Rep. Arthur Turner

Filed: 5/15/2013

 

 


 

 


 
09800SB1358ham002LRB098 07897 KTG 45949 a

1
AMENDMENT TO SENATE BILL 1358

2    AMENDMENT NO. ______. Amend Senate Bill 1358 as follows:
 
3on page 1, line 5, by replacing "Section 10-15.1" with
4"Sections 10-15.1 and 10-16.5"; and
 
5on page 6, immediately below line 19, by inserting the
6following:
 
7    "(305 ILCS 5/10-16.5)
8    Sec. 10-16.5. Interest on support obligations. A support
9obligation, or any portion of a support obligation, which
10becomes due and remains unpaid as of the end of each month,
11excluding the child support that was due for that month to the
12extent that it was not paid in that month, shall accrue simple
13interest as set forth in Section 12-109 of the Code of Civil
14Procedure. An order for support entered or modified on or after
15January 1, 2006 shall contain a statement that a support

 

 

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1obligation required under the order, or any portion of a
2support obligation required under the order, that becomes due
3and remains unpaid as of the end of each month, excluding the
4child support that was due for that month to the extent that it
5was not paid in that month, shall accrue simple interest as set
6forth in Section 12-109 of the Code of Civil Procedure. Failure
7to include the statement in the order for support does not
8affect the validity of the order or the accrual of interest as
9provided in this Section.
10    In cases in which IV-D services are being provided, the
11Department shall provide, by rule, for a one-time notice to
12obligees advising the obligee that he or she must notify the
13Department within 60 days of the notice that he or she wishes
14to have the Department compute any interest that accrued on a
15specific docket in his or her case between May 1, 1987 and
16December 31, 2005. If the obligee fails to notify the
17Department within the 60-day period: (i) the Department shall
18have no further duty to enforce and collect interest accrued on
19support obligations established under this Code or under any
20other law that are owed to the obligee prior to January 1,
212006; and (ii) any interest due on that docket prior to 2006
22may be pursued by the obligee through a court action, but not
23through the Department's IV-D agency.
24(Source: P.A. 94-90, eff. 1-1-06.)
 
25    Section 10. The Code of Civil Procedure is amended by

 

 

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1changing Section 12-109 as follows:
 
2    (735 ILCS 5/12-109)  (from Ch. 110, par. 12-109)
3    Sec. 12-109. Interest on judgments.
4    (a) Every judgment except those arising by operation of law
5from child support orders shall bear interest thereon as
6provided in Section 2-1303.
7    (b) Every judgment arising by operation of law from a child
8support order shall bear interest as provided in this
9subsection. The interest on judgments arising by operation of
10law from child support orders shall be calculated by applying
11one-twelfth of the current statutory interest rate as provided
12in Section 2-1303 to the unpaid child support balance as of the
13end of each calendar month. The unpaid child support balance at
14the end of the month is the total amount of child support
15ordered, excluding the child support that was due for that
16month to the extent that it was not paid in that month and
17including judgments for retroactive child support, less all
18payments received and applied as set forth in this subsection.
19The accrued interest shall not be included in the unpaid child
20support balance when calculating interest at the end of the
21month. The unpaid child support balance as of the end of each
22month shall be determined by calculating the current monthly
23child support obligation and applying all payments received for
24that month, except federal income tax refund intercepts, first
25to the current monthly child support obligation and then

 

 

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1applying any payments in excess of the current monthly child
2support obligation to the unpaid child support balance owed
3from previous months. The current monthly child support
4obligation shall be determined from the document that
5established the support obligation. Federal income tax refund
6intercepts and any payments in excess of the current monthly
7child support obligation shall be applied to the unpaid child
8support balance. Any payments in excess of the current monthly
9child support obligation and the unpaid child support balance
10shall be applied to the accrued interest on the unpaid child
11support balance. Interest on child support obligations may be
12collected by any means available under State law for the
13collection of child support judgments federal and State laws,
14rules, and regulations providing for the collection of child
15support.
16(Source: P.A. 94-90, eff. 1-1-06.)".