(750 ILCS 28/45)
(a) An obligee who is receiving income withholding
payments under this Act shall notify the State Disbursement Unit and the Clerk
of the Circuit Court 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
Department of Healthcare and Family Services.
(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 pursuant to this Act shall notify
obligee, the public office,
and the Clerk of the Circuit Court of any new payor, within 7 days.
(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) The State Disbursement Unit shall
maintain complete, accurate, and clear records of all income withholding
payments and their
disbursements. Certified copies of payment records maintained by the State
Disbursement Unit, a public
office, or the Clerk of the Circuit Court shall, without further proof, be
admitted into evidence in any legal proceedings under this Act.
(h) The Department of Healthcare and Family Services shall design suggested legal
forms for proceeding under this Act and shall make available to
courts such forms and informational materials which describe the procedures
and remedies set forth herein for distribution to all parties in support
(i) At the time of transmitting each support payment, the State
Disbursement Unit 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.
(j) If an obligee who is receiving income withholding
payments under this Act does not receive a payment required under the income withholding notice, he or she must give written notice of the non-receipt to the payor. The notice must include the date on which the obligee believes the payment was to have been made and the amount of the payment. The obligee must send the notice to the payor by certified mail, return receipt requested.
After receiving a written notice of non-receipt of payment under this subsection, a payor must, within 14 days thereafter, either (i) notify the obligee of the reason for the non-receipt of payment or (ii) make the required payment, together with interest at the rate of 9% calculated from the date on which the payment of income should have been made. A payor who fails to comply with this subsection is subject to the $100 per day penalty provided under subsection (a) of Section 35 of this Act.
(Source: P.A. 97-994, eff. 8-17-12.)