Public Act 90-0673 of the 90th General Assembly

State of Illinois
Public Acts
90th General Assembly

[ Home ] [ Public Acts ] [ ILCS ] [ Search ] [ Bottom ]


Public Act 90-0673

HB3048 Enrolled                                LRB9007060SMfg

    AN ACT regarding enforcement of support orders.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  1.   Short  title.  This Act may be cited as the
Income Withholding for Support Act.

    Section 5. Purpose; intent.  This Act consolidates into a
single new Act the lengthy and  nearly  identical  provisions
relating to income withholding for support that were formerly
contained in Section 10-16.2 of the Illinois Public Aid Code,
Section  706.1  of  the  Illinois Marriage and Dissolution of
Marriage Act, Section 4.1 of the Non-Support  of  Spouse  and
Children Act, and Section 20 of the Illinois Parentage Act of
1984.   It  also  divides  the  consolidated  provisions into
smaller Sections for ease of use  and  future  amendment  and
makes  technical  corrections.   This  Act  is  intended as a
continuation  of  the  consolidated   provisions,   and   the
consolidation  is not intended to make any substantive change
in the law nor to affect any order issued under  any  of  the
consolidated provisions.

    Section 15.  Definitions.
    (a)  "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:
         (1)  modification or resumption of,  or  payment  of
    arrearage accrued under, a previously existing order;
         (2)  reimbursement of support;
         (3)  payment  or  reimbursement  of  the expenses of
    pregnancy and delivery (for orders  for  support  entered
    under   the   Illinois  Parentage  Act  of  1984  or  its
    predecessor the Paternity Act); or
         (4)  enrollment in a health insurance plan  that  is
    available  to  the  obligor  through an employer or labor
    union or trade union.
    (b)  "Arrearage" means the total amount of unpaid support
obligations as determined by the court and incorporated  into
an order for support.
    (c)  "Delinquency"  means  any payment under an order for
support which becomes due and remains unpaid after  entry  of
the order for support.
    (d)  "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:
         (1)  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;
         (2)  union dues;
         (3)  any  amounts  exempted  by the federal Consumer
    Credit Protection Act;
         (4)  public assistance payments; and
         (5)  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.
    (e)  "Obligor"  means  the  individual who owes a duty to
make payments under an order for support.
    (f)  "Obligee" means the individual to  whom  a  duty  of
support is owed or the individual's legal representative.
    (g)  "Payor" means any payor of income to an obligor.
    (h)  "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.
    (i)  "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.

    Section 20.  Entry of order for support containing income
withholding provisions; income withholding notice.
    (a)  In addition to  any  content  required  under  other
laws,  every  order  for  support entered on or after July 1,
1997, shall:
         (1)  Require an  income  withholding  notice  to  be
    prepared  and  served  immediately  upon any payor of the
    obligor by the obligee or public office, unless a written
    agreement is reached between and signed by  both  parties
    providing  for  an  alternative arrangement, approved and
    entered into the  record  by  the  court,  which  ensures
    payment  of support.  In that case, the order for support
    shall provide that an income withholding notice is to  be
    prepared   and   served   only  if  the  obligor  becomes
    delinquent in paying the order for support; and
         (2)  Contain  a  dollar  amount  to  be  paid  until
    payment in full of any  delinquency  that  accrues  after
    entry  of  the order for support.  The amount for payment
    of delinquency shall not be less than 20% of the total of
    the current support amount and  the  amount  to  be  paid
    periodically  for  payment of any arrearage stated in the
    order for support; and
         (3)  Include the obligor's Social  Security  Number,
    which  the  obligor  shall  disclose to the court. If the
    obligor is not a United States citizen, the obligor shall
    disclose to the court, and the court shall include in the
    order  for  support,  the  obligor's  alien  registration
    number,  passport  number,  and  home  country's   social
    security or national health number, if applicable.
    (b)  At  the  time  the order for support is entered, the
Clerk of the Circuit Court shall provide a copy of the  order
to the obligor and shall make copies available to the obligee
and public office.
    (c)  The income withholding notice shall:
         (1)  be  in  the  standard  format prescribed by the
    federal Department of Health and Human Services; and
         (2)  direct any payor to withhold the dollar  amount
    required for current support under the order for support;
    and
         (3)  direct  any payor to withhold the dollar amount
    required to be paid  periodically  under  the  order  for
    support for payment of the amount of any arrearage stated
    in the order for support; and
         (4)  direct  any payor or labor union or trade union
    to enroll a child as a beneficiary of a health  insurance
    plan and withhold or cause to be withheld, if applicable,
    any required premiums; and
         (5)  state   the   amount   of   the   payor  income
    withholding fee specified under this Section; and
         (6)  state that the amount  actually  withheld  from
    the  obligor's  income  for  support  and other purposes,
    including the payor withholding fee specified under  this
    Section,  may  not  be  in  excess  of the maximum amount
    permitted under the federal  Consumer  Credit  Protection
    Act; and
         (7)  state the duties of the payor and the fines and
    penalties for failure to withhold and pay over income and
    for  discharging,  disciplining,  refusing  to  hire,  or
    otherwise  penalizing  the obligor because of the duty to
    withhold and pay over income under this Section; and
         (8)  state the rights, remedies, and duties  of  the
    obligor under this Section; and
         (9)  include  the  obligor's Social Security Number;
    and
         (10)  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.
    (d)  The  accrual  of  a  delinquency  as a condition for
service of an income withholding notice, under the  exception
to  immediate  withholding in subsection (a) of this Section,
shall  apply  only  to  the  initial  service  of  an  income
withholding notice on a payor of the obligor.
    (e)  Notwithstanding   the   exception    to    immediate
withholding  contained  in subsection (a) of this Section, if
the court finds at the time of any hearing that an  arrearage
has  accrued,  the  court shall order immediate service of an
income withholding notice upon the payor.
    (f)  If the order for support,  under  the  exception  to
immediate  withholding  contained  in  subsection (a) of this
Section, provides that an income withholding notice is to  be
prepared and served only if the obligor becomes delinquent in
paying  the  order  for  support,  the  obligor may execute a
written  waiver  of  that  condition  and  request  immediate
service on the payor.
    (g)  The obligee or public office may  serve  the  income
withholding  notice  on  the  payor  or  its  superintendent,
manager,  or  other  agent by ordinary mail or certified mail
return receipt requested, by facsimile transmission or  other
electronic  means,  by  personal  delivery,  or by any method
provided by law for service of a summons.   At  the  time  of
service  on  the  payor  and  as  notice that withholding has
commenced, the obligee or public office shall serve a copy of
the income withholding notice on the obligor by ordinary mail
addressed to his  or  her  last  known  address.   Proofs  of
service  on the payor and the obligor shall be filed with the
Clerk of the Circuit Court.
    (h)  At any time after the initial service of  an  income
withholding  notice,  any  other  payor of the obligor may be
served  with  the  same  income  withholding  notice  without
further notice to the obligor.
    (i)  New service of an income withholding notice  is  not
required in order to resume withholding of income in the case
of  an  obligor  with  respect  to whom an income withholding
notice was previously served on the payor if  withholding  of
income  was  terminated  because  of  an  interruption in the
obligor's employment of less than 180 days.

    Section  25.  Income   withholding   after   accrual   of
delinquency.
    (a)  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:
         (1)  contains   the   information   required   under
    subsection (c) of Section 20; and
         (2)  contains a computation of the period and  total
    amount  of  the delinquency as of the date of the notice;
    and
         (3)  directs the payor to withhold the dollar amount
    required to be withheld periodically under the order  for
    support for payment of the delinquency.
    (b)  The income withholding notice and the obligor's copy
of  the income withholding notice shall be served as provided
in subsection (g) of Section 20.
    (c)  The obligor may contest withholding commenced  under
this Section 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:
         (1)  a dispute concerning the existence or amount of
    the delinquency; or
         (2)  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  Section
40.

    Section 30.  Initiated withholding.
    (a)  Notwithstanding  any other provision of this Act, 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 subsection
(c) of Section  20  and  states  that  the  parties'  written
agreement  providing  an alternative arrangement to immediate
withholding under subsection (a)  of  Section  20  no  longer
ensures  payment of support due and the reason or reasons why
it does not.
    (b)  The income withholding notice and the obligor's copy
of the income withholding notice shall be served as  provided
in subsection (g) of Section 20.
    (c)  The  obligor may contest withholding commenced under
this Section 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:
         (1) whether the parties' written agreement providing
    an alternative arrangement to immediate withholding under
    subsection  (a) of Section 20 continues to ensure payment
    of support; or
         (2) 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.
    (d)  If  the  obligor   files   a   petition   contesting
withholding   within   the   20-day   period  required  under
subsection (c), 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
Section 40.

    Section 35.  Duties of payor.
    (a)  It  shall  be  the  duty  of  any payor who has been
served with an income withholding notice to  deduct  and  pay
over  income  as  provided  in this Section.  The payor shall
deduct  the  amount  designated  in  the  income  withholding
notice, as supplemented by any notice  provided  pursuant  to
subsection  (f)  of  Section  45, beginning no later than the
next payment of income which is payable or creditable to  the
obligor  that  occurs  14  days following the date the income
withholding notice was mailed, sent  by  facsimile  or  other
electronic  means,  or  placed  for  personal  delivery to or
service on the payor.  The  payor  may  combine  all  amounts
withheld  for the benefit of an obligee or public office into
a single payment and transmit the payment with a  listing  of
obligors  from  whom withholding has been effected. The payor
shall pay the amount withheld to the 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. 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  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  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  paid  or  credited  to  the  obligor  creates  a
presumption that the payor knowingly failed to pay  over  the
amounts.   This  penalty  may  be collected in a civil action
which may be brought  against  the  payor  in  favor  of  the
obligee   or   public   office.   A   finding  of  a  payor's
nonperformance within the time required under this  Act  must
be  documented by a certified mail return receipt showing the
date the income withholding notice was served on  the  payor.
For  purposes  of  this  Act,  a  withheld  amount  shall  be
considered  paid  by  a payor on the date it is mailed by the
payor, or on the date an electronic  funds  transfer  of  the
amount  has  been  initiated  by  the  payor,  or on the date
delivery of the amount has been initiated by the  payor.  For
each deduction, the payor shall provide the 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.
    Upon receipt of an income  withholding  notice  requiring
that  a  minor  child  be  named as a beneficiary of a health
insurance plan available through an employer or  labor  union
or  trade  union,  the employer or labor union or trade union
shall immediately enroll the minor child as a beneficiary  in
the   health   insurance   plan   designated  by  the  income
withholding notice. The employer shall withhold any  required
premiums  and  pay  over  any  amounts  so  withheld  and any
additional amounts the employer pays to the insurance carrier
in a timely manner.  The employer or  labor  union  or  trade
union shall mail to the obligee, within 15 days of enrollment
or  upon request, notice of the date of coverage, information
on the dependent coverage plan, and all  forms  necessary  to
obtain  reimbursement  for  covered  health expenses, such as
would be made available to a new employee. When an order  for
dependent coverage is in effect and the insurance coverage is
terminated  or  changed for any reason, the employer or labor
union or trade union shall notify the obligee within 10  days
of  the  termination  or  change  date  along  with notice of
conversion privileges.
    For withholding of income, the payor shall be entitled to
receive a fee not to exceed $5 per month to be taken from the
income to be paid to the obligor.
    (b)  Whenever the obligor is no longer  receiving  income
from  the  payor, the payor shall return a copy of the income
withholding notice to the obligee or public office and  shall
provide information for the purpose of enforcing this Act.
    (c)  Withholding  of  income under this Act shall be made
without regard  to  any  prior  or  subsequent  garnishments,
attachments,   wage  assignments,  or  any  other  claims  of
creditors.  Withholding of income under this Act shall not be
in excess of the maximum amounts permitted under the  federal
Consumer  Credit Protection Act. If the payor has been served
with more than one income withholding  notice  pertaining  to
the  same  obligor, the payor shall allocate income available
for  withholding  on  a  proportionate  share  basis,  giving
priority to current support payments.  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 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, 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.
    (d)  No payor shall discharge, discipline, refuse to hire
or otherwise penalize any obligor  because  of  the  duty  to
withhold income.

    Section  40.  Petitions  to  contest  withholding  or  to
modify,  suspend,  terminate,  or  correct income withholding
notices.
    (a)  When  an  obligor  files  a  petition   to   contest
withholding,  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,  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:
         (1)  a delinquency existed; or
         (2)  the  parties'  written  agreement  providing an
    alternative arrangement to  immediate  withholding  under
    subsection (a) of Section 20 no longer ensured payment of
    support.
    (b)  At  any  time, an obligor, obligee, public office or
Clerk of the Circuit Court may petition the court to:
         (1)  modify,  suspend  or   terminate   the   income
    withholding  notice because of a modification, suspension
    or termination of the underlying order for support; or
         (2)  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
         (3)  suspend the income 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.
    (c)  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:
         (1)  the amount of current support;
         (2)  the amount of the arrearage;
         (3)  the   periodic   amount   for  payment  of  the
    arrearage; or
         (4)  the  periodic  amount  for   payment   of   the
    delinquency.
    (d)  The obligor, obligee or public office shall serve on
the  payor,  in  the  manner  provided  for service of income
withholding notices in subsection (g) of Section 20,  a  copy
of  any  order  entered pursuant to this Section that affects
the duties of the payor.
    (e)  At any time, a public office or Clerk of the Circuit
Court may serve a notice on the payor to:
         (1)  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
         (2)  cease  withholding  of  income  for  payment of
    delinquency  or  arrearage  when   the   delinquency   or
    arrearage has been paid in full.
    (f)  The notice provided for under subsection (e) of this
Section  shall  be served on the payor in the manner provided
for service of income withholding notices in  subsection  (g)
of  Section  20,  and a copy shall be provided to the obligor
and the obligee.
    (g)  The income 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 Section.

    Section 45.  Additional duties.
    (a)  An  obligee  who  is  receiving  income  withholding
payments  under  this  Act  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.
    (b)  An obligee who is a recipient of  public  aid  shall
send  a  copy  of any income withholding notice served by the
obligee to the Division of Child Support Enforcement  of  the
Illinois Department of Public Aid.
    (c)  Each  obligor  shall  notify the obligee, the public
office, and the Clerk of the Circuit Court of any  change  of
address within 7 days.
    (d)  An obligor whose income is being withheld or who has
been served with a notice of delinquency pursuant to this Act
shall notify the obligee, the public office, and the Clerk of
the Circuit Court of any new payor, within 7 days.
    (e)  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.
    (f)  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.
    (g)  Any public office and Clerk  of  the  Circuit  Court
which  collects,  disburses  or receives payments pursuant to
income 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 Act.
    (h)  The Illinois Department of Public Aid  shall  design
suggested legal forms for proceeding under this Act 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.
    (i)  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.

    Section 50.  Penalties.
    (a)  Where a payor wilfully fails to withhold or pay over
income pursuant  to  a  properly  served  income  withholding
notice,  or wilfully discharges, disciplines, refuses to hire
or otherwise penalizes an obligor as  prohibited  by  Section
40,  or  otherwise fails to comply with any duties imposed by
this  Act,  the  obligee,  public  office  or   obligor,   as
appropriate,  may file a complaint with the court against the
payor.  The Clerk of  the  Circuit  Court  shall  notify  the
obligee or public office, as appropriate, and the obligor and
payor  of the time and place of the hearing on the complaint.
The court shall resolve any factual  dispute  including,  but
not limited to, a denial that the payor is paying or has paid
income  to  the  obligor.   Upon  a  finding  in favor of the
complaining party, the court:
         (1)  shall enter judgment and direct the enforcement
    thereof for the total  amount  that  the  payor  wilfully
    failed to withhold or pay over; and
         (2)  may  order  employment  or  reinstatement of or
    restitution to the obligor, or both,  where  the  obligor
    has  been  discharged,  disciplined, denied employment or
    otherwise penalized by the payor and may  impose  a  fine
    upon the payor not to exceed $200.
    (b)  Any  obligee,  public office or obligor who wilfully
initiates a false proceeding under this Act or  who  wilfully
fails  to  comply  with the requirements of this Act shall be
punished as in cases of contempt of court.

    Section 55.  Alternative procedures  for  service  of  an
income withholding notice.
    (a)  The  procedures  of  this Section may be used in any
matter to serve an income withholding notice on a payor if:
         (1)  for  any  reason  the  most  recent  order  for
    support entered does not contain the  income  withholding
    provisions  required  under  Section  20, irrespective of
    whether a separate  order  for  withholding  was  entered
    prior to July 1, 1997; and
         (2)  the  obligor  has  accrued  a delinquency after
    entry of the most recent order for support.
    (b)  The obligee or public office shall prepare and serve
the  income  withholding  notice  in  accordance   with   the
provisions  of  Section  25,  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.
    (c)  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 Section 20.
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.
    (d)  All other provisions of this Act shall be applicable
with respect to the provisions of this Section 55.

    Section 60.  Remedies in addition to other laws.
    (a)  The rights, remedies, duties and  penalties  created
by  this  Act  are in addition to and not in substitution for
any other rights, remedies, duties and penalties  created  by
any other law.
    (b)  Nothing   in   this   Act   shall  be  construed  as
invalidating any assignment of  wages  or  benefits  executed
prior  to  January  1,  1984 (or July 1, 1985 with respect to
invalidity under the Illinois Parentage Act of 1984)  or  any
order for withholding served prior to July 1, 1997.

    Section  905.   The  Collection  Agency Act is amended by
changing Section 2.04 as follows:

    (225 ILCS 425/2.04) (from Ch. 111, par. 2005.1)
    Sec. 2.04.  Child support indebtedness.
    (a)  Persons, associations, partnerships, or corporations
engaged  in  the  business  of   collecting   child   support
indebtedness  owing under a court order as provided under the
Illinois  Public  Aid  Code,  the   Illinois   Marriage   and
Dissolution  of  Marriage  Act, the Non-Support of Spouse and
Children Act, the Illinois Parentage Act of 1984, or  similar
laws  of other states are not restricted (i) in the frequency
of contact with an obligor who  is  in  arrears,  whether  by
phone,  mail,  or  other  means,  (ii)  from  contacting  the
employer  of  an  obligor  who  is  in  arrears,  (iii)  from
publishing  or  threatening  to publish a list of obligors in
arrears, (iv) from disclosing or threatening to  disclose  an
arrearage that the obligor disputes, but for which a verified
notice  of  delinquency  has  been  served  under  the Income
Withholding for Support Act  (or  any  of  its  predecessors,
Section  10-16.2  of  the  Illinois  Public Aid Code, Section
706.1 of the Illinois Marriage and  Dissolution  of  Marriage
Act,  Section  4.1  of the Non-Support of Spouse and Children
Act,  Section  26.1  of  the   Revised   Uniform   Reciprocal
Enforcement  of  Support  Act,  or Section 20 of the Illinois
Parentage Act of 1984), or (v) from engaging in conduct  that
would  not  cause  a  reasonable  person  mental  or physical
illness.  For purposes of this subsection, "obligor" means an
individual who owes a duty to make periodic payments, under a
court order, for the support of a child.   "Arrearage"  means
the  total  amount  of  an  obligor's  unpaid  child  support
obligations.
    (b)  The   Department  shall  adopt  rules  necessary  to
administer and enforce the provisions of this Section.
(Source: P.A. 87-1200.)
    Section 910.  The Illinois Public Aid Code is amended  by
changing  Sections  10-10,  10-16.2,  10-16.4, and 10-17.2 as
follows:

    (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.
    An  order  entered  under  this  Section  shall include a
provision requiring the obligor to report to the obligee  and
to  the  clerk  of court within 10 days each time the obligor
obtains  new  employment,  and  each   time   the   obligor's
employment  is terminated for any reason. The report shall be
in writing and shall, in the case of new employment,  include
the  name  and address of the new employer. Failure to report
new employment or the termination of current  employment,  if
coupled  with nonpayment of support for a period in excess of
60 days, is indirect  criminal  contempt.   For  any  obligor
arrested  for  failure to report new employment bond shall be
set in the amount of the child support that should have  been
paid  during  the  period of unreported employment.  An order
entered under this Section shall  also  include  a  provision
requiring  the  obligor  and  obligee  parents to advise each
other of a change in residence within 5 days  of  the  change
except  when  the  court  finds that the physical, mental, or
emotional health of a party or that  of  a  minor  child,  or
both,  would  be  seriously  endangered  by disclosure of the
party's address.
    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  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 this Article  X,  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  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  in  accordance  with  the  Income
Withholding  for  Support  Act 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.  90-18,  eff.  7-1-97;  90-539,  eff.  6-1-98;
revised 12-23-97.)

    (305 ILCS 5/10-16.2) (from Ch. 23, par. 10-16.2)
    Sec. 10-16.2.  Withholding of Income to Secure Payment of
Support.  Orders  for  support  entered  under  this Code are
subject  to  the  Income   Withholding   for   Support   Act.
(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 order for support.
    (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.
    (4)  New  service  of  an  order  for  withholding is not
required in order to resume withholding of income in the case
of an obligor with respect to whom an order  for  withholding
was  previously  served on the payor if withholding of income
was terminated because of an interruption  in  the  obligor's
employment of less than 180 days.

(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). regular or facsimile regular or facsimile

(E)  Duties of Payor.
    (1)  It  shall  be  the  duty  of  any payor who has been
served with an income withholding notice to  deduct  and  pay
over  income as provided in this subsection.  The payor shall
deduct  the  amount  designated  in  the  income  withholding
notice, as supplemented by any notice  provided  pursuant  to
paragraph  (6) of subsection (G), beginning no later than the
next payment of income which is payable or creditable to  the
obligor  that  occurs  14  days following the date the income
withholding notice was mailed, sent  by  facsimile  or  other
electronic  means,  or  placed  for  personal  delivery to or
service on the payor.  The  payor  may  combine  all  amounts
withheld  for the benefit of an obligee or public office into
a single payment and transmit the payment with a  listing  of
obligors  from  whom withholding has been effected. The payor
shall pay the amount withheld to the 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. 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  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  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  paid  or  credited  to  the  obligor  creates  a
presumption that the payor knowingly failed to pay  over  the
amounts.   This  penalty  may  be collected in a civil action
which may be brought  against  the  payor  in  favor  of  the
obligee   or   public   office.   A   finding  of  a  payor's
nonperformance within the time required  under  this  Section
must be documented by a certified mail return receipt showing
the  date  the order for withholding was served on the payor.
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.
    Upon receipt of an income  withholding  notice  requiring
that  a  minor  child  be  named as a beneficiary of a health
insurance plan available through an employer or  labor  union
or  trade  union,  the employer or labor union or trade union
shall immediately enroll the minor child as a beneficiary  in
the   health   insurance   plan   designated  by  the  income
withholding notice.  The employer shall withhold any required
premiums and  pay  over  any  amounts  so  withheld  and  any
additional amounts the employer pays to the insurance carrier
in  a  timely  manner.   The employer or labor union or trade
union shall mail to the obligee, within 15 days of enrollment
or upon request, notice of the date of coverage,  information
on  the  dependent  coverage plan, and all forms necessary to
obtain reimbursement for covered  health  expenses,  such  as
would be made available  to a new employee. When an order for
dependent coverage is in effect and the insurance coverage is
terminated  or  changed for any reason, the employer or labor
union or trade union shall notify the obligee within 10  days
of  the  termination  or  change  date  along  with notice of
conversion privileges.
    For withholding of income, the payor shall be entitled to
receive a fee not to exceed $5 per month to be taken from the
income to be paid to the obligor.
    (2)  Whenever the obligor is no longer  receiving  income
from  the  payor, the payor shall return a copy of the income
withholding notice to the obligee or public office and  shall
provide   information  for  the  purpose  of  enforcing  this
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  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  and  then  to  past  due support payments ordered in
cases in which cash  assistance  under  this  Code  is  being
provided to the obligee, 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.
    (4)  No payor shall discharge, discipline, refuse to hire
or  otherwise  penalize  any  obligor  because of the duty to
withhold income.

(F)  Petitions to Contest Withholding or to Modify,  Suspend,
Terminate, or Correct Income Withholding Notices.
    (1)  When   an   obligor  files  a  petition  to  contest
withholding, 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,  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.
    (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
    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 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)  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), a
copy of any order entered pursuant to  this  subsection  that
affects the duties of the payor.
    (5)  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)  The notice provided for under paragraph (5) 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), and a copy shall be provided
to the obligor and the obligee.
    (7)  The  income  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)  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  to  the Division 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 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.

(H)  Penalties.
    (1)  Where a payor wilfully fails to withhold or pay over
income pursuant  to  a  properly  served  income  withholding
notice,  or wilfully discharges, disciplines, refuses to hire
or otherwise penalizes an obligor as prohibited by subsection
(E), 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).

(J)  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.   89-507,  eff.  7-1-97;  90-18,  eff.  7-1-97;
90-425, eff. 8-15-97; revised 9-29-97.)
    (305 ILCS 5/10-16.4)
    Sec. 10-16.4.  Information concerning obligors.
    (a)  In this Section:
    "Arrearage", "delinquency",  "obligor",  and  "order  for
support"  have  the meanings attributed to those terms in the
Income Withholding for Support Act Section  10-16.2  of  this
Code.
    "Consumer reporting agency" has the meaning attributed to
that term in Section 603(f) of the Fair Credit Reporting Act,
15 U.S.C. 1681a(f).
    (b)  Whenever  a  court  of  competent jurisdiction finds
that an obligor either owes an arrearage of more than $10,000
or is delinquent in payment of an amount equal to at least  3
months'  support obligation pursuant to an order for support,
the court shall  direct  the  clerk  of  the  court  to  make
information  concerning  the  obligor  available  to consumer
reporting agencies.
    (c)  Whenever a court  of  competent  jurisdiction  finds
that an obligor either owes an arrearage of more than $10,000
or  is delinquent in payment of an amount equal to at least 3
months' support obligation pursuant to an order for  support,
the  court  shall  direct the clerk of the court to cause the
obligor's name and address to be published in a newspaper  of
general circulation in the area in which the obligor resides.
The  clerk  shall  cause the obligor's name and address to be
published only after sending to the obligor at the  obligor's
last   known  address,  by  certified  mail,  return  receipt
requested, a notice of intent  to  publish  the  information.
This  subsection  (c)  applies only if the obligor resides in
the county in which the clerk of the court holds office.
(Source: P.A. 90-466, eff. 1-1-98.)

    (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
withholding provisions and for 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  the
Income  Withholding  for  Support  Act  Section 10-16.2.  The
penalties provided in the Income Withholding for Support  Act
Section  10-16.2  shall apply hereto and shall be enforced by
filing an action under  that  Act  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. 90-18, eff. 7-1-97.)

    Section 915.  The Illinois Marriage  and  Dissolution  of
Marriage  Act  is amended by changing Sections 507, 511, 705,
706.1, 706.3, and 713 as follows:

    (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 in
accordance with the  Income  Withholding  for  Support  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. 90-18, eff. 7-1-97.)

    (750 ILCS 5/511) (from Ch. 40, par. 511)
    Sec.  511.   Procedure.  A  judgment of dissolution or of
legal separation or of declaration of invalidity of  marriage
may  be  enforced  or  modified by order of court pursuant to
petition.
    (a)  Any  judgment  entered  within  this  State  may  be
enforced or modified in the  judicial  circuit  wherein  such
judgment  was  entered  or  last  modified by the filing of a
petition with notice mailed to the  respondent  at  his  last
known   address,  or  by  the  issuance  of  summons  to  the
respondent. If neither  party  continues  to  reside  in  the
county  wherein  such  judgment was entered or last modified,
the court on the motion of either party or on its own  motion
may   transfer   a   post-judgment  proceeding,  including  a
proceeding under the Income Withholding for  Support  Section
706.1  of this Act, to another county or judicial circuit, as
appropriate,   where   either   party   resides.    If    the
post-judgment  proceeding  is  with respect to maintenance or
support, any such transfer shall be to the county or judicial
circuit wherein the recipient or proposed recipient  of  such
maintenance or support resides.
    (b)  In any post-judgment proceeding to enforce or modify
in  one  judicial  circuit  the  judgment of another judicial
circuit of this State, the moving party  shall  commence  the
proceeding by filing a petition establishing the judgment and
attaching  a  copy of the judgment as a part of the petition.
The parties  shall  continue  to  be  designated  as  in  the
original  proceeding.  Notice  of  the filing of the petition
shall be mailed  to  the  clerk  of  the  court  wherein  the
judgment  was entered and last modified in the same manner as
notice is mailed when registering a foreign judgment. Summons
shall be served as provided by law.
    (c)  In any post-judgment proceeding to enforce or modify
the  judgment  of  another  state,  the  moving  party  shall
commence the proceeding by filing a petition to  enroll  that
judgment,  attaching a copy thereof as a part of the petition
and proceed as provided for in paragraph (b) hereof.
    (d)  In  any  post-judgment  proceeding  to   enforce   a
judgment  or  order  for  payment  of maintenance or support,
including a  proceeding  under  the  Income  Withholding  for
Support  Section  706.1  of this Act, where the terms of such
judgment or order provide that payments of  such  maintenance
or support are to be made to the clerk of the court and where
neither  party continues to reside in the county wherein such
judgment or order was entered or last modified, the court  on
the  motion of either party or on its own motion may transfer
the collection of the maintenance or support to the clerk  of
the   court   in  another  county  or  judicial  circuit,  as
appropriate, wherein the  recipient  of  the  maintenance  or
support payments resides.
(Source: P.A. 85-2.)

    (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  in
accordance  with  the  Income  Withholding  for Support 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. 90-18, eff. 7-1-97.)

    (750 ILCS 5/706.1) (from Ch. 40, par. 706.1)
    Sec. 706.1.  Withholding of Income to Secure  Payment  of
Support.  Orders  for  support  entered  under  this  Act are
subject  to  the  Income   Withholding   for   Support   Act.
(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 order for support.
    (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.
    (4)  New  service  of  an  order  for  withholding is not
required in order to resume withholding of income in the case
of an obligor with respect to whom an order  for  withholding
was  previously  served on the payor if withholding of income
was terminated because of an interruption  in  the  obligor's
employment of less than 180 days.

(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).  regular or facsimile regular or facsimile

(E)  Duties of Payor.
    (1)  It shall be the duty  of  any  payor  who  has  been
served  with  an  income withholding notice to deduct and pay
over income as provided in this subsection.  The payor  shall
deduct  the  amount  designated  in  the  income  withholding
notice,  as  supplemented  by any notice provided pursuant to
paragraph (6) of subsection (G), beginning no later than  the
next  payment of income which is payable or creditable to the
obligor that occurs 14 days following  the  date  the  income
withholding  notice  was  mailed,  sent by facsimile or other
electronic means, or  placed  for  personal  delivery  to  or
service  on  the  payor.   The  payor may combine all amounts
withheld for the benefit of an obligee or public office  into
a  single  payment and transmit the payment with a listing of
obligors from whom withholding has been effected.  The  payor
shall pay the amount withheld to the 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.  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 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 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  paid  or  credited  to  the  obligor  creates   a
presumption  that  the payor knowingly failed to pay over the
amounts.  This penalty may be collected  in  a  civil  action
which  may  be  brought  against  the  payor  in favor of the
obligee  or  public  office.   A   finding   of   a   payor's
nonperformance  within  the  time required under this Section
must be documented by a certified mail return receipt showing
the date the order for withholding was served on  the  payor.
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.
    Upon  receipt  of  an income withholding notice requiring
that a minor child be named as  a  beneficiary  of  a  health
insurance  plan  available through an employer or labor union
or trade union, the employer or labor union  or  trade  union
shall  immediately enroll the minor child as a beneficiary in
the  health  insurance  plan   designated   by   the   income
withholding  notice. The employer shall withhold any required
premiums and  pay  over  any  amounts  so  withheld  and  any
additional amounts the employer pays to the insurance carrier
in  a  timely  manner.   The employer or labor union or trade
union shall mail to the obligee, within 15 days of enrollment
or upon request, notice of the date of coverage,  information
on  the  dependent  coverage plan, and all forms necessary to
obtain reimbursement for covered  health  expenses,  such  as
would  be made available to a new employee. When an order for
dependent coverage is in effect and the insurance coverage is
terminated or changed for any reason, the employer  or  labor
union  or trade union shall notify the obligee within 10 days
of the termination  or  change  date  along  with  notice  of
conversion privileges.
    For withholding of income, the payor shall be entitled to
receive a fee not to exceed $5 per month to be taken from the
income to be paid to the obligor.
    (2)  Whenever  the  obligor is no longer receiving income
from the payor, the payor shall return a copy of  the  income
withholding  notice to the obligee or public office and shall
provide  information  for  the  purpose  of  enforcing   this
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   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 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,
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.
    (4)  No payor shall discharge, discipline, refuse to hire
or otherwise penalize any obligor  because  of  the  duty  to
withhold income.

(F)  Petitions  to Contest Withholding or to Modify, Suspend,
Terminate, or Correct Income Withholding Notices.
    (1)  When  an  obligor  files  a  petition   to   contest
withholding,  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,  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.
    (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
    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 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)  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),  a
copy  of  any  order entered pursuant to this subsection that
affects the duties of the payor.
    (5)  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)  The  notice provided for under paragraph (5) 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), and a copy shall be provided
to the obligor and the obligee.
    (7)  The income 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)  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 to the
Division  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 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.

(H)  Penalties.
    (1)  Where a payor wilfully fails to withhold or pay over
income  pursuant  to  a  properly  served  income withholding
notice, or wilfully discharges, disciplines, refuses to  hire
or otherwise penalizes an obligor as prohibited by subsection
(E),  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).

(J)  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.  89-507,  eff.  7-1-97;  90-18,  eff.   7-1-97;
90-425, eff. 8-15-97; revised 9-29-97.)

    (750 ILCS 5/706.3)
    Sec. 706.3.  Information concerning obligors.
    (a)  In this Section:
    "Arrearage",  "delinquency",  "obligor",  and  "order for
support" have the meanings attributed to those terms  in  the
Income Withholding for Support Section 706.1 of this Act.
    "Consumer reporting agency" has the meaning attributed to
that term in Section 603(f) of the Fair Credit Reporting Act,
15 U.S.C. 1681a(f).
    (b)   Whenever  a  court  of competent jurisdiction finds
that an obligor either owes an arrearage of more than $10,000
or is delinquent in payment of an amount equal to at least  3
months'  support obligation pursuant to an order for support,
the court shall  direct  the  clerk  of  the  court  to  make
information  concerning  the  obligor  available  to consumer
reporting agencies.
    (c)  Whenever a court  of  competent  jurisdiction  finds
that an obligor either owes an arrearage of more than $10,000
or  is delinquent in payment of an amount equal to at least 3
months' support obligation pursuant to an order for  support,
the  court  shall  direct the clerk of the court to cause the
obligor's name and address to be published in a newspaper  of
general circulation in the area in which the obligor resides.
The  clerk  shall  cause the obligor's name and address to be
published only after sending to the obligor at the  obligor's
last   known  address,  by  certified  mail,  return  receipt
requested, a notice of intent  to  publish  the  information.
This  subsection  (c)  applies only if the obligor resides in
the county in which the clerk of the court holds office.
(Source: P.A. 90-466, eff. 1-1-98.)

    (750 ILCS 5/713) (from Ch. 40, par. 713)
    Sec. 713.  Attachment of  the  Body.   As  used  in  this
Section, "obligor" has the same meaning ascribed to such term
in  the  Income Withholding for Support Section 706.1 of this
Act.
    (a)  In any proceeding to enforce an order  for  support,
where  the  obligor has failed to appear in court pursuant to
order of court and after due notice thereof,  the  court  may
enter an order for the attachment of the body of the obligor.
Notices  under  this Section shall be served upon the obligor
either (1) by prepaid certified mail with delivery restricted
to the obligor, or (2) by personal service  on  the  obligor.
The  attachment  order shall fix an amount of escrow which is
equal to  a  minimum  of  20%  of  the  total  child  support
arrearage alleged by the obligee in sworn testimony to be due
and  owing.  The attachment order shall direct the Sheriff of
any county in Illinois to take the obligor into  custody  and
shall  set  the number of days following release from custody
for a hearing to be held at which the obligor must appear, if
he is released under subsection (c) of this Section.
    (b)  If the obligor is taken into  custody,  the  Sheriff
shall  take  the  obligor  before the court which entered the
attachment order.   However,  the  Sheriff  may  release  the
person  after  he  or  she has deposited the amount of escrow
ordered by the court pursuant to  local  procedures  for  the
posting of bond.  The Sheriff shall advise the obligor of the
hearing date at which the obligor is required to appear.
    (c)  Any  escrow deposited pursuant to this Section shall
be transmitted to the Clerk of  the  Circuit  Court  for  the
county  in  which the order for attachment of the body of the
obligor was entered.  Any Clerk who receives money  deposited
into  escrow  pursuant  to  this  Section  shall  notify  the
obligee, public office or legal counsel whose name appears on
the  attachment  order of the court date at which the obligor
is required to appear and the amount deposited  into  escrow.
The Clerk shall disburse such money to the obligee only under
an  order  from  the  court that entered the attachment order
pursuant to this Section.
    (d)  Whenever an obligor is taken before the court by the
Sheriff, or appears in court after the court has ordered  the
attachment of his body, the court shall:
    (1)  hold  a  hearing  on  the complaint or petition that
gave  rise  to  the  attachment  order.   For   purposes   of
determining arrearages that are due and owing by the obligor,
the  court  shall  accept the previous sworn testimony of the
obligee as true and the appearance of the obligee  shall  not
be  required.  The court shall require sworn testimony of the
obligor as to his or  her  Social  Security  number,  income,
employment, bank accounts, property and any other assets.  If
there  is a dispute as to the total amount of arrearages, the
court shall proceed as in any other case as to the undisputed
amounts; and
    (2)  order the Clerk of the Circuit Court to disburse  to
the obligee or public office money held in escrow pursuant to
this Section if the court finds that the amount of arrearages
exceeds  the  amount  of the escrow.  Amounts received by the
obligee or public office shall be deducted from the amount of
the arrearages.
    (e)  If the obligor fails to appear in court after  being
notified  of  the court date by the Sheriff upon release from
custody, the court shall  order  any  monies  deposited  into
escrow  to  be  immediately released to the obligee or public
office and shall proceed under subsection (a) of this Section
by entering another order for the attachment of the  body  of
the obligor.
    (f)  This  Section  shall  apply to any order for support
issued  under  the  "Illinois  Marriage  and  Dissolution  of
Marriage Act", approved September 22, 1977, as  amended;  the
"Illinois  Parentage Act of 1984", effective July 1, 1985, as
amended;  the  "Revised  Uniform  Reciprocal  Enforcement  of
Support Act", approved August  28,  1969,  as  amended;  "The
Illinois  Public  Aid  Code",  approved  April  11,  1967, as
amended; and the "Non-support of Spouse  and  Children  Act",
approved June 8, 1953, as amended.
    (g)  Any  escrow established pursuant to this Section for
the purpose of providing support shall not be subject to fees
collected by the Clerk of the Circuit  Court  for  any  other
escrow.
(Source: P.A. 85-219.)

    Section  920.  The Non-Support of Spouse and Children Act
is amended by changing Sections 2.1, 4.1, and 4.2 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 in
accordance with the  Income  Withholding  for  Support  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. 90-18, eff. 7-1-97.)

    (750 ILCS 15/4.1) (from Ch. 40, par. 1107.1)
    Sec.  4.1.  Withholding  of  Income  to Secure Payment of
Support. Orders  for  support  entered  under  this  Act  are
subject   to   the   Income   Withholding  for  Support  Act.
(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 order for support.
    (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.
    (4)  New  service  of  an  order  for  withholding is not
required in order to resume withholding of income in the case
of an obligor with respect to whom an order  for  withholding
was  previously  served on the payor if withholding of income
was terminated because of an interruption  in  the  obligor's
employment of less than 180 days.

(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). regular or facsimile regular or facsimile

(E)  Duties of Payor.
    (1)  It shall be the duty  of  any  payor  who  has  been
served  with  an  income withholding notice to deduct and pay
over income as provided in this subsection.  The payor  shall
deduct  the  amount  designated  in  the  income  withholding
notice,  as  supplemented  by any notice provided pursuant to
paragraph (6) of subsection (G), beginning no later than  the
next  payment of income which is payable or creditable to the
obligor that occurs 14 days following  the  date  the  income
withholding  notice  was  mailed,  sent by facsimile or other
electronic means, or  placed  for  personal  delivery  to  or
service  on  the  payor.   The  payor may combine all amounts
withheld for the benefit of an obligee or public office  into
a  single  payment and transmit the payment with a listing of
obligors from whom withholding has been effected.  The  payor
shall pay the amount withheld to the 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.  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 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 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  paid  or  credited  to  the  obligor  creates   a
presumption  that  the payor knowingly failed to pay over the
amounts.  This penalty may be collected  in  a  civil  action
which  may  be  brought  against  the  payor  in favor of the
obligee  or  public  office.   A   finding   of   a   payor's
nonperformance  within  the  time required under this Section
must be documented by a certified mail return receipt showing
the date the order for withholding was served on  the  payor.
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.
    Upon  receipt  of  an income withholding notice requiring
that a minor child be named as  a  beneficiary  of  a  health
insurance  plan  available through an employer or labor union
or trade union, the employer or labor union  or  trade  union
shall  immediately enroll the minor child as a beneficiary in
the  health  insurance  plan   designated   by   the   income
withholding  notice. The employer shall withhold any required
premiums and  pay  over  any  amounts  so  withheld  and  any
additional amounts the employer pays to the insurance carrier
in  a  timely  manner.   The employer or labor union or trade
union shall mail to the obligee, within 15 days of enrollment
or upon request, notice of the date of coverage,  information
on  the  dependent  coverage plan, and all forms necessary to
obtain reimbursement for covered  health  expenses,  such  as
would be made available to a new employee.  When an order for
dependent coverage is in effect and the insurance coverage is
terminated  or  changed for any reason, the employer or labor
union or trade union shall notify the obligee within 10  days
of  the  termination  or  change  date  along  with notice of
conversion privileges.
    For withholding of income, the payor shall be entitled to
receive a fee not to exceed $5 per month 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
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   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 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,
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.
    (4)  No payor shall discharge, discipline, refuse to hire
or otherwise penalize any obligor  because  of  the  duty  to
withhold income.

(F)  Petitions  to Contest Withholding or to Modify, Suspend,
Terminate, or Correct Income Withholding Notices.
    (1)  When  an  obligor  files  a  petition   to   contest
withholding,  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,  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.
    (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
    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 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)  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),  a
copy  of  any  order entered pursuant to this subsection that
affects the duties of the payor.
    (5)  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)  The  notice provided for under paragraph (5) 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), and a copy shall be provided
to the obligor and the obligee.
    (7)  The income 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)  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 to the Division 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 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.

(H)  Penalties.
    (1)  Where a payor wilfully fails to withhold or pay over
income  pursuant  to  a  properly  served  income withholding
notice, or wilfully discharges, disciplines, refuses to  hire
or otherwise penalizes an obligor as prohibited by subsection
(E),  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).

(J)  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.  89-507,  eff.  7-1-97;  90-18,  eff.   7-1-97;
90-425, eff. 8-15-97; revised 9-29-97.)

    (750 ILCS 15/4.2)
    Sec. 4.2.  Information concerning obligors.
    (a)  In this Section:
    "Arrearage",  "delinquency",  "obligor",  and  "order for
support" have the meanings attributed to those terms  in  the
Income Withholding for Support Section 4.1 of this Act.
    "Consumer reporting agency" has the meaning attributed to
that term in Section 603(f) of the Fair Credit Reporting Act,
15 U.S.C. 1681a(f).
    (b)   Whenever  a  court  of competent jurisdiction finds
that an obligor either owes an arrearage of more than $10,000
or is delinquent in payment of an amount equal to at least  3
months'  support obligation pursuant to an order for support,
the court shall  direct  the  clerk  of  the  court  to  make
information  concerning  the  obligor  available  to consumer
reporting agencies.
    (c)  Whenever a court  of  competent  jurisdiction  finds
that an obligor either owes an arrearage of more than $10,000
or  is delinquent in payment of an amount equal to at least 3
months' support obligation pursuant to an order for  support,
the  court  shall  direct the clerk of the court to cause the
obligor's name and address to be published in a newspaper  of
general circulation in the area in which the obligor resides.
The  clerk  shall  cause the obligor's name and address to be
published only after sending to the obligor at the  obligor's
last   known  address,  by  certified  mail,  return  receipt
requested, a notice of intent  to  publish  the  information.
This  subsection  (c)  applies only if the obligor resides in
the county in which the clerk of the court holds office.
(Source: P.A. 90-466, eff. 1-1-98.)

    Section 925.  The Uniform Interstate Family  Support  Act
is amended by changing Section 605 as follows:

    (750 ILCS 22/605)
    Sec. 605.  Notice of registration of order.
    (a)  When  a  support  order  or income-withholding order
issued  in  another  state  is  registered,  the  registering
tribunal shall notify the nonregistering  party.  The  notice
must be accompanied by a copy of the registered order and the
documents and relevant information accompanying the order.
    (b)  The notice must inform the nonregistering party:
         (1)  that  a  registered  order is enforceable as of
    the date of registration in the same manner as  an  order
    issued by a tribunal of this State;
         (2)  that  a  hearing  to  contest  the  validity or
    enforcement of the registered  order  must  be  requested
    within  20  days  after  the  date of mailing or personal
    service of the notice;
         (3)  that  failure  to  contest  the   validity   or
    enforcement  of  the  registered order in a timely manner
    will result in confirmation of the order and  enforcement
    of  the  order  and  the alleged arrearages and precludes
    further contest of that order with respect to any  matter
    that could have been asserted; and
         (4)  of the amount of any alleged arrearages.
    (c)  Upon registration of an income-withholding order for
enforcement,   the  registering  tribunal  shall  notify  the
obligor's employer pursuant to  the  Income  Withholding  for
Support  Act Section 10-16.2 of the Illinois Public Aid Code,
Section 706.1 of the Illinois  Marriage  and  Dissolution  of
Marriage  Act,  Section  4.1 of the Non-Support of Spouse and
Children Act, and Section 20 of the Illinois Parentage Act of
1989.
(Source: P.A. 90-240, eff. 7-28-97)

    Section 930.  The  Illinois  Parentage  Act  of  1984  is
amended by changing Sections 15, 20, 20.5, and 21 as follows:

    (750 ILCS 45/15) (from Ch. 40, par. 2515)
    Sec. 15.  Enforcement of Judgment or Order.
    (a)  If existence of the parent and child relationship is
declared,   or   paternity   or  duty  of  support  has  been
established under this Act or under prior law  or  under  the
law   of   any  other  jurisdiction,  the  judgment  rendered
thereunder may be enforced in the same or  other  proceedings
by  any  party  or any person or agency that has furnished or
may furnish financial assistance or services  to  the  child.
The  Income  Withholding for Support Act and Sections 14 and,
16 and 20 of this Act shall also be applicable  with  respect
to   entry,  modification  and  enforcement  of  any  support
judgment entered under provisions  of  the  "Paternity  Act",
approved July 5, 1957, as amended, repealed July 1, 1985.
    (b)  Failure  to comply with any order of the court shall
be punishable as contempt as in other  cases  of  failure  to
comply  under  the  "Illinois  Marriage  and  Dissolution  of
Marriage  Act",  as now or hereafter amended.  In addition to
other penalties provided by law, the court may, after finding
the party guilty of contempt, order that the party 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.  However, the court may permit
    the party to be released for periods of time  during  the
    day  or  night  to  work  or  conduct  business  or other
    self-employed occupation.  The court  may  further  order
    any part of all the earnings of a party during a sentence
    of  periodic  imprisonment to be paid to the Clerk of the
    Circuit Court or to the person or parent  having  custody
    of  the  minor  child for the support of said child until
    further order of the court.
         (2.5) The court may also pierce the  ownership  veil
    of  a  person,  persons,  or  business entity to discover
    assets of a non-custodial parent held in the name of that
    person, those persons, or that business entity  if  there
    is a unity of interest and ownership sufficient to render
    no  financial separation between the non-custodial parent
    and that person, those persons, or the  business  entity.
    The following circumstances are sufficient for a court to
    order  discovery  of  the assets of a person, persons, or
    business entity and to  compel  the  application  of  any
    discovered  assets  toward  payment  on  the judgment for
    support:
              (A)  the non-custodial parent and  the  person,
         persons,   or   business   entity  maintain  records
         together.
              (B)  the non-custodial parent and  the  person,
         persons, or business entity fail to maintain an arms
         length  relationship  between themselves with regard
         to any assets.
              (C)  the non-custodial parent transfers  assets
         to  the person, persons, or business entity with the
         intent  to  perpetrate  a  fraud  on  the  custodial
         parent.
         With respect to assets which are real  property,  no
    order  entered  under this subdivision (2.5) shall affect
    the rights of bona fide purchasers, mortgagees,  judgment
    creditors,  or  other  lien  holders  who  acquire  their
    interests  in  the property prior to the time a notice of
    lis pendens pursuant to the Code of Civil Procedure or  a
    copy  of  the  order is placed of record in the office of
    the recorder of deeds for the county in  which  the  real
    property is located.
         (3)  The  court  may  also order that in cases where
    the party 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  party's
    Illinois  driving privileges be suspended until the court
    determines that the  party  is  in  compliance  with  the
    judgement  or  duty 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  party'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)  In any post-judgment proceeding to enforce or modify
the judgment the parties shall continue to be  designated  as
in the original proceeding.
(Source: P.A. 89-92, eff. 7-1-96; 90-476, eff. 1-1-98.)

    (750 ILCS 45/20) (from Ch. 40, par. 2520)
    Sec.  20.  Withholding  of  Income  to  Secure Payment of
Support. Orders  for  support  entered  under  this  Act  are
subject   to   the   Income   Withholding  for  Support  Act.
(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 order for support.
    (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.
    (4)  New  service  of  an  order  for  withholding is not
required in order to resume withholding of income in the case
of an obligor with respect to whom an order  for  withholding
was  previously  served on the payor if withholding of income
was terminated because of an interruption  in  the  obligor's
employment of less than 180 days.

(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). regular or facsimile regular or facsimile

(E)  Duties of Payor.
    (1)  It shall be the duty  of  any  payor  who  has  been
served  with  an  income withholding notice to deduct and pay
over income as provided in this subsection.  The payor  shall
deduct  the  amount  designated  in  the  income  withholding
notice,  as  supplemented  by any notice provided pursuant to
paragraph (6) of subsection (G), beginning no later than  the
next  payment of income which is payable or creditable to the
obligor that occurs 14 days following  the  date  the  income
withholding  notice  was  mailed,  sent by facsimile or other
electronic means, or  placed  for  personal  delivery  to  or
service  on  the  payor.   The  payor may combine all amounts
withheld for the benefit of an obligee or public office  into
a  single  payment and transmit the payment with a listing of
obligors from whom withholding has been effected.  The  payor
shall pay the amount withheld to the 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.  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 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 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  paid  or  credited  to  the  obligor  creates   a
presumption  that  the payor knowingly failed to pay over the
amounts.  This penalty may be collected  in  a  civil  action
which  may  be  brought  against  the  payor  in favor of the
obligee  or  public  office.   A   finding   of   a   payor's
nonperformance  within  the  time required under this Section
must be documented by a certified mail return receipt showing
the date the order for withholding was served on  the  payor.
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.
    Upon  receipt  of  an income withholding notice requiring
that a minor child be named as  a  beneficiary  of  a  health
insurance  plan  available through an employer or labor union
or trade union, the employer or labor union  or  trade  union
shall  immediately enroll the minor child as a beneficiary in
the  health  insurance  plan   designated   by   the   income
withholding  notice. The employer shall withhold any required
premiums and  pay  over  any  amounts  so  withheld  and  any
additional amounts the employer pays to the insurance carrier
in  a  timely  manner.   The employer or labor union or trade
union shall mail to the obligee, within 15 days of enrollment
or upon request, notice of the date of coverage,  information
on  the  dependent  coverage plan, and all forms necessary to
obtain reimbursement for covered  health  expenses,  such  as
would  be made available to a new employee. When an order for
dependent coverage is in effect and the insurance coverage is
terminated or changed for any reason, the employer  or  labor
union  or trade union shall notify the obligee within 10 days
of the termination  or  change  date  along  with  notice  of
conversion privileges.
    For withholding of income, the payor shall be entitled to
receive a fee not to exceed $5 per month to be taken from the
income to be paid to the obligor.
    (2)  Whenever  the  obligor is no longer receiving income
from the payor, the payor shall return a copy of  the  income
withholding  notice to the obligee or public office and shall
provide  information  for  the  purpose  of  enforcing   this
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   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 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,
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.
    (4)  No payor shall discharge, discipline, refuse to hire
or otherwise penalize any obligor  because  of  the  duty  to
withhold income.

(F)  Petitions  to Contest Withholding or to Modify, Suspend,
Terminate, or Correct Income Withholding Notices.
    (1)  When  an  obligor  files  a  petition   to   contest
withholding,  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,  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.
    (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
    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 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)  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),  a
copy  of  any  order entered pursuant to this subsection that
affects the duties of the payor.
    (5)  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)  The  notice provided for under paragraph (5) 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), and a copy shall be provided
to the obligor and the obligee.
    (7)  The income 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)  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 to the Division 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 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.

(H)  Penalties.
    (1)  Where a payor wilfully fails to withhold or pay over
income  pursuant  to  a  properly  served  income withholding
notice, or wilfully discharges, disciplines, refuses to  hire
or otherwise penalizes an obligor as prohibited by subsection
(E),  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).

(J)  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.   89-507,  eff.  7-1-97;  90-18,  eff.  7-1-97;
90-425, eff. 8-15-97; revised 9-29-97.)

    (750 ILCS 45/20.5)
    Sec. 20.5.  Information concerning obligors.
    (a)  In this Section:
    "Arrearage", "delinquency",  "obligor",  and  "order  for
support"  have  the meanings attributed to those terms in the
Income Withholding for Support Section 20 of this Act.
    "Consumer reporting agency" has the meaning attributed to
that term in Section 603(f) of the Fair Credit Reporting Act,
15 U.S.C. 1681a(f).
    (b)  Whenever a court  of  competent  jurisdiction  finds
that an obligor either owes an arrearage of more than $10,000
or  is delinquent in payment of an amount equal to at least 3
months' support obligation pursuant to an order for  support,
the  court  shall  direct  the  clerk  of  the  court to make
information concerning  the  obligor  available  to  consumer
reporting agencies.
    (c)   Whenever  a  court  of competent jurisdiction finds
that an obligor either owes an arrearage of more than $10,000
or is delinquent in payment of an amount equal to at least  3
months'  support obligation pursuant to an order for support,
the court shall direct the clerk of the court  to  cause  the
obligor's  name and address to be published in a newspaper of
general circulation in the area in which the obligor resides.
The clerk shall cause the obligor's name and  address  to  be
published  only after sending to the obligor at the obligor's
last  known  address,  by  certified  mail,  return   receipt
requested,  a  notice  of  intent to publish the information.
This subsection (c) applies only if the  obligor  resides  in
the county in which the clerk of the court holds office.
(Source: P.A. 90-466, eff. 1-1-98.)

    (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  in
accordance  with  the  Income  Withholding  for Support 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. 90-18, eff. 7-1-97.)

    Section  99.  Effective  date.   This  Act  takes  effect
January 1, 1999.

[ Top ]