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90_HB2359eng
SEE INDEX
Amends the Child Support Information Act, the Attorney
General Act, the Illinois Administrative Procedure Act, the
Intergovernmental Cooperation Act, the New Hire Reporting
Act, the Civil Administrative Code of Illinois, the Illinois
Public Aid Code, the Vital Records Act, the Fish and Aquatic
Life Code, the Wildlife Code, the Illinois Vehicle Code, the
Attorney Act, the Illinois Marriage and Dissolution of
Marriage Act, the Non-Support of Spouse and Children Act, the
Uniform Interstate Family Support Act, the Expedited Child
Support Act of 1990, the Illinois Parentage Act of 1984, and
the Unemployment Insurance Act. Transfers child support
collection functions from the Department of Public Aid to the
Attorney General. Effective immediately.
LRB9007364SMdv
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1 AN ACT concerning 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 2. The Child Support Information Act is amended
5 by changing Section 10 as follows:
6 (5 ILCS 405/10)
7 Sec. 10. Statement of child support obligation. As of
8 the effective date of this Act, any employment application
9 forms used by any State agency shall include a statement to
10 be signed by the applicant concerning whether the applicant
11 has a child support obligation under a court or
12 administrative order for support and, if so, providing the
13 names of the obligee and the child or children covered by the
14 order, the name of the court or administrative agency which
15 issued the order, the order number, and whether the applicant
16 is in default of the obligation. The fact that an applicant
17 or an employee has a child support obligation with which he
18 or she is in default shall not be grounds for refusal to hire
19 the applicant or for discharge of the employee.
20 Upon hiring the applicant, the State agency shall provide
21 the statement of child support obligation to the Attorney
22 General Illinois Department of Public Aid for its use in
23 accordance with Section 7.245 10-22 of the Attorney General
24 Act Illinois Public Aid Code.
25 (Source: P.A. 87-1172.)
26 Section 5. The Attorney General Act is amended by adding
27 Sections 7.1 through 7.295 as follows:
28 (15 ILCS 205/7.1 new)
29 Sec. 7.1. Transfer of powers from Department of Public
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1 Aid.
2 (a) On the effective date of this amendatory Act of
3 1997, all the rights, powers, and duties vested by law in the
4 Illinois Department of Public Aid or the Department's Child
5 and Spouse Support Unit under Article X of the Illinois
6 Public Aid Code are transferred to the Attorney General.
7 Wherever, in any other Act, there is a reference to the
8 Illinois Department of Public Aid or the Department's Child
9 and Spouse Support Unit or to an officer, employee, or agent
10 of that Department or Unit concerning rights, powers, and
11 duties vested or performed under the authority of Article X
12 of the Illinois Public Aid Code, that reference, beginning on
13 the effective date of this amendatory Act of 1997, means the
14 Attorney General, the Child and Spouse Support Unit
15 established under Section 7.20 of this Act, or an officer,
16 employee, or agent of the Attorney General or the Child and
17 Spouse Support Unit established under Section 7.20.
18 (b) All books, records, property, pending business, and
19 funds pertaining to the rights, powers, and duties
20 transferred under this Section and in the custody of the
21 Illinois Department of Public Aid or the Department's Child
22 and Spouse Support Unit on the effective date of this
23 amendatory Act of 1997 shall be delivered and transferred to
24 the Attorney General on that date.
25 (c) Beginning on the effective date of this amendatory
26 Act of 1997, the rights, powers, and duties transferred by
27 this Section to the Attorney General shall be vested in and
28 shall be exercised by the Attorney General subject to the
29 provisions of this Section through Section 7.295. Each act
30 done in the exercise of those rights, powers, and duties
31 shall have the same legal effect as if done by the Illinois
32 Department of Public Aid or that Department's Child and
33 Spouse Support Unit.
34 (d) Beginning on the effective date of this amendatory
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1 Act of 1997, every person and other legal entity shall be
2 subject to the same obligations and duties, and civil and
3 criminal penalties arising from those obligations and duties,
4 and shall have the same rights arising from the exercise of
5 rights, powers, and duties by the Attorney General or an
6 officer, employee, or agent of the Attorney General, as if
7 those rights, powers, and duties have been exercised by the
8 Illinois Department of Public Aid, that Department's Child
9 and Spouse Support Unit, or an officer, employee, or agent of
10 that Department or Unit.
11 (e) Whenever reports or notices are now required to be
12 made or given or papers or documents furnished or served by
13 any person to or upon the Illinois Department of Public Aid
14 or that Department's Child and Spouse Support Unit under
15 Article X of the Illinois Public Aid Code, those reports or
16 notices shall, on and after the effective date of this
17 amendatory Act of 1997, be made, given, furnished, or served
18 in the same manner to or upon the Attorney General.
19 (f) The provisions of this Section through Section 7.295
20 do not affect any act done, ratified, or cancelled, or any
21 right occurring or established, or any action or proceeding
22 had or commenced in an administrative, civil, or criminal
23 cause before the effective date of this amendatory Act of
24 1997 by the Illinois Department of Public Aid or that
25 Department's Child and Spouse Support Unit under Article X of
26 the Illinois Public Aid Code, and those actions or
27 proceedings may be prosecuted and continued by the Attorney
28 General.
29 (g) No by-law, rule, or regulation adopted by the
30 Illinois Department of Public Aid as an exercise of a right,
31 power, or duty that has been transferred to the Attorney
32 General under this Section through Section 7.295 shall be
33 affected by those Sections. On the effective date of this
34 amendatory Act of 1997, those by-laws, rules, and regulations
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1 shall become the by-laws, rules, and regulations of the
2 Attorney General.
3 (h) If waivers of any federal law or regulation are
4 necessary to enable the Attorney General to implement any
5 provisions of this amendatory Act of 1997, the Attorney
6 General, promptly after the effective date of this amendatory
7 Act of 1997, shall apply for those waivers, and
8 implementation of those provisions is conditioned on the
9 Attorney General's receipt of those waivers.
10 (i) Personnel employed by the Illinois Department of
11 Public Aid to perform functions that are transferred by this
12 amendatory Act of 1997 to the Attorney General shall, upon
13 the effective date of this amendatory Act of 1997, become
14 employees of the Office of the Attorney General. All
15 transferred employees who are members of collective
16 bargaining units shall retain their seniority, continuous
17 service, salary, and accrued benefits. During the pendency
18 of the existing collective bargaining agreement, the rights
19 provided for under that agreement and memoranda and
20 supplements to that agreement, including, but not limited to,
21 the right of employees in the Child and Spouse Support Unit
22 to positions in other State agencies and the right of
23 employees in other State agencies covered by the agreement to
24 positions in the Child and Spouse Support Unit, shall not be
25 abridged.
26 The Office of the Attorney General shall continue to
27 honor all collective bargaining agreements in effect at the
28 time of the transfer and to recognize all collective
29 bargaining representatives for the employees who perform or
30 will perform functions transferred by this amendatory Act of
31 1997. For all purposes with respect to the management of the
32 existing agreement and the negotiation and management of any
33 successor agreements, the Attorney General shall be deemed to
34 be the employer of employees who perform or will perform
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1 functions transferred by this amendatory Act of 1997;
2 provided that the Illinois Department of Central Management
3 Services shall be a party to any grievance or arbitration
4 proceeding held pursuant to the provisions of the collective
5 bargaining agreement which involves the movement of employees
6 from the Office of the Attorney General to an agency under
7 the jurisdiction of the Governor covered by the agreement.
8 (j) 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 Attorney
14 General under this amendatory Act of 1997 shall be assigned
15 to the appropriate Department by the Director of Public Aid
16 and the Attorney General, in consultation with the Director
17 of Central Management Services.
18 (k) The rights of State employees, the State, and its
19 agencies under applicable retirement plans are not affected
20 by this amendatory Act of 1997.
21 (15 ILCS 205/7.5 new)
22 Sec. 7.5. Public policy; persons eligible for services;
23 fees. It is the intent of the Illinois Public Aid Code that
24 the financial aid and social welfare services provided under
25 that Code supplement rather than supplant the primary and
26 continuing obligation of the family unit for self-support to
27 the fullest extent permitted by the resources available to
28 it. This primary and continuing obligation applies whether
29 the family unit of parents and children or of husband and
30 wife remains intact and resides in a common household or
31 whether the unit has been broken by absence of one or more
32 members of the unit. The obligation of the family unit is
33 particularly applicable when a member is in necessitous
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1 circumstances and lacks the means of a livelihood compatible
2 with health and well-being.
3 It is the purpose of Sections 7.1 through 7.295 to
4 provide for locating an absent parent or spouse, for
5 determining his financial circumstances, and for enforcing
6 his legal obligation of support, if he is able to furnish
7 support, in whole or in part. The Attorney General shall
8 give priority to establishing, enforcing and collecting the
9 current support obligation, and then to past due support owed
10 to the family unit, except with respect to collections
11 effected through the intercept programs provided for in
12 Sections 7.1 through 7.295.
13 The child and spouse support services provided under
14 Sections 7.1 through 7.295 shall be furnished dependents of
15 an absent parent or spouse who are applicants for or
16 recipients of financial aid under the Illinois Public Aid
17 Code. It is not, however, a condition of eligibility for
18 financial aid under that Code that there be no responsible
19 relatives who are reasonably able to provide support. Nor,
20 except as provided in Section 4-1.7 of that Code and Section
21 7.50 of this Act, shall the existence of such relatives or
22 their payment of support contributions disqualify a needy
23 person for financial aid.
24 By accepting financial aid under the Illinois Public Aid
25 Code, a spouse or a parent or other person having custody of
26 a child shall be deemed to have made assignment to the State
27 of Illinois (for aid under Articles III, IV, V, and VII of
28 that Code) or to a local governmental unit (for aid under
29 Article VI of that Code) of all rights, title, and interest
30 in any support obligation up to the amount of financial aid
31 provided by that department or local governmental unit. The
32 rights to support assigned to the State of Illinois or local
33 governmental unit shall constitute an obligation owed the
34 State or local governmental unit by the person who is
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1 responsible for providing the support, and shall be
2 collectible under all applicable processes.
3 The Attorney General shall also furnish the child and
4 spouse support services established under Sections 7.1
5 through 7.295 in behalf of spouses and dependent children who
6 are not applicants for or recipients of financial aid under
7 the Illinois Public Aid Code in accordance with the
8 requirements of Title IV, Part D of the Social Security Act.
9 The Attorney General may establish a schedule of reasonable
10 fees, to be paid for the services provided and may deduct a
11 collection fee, not to exceed 10% of the amount collected,
12 from such collection. The Attorney General shall cause to be
13 published and distributed publications reasonably calculated
14 to inform the public that individuals who are not recipients
15 of or applicants for public aid under the Illinois Public Aid
16 Code are eligible for the child and spouse support services
17 under Sections 7.1 through 7.295. Such publications shall
18 set forth an explanation, in plain language, that the child
19 and spouse support services program is independent of any
20 public aid program under the Code and that the receiving of
21 child and spouse support service in no way implies that the
22 person receiving such service is receiving public aid.
23 (15 ILCS 205/7.10 new)
24 Sec. 7.10. Extent of liability. A husband is liable for
25 the support of his wife and a wife for the support of her
26 husband. The parents are severally liable for the support of
27 any child under the age of 18, except that a parent is not
28 liable for a child of any age if the child has married and is
29 not living with the parent or parents. The term "child"
30 includes a child born out of wedlock or legally adopted
31 child.
32 In addition to the primary obligation of support imposed
33 upon responsible relatives, such relatives, if individually
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1 or together in any combination they have sufficient income or
2 other resources to support a needy person, in whole or in
3 part, shall be liable for any financial aid extended under
4 the Illinois Public Aid Code to a person for whose support
5 they are responsible, including amounts expended for funeral
6 and burial costs.
7 (15 ILCS 205/7.15 new)
8 Sec. 7.15. Standard for determining ability to support.
9 The Attorney General shall establish a standard by which
10 shall be measured the ability of responsible relatives to
11 provide support, and shall implement the standard by rules
12 governing its application. The standard and the rules shall
13 take into account the buying and consumption patterns of
14 self-supporting persons of modest income, present or future
15 contingencies having direct bearing on maintenance of the
16 relative's self-support status and fulfillment of his
17 obligations to his immediate family, and any unusual or
18 exceptional circumstances including estrangement or other
19 personal or social factors, that have a bearing on family
20 relationships and the relative's ability to meet his support
21 obligations. The standard shall be recomputed periodically
22 to reflect changes in the cost of living and other pertinent
23 factors.
24 In addition to the standard, the Attorney General may
25 establish guidelines to be used exclusively to measure the
26 ability of responsible relatives to provide support on behalf
27 of applicants for or recipients of financial aid under
28 Article IV of the Illinois Public Aid Code and other persons
29 who are given access to the child and spouse support services
30 of Sections 7.1 through 7.295 of this Act as provided in
31 Section 7.5. In such case, the Attorney General shall base
32 the guidelines upon the applicable provisions of Sections
33 504, 505 and 505.2 of the Illinois Marriage and Dissolution
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1 of Marriage Act and shall implement such guidelines by rules
2 governing their application.
3 The term "administration enforcement unit", when used in
4 Sections 7.5 through 7.295, means local governmental units or
5 the Child and Spouse Support Unit established under Section
6 7.20 when exercising the powers designated in Sections 7.1
7 through 7.295. The administrative enforcement unit shall
8 apply the standard or guidelines, rules and procedures
9 provided for by this Section and Sections 7.30 through 7.50
10 in determining the ability of responsible relatives to
11 provide support for applicants for or recipients of financial
12 aid under the Illinois Public Aid Code, except that the
13 administrative enforcement unit may apply such standard or
14 guidelines, rules and procedures at its discretion with
15 respect to those applicants for or recipients of financial
16 aid under Article IV of that Code and other persons who are
17 given access to the child and spouse support services of
18 Sections 7.1 through 7.295 of this Act as provided by Section
19 7.5.
20 (15 ILCS 205/7.20 new)
21 Sec. 7.20. Child and Spouse Support Unit. The Attorney
22 General shall establish within his or her administrative
23 staff a Child and Spouse Support Unit to search for and
24 locate absent parents and spouses liable for the support of
25 persons resident in this State and to exercise the support
26 enforcement powers and responsibilities assigned the Attorney
27 General by Sections 7.1 through 7.295. The Unit shall
28 cooperate with all law enforcement officials in this State
29 and with the authorities of other states in locating persons
30 responsible for the support of persons resident in other
31 states and shall invite the cooperation of these authorities
32 in the performance of its duties.
33 In addition to other duties assigned the Child and Spouse
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1 Support Unit by Sections 7.1 through 7.295, the Unit may
2 refer to units of local government any actions under Sections
3 7.60 and 7.155 for judicial enforcement of the support
4 liability.
5 The Attorney General may enter into agreements with local
6 governmental units or individuals for the collection of
7 moneys owing because of the failure of a parent to make child
8 support payments for any child receiving services under
9 Sections 7.1 through 7.295. Such agreements may be on a
10 contingent fee basis, but such contingent fee shall not
11 exceed 25% of the total amount collected.
12 An attorney who provides representation pursuant to this
13 Section shall represent the Attorney General exclusively.
14 Regardless of the designation of the plaintiff in an action
15 brought pursuant to this Section, an attorney-client
16 relationship does not exist for purposes of that action
17 between that attorney and (i) an applicant for or recipient
18 of child and spouse support services or (ii) any other party
19 to the action other than the Attorney General. Nothing in
20 this Section shall be construed to modify any power or duty
21 (including a duty to maintain confidentiality) of the Child
22 and Spouse Support Unit or the Attorney General otherwise
23 provided by law.
24 The Attorney General may enter into agreements with local
25 governmental units for the Child and Spouse Support Unit to
26 exercise the investigative and enforcement powers designated
27 in Sections 7.1 through 7.295, including the issuance of
28 administrative orders under Section 7.80, in locating
29 responsible relatives and obtaining support for persons
30 applying for or receiving aid under Article VI of the
31 Illinois Public Aid Code. Payments for defrayment of
32 administrative costs and support payments obtained shall be
33 deposited into the Public Assistance Recoveries Trust Fund.
34 Support payments shall be paid over to the General Assistance
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1 Fund of the local governmental unit at such time or times as
2 the agreement may specify.
3 With respect to those cases in which it has support
4 enforcement powers and responsibilities under Sections 7.1
5 through 7.295, the Attorney General may provide by rule for
6 periodic or other review of each administrative and court
7 order for support to determine whether a modification of the
8 order should be sought. The Attorney General shall provide
9 for and conduct such review in accordance with any applicable
10 federal law and regulation.
11 As part of its process for review of orders for support,
12 the Attorney General, through written notice, may require the
13 responsible relative to disclose his or her Social Security
14 Number and past and present information concerning the
15 relative's address, employment, gross wages, deductions from
16 gross wages, net wages, bonuses, commissions, number of
17 dependent exemptions claimed, individual and dependent health
18 insurance coverage, and any other information necessary to
19 determine the relative's ability to provide support in a case
20 receiving child and spouse support services under Sections
21 7.1 through 7.295.
22 The Attorney General may send a written request for the
23 same information to the relative's employer. The employer
24 shall respond to the request for information within 15 days
25 after the date the employer receives the request. If the
26 employer willfully fails to fully respond within the 15-day
27 period, the employer shall pay a penalty of $100 for each day
28 that the response is not provided to the Attorney General
29 after the 15-day period has expired. The penalty may be
30 collected in a civil action which may be brought against the
31 employer in favor of the Attorney General.
32 A written request for information sent to an employer
33 pursuant to this Section shall consist of (i) a citation of
34 this Section as the statutory authority for the request and
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1 for the employer's obligation to provide the requested
2 information, (ii) a returnable form setting forth the
3 employer's name and address and listing the name of the
4 employee with respect to whom information is requested, and
5 (iii) a citation of this Section as the statutory authority
6 authorizing the employer to withhold a fee of up to $20 from
7 the wages or income to be paid to each responsible relative
8 for providing the information to the Attorney General within
9 the 15-day period. If the employer is withholding support
10 payments from the responsible relative's income pursuant to
11 an order for withholding, the employer may withhold the fee
12 provided for in this Section only after withholding support
13 as required under the order. Any amounts withheld from the
14 responsible relative's income for payment of support and the
15 fee provided for in this Section shall not be in excess of
16 the amounts permitted under the federal Consumer Credit
17 Protection Act.
18 In a case receiving child and spouse support services,
19 the Attorney General may request and obtain information from
20 a particular employer under this Section no more than once in
21 any 12-month period, unless the information is necessary to
22 conduct a review of a court or administrative order for
23 support at the request of the person receiving child and
24 spouse support services.
25 The Attorney General shall establish and maintain an
26 administrative unit to receive and transmit to the Child and
27 Spouse Support Unit information supplied by persons applying
28 for or receiving child and spouse support services under
29 Section 7.5.
30 In addition to its other powers and responsibilities
31 established by Sections 7.1 through 7.295, the Child and
32 Spouse Support Unit shall conduct an annual assessment of
33 each institution's program for institution based paternity
34 establishment under Section 12 of the Vital Records Act.
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1 (15 ILCS 205/7.25 new)
2 Sec. 7.25. Parent locator service. The Attorney General
3 through the Child and Spouse Support Unit shall enter into
4 agreements with the Secretary of Health and Human Services or
5 his designee under which the services of the federal Parent
6 Locator Service established by the Social Security Act are
7 made available to this State and the Attorney General for the
8 purpose of locating an absent parent or child when the child
9 has been abducted or otherwise improperly removed or retained
10 from the physical custody of a parent or other person
11 entitled to custody of the child, or in connection with the
12 making or enforcing of a child custody determination in
13 custody proceedings instituted under the Uniform Child
14 Custody Jurisdiction Act, or otherwise in accordance with
15 law. The Attorney General shall provide general information
16 to the public about the availability and use of the Parent
17 Locator Service in relation to child abduction and custody
18 determination proceedings, shall promptly respond to
19 inquiries made by those parties specified by federal
20 regulations upon receipt of information as to the location of
21 an absent parent or child from the federal Parent Locator
22 Service, and shall maintain accurate records as to the number
23 of such inquiries received and processed by the Attorney
24 General.
25 (15 ILCS 205/7.27 new)
26 Sec. 7.27. Locating support obligor and others;
27 penalties.
28 (a) The Child and Spouse Support Unit may request and
29 receive from employers, labor unions, telephone companies,
30 and utility companies location information concerning
31 putative fathers and noncustodial parents for the purpose of
32 establishing a child's paternity or establishing, enforcing,
33 or modifying a child support obligation. In this Section,
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1 "location information" means information about (i) the
2 physical whereabouts of a putative father or noncustodial
3 parent, (ii) the putative father or noncustodial parent's
4 employer, or (iii) the salary, wages, and other compensation
5 paid and the health insurance coverage provided to the
6 putative father or noncustodial parent by the employer of the
7 putative father or noncustodial parent or by a labor union of
8 which the putative father or noncustodial parent is a member.
9 The employer of a putative father or noncustodial parent
10 or the labor union of which the putative father or
11 noncustodial parent is a member shall respond to the request
12 of the Child and Spouse Support Unit within 15 days after the
13 employer or labor union receives the request. Any employer
14 or labor union that willfully fails to fully respond within
15 the 15-day period shall be subject to a penalty of $100 for
16 each day that the response is not provided to the Attorney
17 General after the 15-day period has expired. The penalty may
18 be collected in a civil action, which may be brought against
19 the employer or labor union in favor of the Attorney General.
20 (b) Pursuant to an administrative subpoena as authorized
21 under Sections 7.1 through 7.295, the Child and Spouse
22 Support Unit may request and receive from utility companies
23 and cable television companies location information
24 concerning individuals who owe or are owed support or against
25 whom or with respect to whom a support obligation is sought.
26 (15 ILCS 205/7.28 new)
27 Sec. 7.28. Obtaining location information.
28 (a) The Attorney General shall enter into agreements
29 with the Department of State Police and the Secretary of
30 State to obtain location information on persons for the
31 purpose of establishing paternity and establishing,
32 modifying, and enforcing child support obligations.
33 (b) Upon request, the Attorney General shall provide
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1 information obtained pursuant to this Section to federal
2 agencies and other states' agencies conducting child support
3 enforcement activities under Title IV, Part D of the Social
4 Security Act.
5 (15 ILCS 205/7.30 new)
6 Sec. 7.30. Notification of support obligation. The
7 administrative enforcement unit within the authorized area of
8 its operation shall notify each responsible relative of an
9 applicant or recipient, or responsible relatives of other
10 persons given access to the support services of Sections 7.1
11 through 7.295, of his legal obligation to support and shall
12 request such information concerning his financial status as
13 may be necessary to determine whether he is financially able
14 to provide such support, in whole or in part. In cases
15 involving a child born out of wedlock, the notification shall
16 include a statement that the responsible relative has been
17 named as the biological father of the child identified in the
18 notification.
19 In the case of applicants, the notification shall be sent
20 as soon as practical after the filing of the application. In
21 the case of recipients, the notice shall be sent at such time
22 as may be established by rule of the Attorney General.
23 The notice shall be accompanied by the forms or
24 questionnaires provided in Section 7.35. It shall inform the
25 relative that he may be liable for reimbursement of any
26 support furnished from public aid funds prior to
27 determination of the relative's financial circumstances, as
28 well as for future support. In the alternative, when support
29 is sought on behalf of applicants for or recipients of
30 financial aid under Article IV of the Illinois Public Aid
31 Code and other persons who are given access to the child and
32 spouse support services of Section 7.1 through 7.295 as
33 provided in Section 7.5, the notice shall inform the relative
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1 that the relative may be required to pay support for a period
2 before the date an administrative support order is entered,
3 as well as future support.
4 Neither the mailing nor receipt of such notice shall be
5 deemed a jurisdictional requirement for the subsequent
6 exercise of the investigative procedures undertaken by an
7 administrative enforcement unit or the entry of any order or
8 determination of paternity or support or reimbursement by the
9 administrative enforcement unit; except that notice shall be
10 served by certified mail addressed to the responsible
11 relative at his or her last known address, return receipt
12 requested, or by any method provided by law for service of
13 summons, in cases where a determination of paternity or
14 support by default is sought on behalf of applicants for or
15 recipients of financial aid under Article IV of the Illinois
16 Public Aid Code and other persons who are given access to the
17 child and spouse support services of Sections 7.1 through
18 7.295 as provided in Section 7.5.
19 (15 ILCS 205/7.35 new)
20 Sec. 7.35. Declarations by responsible relatives;
21 penalty.
22 Information requested of responsible relatives shall be
23 submitted on forms or questionnaires prescribed by the
24 Attorney General or local governmental units, as the case may
25 be, and shall contain a written declaration to be signed by
26 the relative in substantially the following form:
27 "I declare under penalties of perjury that I have
28 examined this form (or questionnaire) and all accompanying
29 statements or documents pertaining to my income, resources,
30 or any other matter having bearing upon my status and ability
31 to provide support, and to the best of my knowledge and
32 belief the information supplied is true, correct, and
33 complete."
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1 A person who makes and subscribes a form or questionnaire
2 which contains, as hereinabove provided, a written
3 declaration that it is made under the penalties of perjury,
4 knowing it to be false, incorrect or incomplete, in respect
5 to any material statement or representation bearing upon his
6 status as a responsible relative, or upon his income,
7 resources, or other matter concerning his ability to provide
8 support, shall be subject to the penalties for perjury
9 provided for in Section 32-2 of the Criminal Code of 1961.
10 (15 ILCS 205/7.40 new)
11 Sec. 7.40. Investigation and determination. The
12 administrative enforcement unit shall review the forms or
13 questionnaires returned by each responsible relative and
14 supplement the information provided therein, where required,
15 by such additional consultations with the responsible
16 relative and such other investigations as may be necessary,
17 including genetic testing if paternity is an issue, and,
18 applying the standard or guidelines and regulations
19 established by the Attorney General, shall determine whether
20 and the extent to which, the responsible relative
21 individually or together in any combination, are reasonably
22 able to provide support. If the child was born out of
23 wedlock and the case is subject to the voluntary
24 acknowledgment of paternity or the administrative
25 determination of paternity under rules established under
26 Section 7.210, the Child and Spouse Support Unit of the
27 Attorney General shall determine the child support obligation
28 under subsection (b) of Section 7.45 upon establishing the
29 child's paternity. If the child's paternity was established
30 by judicial or administrative process in any other state, the
31 Attorney General may use administrative processes contained
32 in Sections 7.1 through 7.295 to establish a child support
33 order.
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1 In aid of its investigative authority, the Child and
2 Spouse Support Unit may use the subpoena power as set forth
3 in Sections 7.1 through 7.295.
4 The Attorney General, by rule, may authorize the
5 administrative enforcement units to conduct periodic or other
6 reinvestigations and redeterminations of the financial
7 ability of responsible relatives. Any redeterminations shall
8 have the effect of altering, amending, or modifying previous
9 determinations and administrative orders entered pursuant to
10 Sections 7.45 and 7.80. However, any redetermination which
11 establishes liability for support or reimbursement, or which
12 modifies the support or reimbursement liability specified in
13 a prior order, shall be subject to the provisions of Section
14 7.90 and the administrative and judicial review procedures
15 herein provided for original orders.
16 (15 ILCS 205/7.45 new)
17 Sec. 7.45. Notice of support due.
18 (a) When an administrative enforcement unit has
19 determined that a responsible relative is financially able to
20 contribute to the support of an applicant or recipient, the
21 responsible relative shall be notified by mailing him a copy
22 of the determination by United States registered or certified
23 mail, advising him of his legal obligation to make support
24 payments for such period or periods of time, definite in
25 duration or indefinite, as the circumstances require. The
26 notice shall direct payment as provided in Section 7.50.
27 Where applicable, the determination and notice may include a
28 demand for reimbursement for emergency aid granted an
29 applicant or recipient during the period between the
30 application and determination of the relative's obligation
31 for support and for aid granted during any subsequent period
32 the responsible relative was financially able to provide
33 support but failed or refused to do so.
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1 (b) In the alternative, when support is sought on behalf
2 of applicants for or recipients of financial aid under
3 Article IV of the Illinois Public Aid Code and other persons
4 who are given access to the child and spouse support services
5 of Sections 7.1 through 7.295 as provided in Section 7.5, the
6 administrative enforcement unit shall not be required to send
7 the notice and may enter an administrative order immediately
8 under the provisions of Section 7.80. The order shall be
9 based upon the determination made under the provisions of
10 Section 7.40 or, in instances of default, upon the needs of
11 the persons for whom support is sought. In addition to
12 requiring payment of future support, the administrative order
13 may require payment of support for a period before the date
14 the order is entered. The amount of support to be paid for
15 the prior period shall be determined under the guidelines
16 established by the Attorney General pursuant to Section 7.15.
17 The order shall direct payment as provided in Section 7.60.
18 (15 ILCS 205/7.50 new)
19 Sec. 7.50. Support payments. The notice to responsible
20 relatives issued pursuant to Section 7.45 shall direct
21 payment (i) to the Attorney General in cases of applicants
22 and recipients under Articles III, IV, V and VII of the
23 Illinois Public Aid Code, (ii) except as provided in Section
24 7.20, to the local governmental unit in the case of
25 applicants and recipients under Article VI of the Illinois
26 Public Aid Code, and (iii) to the Attorney General in cases
27 of non-applicants and non-recipients given access to the
28 child and spouse support services of Sections 7.1 through
29 7.295, as provided by Section 7.5. However, if the support
30 payments by responsible relatives are sufficient to meet
31 needs of a recipient in full, including current and
32 anticipated medical needs, and the Attorney General or the
33 local governmental unit, as the case may be, has reasonable
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1 grounds to believe that such needs will continue to be
2 provided in full by the responsible relatives, the relatives
3 may be directed to make subsequent support payments to the
4 needy person or to some person or agency in his behalf and
5 the recipient shall be removed from the public aid rolls. In
6 such instance the recipient also shall be notified by
7 registered or certified mail of the action taken. If a
8 recipient removed from the public aid rolls requests the
9 Attorney General to continue to collect the support payments
10 in his behalf, the Attorney General, at his option, may do so
11 and pay amounts so collected to the person. The Attorney
12 General may provide for deducting any costs incurred by him
13 in making the collection from the amount of any recovery made
14 and pay only the net amount to the person.
15 Payments under this Section to the Illinois Department of
16 Public Aid or the Attorney General pursuant to the Child
17 Support Enforcement Program established by Title IV-D of the
18 Social Security Act shall be paid into the Child Support
19 Enforcement Trust Fund. All other payments under this Section
20 to the Illinois Department of Public Aid shall be deposited
21 in the Public Assistance Recoveries Trust Fund. Disbursements
22 from these funds shall be as provided in Sections 12-9 and
23 12-10.2 of the Illinois Public Aid Code. Payments received by
24 a local governmental unit shall be deposited in that unit's
25 General Assistance Fund.
26 (15 ILCS 205/7.52 new)
27 Sec. 7.52. Temporary order for child support.
28 Notwithstanding any other law to the contrary, pending the
29 outcome of an administrative determination of parentage, the
30 Attorney General shall issue a temporary order for child
31 support, upon motion by a party and a showing of clear and
32 convincing evidence of paternity based on genetic test
33 results or other evidence. In determining the amount of the
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1 temporary child support award, the Attorney General shall use
2 the guidelines and standards set forth in subsection (a) of
3 Section 505 and in Section 505.2 of the Illinois Marriage and
4 Dissolution of Marriage Act.
5 Any new or existing support order entered by the Attorney
6 General under this Section shall be deemed to be a series of
7 judgments against the person obligated to pay support
8 thereunder, each such judgment to be in the amount of each
9 payment or installment of support and each judgment to be
10 deemed entered as of the date the corresponding payment or
11 installment becomes due under the terms of the support order.
12 Each such judgment shall have the full force, effect, and
13 attributes of any other judgment of this State, including the
14 ability to be enforced. Any such judgment is subject to
15 modification or termination only in accordance with Section
16 510 of the Illinois Marriage and Dissolution of Marriage Act.
17 A lien arises by operation of law against the real and
18 personal property of the noncustodial parent for each
19 installment of overdue support owed by the noncustodial
20 parent.
21 All orders for support entered or modified in a case in
22 which a party is receiving child and spouse support services
23 under Sections 7.1 through 7.295 shall include a provision
24 requiring the non-custodial parent to notify the Attorney
25 General, within 7 days, (i) of the name, address, and
26 telephone number of any new employer of the non-custodial
27 parent, (ii) whether the non-custodial parent has access to
28 health insurance coverage through the employer or other group
29 coverage, and, if so, the policy name and number and the
30 names of persons covered under the policy, and (iii) of any
31 new residential or mailing address or telephone number of the
32 non-custodial parent.
33 In any subsequent action to enforce a support order, upon
34 sufficient showing that diligent effort has been made to
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1 ascertain the location of the non-custodial parent, service
2 of process or provision of notice necessary in that action
3 may be made at the last known address of the non-custodial
4 parent, in any manner expressly provided by the Code of Civil
5 Procedure or this Act, which service shall be sufficient for
6 purposes of due process.
7 An order for support shall include a date on which the
8 current support obligation terminates. The termination date
9 shall be no earlier than the date on which the child covered
10 by the order will attain the age of majority or is otherwise
11 emancipated. The order for support shall state that the
12 termination date does not apply to any arrearage that may
13 remain unpaid on that date. Nothing in this paragraph shall
14 be construed to prevent the Attorney General from modifying
15 the order.
16 (15 ILCS 205/7.55 new)
17 Sec. 7.55. Alternative actions to enforce support. If a
18 responsible relative fails or refuses to furnish support, or
19 contributes less than the amount indicated by the
20 determination, the administrative enforcement unit shall take
21 action to enforce support in accordance with Section 7.60 or
22 Section 7.80.
23 (15 ILCS 205/7.60 new)
24 Sec. 7.60. Court enforcement. Except where the Attorney
25 General, by agreement, acts for the local governmental unit,
26 as provided in Section 7.20, local governmental units shall
27 refer to the State's Attorney or to the proper legal
28 representative of the governmental unit, for judicial
29 enforcement as herein provided, instances of non-support or
30 insufficient support when the dependents are applicants or
31 recipients under Article VI of the Illinois Public Aid Code.
32 The Child and Spouse Support Unit established by Section 7.20
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1 may institute in behalf of the Illinois Department of Public
2 Aid any actions under this Section for judicial enforcement
3 of the support liability when the dependents are applicants
4 or recipients under Articles III, IV, V or VII of the
5 Illinois Public Aid Code. The Unit may institute in behalf of
6 the Attorney General any actions under this Section for
7 judicial enforcement of the support liability when the
8 dependents are applicants or recipients in a local
9 governmental unit when the Attorney General, by agreement,
10 acts for the unit. The Unit may institute in behalf of the
11 dependents any actions under this Section for judicial
12 enforcement of the support liability when the dependents are
13 non-applicants or non-recipients who are receiving support
14 enforcement services under Sections 7.1 through 7.295, as
15 provided in Section 7.5. Where the Child and Spouse Support
16 Unit has exercised its option and discretion not to apply the
17 provisions of Sections 7.15 through 7.50, the failure by the
18 Unit to apply such provisions shall not be a bar to bringing
19 an action under this Section.
20 Action shall be brought in the circuit court to obtain
21 support, or for the recovery of aid granted during the period
22 such support was not provided, or both for the obtainment of
23 support and the recovery of the aid provided. Actions for
24 the recovery of aid may be taken separately or they may be
25 consolidated with actions to obtain support. Such actions
26 may be brought in the name of the person or persons requiring
27 support, or may be brought in the name of the Illinois
28 Department of Public Aid or the local governmental unit, as
29 the case requires, in behalf of such persons.
30 The court may enter such orders for the payment of moneys
31 for the support of the person as may be just and equitable
32 and may direct payment thereof for such period or periods of
33 time as the circumstances require, including support for a
34 period before the date the order for support is entered. The
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1 order may be entered against any or all of the defendant
2 responsible relatives and may be based upon the proportionate
3 ability of each to contribute to the person's support.
4 The Court shall determine the amount of child support
5 (including child support for a period before the date the
6 order for support is entered) by using the guidelines and
7 standards set forth in subsection (a) of Section 505 and in
8 Section 505.2 of the Illinois Marriage and Dissolution of
9 Marriage Act. For purposes of determining the amount of
10 child support to be paid for a period before the date the
11 order for child support is entered, there is a rebuttable
12 presumption that the responsible relative's net income for
13 that period was the same as his or her net income at the time
14 the order is entered.
15 The Court shall determine the amount of maintenance using
16 the standards set forth in Section 504 of the Illinois
17 Marriage and Dissolution of Marriage Act.
18 Any new or existing support order entered by the court
19 under this Section shall be deemed to be a series of
20 judgments against the person obligated to pay support
21 thereunder, each such judgment to be in the amount of each
22 payment or installment of support and each such judgment to
23 be deemed entered as of the date the corresponding payment or
24 installment becomes due under the terms of the support order.
25 Each such judgment shall have the full force, effect and
26 attributes of any other judgment of this State, including the
27 ability to be enforced. Any such judgment is subject to
28 modification or termination only in accordance with Section
29 510 of the Illinois Marriage and Dissolution of Marriage Act.
30 A lien arises by operation of law against the real and
31 personal property of the noncustodial parent for each
32 installment of overdue support owed by the noncustodial
33 parent.
34 When an order is entered for the support of a minor, the
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1 court may provide therein for reasonable visitation of the
2 minor by the person or persons who provided support pursuant
3 to the order. Whoever willfully refuses to comply with such
4 visitation order or willfully interferes with its enforcement
5 may be declared in contempt of court and punished therefor.
6 Except where the local governmental unit has entered into
7 an agreement with the Attorney General for the Child and
8 Spouse Support Unit to act for it, as provided in Section
9 7.20, support orders entered by the court in cases involving
10 applicants or recipients under Article VI of the Illinois
11 Public Aid Code shall provide that payments thereunder be
12 made directly to the local governmental unit. Orders for the
13 support of all other applicants or recipients under that Code
14 shall provide that payments thereunder be made directly to
15 the Attorney General. In accordance with federal law and
16 regulations, the Attorney General may continue to collect
17 current maintenance payments or child support payments, or
18 both, after those persons cease to receive public assistance
19 and until termination of services under Sections 7.1 through
20 7.295. The Attorney General shall pay the net amount
21 collected to those persons after deducting any costs incurred
22 in making the collection or any collection fee from the
23 amount of any recovery made. In both cases the order shall
24 permit the local governmental unit or the Attorney General,
25 as the case may be, to direct the responsible relative or
26 relatives to make support payments directly to the needy
27 person, or to some person or agency in his behalf, upon
28 removal of the person from the public aid rolls or upon
29 termination of services under Sections 7.1 through 7.295.
30 If the notice of support due issued pursuant to Section
31 7.45 directs that support payments be made directly to the
32 needy person, or to some person or agency in his behalf, and
33 the recipient is removed from the public aid rolls, court
34 action may be taken against the responsible relative
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1 hereunder if he fails to furnish support in accordance with
2 the terms of such notice.
3 Actions may also be brought under this Section in behalf
4 of any person who is in need of support from responsible
5 relatives, as defined in Section 2-11 of the Illinois Public
6 Aid Code who is not an applicant for or recipient of
7 financial aid under that Code. In such instances, the
8 State's Attorney of the county in which such person resides
9 shall bring action against the responsible relatives
10 hereunder. If the Attorney General, as authorized by Section
11 7.5, extends the support services provided by this Article to
12 spouses and dependent children who are not applicants or
13 recipients under the Illinois Public Aid Code, the Child and
14 Spouse Support Unit established by Section 7.20 shall bring
15 action against the responsible relatives hereunder and any
16 support orders entered by the court in such cases shall
17 provide that payments thereunder be made directly to the
18 Attorney General.
19 Whenever it is determined in a proceeding to establish or
20 enforce a child support or maintenance obligation that the
21 person owing a duty of support is unemployed, the court may
22 order the person to seek employment and report periodically
23 to the court with a diary, listing or other memorandum of his
24 or her efforts in accordance with such order. Additionally,
25 the court may order the unemployed person to report to the
26 Department of Employment Security for job search services or
27 to make application with the local Jobs Training Partnership
28 Act provider for participation in job search, training or
29 work programs and where the duty of support is owed to a
30 child receiving support services under Sections 7.1 through
31 7.295, the court may order the unemployed person to report to
32 the Department of Human Services for participation in job
33 search, training or work programs established under Section
34 9-6 and Article IXA of the Illinois Public Aid Code.
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1 Whenever it is determined that a person owes past-due
2 support for a child receiving assistance under the Illinois
3 Public Aid Code, the court shall order at the request of the
4 Attorney General:
5 (1) that the person pay the past-due support in
6 accordance with a plan approved by the court; or
7 (2) if the person owing past-due support is
8 unemployed, is subject to such a plan, and is not
9 incapacitated, that the person participate in such job
10 search, training, or work programs established under
11 Section 9-6 and Article IXA of the Illinois Public Aid
12 Code as the court deems appropriate.
13 A determination under this Section shall not be
14 administratively reviewable by the procedures specified in
15 Sections 7.90 and 7.95 through 7.145. Any determination under
16 those Sections, if made the basis of court action under this
17 Section, shall not affect the de novo judicial determination
18 required under this Section.
19 All orders for support, when entered or modified, shall
20 include a provision requiring the non-custodial parent to
21 notify the court and, in cases in which a party is receiving
22 child and spouse support services under Sections 7.1 through
23 7.295, the Attorney General, within 7 days, (i) of the name,
24 address, and telephone number of any new employer of the
25 non-custodial parent, (ii) whether the non-custodial parent
26 has access to health insurance coverage through the employer
27 or other group coverage and, if so, the policy name and
28 number and the names of persons covered under the policy, and
29 (iii) of any new residential or mailing address or telephone
30 number of the non-custodial parent. In any subsequent action
31 to enforce a support order, upon a sufficient showing that a
32 diligent effort has been made to ascertain the location of
33 the non-custodial parent, service of process or provision of
34 notice necessary in the case may be made at the last known
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1 address of the non-custodial parent in any manner expressly
2 provided by the Code of Civil Procedure or Sections 7.1
3 through 7.295, which service shall be sufficient for purposes
4 of due process.
5 In cases in which a party is receiving child and spouse
6 support services under Sections 7.1 through 7.295 and the
7 order for support provides that child support payments be
8 made to the obligee, the Attorney General may provide notice
9 to the obligor and the obligor's payor, when income
10 withholding is in effect under Section 7.165, to make all
11 payments after receipt of the Attorney General's notice to
12 the clerk of the court until further notice by the Attorney
13 General or order of the court. Copies of the notice shall be
14 provided to the obligee and the clerk. The clerk's copy
15 shall contain a proof of service on the obligor and the
16 obligor's payor, where applicable. The clerk shall file the
17 clerk's copy of the notice in the court file. The notice to
18 the obligor and the payor, if applicable, may be sent by
19 ordinary mail, certified mail, return receipt requested,
20 facsimile transmission, or other electronic process, or may
21 be served upon the obligor or payor using any method provided
22 by law for service of a summons. An obligor who fails to
23 comply with a notice provided under this paragraph is guilty
24 of a Class B misdemeanor. A payor who fails to comply with a
25 notice provided under this paragraph is guilty of a business
26 offense and subject to a fine of up to $1,000.
27 An order for support shall include a date on which the
28 current support obligation terminates. The termination date
29 shall be no earlier than the date on which the child covered
30 by the order will attain the age of majority or is otherwise
31 emancipated. The order for support shall state that the
32 termination date does not apply to any arrearage that may
33 remain unpaid on that date. Nothing in this paragraph shall
34 be construed to prevent the court from modifying the order.
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1 Upon notification in writing or by electronic
2 transmission from the Attorney General to the clerk of the
3 court that a person who is receiving support payments under
4 this Section is receiving services under the Child Support
5 Enforcement Program established by Title IV-D of the Social
6 Security Act, any support payments subsequently received by
7 the clerk of the court shall be transmitted in accordance
8 with the instructions of the Attorney General until the
9 Attorney General gives notice to the clerk of the court to
10 cease the transmittal. After providing the notification
11 authorized under this paragraph, the Attorney General shall
12 be entitled as a party to notice of any further proceedings
13 in the case. The clerk of the court shall file a copy of the
14 Attorney General's notification in the court file. The
15 clerk's failure to file a copy of the notification in the
16 court file shall not, however, affect the Attorney General's
17 right to receive notice of further proceedings.
18 Payments under this Section to the Illinois Department of
19 Public Aid or the Attorney General pursuant to the Child
20 Support Enforcement Program established by Title IV-D of the
21 Social Security Act shall be paid into the Child Support
22 Enforcement Trust Fund. All other payments under this Section
23 to the Illinois Department of Public Aid shall be deposited
24 in the Public Assistance Recoveries Trust Fund. Disbursements
25 from these funds shall be as provided in Sections 12-9 and
26 12-10.2 of the Illinois Public Aid Code. Payments received
27 by a local governmental unit shall be deposited in that
28 unit's General Assistance Fund.
29 (15 ILCS 205/7.65 new)
30 Sec. 7.65. Collection fee. In all cases instituted by
31 the Attorney General on behalf of a child or spouse, other
32 than one receiving a grant of financial aid under Article IV
33 of the Illinois Public Aid Code, on whose behalf an
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1 application has been made and approved for support services
2 as provided by Section 7.5, the court shall impose a
3 collection fee on the individual who owes a child or spouse
4 support obligation in an amount equal to 10% of the amount so
5 owed as long as such collection is required by federal law,
6 which fee shall be in addition to the support obligation.
7 The imposition of such fee shall be in accordance with
8 provisions of Title IV, Part D, of the Social Security Act
9 and regulations duly promulgated thereunder. The fee shall
10 be payable to the clerk of the circuit court for transmittal
11 to the Attorney General and shall continue until support
12 services are terminated by the Attorney General.
13 (15 ILCS 205/7.70 new)
14 Sec. 7.70. Notice to circuit clerk of payment received.
15 For those cases in which support is payable to the clerk of
16 the circuit court for transmittal to the Attorney General or
17 the Illinois Department of Public Aid by order of court, and
18 the Attorney General collects support by assignment, offset,
19 withholding, deduction or other process permitted by law, the
20 Attorney General shall notify the clerk of the date and
21 amount of such collection. Upon notification, the clerk shall
22 record the collection on the payment record for the case.
23 (15 ILCS 205/7.75 new)
24 Sec. 7.75. Transmittal of payments by circuit clerk.
25 For those cases in which child support is payable to the
26 clerk of the circuit court for transmittal to the Attorney
27 General or the Illinois Department of Public Aid by order of
28 court, the clerk shall transmit all such payments, within 4
29 working days of receipt, to ensure that funds are available
30 for immediate distribution by the Attorney General or the
31 Department to the person or entity entitled thereto in
32 accordance with standards of the Child Support Enforcement
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1 Program established under Title IV-D of the Social Security
2 Act. The clerk shall notify the Attorney General or the
3 Department of the date of receipt and amount thereof at the
4 time of transmittal. Where the clerk has entered into an
5 agreement of cooperation with the Illinois Department of
6 Public Aid or the Attorney General to record the terms of
7 child support orders and payments made thereunder directly
8 into the IV-D Agency's automated data processing system, the
9 clerk shall account for, transmit and otherwise distribute
10 child support payments in accordance with such agreement in
11 lieu of the requirements contained herein.
12 (15 ILCS 205/7.80 new)
13 Sec. 7.80. Administrative orders. In lieu of actions for
14 court enforcement of support under Section 7.60, the Child
15 and Spouse Support Unit of the Attorney General, in
16 accordance with the rules of the Attorney General, may issue
17 an administrative order requiring the responsible relative to
18 comply with the terms of the determination and notice of
19 support due, determined and issued under Sections 7.40 and
20 7.45. The Unit may also enter an administrative order under
21 subsection (b) of Section 7.45. The administrative order
22 shall be served upon the responsible relative by United
23 States registered or certified mail.
24 If a responsible relative fails to petition the Attorney
25 General for release from or modification of the
26 administrative order, as provided in Section 7.90, the order
27 shall become final and there shall be no further
28 administrative or judicial remedy. Likewise a decision by
29 the Attorney General as a result of an administrative
30 hearing, as provided in Sections 7.95 through 7.145, shall
31 become final and enforceable if not judicially reviewed under
32 the Administrative Review Law, as provided in Section 7.150.
33 Any new or existing support order entered by the Attorney
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1 General under this Section shall be deemed to be a series of
2 judgments against the person obligated to pay support
3 thereunder, each such judgment to be in the amount of each
4 payment or installment of support and each such judgment to
5 be deemed entered as of the date the corresponding payment or
6 installment becomes due under the terms of the support order.
7 Each such judgment shall have the full force, effect and
8 attributes of any other judgment of this State, including the
9 ability to be enforced. Any such judgment is subject to
10 modification or termination only in accordance with Section
11 510 of the Illinois Marriage and Dissolution of Marriage Act.
12 A lien arises by operation of law against the real and
13 personal property of the noncustodial parent for each
14 installment of overdue support owed by the noncustodial
15 parent.
16 (15 ILCS 205/7.85 new)
17 Sec. 7.85. Unemployed responsible relatives.
18 (a) Whenever it is determined in a proceeding under
19 Section 7.40, 7.45, 7.80, or 7.180 that the responsible
20 relative is unemployed, and support is sought on behalf of
21 applicants for or recipients of financial aid under Article
22 IV of the Illinois Public Aid Code or other persons who are
23 given access to the child and spouse support services of that
24 Article as provided in Section 7.5 of this Act, the
25 administrative enforcement unit may order the responsible
26 relative to report to the Department of Human Services for
27 participation in job search, training or work programs
28 established under Section 9-6 and Article IXA of the Illinois
29 Public Aid Code or to the Illinois Department of Employment
30 Security for job search services or to make application with
31 the local Jobs Training Partnership Act provider for
32 participation in job search, training or work programs.
33 (b) Whenever it is determined that a responsible
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1 relative owes past-due support for a child under an
2 administrative support order entered under subsection (b) of
3 Section 7.45 or under Section 7.80 or 7.180 and the child is
4 receiving assistance under the Illinois Public Aid Code, the
5 administrative enforcement unit shall order the following:
6 (1) that the responsible relative pay the past-due
7 support in accordance with a plan approved by the
8 administrative enforcement unit; or
9 (2) if the responsible relative owing past-due
10 support is unemployed, is subject to such a plan, and is
11 not incapacitated, that the responsible relative
12 participate in job search, training, or work programs
13 established under Section 9-6 and Article IXA of the
14 Illinois Public Aid Code.
15 (15 ILCS 205/7.90 new)
16 Sec. 7.90. Petition for release from or modification of
17 administrative support order. Any responsible relative
18 aggrieved by an administrative order entered under Section
19 7.80 or 7.85 who has been duly notified of such order, may
20 within 30 days from the date of mailing of such order,
21 petition the Attorney General for a release from or
22 modification of the order. The day immediately subsequent to
23 the mailing of the order shall be considered as the first
24 day, and the day such petition is received by the Attorney
25 General shall be considered as the last day in computing the
26 30 day appeal period.
27 The Attorney General shall, upon receipt of a petition
28 within the 30 day appeal period, provide for a hearing to be
29 held thereon.
30 (15 ILCS 205/7.95 new)
31 Sec. 7.95. Hearing on petition. The Attorney General, or
32 any officer or employee thereof designated in writing by the
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1 Attorney General, shall conduct hearings and investigations
2 in connection with petitions filed pursuant to Section 7.90.
3 Responsible relatives shall be entitled to appear in person,
4 to be represented by counsel at the hearing and to present
5 all relevant matter in support of their petitions. The
6 provisions of Sections 7.100 through 7.145 shall govern the
7 hearing.
8 The hearing shall be de novo and the Attorney General's
9 determination of liability or non-liability shall be
10 independent of the determination of the administrative
11 enforcement unit.
12 (15 ILCS 205/7.100 new)
13 Sec. 7.100. Examination of records. The Attorney
14 General, or any properly designated officer or employee
15 thereof, may examine any books, papers, records or memoranda
16 bearing upon the determination of ability to support and the
17 order for support and upon any matter pertinent to the
18 relative's petition and may compel the attendance and
19 testimony of any person or persons, including the petitioning
20 responsible relative, having knowledge of matters germane to
21 the determination order, or the petition.
22 (15 ILCS 205/7.105 new)
23 Sec. 7.105. Hearings not subject to technical rules of
24 evidence or procedure. In the conduct of any hearing or
25 investigation, neither the Attorney General nor a person duly
26 authorized to conduct such hearing or investigation, shall be
27 bound by the technical rules of evidence, common law or
28 statutory, or by technical or formal rules of procedure, but
29 shall conduct the hearing or make the investigation in such
30 manner as seems best calculated to conform to substantial
31 justice and the spirit of the Illinois Public Aid Code and
32 Sections 7.1 through 7.295 of this Act. No informality in any
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1 proceedings, or in the manner of taking testimony, shall
2 invalidate any order or decision made by the Attorney General
3 pursuant to such hearing or investigation.
4 (15 ILCS 205/7.110 new)
5 Sec. 7.110. Authority to administer oaths. The Attorney
6 General, or any person duly authorized to conduct such
7 hearing or investigation, shall have power to administer
8 oaths. Every person who, having taken an oath or made
9 affirmation before the Attorney General, or any duly
10 authorized officer or employee thereof, shall wilfully swear
11 or affirm falsely, shall be guilty of perjury, and upon
12 conviction shall be punished accordingly.
13 (15 ILCS 205/7.115 new)
14 Sec. 7.115. Proof of records. The books, papers, records
15 and memoranda of the Illinois Department of Public Aid, the
16 Illinois Department of Human Services, and the Attorney
17 General or of the administrative enforcement unit, or parts
18 thereof, may be proved in any hearing, investigation, or
19 legal proceeding by a photostatic or other copy thereof under
20 the certificate of their respective Directors, and the
21 Attorney General or their designees. Such certified copy
22 shall, without further proof, be admitted into evidence in
23 the hearing before the Attorney General or in any other legal
24 proceeding.
25 (15 ILCS 205/7.120 new)
26 Sec. 7.120. Proof of necessitous circumstances. Proof in
27 any hearing before the Attorney General that a person is an
28 applicant for or recipient of assistance under the Illinois
29 Public Aid Code shall be prima facie proof that he is a
30 "person who is in necessitous circumstances by reason of
31 infirmity, unemployment, or other cause depriving him of the
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1 means of a livelihood compatible with health and well-being",
2 within the meaning of the Illinois Public Aid Code.
3 (15 ILCS 205/7.125 new)
4 Sec. 7.125. Subpoenas. The Attorney General, or any
5 officer or employee thereof designated in writing by the
6 Attorney General, shall at his own instance, or on the
7 written request of any other party to the proceeding, issue
8 subpoenas requiring the attendance of and the giving of
9 testimony by witnesses, and subpoenas duces tecum requiring
10 the production of books, papers, records or memoranda. The
11 subpoenas and subpoenas duces tecum may be served by any
12 person of full age. Any subpoena may be served in the same
13 manner as a subpoena issued out of a circuit court, and may
14 also be served by United States registered or certified mail,
15 addressed to the person concerned at his last known address,
16 and proof of such mailing shall be sufficient for the
17 purposes of Sections 7.1 through 7.295.
18 (15 ILCS 205/7.130 new)
19 Sec. 7.130. Witness fees. The fees of witnesses for
20 attendance and travel shall be the same as the fees of
21 witnesses before the circuit court of this State; such fees
22 to be paid when the witness is excused from further
23 attendance. When the witness is subpoenaed at the instance of
24 the Attorney General or any employee thereof, the fees shall
25 be paid in the same manner as other expenses of the Attorney
26 General. If the witness is subpoenaed at the instance of any
27 other party to the proceeding, the Attorney General may
28 require that the cost of service of the subpoena or subpoena
29 duces tecum and the fee of the witness be borne by the party
30 at whose instance the witness is summoned. In such case, the
31 Attorney General may require a deposit to cover the cost of
32 such service and witness fees.
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1 (15 ILCS 205/7.135 new)
2 Sec. 7.135. Compelling attendance of witness and
3 production of records. The circuit court, of the county
4 wherein the investigation or administrative hearing is held,
5 upon the application of the Attorney General or any duly
6 authorized officer or employee thereof, or upon the
7 application of any other party to the proceeding, may, in its
8 discretion, compel the attendance of witnesses, the
9 production of books, papers, records or memorandum and the
10 giving of testimony before the Attorney General or any duly
11 authorized officer or employee thereof conducting an
12 investigation or holding a hearing authorized by Sections 7.1
13 through 7.295, by an attachment for contempt, or otherwise,
14 in the same manner as production of evidence may be compelled
15 before the court.
16 (15 ILCS 205/7.140 new)
17 Sec. 7.140. Penalty for non-compliance with subpoena.
18 Any person who is served with a subpoena or subpoena duces
19 tecum, issued by the Attorney General or any duly authorized
20 officer or employee thereof, to appear and testify or to
21 produce books and papers, in the course of an investigation
22 or hearing authorized by law, and who refuses or neglects to
23 appear, or to testify, or to produce books and papers
24 relevant to such investigation or hearing, as commanded in
25 such subpoena, shall be guilty of a Class B misdemeanor.
26 (15 ILCS 205/7.145 new)
27 Sec. 7.145. Depositions. The Attorney General or any
28 duly authorized officer or employee thereof, or any other
29 party in an investigation or hearing before the Attorney
30 General, may cause the depositions of witnesses within or
31 without the State to be taken in the manner prescribed by law
32 for like depositions in civil actions in courts of this
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1 State, and to that end compel the attendance of witnesses and
2 the production of books, papers, records or memoranda.
3 (15 ILCS 205/7.150 new)
4 Sec. 7.150. Review of Attorney General decision on
5 petition for hearing. Any responsible relative affected by a
6 final administrative decision of the Attorney General in a
7 hearing, conducted pursuant to Sections 7.95 through 7.145 in
8 which such relative was a party, may have the decision
9 reviewed only under and in accordance with the Administrative
10 Review Law. The provisions of the Administrative Review Law,
11 and the rules adopted pursuant thereto, shall apply to and
12 govern all proceedings for the judicial review of such final
13 administrative decisions of the Attorney General. The term
14 "administrative decision" is defined as in Section 3-101 of
15 the Code of Civil Procedure.
16 Appeals from all final orders and judgments entered by a
17 court upon review of the Attorney General's order in any case
18 may be taken by either party to the proceeding and shall be
19 governed by the rules applicable to appeals in civil cases.
20 The remedy herein provided for appeal shall be exclusive,
21 and no court shall have jurisdiction to review the subject
22 matter of any order made by the Attorney General except as
23 herein provided.
24 (15 ILCS 205/7.155 new)
25 Sec. 7.155. Enforcement of administrative order. If a
26 responsible relative refuses, neglects, or fails to comply
27 with a final administrative support or reimbursement order of
28 the Attorney General entered by the Child and Spouse Support
29 Unit pursuant to Section 7.80 or 7.85 or registered pursuant
30 to Section 7.180, the Child and Spouse Support Unit may file
31 suit against the responsible relative or relatives to secure
32 compliance with the administrative order.
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1 Suits shall be instituted in the name of the People of
2 the State of Illinois on the relation of the Attorney General
3 of the State of Illinois and the spouse or dependent children
4 for whom the support order has been issued.
5 The court shall order the payment of the support
6 obligation, or orders for reimbursement of moneys for support
7 provided, directly to the Attorney General but the order
8 shall permit the Attorney General to direct the responsible
9 relative or relatives to make payments of support directly to
10 the spouse or dependent children, or to some person or agency
11 in his or their behalf, as provided in Section 7.50 or 7.60,
12 as applicable.
13 Whenever it is determined in a proceeding to enforce an
14 administrative order that the responsible relative is
15 unemployed, and support is sought on behalf of applicants for
16 or recipients of financial aid under Article IV of the
17 Illinois Public Aid Code or other persons who are given
18 access to the child and spouse support services of Sections
19 7.1 through 7.295 as provided in Section 7.5, the court may
20 order the responsible relative to seek employment and report
21 periodically to the court with a diary, listing or other
22 memorandum of his or her efforts in accordance with such
23 order. In addition, the court may order the unemployed
24 responsible relative to report to the Department of Human
25 Services for participation in job search, training or work
26 programs established under Section 9-6 and Article IXA of the
27 Illinois Public Aid Code or to the Illinois Department of
28 Employment Security for job search services or to make
29 application with the local Jobs Training Partnership Act
30 provider for participation in job search, training or work
31 programs.
32 (15 ILCS 205/7.160 new)
33 Sec. 7.160. Judicial enforcement of court and
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1 administrative support orders. Court orders entered in
2 proceedings under Section 7.60 and court orders for
3 enforcement of an administrative order under Section 7.155
4 and for the payment of money may be enforced by attachment as
5 for contempt against the persons of the defendants, and in
6 addition, as other judgments for the payment of money, and
7 costs may be adjudged against the defendants and apportioned
8 among them; but if the complaint is dismissed, costs shall be
9 borne by the Attorney General or the local governmental unit,
10 as the case may be. If a responsible relative is directed by
11 the Attorney General, or the local governmental unit, under
12 the conditions stated in Section 7.50, to make support
13 payments directly to the person, or to some person or agency
14 in his behalf, the court order entered against him under this
15 Section or Section 7.60 may be enforced as herein provided if
16 he thereafter fails to furnish support in accordance with its
17 terms. The State of Illinois shall not be required to make a
18 deposit for or pay any costs or fees of any court or officer
19 thereof in any proceeding instituted under this Section.
20 The provisions of the Civil Practice Law, and all
21 amendments and modifications thereof, shall apply to and
22 govern all actions instituted under this Section and Section
23 7.60. In such actions proof that a person is an applicant for
24 or recipient of public aid under any Article of the Illinois
25 Public Aid Code shall be prima facie proof that he is a
26 person in necessitous circumstances by reason of infirmity,
27 unemployment or other cause depriving him of the means of a
28 livelihood compatible with health and well-being.
29 Payments under this Section to the Illinois Department of
30 Public Aid or the Attorney General pursuant to the Child
31 Support Enforcement Program established by Title IV-D of the
32 Social Security Act shall be paid into the Child Support
33 Enforcement Trust Fund. All other payments under this Section
34 to the Illinois Department of Public Aid shall be deposited
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1 in the Public Assistance Recoveries Trust Fund. Disbursements
2 from these funds shall be as provided in Sections 12-9 and
3 12-10.2 of the Illinois Public Aid Code. Payments received by
4 a local governmental unit shall be deposited in that unit's
5 General Assistance Fund.
6 (15 ILCS 205/7.165 new)
7 Sec. 7.165. Withholding of income to secure payment of
8 support.
9 (A) Definitions.
10 (1) "Order for support" means any order of the court
11 which provides for periodic payment of funds for the support
12 of a child or maintenance of a spouse, whether temporary or
13 final, and includes any such order which provides for:
14 (a) Modification or resumption of, or payment of
15 arrearage accrued under, a previously existing order;
16 (b) Reimbursement of support; or
17 (c) Enrollment in a health insurance plan that is
18 available to the obligor through an employer or labor
19 union or trade union.
20 (2) "Arrearage" means the total amount of unpaid support
21 obligations as determined by the court and incorporated into
22 an order for support.
23 (2.5) "Business day" means a day on which State offices
24 are open for regular business.
25 (3) "Delinquency" means any payment under an order for
26 support which becomes due and remains unpaid after entry of
27 the order for support.
28 (4) "Income" means any form of periodic payment to an
29 individual, regardless of source, including, but not limited
30 to: wages, salary, commission, compensation as an independent
31 contractor, workers' compensation, disability, annuity,
32 pension, and retirement benefits, lottery prize awards,
33 insurance proceeds, vacation pay, bonuses, profit-sharing
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1 payments, interest, and any other payments, made by any
2 person, private entity, federal or state government, any unit
3 of local government, school district or any entity created by
4 Public Act; however, "income" excludes:
5 (a) Any amounts required by law to be withheld,
6 other than creditor claims, including, but not limited
7 to, federal, State and local taxes, Social Security and
8 other retirement and disability contributions;
9 (b) Union dues;
10 (c) Any amounts exempted by the federal Consumer
11 Credit Protection Act;
12 (d) Public assistance payments; and
13 (e) Unemployment insurance benefits except as
14 provided by law.
15 Any other State or local laws which limit or exempt
16 income or the amount or percentage of income that can be
17 withheld shall not apply.
18 (5) "Obligor" means the individual who owes a duty to
19 make payments under an order for support.
20 (6) "Obligee" means the individual to whom a duty of
21 support is owed or the individual's legal representative.
22 (7) "Payor" means any payor of income to an obligor.
23 (8) "Public office" means any elected official or any
24 State or local agency which is or may become responsible by
25 law for enforcement of, or which is or may become authorized
26 to enforce, an order for support, including, but not limited
27 to: the Attorney General, the Illinois Department of Public
28 Aid, the Illinois Department of Human Services, the Illinois
29 Department of Children and Family Services, and the various
30 State's Attorneys, Clerks of the Circuit Court and
31 supervisors of general assistance.
32 (9) "Premium" means the dollar amount for which the
33 obligor is liable to his employer or labor union or trade
34 union and which must be paid to enroll or maintain a child in
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1 a health insurance plan that is available to the obligor
2 through an employer or labor union or trade union.
3 (B) Entry of Order for Support Containing Income Withholding
4 Provisions; Income Withholding Notice.
5 (1) In addition to any content required under other
6 laws, every order for support entered on or after July 1,
7 1997, shall:
8 (a) Require an income withholding notice to be
9 prepared and served immediately upon any payor of the
10 obligor by the obligee or public office, unless a written
11 agreement is reached between and signed by both parties
12 providing for an alternative arrangement, approved and
13 entered into the record by the court, which ensures
14 payment of support. In that case, the order for support
15 shall provide that an income withholding notice is to be
16 prepared and served only if the obligor becomes
17 delinquent in paying the order for support; and
18 (b) Contain a dollar amount to be paid until
19 payment in full of any delinquency that accrues after
20 entry of the order for support. The amount for payment
21 of delinquency shall not be less than 20% of the total of
22 the current support amount and the amount to be paid
23 periodically for payment of any arrearage stated in the
24 order for support; and
25 (c) Include the obligor's Social Security Number,
26 which the obligor shall disclose to the court. If the
27 obligor is not a United States citizen, the obligor shall
28 disclose to the court, and the court shall include in the
29 order for support, the obligor's alien registration
30 number, passport number, and home country's social
31 security or national health number, if applicable.
32 (2) At the time the order for support is entered, the
33 Clerk of the Circuit Court shall provide a copy of the order
34 to the obligor and shall make copies available to the obligee
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1 and public office.
2 (3) The income withholding notice shall:
3 (a) Be in the standard format prescribed by the
4 federal Department of Health and Human Services; and
5 (b) Direct any payor to withhold the dollar amount
6 required for current support under the order for support;
7 and
8 (c) Direct any payor to withhold the dollar amount
9 required to be paid periodically under the order for
10 support for payment of the amount of any arrearage stated
11 in the order for support; and
12 (d) Direct any payor or labor union or trade union
13 to enroll a child as a beneficiary of a health insurance
14 plan and withhold or cause to be withheld, if applicable,
15 any required premiums; and
16 (e) State the amount of the payor income
17 withholding fee specified under this Section; and
18 (f) State that the amount actually withheld from
19 the obligor's income for support and other purposes,
20 including the payor withholding fee specified under this
21 Section, may not be in excess of the maximum amount
22 permitted under the federal Consumer Credit Protection
23 Act; and
24 (g) State the duties of the payor and the fines and
25 penalties for failure to withhold and pay over income and
26 for discharging, disciplining, refusing to hire, or
27 otherwise penalizing the obligor because of the duty to
28 withhold and pay over income under this Section; and
29 (h) State the rights, remedies, and duties of the
30 obligor under this Section; and
31 (i) Include the obligor's Social Security Number;
32 and
33 (j) Include the date that withholding for current
34 support terminates, which shall be the date of
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1 termination of the current support obligation set forth
2 in the order for support.
3 (4) The accrual of a delinquency as a condition for
4 service of an income withholding notice, under the exception
5 to immediate withholding in paragraph (1) of this subsection,
6 shall apply only to the initial service of an income
7 withholding notice on a payor of the obligor.
8 (5) Notwithstanding the exception to immediate
9 withholding contained in paragraph (1) of this subsection, if
10 the court finds at the time of any hearing that an arrearage
11 has accrued, the court shall order immediate service of an
12 income withholding notice upon the payor.
13 (6) If the order for support, under the exception to
14 immediate withholding contained in paragraph (1) of this
15 subsection, provides that an income withholding notice is to
16 be prepared and served only if the obligor becomes delinquent
17 in paying the order for support, the obligor may execute a
18 written waiver of that condition and request immediate
19 service on the payor.
20 (7) The obligee or public office may serve the income
21 withholding notice on the payor or its superintendent,
22 manager, or other agent by ordinary mail or certified mail
23 return receipt requested, by facsimile transmission or other
24 electronic means, by personal delivery, or by any method
25 provided by law for service of a summons. At the time of
26 service on the payor and as notice that withholding has
27 commenced, the obligee or public office shall serve a copy of
28 the income withholding notice on the obligor by ordinary mail
29 addressed to his or her last known address. Proofs of
30 service on the payor and the obligor shall be filed with the
31 Clerk of the Circuit Court.
32 (8) At any time after the initial service of an income
33 withholding notice under this Section, any other payor of the
34 obligor may be served with the same income withholding notice
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1 without further notice to the obligor.
2 (9) New service of an income withholding notice is not
3 required in order to resume withholding of income in the case
4 of an obligor with respect to whom an income withholding
5 notice was previously served on the payor if withholding of
6 income was terminated because of an interruption in the
7 obligor's employment of less than 180 days.
8 (C) Income Withholding After Accrual of Delinquency.
9 (1) Whenever an obligor accrues a delinquency, the
10 obligee or public office may prepare and serve upon the
11 obligor's payor an income withholding notice that:
12 (a) Contains the information required under
13 paragraph (3) of subsection (B); and
14 (b) Contains a computation of the period and total
15 amount of the delinquency as of the date of the notice;
16 and
17 (c) Directs the payor to withhold the dollar amount
18 required to be withheld periodically under the order for
19 support for payment of the delinquency.
20 (2) The income withholding notice and the obligor's copy
21 of the income withholding notice shall be served as provided
22 in paragraph (7) of subsection (B).
23 (3) The obligor may contest withholding commenced under
24 this subsection by filing a petition to contest withholding
25 with the Clerk of the Circuit Court within 20 days after
26 service of a copy of the income withholding notice on the
27 obligor. However, the grounds for the petition to contest
28 withholding shall be limited to:
29 (a) A dispute concerning the existence or amount of
30 the delinquency; or
31 (b) The identity of the obligor.
32 The Clerk of the Circuit Court shall notify the obligor
33 and the obligee or public office of the time and place of the
34 hearing on the petition to contest withholding. The court
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1 shall hold the hearing pursuant to the provisions of
2 subsection (F).
3 (D) Initiated Withholding.
4 (1) Notwithstanding any other provision of this Section,
5 if the court has not required that income withholding take
6 effect immediately, the obligee or public office may initiate
7 withholding, regardless of whether a delinquency has accrued,
8 by preparing and serving an income withholding notice on the
9 payor that contains the information required under paragraph
10 (3) of subsection (B) and states that the parties' written
11 agreement providing an alternative arrangement to immediate
12 withholding under paragraph (1) of subsection (B) no longer
13 ensures payment of support and the reason or reasons why it
14 does not.
15 (2) The income withholding notice and the obligor's copy
16 of the income withholding notice shall be served as provided
17 in paragraph (7) of subsection (B).
18 (3) The obligor may contest withholding commenced under
19 this subsection by filing a petition to contest withholding
20 with the Clerk of the Circuit Court within 20 days after
21 service of a copy of the income withholding notice on the
22 obligor. However, the grounds for the petition shall be
23 limited to a dispute concerning:
24 (a) whether the parties' written agreement
25 providing an alternative arrangement to immediate
26 withholding under paragraph (1) of subsection (B)
27 continues to ensure payment of support; or
28 (b) the identity of the obligor.
29 It shall not be grounds for filing a petition that the
30 obligor has made all payments due by the date of the
31 petition.
32 (4) If the obligor files a petition contesting
33 withholding within the 20-day period required under paragraph
34 (3), the Clerk of the Circuit Court shall notify the obligor
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1 and the obligee or public office, as appropriate, of the time
2 and place of the hearing on the petition. The court shall
3 hold the hearing pursuant to the provisions of subsection
4 (F).
5 (E) Duties of Payor.
6 (1) It shall be the duty of any payor who has been
7 served with an income withholding notice to deduct and pay
8 over income as provided in this subsection. The payor shall
9 deduct the amount designated in the income withholding
10 notice, as supplemented by any notice provided pursuant to
11 paragraph (6) of subsection (G), beginning no later than the
12 next payment of income which is payable or creditable to the
13 obligor that occurs 14 days following the date the income
14 withholding notice was mailed, sent by facsimile or other
15 electronic means, or placed for personal delivery to or
16 service on the payor. The payor may combine all amounts
17 withheld for the benefit of an obligee or public office into
18 a single payment and transmit the payment with a listing of
19 obligors from whom withholding has been effected. The payor
20 shall pay the amount withheld to the obligee or public office
21 within 7 business days after the date the amount would (but
22 for the duty to withhold income) have been paid or credited
23 to the obligor. If the payor knowingly fails to pay any
24 amount withheld to the obligee or public office within 7
25 business days after the date the amount would have been paid
26 or credited to the obligor, the payor shall pay a penalty of
27 $100 for each day that the withheld amount is not paid to the
28 obligee or public office after the period of 7 business days
29 has expired. The failure of a payor, on more than one
30 occasion, to pay amounts withheld to the obligee or public
31 office within 7 business days after the date the amount would
32 have been paid or credited to the obligor creates a
33 presumption that the payor knowingly failed to pay over the
34 amounts. This penalty, along with any amounts required to be
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1 withheld and paid, may be collected in a civil action which
2 may be brought against the payor in favor of the obligee or
3 public office. A finding of a payor's nonperformance within
4 the time required under this Section must be documented by a
5 certified mail return receipt showing the date the income
6 withholding notice was served on the payor. For purposes of
7 this Section, a withheld amount shall be considered paid by a
8 payor on the date it is mailed by the payor, or on the date
9 an electronic funds transfer of the amount has been initiated
10 by the payor, or on the date delivery of the amount has been
11 initiated by the payor. For each deduction, the payor shall
12 provide the obligee or public office, at the time of
13 transmittal, with the date the amount would (but for the duty
14 to withhold income) have been paid or credited to the
15 obligor. The payor shall not be required to vary the normal
16 pay and disbursement cycles in order to comply with this
17 paragraph.
18 Upon receipt of an income withholding notice requiring
19 that a minor child be named as a beneficiary of a health
20 insurance plan available through an employer or labor union
21 or trade union, the employer or labor union or trade union
22 shall immediately enroll the minor child as a beneficiary in
23 the health insurance plan designated by the income
24 withholding notice. The employer shall withhold any required
25 premiums and pay over any amounts so withheld and any
26 additional amounts the employer pays to the insurance carrier
27 in a timely manner. The employer or labor union or trade
28 union shall mail to the obligee, within 15 days of enrollment
29 or upon request, notice of the date of coverage, information
30 on the dependent coverage plan, and all forms necessary to
31 obtain reimbursement for covered health expenses, such as
32 would be made available to a new employee. When an order for
33 dependent coverage is in effect and the insurance coverage is
34 terminated or changed for any reason, the employer or labor
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1 union or trade union shall notify the obligee within 10 days
2 of the termination or change date along with notice of
3 conversion privileges.
4 For withholding of income, the payor shall be entitled to
5 receive a fee not to exceed $5 per month to be taken from the
6 income to be paid to the obligor.
7 (2) Whenever the obligor is no longer receiving income
8 from the payor, the payor shall return a copy of the income
9 withholding notice to the obligee or public office and shall
10 provide information for the purpose of enforcing this
11 Section.
12 (3) Withholding of income under this Section shall be
13 made without regard to any prior or subsequent garnishments,
14 attachments, wage assignments, or any other claims of
15 creditors. Withholding of income under this Section shall
16 not be in excess of the maximum amounts permitted under the
17 federal Consumer Credit Protection Act. If the payor has been
18 served with more than one income withholding notice
19 pertaining to the same obligor, the payor shall allocate
20 income available for withholding on a proportionate share
21 basis, giving priority to current support payments. If there
22 is any income available for withholding after withholding for
23 all current support obligations, the payor shall allocate the
24 income to past due support payments ordered in cases in which
25 cash assistance under the Illinois Public Aid Code is not
26 being provided to the obligee and then to past due support
27 payments ordered in cases in which cash assistance under the
28 Illinois Public Aid Code is being provided to the obligee,
29 both on a proportionate share basis. A payor who complies
30 with an income withholding notice that is regular on its face
31 shall not be subject to civil liability with respect to any
32 individual, any agency, or any creditor of the obligor for
33 conduct in compliance with the notice.
34 (4) No payor shall discharge, discipline, refuse to hire
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1 or otherwise penalize any obligor because of the duty to
2 withhold income.
3 (F) Petitions to Contest Withholding or to Modify, Suspend,
4 Terminate, or Correct Income Withholding Notices.
5 (1) When an obligor files a petition to contest
6 withholding, the court, after due notice to all parties,
7 shall hear the matter as soon as practicable and shall enter
8 an order granting or denying relief, ordering service of an
9 amended income withholding notice, where applicable, or
10 otherwise resolving the matter.
11 The court shall deny the obligor's petition if the court
12 finds that when the income withholding notice was mailed,
13 sent by facsimile transmission or other electronic means, or
14 placed for personal delivery to or service on the payor:
15 (a) A delinquency existed; or
16 (b) The parties' written agreement providing an
17 alternative arrangement to immediate withholding under
18 paragraph (1) of subsection (B) no longer ensured payment
19 of support.
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 income
23 withholding notice because of a modification, suspension
24 or 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 income withholding notice because
29 of inability to deliver income withheld to the obligee
30 due to the obligee's failure to provide a mailing address
31 or other means of delivery.
32 (3) At any time an obligor may petition the court to
33 correct a term contained in an income withholding notice to
34 conform to that stated in the underlying order for support
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1 for:
2 (a) The amount of current support;
3 (b) The amount of the arrearage;
4 (c) The periodic amount for payment of the
5 arrearage; or
6 (d) The periodic amount for payment of the
7 delinquency.
8 (4) The obligor, obligee or public office shall serve on
9 the payor, in the manner provided for service of income
10 withholding notices in paragraph (7) of subsection (B), a
11 copy of any order entered pursuant to this subsection that
12 affects the duties of the payor.
13 (5) At any time, a public office or Clerk of the Circuit
14 Court may serve a notice on the payor to:
15 (a) Cease withholding of income for payment of
16 current support for a child when the support obligation
17 for that child has automatically ceased under the order
18 for support through emancipation or otherwise; or
19 (b) Cease withholding of income for payment of
20 delinquency or arrearage when the delinquency or
21 arrearage has been paid in full.
22 (6) The notice provided for under paragraph (5) of this
23 subsection shall be served on the payor in the manner
24 provided for service of income withholding notices in
25 paragraph (7) of subsection (B), and a copy shall be provided
26 to the obligor and the obligee.
27 (7) The income withholding notice shall continue to be
28 binding upon the payor until service of an amended income
29 withholding notice or any order of the court or notice
30 entered or provided for under this subsection.
31 (G) Additional Duties.
32 (1) An obligee who is receiving income withholding
33 payments under this Section shall notify the payor, if the
34 obligee receives the payments directly from the payor, or the
HB2359 Engrossed -53- LRB9007364SMdv
1 public office or the Clerk of the Circuit Court, as
2 appropriate, of any change of address within 7 days of such
3 change.
4 (2) An obligee who is a recipient of public aid shall
5 send a copy of any income withholding notice served by the
6 obligee to the Attorney General.
7 (3) Each obligor shall notify the obligee, the public
8 office, and the Clerk of the Circuit Court of any change of
9 address within 7 days.
10 (4) An obligor whose income is being withheld or who has
11 been served with a notice of delinquency pursuant to this
12 Section shall notify the obligee, the public office, and the
13 Clerk of the Circuit Court of any new payor, within 7 days.
14 (5) When the Office of the Attorney General is no longer
15 authorized to receive payments for the obligee, it shall,
16 within 7 days, notify the payor or, where appropriate, the
17 Clerk of the Circuit Court, to redirect income withholding
18 payments to the obligee.
19 (6) The obligee or public office shall provide notice to
20 the payor and Clerk of the Circuit Court of any other support
21 payment made, including but not limited to, a set-off under
22 federal and State law or partial payment of the delinquency
23 or arrearage, or both.
24 (7) Any public office and Clerk of the Circuit Court
25 which collects, disburses or receives payments pursuant to
26 income withholding notices shall maintain complete, accurate,
27 and clear records of all payments and their disbursements.
28 Certified copies of payment records maintained by a public
29 office or Clerk of the Circuit Cour