except that under paragraph (1) of subsection (H), the
court may also amend the proposed order for withholding to
conform to the last order for support.
(9) Nothing in this subsection shall be construed as
limiting the requirements of paragraph (1) of subsection (B)
with respect to the entry of a separate order for withholding
upon entry of any order for support.
(J) (L) Remedies in Addition to Other Laws.
(1) The rights, remedies, duties and penalties created
by this Section are in addition to and not in substitution
for any other rights, remedies, duties and penalties created
by any other law.
(2) Nothing in this Section shall be construed as
invalidating any assignment of wages or benefits executed
prior to January 1, 1984 or any order for withholding served
prior to July 1, 1997.
(Source: P.A. 88-26; 88-45; 88-94; 88-131; 88-307; 88-670,
eff. 12-2-94; 89-507, eff. 7-1-97.)
(750 ILCS 15/12) (from Ch. 40, par. 1115)
Sec. 12. (a) Whenever it is determined in a proceeding
to establish or enforce a child support or maintenance
obligation that the person owing a duty of support is
unemployed, the court may order the person to seek employment
and report periodically to the court with a diary, listing or
other memorandum of his or her efforts in accordance with
such order. Additionally, the court may order the unemployed
person to report to the Department of Employment Security for
job search services or to make application with the local
Jobs Training Partnership Act provider for participation in
job search, training or work programs and where the duty of
support is owed to a child receiving support services under
Article X of The Illinois Public Aid Code, as amended, the
court may order the unemployed person to report to the
Illinois Department of Public Aid for participation in job
search, training or work programs established under Section
9-6 and Article IXA of that Code.
(b) Whenever it is determined that a person owes
past-due support for a child and the parent with whom the
child is living, and the child is receiving assistance under
the Illinois Public Aid Code, the court shall order the
following at the request of the Illinois Department of Public
Aid:
(1) that the person pay the past-due support in
accordance with a plan approved by the court; or
(2) if the person owing past-due support is
unemployed, is subject to such a plan, and is not
incapacitated, that the person participate in such job
search, training, or work programs established under
Section 9-6 and Article IXA of the Illinois Public Aid
Code as the court deems appropriate.
(Source: P.A. 85-1155.)
Section 110. The Revised Uniform Reciprocal Enforcement
of Support Act is amended by changing Sections 24, 24.1, and
26.1 and adding Section 29C as follows:
(750 ILCS 20/24) (from Ch. 40, par. 1224)
Sec. 24. Order of Support. If the responding court finds
a duty of support it may order the obligor to furnish support
or reimbursement therefor and subject the property of the
obligor to the order.
Any new or existing support order entered by a court or
administrative body of this or any other State shall be
deemed to be a series of judgments against the person
obligated to pay support thereunder, each such judgment to be
in the amount of each payment or installment of support and
each such judgment to be deemed entered as of the date the
corresponding payment or installment becomes due under the
terms of the support order. Each such judgment shall:
(1) have the full force, effect, and attributes of
any other judgment of such State, including the ability
to be enforced;
(2) be entitled as a judgment to full faith and
credit in this and any other State; and
(3) not be subject to retroactive modification by
this or any other State; except that modification is
permitted with respect to any period during which there
is pending a petition for modification, but only from the
date that notice of such petition has been given in
accordance with law.
Where the terms of a support order entered by a court or
administrative body of this or any other State are subject to
modification, or where action is not based upon such order,
the Illinois court shall determine the amount of maintenance
or child support by using the guidelines and standards set
forth in Section 504, or in subsection (a) of Section 505 and
in Section 505.2 of the Illinois Marriage and Dissolution of
Marriage Act, respectively.
When no prior support order exists, but the court finds a
duty of support and enters an order for current support, the
court may enter an order for payment of support for a period
before the date the order for current support is entered.
Support for the prior period shall be determined by using the
guidelines and standards set forth in Section 504, or in
subsection (a) of Section 505, and in Section 505.2 of the
Illinois Marriage and Dissolution of Marriage Act. For
purposes of determining the amount of support to be paid for
the prior period, there is a rebuttable presumption that the
obligor's net income for that period was the same as his or
her net income at the time the order for current support is
entered.
Support orders made pursuant to this Act shall require
that payments be made to the clerk of the court of the
responding state. The court and prosecuting attorney of any
county in which the obligor is present or has property have
the same powers and duties to enforce the order as have those
of the county in which it was first issued. If enforcement is
impossible or cannot be completed in the county in which the
order was issued, the prosecuting attorney shall send a
certified copy of the order to the prosecuting attorney of
any county in which it appears that proceedings to enforce
the order would be effective. The prosecuting attorney to
whom the certified copy of the order is forwarded shall
proceed with enforcement and report the results of the
proceedings to the court first issuing the order.
A one-time charge of 20% is imposable upon the amount of
past-due child support owed on July 1, 1988 which has accrued
under a support order entered by the court. The charge shall
be imposed in accordance with the provisions of Section 10-21
of the Illinois Public Aid Code and shall be enforced by the
court upon petition.
A court or administrative body of this State may modify a
support order of another state only if that other state no
longer has continuing, exclusive jurisdiction of the
proceeding in which the support order was entered. The order
must be registered under Section 609 of the Uniform
Interstate Family Support Act and may be modified only if
permitted under Section 611 of the Uniform Interstate Family
Support Act.
All orders An order for support, when entered or
modified, in a case in which a party is receiving child and
spouse support services under Article X of the Illinois
Public Aid Code shall include a provision requiring the
non-custodial parent to notify the court and, in cases in
which a party is receiving child and spouse support services
under Article X of the Illinois Public Aid Code, the Illinois
Department of Public Aid, within 7 days, (i) of the name and
address of any new employer of the non-custodial parent, (ii)
whether the non-custodial parent has access to health
insurance coverage through the employer or other group
coverage, and, if so, the policy name and number and the
names of persons covered under the policy, and (iii) of any
new residential or mailing address or telephone number of the
non-custodial parent. In any subsequent action to enforce a
support order, upon a sufficient showing that a diligent
effort has been made to ascertain the location of the
non-custodial parent, service of process or provision of
notice necessary in the case may be made at the last known
address of the non-custodial parent in any manner expressly
provided by the Code of Civil Procedure or this Act, which
service shall be sufficient for purposes of due process.
An order for support shall include a date on which the
current support obligation terminates. The termination date
shall be no earlier than the date on which the child covered
by the order will attain the age of majority or is otherwise
emancipated. The order for support shall state that the
termination date does not apply to any arrearage that may
remain unpaid on that date. Nothing in this paragraph shall
be construed to prevent the court from modifying the order.
(Source: P.A. 88-307; 88-550 (eff. date changed from 1-1-95
to 1-1-96 on 1-24-95 by P.A. 88-691); 88-687, eff. 1-24-95.)
(750 ILCS 20/24.1) (from Ch. 40, par. 1224.1)
Sec. 24.1. (a) Whenever it is determined in a
proceeding to establish or enforce a child support or
maintenance obligation that the person owing a duty of
support is unemployed, the court may order the person to seek
employment and report periodically to the court with a diary,
listing or other memorandum of his or her efforts in
accordance with such order. Additionally, the court may order
the unemployed person to report to the Department of
Employment Security for job search services or to make
application with the local Jobs Training Partnership Act
provider for participation in job search, training or work
programs and where the duty of support is owed to a child
receiving support services under Article X of The Illinois
Public Aid Code, as amended, the court may order the
unemployed person to report to the Illinois Department of
Public Aid for participation in job search, training or work
programs established under Section 9-6 and Article IXA of
that Code.
(b) Whenever it is determined that a person owes
past-due support for a child, or for a child and the parent
with whom the child is living, and the child is receiving
assistance under the Illinois Public Aid Code or other
State's laws, the court shall order the following at the
request of the Illinois Department of Public Aid:
(1) that the person pay the past-due support in
accordance with a plan approved by the court; or
(2) if the person owing past-due support is
unemployed, is subject to such a plan, and is not
incapacitated, that the person participate in such job
search, training, or work programs established under
Section 9-6 and Article IXA of the Illinois Public Aid
Code as the court deems appropriate.
(Source: P.A. 85-1155.)
(750 ILCS 20/26.1) (from Ch. 40, par. 1226.1)
(Text of Section before amendment by P.A. 89-507)
Sec. 26.1. Withholding of Income to Secure Payment of
Support.
(A) Definitions.
(1) "Order for support" means any order of the court
which provides for periodic payment of funds for the support
of a child or maintenance of a spouse, whether temporary or
final, and includes any such order which provides for:
(a) modification or resumption of, or payment of
arrearage accrued under, a previously existing order;
(b) reimbursement of support; or
(c) enrollment in a health insurance plan that is
available to the obligor through an employer or labor
union or trade union.
(2) "Arrearage" means the total amount of unpaid support
obligations.
(3) "Delinquency" means any payment under an order for
support which becomes due and remains unpaid after an order
for withholding has been entered under subsection (B) or, for
purposes of subsection (K), after the last order for support
was entered for which no order for withholding was entered.
(4) "Income" means any form of periodic payment to an
individual, regardless of source, including, but not limited
to: wages, salary, commission, compensation as an independent
contractor, workers' compensation, disability, annuity and
retirement benefits, lottery prize awards, insurance
proceeds, vacation pay, bonuses, profit-sharing payments and
any other payments, made by any person, private entity,
federal or state government, any unit of local government,
school district or any entity created by Public Act; however,
"income" excludes:
(a) any amounts required by law to be withheld,
other than creditor claims, including, but not limited
to, federal, State and local taxes, Social Security and
other retirement and disability contributions;
(b) union dues;
(c) any amounts exempted by the federal Consumer
Credit Protection Act;
(d) public assistance payments; and
(e) unemployment insurance benefits except as
provided by law.
Any other State or local laws which limit or exempt
income or the amount or percentage of income that can be
withheld shall not apply.
(5) "Obligor" means the individual who owes a duty to
make payments under an order for support.
(6) "Obligee" means the individual to whom a duty of
support is owed or the individual's legal representative.
(7) "Payor" means any payor of income to an obligor.
(8) "Public office" means any elected official or any
State or local agency which is or may become responsible by
law for enforcement of, or which is or may become authorized
to enforce, an order for support, including, but not limited
to: the Attorney General, the Illinois Department of Public
Aid, the Illinois Department of Mental Health and
Developmental Disabilities, the Illinois Department of
Children and Family Services, and the various State's
Attorneys, Clerks of the Circuit Court and supervisors of
general assistance.
(9) "Premium" means the dollar amount for which the
obligor is liable to his employer or labor union or trade
union and which must be paid to enroll or maintain a child in
a health insurance plan that is available to the obligor
through an employer or labor union or trade union.
(B) Entry of an Order for Withholding.
(1) Upon entry of any order for support on or after
January 1, 1984, the court shall enter a separate order for
withholding which shall not take effect unless the obligor
becomes delinquent in paying the order for support or the
obligor requests an earlier effective date; except that the
court may require the order for withholding to take effect
immediately.
On or after January 1, 1989, the court shall require the
order for withholding to take effect immediately, 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 insures
payment of support. In that case, the court shall enter the
order for withholding which will not take effect unless the
obligor becomes delinquent in paying the order for support.
Upon entry of any order of support on or after September
11, 1989, if the obligor is not a United States citizen, the
obligor shall provide to the court the obligor's alien
registration number, passport number, and home country's
social security or national health number, if applicable; the
court shall make the information part of the record in the
case.
(2) An order for withholding shall be entered upon
petition by the obligee or public office where an order for
withholding has not been previously entered.
(3) The order for withholding shall:
(a) direct any payor to withhold a dollar amount
equal to the order for support; and
(b) direct any payor to withhold an additional
dollar amount, not less than 20% of the order for
support, until payment in full of any delinquency stated
in the notice of delinquency provided for in subsection
(C) or (F) of this Section; and
(c) 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
(d) state the rights, remedies and duties of the
obligor under this Section; and
(e) include the obligor's Social Security Number,
which the obligor shall disclose to the court; and
(f) 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.
(4) At the time the order for withholding is entered,
the Clerk of the Circuit Court shall provide a copy of the
order for withholding and the order for support to the
obligor and shall make copies available to the obligee and
public office. Any copy of the order for withholding
furnished to the parties under this subsection shall be
stamped "Not Valid".
(5) The order for withholding shall remain in effect for
as long as the order for support upon which it is based.
(6) The failure of an order for withholding to state an
arrearage is not conclusive of the issue of whether an
arrearage is owing.
(7) Notwithstanding the provisions of this subsection,
if the court finds at the time of any hearing that an
arrearage has accrued in an amount equal to at least one
month's support obligation or that the obligor is 30 days
late in paying all or part of the order for support, the
court shall order immediate service of the order for
withholding upon the payor.
(8) Where the court has not required that the order for
withholding take effect immediately, the obligee or public
office may prepare and serve a notice for immediate
withholding upon the obligor by ordinary mail addressed to
the obligor at his or her last known address. The notice
shall state that the following circumstances have occurred:
(a) The parties' written agreement providing an
alternative arrangement to immediate withholding under
paragraph (1) of this subsection no longer provides for
timely payment of all support due; or
(b) The obligor has not made timely payments in
that the obligor has been at least 7 days late in paying
all or part of the order for support any of the last 6
consecutive dates payments were due prior to the date of
the notice for immediate withholding.
The notice for immediate withholding shall clearly state
that a specially certified copy of the order for withholding
will be sent to the payor, unless the obligor files a
petition contesting immediate withholding within 20 days
after service of the notice; however, the grounds for the
petition shall be limited to a dispute concerning whether the
circumstances stated in the notice have occurred or the
identity of the obligor. It shall not be grounds for the
petition that the obligor has made all payments due by the
date of the petition.
If the obligor files a petition contesting immediate
withholding within the 20-day period required under this
paragraph, the Clerk of the Circuit Court shall notify the
obligor and the obligee or public office, as appropriate, of
the time and place of the hearing on the petition. Upon
hearing the petition, the court shall enter an order granting
or denying relief. It shall not be grounds for granting the
obligor's petition that he or she has made all payments due
by the date of hearing. If the court denies the obligor's
petition, it shall order immediate service of the order for
withholding and direct the clerk to provide a specially
certified copy of the order for withholding to the obligee or
public office indicating that the requirements for immediate
withholding under this paragraph have been met.
If the obligor does not file a petition contesting
immediate withholding within the 20-day period, the obligee
or public office shall file with the Clerk of the Circuit
Court an affidavit, with a copy of the notice for immediate
withholding attached thereto, stating that the notice was
duly served and the date on which service was effected, and
that the obligor has not filed a petition contesting
immediate withholding. The clerk shall then provide to the
obligee or public office a specially certified copy of the
order for withholding indicating that the requirements for
immediate withholding under this paragraph have been met.
Upon receipt of a specially certified copy of the order
for withholding, the obligee or public office may serve the
order on the payor, its superintendent, manager or other
agent, by certified mail or personal delivery. A proof of
service shall be filed with the Clerk of the Circuit Court.
(C) Notice of Delinquency.
(1) Whenever an obligor becomes delinquent in payment of
an amount equal to at least one month's support obligation
pursuant to the order for support or is at least 30 days late
in complying with all or part of the order for support,
whichever occurs first, the obligee or public office may
prepare and serve a verified notice of delinquency, together
with a form petition to stay service, pursuant to paragraph
(3) of this subsection.
(2) The notice of delinquency shall recite the terms of
the order for support and contain a computation of the period
and total amount of the delinquency, as of the date of the
notice. The notice shall clearly state that it will be sent
to the payor, together with a specially certified copy of the
order for withholding, except as provided in subsection (F),
unless the obligor files a petition to stay service in
accordance with paragraph (1) of subsection (D).
(3) The notice of delinquency shall be served by
ordinary mail addressed to the obligor at his or her last
known address.
(4) The obligor may execute a written waiver of the
provisions of paragraphs (1) through (3) of this subsection
and request immediate service upon the payor.
(D) Procedures to Avoid Income Withholding.
(1) Except as provided in subsection (F), the obligor
may prevent an order for withholding from being served by
filing a petition to stay service with the Clerk of the
Circuit Court, within 20 days after service of the notice of
delinquency; however, the grounds for the petition to stay
service shall be limited to a dispute concerning: (a) the
amount of current support or the existence or amount of the
delinquency; or (b) the identity of the obligor.
The Clerk of the Circuit Court shall notify the obligor
and the obligee or public office, as appropriate, of the time
and place of the hearing on the petition to stay service. The
court shall hold such hearing pursuant to the provisions of
subsection (H).
(2) Except as provided in subsection (F), filing of a
petition to stay service, within the 20-day period required
under this subsection, shall prohibit the obligee or public
office from serving the order for withholding on any payor of
the obligor.
(E) Initial Service of Order for Withholding.
(1) Except as provided in subsection (F), in order to
serve an order for withholding upon a payor, an obligee or
public office shall follow the procedures set forth in this
subsection. After 20 days following service of the notice of
delinquency, the obligee or public office shall file with the
Clerk of the Circuit Court an affidavit, with the copy of the
notice of delinquency attached thereto, stating:
(a) that the notice of delinquency has been duly
served and the date on which service was effected; and
(b) that the obligor has not filed a petition to
stay service, or in the alternative
(c) that the obligor has waived the provisions of
subparagraphs (a) and (b) of this paragraph (1) in
accordance with subsection (C)(4).
(2) Upon request of the obligee or public office, the
Clerk of the Circuit shall: (a) make available any record of
payment; and (b) determine that the file contains a copy of
the affidavit described in paragraph (1). The Clerk shall
then provide to the obligee or public office a specially
certified copy of the order for withholding and the notice of
delinquency indicating that the preconditions for service
have been met.
(3) The obligee or public office may then serve the
notice of delinquency and order for withholding on the payor,
its superintendent, manager or other agent, by certified mail
or personal delivery. A proof of service shall be filed with
the Clerk of the Circuit Court.
(F) Subsequent Service of Order for Withholding.
(1) Notwithstanding the provisions of this Section, at
any time after the court has ordered immediate service of an
order for withholding or after initial service of an order
for withholding pursuant to subsection (E), the obligee or
public office may serve the order for withholding upon any
payor of the obligor without further notice to the obligor.
The obligee or public office shall provide notice to the
payor, pursuant to paragraph (6) of subsection (I), of any
payments that have been made through previous withholding or
any other method.
(2) The Clerk of the Circuit Court shall, upon request,
provide the obligee or public office with specially certified
copies of the order for withholding or the notice of
delinquency or both whenever the Court has ordered immediate
service of an order for withholding or an affidavit has been
placed in the court file indicating that the preconditions
for service have been previously met. The obligee or public
office may then serve the order for withholding on the payor,
its superintendent, manager or other agent by certified mail
or personal delivery. A proof of service shall be filed with
the Clerk of the Circuit Court.
(3) If a delinquency has accrued for any reason, the
obligee or public office may serve a notice of delinquency
upon the obligor pursuant to subsection (C). The obligor may
prevent the notice of delinquency from being served upon the
payor by utilizing the procedures set forth in subsection
(D). If no petition to stay service has been filed within the
required 20 day time period, the obligee or public office may
serve the notice of delinquency on the payor by utilizing the
procedures for service set forth in subsection (E).
(G) Duties of Payor.
(1) It shall be the duty of any payor who has been
served with a copy of the specially certified order for
withholding and any notice of delinquency to deduct and pay
over income as provided in this subsection. The payor shall
deduct the amount designated in the order for withholding, as
supplemented by the notice of delinquency and any notice
provided pursuant to paragraph (6) of subsection (I),
beginning no later than the next payment of income which is
payable to the obligor that occurs 14 days following the date
the order and any notice were mailed by certified mail or
placed for personal delivery. 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 obligee or
public office within 10 calendar days of the date income is
paid to the obligor in accordance with the order for
withholding and any subsequent notification received from the
public office redirecting payments. If the payor knowingly
fails to pay any amount withheld to the obligee or public
office within 10 calendar days of the date income is paid to
the obligor, the payor shall pay a penalty of $100 for each
day that the withheld amount is not paid to the obligee or
public office after the period of 10 calendar days has
expired. The failure of a payor, on more than one occasion,
to pay amounts withheld to the obligee or public office
within 10 calendar days of the date income is paid to the
obligor creates a presumption that the payor knowingly failed
to pay the amounts. This penalty may be collected in a civil
action which may be brought against the payor in favor of the
obligee. For purposes of this Section, 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 obligee or public
office, at the time of transmittal, with the date income was
paid from which support was withheld.
Upon receipt of an order 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 the health
insurance plan designated by the court order. 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.
(2) Whenever the obligor is no longer receiving income
from the payor, the payor shall return a copy of the order
for withholding to the obligee or public office and shall
provide information for the purpose of enforcing this
Section.
(3) Withholding of income under this Section 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 Section shall
not be in excess of the maximum amounts permitted under the
federal Consumer Credit Protection Act. If the payor has been
served with more than one order for withholding pertaining to
the same obligor, the payor shall allocate income available
for withholding on a proportionate share basis, giving
priority to current support payments. If there is any income
available for withholding after withholding for all current
support obligations, the payor shall allocate the income to
past due support payments ordered in non-AFDC matters and
then to past due support payments ordered in AFDC matters,
both on a proportionate share basis. Payment as required by
the order for withholding shall be a complete defense by the
payor against any claims of the obligor or his creditors as
to the sum so paid.
(4) No payor shall discharge, discipline, refuse to hire
or otherwise penalize any obligor because of the duty to
withhold income.
(H) Petitions to Stay Service or to Modify, Suspend or
Terminate Orders for Withholding.
(1) When an obligor files a petition to stay service,
the court, after due notice to all parties, shall hear the
matter as soon as practicable and shall enter an order
granting or denying relief, amending the notice of
delinquency, amending the order for withholding where
applicable, or otherwise resolving the matter. If the court
finds that a delinquency existed when the notice of
delinquency was served upon the obligor, in an amount of at
least one month's support obligation, or that the obligor was
at least 30 days late in paying all or part of the order for
support, the court shall order immediate service of the order
for withholding. Where the court cannot promptly resolve any
dispute over the amount of the delinquency, the court may
order immediate service of the order for withholding as to
any undisputed amounts specified in an amended notice of
delinquency, and may continue the hearing on the disputed
amounts.
(2) At any time, an obligor, obligee, public office or
Clerk of the Circuit Court may petition the court to:
(a) modify, suspend or terminate the order for
withholding because of a modification, suspension or
termination of the underlying order for support; or
(b) modify the amount of income to be withheld to
reflect payment in full or in part of the delinquency or
arrearage by income withholding or otherwise; or
(c) suspend the order for withholding because of
inability to deliver income withheld to the obligee due
to the obligee's failure to provide a mailing address or
other means of delivery.
(3) The obligor, obligee or public office shall serve on
the payor, by certified mail or personal delivery, a copy of
any order entered pursuant to this subsection that affects
the duties of the payor.
(4) At any time, a public office or Clerk of the Circuit
Court may serve a notice on the payor to:
(a) cease withholding of income for payment of
current support for a child when the support obligation
for that child has automatically ceased under the order
for support through emancipation or otherwise; or
(b) cease withholding of income for payment of
delinquency or arrearage when the delinquency or
arrearage has been paid in full.
(5) The notice provided for under paragraph (4) of this
subsection shall be served on the payor by ordinary mail, and
a copy shall be provided to the obligor and the obligee. A
copy of the notice shall be filed with the Clerk of the
Circuit Court.
(6) The order for withholding shall continue to be
binding upon the payor until service of any order of the
court or notice entered or provided for under this
subsection.
(I) Additional Duties.
(1) An obligee who is receiving income withholding
payments under this Section shall notify the payor, if the
obligee receives the payments directly from the payor, or the
public office or the Clerk of the Circuit Court, as
appropriate, of any change of address within 7 days of such
change.
(2) An obligee who is a recipient of public aid shall
send a copy of any notice of delinquency filed pursuant to
subsection (C) to the Bureau of Child Support of the Illinois
Department of Public Aid.
(3) Each obligor shall notify the obligee and the Clerk
of the Circuit Court of any change of address within 7 days.
(4) An obligor whose income is being withheld or who has
been served with a notice of delinquency pursuant to this
Section shall notify the obligee and the Clerk of the Circuit
Court of any new payor, within 7 days.
(5) When the Illinois Department of Public Aid is no
longer authorized to receive payments for the obligee, it
shall, within 7 days, notify the payor or, where appropriate,
the Clerk of the Circuit Court, to redirect income
withholding payments to the obligee.
(6) The obligee or public office shall provide notice to
the payor and Clerk of the Circuit Court of any other support
payment made, including but not limited to, a set-off under
federal and State law or partial payment of the delinquency
or arrearage, or both.
(7) Any public office and Clerk of the Circuit Court
which collects, disburses or receives payments pursuant to
orders for withholding shall maintain complete, accurate, and
clear records of all payments and their disbursements.
Certified copies of payment records maintained by a public
office or Clerk of the Circuit Court shall, without further
proof, be admitted into evidence in any legal proceedings
under this Section.
(8) The Illinois Department of Public Aid shall design
suggested legal forms for proceeding under this Section and
shall make available to the courts such forms and
informational materials which describe the procedures and
remedies set forth herein for distribution to all parties in
support actions.
(9) At the time of transmitting each support payment,
the clerk of the circuit court shall provide the obligee or
public office, as appropriate, with any information furnished
by the payor as to the date income was paid from which such
support was withheld.
(J) Penalties.
(1) Where a payor wilfully fails to withhold or pay over
income pursuant to a properly served, specially certified
order for withholding and any notice of delinquency, or
wilfully discharges, disciplines, refuses to hire or
otherwise penalizes an obligor as prohibited by subsection
(G), or otherwise fails to comply with any duties imposed by
this Section, 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:
(a) shall enter judgment and direct the enforcement
thereof for the total amount that the payor wilfully
failed to withhold or pay over; and
(b) 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.
(2) Any obligee, public office or obligor who wilfully
initiates a false proceeding under this Section or who
wilfully fails to comply with the requirements of this
Section shall be punished as in cases of contempt of court.
(K) Alternative Procedures for Entry and Service of an Order
for Withholding.
(1) Effective January 1, 1987, in any matter in which an
order for withholding has not been entered for any reason,
based upon the last order for support that has been entered,
and in which the obligor has become delinquent in payment of
an amount equal to at least one month's support obligation
pursuant to the last order for support or is at least 30 days
late in complying with all or part of the order for support,
the obligee or public office may prepare and serve an order
for withholding pursuant to the procedures set forth in this
subsection.
(2) The obligee or public office shall:
(a) prepare a proposed order for withholding for
immediate service as provided by paragraphs (1) and (3)
of subsection (B), except that the minimum 20%
delinquency payment shall be used;
(b) prepare a notice of delinquency as provided by
paragraphs (1) and (2) of subsection (C), except the
notice shall state further that the order for withholding
has not been entered by the court and the conditions
under which the order will be entered; and
(c) serve the notice of delinquency and form
petition to stay service as provided by paragraph (3) of
subsection (C), together with the proposed order for
withholding, which shall be marked "COPY ONLY".
(3) After 20 days following service of the notice of
delinquency and proposed order for withholding, in lieu of
the provisions of subsection (E), the obligee or public
office shall file with the Clerk of the Circuit Court an
affidavit, with a copy of the notice of delinquency and
proposed order for withholding attached thereto, stating
that:
(a) the notice of delinquency and proposed order
for withholding have been served upon the obligor and the
date on which service was effected;
(b) the obligor has not filed a petition to stay
service within 20 days of service of such notice and
order; and
(c) the proposed order for withholding accurately
states the terms and amounts contained in the last order
for support.
(4) Upon the court's satisfaction that the procedures
set forth in this subsection have been met, it shall enter
the order for withholding.
(5) The Clerk shall then provide to the obligee or
public office a specially certified copy of the order for
withholding and the notice of delinquency indicating that the
preconditions for service have been met.
(6) The obligee or public office shall serve the
specially certified copies of the order for withholding and
the notice of delinquency on the payor, its superintendent,
manager or other agent by certified mail or personal
delivery. A proof of service shall be filed with the Clerk
of the Circuit Court.
(7) If the obligor requests in writing that income
withholding become effective prior to becoming delinquent in
payment of an amount equal to one month's support obligation
pursuant to the last order for support, or prior to becoming
30 days late in paying all or part of the order for support,
the obligee or public office shall file an affidavit with the
Clerk of the circuit Court, with a proposed order for
withholding attached, stating that the proposed order
accurately states the terms and amounts contained in the last
order for support and the obligor's request for immediate
service. The provisions of paragraphs (4) through (6) of this
subsection shall apply, except that a notice of delinquency
shall not be required.
(8) All other provisions of this Section shall be
applicable with respect to the provisions of this subsection
(K), except that under paragraph (1) of subsection (H), the
court may also amend the proposed order for withholding to
conform to the last order for support.
(9) Nothing in this subsection shall be construed as
limiting the requirements of paragraph (1) of subsection (B)
with respect to the entry of a separate order for withholding
upon entry of any order for support.
(L) Remedies in Addition to Other Laws.
(1) The rights, remedies, duties and penalties created
by this Section are in addition to and not in substitution
for any other rights, remedies, duties and penalties created
by any other law.
(2) Nothing in this Section shall be construed as
invalidating any assignment of wages or benefits executed
prior to January 1, 1984.
(Source: P.A. 87-529; 87-935; 87-988; 87-1105; 88-26; 88-45;
88-94; 88-131; 88-307; 88-670, eff. 12-2-94.)
(Text of Section after amendment by P.A. 89-507)
Sec. 26.1. Withholding of Income to Secure Payment of
Support.
(A) Definitions.
(1) "Order for support" means any order of the court
which provides for periodic payment of funds for the support
of a child or maintenance of a spouse, whether temporary or
final, and includes any such order which provides for:
(a) modification or resumption of, or payment of
arrearage accrued under, a previously existing order;
(b) reimbursement of support; or
(c) enrollment in a health insurance plan that is
available to the obligor through an employer or labor
union or trade union.
(2) "Arrearage" means the total amount of unpaid support
obligations as determined by the court and incorporated into
an order for support.
(3) "Delinquency" means any payment under an order for
support which becomes due and remains unpaid after entry of
the an order for support withholding has been entered under
subsection (B) or, for purposes of subsection (K), after the
last order for support was entered for which no order for
withholding was entered.
(4) "Income" means any form of periodic payment to an
individual, regardless of source, including, but not limited
to: wages, salary, commission, compensation as an independent
contractor, workers' compensation, disability, annuity,
pension, and retirement benefits, lottery prize awards,
insurance proceeds, vacation pay, bonuses, profit-sharing
payments, interest, and any other payments, made by any
person, private entity, federal or state government, any unit
of local government, school district or any entity created by
Public Act; however, "income" excludes:
(a) any amounts required by law to be withheld,
other than creditor claims, including, but not limited
to, federal, State and local taxes, Social Security and
other retirement and disability contributions;
(b) union dues;
(c) any amounts exempted by the federal Consumer
Credit Protection Act;
(d) public assistance payments; and
(e) unemployment insurance benefits except as
provided by law.
Any other State or local laws which limit or exempt
income or the amount or percentage of income that can be
withheld shall not apply.
(5) "Obligor" means the individual who owes a duty to
make payments under an order for support.
(6) "Obligee" means the individual to whom a duty of
support is owed or the individual's legal representative.
(7) "Payor" means any payor of income to an obligor.
(8) "Public office" means any elected official or any
State or local agency which is or may become responsible by
law for enforcement of, or which is or may become authorized
to enforce, an order for support, including, but not limited
to: the Attorney General, the Illinois Department of Public
Aid, the Illinois Department of Human Services, the Illinois
Department of Children and Family Services, and the various
State's Attorneys, Clerks of the Circuit Court and
supervisors of general assistance.
(9) "Premium" means the dollar amount for which the
obligor is liable to his employer or labor union or trade
union and which must be paid to enroll or maintain a child in
a health insurance plan that is available to the obligor
through an employer or labor union or trade union.
(B) Entry of Order for Support Containing Income Withholding
Provisions; Income Withholding Notice.
(1) In addition to any content required under other
laws, every order for support entered on or after July 1,
1997, shall:
(a) 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
(b) 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
(c) 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.
(2) 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.
(3) The income withholding notice shall:
(a) Be in the standard format prescribed by the
federal Department of Health and Human Services; and
(b) Direct any payor to withhold the dollar amount
required for current support under the order for support;
and
(c) 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
(d) 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
(e) State the amount of the payor income
withholding fee specified under this Section; and
(f) 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
(g) 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
(h) State the rights, remedies, and duties of the
obligor under this Section; and
(i) Include the obligor's Social Security Number;
and
(j) 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.
(4) The accrual of a delinquency as a condition for
service of an income withholding notice, under the exception
to immediate withholding in paragraph (1) of this subsection,
shall apply only to the initial service of an income
withholding notice on a payor of the obligor.
(5) Notwithstanding the exception to immediate
withholding contained in paragraph (1) of this subsection, 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.
(6) If the order for support, under the exception to
immediate withholding contained in paragraph (1) of this
subsection, 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.
(7) 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. Proofs of
service on the payor and the obligor shall be filed with the
Clerk of the Circuit Court.
(8) At any time after the initial service of an income
withholding notice under this Section, any other payor of the
obligor may be served with the same income withholding notice
without further notice to the obligor.
(C) Income Withholding After Accrual of Delinquency.
(1) Whenever an obligor accrues a delinquency, the
obligee or public office may prepare and serve upon the
obligor's payor an income withholding notice that:
(a) Contains the information required under
paragraph (3) of subsection (B); and
(b) Contains a computation of the period and total
amount of the delinquency as of the date of the notice;
and
(c) Directs the payor to withhold the dollar amount
required to be withheld periodically under the order for
support for payment of the delinquency.
(2) The income withholding notice and the obligor's copy
of the income withholding notice shall be served as provided
in paragraph (7) of subsection (B).
(3) The obligor may contest withholding commenced under
this subsection by filing a petition to contest withholding
with the Clerk of the Circuit Court within 20 days after
service of a copy of the income withholding notice on the
obligor. However, the grounds for the petition to contest
withholding shall be limited to:
(a) A dispute concerning the existence or amount of
the delinquency; or
(b) The identity of the obligor.
The Clerk of the Circuit Court shall notify the obligor
and the obligee or public office of the time and place of the
hearing on the petition to contest withholding. The court
shall hold the hearing pursuant to the provisions of
subsection (F).
(D) Initiated Withholding.
(1) Notwithstanding any other provision of this Section,
if the court has not required that income withholding take
effect immediately, the obligee or public office may initiate
withholding, regardless of whether a delinquency has accrued,
by preparing and serving an income withholding notice on the
payor that contains the information required under paragraph
(3) of subsection (B) and states that the parties' written
agreement providing an alternative arrangement to immediate
withholding under paragraph (1) of subsection (B) no longer
ensures payment of support and the reason or reasons why it
does not.
(2) The income withholding notice and the obligor's copy
of the income withholding notice shall be served as provided
in paragraph (7) of subsection (B).
(3) The obligor may contest withholding commenced under
this subsection by filing a petition to contest withholding
with the Clerk of the Circuit Court within 20 days after
service of a copy of the income withholding notice on the
obligor. However, the grounds for the petition shall be
limited to a dispute concerning:
(a) whether the parties' written agreement providing
an alternative arrangement to immediate withholding under
paragraph (1) of subsection (B) continues to ensure
payment of support; or
(b) the identity of the obligor.
It shall not be grounds for filing a petition that the
obligor has made all payments due by the date of the
petition.
(4) If the obligor files a petition contesting
withholding within the 20-day period required under paragraph
(3), the Clerk of the Circuit Court shall notify the obligor
and the obligee or public office, as appropriate, of the time
and place of the hearing on the petition. The court shall
hold the hearing pursuant to the provisions of subsection
(F).
(B) Entry of an Order for Withholding.
(1) Upon entry of any order for support on or after
January 1, 1984, the court shall enter a separate order for
withholding which shall not take effect unless the obligor
becomes delinquent in paying the order for support or the
obligor requests an earlier effective date; except that the
court may require the order for withholding to take effect
immediately.
On or after January 1, 1989, the court shall require the
order for withholding to take effect immediately, 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 insures
payment of support. In that case, the court shall enter the
order for withholding which will not take effect unless the
obligor becomes delinquent in paying the order for support.
Upon entry of any order of support on or after September
11, 1989, if the obligor is not a United States citizen, the
obligor shall provide to the court the obligor's alien
registration number, passport number, and home country's
social security or national health number, if applicable; the
court shall make the information part of the record in the
case.
(2) An order for withholding shall be entered upon
petition by the obligee or public office where an order for
withholding has not been previously entered.
(3) The order for withholding shall:
(a) direct any payor to withhold a dollar amount
equal to the order for support; and
(b) direct any payor to withhold an additional
dollar amount, not less than 20% of the order for
support, until payment in full of any delinquency stated
in the notice of delinquency provided for in subsection
(C) or (F) of this Section; and
(c) 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
(d) state the rights, remedies and duties of the
obligor under this Section; and
(e) include the obligor's Social Security Number,
which the obligor shall disclose to the court; and
(f) 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.
(4) At the time the order for withholding is entered,
the Clerk of the Circuit Court shall provide a copy of the
order for withholding and the order for support to the
obligor and shall make copies available to the obligee and
public office. Any copy of the order for withholding
furnished to the parties under this subsection shall be
stamped "Not Valid".
(5) The order for withholding shall remain in effect for
as long as the order for support upon which it is based.
(6) The failure of an order for withholding to state an
arrearage is not conclusive of the issue of whether an
arrearage is owing.
(7) Notwithstanding the provisions of this subsection,
if the court finds at the time of any hearing that an
arrearage has accrued in an amount equal to at least one
month's support obligation or that the obligor is 30 days
late in paying all or part of the order for support, the
court shall order immediate service of the order for
withholding upon the payor.
(8) Where the court has not required that the order for
withholding take effect immediately, the obligee or public
office may prepare and serve a notice for immediate
withholding upon the obligor by ordinary mail addressed to
the obligor at his or her last known address. The notice
shall state that the following circumstances have occurred:
(a) The parties' written agreement providing an
alternative arrangement to immediate withholding under
paragraph (1) of this subsection no longer provides for
timely payment of all support due; or
(b) The obligor has not made timely payments in
that the obligor has been at least 7 days late in paying
all or part of the order for support any of the last 6
consecutive dates payments were due prior to the date of
the notice for immediate withholding.
The notice for immediate withholding shall clearly state
that a specially certified copy of the order for withholding
will be sent to the payor, unless the obligor files a
petition contesting immediate withholding within 20 days
after service of the notice; however, the grounds for the
petition shall be limited to a dispute concerning whether the
circumstances stated in the notice have occurred or the
identity of the obligor. It shall not be grounds for the
petition that the obligor has made all payments due by the
date of the petition.
If the obligor files a petition contesting immediate
withholding within the 20-day period required under this
paragraph, the Clerk of the Circuit Court shall notify the
obligor and the obligee or public office, as appropriate, of
the time and place of the hearing on the petition. Upon
hearing the petition, the court shall enter an order granting
or denying relief. It shall not be grounds for granting the
obligor's petition that he or she has made all payments due
by the date of hearing. If the court denies the obligor's
petition, it shall order immediate service of the order for
withholding and direct the clerk to provide a specially
certified copy of the order for withholding to the obligee or
public office indicating that the requirements for immediate
withholding under this paragraph have been met.
If the obligor does not file a petition contesting
immediate withholding within the 20-day period, the obligee
or public office shall file with the Clerk of the Circuit
Court an affidavit, with a copy of the notice for immediate
withholding attached thereto, stating that the notice was
duly served and the date on which service was effected, and
that the obligor has not filed a petition contesting
immediate withholding. The clerk shall then provide to the
obligee or public office a specially certified copy of the
order for withholding indicating that the requirements for
immediate withholding under this paragraph have been met.
Upon receipt of a specially certified copy of the order
for withholding, the obligee or public office may serve the
order on the payor, its superintendent, manager or other
agent, by certified mail or personal delivery. A proof of
service shall be filed with the Clerk of the Circuit Court.
(C) Notice of Delinquency.
(1) Whenever an obligor becomes delinquent in payment of
an amount equal to at least one month's support obligation
pursuant to the order for support or is at least 30 days late
in complying with all or part of the order for support,
whichever occurs first, the obligee or public office may
prepare and serve a verified notice of delinquency, together
with a form petition to stay service, pursuant to paragraph
(3) of this subsection.
(2) The notice of delinquency shall recite the terms of
the order for support and contain a computation of the period
and total amount of the delinquency, as of the date of the
notice. The notice shall clearly state that it will be sent
to the payor, together with a specially certified copy of the
order for withholding, except as provided in subsection (F),
unless the obligor files a petition to stay service in
accordance with paragraph (1) of subsection (D).
(3) The notice of delinquency shall be served by
ordinary mail addressed to the obligor at his or her last
known address.
(4) The obligor may execute a written waiver of the
provisions of paragraphs (1) through (3) of this subsection
and request immediate service upon the payor.
(D) Procedures to Avoid Income Withholding.
(1) Except as provided in subsection (F), the obligor
may prevent an order for withholding from being served by
filing a petition to stay service with the Clerk of the
Circuit Court, within 20 days after service of the notice of
delinquency; however, the grounds for the petition to stay
service shall be limited to a dispute concerning: (a) the
amount of current support or the existence or amount of the
delinquency; or (b) the identity of the obligor.
The Clerk of the Circuit Court shall notify the obligor
and the obligee or public office, as appropriate, of the time
and place of the hearing on the petition to stay service. The
court shall hold such hearing pursuant to the provisions of
subsection (H).
(2) Except as provided in subsection (F), filing of a
petition to stay service, within the 20-day period required
under this subsection, shall prohibit the obligee or public
office from serving the order for withholding on any payor of
the obligor.
(E) Initial Service of Order for Withholding.
(1) Except as provided in subsection (F), in order to
serve an order for withholding upon a payor, an obligee or
public office shall follow the procedures set forth in this
subsection. After 20 days following service of the notice of
delinquency, the obligee or public office shall file with the
Clerk of the Circuit Court an affidavit, with the copy of the
notice of delinquency attached thereto, stating:
(a) that the notice of delinquency has been duly
served and the date on which service was effected; and
(b) that the obligor has not filed a petition to
stay service, or in the alternative
(c) that the obligor has waived the provisions of
subparagraphs (a) and (b) of this paragraph (1) in
accordance with subsection (C)(4).
(2) Upon request of the obligee or public office, the
Clerk of the Circuit shall: (a) make available any record of
payment; and (b) determine that the file contains a copy of
the affidavit described in paragraph (1). The Clerk shall
then provide to the obligee or public office a specially
certified copy of the order for withholding and the notice of
delinquency indicating that the preconditions for service
have been met.
(3) The obligee or public office may then serve the
notice of delinquency and order for withholding on the payor,
its superintendent, manager or other agent, by certified mail
or personal delivery. A proof of service shall be filed with
the Clerk of the Circuit Court.
(F) Subsequent Service of Order for Withholding.
(1) Notwithstanding the provisions of this Section, at
any time after the court has ordered immediate service of an
order for withholding or after initial service of an order
for withholding pursuant to subsection (E), the obligee or
public office may serve the order for withholding upon any
payor of the obligor without further notice to the obligor.
The obligee or public office shall provide notice to the
payor, pursuant to paragraph (6) of subsection (I), of any
payments that have been made through previous withholding or
any other method.
(2) The Clerk of the Circuit Court shall, upon request,
provide the obligee or public office with specially certified
copies of the order for withholding or the notice of
delinquency or both whenever the Court has ordered immediate
service of an order for withholding or an affidavit has been
placed in the court file indicating that the preconditions
for service have been previously met. The obligee or public
office may then serve the order for withholding on the payor,
its superintendent, manager or other agent by certified mail
or personal delivery. A proof of service shall be filed with
the Clerk of the Circuit Court.
(3) If a delinquency has accrued for any reason, the
obligee or public office may serve a notice of delinquency
upon the obligor pursuant to subsection (C). The obligor may
prevent the notice of delinquency from being served upon the
payor by utilizing the procedures set forth in subsection
(D). If no petition to stay service has been filed within the
required 20 day time period, the obligee or public office may
serve the notice of delinquency on the payor by utilizing the
procedures for service set forth in subsection (E).
(E) (G) Duties of Payor.
(1) It shall be the duty of any payor who has been
served with an income withholding a copy of the specially
certified order for withholding and any notice of delinquency
to deduct and pay over income as provided in this subsection.
The payor shall deduct the amount designated in the income
order for withholding notice, as supplemented by the notice
of delinquency and any notice provided pursuant to paragraph
(6) of subsection (G) (I), 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 order and any notice was were mailed, sent by
facsimile or other electronic means, by certified mail 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 obligee or public office 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 10 calendar days of
the date income is paid to the obligor in accordance with the
order for withholding and any subsequent notification
received from the public office redirecting payments. If the
payor knowingly fails to pay any amount withheld to the
obligee or public office within 7 business days after the
date the amount would have been 10 calendar days of the date
income is paid or credited to the obligor, the payor shall
pay a penalty of $100 for each day that the withheld amount
is not paid to the obligee or public office after the period
of 7 business 10 calendar days has expired. The failure of a
payor, on more than one occasion, to pay amounts withheld to
the obligee or public office within 7 business days after the
date the amount would have been 10 calendar days of the date
income is 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. For purposes of this Section, 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
obligee or public office, 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 income was
paid from which support was withheld.
Upon receipt of an income withholding notice order
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 the health insurance plan designated by
the income withholding notice court order. 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.
(2) Whenever the obligor is no longer receiving income
from the payor, the payor shall return a copy of the income
order for withholding notice to the obligee or public office
and shall provide information for the purpose of enforcing
this Section.
(3) Withholding of income under this Section 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 Section shall
not be in excess of the maximum amounts permitted under the
federal Consumer Credit Protection Act. If the payor has been
served with more than one income order for 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. If there
is any income available for withholding after withholding for
all current support obligations, the payor shall allocate the
income to past due support payments ordered in cases in which
cash assistance under the Illinois Public Aid Code is not
being provided to the obligee non-AFDC matters and then to
past due support payments ordered in cases in which
assistance under the Illinois Public Aid Code is being
provided to the obligee AFDC matters, both on a proportionate
share basis. 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. Payment as required by the order for withholding
shall be a complete defense by the payor against any claims
of the obligor or his creditors as to the sum so paid.
(4) No payor shall discharge, discipline, refuse to hire
or otherwise penalize any obligor because of the duty to
withhold income.
(F) (H) Petitions to Contest Withholding Stay Service or to
Modify, Suspend, or Terminate, or Correct Income Orders for
Withholding Notices.
(1) When an obligor files a petition to contest
withholding stay service, the court, after due notice to all
parties, shall hear the matter as soon as practicable and
shall enter an order granting or denying relief, ordering
service of an amended income withholding notice amending the
notice of delinquency, amending the order for withholding,
where applicable, or otherwise resolving the matter.
The court shall deny the obligor's petition if the court
finds that when the income withholding notice was mailed,
sent by facsimile transmission or other electronic means, or
placed for personal delivery to or service on the payor:
(a) A delinquency existed; or
(b) The parties' written agreement providing an
alternative arrangement to immediate withholding under
paragraph (1) of subsection (B) no longer ensured payment
of support. If the court finds that a delinquency existed
when the notice of delinquency was served upon the
obligor, in an amount of at least one month's support
obligation, or that the obligor was at least 30 days late
in paying all or part of the order for support, the court
shall order immediate service of the order for
withholding. Where the court cannot promptly resolve any
dispute over the amount of the delinquency, the court may
order immediate service of the order for withholding as
to any undisputed amounts specified in an amended notice
of delinquency, and may continue the hearing on the
disputed amounts.
(2) At any time, an obligor, obligee, public office or
Clerk of the Circuit Court may petition the court to:
(a) modify, suspend or terminate the income order
for withholding notice because of a modification,
suspension or termination of the underlying order for
support; or
(b) modify the amount of income to be withheld to
reflect payment in full or in part of the delinquency or
arrearage by income withholding or otherwise; or
(c) suspend the income order for withholding notice
because of inability to deliver income withheld to the
obligee due to the obligee's failure to provide a mailing
address or other means of delivery.
(3) At any time an obligor may petition the court to
correct a term contained in an income withholding notice to
conform to that stated in the underlying order for support
for:
(a) The amount of current support;
(b) The amount of the arrearage;
(c) The periodic amount for payment of the
arrearage; or
(d) The periodic amount for payment of the
delinquency.
(4) (3) The obligor, obligee or public office shall
serve on the payor, in the manner provided for service of
income withholding notices in paragraph (7) of subsection (B)
by certified mail or personal delivery, a copy of any order
entered pursuant to this subsection that affects the duties
of the payor.
(5) (4) At any time, a public office or Clerk of the
Circuit Court may serve a notice on the payor to:
(a) Cease withholding of income for payment of
current support for a child when the support obligation
for that child has automatically ceased under the order
for support through emancipation or otherwise; or
(b) Cease withholding of income for payment of
delinquency or arrearage when the delinquency or
arrearage has been paid in full.
(6) (5) The notice provided for under paragraph (5) (4)
of this subsection shall be served on the payor in the manner
provided for service of income withholding notices in
paragraph (7) of subsection (B) by ordinary mail, and a copy
shall be provided to the obligor and the obligee. A copy of
the notice shall be filed with the Clerk of the Circuit
Court.
(7) (6) The income order for withholding notice shall
continue to be binding upon the payor until service of an
amended income withholding notice or any order of the court
or notice entered or provided for under this subsection.
(G) (I) Additional Duties.
(1) An obligee who is receiving income withholding
payments under this Section shall notify the payor, if the
obligee receives the payments directly from the payor, or the
public office or the Clerk of the Circuit Court, as
appropriate, of any change of address within 7 days of such
change.
(2) An obligee who is a recipient of public aid shall
send a copy of any income withholding notice served by the
obligee of delinquency filed pursuant to subsection (C) to
the Division Bureau of Child Support Enforcement of the
Illinois Department of Public Aid.
(3) Each obligor shall notify the obligee, the public
office, and the Clerk of the Circuit Court of any change of
address within 7 days.
(4) An obligor whose income is being withheld or who has
been served with a notice of delinquency pursuant to this
Section shall notify the obligee, the public office, and the
Clerk of the Circuit Court of any new payor, within 7 days.
(5) When the Illinois Department of Public Aid is no
longer authorized to receive payments for the obligee, it
shall, within 7 days, notify the payor or, where appropriate,
the Clerk of the Circuit Court, to redirect income
withholding payments to the obligee.
(6) The obligee or public office shall provide notice to
the payor and Clerk of the Circuit Court of any other support
payment made, including but not limited to, a set-off under
federal and State law or partial payment of the delinquency
or arrearage, or both.
(7) Any public office and Clerk of the Circuit Court
which collects, disburses or receives payments pursuant to
income orders for withholding notices shall maintain
complete, accurate, and clear records of all payments and
their disbursements. Certified copies of payment records
maintained by a public office or Clerk of the Circuit Court
shall, without further proof, be admitted into evidence in
any legal proceedings under this Section.
(8) The Illinois Department of Public Aid shall design
suggested legal forms for proceeding under this Section and
shall make available to the courts such forms and
informational materials which describe the procedures and
remedies set forth herein for distribution to all parties in
support actions.
(9) At the time of transmitting each support payment,
the clerk of the circuit court shall provide the obligee or
public office, as appropriate, with any information furnished
by the payor as to the date the amount would (but for the
duty to withhold income) have been paid or credited to the
obligor income was paid from which such support was
withheld.
(H) (J) Penalties.
(1) Where a payor wilfully fails to withhold or pay over
income pursuant to a properly served income withholding
notice, specially certified order for withholding and any
notice of delinquency, or wilfully discharges, disciplines,
refuses to hire or otherwise penalizes an obligor as
prohibited by subsection (E) (G), or otherwise fails to
comply with any duties imposed by this Section, 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:
(a) shall enter judgment and direct the enforcement
thereof for the total amount that the payor wilfully
failed to withhold or pay over; and
(b) 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.
(2) Any obligee, public office or obligor who wilfully
initiates a false proceeding under this Section or who
wilfully fails to comply with the requirements of this
Section shall be punished as in cases of contempt of court.
(I) Alternative Procedures for Service of an Income
Withholding Notice.
(1) The procedures of this subsection may be used in any
matter to serve an income withholding notice on a payor if:
(a) For any reason the most recent order for
support entered does not contain the income withholding
provisions required under subsection (B), irrespective of
whether a separate order for withholding was entered
prior to July 1, 1997; and
(b) The obligor has accrued a delinquency after
entry of the most recent order for support.
(2) The obligee or public office shall prepare and serve
the income withholding notice in accordance with the
provisions of subsection (C), except that the notice shall
contain a periodic amount for payment of the delinquency
equal to 20% of the total of the current support amount and
the amount to be paid periodically for payment of any
arrearage stated in the most recent order for support.
(3) If the obligor requests in writing that income
withholding become effective prior to the obligor accruing a
delinquency under the most recent order for support, the
obligee or public office may prepare and serve an income
withholding notice on the payor as provided in subsection
(B). In addition to filing proofs of service of the income
withholding notice on the payor and the obligor, the obligee
or public office shall file a copy of the obligor's written
request for income withholding with the Clerk of the Circuit
Court.
(4) All other provisions of this Section shall be
applicable with respect to the provisions of this subsection
(I).
(K) Alternative Procedures for Entry and Service of an Order
for Withholding.
(1) Effective January 1, 1987, in any matter in which an
order for withholding has not been entered for any reason,
based upon the last order for support that has been entered,
and in which the obligor has become delinquent in payment of
an amount equal to at least one month's support obligation
pursuant to the last order for support or is at least 30 days
late in complying with all or part of the order for support,
the obligee or public office may prepare and serve an order
for withholding pursuant to the procedures set forth in this
subsection.
(2) The obligee or public office shall:
(a) prepare a proposed order for withholding for
immediate service as provided by paragraphs (1) and (3)
of subsection (B), except that the minimum 20%
delinquency payment shall be used;
(b) prepare a notice of delinquency as provided by
paragraphs (1) and (2) of subsection (C), except the
notice shall state further that the order for withholding
has not been entered by the court and the conditions
under which the order will be entered; and
(c) serve the notice of delinquency and form
petition to stay service as provided by paragraph (3) of
subsection (C), together with the proposed order for
withholding, which shall be marked "COPY ONLY".
(3) After 20 days following service of the notice of
delinquency and proposed order for withholding, in lieu of
the provisions of subsection (E), the obligee or public
office shall file with the Clerk of the Circuit Court an
affidavit, with a copy of the notice of delinquency and
proposed order for withholding attached thereto, stating
that:
(a) the notice of delinquency and proposed order
for withholding have been served upon the obligor and the
date on which service was effected;
(b) the obligor has not filed a petition to stay
service within 20 days of service of such notice and
order; and
(c) the proposed order for withholding accurately
states the terms and amounts contained in the last order
for support.
(4) Upon the court's satisfaction that the procedures
set forth in this subsection have been met, it shall enter
the order for withholding.
(5) The Clerk shall then provide to the obligee or
public office a specially certified copy of the order for
withholding and the notice of delinquency indicating that the
preconditions for service have been met.
(6) The obligee or public office shall serve the
specially certified copies of the order for withholding and
the notice of delinquency on the payor, its superintendent,
manager or other agent by certified mail or personal
delivery. A proof of service shall be filed with the Clerk
of the Circuit Court.
(7) If the obligor requests in writing that income
withholding become effective prior to becoming delinquent in
payment of an amount equal to one month's support obligation
pursuant to the last order for support, or prior to becoming
30 days late in paying all or part of the order for support,
the obligee or public office shall file an affidavit with the
Clerk of the circuit Court, with a proposed order for
withholding attached, stating that the proposed order
accurately states the terms and amounts contained in the last
order for support and the obligor's request for immediate
service. The provisions of paragraphs (4) through (6) of this
subsection shall apply, except that a notice of delinquency
shall not be required.
(8) All other provisions of this Section shall be
applicable with respect to the provisions of this subsection
(K), except that under paragraph (1) of subsection (H), the
court may also amend the proposed order for withholding to
conform to the last order for support.
(9) Nothing in this subsection shall be construed as
limiting the requirements of paragraph (1) of subsection (B)
with respect to the entry of a separate order for withholding
upon entry of any order for support.
(J) (L) Remedies in Addition to Other Laws.
(1) The rights, remedies, duties and penalties created
by this Section are in addition to and not in substitution
for any other rights, remedies, duties and penalties created
by any other law.
(2) Nothing in this Section shall be construed as
invalidating any assignment of wages or benefits executed
prior to January 1, 1984 or any order for withholding served
prior to July 1, 1997.
(Source: P.A. 88-26; 88-45; 88-94; 88-131; 88-307; 88-670,
eff. 12-2-94; 89-507, eff. 7-1-97.)
(750 ILCS 20/29C new)
Sec. 29C. Notice from Department of Public Aid. In
cases in which a party is receiving child and spouse support
services under Article X of the Illinois Public Aid Code and
the order for support provides that child support payments be
made to the obligee, the Illinois Department of Public Aid
may provide notice to the obligor and the obligor's payor,
when income withholding is in effect under Section 26.1 of
this Act, to make all payments after receipt of the
Department's notice to the clerk of the court until further
notice by the Department or order of the court. Copies of
the notice shall be provided to the obligee and the clerk.
The clerk's copy shall contain a proof of service on the
obligor and the obligor's payor, where applicable. The clerk
shall file the clerk's copy of the notice in the court file.
The notice to the obligor and the payor, if applicable, may
be sent by ordinary mail, certified mail, return receipt
requested, facsimile transmission, or other electronic
process, or may be served upon the obligor or payor using any
method provided by law for service of a summons. An obligor
who fails to comply with a notice provided under this Section
is guilty of a Class B misdemeanor. A payor who fails to
comply with a notice provided under this Section is guilty of
a business offense and subject to a fine of up to $1,000.
Section 120. The Illinois Parentage Act of 1984 is
amended by changing Sections 5, 6, 7, 8, 13, 14, 15.1, 20,
and 21 and by adding Sections 13.1 and 27 as follows:
(750 ILCS 45/5) (from Ch. 40, par. 2505)
Sec. 5. Presumption of Paternity.
(a) A man is presumed to be the natural father of a
child if:
(1) he and the child's natural mother are or have
been married to each other, even though the marriage is
or could be declared invalid, and the child is born or
conceived during such marriage;
(2) after the child's birth, he and the child's
natural mother have married each other, even though the
marriage is or could be declared invalid, and he is
named, with his written consent, as the child's father on
the child's birth certificate;
(3) he and the child's natural mother have signed
an acknowledgment of paternity in accordance with rules
adopted by the Illinois Department of Public Aid under
Section 10-17.7 of the Illinois Public Aid Code; or
(4) he and the child's natural mother have signed
an acknowledgment of parentage or, if the natural father
is someone other than one presumed to be the father under
this Section, an acknowledgment of parentage and denial
of paternity in accordance with Section 12 of the Vital
Records Act.
(b) A presumption under subdivision (a)(1) or (a)(2) of
this Section may be rebutted only by clear and convincing
evidence. A presumption under subdivision (a)(3) or (a)(4)
is conclusive, unless the acknowledgment of parentage is
rescinded under the process provided in Section 12 of the
Vital Records Act, upon the earlier of:
(1) 60 days after the date the acknowledgment of
parentage is signed, or
(2) the date of an administrative or judicial
proceeding relating to the child (including a proceeding
to establish a support order) in which the signatory is a
party;
except that if a minor has signed the acknowledgment of
paternity or acknowledgment of parentage and denial of
paternity, the presumption becomes conclusive 6 months after
the minor reaches majority or is otherwise emancipated.
(Source: P.A. 88-687, eff. 1-24-95; 89-641, eff. 8-9-96.)
(750 ILCS 45/6) (from Ch. 40, par. 2506)
Sec. 6. Establishment of Parent and Child Relationship
by Consent of the Parties.
(a) A parent and child relationship may be established
voluntarily by the signing and witnessing of a voluntary
acknowledgment of parentage in accordance with Section 12 of
the Vital Records Act or Section 10-17.7 of the Illinois
Public Aid Code. The voluntary acknowledgment of parentage
shall contain the social security numbers of the persons
signing the voluntary acknowledgment of parentage; however,
failure to include the social security numbers of the persons
signing a voluntary acknowledgment of parentage does not
invalidate the voluntary acknowledgment of parentage.
(b) Notwithstanding any other provisions of this Act,
paternity established in accordance with subsection (a) has
the full force and effect of a judgment entered under this
Act and serves as a basis for seeking a child support order
without any further proceedings to establish paternity.
(c) A judicial or administrative proceeding to ratify
paternity established in accordance with subsection (a) is
neither required nor permitted.
(d) A signed acknowledgment of paternity entered under
this Act may be challenged in court only on the basis of
fraud, duress, or material mistake of fact, with the burden
of proof upon the challenging party. Pending outcome of the
challenge to the acknowledgment of paternity, the legal
responsibilities of the signatories shall remain in full
force and effect, except upon order of the court upon a
showing of good cause.
(e) Once a parent and child relationship is established
in accordance with subsection (a), an order for support may
be established pursuant to a petition to establish an order
for support by consent filed with the clerk of the circuit
court. A copy of the properly completed acknowledgment of
parentage form shall be attached to the petition. The
petition shall ask that the circuit court enter an order for
support. The petition may ask that an order for visitation,
custody, or guardianship be entered. The filing and
appearance fees provided under the Clerks of Courts Act shall
be waived for all cases in which an acknowledgment of
parentage form has been properly completed by the parties and
in which a petition to establish an order for support by
consent has been filed with the clerk of the circuit court.
This subsection shall not be construed to prohibit filing any
petition for child support, visitation, or custody under this
Act, the Illinois Marriage and Dissolution of Marriage Act,
or the Non-Support of Spouse and Children Act. This
subsection shall also not be construed to prevent the
establishment of an administrative support order in cases
involving persons receiving child support enforcement
services under Article X of the Illinois Public Aid Code.
(Source: P.A. 88-687, eff. 1-24-95; 89-641, eff. 8-9-96.)
(750 ILCS 45/7) (from Ch. 40, par. 2507)
Sec. 7. Determination of Father and Child Relationship;
Who May Bring Action; Parties.
(a) An action to determine the existence of the father
and child relationship, whether or not such a relationship is
already presumed under Section 5 of this Act, may be brought
by the child; the mother; a pregnant woman; any person or
public agency who has custody of, or is providing or has
provided financial support to, the child; the Illinois
Department of Public Aid if it is providing or has provided
financial support to the child or if it is assisting with
child support collection services; or a man presumed or
alleging himself to be the father of the child or expected
child. The complaint shall be verified and shall name the
person or persons alleged to be the father of the child.
(b) An action to declare the non-existence of the parent
and child relationship may be brought by the child, the
natural mother, or a man presumed to be the father under
subdivision (a)(1) or (a)(2) of Section 5 of this Act or a
man determined to be the father under Section 6. Actions
brought by the child, the natural mother or a presumed father
shall be brought by verified complaint. An action to declare
the non-existence of the parent and child relationship
brought by a man determined to be the father under Section 6
shall be initiated by the filing of an affidavit by the
plaintiff's attorney or by the plaintiff, if the plaintiff is
proceeding pro se, attached to the complaint, declaring one
of the following:
(1) That the affiant, the natural mother and the
child have submitted to appropriate tests to determine
inherited characteristics, including, but not limited to,
blood types and genetic markers, and that the results of
those tests show that there is a reasonable probability
that the plaintiff is not the parent of the child. A
copy of a written report, clearly identifying the parties
to the action and the results of the tests, must be
attached to the affidavit.
(2) That the affiant is willing to submit to any
appropriate tests to determine inherited characteristics,
including, but not limited to, blood types and genetic
markers, but that the natural mother has refused to
submit to such tests either on behalf of herself or on
behalf of the minor child or that the child has refused
to submit to such tests.
Allegations and denials in the affidavit, made without
reasonable cause and found to be untrue, shall subject the
party pleading them or that party's attorney, or both, to the
payment of reasonable expenses, actually incurred by the
other party by reason of the untrue pleading, together with
reasonable attorneys' fees to be taxed by the court upon
motion made within 30 days of the judgment or dismissal. In
no event shall the award for attorneys' fees and expenses
exceed those actually paid by the moving party. The failure
to file an affidavit required by this Section shall be
grounds for dismissal under Section 2-619 of the Code of
Civil Procedure.
After the presumption that a man presumed to be the
father under subdivision (a)(1) or (a)(2) of Section 5 has
been rebutted, or after a man determined to be the father
under Section 6 has been determined under this Section to not
be the father, paternity of the child by another man may be
determined in the same action, if he has been made a party.
(c) If any party is a minor, he or she may be
represented by his or her general guardian or a guardian ad
litem appointed by the court, which may include an
appropriate agency. The court may align the parties.
(d) Regardless of its terms, an agreement, other than a
settlement approved by the court, between an alleged or
presumed father and the mother or child, does not bar an
action under this Section.
(e) If an action under this Section is brought before
the birth of the child, all proceedings shall be stayed until
after the birth, except for service or process, the taking of
depositions to perpetuate testimony, and the ordering of
blood tests under appropriate circumstances.
(Source: P.A. 89-674, eff. 8-14-96.)
(750 ILCS 45/8) (from Ch. 40, par. 2508)
Sec. 8. Statute of limitations.
(a)(1) An action brought by or on behalf of a child, an
action brought by a party alleging that he or she is the
child's natural parent, or an action brought by the
Illinois Department of Public Aid, if it is providing or
has provided financial support to the child or if it is
assisting with child support collection services, shall
be barred if brought later than 2 years after the child
reaches the age of majority; however, if the action on
behalf of the child is brought by a public agency, other
than the Illinois Department of Public Aid if it is
providing or has provided financial support to the child
or if it is assisting with child support collection
services, it shall be barred 2 years after the agency has
ceased to provide assistance to the child.
Except as otherwise provided in this Section, an
action brought by a party alleging that he or she is the
child's natural parent shall be barred if brought later
than 2 years after the child reaches the age of majority.
An action brought by a party alleging that he is the
child's natural father shall be barred if brought later
than 2 years after the child's birth if the party has
forgone his parental rights as manifested by his failure
for a period of 36 months to visit, provide support for,
or communicate with the child although able to do so.
This limitation on an action brought by a party alleging
that he is the child's natural father does not apply if
(i) the party was prevented from visiting, providing
support for, or communicating with the child by the
child's other parent, another person, or an agency or
(ii) the party lacked knowledge of the child's birth.
(2) Failure to bring an action within 2 years shall
not bar any party from asserting a defense in any action
to declare the non-existence of the parent and child
relationship.
(3) An action to declare the non-existence of the
parent and child relationship shall be barred if brought
later than 2 years after the petitioner obtains knowledge
of relevant facts. The 2-year period for bringing an
action to declare the nonexistence of the parent and
child relationship shall not extend beyond the date on
which the child reaches the age of 18 years. Failure to
bring an action within 2 years shall not bar any party
from asserting a defense in any action to declare the
existence of the parent and child relationship.
(b) The time during which any party is not subject to
service of process or is otherwise not subject to the
jurisdiction of the courts of this State shall toll the
aforementioned periods.
(c) This Act does not affect the time within which any
rights under the Probate Act of 1975 may be asserted beyond
the time provided by law relating to distribution and closing
of decedent's estates or to the determination of heirship, or
otherwise.
(Source: P.A. 88-538; 88-687, eff. 1-24-95; 89-674, eff.
8-14-96.)
(750 ILCS 45/13) (from Ch. 40, par. 2513)
Sec. 13. Civil Action; Jury. (a) An action under this
Act is a civil action governed by the provisions of the "Code
of Civil Procedure", approved August 19, 1981, as amended,
and the Supreme Court rules applicable thereto, except where
otherwise specified in this Act.
(b) Trial by jury is not available under this Act. Any
party who desires a trial by jury on the issue of parentage
must file a demand therefor pursuant to and within the time
limits set forth in the "Code of Civil Procedure", approved
August 19, 1981, as amended.
(c) Certified copies of the bills for costs incurred for
pregnancy and childbirth shall be admitted into evidence at
judicial or administrative proceedings without foundation
testimony or other proof of authenticity or accuracy.
(Source: P.A. 83-1372.)
(750 ILCS 45/13.1 new)
Sec. 13.1. Temporary order for child support.
Notwithstanding any other law to the contrary, pending the
outcome of a judicial determination of parentage, the court
shall issue a temporary order for child support, upon motion
by a party and a showing of clear and convincing evidence of
paternity. In determining the amount of the temporary child
support award, the court shall use the guidelines and
standards set forth in subsection (a) of Section 505 and in
Section 505.2 of the Illinois Marriage and Dissolution of
Marriage Act.
Any new or existing support order entered by the court
under this Section shall be deemed to be a series of
judgments against the person obligated to pay support
thereunder, each such judgment to be in the amount of each
payment or installment of support and each judgment to be
deemed entered as of the date the corresponding payment or
installment becomes due under the terms of the support order.
Each such judgment shall have the full force, effect, and
attributes of any other judgment of this State, including the
ability to be enforced. Any such judgment is subject to
modification or termination only in accordance with Section
510 of the Illinois Marriage and Dissolution of Marriage Act.
A lien arises by operation of law against the real and
personal property of the noncustodial parent for each
installment of overdue support owed by the noncustodial
parent.
All orders for support, when entered or modified, shall
include a provision requiring the non-custodial parent to
notify the court, and in cases in which a party is receiving
child and spouse support services under Article X of the
Illinois Public Aid Code, the Illinois Department of Public
Aid, within 7 days, (i) of the name, address, and telephone
number of any new employer of the non-custodial parent, (ii)
whether the non-custodial parent has access to health
insurance coverage through the employer or other group
coverage, and, if so, the policy name and number and the
names of persons covered under the policy, and (iii) of any
new residential or mailing address or telephone number of the
non-custodial parent.
In any subsequent action to enforce a support order, upon
sufficient showing that diligent effort has been made to
ascertain the location of the non-custodial parent, service
of process or provision of notice necessary in that action
may be made at the last known address of the non-custodial
parent, in any manner expressly provided by the Code of Civil
Procedure or in this Act, which service shall be sufficient
for purposes of due process.
An order for support shall include a date on which the
current support obligation terminates. The termination date
shall be no earlier than the date on which the child covered
by the order will attain the age of majority or is otherwise
emancipated. The order for support shall state that the
termination date does not apply to any arrearage that may
remain unpaid on that date. Nothing in this paragraph shall
be construed to prevent the court from modifying the order.
(750 ILCS 45/14) (from Ch. 40, par. 2514)
Sec. 14. Judgment.
(a) (1) The judgment shall contain or explicitly reserve
provisions concerning any duty and amount of child support
and may contain provisions concerning the custody and
guardianship of the child, visitation privileges with the
child, the furnishing of bond or other security for the
payment of the judgment, which the court shall determine in
accordance with the relevant factors set forth in the
Illinois Marriage and Dissolution of Marriage Act and any
other applicable law of Illinois, to guide the court in a
finding in the best interests of the child. In determining
custody, joint custody, or visitation, the court shall apply
the relevant standards of the Illinois Marriage and
Dissolution of Marriage Act. Specifically, in determining the
amount of any child support award, the court shall use the
guidelines and standards set forth in subsection (a) of
Section 505 and in Section 505.2 of the Illinois Marriage and
Dissolution of Marriage Act. For purposes of Section 505 of
the Illinois Marriage and Dissolution of Marriage Act, "net
income" of the non-custodial parent shall include any
benefits available to that person under the Illinois Public
Aid Code or from other federal, State or local
government-funded programs. The court shall, in any event
and regardless of the amount of the non-custodial parent's
net income, in its judgment order the non-custodial parent to
pay child support to the custodial parent in a minimum amount
of not less than $10 per month. In an action brought within 2
years after a child's birth, the judgment or order may direct
either parent to pay the reasonable expenses incurred by
either parent related to the mother's pregnancy and the
delivery of the child. The judgment or order shall contain
the father's social security number, which the father shall
disclose to the court; however, failure to include the
father's social security number on the judgment or order does
not invalidate the judgment or order.
(2) If a judgment of parentage contains no explicit
award of custody, the establishment of a support obligation
or of visitation rights in one parent shall be considered a
judgment granting custody to the other parent. If the
parentage judgment contains no such provisions, custody shall
be presumed to be with the mother; however, the presumption
shall not apply if the father has had physical custody for at
least 6 months prior to the date that the mother seeks to
enforce custodial rights.
(b) The court shall order all child support payments,
determined in accordance with such guidelines, to commence
with the date summons is served. The level of current
periodic support payments shall not be reduced because of
payments set for the period prior to the date of entry of the
support order. The Court may order any child support
payments to be made for a period prior to the commencement of
the action. In determining whether and the extent to which
the payments shall be made for any prior period, the court
shall consider all relevant facts, including the factors for
determining the amount of support specified in the Illinois
Marriage and Dissolution of Marriage Act and other equitable
factors including but not limited to:
(1) The father's prior knowledge of the fact and
circumstances of the child's birth.
(2) The father's prior willingness or refusal to
help raise or support the child.
(3) The extent to which the mother or the public
agency bringing the action previously informed the father
of the child's needs or attempted to seek or require his
help in raising or supporting the child.
(4) The reasons the mother or the public agency did
not file the action earlier.
(5) The extent to which the father would be
prejudiced by the delay in bringing the action.
For purposes of determining the amount of child support
to be paid for any period before the date the order for
current child support is entered, there is a rebuttable
presumption that the father's net income for the prior period
was the same as his net income at the time the order for
current child support is entered.
(c) Any new or existing support order entered by the
court under this Section shall be deemed to be a series of
judgments against the person obligated to pay support
thereunder, each judgment to be in the amount of each payment
or installment of support and each such judgment to be deemed
entered as of the date the corresponding payment or
installment becomes due under the terms of the support order.
Each judgment shall have the full force, effect and
attributes of any other judgment of this State, including the
ability to be enforced. A lien arises by operation of law
against the real and personal property of the noncustodial
parent for each installment of overdue support owed by the
noncustodial parent.
(d) If the judgment or order of the court is at variance
with the child's birth certificate, the court shall order
that a new birth certificate be issued under the Vital
Records Act.
(e) On request of the mother and the father, the court
shall order a change in the child's name. After hearing
evidence the court may stay payment of support during the
period of the father's minority or period of disability.
(f) If, upon a showing of proper service, the father
fails to appear in court, or otherwise appear as provided by
law, the court may proceed to hear the cause upon testimony
of the mother or other parties taken in open court and shall
enter a judgment by default. The court may reserve any order
as to the amount of child support until the father has
received notice, by regular mail, of a hearing on the matter.
(g) A one-time charge of 20% is imposable upon the
amount of past-due child support owed on July 1, 1988 which
has accrued under a support order entered by the court. The
charge shall be imposed in accordance with the provisions of
Section 10-21 of the Illinois Public Aid Code and shall be
enforced by the court upon petition.
(h) All orders An order for support, when entered or
modified, in a case in which a party is receiving child and
spouse support services under Article X of the Illinois
Public Aid Code shall include a provision requiring the
non-custodial parent to notify the court and, in cases in
which party is receiving child and spouse support services
under Article X of the Illinois Public Aid Code, the Illinois
Department of Public Aid, within 7 days, (i) of the name and
address of any new employer of the non-custodial parent, (ii)
whether the non-custodial parent has access to health
insurance coverage through the employer or other group
coverage, and, if so, the policy name and number and the
names of persons covered under the policy, and (iii) of any
new residential or mailing address or telephone number of the
non-custodial parent. In any subsequent action to enforce a
support order, upon a sufficient showing that a diligent
effort has been made to ascertain the location of the
non-custodial parent, service of process or provision of
notice necessary in the case may be made at the last known
address of the non-custodial parent in any manner expressly
provided by the Code of Civil Procedure or this Act, which
service shall be sufficient for purposes of due process.
(i) An order for support shall include a date on which
the current support obligation terminates. The termination
date shall be no earlier than the date on which the child
covered by the order will attain the age of majority or is
otherwise emancipated. The order for support shall state that
the termination date does not apply to any arrearage that may
remain unpaid on that date. Nothing in this subsection shall
be construed to prevent the court from modifying the order.
(Source: P.A. 88-307; 88-538; 88-687, eff. 1-24-95.)
(750 ILCS 45/15.1) (from Ch. 40, par. 2515.1)
Sec. 15.1. (a) Whenever it is determined in a
proceeding to establish or enforce a child support obligation
that the person owing a duty of support is unemployed, the
court may order the person to seek employment and report
periodically to the court with a diary, listing or other
memorandum of his or her efforts in accordance with such
order. Additionally, the court may order the unemployed
person to report to the Department of Employment Security for
job search services or to make application with the local
Jobs Training Partnership Act provider for participation in
job search, training or work programs and where the duty of
support is owed to a child receiving support services under
Article X of The Illinois Public Aid Code, as amended, the
court may order the unemployed person to report to the
Illinois Department of Public Aid for participation in job
search, training or work programs established under Section
9-6 and Article IXA of that Code.
(b) Whenever it is determined that a person owes
past-due support for a child, and the child is receiving
assistance under the Illinois Public Aid Code, the court
shall order the following at the request of the Illinois
Department of Public Aid:
(1) that the person pay the past-due support in
accordance with a plan approved by the court; or
(2) if the person owing past-due support is
unemployed, is subject to such a plan, and is not
incapacitated, that the person participate in such job
search, training, or work programs established under
Section 9-6 and Article IXA of the Illinois Public Aid
Code as the court deems appropriate.
(Source: P.A. 85-1155.)
(750 ILCS 45/20) (from Ch. 40, par. 2520)
(Text of Section before amendment by P.A. 89-507)
Sec. 20. Withholding of Income to Secure Payment of
Support.
(A) Definitions.
(1) "Order for support" means any order of the court
which provides for periodic payment of funds for the support
of a child, whether temporary or final, and includes any such
order which provides for:
(a) modification or resumption of, or payment of
arrearage accrued under, a previously existing order;
(b) reimbursement of support;
(c) payment or reimbursement of the expense of
pregnancy and delivery; or
(d) enrollment in a health insurance plan that is
available to the obligor through an employer or labor
union or trade union.
(2) "Arrearage" means the total amount of unpaid support
obligations.
(3) "Delinquency" means any payment under an order for
support which becomes due and remains unpaid after an order
for withholding has been entered under subsection (B) or, for
purposes of subsection (K), after the last order for support
was entered for which no order for withholding was entered.
(4) "Income" means any form of periodic payment to an
individual, regardless of source, including, but not limited
to: wages, salary, commission, compensation as an independent
contractor, workers' compensation, disability, annuity and
retirement benefits, lottery prize awards, insurance
proceeds, vacation pay, bonuses, profit-sharing payments and
any other payments, made by any person, private entity,
federal or state government, any unit of local government,
school district or any entity created by Public Act; however,
"income" excludes:
(a) any amounts required by law to be withheld,
other than creditor claims, including, but not limited
to, federal, State and local taxes, Social Security and
other retirement and disability contributions;
(b) union dues;
(c) any amounts exempted by the federal Consumer
Credit Protection Act;
(d) public assistance payments; and
(e) unemployment insurance benefits except as
provided by law.
Any other State or local laws which limit or exempt
income or the amount or percentage of income that can be
withheld shall not apply.
(5) "Obligor" means the individual who owes a duty to
make payments under an order for support.
(6) "Obligee" means the individual to whom a duty of
support is owed or the individual's legal representative.
(7) "Payor" means any payor of income to an obligor.
(8) "Public office" means any elected official or any
State or local agency which is or may become responsible by
law for enforcement of, or which is or may become authorized
to enforce, an order for support, including, but not limited
to: the Attorney General, the Illinois Department of Public
Aid, the Illinois Department of Mental Health and
Developmental Disabilities, the Illinois Department of
Children and Family Services, and the various State's
Attorneys, Clerks of the Circuit Court and supervisors of
general assistance.
(9) "Premium" means the dollar amount for which the
obligor is liable to his employer or labor union or trade
union and which must be paid to enroll or maintain a child in
a health insurance plan that is available to the obligor
through an employer or labor union or trade union.
(B) Entry of an Order for Withholding.
(1) Upon entry of any order for support on or after July
1, 1985, the court shall enter a separate order for
withholding which shall not take effect unless the obligor
becomes delinquent in paying the order for support or the
obligor requests an earlier effective date; except that the
court may require the order for withholding to take effect
immediately.
On or after January 1, 1989, the court shall require the
order for withholding to take effect immediately, 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 insures
payment of support. In that case, the court shall enter the
order for withholding which will not take effect unless the
obligor becomes delinquent in paying the order for support.
Upon entry of any order of support on or after September
11, 1989, if the obligor is not a United States citizen, the
obligor shall provide to the court the obligor's alien
registration number, passport number, and home country's
social security or national health number, if applicable; the
court shall make the information part of the record in the
case.
(2) An order for withholding shall be entered upon
petition by the obligee or public office where an order for
withholding has not been previously entered.
(3) The order for withholding shall:
(a) direct any payor to withhold a dollar amount
equal to the order for support; and
(b) direct any payor to withhold an additional
dollar amount, not less than 20% of the order for
support, until payment in full of any delinquency stated
in the notice of delinquency provided for in subsection
(C) or (F) of this Section; and
(c) 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
(d) state the rights, remedies and duties of the
obligor under this Section; and
(e) include the obligor's Social Security Number,
which the obligor shall disclose to the court; and
(f) 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.
(4) At the time the order for withholding is entered,
the Clerk of the Circuit Court shall provide a copy of the
order for withholding and the order for support to the
obligor and shall make copies available to the obligee and
public office. Any copy of the order for withholding
furnished to the parties under this subsection shall be
stamped "Not Valid".
(5) The order for withholding shall remain in effect for
as long as the order for support upon which it is based.
(6) The failure of an order for withholding to state an
arrearage is not conclusive of the issue of whether an
arrearage is owing.
(7) Notwithstanding the provisions of this subsection,
if the court finds at the time of any hearing that arrearage
has accrued in an amount equal to at least one month's
support obligation or that the obligor is 30 days late in
paying all or part of the order for support, the court shall
order immediate service of the order for withholding upon the
payor.
(8) Where the court has not required that the order for
withholding take effect immediately, the obligee or public
office may prepare and serve a notice for immediate
withholding upon the obligor by ordinary mail addressed to
the obligor at his or her last known address. The notice
shall state that the following circumstances have occurred:
(a) The parties' written agreement providing an
alternative arrangement to immediate withholding under
paragraph (1) of this subsection no longer provides for
timely payment of all support due; or
(b) The obligor has not made timely payments in
that the obligor has been at least 7 days late in paying
all or part of the order for support any of the last 6
consecutive dates payments were due prior to the date of
the notice for immediate withholding.
The notice for immediate withholding shall clearly state
that a specially certified copy of the order for withholding
will be sent to the payor, unless the obligor files a
petition contesting immediate withholding within 20 days
after service of the notice; however, the grounds for the
petition shall be limited to a dispute concerning whether the
circumstances stated in the notice have occurred or the
identity of the obligor. It shall not be grounds for the
petition that the obligor has made all payments due by the
date of the petition.
If the obligor files a petition contesting immediate
withholding within the 20-day period required under this
paragraph, the Clerk of the Circuit Court shall notify the
obligor and the obligee or public office, as appropriate, of
the time and place of the hearing on the petition. Upon
hearing the petition, the court shall enter an order granting
or denying relief. It shall not be grounds for granting the
obligor's petition that he or she has made all payments due
by the date of hearing. If the court denies the obligor's
petition, it shall order immediate service of the order for
withholding and direct the clerk to provide a specially
certified copy of the order for withholding to the obligee or
public office indicating that the requirements for immediate
withholding under this paragraph have been met.
If the obligor does not file a petition contesting
immediate withholding within the 20-day period, the obligee
or public office shall file with the Clerk of the Circuit
Court an affidavit, with a copy of the notice for immediate
withholding attached thereto, stating that the notice was
duly served and the date on which service was effected, and
that the obligor has not filed a petition contesting
immediate withholding. The clerk shall then provide to the
obligee or public office a specially certified copy of the
order for withholding indicating that the requirements for
immediate withholding under this paragraph have been met.
Upon receipt of a specially certified copy of the order
for withholding, the obligee or public office may serve the
order on the payor, its superintendent, manager or other
agent, by certified mail or personal delivery. A proof of
service shall be filed with the Clerk of the Circuit Court.
(C) Notice of Delinquency.
(1) Whenever an obligor becomes delinquent in payment of
an amount equal to at least one month's support obligation
pursuant to the order for support or is at least 30 days late
in complying with all or part of the order for support,
whichever occurs first, the obligee or public office may
prepare and serve a verified notice of delinquency, together
with a form petition to stay service, pursuant to paragraph
(3) of this subsection.
(2) The notice of delinquency shall recite the terms of
the order for support and contain a computation of the period
and total amount of the delinquency, as of the date of the
notice. The notice shall clearly state that it will be sent
to the payor, together with a specially certified copy of the
order for withholding, except as provided in subsection (F),
unless the obligor files a petition to stay service in
accordance with paragraph (1) of subsection (D).
(3) The notice of delinquency shall be served by
ordinary mail addressed to the obligor at his or her last
known address.
(4) The obligor may execute a written waiver of the
provisions of paragraphs (1) through (3) of this subsection
and request immediate service upon the payor.
(D) Procedures to Avoid Income Withholding.
(1) Except as provided in subsection (F), the obligor
may prevent an order for withholding from being served by
filing a petition to stay service with the Clerk of the
Circuit Court, within 20 days after service of the notice of
delinquency; however, the grounds for the petition to stay
service shall be limited to a dispute concerning: (a) the
amount of current support or the existence or amount of the
delinquency; or (b) the identity of the obligor.
The Clerk of the Circuit Court shall notify the obligor
and the obligee or public office, as appropriate, of the time
and place of the hearing on the petition to stay service. The
court shall hold such hearing pursuant to the provisions of
subsection (H).
(2) Except as provided in subsection (F), filing of a
petition to stay service, within the 20-day period required
under this subsection, shall prohibit the obligee or public
office from serving the order for withholding on any payor of
the obligor.
(E) Initial Service of Order for Withholding.
(1) Except as provided in subsection (F), in order to
serve an order for withholding upon a payor, an obligee or
public office shall follow the procedures set forth in this
subsection. After 20 days following service of the notice of
delinquency, the obligee or public office shall file with the
Clerk of the Circuit Court an affidavit, with the copy of the
notice of delinquency attached thereto, stating:
(a) that the notice of delinquency has been duly
served and the date on which service was effected; and
(b) that the obligor has not filed a petition to
stay service, or in the alternative
(c) that the obligor has waived the provisions of
subparagraphs (a) and (b) of this paragraph (1) in
accordance with subsection (C)(4).
(2) Upon request of the obligee or public office, the
Clerk of the Circuit Court shall: (a) make available any
record of payment; and (b) determine that the file contains a
copy of the affidavit described in paragraph (1). The Clerk
shall then provide to the obligee or public office a
specially certified copy of the order for withholding and the
notice of delinquency indicating that the preconditions for
service have been met.
(3) The obligee or public office may then serve the
notice of delinquency and order for withholding on the payor,
its superintendent, manager or other agent, by certified mail
or personal delivery. A proof of service shall be filed with
the Clerk of the Circuit Court.
(F) Subsequent Service of Order for Withholding.
(1) Notwithstanding the provisions of this Section, at
any time after the court has ordered immediate service of an
order for withholding or after initial service of an order
for withholding pursuant to subsection (E), the obligee or
public office may serve the order for withholding upon any
payor of the obligor without further notice to the obligor.
The obligee or public office shall provide notice to the
payor, pursuant to paragraph (6) of subsection (I), of any
payments that have been made through previous withholding or
any other method.
(2) The Clerk of the Circuit Court shall, upon request,
provide the obligee or public office with specially certified
copies of the order for withholding or the notice of
delinquency or both whenever the Court has ordered immediate
service of an order for withholding or an affidavit has been
placed in the court file indicating that the preconditions
for service have been previously met. The obligee or public
office may then serve the order for withholding on the payor,
its superintendent, manager or other agent by certified mail
or personal delivery. A proof of service shall be filed with
the Clerk of the Circuit Court.
(3) If a delinquency has accrued for any reason, the
obligee or public office may serve a notice of delinquency
upon the obligor pursuant to subsection (C). The obligor may
prevent the notice of delinquency from being served upon the
payor by utilizing the procedures set forth in subsection
(D). If no petition to stay service has been filed within the
required 20 day time period, the obligee or public office may
serve the notice of delinquency on the payor by utilizing the
procedures for service set forth in subsection (E).
(G) Duties of Payor.
(1) It shall be the duty of any payor who has been
served with a copy of the specially certified order for
withholding and any notice of delinquency to deduct and pay
over income as provided in this subsection. The payor shall
deduct the amount designated in the order for withholding, as
supplemented by the notice of delinquency and any notice
provided pursuant to paragraph (6) of subsection (I),
beginning no later than the next payment of income which is
payable to the obligor that occurs 14 days following the date
the order and any notice were mailed by certified mail or
placed for personal delivery. 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 obligee or
public office within 10 calendar days of the date income is
paid to the obligor in accordance with the order for
withholding and any subsequent notification received from the
public office redirecting payments. If the payor knowingly
fails to pay any amount withheld to the obligee or public
office within 10 calendar days of the date income is paid to
the obligor, the payor shall pay a penalty of $100 for each
day that the withheld amount is not paid to the obligee or
public office after the period of 10 calendar days has
expired. The failure of a payor, on more than one occasion,
to pay amounts withheld to the obligee or public office
within 10 calendar days of the date income is paid to the
obligor creates a presumption that the payor knowingly failed
to pay the amounts. This penalty may be collected in a civil
action which may be brought against the payor in favor of the
obligee. For purposes of this Section, 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 obligee or public
office, at the time of transmittal, with the date income was
paid from which support was withheld.
Upon receipt of an order 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 court order. 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.
(2) Whenever the obligor is no longer receiving income
from the payor, the payor shall return a copy of the order
for withholding to the obligee or public office and shall
provide information for the purpose of enforcing this
Section.
(3) Withholding of income under this Section 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 Section shall
not be in excess of the maximum amounts permitted under the
federal Consumer Credit Protection Act. If the payor has been
served with more than one order for withholding pertaining to
the same obligor, the payor shall allocate income available
for withholding on a proportionate share basis, giving
priority to current support payments. If there is any income
available for withholding after withholding for all current
support obligations, the payor shall allocate the income to
past due support payments ordered in non-AFDC matters and
then to past due support payments ordered in AFDC matters,
both on a proportionate share basis. Payment as required by
the order for withholding shall be a complete defense by the
payor against any claims of the obligor or his creditors as
to the sum so paid.
(4) No payor shall discharge, discipline, refuse to hire
or otherwise penalize any obligor because of the duty to
withhold income.
(H) Petitions to Stay Service or to Modify, Suspend or
Terminate Orders for Withholding.
(1) When an obligor files a petition to stay service,
the court, after due notice to all parties, shall hear the
matter as soon as practicable and shall enter an order
granting or denying relief, amending the notice of
delinquency, amending the order for withholding, where
applicable, or otherwise resolving the matter. If the court
finds that a delinquency existed when the notice of
delinquency was served upon the obligor, in an amount of at
least one month's support obligation, or that the obligor was
at least 30 days late in paying all or part of the order for
support, the court shall order immediate service of the order
for withholding. Where the court cannot promptly resolve any
dispute over the amount of the delinquency, the court may
order immediate service of the order for withholding as to
any undisputed amounts specified in an amended notice of
delinquency, and may continue the hearing on the disputed
amounts.
(2) At any time, an obligor, obligee, public office or
Clerk of the Circuit Court may petition the court to:
(a) modify, suspend or terminate the order for
withholding because of a modification, suspension or
termination of the underlying order for support; or
(b) modify the amount of income to be withheld to
reflect payment in full or in part of the delinquency or
arrearage by income withholding or otherwise; or
(c) suspend the order for withholding because of
inability to deliver income withheld to the obligee due
to the obligee's failure to provide a mailing address or
other means of delivery.
(3) The obligor, obligee or public office shall serve on
the payor, by certified mail or personal delivery, a copy of
any order entered pursuant to this subsection that affects
the duties of the payor.
(4) At any time, a public office or Clerk of the Circuit
Court may serve a notice on the payor to:
(a) cease withholding of income for payment of
current support for a child when the support obligation
for that child has automatically ceased under the order
for support through emancipation or otherwise; or
(b) cease withholding of income for payment of
delinquency or arrearage when the delinquency or
arrearage has been paid in full.
(5) The notice provided for under paragraph (4) of this
subsection shall be served on the payor by ordinary mail, and
a copy shall be provided to the obligor and the obligee. A
copy of the notice shall be filed with the Clerk of the
Circuit Court.
(6) The order for withholding shall continue to be
binding upon the payor until service of any order of the
court or notice entered or provided for under this
subsection.
(I) Additional Duties.
(1) An obligee who is receiving income withholding
payments under this Section shall notify the payor, if the
obligee receives the payments directly from the payor, or the
public office or the Clerk of the Circuit Court, as
appropriate, of any change of address within 7 days of such
change.
(2) An obligee who is a recipient of public aid shall
send a copy of any notice of delinquency filed pursuant to
subsection (C) to the Bureau of Child Support of the Illinois
Department of Public Aid.
(3) Each obligor shall notify the obligee and the Clerk
of the Circuit Court of any change of address within 7 days.
(4) An obligor whose income is being withheld or who has
been served with a notice of delinquency pursuant to this
Section shall notify the obligee and the Clerk of the Circuit
Court of any new payor, within 7 days.
(5) When the Illinois Department of Public Aid is no
longer authorized to receive payments for the obligee, it
shall, within 7 days, notify the payor or, where appropriate,
the Clerk of the Circuit Court, to redirect income
withholding payments to the obligee.
(6) The obligee or public office shall provide notice to
the payor and Clerk of the Circuit Court of any other support
payment made, including but not limited to, a set-off under
federal and State law or partial payment of the delinquency
or arrearage, or both.
(7) Any public office and Clerk of the Circuit Court
which collects, disburses or receives payments pursuant to
orders for withholding shall maintain complete, accurate, and
clear records of all payments and their disbursements.
Certified copies of payment records maintained by a public
office or Clerk of the Circuit Court shall, without further
proof, be admitted into evidence in any legal proceedings
under this Section.
(8) The Illinois Department of Public Aid shall design
suggested legal forms for proceeding under this Section and
shall make available to the courts such forms and
informational materials which describe the procedures and
remedies set forth herein for distribution to all parties in
support actions.
(9) At the time of transmitting each support payment,
the clerk of the circuit court shall provide the obligee or
public office, as appropriate, with any information furnished
by the payor as to the date income was paid from which such
support was withheld.
(J) Penalties.
(1) Where a payor wilfully fails to withhold or pay over
income pursuant to a properly served, specially certified
order for withholding and any notice of delinquency, or
wilfully discharges, disciplines, refuses to hire or
otherwise penalizes an obligor as prohibited by subsection
(G), or otherwise fails to comply with any duties imposed by
this Section, 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:
(a) shall enter judgment and order the enforcement
thereof for the total amount that the payor wilfully
failed to withhold or pay over; and
(b) 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.
(2) Any obligee, public office or obligor who wilfully
initiates a false proceeding under this Section or who
wilfully fails to comply with the requirements of this
Section shall be punished as in cases of contempt of court.
(K) Alternative Procedures for Entry and Service of an Order
for Withholding.
(1) Effective January 1, 1987, in any matter in which an
order for withholding has not been entered for any reason,
based upon the last order for support that has been entered,
and in which the obligor has become delinquent in payment of
an amount equal to at least one month's support obligation
pursuant to the last order for support or is at least 30 days
late in complying with all or part of the order for support,
the obligee or public office may prepare and serve an order
for withholding pursuant to the procedures set forth in this
subsection.
(2) The obligee or public office shall:
(a) prepare a proposed order for withholding for
immediate service as provided by paragraphs (1) and (3)
of subsection (B), except that the minimum 20%
delinquency payment shall be used;
(b) prepare a notice of delinquency as provided by
paragraphs (1) and (2) of subsection (C), except the
notice shall state further that the order for withholding
has not been entered by the court and the conditions
under which the order will be entered; and
(c) serve the notice of delinquency and form
petition to stay service as provided by paragraph (3) of
subsection (C), together with the proposed order for
withholding, which shall be marked "COPY ONLY".
(3) After 20 days following service of the notice of
delinquency and proposed order for withholding, in lieu of
the provisions of subsection (E), the obligee or public
office shall file with the Clerk of the Circuit Court an
affidavit, with a copy of the notice of delinquency and
proposed order for withholding attached thereto, stating
that:
(a) the notice of delinquency and proposed order
for withholding have been served upon the obligor and the
date on which service was effected;
(b) the obligor has not filed a petition to stay
service within 20 days of service of such notice and
order; and
(c) the proposed order for withholding accurately
states the terms and amounts contained in the last order
for support.
(4) Upon the court's satisfaction that the procedures
set forth in this subsection have been met, it shall enter
the order for withholding.
(5) The Clerk shall then provide to the obligee or
public office a specially certified copy of the order for
withholding and the notice of delinquency indicating that the
preconditions for service have been met.
(6) The obligee or public office shall serve the
specially certified copies of the order for withholding and
the notice of delinquency on the payor, its superintendent,
manager or other agent by certified mail or personal
delivery. A proof of service shall be filed with the Clerk
of the Circuit Court.
(7) If the obligor requests in writing that income
withholding become effective prior to becoming delinquent in
payment of an amount equal to one month's support obligation
pursuant to the last order for support, or prior to becoming
30 days late in paying all or part of the order for support,
the obligee or public office shall file an affidavit with the
Clerk of the circuit Court, with a proposed order for
withholding attached, stating that the proposed order
accurately states the terms and amounts contained in the last
order for support and the obligor's request for immediate
service. The provisions of paragraphs (4) through (6) of this
subsection shall apply, except that a notice of delinquency
shall not be required.
(8) All other provisions of this Section shall be
applicable with respect to the provisions of this subsection
(K), except that under paragraph (1) of subsection (H), the
court may also amend the proposed order for withholding to
conform to the last order for support.
(9) Nothing in this subsection shall be construed as
limiting the requirements of paragraph (1) of subsection (B)
with respect to the entry of a separate order for withholding
upon entry of any order for support.
(L) Remedies in Addition to Other Laws.
(1) The rights, remedies, duties and penalties created
by this Section are in addition to and not in substitution
for any other rights, remedies, duties and penalties created
by any other law.
(2) Nothing in this Section shall be construed as
invalidating any assignment of wages or benefits executed
prior to July 1, 1985.
(Source: P.A. 87-529; 87-935; 87-988; 87-1105; 88-26; 88-45;
88-94; 88-131; 88-307; 88-670, eff. 12-2-94.)
(Text of Section after amendment by P.A. 89-507)
Sec. 20. Withholding of Income to Secure Payment of
Support.
(A) Definitions.
(1) "Order for support" means any order of the court
which provides for periodic payment of funds for the support
of a child, whether temporary or final, and includes any such
order which provides for:
(a) modification or resumption of, or payment of
arrearage accrued under, a previously existing order;
(b) reimbursement of support;
(c) payment or reimbursement of the expense of
pregnancy and delivery; or
(d) enrollment in a health insurance plan that is
available to the obligor through an employer or labor
union or trade union.
(2) "Arrearage" means the total amount of unpaid support
obligations as determined by the court and incorporated into
an order for support.
(3) "Delinquency" means any payment under an order for
support which becomes due and remains unpaid after entry of
the an order for support withholding has been entered under
subsection (B) or, for purposes of subsection (K), after the
last order for support was entered for which no order for
withholding was entered.
(4) "Income" means any form of periodic payment to an
individual, regardless of source, including, but not limited
to: wages, salary, commission, compensation as an independent
contractor, workers' compensation, disability, annuity,
pension, and retirement benefits, lottery prize awards,
insurance proceeds, vacation pay, bonuses, profit-sharing
payments, interest, and any other payments, made by any
person, private entity, federal or state government, any unit
of local government, school district or any entity created by
Public Act; however, "income" excludes:
(a) any amounts required by law to be withheld,
other than creditor claims, including, but not limited
to, federal, State and local taxes, Social Security and
other retirement and disability contributions;
(b) union dues;
(c) any amounts exempted by the federal Consumer
Credit Protection Act;
(d) public assistance payments; and
(e) unemployment insurance benefits except as
provided by law.
Any other State or local laws which limit or exempt
income or the amount or percentage of income that can be
withheld shall not apply.
(5) "Obligor" means the individual who owes a duty to
make payments under an order for support.
(6) "Obligee" means the individual to whom a duty of
support is owed or the individual's legal representative.
(7) "Payor" means any payor of income to an obligor.
(8) "Public office" means any elected official or any
State or local agency which is or may become responsible by
law for enforcement of, or which is or may become authorized
to enforce, an order for support, including, but not limited
to: the Attorney General, the Illinois Department of Public
Aid, the Illinois Department of Human Services, the Illinois
Department of Children and Family Services, and the various
State's Attorneys, Clerks of the Circuit Court and
supervisors of general assistance.
(9) "Premium" means the dollar amount for which the
obligor is liable to his employer or labor union or trade
union and which must be paid to enroll or maintain a child in
a health insurance plan that is available to the obligor
through an employer or labor union or trade union.
(B) Entry of Order for Support Containing Income
Withholding Provisions; Income Withholding Notice.
(1) In addition to any content required under other
laws, every order for support entered on or after July 1,
1997, shall:
(a) 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
(b) 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
(c) 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.
(2) 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.
(3) The income withholding notice shall:
(a) Be in the standard format prescribed by the
federal Department of Health and Human Services; and
(b) Direct any payor to withhold the dollar amount
required for current support under the order for support;
and
(c) 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
(d) 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
(e) State the amount of the payor income
withholding fee specified under this Section; and
(f) 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
(g) 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
(h) State the rights, remedies, and duties of the
obligor under this Section; and
(i) Include the obligor's Social Security Number;
and
(j) 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.
(4) The accrual of a delinquency as a condition for
service of an income withholding notice, under the exception
to immediate withholding in paragraph (1) of this subsection,
shall apply only to the initial service of an income
withholding notice on a payor of the obligor.
(5) Notwithstanding the exception to immediate
withholding contained in paragraph (1) of this subsection, 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.
(6) If the order for support, under the exception to
immediate withholding contained in paragraph (1) of this
subsection, 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.
(7) 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. Proofs of
service on the payor and the obligor shall be filed with the
Clerk of the Circuit Court.
(8) At any time after the initial service of an income
withholding notice under this Section, any other payor of the
obligor may be served with the same income withholding notice
without further notice to the obligor.
(C) Income Withholding After Accrual of Delinquency.
(1) Whenever an obligor accrues a delinquency, the
obligee or public office may prepare and serve upon the
obligor's payor an income withholding notice that:
(a) Contains the information required under
paragraph (3) of subsection (B); and
(b) Contains a computation of the period and total
amount of the delinquency as of the date of the notice;
and
(c) Directs the payor to withhold the dollar amount
required to be withheld periodically under the order for
support for payment of the delinquency.
(2) The income withholding notice and the obligor's copy
of the income withholding notice shall be served as provided
in paragraph (7) of subsection (B).
(3) The obligor may contest withholding commenced under
this subsection by filing a petition to contest withholding
with the Clerk of the Circuit Court within 20 days after
service of a copy of the income withholding notice on the
obligor. However, the grounds for the petition to contest
withholding shall be limited to:
(a) A dispute concerning the existence or amount of
the delinquency; or
(b) The identity of the obligor.
The Clerk of the Circuit Court shall notify the obligor
and the obligee or public office of the time and place of the
hearing on the petition to contest withholding. The court
shall hold the hearing pursuant to the provisions of
subsection (F).
(D) Initiated Withholding.
(1) Notwithstanding any other provision of this Section,
if the court has not required that income withholding take
effect immediately, the obligee or public office may initiate
withholding, regardless of whether a delinquency has accrued,
by preparing and serving an income withholding notice on the
payor that contains the information required under paragraph
(3) of subsection (B) and states that the parties' written
agreement providing an alternative arrangement to immediate
withholding under paragraph (1) of subsection (B) no longer
ensures payment of support and the reason or reasons why it
does not.
(2) The income withholding notice and the obligor's copy
of the income withholding notice shall be served as provided
in paragraph (7) of subsection (B).
(3) The obligor may contest withholding commenced under
this subsection by filing a petition to contest withholding
with the Clerk of the Circuit Court within 20 days after
service of a copy of the income withholding notice on the
obligor. However, the grounds for the petition shall be
limited to a dispute concerning:
(a) whether the parties' written agreement providing
an alternative arrangement to immediate withholding under
paragraph (1) of subsection (B) continues to ensure
payment of support; or
(b) the identity of the obligor.
It shall not be grounds for filing a petition that the
obligor has made all payments due by the date of the
petition.
(4) If the obligor files a petition contesting
withholding within the 20-day period required under paragraph
(3), the Clerk of the Circuit Court shall notify the obligor
and the obligee or public office, as appropriate, of the time
and place of the hearing on the petition. The court shall
hold the hearing pursuant to the provisions of subsection
(F).
(B) Entry of an Order for Withholding.
(1) Upon entry of any order for support on or after July
1, 1985, the court shall enter a separate order for
withholding which shall not take effect unless the obligor
becomes delinquent in paying the order for support or the
obligor requests an earlier effective date; except that the
court may require the order for withholding to take effect
immediately.
On or after January 1, 1989, the court shall require the
order for withholding to take effect immediately, 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 insures
payment of support. In that case, the court shall enter the
order for withholding which will not take effect unless the
obligor becomes delinquent in paying the order for support.
Upon entry of any order of support on or after September
11, 1989, if the obligor is not a United States citizen, the
obligor shall provide to the court the obligor's alien
registration number, passport number, and home country's
social security or national health number, if applicable; the
court shall make the information part of the record in the
case.
(2) An order for withholding shall be entered upon
petition by the obligee or public office where an order for
withholding has not been previously entered.
(3) The order for withholding shall:
(a) direct any payor to withhold a dollar amount
equal to the order for support; and
(b) direct any payor to withhold an additional
dollar amount, not less than 20% of the order for
support, until payment in full of any delinquency stated
in the notice of delinquency provided for in subsection
(C) or (F) of this Section; and
(c) 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
(d) state the rights, remedies and duties of the
obligor under this Section; and
(e) include the obligor's Social Security Number,
which the obligor shall disclose to the court; and
(f) 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.
(4) At the time the order for withholding is entered,
the Clerk of the Circuit Court shall provide a copy of the
order for withholding and the order for support to the
obligor and shall make copies available to the obligee and
public office. Any copy of the order for withholding
furnished to the parties under this subsection shall be
stamped "Not Valid".
(5) The order for withholding shall remain in effect for
as long as the order for support upon which it is based.
(6) The failure of an order for withholding to state an
arrearage is not conclusive of the issue of whether an
arrearage is owing.
(7) Notwithstanding the provisions of this subsection,
if the court finds at the time of any hearing that arrearage
has accrued in an amount equal to at least one month's
support obligation or that the obligor is 30 days late in
paying all or part of the order for support, the court shall
order immediate service of the order for withholding upon the
payor.
(8) Where the court has not required that the order for
withholding take effect immediately, the obligee or public
office may prepare and serve a notice for immediate
withholding upon the obligor by ordinary mail addressed to
the obligor at his or her last known address. The notice
shall state that the following circumstances have occurred:
(a) The parties' written agreement providing an
alternative arrangement to immediate withholding under
paragraph (1) of this subsection no longer provides for
timely payment of all support due; or
(b) The obligor has not made timely payments in
that the obligor has been at least 7 days late in paying
all or part of the order for support any of the last 6
consecutive dates payments were due prior to the date of
the notice for immediate withholding.
The notice for immediate withholding shall clearly state
that a specially certified copy of the order for withholding
will be sent to the payor, unless the obligor files a
petition contesting immediate withholding within 20 days
after service of the notice; however, the grounds for the
petition shall be limited to a dispute concerning whether the
circumstances stated in the notice have occurred or the
identity of the obligor. It shall not be grounds for the
petition that the obligor has made all payments due by the
date of the petition.
If the obligor files a petition contesting immediate
withholding within the 20-day period required under this
paragraph, the Clerk of the Circuit Court shall notify the
obligor and the obligee or public office, as appropriate, of
the time and place of the hearing on the petition. Upon
hearing the petition, the court shall enter an order granting
or denying relief. It shall not be grounds for granting the
obligor's petition that he or she has made all payments due
by the date of hearing. If the court denies the obligor's
petition, it shall order immediate service of the order for
withholding and direct the clerk to provide a specially
certified copy of the order for withholding to the obligee or
public office indicating that the requirements for immediate
withholding under this paragraph have been met.
If the obligor does not file a petition contesting
immediate withholding within the 20-day period, the obligee
or public office shall file with the Clerk of the Circuit
Court an affidavit, with a copy of the notice for immediate
withholding attached thereto, stating that the notice was
duly served and the date on which service was effected, and
that the obligor has not filed a petition contesting
immediate withholding. The clerk shall then provide to the
obligee or public office a specially certified copy of the
order for withholding indicating that the requirements for
immediate withholding under this paragraph have been met.
Upon receipt of a specially certified copy of the order
for withholding, the obligee or public office may serve the
order on the payor, its superintendent, manager or other
agent, by certified mail or personal delivery. A proof of
service shall be filed with the Clerk of the Circuit Court.
(C) Notice of Delinquency.
(1) Whenever an obligor becomes delinquent in payment of
an amount equal to at least one month's support obligation
pursuant to the order for support or is at least 30 days late
in complying with all or part of the order for support,
whichever occurs first, the obligee or public office may
prepare and serve a verified notice of delinquency, together
with a form petition to stay service, pursuant to paragraph
(3) of this subsection.
(2) The notice of delinquency shall recite the terms of
the order for support and contain a computation of the period
and total amount of the delinquency, as of the date of the
notice. The notice shall clearly state that it will be sent
to the payor, together with a specially certified copy of the
order for withholding, except as provided in subsection (F),
unless the obligor files a petition to stay service in
accordance with paragraph (1) of subsection (D).
(3) The notice of delinquency shall be served by
ordinary mail addressed to the obligor at his or her last
known address.
(4) The obligor may execute a written waiver of the
provisions of paragraphs (1) through (3) of this subsection
and request immediate service upon the payor.
(D) Procedures to Avoid Income Withholding.
(1) Except as provided in subsection (F), the obligor
may prevent an order for withholding from being served by
filing a petition to stay service with the Clerk of the
Circuit Court, within 20 days after service of the notice of
delinquency; however, the grounds for the petition to stay
service shall be limited to a dispute concerning: (a) the
amount of current support or the existence or amount of the
delinquency; or (b) the identity of the obligor.
The Clerk of the Circuit Court shall notify the obligor
and the obligee or public office, as appropriate, of the time
and place of the hearing on the petition to stay service. The
court shall hold such hearing pursuant to the provisions of
subsection (H).
(2) Except as provided in subsection (F), filing of a
petition to stay service, within the 20-day period required
under this subsection, shall prohibit the obligee or public
office from serving the order for withholding on any payor of
the obligor.
(E) Initial Service of Order for Withholding.
(1) Except as provided in subsection (F), in order to
serve an order for withholding upon a payor, an obligee or
public office shall follow the procedures set forth in this
subsection. After 20 days following service of the notice of
delinquency, the obligee or public office shall file with the
Clerk of the Circuit Court an affidavit, with the copy of the
notice of delinquency attached thereto, stating:
(a) that the notice of delinquency has been duly
served and the date on which service was effected; and
(b) that the obligor has not filed a petition to
stay service, or in the alternative
(c) that the obligor has waived the provisions of
subparagraphs (a) and (b) of this paragraph (1) in
accordance with subsection (C)(4).
(2) Upon request of the obligee or public office, the
Clerk of the Circuit Court shall: (a) make available any
record of payment; and (b) determine that the file contains a
copy of the affidavit described in paragraph (1). The Clerk
shall then provide to the obligee or public office a
specially certified copy of the order for withholding and the
notice of delinquency indicating that the preconditions for
service have been met.
(3) The obligee or public office may then serve the
notice of delinquency and order for withholding on the payor,
its superintendent, manager or other agent, by certified mail
or personal delivery. A proof of service shall be filed with
the Clerk of the Circuit Court.
(F) Subsequent Service of Order for Withholding.
(1) Notwithstanding the provisions of this Section, at
any time after the court has ordered immediate service of an
order for withholding or after initial service of an order
for withholding pursuant to subsection (E), the obligee or
public office may serve the order for withholding upon any
payor of the obligor without further notice to the obligor.
The obligee or public office shall provide notice to the
payor, pursuant to paragraph (6) of subsection (I), of any
payments that have been made through previous withholding or
any other method.
(2) The Clerk of the Circuit Court shall, upon request,
provide the obligee or public office with specially certified
copies of the order for withholding or the notice of
delinquency or both whenever the Court has ordered immediate
service of an order for withholding or an affidavit has been
placed in the court file indicating that the preconditions
for service have been previously met. The obligee or public
office may then serve the order for withholding on the payor,
its superintendent, manager or other agent by certified mail
or personal delivery. A proof of service shall be filed with
the Clerk of the Circuit Court.
(3) If a delinquency has accrued for any reason, the
obligee or public office may serve a notice of delinquency
upon the obligor pursuant to subsection (C). The obligor may
prevent the notice of delinquency from being served upon the
payor by utilizing the procedures set forth in subsection
(D). If no petition to stay service has been filed within the
required 20 day time period, the obligee or public office may
serve the notice of delinquency on the payor by utilizing the
procedures for service set forth in subsection (E).
(E) (G) Duties of Payor.
(1) It shall be the duty of any payor who has been
served with an income withholding a copy of the specially
certified order for withholding and any notice of delinquency
to deduct and pay over income as provided in this subsection.
The payor shall deduct the amount designated in the income
order for withholding notice, as supplemented by the notice
of delinquency and any notice provided pursuant to paragraph
(6) of subsection (G) (I), 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 order and any notice was were mailed, sent by
facsimile or other electronic means, by certified mail 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 obligee or public office 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 10 calendar days of
the date income is paid to the obligor in accordance with the
order for withholding and any subsequent notification
received from the public office redirecting payments. If the
payor knowingly fails to pay any amount withheld to the
obligee or public office within 7 business days after the
date the amount would have been 10 calendar days of the date
income is paid or credited to the obligor, the payor shall
pay a penalty of $100 for each day that the withheld amount
is not paid to the obligee or public office after the period
of 7 business 10 calendar days has expired. The failure of a
payor, on more than one occasion, to pay amounts withheld to
the obligee or public office within 7 business days after the
date the amount would have been 10 calendar days of the date
income is 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. For purposes of this Section, 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
obligee or public office, 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 income was
paid from which support was withheld.
Upon receipt of an income withholding notice order
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 court order. 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.
(2) Whenever the obligor is no longer receiving income
from the payor, the payor shall return a copy of the income
order for withholding notice to the obligee or public office
and shall provide information for the purpose of enforcing
this Section.
(3) Withholding of income under this Section 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 Section shall
not be in excess of the maximum amounts permitted under the
federal Consumer Credit Protection Act. If the payor has been
served with more than one income order for 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. If there
is any income available for withholding after withholding for
all current support obligations, the payor shall allocate the
income to past due support payments ordered in cases in which
cash assistance under the Illinois Public Aid Code is not
being provided to the obligee non-AFDC matters and then to
past due support payments ordered in cases in which cash
assistance under the Illinois Public Aid Code is being
provided to the obligee AFDC matters, both on a proportionate
share basis. 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. Payment as required by the order for withholding
shall be a complete defense by the payor against any claims
of the obligor or his creditors as to the sum so paid.
(4) No payor shall discharge, discipline, refuse to hire
or otherwise penalize any obligor because of the duty to
withhold income.
(F) (H) Petitions to Contest Withholding Stay Service or to
Modify, Suspend, or Terminate, or Correct Income Orders for
Withholding Notices.
(1) When an obligor files a petition to contest
withholding stay service, the court, after due notice to all
parties, shall hear the matter as soon as practicable and
shall enter an order granting or denying relief, ordering
service of an amended income withholding notice amending the
notice of delinquency, amending the order for withholding,
where applicable, or otherwise resolving the matter.
The court shall deny the obligor's petition if the court
finds that when the income withholding notice was mailed,
sent by facsimile transmission or other electronic means, or
placed for personal delivery to or service on the payor:
(a) A delinquency existed; or
(b) The parties' written agreement providing an
alternative arrangement to immediate withholding under
paragraph (1) of subsection (B) no longer ensured payment
of support. If the court finds that a delinquency existed
when the notice of delinquency was served upon the
obligor, in an amount of at least one month's support
obligation, or that the obligor was at least 30 days late
in paying all or part of the order for support, the court
shall order immediate service of the order for
withholding. Where the court cannot promptly resolve any
dispute over the amount of the delinquency, the court may
order immediate service of the order for withholding as
to any undisputed amounts specified in an amended notice
of delinquency, and may continue the hearing on the
disputed amounts.
(2) At any time, an obligor, obligee, public office or
Clerk of the Circuit Court may petition the court to:
(a) modify, suspend or terminate the income order
for withholding notice because of a modification,
suspension or termination of the underlying order for
support; or
(b) modify the amount of income to be withheld to
reflect payment in full or in part of the delinquency or
arrearage by income withholding or otherwise; or
(c) suspend the income order for withholding notice
because of inability to deliver income withheld to the
obligee due to the obligee's failure to provide a mailing
address or other means of delivery.
(3) At any time an obligor may petition the court to
correct a term contained in an income withholding notice to
conform to that stated in the underlying order for support
for:
(a) The amount of current support;
(b) The amount of the arrearage;
(c) The periodic amount for payment of the
arrearage; or
(d) The periodic amount for payment of the
delinquency.
(4) (3) The obligor, obligee or public office shall
serve on the payor, in the manner provided for service of
income withholding notices in paragraph (7) of subsection (B)
by certified mail or personal delivery, a copy of any order
entered pursuant to this subsection that affects the duties
of the payor.
(5) (4) At any time, a public office or Clerk of the
Circuit Court may serve a notice on the payor to:
(a) Cease withholding of income for payment of
current support for a child when the support obligation
for that child has automatically ceased under the order
for support through emancipation or otherwise; or
(b) Cease withholding of income for payment of
delinquency or arrearage when the delinquency or
arrearage has been paid in full.
(6) (5) The notice provided for under paragraph (5) (4)
of this subsection shall be served on the payor in the manner
provided for service of income withholding notices in
paragraph (7) of subsection (B) by ordinary mail, and a copy
shall be provided to the obligor and the obligee. A copy of
the notice shall be filed with the Clerk of the Circuit
Court.
(7) (6) The income order for withholding notice shall
continue to be binding upon the payor until service of an
amended income withholding notice or any order of the court
or notice entered or provided for under this subsection.
(G) (I) Additional Duties.
(1) An obligee who is receiving income withholding
payments under this Section shall notify the payor, if the
obligee receives the payments directly from the payor, or the
public office or the Clerk of the Circuit Court, as
appropriate, of any change of address within 7 days of such
change.
(2) An obligee who is a recipient of public aid shall
send a copy of any income withholding notice served by the
obligee of delinquency filed pursuant to subsection (C) to
the Division Bureau of Child Support Enforcement of the
Illinois Department of Public Aid.
(3) Each obligor shall notify the obligee, the public
office, and the Clerk of the Circuit Court of any change of
address within 7 days.
(4) An obligor whose income is being withheld or who has
been served with a notice of delinquency pursuant to this
Section shall notify the obligee, the public office, and the
Clerk of the Circuit Court of any new payor, within 7 days.
(5) When the Illinois Department of Public Aid is no
longer authorized to receive payments for the obligee, it
shall, within 7 days, notify the payor or, where appropriate,
the Clerk of the Circuit Court, to redirect income
withholding payments to the obligee.
(6) The obligee or public office shall provide notice to
the payor and Clerk of the Circuit Court of any other support
payment made, including but not limited to, a set-off under
federal and State law or partial payment of the delinquency
or arrearage, or both.
(7) Any public office and Clerk of the Circuit Court
which collects, disburses or receives payments pursuant to
income orders for withholding notices shall maintain
complete, accurate, and clear records of all payments and
their disbursements. Certified copies of payment records
maintained by a public office or Clerk of the Circuit Court
shall, without further proof, be admitted into evidence in
any legal proceedings under this Section.
(8) The Illinois Department of Public Aid shall design
suggested legal forms for proceeding under this Section and
shall make available to the courts such forms and
informational materials which describe the procedures and
remedies set forth herein for distribution to all parties in
support actions.
(9) At the time of transmitting each support payment,
the clerk of the circuit court shall provide the obligee or
public office, as appropriate, with any information furnished
by the payor as to the date the amount would (but for the
duty to withhold income) have been paid or credited to the
obligor income was paid from which such support was withheld.
(H) (J) Penalties.
(1) Where a payor wilfully fails to withhold or pay over
income pursuant to a properly served income withholding
notice, specially certified order for withholding and any
notice of delinquency, or wilfully discharges, disciplines,
refuses to hire or otherwise penalizes an obligor as
prohibited by subsection (E) (G), or otherwise fails to
comply with any duties imposed by this Section, 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:
(a) shall enter judgment and order the enforcement
thereof for the total amount that the payor wilfully
failed to withhold or pay over; and
(b) 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.
(2) Any obligee, public office or obligor who wilfully
initiates a false proceeding under this Section or who
wilfully fails to comply with the requirements of this
Section shall be punished as in cases of contempt of court.
(I) Alternative Procedures for Service of an Income
Withholding Notice.
(1) The procedures of this subsection may be used in any
matter to serve an income withholding notice on a payor if:
(a) For any reason the most recent order for
support entered does not contain the income withholding
provisions required under subsection (B), irrespective of
whether a separate order for withholding was entered
prior to July 1, 1997; and
(b) The obligor has accrued a delinquency after
entry of the most recent order for support.
(2) The obligee or public office shall prepare and serve
the income withholding notice in accordance with the
provisions of subsection (C), except that the notice shall
contain a periodic amount for payment of the delinquency
equal to 20% of the total of the current support amount and
the amount to be paid periodically for payment of any
arrearage stated in the most recent order for support.
(3) If the obligor requests in writing that income
withholding become effective prior to the obligor accruing a
delinquency under the most recent order for support, the
obligee or public office may prepare and serve an income
withholding notice on the payor as provided in subsection
(B). In addition to filing proofs of service of the income
withholding notice on the payor and the obligor, the obligee
or public office shall file a copy of the obligor's written
request for income withholding with the Clerk of the Circuit
Court.
(4) All other provisions of this Section shall be
applicable with respect to the provisions of this subsection
(I).
(K) Alternative Procedures for Entry and Service of an Order
for Withholding.
(1) Effective January 1, 1987, in any matter in which an
order for withholding has not been entered for any reason,
based upon the last order for support that has been entered,
and in which the obligor has become delinquent in payment of
an amount equal to at least one month's support obligation
pursuant to the last order for support or is at least 30 days
late in complying with all or part of the order for support,
the obligee or public office may prepare and serve an order
for withholding pursuant to the procedures set forth in this
subsection.
(2) The obligee or public office shall:
(a) prepare a proposed order for withholding for
immediate service as provided by paragraphs (1) and (3)
of subsection (B), except that the minimum 20%
delinquency payment shall be used;
(b) prepare a notice of delinquency as provided by
paragraphs (1) and (2) of subsection (C), except the
notice shall state further that the order for withholding
has not been entered by the court and the conditions
under which the order will be entered; and
(c) serve the notice of delinquency and form
petition to stay service as provided by paragraph (3) of
subsection (C), together with the proposed order for
withholding, which shall be marked "COPY ONLY".
(3) After 20 days following service of the notice of
delinquency and proposed order for withholding, in lieu of
the provisions of subsection (E), the obligee or public
office shall file with the Clerk of the Circuit Court an
affidavit, with a copy of the notice of delinquency and
proposed order for withholding attached thereto, stating
that:
(a) the notice of delinquency and proposed order
for withholding have been served upon the obligor and the
date on which service was effected;
(b) the obligor has not filed a petition to stay
service within 20 days of service of such notice and
order; and
(c) the proposed order for withholding accurately
states the terms and amounts contained in the last order
for support.
(4) Upon the court's satisfaction that the procedures
set forth in this subsection have been met, it shall enter
the order for withholding.
(5) The Clerk shall then provide to the obligee or
public office a specially certified copy of the order for
withholding and the notice of delinquency indicating that the
preconditions for service have been met.
(6) The obligee or public office shall serve the
specially certified copies of the order for withholding and
the notice of delinquency on the payor, its superintendent,
manager or other agent by certified mail or personal
delivery. A proof of service shall be filed with the Clerk
of the Circuit Court.
(7) If the obligor requests in writing that income
withholding become effective prior to becoming delinquent in
payment of an amount equal to one month's support obligation
pursuant to the last order for support, or prior to becoming
30 days late in paying all or part of the order for support,
the obligee or public office shall file an affidavit with the
Clerk of the circuit Court, with a proposed order for
withholding attached, stating that the proposed order
accurately states the terms and amounts contained in the last
order for support and the obligor's request for immediate
service. The provisions of paragraphs (4) through (6) of this
subsection shall apply, except that a notice of delinquency
shall not be required.
(8) All other provisions of this Section shall be
applicable with respect to the provisions of this subsection
(K), except that under paragraph (1) of subsection (H), the
court may also amend the proposed order for withholding to
conform to the last order for support.
(9) Nothing in this subsection shall be construed as
limiting the requirements of paragraph (1) of subsection (B)
with respect to the entry of a separate order for withholding
upon entry of any order for support.
(J) (L) Remedies in Addition to Other Laws.
(1) The rights, remedies, duties and penalties created
by this Section are in addition to and not in substitution
for any other rights, remedies, duties and penalties created
by any other law.
(2) Nothing in this Section shall be construed as
invalidating any assignment of wages or benefits executed
prior to July 1, 1985 or any order for withholding served
prior to July 1, 1997.
(Source: P.A. 88-26; 88-45; 88-94; 88-131; 88-307; 88-670,
eff. 12-2-94; 89-507, eff. 7-1-97.)
(750 ILCS 45/21) (from Ch. 40, par. 2521)
Sec. 21. Support payments; receiving and disbursing
agents.
(1) In an action filed in counties of less than 3
million population in which an order for child support is
entered, and in supplementary proceedings in such counties to
enforce or vary the terms of such order arising out of an
action filed in such counties, the court, except in actions
or supplementary proceedings in which the pregnancy and
delivery expenses of the mother or the child support payments
are for a recipient of aid under the Illinois Public Aid
Code, shall direct that child support payments be made to the
clerk of the court unless in the discretion of the court
exceptional circumstances warrant otherwise. In cases where
payment is to be made to persons other than the clerk of the
court the judgment or order of support shall set forth the
facts of the exceptional circumstances.
(2) In an action filed in counties of 3 million or more
population in which an order for child support is entered,
and in supplementary proceedings in such counties to enforce
or vary the terms of such order arising out of an action
filed date in such counties, the court, except in actions or
supplementary proceedings in which the pregnancy and delivery
expenses of the mother or the child support payments are for
a recipient of aid under the Illinois Public Aid Code, shall
direct that child support payments be made either to the
clerk of the court or to the Court Service Division of the
County Department of Public Aid, or to the clerk of the court
or to the Illinois Department of Public Aid, unless in the
discretion of the court exceptional circumstances warrant
otherwise. In cases where payment is to be made to persons
other than the clerk of the court, the Court Service Division
of the County Department of Public Aid, or the Illinois
Department of Public Aid, the judgment or order of support
shall set forth the facts of the exceptional circumstances.
(3) Where the action or supplementary proceeding is in
behalf of a mother for pregnancy and delivery expenses or for
child support, or both, and the mother, child, or both, are
recipients of aid under the Illinois Public Aid Code, the
court shall order that the payments be made directly to (a)
the Illinois Department of Public Aid if the mother or child,
or both, are recipients under Articles IV or V of the Code,
or (b) the local governmental unit responsible for the
support of the mother or child, or both, if they are
recipients under Articles VI or VII of the Code. In
accordance with federal law and regulations, the Illinois
Department of Public Aid may continue to collect current
maintenance payments or child support payments, or both,
after those persons cease to receive public assistance and
until termination of services under Article X of the Illinois
Public Aid Code. The Illinois Department of Public Aid shall
pay the net amount collected to those persons after deducting
any costs incurred in making the collection or any collection
fee from the amount of any recovery made. The Illinois
Department of Public Aid or the local governmental unit, as
the case may be, may direct that payments be made directly to
the mother of the child, or to some other person or agency in
the child's behalf, upon the removal of the mother and child
from the public aid rolls or upon termination of services
under Article X of the Illinois Public Aid Code; and upon
such direction, the Illinois Department or the local
governmental unit, as the case requires, shall give notice of
such action to the court in writing or by electronic
transmission.
(4) All clerks of the court and the Court Service
Division of a County Department of Public Aid and the
Illinois Department of Public Aid, receiving child support
payments under paragraphs (1) or (2) shall disburse the same
to the person or persons entitled thereto under the terms of
the order. They shall establish and maintain clear and
current records of all moneys received and disbursed and of
defaults and delinquencies in required payments. The court,
by order or rule, shall make provision for the carrying out
of these duties.
In cases in which a party is receiving child and spouse
support services under Article X of the Illinois Public Aid
Code and the order for support provides that child support
payments be made to the obligee, the Illinois Department of
Public Aid may provide notice to the obligor and the
obligor's payor, when income withholding is in effect under
Section 20 of this Act, to make all payments after receipt of
the Department's notice to the clerk of the court until
further notice by the Department or order of the court.
Copies of the notice shall be provided to the obligee and the
clerk. The clerk's copy shall contain a proof of service on
the obligor and the obligor's payor, where applicable. The
clerk shall file the clerk's copy of the notice in the court
file. The notice to the obligor and the payor, if applicable,
may be sent by ordinary mail, certified mail, return receipt
requested, facsimile transmission, or other electronic
process, or may be served upon the obligor or payor using any
method provided by law for service of a summons. An obligor
who fails to comply with a notice provided under this
paragraph is guilty of a Class B misdemeanor. A payor who
fails to comply with a notice provided under this paragraph
is guilty of a business offense and subject to a fine of up
to $1,000.
Upon notification in writing or by electronic
transmission from the Illinois Department of Public Aid to
the clerk of the court that a person who is receiving support
payments under this Section is receiving services under the
Child Support Enforcement Program established by Title IV-D
of the Social Security Act, any support payments subsequently
received by the clerk of the court shall be transmitted in
accordance with the instructions of the Illinois Department
of Public Aid until the Department gives notice to cease the
transmittal. After providing the notification authorized
under this paragraph, the Illinois Department of Public Aid
shall be entitled as a party to notice of any further
proceedings in the case. The clerk of the court shall file a
copy of the Illinois Department of Public Aid's notification
in the court file. The failure of the clerk to file a copy
of the notification in the court file shall not, however,
affect the Illinois Department of Public Aid's right to
receive notice of further proceedings.
Payments under this Section to the Illinois Department of
Public Aid pursuant to the Child Support Enforcement Program
established by Title IV-D of the Social Security Act shall be
paid into the Child Support Enforcement Trust Fund. All
other payments under this Section to the Illinois Department
of Public Aid shall be deposited in the Public Assistance
Recoveries Trust Fund. Disbursement from these funds shall
be as provided in the Illinois Public Aid Code. Payments
received by a local governmental unit shall be deposited in
that unit's General Assistance Fund.
(5) The moneys received by persons or agencies
designated by the court shall be disbursed by them in
accordance with the order. However, the court, on petition
of the state's attorney, may enter new orders designating the
clerk of the court or the Illinois Department of Public Aid,
as the person or agency authorized to receive and disburse
child support payments and, in the case of recipients of
public aid, the court, on petition of the Attorney General or
State's Attorney, shall direct subsequent payments to be paid
to the Illinois Department of Public Aid or to the
appropriate local governmental unit, as provided in paragraph
(3). Payments of child support by principals or sureties on
bonds, or proceeds of any sale for the enforcement of a
judgment shall be made to the clerk of the court, the
Illinois Department of Public Aid or the appropriate local
governmental unit, as the respective provisions of this
Section require.
(6) For those cases in which child support is payable to
the clerk of the circuit court for transmittal to the
Illinois Department of Public Aid by order of court or upon
notification by the Illinois Department of Public Aid, the
clerk shall transmit all such payments, within 4 working days
of receipt, to insure that funds are available for immediate
distribution by the Department to the person or entity
entitled thereto in accordance with standards of the Child
Support Enforcement Program established under Title IV-D of
the Social Security Act. The clerk shall notify the
Department of the date of receipt and amount thereof at the
time of transmittal. Where the clerk has entered into an
agreement of cooperation with the Department to record the
terms of child support orders and payments made thereunder
directly into the Department's automated data processing
system, the clerk shall account for, transmit and otherwise
distribute child support payments in accordance with such
agreement in lieu of the requirements contained herein.
(Source: P.A. 88-687, eff. 1-24-95.)
(750 ILCS 45/27 new)
Sec. 27. Other states' establishments of paternity.
Establishments of paternity made under the laws of other
states shall be given full faith and credit in this State
regardless of whether paternity was established through
voluntary acknowledgment, tests to determine inherited
characteristics, or judicial or administrative processes.
Section 130. The Business Corporation Act of 1983 is
amended by changing Section 1.25 as follows:
(805 ILCS 5/1.25) (from Ch. 32, par. 1.25)
Sec. 1.25. List of corporations; exchange of
information.
(a) The Secretary of State shall publish each year a list
of corporations filing an annual report for the preceding
year in accordance with the provisions of this Act, which
report shall state the name of the corporation and the
respective names and addresses of the president, secretary,
and registered agent thereof and the address of the
registered office in this State of each such corporation. The
Secretary of State shall furnish without charge a copy of
such report to each recorder of this State, and to each
member of the General Assembly and to each State agency or
department requesting the same. The Secretary of State shall,
upon receipt of a written request and a fee as determined by
the Secretary, furnish such report to anyone else.
(b) (1) The Secretary of State shall publish daily a
list of all newly formed corporations, business and not for
profit, chartered by him on that day issued after receipt of
the application. The daily list shall contain the same
information as to each corporation as is provided for the
corporation list published under subsection (a) of this
Section. The daily list may be obtained at the Secretary's
office by any person, newspaper, State department or agency,
or local government for a reasonable charge to be determined
by the Secretary. Inspection of the daily list may be made
at the Secretary's office during normal business hours
without charge by any person, newspaper, State department or
agency, or local government.
(2) The Secretary shall compile the daily list mentioned
in paragraph (1) of subsection (b) of this Section monthly,
or more often at the Secretary's discretion. The compilation
shall be immediately mailed free of charge to all local
governments requesting in writing receipt of such
publication, or shall be automatically mailed by the
Secretary without charge to local governments as determined
by the Secretary. The Secretary shall mail a copy of the
compilations free of charge to all State departments or
agencies making a written request. A request for a
compilation of the daily list once made by a local government
or State department or agency need not be renewed. However,
the Secretary may request from time to time whether the local
governments or State departments or agencies desire to
continue receiving the compilation.
(3) The compilations of the daily list mentioned in
paragraph (2) of subsection (b) of this Section shall be
mailed to newspapers, or any other person not included as a
recipient in paragraph (2) of subsection (b) of this Section,
upon receipt of a written application signed by the applicant
and accompanied by the payment of a fee as determined by the
Secretary.
(c) If a domestic or foreign corporation has filed with
the Secretary of State an annual report for the preceding
year or has been newly formed or is otherwise and in any
manner registered with the Secretary of State, the Secretary
of State shall exchange with the Illinois Department of
Public Aid any information concerning that corporation that
may be necessary for the enforcement of child support orders
entered pursuant to the Illinois Public Aid Code, the
Illinois Marriage and Dissolution of Marriage Act, the
Non-Support of Spouse and Children Act, the Revised Uniform
Reciprocal Enforcement of Support Act, the Uniform Interstate
Family Support Act, or the Illinois Parentage Act of 1984.
Notwithstanding any provisions in this Act to the
contrary, the Secretary of State shall not be liable to any
person for any disclosure of information to the Illinois
Department of Public Aid under this subsection or for any
other action taken in good faith to comply with the
requirements of this subsection.
(Source: P.A. 83-1362.)
Section 135. The General Not For Profit Corporation Act
of 1986 is amended by changing Section 101.25 as follows:
(805 ILCS 105/101.25) (from Ch. 32, par. 101.25)
Sec. 101.25. Lists of corporations; exchange of
information.
(a) The Secretary of State shall include in his or her
daily publication lists of business corporations formed on
that day as provided in paragraph (1) of subsection (b) of
Section 1.25 of the Business Corporation Act of 1983 all
not-for-profit corporations formed on the day of publication
of such lists.
(b) The Secretary of State shall include among
information to be exchanged with the Illinois Department of
Public Aid, as provided in subsection (c) of Section 1.25 of
the Business Corporation Act of 1983, information regarding
all not-for-profit corporations formed pursuant to this Act.
(Source: P.A. 84-1423.)
Section 140. The Limited Liability Company Act is
amended by changing Section 50-5 as follows:
(805 ILCS 180/50-5)
Sec. 50-5. List of limited liability companies; exchange
of information.
(a) The Secretary of State may publish a list or lists
of limited liability companies and foreign limited liability
companies, as often, in the format, and for the fees as the
Secretary of State may in his or her discretion provide by
rule. The Secretary of State may disseminate information
concerning limited liability companies and foreign limited
liability companies by computer network in the format and for
the fees as may be determined by rule.
(b) Upon written request, any list published under
subsection (a) shall be free to each member of the General
Assembly, to each State agency or department, and to each
recorder in this State. An appropriate fee established by
rule to cover the cost of producing the list shall be charged
to all others.
(c) If a domestic or foreign limited liability company
has filed with the Secretary of State an annual report for
the preceding year or has been newly formed or is otherwise
and in any manner registered with the Secretary of State, the
Secretary of State shall exchange with the Illinois
Department of Public Aid any information concerning that
limited liability company that may be necessary for the
enforcement of child support orders entered pursuant to the
Illinois Public Aid Code, the Illinois Marriage and
Dissolution of Marriage Act, the Non-Support of Spouse and
Children Act, the Revised Uniform Reciprocal Enforcement of
Support Act, the Uniform Interstate Family Support Act, or
the Illinois Parentage Act of 1984.
Notwithstanding any provisions in this Act to the
contrary, the Secretary of State shall not be liable to any
person for any disclosure of information to the Illinois
Department of Public Aid under this subsection or for any
other action taken in good faith to comply with the
requirements of this subsection.
(Source: P.A. 87-1062.)
Section 990. Emergency rules to implement amendatory
changes. This Section applies only to rules taking effect
July 1, 1997, filed to implement changes to the child support
enforcement program under Title III of the Personal
Responsibility and Work Opportunity Reconciliation Act of
1996. The Illinois Department of Public Aid may implement the
amendatory changes made by this Act and any other changes
made as the result of implementing the changes to the child
support enforcement program under Titles I and III of the
Personal Responsibility and Work Opportunity Reconciliation
Act of 1996 (P.L. 104-193) through the use of emergency rules
in accordance with the provisions of Section 5-45 of the
Illinois Administrative Procedure Act. For purposes of the
Illinois Administrative Procedure Act, the adoption of rules
to implement these changes shall be deemed an emergency and
necessary for the public interest, safety, and welfare.
Section 995. No acceleration or delay. Where this Act
makes changes in a statute that is represented in this Act by
text that is not yet or no longer in effect (for example, a
Section represented by multiple versions), the use of that
text does not accelerate or delay the taking effect of (i)
the changes made by this Act or (ii) provisions derived from
any other Public Act.
Section 999. Effective date. This Act takes effect on
July 1, 1997.