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90_HB2018
SEE INDEX
Amends the Civil Administrative Code of Illinois and the
Illinois Public Aid Code. Provides that the Article of the
Public Aid Code concerning the determination and enforcement
of support responsibilities of relatives shall be
administered by the Department of Revenue rather than the
Department of Public Aid. Provides for the transfer from the
Department of Public Aid to the Department of Revenue of
powers, personnel, property, and relevant funds relating to
support. Makes changes to other Acts related to the
transfer. Effective July 1, 1998.
LRB9004402SMdv
LRB9004402SMdv
1 AN ACT regarding child support, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Civil Administrative Code of Illinois is
5 amended by changing Section 48a as follows:
6 (20 ILCS 2205/48a) (from Ch. 127, par. 48a)
7 Sec. 48a. Department of Public Aid - Powers.
8 The Department of Public Aid shall administer "The
9 Illinois Public Aid Code", enacted by the 75th General
10 Assembly, with the exception of Article X of the Illinois
11 Public Aid Code which shall be administered by the Department
12 of Revenue beginning on the effective date of this amendatory
13 Act of 1997.
14 (Source: Laws 1967, p. 234.)
15 Section 10. The Civil Administrative Code of Illinois is
16 amended by changing Section 39b and adding Sections 39b53,
17 39b54, 39b55, 39b56, 39b57, 39b58, and 39b59 as follows:
18 (20 ILCS 2505/39b) (from Ch. 127, par. 39b)
19 Sec. 39b. The Department of Revenue has the powers
20 enumerated in the following Sections preceding Section 39c
21 Sections 39b1 to 39b50 each inclusive.
22 (Source: P.A. 86-610.)
23 (20 ILCS 2505/39b53 new)
24 Sec. 39b53. Transfer of powers. All of the rights,
25 powers, and duties vested in the Illinois Department of
26 Public Aid under Article X of the Illinois Public Aid Code
27 concerning the determination and enforcement of support
28 responsibility of relatives are transferred to the Department
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1 of Revenue.
2 (20 ILCS 2505/39b54 new)
3 Sec. 39b54. Transfer of personnel.
4 (a) Personnel employed by the Illinois Department of
5 Public Aid to perform functions that are transferred by this
6 amendatory Act of 1997 to the Department of Revenue are
7 transferred to the Department of Revenue.
8 (b) Personnel employed by the Department of Public Aid
9 to perform functions that are not clearly classifiable as
10 being related to the determination and enforcement of support
11 responsibility of relatives under Article X of the Illinois
12 Public Aid Code or who are employed to perform complex
13 functions that are transferred only in part to the Department
14 of Revenue under this amendatory Act of 1997 shall be
15 assigned and transferred to the appropriate Department by the
16 Director of Public Aid and the Director of Revenue, in
17 consultation with the Director of Central Management
18 Services.
19 (c) The rights of State employees, the State, and its
20 agencies under the Personnel Code and applicable collective
21 bargaining agreements and retirement plans are not affected
22 by this amendatory Act of 1997.
23 (20 ILCS 2505/39b55 new)
24 Sec. 39b55. Transfer of property. All books, records,
25 documents, property (real and personal), unexpended
26 appropriations, funds related to Article X of the Illinois
27 Public Aid Code, and pending business pertaining to the
28 rights, powers, and duties transferred by this amendatory Act
29 of 1997 from the Illinois Department of Public Aid to the
30 Department of Revenue shall be delivered and transferred to
31 the Department of Revenue by the Illinois Department of
32 Public Aid.
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1 (20 ILCS 2505/39b56 new)
2 Sec. 39b56. Savings provisions.
3 (a) The rights, powers, and duties transferred to the
4 Department of Revenue by this amendatory Act of 1997 shall be
5 vested in and shall be exercised by the Department of Revenue
6 subject to the provisions of this amendatory Act of 1997.
7 Each act done in the exercise of those rights, powers, and
8 duties shall have the same legal effect as if done by the
9 Department of Public Aid, its agencies, divisions, officers,
10 or employees.
11 (b) Every person or other entity in the Department of
12 Revenue shall be subject to the same obligations and duties
13 and any penalties, civil or criminal, arising therefrom, and
14 shall have the same rights arising from the exercise of such
15 rights, powers, and duties as if those rights, powers, and
16 duties had been exercised by the Department of Public Aid,
17 its agencies, divisions, officers, or employees.
18 (c) Every officer and employee of the Department of
19 Revenue shall, for any offense, be subject to the same
20 penalties, civil or criminal, as are prescribed by existing
21 law for the same offense committed by an officer or employee
22 whose powers or duties were transferred under this amendatory
23 Act of 1997.
24 (d) Whenever reports or notices are now required to be
25 made or given or documents furnished or served by any person
26 to or upon the Department of Public Aid, they shall be made,
27 given, furnished, or served in the same manner to or upon the
28 Department of Revenue.
29 (e) This amendatory Act of 1997 does not affect any act
30 done, ratified, or cancelled, any right occurring or
31 established, or any action or proceeding had or commenced in
32 an administrative, civil, or criminal cause before this
33 amendatory Act of 1997 takes effect, but such actions or
34 proceedings may be prosecuted and continued by the Department
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1 of Revenue as the case may be.
2 (f) This amendatory Act of 1997 does not affect the
3 legality of any rules that are in force on the effective date
4 of this amendatory Act of 1997 that have been duly adopted by
5 the Department of Public Aid. As soon as practicable after
6 the effective date of this amendatory Act of 1997, the
7 Department of Revenue shall propose and adopt under the
8 Illinois Administrative Procedure Act such rules as may be
9 necessary to adopt the rules of the Department of Public Aid
10 that will now be administered by the Department of Revenue.
11 (20 ILCS 2505/39b57 new)
12 Sec. 39b57. Child Support Emergency Revolving Fund; Uses.
13 The Child Support Emergency Revolving Fund transferred to the
14 Department of Revenue by this amendatory Act of 1997 shall be
15 held by the Department of Revenue and shall be used to
16 provide immediate payments to current or former recipients of
17 support services, or refunds to responsible relatives, for
18 child support made to the Department of Revenue under Title
19 IV-D of the Social Security Act when the recipients of
20 services or responsible relatives are legally entitled to all
21 or part of the child support payments under applicable State
22 or federal law.
23 (20 ILCS 2505/39b58 new)
24 Sec. 39b58. Child Support Recoveries Trust Fund; Uses.
25 The Child Support Recoveries Trust Fund, to be held by the
26 State Treasurer as ex-officio custodian outside the State
27 Treasury, shall consist of recoveries authorized by Article X
28 of the Illinois Public Aid Code, including payments received
29 by the Department of Revenue under Sections 10-3.1, 10-8,
30 10-10, 10-16, and 10-19 of the Illinois Public Aid Code,
31 except those pursuant to the Child Support Enforcement
32 Program established by Title IV-D of the Social Security Act
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1 and required to be paid into the Child Support Enforcement
2 Trust Fund under Section 39b59 of this Code, that are
3 required by such Sections to be paid into the Child Support
4 Recoveries Trust Fund.
5 Disbursements from this Fund shall be only: (1) for
6 payments to non-recipients, or to former recipients of
7 financial aid of the collections which are made in their
8 behalf under Article X of the Illinois Public Aid Code except
9 those pursuant to the Child Support Enforcement Program
10 established by Title IV-D of the Social Security Act required
11 to be paid from the Child Support Enforcement Trust Fund
12 under Section 39b59 of this Code, (2) for payment to local
13 governmental units of support payments collected by the
14 Department of Revenue pursuant to an agreement under Section
15 10-3.1 of the Illinois Public Aid Code, (3) for payment of
16 administrative expenses incurred in performing the activities
17 authorized by Article X of the Illinois Public Aid Code
18 except those pursuant to the Child Support Enforcement
19 Program established by Title IV-D of the Social Security Act
20 required to be paid from the Child Support Enforcement Trust
21 Fund under Section 39b59 of this Code, (4) for payment of
22 fees to persons or agencies in the performance of activities
23 pursuant to the collection of monies owed the State pursuant
24 to Article X of the Illinois Public Aid Code except those
25 monies pursuant to the Child Support Enforcement Program
26 established by Title IV-D of the Social Security Act required
27 to be paid from the Child Support Enforcement Trust Fund
28 under Section 39b59 of this Code, and (5) for payments of any
29 amounts which are reimbursable to the federal government
30 which are required to be paid by State warrant by either the
31 State or federal government. Disbursements from this Fund
32 shall be by warrants drawn by the State Comptroller as
33 receipt of vouchers duly executed and certified by the
34 Department of Revenue.
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1 The balance in this Fund on the first day of each
2 calendar quarter, after payment therefrom of any amounts
3 reimbursable to the federal government, and minus the amount
4 reasonably anticipated to be needed to make the disbursements
5 during that quarter authorized by this Section, shall be
6 certified by the Director of Revenue and transferred by the
7 State Comptroller to the General Revenue Fund in the State
8 Treasury within 30 days after the first day of each calendar
9 quarter.
10 (20 ILCS 2505/39b59 new)
11 Sec. 39b59. Child Support Enforcement Trust Fund. The
12 Child Support Enforcement Trust Fund, to be held by the State
13 Treasurer as ex-officio custodian outside the State Treasury,
14 pursuant to the Child Support Enforcement Program established
15 by Title IV-D of the Social Security Act, shall consist of
16 (1) all support payments received by the Department of
17 Revenue under Sections 10-8, 10-10, 10-16 and 10-19 of the
18 Illinois Public Aid Code that are required by those Sections
19 to be paid into the Child Support Enforcement Trust Fund, and
20 (2) all federal grants received by the Department of Revenue
21 funded by Title IV-D of the Social Security Act, except those
22 federal funds received under the Title IV-D program as
23 reimbursement for expenditures from the General Revenue Fund,
24 and (3) incentive payments received by the Department of
25 Revenue from other states or political subdivisions of other
26 states for the enforcement and collection by the Department
27 of an assigned child support obligation in behalf of such
28 other states or their political subdivisions pursuant to the
29 provisions of Title IV-D of the Social Security Act, and (4)
30 incentive payments retained by the Department of Revenue from
31 the amounts which otherwise would be paid to the federal
32 government to reimburse the federal government's share of the
33 support collection for the Department's enforcement and
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1 collection of an assigned support obligation on behalf of the
2 State of Illinois pursuant to the provisions of Title IV-D of
3 the Social Security Act, and (5) all fees charged by the
4 Department for child support enforcement services, as
5 authorized under Title IV-D of the Social Security Act and
6 Section 10-1 of the Illinois Public Aid Code, and any other
7 fees, costs, fines, recoveries, or penalties provided for by
8 State or federal law and received by the Department under the
9 Child Support Enforcement Program established by Title IV-D
10 of the Social Security Act.
11 Disbursements from this Fund shall be only for the
12 following purposes: (1) for the reimbursement of funds
13 received by the Department of Revenue through error or
14 mistake, and (2) for payments to non-recipients, current
15 recipients and former recipients of financial aid of support
16 payments received on their behalf under Article X of the
17 Illinois Public Aid Code, pursuant to the provisions of Title
18 IV-D of the Social Security Act, and (3) for payment of any
19 administrative expenses, including payment to the Health
20 Insurance Reserve Fund for group insurance costs at the rate
21 certified by the Department of Central Management Services,
22 except those required to be paid from the General Revenue
23 Fund, including personal and contractual services, incurred
24 in performing the Title IV-D activities authorized by Article
25 X of the Illinois Public Aid Code, and (4) for the
26 reimbursement of the Child Support Emergency Revolving Fund
27 for expenditures made from that Fund for payments to former
28 recipients of public aid for child support made to the
29 Department of Revenue when the former public aid recipient is
30 legally entitled to all or part of the child support
31 payments, pursuant to the provisions of Title IV-D of the
32 Social Security Act, and (5) for the payment of incentive
33 amounts owed to other states or political subdivisions of
34 other states that enforce and collect an assigned support
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1 obligation on behalf of the State of Illinois pursuant to the
2 provisions of Title IV-D of the Social Security Act, and (6)
3 for the payment of incentive amounts owed to political
4 subdivisions of the State of Illinois that enforce and
5 collect an assigned support obligation on behalf of the State
6 pursuant to the provisions of Title IV-D of the Social
7 Security Act, and (7) for payments of any amounts which are
8 reimbursable to the federal government which are required to
9 be paid by State warrant by either the State or federal
10 government. Disbursements from this Fund shall be by warrants
11 drawn by the State Comptroller on receipt of vouchers duly
12 executed and certified by the Department of Revenue or any
13 other State agency that receives an appropriation from the
14 Fund.
15 The balance in this Fund on the first day of each
16 calendar quarter, after payment therefrom of any amounts
17 reimbursable to the federal government, and minus the amount
18 reasonably anticipated to be needed to make disbursements
19 during the quarter authorized by this Section, shall be
20 certified by the Director of Revenue and transferred by the
21 State Comptroller to the General Revenue Fund in the State
22 Treasury within 30 days after the first day of each calendar
23 quarter.
24 The balance transferred to the General Revenue Fund for
25 any fiscal year shall be not less than ten percent of the
26 total support payments received, and retained pursuant to the
27 provisions of Title IV-D of the Social Security Act, on
28 behalf of persons receiving financial assistance under
29 Article IV of the Illinois Public Aid Code which were
30 required to be deposited to this Fund during that fiscal
31 year. The above described payments received and retained
32 shall include the State and federal share of such payments.
33 Section 15. The Illinois Public Aid Code is amended by
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1 adding Section 10-0.5 and changing Sections 10-1, 10-3.1,
2 10-8, 10-10, 10-11.1, 10-15, 10-16, 10-16.2, 10-17.9, 10-19,
3 12-4.31, 12-5, 12-8, 12-9, and 12-11 as follows:
4 (305 ILCS 5/10-0.5 new)
5 Sec. 10-0.5. Transfer to Department of Revenue. On the
6 effective date of this amendatory Act of 1997 all of the
7 rights, powers, and duties vested under this Article X are
8 transferred to the Illinois Department of Revenue and all
9 references in this Article X to the Illinois Department or
10 the Department shall be references to the Illinois Department
11 of Revenue.
12 (305 ILCS 5/10-1) (from Ch. 23, par. 10-1)
13 Sec. 10-1. Declaration of Public Policy - Persons
14 Eligible for Child and Spouse Support Services - Fees for
15 Non-Applicants and Non-Recipients.) It is the intent of this
16 Code that the financial aid and social welfare services
17 herein provided supplement rather than supplant the primary
18 and continuing obligation of the family unit for self-support
19 to the fullest extent permitted by the resources available to
20 it. This primary and continuing obligation applies whether
21 the family unit of parents and children or of husband and
22 wife remains intact and resides in a common household or
23 whether the unit has been broken by absence of one or more
24 members of the unit. The obligation of the family unit is
25 particularly applicable when a member is in necessitous
26 circumstances and lacks the means of a livelihood compatible
27 with health and well-being.
28 It is the purpose of this Article to provide for locating
29 an absent parent or spouse, for determining his financial
30 circumstances, and for enforcing his legal obligation of
31 support, if he is able to furnish support, in whole or in
32 part. The Illinois Department of Public Aid shall give
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1 priority to establishing, enforcing and collecting the
2 current support obligation, and then to past due support owed
3 to the family unit, except with respect to collections
4 effected through the intercept programs provided for in this
5 Article.
6 The child and spouse support services provided hereunder
7 shall be furnished dependents of an absent parent or spouse
8 who are applicants for or recipients of financial aid under
9 this Code. It is not, however, a condition of eligibility
10 for financial aid that there be no responsible relatives who
11 are reasonably able to provide support. Nor, except as
12 provided in Sections 4-1.7 and 10-8, shall the existence of
13 such relatives or their payment of support contributions
14 disqualify a needy person for financial aid.
15 By accepting financial aid under this Code, a spouse or a
16 parent or other person having custody of a child shall be
17 deemed to have made assignment to the Illinois Department for
18 aid under Articles III, IV, V and VII or to a local
19 governmental unit for aid under Article VI of any and all
20 rights, title, and interest in any support obligation up to
21 the amount of financial aid provided. The rights to support
22 assigned to the Illinois Department of Public Aid or local
23 governmental unit shall constitute an obligation owed the
24 State or local governmental unit by the person who is
25 responsible for providing the support, and shall be
26 collectible under all applicable processes.
27 At the discretion of the Illinois Department of Public
28 Aid, the child and spouse support services established under
29 this Article may also be furnished in behalf of spouses and
30 dependent children who are not applicants for or recipients
31 of financial aid under this Code. The Department may limit
32 eligibility of these persons to designated income classes.
33 If non-applicants and non-recipients are included, the
34 Department may establish a schedule of reasonable fees, to be
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1 paid for the services provided and may deduct a collection
2 fee, not to exceed 10% of the amount collected, from such
3 collection. The Illinois Department of Public Aid shall cause
4 to be published and distributed publications reasonably
5 calculated to inform the public that individuals who are not
6 recipients of or applicants for public aid under this Code
7 are eligible for the child and spouse support services under
8 this Article X. Such publications shall set forth an
9 explanation, in plain language, that the child and spouse
10 support services program is independent of any public aid
11 program under the Code and that the receiving of child and
12 spouse support service in no way implies that the person
13 receiving such service is receiving public aid.
14 (Source: P.A. 85-597.)
15 (305 ILCS 5/10-3.1) (from Ch. 23, par. 10-3.1)
16 Sec. 10-3.1. Child and Spouse Support Unit. The
17 Illinois Department shall establish within its administrative
18 staff a Child and Spouse Support Unit to search for and
19 locate absent parents and spouses liable for the support of
20 persons resident in this State and to exercise the support
21 enforcement powers and responsibilities assigned the
22 Department by this Article. The unit shall cooperate with
23 all law enforcement officials in this State and with the
24 authorities of other States in locating persons responsible
25 for the support of persons resident in other States and shall
26 invite the cooperation of these authorities in the
27 performance of its duties.
28 In addition to other duties assigned the Child and Spouse
29 Support Unit by this Article, the Unit may refer to the
30 Attorney General or units of local government with the
31 approval of the Attorney General, any actions under Sections
32 10-10 and 10-15 for judicial enforcement of the support
33 liability. The Child and Spouse Support Unit shall act for
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1 the Department in referring to the Attorney General support
2 matters requiring judicial enforcement under other laws. If
3 requested by the Attorney General to so act, as provided in
4 Section 12-16, attorneys of the Unit may assist the Attorney
5 General or themselves institute actions in behalf of the
6 Illinois Department under the Revised Uniform Reciprocal
7 Enforcement of Support Act; under the Illinois Parentage Act
8 of 1984; under the Non-Support of Spouse and Children Act; or
9 under any other law, State or Federal, providing for support
10 of a spouse or dependent child.
11 The Illinois Department shall also have the authority to
12 enter into agreements with local governmental units or
13 individuals, with the approval of the Attorney General, for
14 the collection of moneys owing because of the failure of a
15 parent to make child support payments for any child receiving
16 services under this Article. Such agreements may be on a
17 contingent fee basis, but such contingent fee shall not
18 exceed 25% of the total amount collected.
19 An attorney who provides representation pursuant to this
20 Section shall represent the Illinois Department exclusively.
21 Regardless of the designation of the plaintiff in an action
22 brought pursuant to this Section, an attorney-client
23 relationship does not exist for purposes of that action
24 between that attorney and (i) an applicant for or recipient
25 of child and spouse support services or (ii) any other party
26 to the action other than the Illinois Department. Nothing in
27 this Section shall be construed to modify any power or duty
28 (including a duty to maintain confidentiality) of the Child
29 and Spouse Support Unit or the Illinois Department otherwise
30 provided by law.
31 The Illinois Department may also enter into agreements
32 with local governmental units for the Child and Spouse
33 Support Unit to exercise the investigative and enforcement
34 powers designated in this Article, including the issuance of
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1 administrative orders under Section 10-11, in locating
2 responsible relatives and obtaining support for persons
3 applying for or receiving aid under Article VI. Payments for
4 defrayment of administrative costs and support payments
5 obtained shall be deposited into the Child Support Public
6 Assistance Recoveries Trust Fund. Support payments shall be
7 paid over to the General Assistance Fund of the local
8 governmental unit at such time or times as the agreement may
9 specify.
10 With respect to those cases in which it has support
11 enforcement powers and responsibilities under this Article,
12 the Illinois Department may provide by rule for periodic or
13 other review of each administrative and court order for
14 support to determine whether a modification of the order
15 should be sought. The Illinois Department shall provide for
16 and conduct such review in accordance with any applicable
17 federal law and regulation.
18 As part of its process for review of orders for support,
19 the Illinois Department, through written notice, may require
20 the responsible relative to disclose his or her Social
21 Security Number and past and present information concerning
22 the relative's address, employment, gross wages, deductions
23 from gross wages, net wages, bonuses, commissions, number of
24 dependent exemptions claimed, individual and dependent health
25 insurance coverage, and any other information necessary to
26 determine the relative's ability to provide support in a case
27 receiving child and spouse support services under this
28 Article X.
29 If the responsible relative fails to fully respond to the
30 notice for information within 15 days after the date the
31 relative receives the notice, the Illinois Department may
32 send a written request for the same information to the
33 relative's employer. The employer shall respond to the
34 request for information within 15 days after the date the
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1 employer receives the request. If the employer willfully
2 fails to fully respond within the 15-day period, the employer
3 shall pay a penalty of $100 for each day that the response is
4 not provided to the Illinois Department after the 15-day
5 period has expired. The penalty may be collected in a civil
6 action which may be brought against the employer in favor of
7 the Illinois Department.
8 A written request for information sent to an employer
9 pursuant to this Section shall consist of (i) a citation of
10 this Section as the statutory authority for the request and
11 for the employer's obligation to provide the requested
12 information, (ii) a returnable form setting forth the
13 employer's name and address and listing the name of the
14 employee with respect to whom information is requested, and
15 (iii) a citation of this Section as the statutory authority
16 authorizing the employer to withhold a fee of up to $20 from
17 the wages or income to be paid to each responsible relative
18 for providing the information to the Illinois Department
19 within the 15-day period. If the employer is withholding
20 support payments from the responsible relative's income
21 pursuant to an order for withholding, the employer may
22 withhold the fee provided for in this Section only after
23 withholding support as required under the order. Any amounts
24 withheld from the responsible relative's income for payment
25 of support and the fee provided for in this Section shall not
26 be in excess of the amounts permitted under the federal
27 Consumer Credit Protection Act.
28 In a case receiving child and spouse support services,
29 the Illinois Department may request and obtain information
30 from a particular employer under this Section no more than
31 once in any 12-month period, unless the information is
32 necessary to conduct a review of a court or administrative
33 order for support at the request of the person receiving
34 child and spouse support services.
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1 The Illinois Department shall establish and maintain an
2 administrative unit to receive and transmit to the Child and
3 Spouse Support Unit information supplied by persons applying
4 for or receiving child and spouse support services under
5 Section 10-1. In addition, the Illinois Department shall
6 address and respond to any alleged deficiencies that persons
7 receiving or applying for services from the Child and Spouse
8 Support Unit may identify concerning the Child and Spouse
9 Support Unit's provision of child and spouse support
10 services. Within 60 days after an action or failure to act by
11 the Child and Spouse Support Unit that affects his or her
12 case, a recipient of or applicant for child and spouse
13 support services under Article X of this Code may request an
14 explanation of the Unit's handling of the case. At the
15 requestor's option, the explanation may be provided either
16 orally in an interview, in writing, or both. If the Illinois
17 Department fails to respond to the request for an explanation
18 or fails to respond in a manner satisfactory to the applicant
19 or recipient within 30 days from the date of the request for
20 an explanation, the applicant or recipient may request a
21 conference for further review of the matter by the Office of
22 the Administrator of the Child and Spouse Support Unit. A
23 request for a conference may be submitted at any time within
24 60 days after the explanation has been provided by the Child
25 and Spouse Support Unit or within 60 days after the time for
26 providing the explanation has expired.
27 The applicant or recipient may request a conference
28 concerning any decision denying or terminating child or
29 spouse support services under Article X of this Code, and the
30 applicant or recipient may also request a conference
31 concerning the Unit's failure to provide services or the
32 provision of services in an amount or manner that is
33 considered inadequate. For purposes of this Section, the
34 Child and Spouse Support Unit includes all local governmental
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1 units or individuals with whom the Illinois Department has
2 contracted under Section 10-3.1.
3 Upon receipt of a timely request for a conference, the
4 Office of the Administrator shall review the case. The
5 applicant or recipient requesting the conference shall be
6 entitled, at his or her option, to appear in person or to
7 participate in the conference by telephone. The applicant or
8 recipient requesting the conference shall be entitled to be
9 represented and to be afforded a reasonable opportunity to
10 review the Illinois Department's file before or at the
11 conference. At the conference, the applicant or recipient
12 requesting the conference shall be afforded an opportunity to
13 present all relevant matters in support of his or her claim.
14 Conferences shall be without cost to the applicant or
15 recipient requesting the conference and shall be conducted by
16 a representative of the Child or Spouse Support Unit who did
17 not participate in the action or inaction being reviewed.
18 The Office of the Administrator shall conduct a
19 conference and inform all interested parties, in writing, of
20 the results of the conference within 60 days from the date of
21 filing of the request for a conference.
22 In addition to its other powers and responsibilities
23 established by this Article, the Child and Spouse Support
24 Unit shall conduct an annual assessment of each institution's
25 program for institution based paternity establishment under
26 Section 12 of the Vital Records Act.
27 (Source: P.A. 88-307; 88-687, eff. 1-24-95.)
28 (305 ILCS 5/10-8) (from Ch. 23, par. 10-8)
29 Sec. 10-8. Support Payments - Partial Support - Full
30 Support.) The notice to responsible relatives issued
31 pursuant to Section 10-7 shall direct payment (a) to the
32 Illinois Department in cases of applicants and recipients
33 under Articles III, IV, V and VII, (b) except as provided in
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1 Section 10-3.1, to the local governmental unit in the case of
2 applicants and recipients under Article VI, and (c) to the
3 Illinois Department in cases of non-applicants and
4 non-recipients given access to the child and spouse support
5 services of this Article, as provided by Section 10-1.
6 However, if the support payments by responsible relatives are
7 sufficient to meet needs of a recipient in full, including
8 current and anticipated medical needs, and the Illinois
9 Department or the local governmental unit, as the case may
10 be, has reasonable grounds to believe that such needs will
11 continue to be provided in full by the responsible relatives,
12 the relatives may be directed to make subsequent support
13 payments to the needy person or to some person or agency in
14 his behalf and the recipient shall be removed from the rolls.
15 In such instance the recipient also shall be notified by
16 registered or certified mail of the action taken. If a
17 recipient removed from the rolls requests the Illinois
18 Department to continue to collect the support payments in his
19 behalf, the Department, at its option, may do so and pay
20 amounts so collected to the person. The Department may
21 provide for deducting any costs incurred by it in making the
22 collection from the amount of any recovery made and pay only
23 the net amount to the person.
24 Payments under this Section to the Illinois Department
25 pursuant to the Child Support Enforcement Program established
26 by Title IV-D of the Social Security Act shall be paid into
27 the Child Support Enforcement Trust Fund. All other payments
28 under this Section to the Illinois Department shall be
29 deposited in the Child Support Public Assistance Recoveries
30 Trust Fund. Disbursements from these funds shall be as
31 provided in Sections 39b58 and 39b59 of the Civil
32 Administrative Code of Illinois 12-9 and 12-10.2 of this
33 Code. Payments received by a local governmental unit shall be
34 deposited in that unit's General Assistance Fund.
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1 (Source: P.A. 83-1126.)
2 (305 ILCS 5/10-10) (from Ch. 23, par. 10-10)
3 Sec. 10-10. Court enforcement; applicability also to
4 persons who are not applicants or recipients. Except where
5 the Illinois Department, by agreement, acts for the local
6 governmental unit, as provided in Section 10-3.1, local
7 governmental units shall refer to the State's Attorney or to
8 the proper legal representative of the governmental unit, for
9 judicial enforcement as herein provided, instances of
10 non-support or insufficient support when the dependents are
11 applicants or recipients under Article VI. The Child and
12 Spouse Support Unit established by Section 10-3.1 may
13 institute in behalf of the Illinois Department any actions
14 under this Section for judicial enforcement of the support
15 liability when the dependents are (a) applicants or
16 recipients under Articles III, IV, V or VII (b) applicants or
17 recipients in a local governmental unit when the Illinois
18 Department, by agreement, acts for the unit; or (c)
19 non-applicants or non-recipients who are receiving support
20 enforcement services under this Article X, as provided in
21 Section 10-1. Where the Child and Spouse Support Unit has
22 exercised its option and discretion not to apply the
23 provisions of Sections 10-3 through 10-8, the failure by the
24 Unit to apply such provisions shall not be a bar to bringing
25 an action under this Section.
26 Action shall be brought in the circuit court to obtain
27 support, or for the recovery of aid granted during the period
28 such support was not provided, or both for the obtainment of
29 support and the recovery of the aid provided. Actions for
30 the recovery of aid may be taken separately or they may be
31 consolidated with actions to obtain support. Such actions
32 may be brought in the name of the person or persons requiring
33 support, or may be brought in the name of the Illinois
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1 Department or the local governmental unit, as the case
2 requires, in behalf of such persons.
3 The court may enter such orders for the payment of moneys
4 for the support of the person as may be just and equitable
5 and may direct payment thereof for such period or periods of
6 time as the circumstances require, including support for a
7 period before the date the order for support is entered. The
8 order may be entered against any or all of the defendant
9 responsible relatives and may be based upon the proportionate
10 ability of each to contribute to the person's support.
11 The Court shall determine the amount of child support
12 (including child support for a period before the date the
13 order for child support is entered) by using the guidelines
14 and standards set forth in subsection (a) of Section 505 and
15 in Section 505.2 of the Illinois Marriage and Dissolution of
16 Marriage Act. For purposes of determining the amount of child
17 support to be paid for a period before the date the order for
18 child support is entered, there is a rebuttable presumption
19 that the responsible relative's net income for that period
20 was the same as his or her net income at the time the order
21 is entered.
22 The Court shall determine the amount of maintenance using
23 the standards set forth in Section 504 of the Illinois
24 Marriage and Dissolution of Marriage Act.
25 Any new or existing support order entered by the court
26 under this Section shall be deemed to be a series of
27 judgments against the person obligated to pay support
28 thereunder, each such judgment to be in the amount of each
29 payment or installment of support and each such judgment to
30 be deemed entered as of the date the corresponding payment or
31 installment becomes due under the terms of the support order.
32 Each such judgment shall have the full force, effect and
33 attributes of any other judgment of this State, including the
34 ability to be enforced. Any such judgment is subject to
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1 modification or termination only in accordance with Section
2 510 of the Illinois Marriage and Dissolution of Marriage Act.
3 When an order is entered for the support of a minor, the
4 court may provide therein for reasonable visitation of the
5 minor by the person or persons who provided support pursuant
6 to the order. Whoever willfully refuses to comply with such
7 visitation order or willfully interferes with its enforcement
8 may be declared in contempt of court and punished therefor.
9 Except where the local governmental unit has entered into
10 an agreement with the Illinois Department for the Child and
11 Spouse Support Unit to act for it, as provided in Section
12 10-3.1, support orders entered by the court in cases
13 involving applicants or recipients under Article VI shall
14 provide that payments thereunder be made directly to the
15 local governmental unit. Orders for the support of all other
16 applicants or recipients shall provide that payments
17 thereunder be made directly to the Illinois Department. In
18 accordance with federal law and regulations, the Illinois
19 Department may continue to collect current maintenance
20 payments or child support payments, or both, after those
21 persons cease to receive public assistance and until
22 termination of services under Article X. The Illinois
23 Department shall pay the net amount collected to those
24 persons after deducting any costs incurred in making the
25 collection or any collection fee from the amount of any
26 recovery made. In both cases the order shall permit the
27 local governmental unit or the Illinois Department, as the
28 case may be, to direct the responsible relative or relatives
29 to make support payments directly to the needy person, or to
30 some person or agency in his behalf, upon removal of the
31 person from the public aid rolls or upon termination of
32 services under Article X.
33 If the notice of support due issued pursuant to Section
34 10-7 directs that support payments be made directly to the
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1 needy person, or to some person or agency in his behalf, and
2 the recipient is removed from the public aid rolls, court
3 action may be taken against the responsible relative
4 hereunder if he fails to furnish support in accordance with
5 the terms of such notice.
6 Actions may also be brought under this Section in behalf
7 of any person who is in need of support from responsible
8 relatives, as defined in Section 2-11 of Article II who is
9 not an applicant for or recipient of financial aid under this
10 Code. In such instances, the State's Attorney of the county
11 in which such person resides shall bring action against the
12 responsible relatives hereunder. If the Illinois Department,
13 as authorized by Section 10-1, extends the support services
14 provided by this Article to spouses and dependent children
15 who are not applicants or recipients under this Code, the
16 Child and Spouse Support Unit established by Section 10-3.1
17 shall bring action against the responsible relatives
18 hereunder and any support orders entered by the court in such
19 cases shall provide that payments thereunder be made directly
20 to the Illinois Department.
21 Whenever it is determined in a proceeding to establish or
22 enforce a child support or maintenance obligation that the
23 person owing a duty of support is unemployed, the court may
24 order the person to seek employment and report periodically
25 to the court with a diary, listing or other memorandum of his
26 or her efforts in accordance with such order. Additionally,
27 the court may order the unemployed person to report to the
28 Department of Employment Security for job search services or
29 to make application with the local Jobs Training Partnership
30 Act provider for participation in job search, training or
31 work programs and where the duty of support is owed to a
32 child receiving support services under this Article X, the
33 court may order the unemployed person to report to the
34 Illinois Department of Human Services for participation in
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1 job search, training or work programs established under
2 Section 9-6 of this Code.
3 A determination under this Section shall not be
4 administratively reviewable by the procedures specified in
5 Sections 10-12, and 10-13 to 10-13.10. Any determination
6 under these Sections, if made the basis of court action under
7 this Section, shall not affect the de novo judicial
8 determination required under this Section.
9 A one-time charge of 20% is imposable upon the amount of
10 past-due child support owed on July 1, 1988 which has accrued
11 under a support order entered by the court. The charge shall
12 be imposed in accordance with the provisions of Section 10-21
13 of this Code and shall be enforced by the court upon
14 petition.
15 An order for support entered or modified in a case in
16 which a party is receiving child and spouse support services
17 under this Article X shall include a provision requiring the
18 non-custodial parent to notify the Illinois Department,
19 within 7 days, of the name and address of any new employer of
20 the non-custodial parent, whether the non-custodial parent
21 has access to health insurance coverage through the employer
22 or other group coverage, and, if so, the policy name and
23 number and the names of persons covered under the policy.
24 An order for support shall include a date on which the
25 current support obligation terminates. The termination date
26 shall be no earlier than the date on which the child covered
27 by the order will attain the age of majority or is otherwise
28 emancipated. The order for support shall state that the
29 termination date does not apply to any arrearage that may
30 remain unpaid on that date. Nothing in this paragraph shall
31 be construed to prevent the court from modifying the order.
32 Upon notification in writing or by electronic
33 transmission from the Illinois Department to the clerk of the
34 court that a person who is receiving support payments under
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1 this Section is receiving services under the Child Support
2 Enforcement Program established by Title IV-D of the Social
3 Security Act, any support payments subsequently received by
4 the clerk of the court shall be transmitted in accordance
5 with the instructions of the Illinois Department until the
6 Illinois Department gives notice to the clerk of the court to
7 cease the transmittal. After providing the notification
8 authorized under this paragraph, the Illinois Department
9 shall be entitled as a party to notice of any further
10 proceedings in the case. The clerk of the court shall file a
11 copy of the Illinois Department's notification in the court
12 file. The clerk's failure to file a copy of the
13 notification in the court file shall not, however, affect the
14 Illinois Department's right to receive notice of further
15 proceedings.
16 Payments under this Section to the Illinois Department
17 pursuant to the Child Support Enforcement Program established
18 by Title IV-D of the Social Security Act shall be paid into
19 the Child Support Enforcement Trust Fund. All other payments
20 under this Section to the Illinois Department shall be
21 deposited in the Child Support Public Assistance Recoveries
22 Trust Fund. Disbursements from these funds shall be as
23 provided in Sections 39b58 and 39b59 of the Civil
24 Administrative Code of Illinois 12-9 and 12-10.2 of this
25 Code. Payments received by a local governmental unit shall be
26 deposited in that unit's General Assistance Fund.
27 (Source: P.A. 88-307; 88-687, eff. 1-24-95.)
28 (305 ILCS 5/10-11.1) (from Ch. 23, par. 10-11.1)
29 Sec. 10-11.1. Whenever it is determined in a proceeding
30 under Sections 10-6, 10-7, 10-11 or 10-17.1 that the
31 responsible relative is unemployed, and support is sought on
32 behalf of applicants for or recipients of financial aid under
33 Article IV of this Code or other persons who are given access
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1 to the child and spouse support services of this Article as
2 provided in Section 10-1, the administrative enforcement unit
3 may order the responsible relative to report to the Illinois
4 Department of Human Services for participation in job search,
5 training or work programs established under Section 9-6 of
6 this Code or to the Illinois Department of Employment
7 Security for job search services or to make application with
8 the local Jobs Training Partnership Act provider for
9 participation in job search, training or work programs.
10 (Source: P.A. 85-1155.)
11 (305 ILCS 5/10-15) (from Ch. 23, par. 10-15)
12 Sec. 10-15. Enforcement of Administrative Order - Costs
13 and Fees. If a responsible relative refuses, neglects, or
14 fails to comply with a final administrative support or
15 reimbursement order of the Illinois Department entered by the
16 Child and Spouse Support Unit pursuant to Sections 10-11 or
17 10-11.1 or registered pursuant to Section 10-17.1, the Child
18 and Spouse Support Unit may file suit against the responsible
19 relative or relatives to secure compliance with the
20 administrative order.
21 Suits shall be instituted in the name of the People of
22 the State of Illinois on the relation of the Department of
23 Revenue Human Services of the State of Illinois and the
24 spouse or dependent children for whom the support order has
25 been issued.
26 The court shall order the payment of the support
27 obligation, or orders for reimbursement of moneys for support
28 provided, directly to the Illinois Department but the order
29 shall permit the Illinois Department to direct the
30 responsible relative or relatives to make payments of support
31 directly to the spouse or dependent children, or to some
32 person or agency in his or their behalf, as provided in
33 Section 10-8 or 10-10, as applicable.
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1 Whenever it is determined in a proceeding to enforce an
2 administrative order that the responsible relative is
3 unemployed, and support is sought on behalf of applicants for
4 or recipients of financial aid under Article IV of this Code
5 or other persons who are given access to the child and spouse
6 support services of this Article as provided in Section 10-1,
7 the court may order the responsible relative to seek
8 employment and report periodically to the court with a diary,
9 listing or other memorandum of his or her efforts in
10 accordance with such order. In addition, the court may order
11 the unemployed responsible relative to report to the Illinois
12 Department of Human Services for participation in job search,
13 training or work programs established under Section 9-6 of
14 this Code or to the Illinois Department of Employment
15 Security for job search services or to make application with
16 the local Jobs Training Partnership Act provider for
17 participation in job search, training or work programs.
18 Charges imposed in accordance with the provisions of
19 Section 10-21 shall be enforced by the Court in a suit filed
20 under this Section.
21 (Source: P.A. 85-1440.)
22 (305 ILCS 5/10-16) (from Ch. 23, par. 10-16)
23 Sec. 10-16. Judicial enforcement of court and
24 administrative support orders.) Court orders entered in
25 proceedings under Section 10-10 and court orders for
26 enforcement of an administrative order under Section 10-15
27 and for the payment of money may be enforced by attachment as
28 for contempt against the persons of the defendants, and in
29 addition, as other judgments for the payment of money, and
30 costs may be adjudged against the defendants and apportioned
31 among them; but if the complaint is dismissed, costs shall be
32 borne by the Illinois Department or the local governmental
33 unit, as the case may be. If a responsible relative is
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1 directed by the Illinois Department, or the local
2 governmental unit, under the conditions stated in Section
3 10-8, to make support payments directly to the person, or to
4 some person or agency in his behalf, the court order entered
5 against him under this Section or Section 10-10 may be
6 enforced as herein provided if he thereafter fails to furnish
7 support in accordance with its terms. The State of Illinois
8 shall not be required to make a deposit for or pay any costs
9 or fees of any court or officer thereof in any proceeding
10 instituted under this Section.
11 The provisions of the Civil Practice Law, and all
12 amendments and modifications thereof, shall apply to and
13 govern all actions instituted under this Section and Section
14 10-10. In such actions proof that a person is an applicant
15 for or recipient of public aid under any Article of this Code
16 shall be prima facie proof that he is a person in necessitous
17 circumstances by reason of infirmity, unemployment or other
18 cause depriving him of the means of a livelihood compatible
19 with health and well-being.
20 Payments under this Section to the Illinois Department
21 pursuant to the Child Support Enforcement Program established
22 by Title IV-D of the Social Security Act shall be paid into
23 the Child Support Enforcement Trust Fund. All other payments
24 under this Section to the Illinois Department shall be
25 deposited in the Child Support Public Assistance Recoveries
26 Trust Fund. Disbursements from these funds shall be as
27 provided in Sections 39b58 and 39b59 of the Civil
28 Administrative Code of Illinois 12-9 and 12-10.2 of this
29 Code. Payments received by a local governmental unit shall be
30 deposited in that unit's General Assistance Fund.
31 (Source: P.A. 83-1126.)
32 (305 ILCS 5/10-16.2) (from Ch. 23, par. 10-16.2)
33 (Text of Section before amendment by P.A. 89-507)
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1 Sec. 10-16.2. Withholding of Income to Secure Payment of
2 Support.
3 (A) Definitions.
4 (1) "Order for support" means any order of the court
5 which provides for periodic payment of funds for the support
6 of a child or maintenance of a spouse, whether temporary or
7 final, and includes any such order which provides for:
8 (a) Modification or resumption of, or payment of
9 arrearage accrued under, a previously existing order;
10 (b) Reimbursement of support; or
11 (c) Enrollment in a health insurance plan that is
12 available to the obligor through an employer or labor
13 union or trade union.
14 (2) "Arrearage" means the total amount of unpaid support
15 obligations.
16 (3) "Delinquency" means any payment under an order for
17 support which becomes due and remains unpaid after an order
18 for withholding has been entered under subsection (B) or, for
19 purposes of subsection (K), after the last order for support
20 was entered for which no order for withholding was entered.
21 (4) "Income" means any form of periodic payment to an
22 individual, regardless of source, including, but not limited
23 to: wages, salary, commission, compensation as an independent
24 contractor, workers' compensation, disability, annuity and
25 retirement benefits, lottery prize awards, insurance
26 proceeds, vacation pay, bonuses, profit-sharing payments and
27 any other payments, made by any person, private entity,
28 federal or state government, any unit of local government,
29 school district or any entity created by Public Act; however,
30 "income" excludes:
31 (a) Any amounts required by law to be withheld,
32 other than creditor claims, including, but not limited
33 to, federal, State and local taxes, Social Security and
34 other retirement and disability contributions;
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1 (b) Union dues;
2 (c) Any amounts exempted by the federal Consumer
3 Credit Protection Act;
4 (d) Public assistance payments; and
5 (e) Unemployment insurance benefits except as
6 provided by law.
7 Any other State or local laws which limit or exempt
8 income or the amount or percentage of income that can be
9 withheld shall not apply.
10 (5) "Obligor" means the individual who owes a duty to
11 make payments under an order for support.
12 (6) "Obligee" means the individual to whom a duty of
13 support is owed or the individual's legal representative.
14 (7) "Payor" means any payor of income to an obligor.
15 (8) "Public office" means any elected official or any
16 State or local agency which is or may become responsible by
17 law for enforcement of, or which is or may become authorized
18 to enforce, an order for support, including, but not limited
19 to: the Attorney General, the Illinois Department of Revenue
20 Public Aid, the Illinois Department of Mental Health and
21 Developmental Disabilities, the Illinois Department of
22 Children and Family Services, and the various State's
23 Attorneys, Clerks of the Circuit Court and supervisors of
24 general assistance.
25 (9) "Premium" means the dollar amount for which the
26 obligor is liable to his employer or labor union or trade
27 union and which must be paid to enroll or maintain a child in
28 a health insurance plan that is available to the obligor
29 through an employer or labor union or trade union.
30 (B) Entry of an Order for Withholding.
31 (1) Upon entry of any order for support on or after
32 January 1, 1984, the court shall enter a separate order for
33 withholding which shall not take effect unless the obligor
34 becomes delinquent in paying the order for support or the
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1 obligor requests an earlier effective date; except that the
2 court may require the order for withholding to take effect
3 immediately.
4 On or after January 1, 1989, the court shall require the
5 order for withholding to take effect immediately, unless a
6 written agreement is reached between and signed by both
7 parties providing for an alternative arrangement, approved
8 and entered into the record by the court, which insures
9 payment of support. In that case, the court shall enter the
10 order for withholding which will not take effect unless the
11 obligor becomes delinquent in paying the order for support.
12 Upon entry of any order of support on or after September
13 11, 1989, if the obligor is not a United States citizen, the
14 obligor shall provide to the court the obligor's alien
15 registration number, passport number, and home country's
16 social security or national health number, if applicable; the
17 court shall make the information part of the record in the
18 case.
19 (2) An order for withholding shall be entered upon
20 petition by the obligee or public office where an order for
21 withholding has not been previously entered.
22 (3) The order for withholding shall:
23 (a) Direct any payor to withhold a dollar amount
24 equal to the order for support; and
25 (b) Direct any payor to withhold an additional
26 dollar amount, not less than 20% of the order for
27 support, until payment in full of any delinquency stated
28 in the notice of delinquency provided for in subsection
29 (C) or (F) of this Section; and
30 (c) Direct any payor or labor union or trade union
31 to enroll a child as a beneficiary of a health insurance
32 plan and withhold or cause to be withheld, if
33 applicable, any required premium; and
34 (d) State the rights, remedies and duties of the
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1 obligor under this Section; and
2 (e) Include the obligor's Social Security Number,
3 which the obligor shall disclose to the court; and
4 (f) Include the date that withholding for current
5 support terminates, which shall be the date of
6 termination of the current support obligation set forth
7 in the order for support.
8 (4) At the time the order for withholding is entered,
9 the Clerk of the Circuit Court shall provide a copy of the
10 order for withholding and the order for support to the
11 obligor and shall make copies available to the obligee and
12 public office. Any copy of the order for withholding
13 furnished to the parties under this subsection shall be
14 stamped "Not Valid".
15 (5) The order for withholding shall remain in effect for
16 as long as the order for support upon which it is based.
17 (6) The failure of an order for withholding to state an
18 arrearage is not conclusive of the issue of whether an
19 arrearage is owing.
20 (7) Notwithstanding the provisions of this subsection,
21 if the court finds at the time of any hearing that an
22 arrearage has accrued in an amount equal to at least one
23 month's support obligation or that the obligor is 30 days
24 late in paying all or part of the order for support, the
25 court shall order immediate service of the order for
26 withholding upon the payor.
27 (8) Where the court has not required that the order for
28 withholding take effect immediately, the obligee or public
29 office may prepare and serve a notice for immediate
30 withholding upon the obligor by ordinary mail addressed to
31 the obligor at his or her last known address. The notice
32 shall state that the following circumstances have occurred:
33 (a) The parties' written agreement providing an
34 alternative arrangement to immediate withholding under
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1 paragraph (1) of this subsection no longer provides for
2 timely payment of all support due; or
3 (b) The obligor has not made timely payments in
4 that the obligor has been at least 7 days late in paying
5 all or part of the order for support any of the last 6
6 consecutive dates payments were due prior to the date of
7 the notice for immediate withholding.
8 The notice for immediate withholding shall clearly state
9 that a specially certified copy of the order for withholding
10 will be sent to the payor, unless the obligor files a
11 petition contesting immediate withholding within 20 days
12 after service of the notice; however, the grounds for the
13 petition shall be limited to a dispute concerning whether the
14 circumstances stated in the notice have occurred or the
15 identity of the obligor. It shall not be grounds for the
16 petition that the obligor has made all payments due by the
17 date of the petition.
18 If the obligor files a petition contesting immediate
19 withholding within the 20-day period required under this
20 paragraph, the Clerk of the Circuit Court shall notify the
21 obligor and the obligee or public office, as appropriate, of
22 the time and place of the hearing on the petition. Upon
23 hearing the petition, the court shall enter an order granting
24 or denying relief. It shall not be grounds for granting the
25 obligor's petition that he or she has made all payments due
26 by the date of hearing. If the court denies the obligor's
27 petition, it shall order immediate service of the order for
28 withholding and direct the clerk to provide a specially
29 certified copy of the order for withholding to the obligee or
30 public office indicating that the requirements for immediate
31 withholding under this paragraph have been met.
32 If the obligor does not file a petition contesting
33 immediate withholding within the 20-day period, the obligee
34 or public office shall file with the Clerk of the Circuit
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1 Court an affidavit, with a copy of the notice for immediate
2 withholding attached thereto, stating that the notice was
3 duly served and the date on which service was effected, and
4 that the obligor has not filed a petition contesting
5 immediate withholding. The clerk shall then provide to the
6 obligee or public office a specially certified copy of the
7 order for withholding indicating that the requirements for
8 immediate withholding under this paragraph have been met.
9 Upon receipt of a specially certified copy of the order
10 for withholding, the obligee or public office may serve the
11 order on the payor, its superintendent, manager or other
12 agent, by certified mail or personal delivery. A proof of
13 service shall be filed with the Clerk of the Circuit Court.
14 (C) Notice of Delinquency.
15 (1) Whenever an obligor becomes delinquent in payment of
16 an amount equal to at least one month's support obligation
17 pursuant to the order for support or is at least 30 days late
18 in complying with all or part of the order for support,
19 whichever occurs first, the obligee or public office may
20 prepare and serve a verified notice of delinquency, together
21 with a form petition to stay service, pursuant to paragraph
22 (3) of this subsection.
23 (2) The notice of delinquency shall recite the terms of
24 the order for support and contain a computation of the period
25 and total amount of the delinquency, as of the date of the
26 notice. The notice shall clearly state that it will be sent
27 to the payor, together with a specially certified copy of the
28 order for withholding, except as provided in subsection (F),
29 unless the obligor files a petition to stay service in
30 accordance with paragraph (1) of subsection (D).
31 (3) The notice of delinquency shall be served by
32 ordinary mail addressed to the obligor at his or her last
33 known address.
34 (4) The obligor may execute a written waiver of the
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1 provisions of paragraphs (1) through (3) of this subsection
2 and request immediate service upon the payor.
3 (D) Procedures to Avoid Income Withholding.
4 (1) Except as provided in subsection (F), the obligor
5 may prevent an order for withholding from being served by
6 filing a petition to stay service with the Clerk of the
7 Circuit Court, within 20 days after service of the notice of
8 delinquency; however, the grounds for the petition to stay
9 service shall be limited to:
10 (a) A dispute concerning the amount of current
11 support or the existence or amount of the delinquency;
12 (b) The identity of the obligor.
13 The Clerk of the Circuit Court shall notify the obligor
14 and the obligee or public office, as appropriate, of the time
15 and place of the hearing on the petition to stay service. The
16 court shall hold such hearing pursuant to the provisions of
17 subsection (H).
18 (2) Except as provided in subsection (F), filing of a
19 petition to stay service, within the 20-day period required
20 under this subsection, shall prohibit the obligee or public
21 office from serving the order for withholding on any payor of
22 the obligor.
23 (E) Initial Service of Order for Withholding.
24 (1) Except as provided in subsection (F), in order to
25 serve an order for withholding upon a payor, an obligee or
26 public office shall follow the procedures set forth in this
27 subsection. After 20 days following service of the notice of
28 delinquency, the obligee or public office shall file with the
29 Clerk of the Circuit Court an affidavit, with the copy of the
30 notice of delinquency attached thereto, stating:
31 (a) that the notice of delinquency has been duly
32 served and the date on which service was effected; and
33 (b) that the obligor has not filed a petition to
34 stay service, or in the alternative
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1 (c) that the obligor has waived the provisions of
2 subparagraphs (a) and (b) of this paragraph (1) in
3 accordance with subsection (C)(4).
4 (2) Upon request of the obligee or public office, the
5 Clerk of the Circuit Court shall: (a) make available any
6 record of payment; and (b) determine that the file contains a
7 copy of the affidavit described in paragraph (1). The Clerk
8 shall then provide to the obligee or public office a
9 specially certified copy of the order for withholding and the
10 notice of delinquency indicating that the preconditions for
11 service have been met.
12 (3) The obligee or public office may then serve the
13 notice of delinquency and order for withholding on the payor,
14 its superintendent, manager or other agent, by certified mail
15 or personal delivery. A proof of service shall be filed with
16 the Clerk of the Circuit Court.
17 (F) Subsequent Service of Order for Withholding.
18 (1) Notwithstanding the provisions of this Section, at
19 any time after the court has ordered immediate service of an
20 order for withholding or after initial service of an order
21 for withholding pursuant to subsection (E), the obligee or
22 public office may serve the order for withholding upon any
23 payor of the obligor without further notice to the obligor.
24 The obligee or public office shall provide notice to the
25 payor, pursuant to paragraph (6) of subsection (I), of any
26 payments that have been made through previous withholding or
27 any other method.
28 (2) The Clerk of the Circuit Court shall, upon request,
29 provide the obligee or public office with specially certified
30 copies of the order for withholding or the notice of
31 delinquency or both whenever the Court has ordered immediate
32 service of an order for withholding or an affidavit has been
33 placed in the court file indicating that the preconditions
34 for service have been previously met or that the requirements
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1 for immediate withholding under paragraph (8) of subsection B
2 have been previously met. The obligee or public office may
3 then serve the order for withholding on the payor, its
4 superintendent, manager or other agent by certified mail or
5 personal delivery. A proof of service shall be filed with
6 the Clerk of the Circuit Court.
7 (3) If a delinquency has accrued for any reason, the
8 obligee or public office may serve a notice of delinquency
9 upon the obligor pursuant to subsection (C). The obligor may
10 prevent the notice of delinquency from being served upon the
11 payor by utilizing the procedures set forth in subsection
12 (D). If no petition to stay service has been filed within the
13 required 20 day time period, the obligee or public office may
14 serve the notice of delinquency on the payor by utilizing the
15 procedures for service set forth in subsection (E).
16 (G) Duties of Payor.
17 (1) It shall be the duty of any payor who has been
18 served with a copy of the specially certified order for
19 withholding and any notice of delinquency to deduct and pay
20 over income as provided in this subsection. The payor shall
21 deduct the amount designated in the order for withholding, as
22 supplemented by the notice of delinquency and any notice
23 provided pursuant to paragraph (6) of subsection (I),
24 beginning no later than the next payment of income which is
25 payable to the obligor that occurs 14 days following the date
26 the order and any notice were mailed by certified mail or
27 placed for personal delivery. The payor may combine all
28 amounts withheld for the benefit of an obligee or public
29 office into a single payment and transmit the payment with a
30 listing of obligors from whom withholding has been effected.
31 The payor shall pay the amount withheld to the obligee or
32 public office within 10 calendar days of the date income is
33 paid to the obligor in accordance with the order for
34 withholding and any subsequent notification received from the
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1 public office redirecting payments. If the payor knowingly
2 fails to pay any amount withheld to the obligee or public
3 office within 10 calendar days of the date income is paid to
4 the obligor, the payor shall pay a penalty of $100 for each
5 day that the withheld amount is not paid to the obligee or
6 public office after the period of 10 calendar days has
7 expired. The failure of a payor, on more than one occasion,
8 to pay amounts withheld to the obligee or public office
9 within 10 calendar days of the date income is not paid to the
10 obligor creates a presumption that the payor knowingly failed
11 to pay the amounts. This penalty may be collected in a civil
12 action which may be brought against the payor in favor of the
13 obligee. For purposes of this Section, a withheld amount
14 shall be considered paid by a payor on the date it is mailed
15 by the payor, or on the date an electronic funds transfer of
16 the amount has been initiated by the payor, or on the date
17 delivery of the amount has been initiated by the payor. For
18 each deduction, the payor shall provide the obligee or public
19 office, at the time of transmittal, with the date income was
20 paid from which support was withheld.
21 Upon receipt of an order requiring that a minor child be
22 named as a beneficiary of a health insurance plan available
23 through an employer or labor union or trade union, the
24 employer or labor union or trade union shall immediately
25 enroll the minor child as a beneficiary in the health
26 insurance plan designated by the court order. The employer
27 shall withhold any required premiums and pay over any amounts
28 so withheld and any additional amounts the employer pays to
29 the insurance carrier in a timely manner. The employer or
30 labor union or trade union shall mail to the obligee, within
31 15 days of enrollment or upon request, notice of the date of
32 coverage, information on the dependent coverage plan, and all
33 forms necessary to obtain reimbursement for covered health
34 expenses, such as would be made available to a new employee.
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1 When an order for dependent coverage is in effect and the
2 insurance coverage is terminated or changed for any reason,
3 the employer or labor union or trade union shall notify the
4 obligee within 10 days of the termination or change date
5 along with notice of conversion privileges.
6 For withholding of income, the payor shall be entitled to
7 receive a fee not to exceed $5 per month to be taken from the
8 income to be paid to the obligor.
9 (2) Whenever the obligor is no longer receiving income
10 from the payor, the payor shall return a copy of the order
11 for withholding to the obligee or public office and shall
12 provide information for the purpose of enforcing this
13 Section.
14 (3) Withholding of income under this Section shall be
15 made without regard to any prior or subsequent garnishments,
16 attachments, wage assignments, or any other claims of
17 creditors. Withholding of income under this Section shall
18 not be in excess of the maximum amounts permitted under the
19 federal Consumer Credit Protection Act. If the payor has been
20 served with more than one order for withholding pertaining to
21 the same obligor, the payor shall allocate income available
22 for withholding on a proportionate share basis, giving
23 priority to current support payments. If there is any income
24 available for withholding after withholding for all current
25 support obligations, the payor shall allocate the income to
26 past due support payments ordered in non-AFDC matters and
27 then to past due support payments ordered in AFDC matters,
28 both on a proportionate share basis. Payment as required by
29 the order for withholding shall be a complete defense by the
30 payor against any claims of the obligor or his creditors as
31 to the sum so paid.
32 (4) No payor shall discharge, discipline, refuse to hire
33 or otherwise penalize any obligor because of the duty to
34 withhold income.
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1 (H) Petitions to Stay Service or to Modify, Suspend or
2 Terminate Orders for Withholding.
3 (1) When an obligor files a petition to stay service,
4 the court, after due notice to all parties, shall hear the
5 matter as soon as practicable and shall enter an order
6 granting or denying relief, amending the notice of
7 delinquency, amending the order for withholding, where
8 applicable, or otherwise resolving the matter. If the court
9 finds that a delinquency existed when the notice of
10 delinquency was served upon the obligor, in an amount of at
11 least one month's support obligation, or that the obligor was
12 at least 30 days late in paying all or part of the order for
13 support, the court shall order immediate service of the order
14 for withholding. Where the court cannot promptly resolve any
15 dispute over the amount of the delinquency, the court may
16 order immediate service of the order for withholding as to
17 any undisputed amounts specified in an amended notice of
18 delinquency, and may continue the hearing on the disputed
19 amounts.
20 (2) At any time, an obligor, obligee, public office or
21 Clerk of the Circuit Court may petition the court to:
22 (a) Modify, suspend or terminate the order for
23 withholding because of a modification, suspension or
24 termination of the underlying order for support; or
25 (b) Modify the amount of income to be withheld to
26 reflect payment in full or in part of the delinquency or
27 arrearage by income withholding or otherwise; or
28 (c) Suspend the order for withholding because of
29 inability to deliver income withheld to the obligee due
30 to the obligee's failure to provide a mailing address or
31 other means of delivery.
32 (3) The obligor, obligee or public office shall serve on
33 the payor, by certified mail or personal delivery, a copy of
34 any order entered pursuant to this subsection that affects
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1 the duties of the payor.
2 (4) At any time, a public office or Clerk of the Circuit
3 Court may serve a notice on the payor to:
4 (a) cease withholding of income for payment of
5 current support for a child when the support obligation
6 for that child has automatically ceased under the order
7 for support through emancipation or otherwise; or
8 (b) cease withholding of income for payment of
9 delinquency or arrearage when the delinquency or
10 arrearage has been paid in full.
11 (5) The notice provided for under paragraph (4) of this
12 subsection shall be served on the payor by ordinary mail, and
13 a copy shall be provided to the obligor and the obligee. A
14 copy of the notice shall be filed with the Clerk of the
15 Circuit Court.
16 (6) The order for withholding shall continue to be
17 binding upon the payor until service of any order of the
18 court or notice entered or provided for under this
19 subsection.
20 (I) Additional Duties.
21 (1) An obligee who is receiving income withholding
22 payments under this Section shall notify the payor, if the
23 obligee receives the payments directly from the payor, or the
24 public office or the Clerk of the Circuit Court, as
25 appropriate, of any change of address within 7 days of such
26 change.
27 (2) An obligee who is a recipient of public aid shall
28 send a copy of any notice of delinquency filed pursuant to
29 subsection (C) to the Bureau of Child Support of the Illinois
30 Department of Revenue Public Aid.
31 (3) Each obligor shall notify the obligee and the Clerk
32 of the Circuit Court of any change of address within 7 days.
33 (4) An obligor whose income is being withheld or who has
34 been served with a notice of delinquency pursuant to this
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1 Section shall notify the obligee and the Clerk of the Circuit
2 Court of any new payor, within 7 days.
3 (5) When the Illinois Department of Revenue Public Aid
4 is no longer authorized to receive payments for the obligee,
5 it shall, within 7 days, notify the payor or, where
6 appropriate, the Clerk of the Circuit Court, to redirect
7 income withholding payments to the obligee.
8 (6) The obligee or public office shall provide notice to
9 the payor and Clerk of the Circuit Court of any other support
10 payment made, including but not limited to, a set-off under
11 federal and State law or partial payment of the delinquency
12 or arrearage, or both.
13 (7) Any public office and Clerk of the Circuit Court
14 which collects, disburses or receives payments pursuant to
15 orders for withholding shall maintain complete, accurate, and
16 clear records of all payments and their disbursements.
17 Certified copies of payment records maintained by a public
18 office or Clerk of the Circuit Court shall, without further
19 proof, be admitted into evidence in any legal proceedings
20 under this Section.
21 (8) The Illinois Department of Revenue Public Aid shall
22 design suggested legal forms for proceeding under this
23 Section and shall make available to the courts such forms and
24 informational materials which describe the procedures and
25 remedies set forth herein for distribution to all parties in
26 support actions.
27 (9) At the time of transmitting each support payment,
28 the clerk of the circuit court shall provide the obligee or
29 public office, as appropriate, with any information furnished
30 by the payor as to the date income was paid from which such
31 support was withheld.
32 (J) Penalties.
33 (1) Where a payor wilfully fails to withhold or pay over
34 income pursuant to a properly served, specially certified
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1 order for withholding and any notice of delinquency, or
2 wilfully discharges, disciplines, refuses to hire or
3 otherwise penalizes an obligor as prohibited by subsection
4 (G), or otherwise fails to comply with any duties imposed by
5 this Section, the obligee, public office or obligor, as
6 appropriate, may file a complaint with the court against the
7 payor. The clerk of the circuit court shall notify the
8 obligee or public office, as appropriate, and the obligor and
9 payor of the time and place of the hearing on the complaint.
10 The court shall resolve any factual dispute including, but
11 not limited to, a denial that the payor is paying or has paid
12 income to the obligor. Upon a finding in favor of the
13 complaining party, the court:
14 (a) Shall enter judgment and direct the enforcement
15 thereof for the total amount that the payor wilfully
16 failed to withhold or pay over; and
17 (b) May order employment or reinstatement of or
18 restitution to the obligor, or both, where the obligor
19 has been discharged, disciplined, denied employment or
20 otherwise penalized by the payor and may impose a fine
21 upon the payor not to exceed $200.
22 (2) Any obligee, public office or obligor who wilfully
23 initiates a false proceeding under this Section or who
24 wilfully fails to comply with the requirements of this
25 Section shall be punished as in cases of contempt of court.
26 (K) Alternative Procedures for Entry and Service of an Order
27 for Withholding.
28 (1) Effective January 1, 1987, in any matter in which an
29 order for withholding has not been entered for any reason,
30 based upon the last order for support that has been entered,
31 and in which the obligor has become delinquent in payment of
32 an amount equal to at least one month's support obligation
33 pursuant to the last order for support or is at least 30 days
34 late in complying with all or part of the order for support,
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1 the obligee or public office may prepare and serve an order
2 for withholding pursuant to the procedures set forth in this
3 subsection.
4 (2) The obligee or public office shall:
5 (a) Prepare a proposed order for withholding for
6 immediate service as provided by paragraphs (1) and (3)
7 of subsection (B), except that the minimum 20%
8 delinquency payment shall be used;
9 (b) Prepare a notice of delinquency as provided by
10 paragraphs (1) and (2) of subsection (C), except the
11 notice shall state further that the order for withholding
12 has not been entered by the court and the conditions
13 under which the order will be entered; and
14 (c) Serve the notice of delinquency and form
15 petition to stay service as provided by paragraph (3) of
16 subsection (C), together with the proposed order for
17 withholding, which shall be marked "COPY ONLY".
18 (3) After 20 days following service of the notice of
19 delinquency and proposed order for withholding, in lieu of
20 the provisions of subsection (E), the obligee or public
21 office shall file with the Clerk of the Circuit Court an
22 affidavit, with a copy of the notice of delinquency and
23 proposed order for withholding attached thereto, stating
24 that:
25 (a) The notice of delinquency and proposed order
26 for withholding have been served upon the obligor and the
27 date on which service was effected;
28 (b) The obligor has not filed a petition to stay
29 service within 20 days of service of such notice and
30 order; and
31 (c) The proposed order for withholding accurately
32 states the terms and amounts contained in the last order
33 for support.
34 (4) Upon the court's satisfaction that the procedures
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1 set forth in this subsection have been met, it shall enter
2 the order for withholding.
3 (5) The Clerk shall then provide to the obligee or
4 public office a specially certified copy of the order for
5 withholding and the notice of delinquency indicating that the
6 preconditions for service have been met.
7 (6) The obligee or public office shall serve the
8 specially certified copies of the order for withholding and
9 the notice of delinquency on the payor, its superintendent,
10 manager or other agent by certified mail or personal
11 delivery. A proof of service shall be filed with the Clerk
12 of the Circuit Court.
13 (7) If the obligor requests in writing that income
14 withholding become effective prior to becoming delinquent in
15 payment of an amount equal to one month's support obligation
16 pursuant to the last order for support, or prior to becoming
17 30 days late in paying all or part of the order for support,
18 the obligee or public office shall file an affidavit with the
19 Clerk of the circuit Court, with a proposed order for
20 withholding attached, stating that the proposed order
21 accurately states the terms and amounts contained in the last
22 order for support and the obligor's request for immediate
23 service. The provisions of paragraphs (4) through (6) of
24 this subsection shall apply, except that a notice of
25 delinquency shall not be required.
26 (8) All other provisions of this Section shall be
27 applicable with respect to the provisions of this subsection
28 (K), except that under paragraph (1) of subsection (H), the
29 court may also amend the proposed order for withholding to
30 conform to the last order for support.
31 (9) Nothing in this subsection shall be construed as
32 limiting the requirements of paragraph (1) of subsection (B)
33 with respect to the entry of a separate order for withholding
34 upon entry of any order for support.
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1 (L) Remedies in Addition to Other Laws.
2 (1) The rights, remedies, duties and penalties created
3 by this Section are in addition to and not in substitution
4 for any other rights, remedies, duties and penalties created
5 by any other law.
6 (2) Nothing in this Section shall be construed as
7 invalidating any assignment of wages or benefits executed
8 prior to January 1, 1984.
9 (Source: P.A. 87-529; 87-935; 87-988; 87-1105; 88-26; 88-45;
10 88-94; 88-131; 88-307; 88-670, eff. 12-2-94.)
11 (Text of Section after amendment by P.A. 89-507)
12 Sec. 10-16.2. Withholding of Income to Secure Payment of
13 Support.
14 (A) Definitions.
15 (1) "Order for support" means any order of the court
16 which provides for periodic payment of funds for the support
17 of a child or maintenance of a spouse, whether temporary or
18 final, and includes any such order which provides for:
19 (a) Modification or resumption of, or payment of
20 arrearage accrued under, a previously existing order;
21 (b) Reimbursement of support; or
22 (c) Enrollment in a health insurance plan that is
23 available to the obligor through an employer or labor
24 union or trade union.
25 (2) "Arrearage" means the total amount of unpaid support
26 obligations.
27 (3) "Delinquency" means any payment under an order for
28 support which becomes due and remains unpaid after an order
29 for withholding has been entered under subsection (B) or, for
30 purposes of subsection (K), after the last order for support
31 was entered for which no order for withholding was entered.
32 (4) "Income" means any form of periodic payment to an
33 individual, regardless of source, including, but not limited
34 to: wages, salary, commission, compensation as an independent
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1 contractor, workers' compensation, disability, annuity and
2 retirement benefits, lottery prize awards, insurance
3 proceeds, vacation pay, bonuses, profit-sharing payments and
4 any other payments, made by any person, private entity,
5 federal or state government, any unit of local government,
6 school district or any entity created by Public Act; however,
7 "income" excludes:
8 (a) Any amounts required by law to be withheld,
9 other than creditor claims, including, but not limited
10 to, federal, State and local taxes, Social Security and
11 other retirement and disability contributions;
12 (b) Union dues;
13 (c) Any amounts exempted by the federal Consumer
14 Credit Protection Act;
15 (d) Public assistance payments; and
16 (e) Unemployment insurance benefits except as
17 provided by law.
18 Any other State or local laws which limit or exempt
19 income or the amount or percentage of income that can be
20 withheld shall not apply.
21 (5) "Obligor" means the individual who owes a duty to
22 make payments under an order for support.
23 (6) "Obligee" means the individual to whom a duty of
24 support is owed or the individual's legal representative.
25 (7) "Payor" means any payor of income to an obligor.
26 (8) "Public office" means any elected official or any
27 State or local agency which is or may become responsible by
28 law for enforcement of, or which is or may become authorized
29 to enforce, an order for support, including, but not limited
30 to: the Attorney General, the Illinois Department of Revenue
31 Public Aid, the Illinois Department of Human Services (as
32 successor to the Department of Mental Health and
33 Developmental Disabilities), the Illinois Department of
34 Children and Family Services, and the various State's
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1 Attorneys, Clerks of the Circuit Court and supervisors of
2 general assistance.
3 (9) "Premium" means the dollar amount for which the
4 obligor is liable to his employer or labor union or trade
5 union and which must be paid to enroll or maintain a child in
6 a health insurance plan that is available to the obligor
7 through an employer or labor union or trade union.
8 (B) Entry of an Order for Withholding.
9 (1) Upon entry of any order for support on or after
10 January 1, 1984, the court shall enter a separate order for
11 withholding which shall not take effect unless the obligor
12 becomes delinquent in paying the order for support or the
13 obligor requests an earlier effective date; except that the
14 court may require the order for withholding to take effect
15 immediately.
16 On or after January 1, 1989, the court shall require the
17 order for withholding to take effect immediately, unless a
18 written agreement is reached between and signed by both
19 parties providing for an alternative arrangement, approved
20 and entered into the record by the court, which insures
21 payment of support. In that case, the court shall enter the
22 order for withholding which will not take effect unless the
23 obligor becomes delinquent in paying the order for support.
24 Upon entry of any order of support on or after September
25 11, 1989, if the obligor is not a United States citizen, the
26 obligor shall provide to the court the obligor's alien
27 registration number, passport number, and home country's
28 social security or national health number, if applicable; the
29 court shall make the information part of the record in the
30 case.
31 (2) An order for withholding shall be entered upon
32 petition by the obligee or public office where an order for
33 withholding has not been previously entered.
34 (3) The order for withholding shall:
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1 (a) Direct any payor to withhold a dollar amount
2 equal to the order for support; and
3 (b) Direct any payor to withhold an additional
4 dollar amount, not less than 20% of the order for
5 support, until payment in full of any delinquency stated
6 in the notice of delinquency provided for in subsection
7 (C) or (F) of this Section; and
8 (c) Direct any payor or labor union or trade union
9 to enroll a child as a beneficiary of a health insurance
10 plan and withhold or cause to be withheld, if
11 applicable, any required premium; and
12 (d) State the rights, remedies and duties of the
13 obligor under this Section; and
14 (e) Include the obligor's Social Security Number,
15 which the obligor shall disclose to the court; and
16 (f) Include the date that withholding for current
17 support terminates, which shall be the date of
18 termination of the current support obligation set forth
19 in the order for support.
20 (4) At the time the order for withholding is entered,
21 the Clerk of the Circuit Court shall provide a copy of the
22 order for withholding and the order for support to the
23 obligor and shall make copies available to the obligee and
24 public office. Any copy of the order for withholding
25 furnished to the parties under this subsection shall be
26 stamped "Not Valid".
27 (5) The order for withholding shall remain in effect for
28 as long as the order for support upon which it is based.
29 (6) The failure of an order for withholding to state an
30 arrearage is not conclusive of the issue of whether an
31 arrearage is owing.
32 (7) Notwithstanding the provisions of this subsection,
33 if the court finds at the time of any hearing that an
34 arrearage has accrued in an amount equal to at least one
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1 month's support obligation or that the obligor is 30 days
2 late in paying all or part of the order for support, the
3 court shall order immediate service of the order for
4 withholding upon the payor.
5 (8) Where the court has not required that the order for
6 withholding take effect immediately, the obligee or public
7 office may prepare and serve a notice for immediate
8 withholding upon the obligor by ordinary mail addressed to
9 the obligor at his or her last known address. The notice
10 shall state that the following circumstances have occurred:
11 (a) The parties' written agreement providing an
12 alternative arrangement to immediate withholding under
13 paragraph (1) of this subsection no longer provides for
14 timely payment of all support due; or
15 (b) The obligor has not made timely payments in
16 that the obligor has been at least 7 days late in paying
17 all or part of the order for support any of the last 6
18 consecutive dates payments were due prior to the date of
19 the notice for immediate withholding.
20 The notice for immediate withholding shall clearly state
21 that a specially certified copy of the order for withholding
22 will be sent to the payor, unless the obligor files a
23 petition contesting immediate withholding within 20 days
24 after service of the notice; however, the grounds for the
25 petition shall be limited to a dispute concerning whether the
26 circumstances stated in the notice have occurred or the
27 identity of the obligor. It shall not be grounds for the
28 petition that the obligor has made all payments due by the
29 date of the petition.
30 If the obligor files a petition contesting immediate
31 withholding within the 20-day period required under this
32 paragraph, the Clerk of the Circuit Court shall notify the
33 obligor and the obligee or public office, as appropriate, of
34 the time and place of the hearing on the petition. Upon
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1 hearing the petition, the court shall enter an order granting
2 or denying relief. It shall not be grounds for granting the
3 obligor's petition that he or she has made all payments due
4 by the date of hearing. If the court denies the obligor's
5 petition, it shall order immediate service of the order for
6 withholding and direct the clerk to provide a specially
7 certified copy of the order for withholding to the obligee or
8 public office indicating that the requirements for immediate
9 withholding under this paragraph have been met.
10 If the obligor does not file a petition contesting
11 immediate withholding within the 20-day period, the obligee
12 or public office shall file with the Clerk of the Circuit
13 Court an affidavit, with a copy of the notice for immediate
14 withholding attached thereto, stating that the notice was
15 duly served and the date on which service was effected, and
16 that the obligor has not filed a petition contesting
17 immediate withholding. The clerk shall then provide to the
18 obligee or public office a specially certified copy of the
19 order for withholding indicating that the requirements for
20 immediate withholding under this paragraph have been met.
21 Upon receipt of a specially certified copy of the order
22 for withholding, the obligee or public office may serve the
23 order on the payor, its superintendent, manager or other
24 agent, by certified mail or personal delivery. A proof of
25 service shall be filed with the Clerk of the Circuit Court.
26 (C) Notice of Delinquency.
27 (1) Whenever an obligor becomes delinquent in payment of
28 an amount equal to at least one month's support obligation
29 pursuant to the order for support or is at least 30 days late
30 in complying with all or part of the order for support,
31 whichever occurs first, the obligee or public office may
32 prepare and serve a verified notice of delinquency, together
33 with a form petition to stay service, pursuant to paragraph
34 (3) of this subsection.
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1 (2) The notice of delinquency shall recite the terms of
2 the order for support and contain a computation of the period
3 and total amount of the delinquency, as of the date of the
4 notice. The notice shall clearly state that it will be sent
5 to the payor, together with a specially certified copy of the
6 order for withholding, except as provided in subsection (F),
7 unless the obligor files a petition to stay service in
8 accordance with paragraph (1) of subsection (D).
9 (3) The notice of delinquency shall be served by
10 ordinary mail addressed to the obligor at his or her last
11 known address.
12 (4) The obligor may execute a written waiver of the
13 provisions of paragraphs (1) through (3) of this subsection
14 and request immediate service upon the payor.
15 (D) Procedures to Avoid Income Withholding.
16 (1) Except as provided in subsection (F), the obligor
17 may prevent an order for withholding from being served by
18 filing a petition to stay service with the Clerk of the
19 Circuit Court, within 20 days after service of the notice of
20 delinquency; however, the grounds for the petition to stay
21 service shall be limited to:
22 (a) A dispute concerning the amount of current
23 support or the existence or amount of the delinquency;
24 (b) The identity of the obligor.
25 The Clerk of the Circuit Court shall notify the obligor
26 and the obligee or public office, as appropriate, of the time
27 and place of the hearing on the petition to stay service. The
28 court shall hold such hearing pursuant to the provisions of
29 subsection (H).
30 (2) Except as provided in subsection (F), filing of a
31 petition to stay service, within the 20-day period required
32 under this subsection, shall prohibit the obligee or public
33 office from serving the order for withholding on any payor of
34 the obligor.
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1 (E) Initial Service of Order for Withholding.
2 (1) Except as provided in subsection (F), in order to
3 serve an order for withholding upon a payor, an obligee or
4 public office shall follow the procedures set forth in this
5 subsection. After 20 days following service of the notice of
6 delinquency, the obligee or public office shall file with the
7 Clerk of the Circuit Court an affidavit, with the copy of the
8 notice of delinquency attached thereto, stating:
9 (a) that the notice of delinquency has been duly
10 served and the date on which service was effected; and
11 (b) that the obligor has not filed a petition to
12 stay service, or in the alternative
13 (c) that the obligor has waived the provisions of
14 subparagraphs (a) and (b) of this paragraph (1) in
15 accordance with subsection (C)(4).
16 (2) Upon request of the obligee or public office, the
17 Clerk of the Circuit Court shall: (a) make available any
18 record of payment; and (b) determine that the file contains a
19 copy of the affidavit described in paragraph (1). The Clerk
20 shall then provide to the obligee or public office a
21 specially certified copy of the order for withholding and the
22 notice of delinquency indicating that the preconditions for
23 service have been met.
24 (3) The obligee or public office may then serve the
25 notice of delinquency and order for withholding on the payor,
26 its superintendent, manager or other agent, by certified mail
27 or personal delivery. A proof of service shall be filed with
28 the Clerk of the Circuit Court.
29 (F) Subsequent Service of Order for Withholding.
30 (1) Notwithstanding the provisions of this Section, at
31 any time after the court has ordered immediate service of an
32 order for withholding or after initial service of an order
33 for withholding pursuant to subsection (E), the obligee or
34 public office may serve the order for withholding upon any
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1 payor of the obligor without further notice to the obligor.
2 The obligee or public office shall provide notice to the
3 payor, pursuant to paragraph (6) of subsection (I), of any
4 payments that have been made through previous withholding or
5 any other method.
6 (2) The Clerk of the Circuit Court shall, upon request,
7 provide the obligee or public office with specially certified
8 copies of the order for withholding or the notice of
9 delinquency or both whenever the Court has ordered immediate
10 service of an order for withholding or an affidavit has been
11 placed in the court file indicating that the preconditions
12 for service have been previously met or that the requirements
13 for immediate withholding under paragraph (8) of subsection B
14 have been previously met. The obligee or public office may
15 then serve the order for withholding on the payor, its
16 superintendent, manager or other agent by certified mail or
17 personal delivery. A proof of service shall be filed with
18 the Clerk of the Circuit Court.
19 (3) If a delinquency has accrued for any reason, the
20 obligee or public office may serve a notice of delinquency
21 upon the obligor pursuant to subsection (C). The obligor may
22 prevent the notice of delinquency from being served upon the
23 payor by utilizing the procedures set forth in subsection
24 (D). If no petition to stay service has been filed within the
25 required 20 day time period, the obligee or public office may
26 serve the notice of delinquency on the payor by utilizing the
27 procedures for service set forth in subsection (E).
28 (G) Duties of Payor.
29 (1) It shall be the duty of any payor who has been
30 served with a copy of the specially certified order for
31 withholding and any notice of delinquency to deduct and pay
32 over income as provided in this subsection. The payor shall
33 deduct the amount designated in the order for withholding, as
34 supplemented by the notice of delinquency and any notice
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1 provided pursuant to paragraph (6) of subsection (I),
2 beginning no later than the next payment of income which is
3 payable to the obligor that occurs 14 days following the date
4 the order and any notice were mailed by certified mail or
5 placed for personal delivery. The payor may combine all
6 amounts withheld for the benefit of an obligee or public
7 office into a single payment and transmit the payment with a
8 listing of obligors from whom withholding has been effected.
9 The payor shall pay the amount withheld to the obligee or
10 public office within 10 calendar days of the date income is
11 paid to the obligor in accordance with the order for
12 withholding and any subsequent notification received from the
13 public office redirecting payments. If the payor knowingly
14 fails to pay any amount withheld to the obligee or public
15 office within 10 calendar days of the date income is paid to
16 the obligor, the payor shall pay a penalty of $100 for each
17 day that the withheld amount is not paid to the obligee or
18 public office after the period of 10 calendar days has
19 expired. The failure of a payor, on more than one occasion,
20 to pay amounts withheld to the obligee or public office
21 within 10 calendar days of the date income is not paid to the
22 obligor creates a presumption that the payor knowingly failed
23 to pay the amounts. This penalty may be collected in a civil
24 action which may be brought against the payor in favor of the
25 obligee. For purposes of this Section, a withheld amount
26 shall be considered paid by a payor on the date it is mailed
27 by the payor, or on the date an electronic funds transfer of
28 the amount has been initiated by the payor, or on the date
29 delivery of the amount has been initiated by the payor. For
30 each deduction, the payor shall provide the obligee or public
31 office, at the time of transmittal, with the date income was
32 paid from which support was withheld.
33 Upon receipt of an order requiring that a minor child be
34 named as a beneficiary of a health insurance plan available
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1 through an employer or labor union or trade union, the
2 employer or labor union or trade union shall immediately
3 enroll the minor child as a beneficiary in the health
4 insurance plan designated by the court order. The employer
5 shall withhold any required premiums and pay over any amounts
6 so withheld and any additional amounts the employer pays to
7 the insurance carrier in a timely manner. The employer or
8 labor union or trade union shall mail to the obligee, within
9 15 days of enrollment or upon request, notice of the date of
10 coverage, information on the dependent coverage plan, and all
11 forms necessary to obtain reimbursement for covered health
12 expenses, such as would be made available to a new employee.
13 When an order for dependent coverage is in effect and the
14 insurance coverage is terminated or changed for any reason,
15 the employer or labor union or trade union shall notify the
16 obligee within 10 days of the termination or change date
17 along with notice of conversion privileges.
18 For withholding of income, the payor shall be entitled to
19 receive a fee not to exceed $5 per month to be taken from the
20 income to be paid to the obligor.
21 (2) Whenever the obligor is no longer receiving income
22 from the payor, the payor shall return a copy of the order
23 for withholding to the obligee or public office and shall
24 provide information for the purpose of enforcing this
25 Section.
26 (3) Withholding of income under this Section shall be
27 made without regard to any prior or subsequent garnishments,
28 attachments, wage assignments, or any other claims of
29 creditors. Withholding of income under this Section shall
30 not be in excess of the maximum amounts permitted under the
31 federal Consumer Credit Protection Act. If the payor has been
32 served with more than one order for withholding pertaining to
33 the same obligor, the payor shall allocate income available
34 for withholding on a proportionate share basis, giving
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1 priority to current support payments. If there is any income
2 available for withholding after withholding for all current
3 support obligations, the payor shall allocate the income to
4 past due support payments ordered in non-AFDC matters and
5 then to past due support payments ordered in AFDC matters,
6 both on a proportionate share basis. Payment as required by
7 the order for withholding shall be a complete defense by the
8 payor against any claims of the obligor or his creditors as
9 to the sum so paid.
10 (4) No payor shall discharge, discipline, refuse to hire
11 or otherwise penalize any obligor because of the duty to
12 withhold income.
13 (H) Petitions to Stay Service or to Modify, Suspend or
14 Terminate Orders for Withholding.
15 (1) When an obligor files a petition to stay service,
16 the court, after due notice to all parties, shall hear the
17 matter as soon as practicable and shall enter an order
18 granting or denying relief, amending the notice of
19 delinquency, amending the order for withholding, where
20 applicable, or otherwise resolving the matter. If the court
21 finds that a delinquency existed when the notice of
22 delinquency was served upon the obligor, in an amount of at
23 least one month's support obligation, or that the obligor was
24 at least 30 days late in paying all or part of the order for
25 support, the court shall order immediate service of the order
26 for withholding. Where the court cannot promptly resolve any
27 dispute over the amount of the delinquency, the court may
28 order immediate service of the order for withholding as to
29 any undisputed amounts specified in an amended notice of
30 delinquency, and may continue the hearing on the disputed
31 amounts.
32 (2) At any time, an obligor, obligee, public office or
33 Clerk of the Circuit Court may petition the court to:
34 (a) Modify, suspend or terminate the order for
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1 withholding because of a modification, suspension or
2 termination of the underlying order for support; or
3 (b) Modify the amount of income to be withheld to
4 reflect payment in full or in part of the delinquency or
5 arrearage by income withholding or otherwise; or
6 (c) Suspend the order for withholding because of
7 inability to deliver income withheld to the obligee due
8 to the obligee's failure to provide a mailing address or
9 other means of delivery.
10 (3) The obligor, obligee or public office shall serve on
11 the payor, by certified mail or personal delivery, a copy of
12 any order entered pursuant to this subsection that affects
13 the duties of the payor.
14 (4) At any time, a public office or Clerk of the Circuit
15 Court may serve a notice on the payor to:
16 (a) cease withholding of income for payment of
17 current support for a child when the support obligation
18 for that child has automatically ceased under the order
19 for support through emancipation or otherwise; or
20 (b) cease withholding of income for payment of
21 delinquency or arrearage when the delinquency or
22 arrearage has been paid in full.
23 (5) The notice provided for under paragraph (4) of this
24 subsection shall be served on the payor by ordinary mail, and
25 a copy shall be provided to the obligor and the obligee. A
26 copy of the notice shall be filed with the Clerk of the
27 Circuit Court.
28 (6) The order for withholding shall continue to be
29 binding upon the payor until service of any order of the
30 court or notice entered or provided for under this
31 subsection.
32 (I) Additional Duties.
33 (1) An obligee who is receiving income withholding
34 payments under this Section shall notify the payor, if the
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1 obligee receives the payments directly from the payor, or the
2 public office or the Clerk of the Circuit Court, as
3 appropriate, of any change of address within 7 days of such
4 change.
5 (2) An obligee who is a recipient of public aid shall
6 send a copy of any notice of delinquency filed pursuant to
7 subsection (C) to the Bureau of Child Support of the Illinois
8 Department of Revenue Public Aid.
9 (3) Each obligor shall notify the obligee and the Clerk
10 of the Circuit Court of any change of address within 7 days.
11 (4) An obligor whose income is being withheld or who has
12 been served with a notice of delinquency pursuant to this
13 Section shall notify the obligee and the Clerk of the Circuit
14 Court of any new payor, within 7 days.
15 (5) When the Illinois Department of Revenue Public Aid
16 is no longer authorized to receive payments for the obligee,
17 it shall, within 7 days, notify the payor or, where
18 appropriate, the Clerk of the Circuit Court, to redirect
19 income withholding payments to the obligee.
20 (6) The obligee or public office shall provide notice to
21 the payor and Clerk of the Circuit Court of any other support
22 payment made, including but not limited to, a set-off under
23 federal and State law or partial payment of the delinquency
24 or arrearage, or both.
25 (7) Any public office and Clerk of the Circuit Court
26 which collects, disburses or receives payments pursuant to
27 orders for withholding shall maintain complete, accurate, and
28 clear records of all payments and their disbursements.
29 Certified copies of payment records maintained by a public
30 office or Clerk of the Circuit Court shall, without further
31 proof, be admitted into evidence in any legal proceedings
32 under this Section.
33 (8) The Illinois Department of Revenue Public Aid