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91_HB2903
LRB9109007WHmg
1 AN ACT regarding child support.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The State Comptroller Act is amended by
5 changing Section 10.05a as follows:
6 (15 ILCS 405/10.05a) (from Ch. 15, par. 210.05a)
7 Sec. 10.05a. Deductions from Warrants and Payments for
8 Satisfaction of Past Due Child Support. At the direction of
9 the Department of Public Aid, the Comptroller shall deduct
10 from a warrant or other payment described in Section 10.05 of
11 this Act, in accordance with the procedures provided therein,
12 and pay over to the State Disbursement Unit established under
13 Section 10-26 of the Illinois Public Aid Code Department that
14 amount certified as necessary to satisfy, in whole or in
15 part, past due support owed by a person on account of support
16 action being taken by the Department under Article X of The
17 Illinois Public Aid Code, whether or not such support is owed
18 to the State. Such deduction shall have priority over any
19 garnishment except that for payment of state or federal
20 taxes. In the case of joint payees, the Comptroller shall
21 deduct and pay over to the State Disbursement Unit Department
22 the entire amount certified. The Comptroller shall provide
23 the Department with the address to which the warrant or other
24 payment was to be mailed and the social security number of
25 each person from whom a deduction is made pursuant to this
26 Section.
27 (Source: P.A. 84-825; 91-212, eff. 7-20-99.)
28 Section 10. The Department of Revenue Law is amended by
29 changing Section 2505-650 as follows:
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1 (20 ILCS 2505/2505-650) (was 20 ILCS 2505/39b52)
2 Sec. 2505-650. Collection of past due support. Upon
3 certification of past due child support amounts from the
4 Department of Public Aid, the Department of Revenue may
5 collect the delinquency in any manner authorized for the
6 collection of any tax administered by the Department of
7 Revenue. The Department of Revenue shall notify the
8 Department of Public Aid when the delinquency or any portion
9 of the delinquency has been collected under this Section.
10 Any child support delinquency collected by the Department of
11 Revenue, including those amounts that result in overpayment
12 of a child support delinquency, shall be paid into the Child
13 Support Enforcement Trust Fund, a special fund outside the
14 State treasury to the State Disbursement Unit established
15 under Section 10-26 of the Illinois Public Aid Code into
16 into. The Department of Revenue may implement this Section
17 through the use of emergency rules in accordance with Section
18 5-45 of the Illinois Administrative Procedure Act. For
19 purposes of the Illinois Administrative Procedure Act, the
20 adoption of rules to implement this Section shall be
21 considered an emergency and necessary for the public
22 interest, safety, and welfare.
23 (Source: P.A. 90-491, eff. 1-1-98; 91-212, eff. 7-20-99;
24 91-239, eff. 1-1-00; revised 8-5-99.)
25 Section 15. The Illinois Income Tax Act is amended by
26 changing Section 901 as follows:
27 (35 ILCS 5/901) (from Ch. 120, par. 9-901)
28 Sec. 901. Collection Authority.
29 (a) In general.
30 The Department shall collect the taxes imposed by this
31 Act. The Department shall collect certified past due child
32 support amounts under Section 2505-650 of the Department of
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1 Revenue Law (20 ILCS 2505/2505-650). Except as provided in
2 subsections (c) and (e) of this Section, money collected
3 pursuant to subsections (a) and (b) of Section 201 of this
4 Act shall be paid into the General Revenue Fund in the State
5 treasury; money collected pursuant to subsections (c) and (d)
6 of Section 201 of this Act shall be paid into the Personal
7 Property Tax Replacement Fund, a special fund in the State
8 Treasury; and money collected under Section 2505-650 of the
9 Department of Revenue Law (20 ILCS 2505/2505-650) shall be
10 paid into the Child Support Enforcement Trust Fund, a special
11 fund outside the State Treasury to the State Disbursement
12 Unit established under Section 10-26 of the Illinois Public
13 Aid Code.
14 (b) Local Governmental Distributive Fund.
15 Beginning August 1, 1969, and continuing through June 30,
16 1994, the Treasurer shall transfer each month from the
17 General Revenue Fund to a special fund in the State treasury,
18 to be known as the "Local Government Distributive Fund", an
19 amount equal to 1/12 of the net revenue realized from the tax
20 imposed by subsections (a) and (b) of Section 201 of this Act
21 during the preceding month. Beginning July 1, 1994, and
22 continuing through June 30, 1995, the Treasurer shall
23 transfer each month from the General Revenue Fund to the
24 Local Government Distributive Fund an amount equal to 1/11 of
25 the net revenue realized from the tax imposed by subsections
26 (a) and (b) of Section 201 of this Act during the preceding
27 month. Beginning July 1, 1995, the Treasurer shall transfer
28 each month from the General Revenue Fund to the Local
29 Government Distributive Fund an amount equal to 1/10 of the
30 net revenue realized from the tax imposed by subsections (a)
31 and (b) of Section 201 of the Illinois Income Tax Act during
32 the preceding month. Net revenue realized for a month shall
33 be defined as the revenue from the tax imposed by subsections
34 (a) and (b) of Section 201 of this Act which is deposited in
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1 the General Revenue Fund, the Educational Assistance Fund and
2 the Income Tax Surcharge Local Government Distributive Fund
3 during the month minus the amount paid out of the General
4 Revenue Fund in State warrants during that same month as
5 refunds to taxpayers for overpayment of liability under the
6 tax imposed by subsections (a) and (b) of Section 201 of this
7 Act.
8 (c) Deposits Into Income Tax Refund Fund.
9 (1) Beginning on January 1, 1989 and thereafter,
10 the Department shall deposit a percentage of the amounts
11 collected pursuant to subsections (a) and (b)(1), (2),
12 and (3), of Section 201 of this Act into a fund in the
13 State treasury known as the Income Tax Refund Fund. The
14 Department shall deposit 6% of such amounts during the
15 period beginning January 1, 1989 and ending on June 30,
16 1989. Beginning with State fiscal year 1990 and for each
17 fiscal year thereafter, the percentage deposited into the
18 Income Tax Refund Fund during a fiscal year shall be the
19 Annual Percentage. For fiscal years 1999 through 2001,
20 the Annual Percentage shall be 7.1%. For all other
21 fiscal years, the Annual Percentage shall be calculated
22 as a fraction, the numerator of which shall be the amount
23 of refunds approved for payment by the Department during
24 the preceding fiscal year as a result of overpayment of
25 tax liability under subsections (a) and (b)(1), (2), and
26 (3) of Section 201 of this Act plus the amount of such
27 refunds remaining approved but unpaid at the end of the
28 preceding fiscal year, the denominator of which shall be
29 the amounts which will be collected pursuant to
30 subsections (a) and (b)(1), (2), and (3) of Section 201
31 of this Act during the preceding fiscal year. The
32 Director of Revenue shall certify the Annual Percentage
33 to the Comptroller on the last business day of the fiscal
34 year immediately preceding the fiscal year for which it
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1 is to be effective.
2 (2) Beginning on January 1, 1989 and thereafter,
3 the Department shall deposit a percentage of the amounts
4 collected pursuant to subsections (a) and (b)(6), (7),
5 and (8), (c) and (d) of Section 201 of this Act into a
6 fund in the State treasury known as the Income Tax Refund
7 Fund. The Department shall deposit 18% of such amounts
8 during the period beginning January 1, 1989 and ending on
9 June 30, 1989. Beginning with State fiscal year 1990 and
10 for each fiscal year thereafter, the percentage deposited
11 into the Income Tax Refund Fund during a fiscal year
12 shall be the Annual Percentage. For fiscal years 1999,
13 2000, and 2001, the Annual Percentage shall be 19%. For
14 all other fiscal years, the Annual Percentage shall be
15 calculated as a fraction, the numerator of which shall be
16 the amount of refunds approved for payment by the
17 Department during the preceding fiscal year as a result
18 of overpayment of tax liability under subsections (a) and
19 (b)(6), (7), and (8), (c) and (d) of Section 201 of this
20 Act plus the amount of such refunds remaining approved
21 but unpaid at the end of the preceding fiscal year, the
22 denominator of which shall be the amounts which will be
23 collected pursuant to subsections (a) and (b)(6), (7),
24 and (8), (c) and (d) of Section 201 of this Act during
25 the preceding fiscal year. The Director of Revenue shall
26 certify the Annual Percentage to the Comptroller on the
27 last business day of the fiscal year immediately
28 preceding the fiscal year for which it is to be
29 effective.
30 (d) Expenditures from Income Tax Refund Fund.
31 (1) Beginning January 1, 1989, money in the Income
32 Tax Refund Fund shall be expended exclusively for the
33 purpose of paying refunds resulting from overpayment of
34 tax liability under Section 201 of this Act and for
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1 making transfers pursuant to this subsection (d).
2 (2) The Director shall order payment of refunds
3 resulting from overpayment of tax liability under Section
4 201 of this Act from the Income Tax Refund Fund only to
5 the extent that amounts collected pursuant to Section 201
6 of this Act and transfers pursuant to this subsection (d)
7 have been deposited and retained in the Fund.
8 (3) As soon as possible after the end of each
9 fiscal year, the Director shall order transferred and the
10 State Treasurer and State Comptroller shall transfer from
11 the Income Tax Refund Fund to the Personal Property Tax
12 Replacement Fund an amount, certified by the Director to
13 the Comptroller, equal to the excess of the amount
14 collected pursuant to subsections (c) and (d) of Section
15 201 of this Act deposited into the Income Tax Refund Fund
16 during the fiscal year over the amount of refunds
17 resulting from overpayment of tax liability under
18 subsections (c) and (d) of Section 201 of this Act paid
19 from the Income Tax Refund Fund during the fiscal year.
20 (4) As soon as possible after the end of each
21 fiscal year, the Director shall order transferred and the
22 State Treasurer and State Comptroller shall transfer from
23 the Personal Property Tax Replacement Fund to the Income
24 Tax Refund Fund an amount, certified by the Director to
25 the Comptroller, equal to the excess of the amount of
26 refunds resulting from overpayment of tax liability under
27 subsections (c) and (d) of Section 201 of this Act paid
28 from the Income Tax Refund Fund during the fiscal year
29 over the amount collected pursuant to subsections (c) and
30 (d) of Section 201 of this Act deposited into the Income
31 Tax Refund Fund during the fiscal year.
32 (4.5) As soon as possible after the end of fiscal
33 year 1999 and of each fiscal year thereafter, the
34 Director shall order transferred and the State Treasurer
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1 and State Comptroller shall transfer from the Income Tax
2 Refund Fund to the General Revenue Fund any surplus
3 remaining in the Income Tax Refund Fund as of the end of
4 such fiscal year.
5 (5) This Act shall constitute an irrevocable and
6 continuing appropriation from the Income Tax Refund Fund
7 for the purpose of paying refunds upon the order of the
8 Director in accordance with the provisions of this
9 Section.
10 (e) Deposits into the Education Assistance Fund and the
11 Income Tax Surcharge Local Government Distributive Fund.
12 On July 1, 1991, and thereafter, of the amounts collected
13 pursuant to subsections (a) and (b) of Section 201 of this
14 Act, minus deposits into the Income Tax Refund Fund, the
15 Department shall deposit 7.3% into the Education Assistance
16 Fund in the State Treasury. Beginning July 1, 1991, and
17 continuing through January 31, 1993, of the amounts collected
18 pursuant to subsections (a) and (b) of Section 201 of the
19 Illinois Income Tax Act, minus deposits into the Income Tax
20 Refund Fund, the Department shall deposit 3.0% into the
21 Income Tax Surcharge Local Government Distributive Fund in
22 the State Treasury. Beginning February 1, 1993 and
23 continuing through June 30, 1993, of the amounts collected
24 pursuant to subsections (a) and (b) of Section 201 of the
25 Illinois Income Tax Act, minus deposits into the Income Tax
26 Refund Fund, the Department shall deposit 4.4% into the
27 Income Tax Surcharge Local Government Distributive Fund in
28 the State Treasury. Beginning July 1, 1993, and continuing
29 through June 30, 1994, of the amounts collected under
30 subsections (a) and (b) of Section 201 of this Act, minus
31 deposits into the Income Tax Refund Fund, the Department
32 shall deposit 1.475% into the Income Tax Surcharge Local
33 Government Distributive Fund in the State Treasury.
34 (Source: P.A. 90-613, eff. 7-9-98; 90-655, eff. 7-30-98;
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1 91-212, eff. 7-20-99; 91-239, eff. 1-1-00; revised 9-28-99.)
2 Section 20. The Illinois Public Aid Code is amended by
3 changing Sections 10-8, 10-10, 10-10.3, 10-11, 10-15, 10-16,
4 10-17.9, 10-19, 10-26, 12-9, and 12-10.2 and by adding
5 Section 10-26.1 as follows:
6 (305 ILCS 5/10-8) (from Ch. 23, par. 10-8)
7 Sec. 10-8. Support Payments - Partial Support - Full
8 Support. The notice to responsible relatives issued pursuant
9 to Section 10-7 shall direct payment (a) to the Illinois
10 Department in cases of applicants and recipients under
11 Articles III, IV, V and VII, (b) except as provided in
12 Section 10-3.1, to the local governmental unit in the case of
13 applicants and recipients under Article VI, and (c) to the
14 Illinois Department in cases of non-applicants and
15 non-recipients given access to the child and spouse support
16 services of this Article, as provided by Section 10-1.
17 However, if the support payments by responsible relatives are
18 sufficient to meet needs of a recipient in full, including
19 current and anticipated medical needs, and the Illinois
20 Department or the local governmental unit, as the case may
21 be, has reasonable grounds to believe that such needs will
22 continue to be provided in full by the responsible relatives,
23 the relatives may be directed to make subsequent support
24 payments to the needy person or to some person or agency in
25 his behalf and the recipient shall be removed from the rolls.
26 In such instance the recipient also shall be notified by
27 registered or certified mail of the action taken. If a
28 recipient removed from the rolls requests the Illinois
29 Department to continue to collect the support payments in his
30 behalf, the Department, at its option, may do so and pay
31 amounts so collected to the person. The Department may
32 provide for deducting any costs incurred by it in making the
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1 collection from the amount of any recovery made and pay only
2 the net amount to the person.
3 Payments under this Section to the Illinois Department
4 pursuant to the Child Support Enforcement Program established
5 by Title IV-D of the Social Security Act shall be paid into
6 the Child Support Enforcement Trust Fund. All payments under
7 this Section to the Illinois Department of Human Services
8 shall be deposited in the DHS Recoveries Trust Fund.
9 Disbursements from these funds shall be as provided in
10 Sections 12-9.1 and 12-10.2 of this Code. Payments received
11 by a local governmental unit shall be deposited in that
12 unit's General Assistance Fund.
13 To the extent the provisions of this Section are
14 inconsistent with the requirements pertaining to the State
15 Disbursement Unit under Sections 10-10.4 and 10-26 of this
16 Code, the requirements pertaining to the State Disbursement
17 Unit shall apply.
18 (Source: P.A. 91-24, eff. 7-1-99; 91-212, eff. 7-20-99;
19 revised 9-28-99.)
20 (305 ILCS 5/10-10) (from Ch. 23, par. 10-10)
21 Sec. 10-10. Court enforcement; applicability also to
22 persons who are not applicants or recipients. Except where
23 the Illinois Department, by agreement, acts for the local
24 governmental unit, as provided in Section 10-3.1, local
25 governmental units shall refer to the State's Attorney or to
26 the proper legal representative of the governmental unit, for
27 judicial enforcement as herein provided, instances of
28 non-support or insufficient support when the dependents are
29 applicants or recipients under Article VI. The Child and
30 Spouse Support Unit established by Section 10-3.1 may
31 institute in behalf of the Illinois Department any actions
32 under this Section for judicial enforcement of the support
33 liability when the dependents are (a) applicants or
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1 recipients under Articles III, IV, V or VII (b) applicants or
2 recipients in a local governmental unit when the Illinois
3 Department, by agreement, acts for the unit; or (c)
4 non-applicants or non-recipients who are receiving support
5 enforcement services under this Article X, as provided in
6 Section 10-1. Where the Child and Spouse Support Unit has
7 exercised its option and discretion not to apply the
8 provisions of Sections 10-3 through 10-8, the failure by the
9 Unit to apply such provisions shall not be a bar to bringing
10 an action under this Section.
11 Action shall be brought in the circuit court to obtain
12 support, or for the recovery of aid granted during the period
13 such support was not provided, or both for the obtainment of
14 support and the recovery of the aid provided. Actions for
15 the recovery of aid may be taken separately or they may be
16 consolidated with actions to obtain support. Such actions
17 may be brought in the name of the person or persons requiring
18 support, or may be brought in the name of the Illinois
19 Department or the local governmental unit, as the case
20 requires, in behalf of such persons.
21 The court may enter such orders for the payment of moneys
22 for the support of the person as may be just and equitable
23 and may direct payment thereof for such period or periods of
24 time as the circumstances require, including support for a
25 period before the date the order for support is entered. The
26 order may be entered against any or all of the defendant
27 responsible relatives and may be based upon the proportionate
28 ability of each to contribute to the person's support.
29 The Court shall determine the amount of child support
30 (including child support for a period before the date the
31 order for child support is entered) by using the guidelines
32 and standards set forth in subsection (a) of Section 505 and
33 in Section 505.2 of the Illinois Marriage and Dissolution of
34 Marriage Act. For purposes of determining the amount of child
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1 support to be paid for a period before the date the order for
2 child support is entered, there is a rebuttable presumption
3 that the responsible relative's net income for that period
4 was the same as his or her net income at the time the order
5 is entered.
6 An order entered under this Section shall include a
7 provision requiring the obligor to report to the obligee and
8 to the clerk of court within 10 days each time the obligor
9 obtains new employment, and each time the obligor's
10 employment is terminated for any reason. The report shall be
11 in writing and shall, in the case of new employment, include
12 the name and address of the new employer. Failure to report
13 new employment or the termination of current employment, if
14 coupled with nonpayment of support for a period in excess of
15 60 days, is indirect criminal contempt. For any obligor
16 arrested for failure to report new employment bond shall be
17 set in the amount of the child support that should have been
18 paid during the period of unreported employment. An order
19 entered under this Section shall also include a provision
20 requiring the obligor and obligee parents to advise each
21 other of a change in residence within 5 days of the change
22 except when the court finds that the physical, mental, or
23 emotional health of a party or that of a minor child, or
24 both, would be seriously endangered by disclosure of the
25 party's address.
26 The Court shall determine the amount of maintenance using
27 the standards set forth in Section 504 of the Illinois
28 Marriage and Dissolution of Marriage Act.
29 Any new or existing support order entered by the court
30 under this Section shall be deemed to be a series of
31 judgments against the person obligated to pay support
32 thereunder, each such judgment to be in the amount of each
33 payment or installment of support and each such judgment to
34 be deemed entered as of the date the corresponding payment or
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1 installment becomes due under the terms of the support order.
2 Each such judgment shall have the full force, effect and
3 attributes of any other judgment of this State, including the
4 ability to be enforced. Any such judgment is subject to
5 modification or termination only in accordance with Section
6 510 of the Illinois Marriage and Dissolution of Marriage Act.
7 A lien arises by operation of law against the real and
8 personal property of the noncustodial parent for each
9 installment of overdue support owed by the noncustodial
10 parent.
11 When an order is entered for the support of a minor, the
12 court may provide therein for reasonable visitation of the
13 minor by the person or persons who provided support pursuant
14 to the order. Whoever willfully refuses to comply with such
15 visitation order or willfully interferes with its enforcement
16 may be declared in contempt of court and punished therefor.
17 Except where the local governmental unit has entered into
18 an agreement with the Illinois Department for the Child and
19 Spouse Support Unit to act for it, as provided in Section
20 10-3.1, support orders entered by the court in cases
21 involving applicants or recipients under Article VI shall
22 provide that payments thereunder be made directly to the
23 local governmental unit. Orders for the support of all other
24 applicants or recipients shall provide that payments
25 thereunder be made directly to the Illinois Department. In
26 accordance with federal law and regulations, the Illinois
27 Department may continue to collect current maintenance
28 payments or child support payments, or both, after those
29 persons cease to receive public assistance and until
30 termination of services under Article X. The Illinois
31 Department shall pay the net amount collected to those
32 persons after deducting any costs incurred in making the
33 collection or any collection fee from the amount of any
34 recovery made. In both cases the order shall permit the
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1 local governmental unit or the Illinois Department, as the
2 case may be, to direct the responsible relative or relatives
3 to make support payments directly to the needy person, or to
4 some person or agency in his behalf, upon removal of the
5 person from the public aid rolls or upon termination of
6 services under Article X.
7 If the notice of support due issued pursuant to Section
8 10-7 directs that support payments be made directly to the
9 needy person, or to some person or agency in his behalf, and
10 the recipient is removed from the public aid rolls, court
11 action may be taken against the responsible relative
12 hereunder if he fails to furnish support in accordance with
13 the terms of such notice.
14 Actions may also be brought under this Section in behalf
15 of any person who is in need of support from responsible
16 relatives, as defined in Section 2-11 of Article II who is
17 not an applicant for or recipient of financial aid under this
18 Code. In such instances, the State's Attorney of the county
19 in which such person resides shall bring action against the
20 responsible relatives hereunder. If the Illinois Department,
21 as authorized by Section 10-1, extends the support services
22 provided by this Article to spouses and dependent children
23 who are not applicants or recipients under this Code, the
24 Child and Spouse Support Unit established by Section 10-3.1
25 shall bring action against the responsible relatives
26 hereunder and any support orders entered by the court in such
27 cases shall provide that payments thereunder be made directly
28 to the Illinois Department.
29 Whenever it is determined in a proceeding to establish or
30 enforce a child support or maintenance obligation that the
31 person owing a duty of support is unemployed, the court may
32 order the person to seek employment and report periodically
33 to the court with a diary, listing or other memorandum of his
34 or her efforts in accordance with such order. Additionally,
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1 the court may order the unemployed person to report to the
2 Department of Employment Security for job search services or
3 to make application with the local Jobs Training Partnership
4 Act provider for participation in job search, training or
5 work programs and where the duty of support is owed to a
6 child receiving support services under this Article X, the
7 court may order the unemployed person to report to the
8 Illinois Department for participation in job search, training
9 or work programs established under Section 9-6 and Article
10 IXA of this Code.
11 Whenever it is determined that a person owes past-due
12 support for a child receiving assistance under this Code, the
13 court shall order at the request of the Illinois Department:
14 (1) that the person pay the past-due support in
15 accordance with a plan approved by the court; or
16 (2) if the person owing past-due support is
17 unemployed, is subject to such a plan, and is not
18 incapacitated, that the person participate in such job
19 search, training, or work programs established under
20 Section 9-6 and Article IXA of this Code as the court
21 deems appropriate.
22 A determination under this Section shall not be
23 administratively reviewable by the procedures specified in
24 Sections 10-12, and 10-13 to 10-13.10. Any determination
25 under these Sections, if made the basis of court action under
26 this Section, shall not affect the de novo judicial
27 determination required under this Section.
28 A one-time charge of 20% is imposable upon the amount of
29 past-due child support owed on July 1, 1988 which has accrued
30 under a support order entered by the court. The charge shall
31 be imposed in accordance with the provisions of Section 10-21
32 of this Code and shall be enforced by the court upon
33 petition.
34 All orders for support, when entered or modified, shall
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1 include a provision requiring the non-custodial parent to
2 notify the court and, in cases in which a party is receiving
3 child and spouse support services under this Article X, the
4 Illinois Department, within 7 days, (i) of the name, address,
5 and telephone number of any new employer of the non-custodial
6 parent, (ii) whether the non-custodial parent has access to
7 health insurance coverage through the employer or other group
8 coverage and, if so, the policy name and number and the names
9 of persons covered under the policy, and (iii) of any new
10 residential or mailing address or telephone number of the
11 non-custodial parent. In any subsequent action to enforce a
12 support order, upon a sufficient showing that a diligent
13 effort has been made to ascertain the location of the
14 non-custodial parent, service of process or provision of
15 notice necessary in the case may be made at the last known
16 address of the non-custodial parent in any manner expressly
17 provided by the Code of Civil Procedure or this Code, which
18 service shall be sufficient for purposes of due process.
19 An order for support shall include a date on which the
20 current support obligation terminates. The termination date
21 shall be no earlier than the date on which the child covered
22 by the order will attain the age of majority or is otherwise
23 emancipated. The order for support shall state that the
24 termination date does not apply to any arrearage that may
25 remain unpaid on that date. Nothing in this paragraph shall
26 be construed to prevent the court from modifying the order.
27 Upon notification in writing or by electronic
28 transmission from the Illinois Department to the clerk of the
29 court that a person who is receiving support payments under
30 this Section is receiving services under the Child Support
31 Enforcement Program established by Title IV-D of the Social
32 Security Act, any support payments subsequently received by
33 the clerk of the court shall be transmitted in accordance
34 with the instructions of the Illinois Department until the
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1 Illinois Department gives notice to the clerk of the court to
2 cease the transmittal. After providing the notification
3 authorized under this paragraph, the Illinois Department
4 shall be entitled as a party to notice of any further
5 proceedings in the case. The clerk of the court shall file a
6 copy of the Illinois Department's notification in the court
7 file. The clerk's failure to file a copy of the
8 notification in the court file shall not, however, affect the
9 Illinois Department's right to receive notice of further
10 proceedings.
11 Payments under this Section to the Illinois Department
12 pursuant to the Child Support Enforcement Program established
13 by Title IV-D of the Social Security Act shall be paid into
14 the Child Support Enforcement Trust Fund. All payments under
15 this Section to the Illinois Department of Human Services
16 shall be deposited in the DHS Recoveries Trust Fund.
17 Disbursements from these funds shall be as provided in
18 Sections 12-9.1 and 12-10.2 of this Code. Payments received
19 by a local governmental unit shall be deposited in that
20 unit's General Assistance Fund.
21 To the extent the provisions of this Section are
22 inconsistent with the requirements pertaining to the State
23 Disbursement Unit under Sections 10-10.4 and 10-26 of this
24 Code, the requirements pertaining to the State Disbursement
25 Unit shall apply.
26 (Source: P.A. 90-18, eff. 7-1-97; 90-539, eff. 6-1-98;
27 90-655, eff. 7-30-98; 90-673, eff. 1-1-99; 90-790, eff.
28 8-14-98; 91-24, eff. 7-1-99; 91-212, eff. 7-20-99; 91-357,
29 eff. 7-29-99; revised 8-30-99.)
30 (305 ILCS 5/10-10.3) (from Ch. 23, par. 10-10.3)
31 Sec. 10-10.3. For those cases in which child support is
32 payable to the clerk of the circuit court for transmittal to
33 the Illinois Department by order of court, the clerk shall
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1 transmit all such payments, within 4 working days of receipt,
2 to insure that funds are available for immediate distribution
3 by the Department to the person or entity entitled thereto in
4 accordance with standards of the Child Support Enforcement
5 Program established under Title IV-D of the Social Security
6 Act. The clerk shall notify the Department of the date of
7 receipt and amount thereof at the time of transmittal. Where
8 the clerk has entered into an agreement of cooperation with
9 the Department to record the terms of child support orders
10 and payments made thereunder directly into the Department's
11 automated data processing system, the clerk shall account
12 for, transmit and otherwise distribute child support payments
13 in accordance with such agreement in lieu of the requirements
14 contained herein.
15 To the extent the provisions of this Section are
16 inconsistent with the requirements pertaining to the State
17 Disbursement Unit under Sections 10-10.4 and 10-26 of this
18 Code, the requirements pertaining to the State Disbursement
19 Unit shall apply.
20 (Source: P.A. 86-1184; 91-212, eff. 7-20-99.)
21 (305 ILCS 5/10-11) (from Ch. 23, par. 10-11)
22 Sec. 10-11. Administrative Orders. In lieu of actions
23 for court enforcement of support under Section 10-10, the
24 Child and Spouse Support Unit of the Illinois Department, in
25 accordance with the rules of the Illinois Department, may
26 issue an administrative order requiring the responsible
27 relative to comply with the terms of the determination and
28 notice of support due, determined and issued under Sections
29 10-6 and 10-7. The Unit may also enter an administrative
30 order under subsection (b) of Section 10-7. The
31 administrative order shall be served upon the responsible
32 relative by United States registered or certified mail. In
33 cases in which the responsible relative appeared at the
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1 office of the Child and Spouse Support Unit in response to
2 the notice of support obligation issued under Section 10-4,
3 however, or in cases of default in which the notice was
4 served on the responsible relative by certified mail, return
5 receipt requested, or by a private person as authorized under
6 Section 10-4, or by any method provided by law for service of
7 summons, the administrative determination of paternity or
8 administrative support order may be sent to the responsible
9 relative by ordinary mail addressed to the responsible
10 relative's last known address.
11 If a responsible relative or a person receiving child and
12 spouse support services under this Article fails to petition
13 the Illinois Department for release from or modification of
14 the administrative order, as provided in Section 10-12 or
15 Section 10-12.1, the order shall become final and there shall
16 be no further administrative or judicial remedy. Likewise a
17 decision by the Illinois Department as a result of an
18 administrative hearing, as provided in Sections 10-13 to
19 10-13.10, shall become final and enforceable if not
20 judicially reviewed under the Administrative Review Law, as
21 provided in Section 10-14.
22 Any new or existing support order entered by the Illinois
23 Department under this Section shall be deemed to be a series
24 of judgments against the person obligated to pay support
25 thereunder, each such judgment to be in the amount of each
26 payment or installment of support and each such judgment to
27 be deemed entered as of the date the corresponding payment or
28 installment becomes due under the terms of the support order.
29 Each such judgment shall have the full force, effect and
30 attributes of any other judgment of this State, including the
31 ability to be enforced. Any such judgment is subject to
32 modification or termination only in accordance with Section
33 510 of the Illinois Marriage and Dissolution of Marriage Act.
34 A lien arises by operation of law against the real and
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1 personal property of the noncustodial parent for each
2 installment of overdue support owed by the noncustodial
3 parent.
4 An order entered under this Section shall include a
5 provision requiring the obligor to report to the obligee and
6 to the clerk of court within 10 days each time the obligor
7 obtains new employment, and each time the obligor's
8 employment is terminated for any reason. The report shall be
9 in writing and shall, in the case of new employment, include
10 the name and address of the new employer. Failure to report
11 new employment or the termination of current employment, if
12 coupled with nonpayment of support for a period in excess of
13 60 days, is indirect criminal contempt. For any obligor
14 arrested for failure to report new employment bond shall be
15 set in the amount of the child support that should have been
16 paid during the period of unreported employment. An order
17 entered under this Section shall also include a provision
18 requiring the obligor and obligee parents to advise each
19 other of a change in residence within 5 days of the change
20 except when the court finds that the physical, mental, or
21 emotional health of a party or that of a minor child, or
22 both, would be seriously endangered by disclosure of the
23 party's address.
24 A one-time charge of 20% is imposable upon the amount of
25 past-due child support owed on July 1, 1988, which has
26 accrued under a support order entered by the Illinois
27 Department under this Section. The charge shall be imposed
28 in accordance with the provisions of Section 10-21 and shall
29 be enforced by the court in a suit filed under Section 10-15.
30 (Source: P.A. 90-18, eff. 7-1-97; 90-539, eff. 6-1-98;
31 90-655, eff. 7-30-98; 90-790, eff. 8-14-98; 91-212, eff.
32 7-20-99.)
33 (305 ILCS 5/10-15) (from Ch. 23, par. 10-15)
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1 Sec. 10-15. Enforcement of Administrative Order - Costs
2 and Fees. If a responsible relative refuses, neglects, or
3 fails to comply with a final administrative support or
4 reimbursement order of the Illinois Department entered by the
5 Child and Spouse Support Unit pursuant to Sections 10-11 or
6 10-11.1 or registered pursuant to Section 10-17.1, the Child
7 and Spouse Support Unit may file suit against the responsible
8 relative or relatives to secure compliance with the
9 administrative order.
10 Suits shall be instituted in the name of the People of
11 the State of Illinois on the relation of the Department of
12 Public Aid of the State of Illinois and the spouse or
13 dependent children for whom the support order has been
14 issued.
15 The court shall order the payment of the support
16 obligation, or orders for reimbursement of moneys for support
17 provided, directly to the Illinois Department but the order
18 shall permit the Illinois Department to direct the
19 responsible relative or relatives to make payments of support
20 directly to the spouse or dependent children, or to some
21 person or agency in his or their behalf, as provided in
22 Section 10-8 or 10-10, as applicable.
23 Whenever it is determined in a proceeding to enforce an
24 administrative order that the responsible relative is
25 unemployed, and support is sought on behalf of applicants for
26 or recipients of financial aid under Article IV of this Code
27 or other persons who are given access to the child and spouse
28 support services of this Article as provided in Section 10-1,
29 the court may order the responsible relative to seek
30 employment and report periodically to the court with a diary,
31 listing or other memorandum of his or her efforts in
32 accordance with such order. In addition, the court may order
33 the unemployed responsible relative to report to the Illinois
34 Department for participation in job search, training or work
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1 programs established under Section 9-6 of this Code or to the
2 Illinois Department of Employment Security for job search
3 services or to make application with the local Jobs Training
4 Partnership Act provider for participation in job search,
5 training or work programs.
6 Charges imposed in accordance with the provisions of
7 Section 10-21 shall be enforced by the Court in a suit filed
8 under this Section.
9 To the extent the provisions of this Section are
10 inconsistent with the requirements pertaining to the State
11 Disbursement Unit under Sections 10-10.4 and 10-26 of this
12 Code, the requirements pertaining to the State Disbursement
13 Unit shall apply.
14 (Source: P.A. 85-1440; 91-212, eff. 7-20-99.)
15 (305 ILCS 5/10-16) (from Ch. 23, par. 10-16)
16 Sec. 10-16. Judicial enforcement of court and
17 administrative support orders. Court orders entered in
18 proceedings under Section 10-10 and court orders for
19 enforcement of an administrative order under Section 10-15
20 and for the payment of money may be enforced by attachment as
21 for contempt against the persons of the defendants, and in
22 addition, as other judgments for the payment of money, and
23 costs may be adjudged against the defendants and apportioned
24 among them; but if the complaint is dismissed, costs shall be
25 borne by the Illinois Department or the local governmental
26 unit, as the case may be. If a responsible relative is
27 directed by the Illinois Department, or the local
28 governmental unit, under the conditions stated in Section
29 10-8, to make support payments directly to the person, or to
30 some person or agency in his behalf, the court order entered
31 against him under this Section or Section 10-10 may be
32 enforced as herein provided if he thereafter fails to furnish
33 support in accordance with its terms. The State of Illinois
-22- LRB9109007WHmg
1 shall not be required to make a deposit for or pay any costs
2 or fees of any court or officer thereof in any proceeding
3 instituted under this Section.
4 The provisions of the Civil Practice Law, and all
5 amendments and modifications thereof, shall apply to and
6 govern all actions instituted under this Section and Section
7 10-10. In such actions proof that a person is an applicant
8 for or recipient of public aid under any Article of this Code
9 shall be prima facie proof that he is a person in necessitous
10 circumstances by reason of infirmity, unemployment or other
11 cause depriving him of the means of a livelihood compatible
12 with health and well-being.
13 Payments under this Section to the Illinois Department
14 pursuant to the Child Support Enforcement Program established
15 by Title IV-D of the Social Security Act shall be paid into
16 the Child Support Enforcement Trust Fund. All payments under
17 this Section to the Illinois Department of Human Services
18 shall be deposited in the DHS Recoveries Trust Fund.
19 Disbursements from these funds shall be as provided in
20 Sections 12-9.1 and 12-10.2 of this Code. Payments received
21 by a local governmental unit shall be deposited in that
22 unit's General Assistance Fund.
23 In addition to the penalties or punishment that may be
24 imposed under this Section, any person whose conduct
25 constitutes a violation of Section 1 of the Non-Support of
26 Spouse and Children Act may be prosecuted under that Section,
27 and a person convicted under that Section may be sentenced in
28 accordance with that Section. The sentence may include but
29 need not be limited to a requirement that the person perform
30 community service under subsection (b) of that Section or
31 participate in a work alternative program under subsection
32 (c) of that Section. A person may not be required to
33 participate in a work alternative program under subsection
34 (c) of that Section if the person is currently participating
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1 in a work program pursuant to Section 10-11.1 of this Code.
2 To the extent the provisions of this Section are
3 inconsistent with the requirements pertaining to the State
4 Disbursement Unit under Sections 10-10.4 and 10-26 of this
5 Code, the requirements pertaining to the State Disbursement
6 Unit shall apply.
7 (Source: P.A. 90-733, eff. 8-11-98; 91-24, eff. 7-1-99;
8 91-212, eff. 7-20-99; revised 9-28-99.)
9 (305 ILCS 5/10-17.9)
10 Sec. 10-17.9. Past due support information to State
11 Department of Revenue.
12 (a) The Illinois Department may provide by rule for
13 certification to the Illinois Department of Revenue of past
14 due support owed by responsible relatives under a support
15 order entered by a court or administrative body of this or
16 any other State on behalf of resident or non-resident
17 persons. The rule shall provide for notice to and an
18 opportunity to be heard by each responsible relative
19 affected. Any final administrative decision rendered by the
20 Department shall be reviewed only under and in accordance
21 with the Administrative Review Law. A responsible relative
22 may avoid certification to the Illinois Department of Revenue
23 by establishing a satisfactory repayment record as determined
24 by the Illinois Department of Public Aid.
25 (b) A certified past due support amount shall be final.
26 The certified amount shall be payable to the Illinois
27 Department of Revenue upon written notification of the
28 certification to the responsible relative by the Illinois
29 Department of Revenue.
30 (c) In the event a responsible relative overpays
31 pursuant to collection under this Section and the applicable
32 Sections of the Illinois Income Tax Act, the overpayment
33 shall be a credit against future support obligations. If the
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1 current support obligation of the responsible relative has
2 terminated under operation of law or court order, any moneys
3 overpaid but still in the possession of the Department shall
4 be promptly returned to the responsible relative.
5 (d) Except as otherwise provided in this Article, any
6 child support delinquency certified to the Illinois
7 Department of Revenue shall be treated as a child support
8 delinquency for all other purposes, and any collection action
9 by the State's Attorney or the Illinois Department of Revenue
10 with respect to any delinquency certified under this Article
11 shall have the same priority against attachment, execution,
12 assignment, or other collection action as is provided by any
13 other provision of State law.
14 (e) Any child support delinquency collected by the
15 Illinois Department of Revenue, including those amounts that
16 result in overpayment of a child support delinquency, shall
17 be paid to the State Disbursement Unit established under
18 Section 10-26 deposited in, or transferred to, the Child
19 Support Enforcement Trust Fund.
20 (Source: P.A. 89-6, eff. 12-31-95; 91-212, eff. 7-20-99.)
21 (305 ILCS 5/10-19) (from Ch. 23, par. 10-19)
22 Sec. 10-19. Support Payments Ordered Under Other Laws;
23 where deposited. The Illinois Department and local
24 governmental units are authorized to receive payments
25 directed by court order for the support of recipients, as
26 provided in the following Acts:
27 1. "Non-Support of Spouse and Children Act", approved
28 June 24, 1915, as amended,
29 1.5. The Non-Support Punishment Act,
30 2. "Illinois Marriage and Dissolution of Marriage Act",
31 as now or hereafter amended,
32 3. The Illinois Parentage Act, as amended,
33 4. "Revised Uniform Reciprocal Enforcement of Support
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1 Act", approved August 28, 1969, as amended,
2 5. The Juvenile Court Act or the Juvenile Court Act of
3 1987, as amended,
4 6. The "Unified Code of Corrections", approved July 26,
5 1972, as amended,
6 7. Part 7 of Article XII of the Code of Civil Procedure,
7 as amended,
8 8. Part 8 of Article XII of the Code of Civil Procedure,
9 as amended, and
10 9. Other laws which may provide by judicial order for
11 direct payment of support moneys.
12 Payments under this Section to the Illinois Department
13 pursuant to the Child Support Enforcement Program established
14 by Title IV-D of the Social Security Act shall be paid into
15 the Child Support Enforcement Trust Fund. All payments under
16 this Section to the Illinois Department of Human Services
17 shall be deposited in the DHS Recoveries Trust Fund.
18 Disbursements from these funds shall be as provided in
19 Sections 12-9.1 and 12-10.2 of this Code. Payments received
20 by a local governmental unit shall be deposited in that
21 unit's General Assistance Fund.
22 To the extent the provisions of this Section are
23 inconsistent with the requirements pertaining to the State
24 Disbursement Unit under Sections 10-10.4 and 10-26 of this
25 Code, the requirements pertaining to the State Disbursement
26 Unit shall apply.
27 (Source: P.A. 91-24, eff. 7-1-99; 91-212, eff. 7-20-99;
28 91-613, eff. 10-1-99; revised 9-28-99.)
29 (305 ILCS 5/10-26)
30 Sec. 10-26. State Disbursement Unit. (a) Effective
31 October 1, 1999 the Illinois Department shall establish a The
32 State Disbursement Unit is abolished. in accordance with the
33 requirements of Title IV-D of the Social Security Act. The
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1 Illinois Department shall enter into an agreement with a
2 State or local governmental unit or private entity to perform
3 the functions of the State Disbursement Unit as set forth in
4 this Section. The purpose of the State Disbursement Unit
5 shall be to collect and disburse support payments made under
6 court and administrative support orders:
7 (1) being enforced in cases in which child and
8 spouse support services are being provided under this
9 Article X; and
10 (2) in all cases in which the order for support was
11 entered after January 1, 1994, child and spouse support
12 services are not being provided under this Article X, and
13 in which support payments are made under the provisions
14 of the Income Withholding for Support Act.
15 (b) All payments received by the State Disbursement
16 Unit:
17 (1) shall be deposited into an account obtained by
18 the State or local governmental unit or private entity,
19 as the case may be, and
20 (2) distributed and disbursed by the State
21 Disbursement Unit, in accordance with the directions of
22 the Illinois Department, pursuant to Title IV-D of the
23 Social Security Act and rules promulgated by the
24 Department.
25 (c) All support payments assigned to the Illinois
26 Department under Article X of this Code and rules promulgated
27 by the Illinois Department that are disbursed to the Illinois
28 Department by the State Disbursement Unit shall be paid into
29 the Child Support Enforcement Trust Fund.
30 (d) If the agreement with the State or local
31 governmental unit or private entity provided for in this
32 Section is not in effect for any reason, the Department shall
33 perform the functions of the State Disbursement Unit as set
34 forth in this Section for a maximum of 12 months.
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1 (Source: P.A. 91-212, eff. 7-20-99)
2 (305 ILCS 5/10-26.1 new)
3 Sec. 26.1. Implementation of amendatory Act. The
4 Department shall take all actions (including but not limited
5 to actions relating to records, information, personnel,
6 funds, and adoption of rules) necessary to ensure that this
7 amendatory Act of the 91st General Assembly is implemented in
8 an orderly and efficient manner.
9 (305 ILCS 5/12-9) (from Ch. 23, par. 12-9)
10 Sec. 12-9. Public Aid Recoveries Trust Fund; uses. The
11 Public Aid Recoveries Trust Fund shall consist of (1)
12 recoveries by the Illinois Department of Public Aid
13 authorized by this Code in respect to applicants or
14 recipients under Articles III, IV, V, and VI, including
15 recoveries made by the Illinois Department of Public Aid from
16 the estates of deceased recipients, (2) recoveries made by
17 the Illinois Department of Public Aid in respect to
18 applicants and recipients under the Children's Health
19 Insurance Program, and (3) federal funds received on behalf
20 of and earned by local governmental entities for services
21 provided to applicants or recipients covered under this Code.
22 to the State Disbursement Unit established under Section
23 10-26 of this Code or The Fund shall be held as a special
24 fund in the State Treasury.
25 Disbursements from this Fund shall be only (1) for the
26 reimbursement of claims collected by the Illinois Department
27 of Public Aid through error or mistake, (2) for payment to
28 persons or agencies designated as payees or co-payees on any
29 instrument, whether or not negotiable, delivered to the
30 Illinois Department of Public Aid as a recovery under this
31 Section, such payment to be in proportion to the respective
32 interests of the payees in the amount so collected, (3) for
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1 payments to the Department of Human Services for collections
2 made by the Illinois Department of Public Aid on behalf of
3 the Department of Human Services under this Code, (4) from
4 the State Disbursement Unit Revolving Fund under Section
5 12-8.1 of this Code or for payment of administrative expenses
6 incurred in performing the activities authorized under this
7 Code, (5) for payment of fees to persons or agencies in the
8 performance of activities pursuant to the collection of
9 monies owed the State that are collected under this Code, (6)
10 for payments of any amounts which are reimbursable to the
11 federal government which are required to be paid by State
12 warrant by either the State or federal government, and (7)
13 for payments to local governmental entities of federal funds
14 for services provided to applicants or recipients covered
15 under this Code. Disbursements from this Fund for purposes
16 of items (4) and (5) of this paragraph shall be subject to
17 appropriations from the Fund to the Illinois Department of
18 Public Aid.
19 The balance in this Fund on the first day of each
20 calendar quarter, after payment therefrom of any amounts
21 reimbursable to the federal government, and minus the amount
22 reasonably anticipated to be needed to make the disbursements
23 during that quarter authorized by this Section, shall be
24 certified by the Director of the Illinois Department of
25 Public Aid and transferred by the State Comptroller to the
26 General Revenue Fund in the State Treasury within 30 days of
27 the first day of each calendar quarter.
28 On July 1, 1999, the State Comptroller shall transfer the
29 sum of $5,000,000 from the Public Aid Recoveries Trust Fund
30 (formerly the Public Assistance Recoveries Trust Fund) into
31 the DHS Recoveries Trust Fund.
32 (Source: P.A. 90-255, eff. 1-1-98; 91-24, eff. 7-1-99;
33 91-212, eff. 7-20-99; revised 9-28-99.)
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1 (305 ILCS 5/12-10.2) (from Ch. 23, par. 12-10.2)
2 Sec. 12-10.2. The Child Support Enforcement Trust Fund,
3 to be held by the State Treasurer as ex-officio custodian
4 outside the State Treasury, pursuant to the Child Support
5 Enforcement Program established by Title IV-D of the Social
6 Security Act, shall consist of (1) all support payments
7 received by the Illinois Department under Sections 10-8,
8 10-10, 10-16 and 10-19 that are required by such Sections to
9 be paid into the Child Support Enforcement Trust Fund
10 assigned to the Illinois Department under Article X of this
11 Code and rules promulgated by the Illinois Department that
12 are disbursed to the Illinois Department by the State
13 Disbursement Unit established under Section 10-26, and (2)
14 all federal grants received by the Illinois Department funded
15 by Title IV-D of the Social Security Act, except those
16 federal funds received under the Title IV-D program as
17 reimbursement for expenditures from the General Revenue Fund,
18 and (3) incentive payments received by the Illinois
19 Department from other states or political subdivisions of
20 other states for the enforcement and collection by the
21 Department of an assigned child support obligation in behalf
22 of such other states or their political subdivisions pursuant
23 to the provisions of Title IV-D of the Social Security Act,
24 and (4) incentive payments retained by the Illinois
25 Department from the amounts which otherwise would be paid to
26 the Federal government to reimburse the Federal government's
27 share of the support collection for the Department's
28 enforcement and collection of an assigned support obligation
29 on behalf of the State of Illinois pursuant to the provisions
30 of Title IV-D of the Social Security Act, and (5) all fees
31 charged by the Department for child support enforcement
32 services, as authorized under Title IV-D of the Social
33 Security Act and Section 10-1 of this Code, and any other
34 fees, costs, fines, recoveries, or penalties provided for by
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1 State or federal law and received by the Department under the
2 Child Support Enforcement Program established by Title IV-D
3 of the Social Security Act, and (6) all amounts appropriated
4 by the General Assembly for deposit into the Fund, and (7)
5 any gifts, grants, donations, or awards from individuals,
6 private businesses, nonprofit associations, and governmental
7 entities.
8 Disbursements from this Fund shall be only for the
9 following purposes: (1) for the reimbursement of funds
10 received by the Illinois Department through error or mistake,
11 and (2) for payments to non-recipients, current recipients
12 and former recipients of financial aid of support payments
13 received on their behalf under Article X of this Code,
14 pursuant to the provisions of Title IV-D of the Social
15 Security Act and rules promulgated by the Department,
16 (blank), and (3) for payment of any administrative expenses,
17 including payment to the Health Insurance Reserve Fund for
18 group insurance costs at the rate certified by the Department
19 of Central Management Services, except those required to be
20 paid from the General Revenue Fund, including personal and
21 contractual services, incurred in performing the Title IV-D
22 activities authorized by Article X of this Code, and (4) for
23 the reimbursement of the Public Assistance Emergency
24 Revolving Fund for expenditures made from that Fund for
25 payments to former recipients of public aid for child support
26 made to the Illinois Department when the former public aid
27 recipient is legally entitled to all or part of the child
28 support payments, pursuant to the provisions of Title IV-D of
29 the Social Security Act, and (5) for the payment of incentive
30 amounts owed to other states or political subdivisions of
31 other states that enforce and collect an assigned support
32 obligation on behalf of the State of Illinois pursuant to the
33 provisions of Title IV-D of the Social Security Act, and (6)
34 for the payment of incentive amounts owed to political
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1 subdivisions of the State of Illinois that enforce and
2 collect an assigned support obligation on behalf of the State
3 pursuant to the provisions of Title IV-D of the Social
4 Security Act, and (7) for payments of any amounts which are
5 reimbursable to the Federal government which are required to
6 be paid by State warrant by either the State or Federal
7 government. Disbursements from this Fund shall be by warrants
8 drawn by the State Comptroller on receipt of vouchers duly
9 executed and certified by the Illinois Department or any
10 other State agency that receives an appropriation from the
11 Fund.
12 (Source: P.A. 90-18, eff. 7-1-97; 90-587, eff. 6-4-98;
13 91-212, eff. 7-20-99; 91-400, eff. 7-30-99; revised 10-7-99.)
14 (305 ILCS 5/10-10.4 rep.)
15 (305 ILCS 5/10-10.5 rep.)
16 (305 ILCS 5/10-11.2 rep.)
17 Section 21. The Illinois Public Aid Code is amended by
18 repealing Sections 10-10.4, 10-10.5, and 10-11.2.
19 Section 22. The Code of Civil Procedure is amended by
20 changing Section 2-101 as follows:
21 (735 ILCS 5/2-101) (from Ch. 110, par. 2-101)
22 Sec. 2-101. Generally. Except as otherwise provided in
23 this Act, every action must be commenced (1) in the county of
24 residence of any defendant who is joined in good faith and
25 with probable cause for the purpose of obtaining a judgment
26 against him or her and not solely for the purpose of fixing
27 venue in that county, or (2) in the county in which the
28 transaction or some part thereof occurred out of which the
29 cause of action arose.
30 If a check, draft, money order, or other instrument for
31 the payment of child support payable to or delivered to the
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1 State Disbursement Unit established under Section 10-26 of
2 the Illinois Public Aid Code is returned by the bank or
3 depository for any reason, venue for the enforcement of any
4 criminal proceedings or civil cause of action for recovery
5 and attorney fees shall be in the county where the principal
6 office of the State Disbursement Unit is located.
7 If all defendants are nonresidents of the State, an
8 action may be commenced in any county.
9 If the corporate limits of a city, village or town extend
10 into more than one county, then the venue of an action or
11 proceeding instituted by that municipality to enforce any
12 fine, imprisonment, penalty or forfeiture for violation of
13 any ordinance of that municipality, regardless of the county
14 in which the violation was committed or occurred, may be in
15 the appropriate court (i) in the county wherein the office of
16 the clerk of the municipality is located or (ii) in any
17 county in which at least 35% of the territory within the
18 municipality's corporate limits is located.
19 (Source: P.A. 89-28, eff. 1-1-96; 91-212, eff. 7-20-99.)
20 Section 25. The Illinois Marriage and Dissolution of
21 Marriage Act is amended by changing Sections 507, 705, and
22 709 as follows:
23 (750 ILCS 5/507) (from Ch. 40, par. 507)
24 Sec. 507. Payment of maintenance or support to court.
25 (a) In actions instituted under this Act, the court
26 shall order that maintenance and support payments be made to
27 the clerk of court as trustee for remittance to the person
28 entitled to receive the payments. However, the court in its
29 discretion may direct otherwise where circumstances so
30 warrant.
31 Upon notification in writing or by electronic
32 transmission from the Illinois Department of Public Aid to
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1 the clerk of the court that a person who is receiving support
2 payments under this Section is receiving services under the
3 Child Support Enforcement Program established by Title IV-D
4 of the Social Security Act, any support payments subsequently
5 received by the clerk of the court shall be transmitted in
6 accordance with the instructions of the Illinois Department
7 of Public Aid until the Department gives notice to the clerk
8 of the court to cease the transmittal. After providing the
9 notification authorized under this paragraph, the Illinois
10 Department of Public Aid shall be entitled as a party to
11 notice of any further proceedings in the case. The clerk of
12 the court shall file a copy of the Illinois Department of
13 Public Aid's notification in the court file. The failure of
14 the clerk to file a copy of the notification in the court
15 file shall not, however, affect the Illinois Department of
16 Public Aid's right to receive notice of further proceedings.
17 (b) The clerk of court shall maintain records listing
18 the amount of payments, the date payments are required to be
19 made and the names and addresses of the parties affected by
20 the order. For those cases in which support is payable to the
21 clerk of the circuit court for transmittal to the Illinois
22 Department of Public Aid by order of the court or upon
23 notification of the Illinois Department of Public Aid, and
24 the Illinois Department of Public Aid collects support by
25 assignment, offset, withholding, deduction or other process
26 permitted by law, the Illinois Department shall notify the
27 clerk of the date and amount of such collection. Upon
28 notification, the clerk shall record the collection on the
29 payment record for the case.
30 (c) The parties affected by the order shall inform the
31 clerk of court of any change of address or of other condition
32 that may affect the administration of the order.
33 (d) The provisions of this Section shall not apply to
34 cases that come under the provisions of Sections 709 through
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1 712.
2 (e) To the extent the provisions of this Section are
3 inconsistent with the requirements pertaining to the State
4 Disbursement Unit under Section 507.1 of this Act and Section
5 10-26 of the Illinois Public Aid Code, the requirements
6 pertaining to the State Disbursement Unit shall apply.
7 (Source: P.A. 90-18, eff. 7-1-97; 90-673, eff. 1-1-99;
8 90-790, eff. 8-14-98; revised 9-14-98; 91-212, eff. 7-20-99;
9 91-357, eff. 7-29-99.)
10 (750 ILCS 5/705) (from Ch. 40, par. 705)
11 Sec. 705. Support payments; receiving and disbursing
12 agents.
13 (1) The provisions of this Section shall apply, except
14 as provided in Sections 709 through 712.
15 (2) In a dissolution of marriage action filed in a
16 county of less than 3 million population in which an order or
17 judgment for child support is entered, and in supplementary
18 proceedings in any such county to enforce or vary the terms
19 of such order or judgment arising out of an action for
20 dissolution of marriage filed in such county, the court,
21 except as it otherwise orders, under subsection (4) of this
22 Section, may direct that child support payments be made to
23 the clerk of the court.
24 (3) In a dissolution of marriage action filed in any
25 county of 3 million or more population in which an order or
26 judgment for child support is entered, and in supplementary
27 proceedings in any such county to enforce or vary the terms
28 of such order or judgment arising out of an action for
29 dissolution of marriage filed in such county, the court,
30 except as it otherwise orders under subsection (4) of this
31 Section, may direct that child support payments be made
32 either to the clerk of the court or to the Court Service
33 Division of the County Department of Public Aid. After the
-35- LRB9109007WHmg
1 effective date of this Act, the court, except as it otherwise
2 orders under subsection (4) of this Section, may direct that
3 child support payments be made either to the clerk of the
4 court or to the Illinois Department of Public Aid.
5 (4) In a dissolution of marriage action or supplementary
6 proceedings involving maintenance or child support payments,
7 or both, to persons who are recipients of aid under the
8 Illinois Public Aid Code, the court shall direct that such
9 payments be made to (a) the Illinois Department of Public Aid
10 if the persons are recipients under Articles III, IV, or V of
11 the Code, or (b) the local governmental unit responsible for
12 their support if they are recipients under Articles VI or VII
13 of the Code. In accordance with federal law and regulations,
14 the Illinois Department of Public Aid may continue to collect
15 current maintenance payments or child support payments, or
16 both, after those persons cease to receive public assistance
17 and until termination of services under Article X of the
18 Illinois Public Aid Code. The Illinois Department of Public
19 Aid shall pay the net amount collected to those persons after
20 deducting any costs incurred in making the collection or any
21 collection fee from the amount of any recovery made. The
22 order shall permit the Illinois Department of Public Aid or
23 the local governmental unit, as the case may be, to direct
24 that payments be made directly to the former spouse, the
25 children, or both, or to some person or agency in their
26 behalf, upon removal of the former spouse or children from
27 the public aid rolls or upon termination of services under
28 Article X of the Illinois Public Aid Code; and upon such
29 direction, the Illinois Department or local governmental
30 unit, as the case requires, shall give notice of such action
31 to the court in writing or by electronic transmission.
32 (5) All clerks of the court and the Court Service
33 Division of a County Department of Public Aid and, after the
34 effective date of this Act, all clerks of the court and the
-36- LRB9109007WHmg
1 Illinois Department of Public Aid, receiving child support
2 payments under subsections (2) and (3) of this Section shall
3 disburse the payments to the person or persons entitled
4 thereto under the terms of the order or judgment. They shall
5 establish and maintain current records of all moneys received
6 and disbursed and of defaults and delinquencies in required
7 payments. The court, by order or rule, shall make provision
8 for the carrying out of these duties.
9 Upon notification in writing or by electronic
10 transmission from the Illinois Department of Public Aid to
11 the clerk of the court that a person who is receiving support
12 payments under this Section is receiving services under the
13 Child Support Enforcement Program established by Title IV-D
14 of the Social Security Act, any support payments subsequently
15 received by the clerk of the court shall be transmitted in
16 accordance with the instructions of the Illinois Department
17 of Public Aid until the Department gives notice to the clerk
18 of the court to cease the transmittal. After providing the
19 notification authorized under this paragraph, the Illinois
20 Department of Public Aid shall be entitled as a party to
21 notice of any further proceedings in the case. The clerk of
22 the court shall file a copy of the Illinois Department of
23 Public Aid's notification in the court file. The failure of
24 the clerk to file a copy of the notification in the court
25 file shall not, however, affect the Illinois Department of
26 Public Aid's right to receive notice of further proceedings.
27 Payments under this Section to the Illinois Department of
28 Public Aid pursuant to the Child Support Enforcement Program
29 established by Title IV-D of the Social Security Act shall be
30 paid into the Child Support Enforcement Trust Fund. All
31 payments under this Section to the Illinois Department of
32 Human Services shall be deposited in the Department of Human
33 Services Recoveries Trust Fund. Disbursements from these
34 funds shall be as provided in the Illinois Public Aid Code.
-37- LRB9109007WHmg
1 Payments received by a local governmental unit shall be
2 deposited in that unit's General Assistance Fund. Any order
3 of court directing payment of child support to a clerk of
4 court or the Court Service Division of a County Department of
5 Public Aid, which order has been entered on or after August
6 14, 1961, and prior to the effective date of this Act, may be
7 amended by the court in line with this Act; and orders
8 involving payments of maintenance or child support to
9 recipients of public aid may in like manner be amended to
10 conform to this Act.
11 (6) No filing fee or costs will be required in any
12 action brought at the request of the Illinois Department of
13 Public Aid in any proceeding under this Act. However, any
14 such fees or costs may be assessed by the court against the
15 respondent in the court's order of support or any
16 modification thereof in a proceeding under this Act.
17 (7) For those cases in which child support is payable to
18 the clerk of the circuit court for transmittal to the
19 Illinois Department of Public Aid by order of court or upon
20 notification by the Illinois Department of Public Aid, the
21 clerk shall transmit all such payments, within 4 working days
22 of receipt, to insure that funds are available for immediate
23 distribution by the Department to the person or entity
24 entitled thereto in accordance with standards of the Child
25 Support Enforcement Program established under Title IV-D of
26 the Social Security Act. The clerk shall notify the
27 Department of the date of receipt and amount thereof at the
28 time of transmittal. Where the clerk has entered into an
29 agreement of cooperation with the Department to record the
30 terms of child support orders and payments made thereunder
31 directly into the Department's automated data processing
32 system, the clerk shall account for, transmit and otherwise
33 distribute child support payments in accordance with such
34 agreement in lieu of the requirements contained herein.
-38- LRB9109007WHmg
1 In any action filed in a county with a population of
2 1,000,000 or less, the court shall assess against the
3 respondent in any order of maintenance or child support any
4 sum up to $36 annually authorized by ordinance of the county
5 board to be collected by the clerk of the court as costs for
6 administering the collection and disbursement of maintenance
7 and child support payments. Such sum shall be in addition to
8 and separate from amounts ordered to be paid as maintenance
9 or child support.
10 (8) To the extent the provisions of this Section are
11 inconsistent with the requirements pertaining to the State
12 Disbursement Unit under Section 507.1 of this Act and Section
13 10-26 of the Illinois Public Aid Code, the requirements
14 pertaining to the State Disbursement Unit shall apply.
15 (Source: P.A. 90-18, eff. 7-1-97; 90-673, eff. 1-1-99;
16 90-790, eff. 8-14-98; 91-24, eff. 7-1-99; 91-212, eff.
17 7-20-99; 91-357, eff. 7-29-99; revised 8-31-99.)
18 (750 ILCS 5/709) (from Ch. 40, par. 709)
19 Sec. 709. Mandatory child support payments to clerk.
20 (a) As of January 1, 1982, child support orders entered
21 in any county covered by this subsection shall be made
22 pursuant to the provisions of Sections 709 through 712 of
23 this Act. For purposes of these Sections, the term "child
24 support payment" or "payment" shall include any payment
25 ordered to be made solely for the purpose of the support of a
26 child or children or any payment ordered for general support
27 which includes any amount for support of any child or
28 children.
29 The provisions of Sections 709 through 712 shall be
30 applicable to any county with a population of 2 million or
31 more and to any other county which notifies the Supreme Court
32 of its desire to be included within the coverage of these
33 Sections and is certified pursuant to Supreme Court Rules.
-39- LRB9109007WHmg
1 The effective date of inclusion, however, shall be
2 subject to approval of the application for reimbursement of
3 the costs of the support program by the Department of Public
4 Aid as provided in Section 712.
5 (b) In any proceeding for a dissolution of marriage,
6 legal separation, or declaration of invalidity of marriage,
7 or in any supplementary proceedings in which a judgment or
8 modification thereof for the payment of child support is
9 entered on or after January 1, 1982, in any county covered by
10 Sections 709 through 712, and the person entitled to payment
11 is receiving a grant of financial aid under Article IV of the
12 Illinois Public Aid Code or has applied and qualified for
13 support services under Section 10-1 of that Code, the court
14 shall direct: (1) that such payments be made to the clerk of
15 the court and (2) that the parties affected shall each
16 thereafter notify the clerk of any change of address or
17 change in other conditions that may affect the administration
18 of the order, including the fact that a party who was
19 previously not on public aid has become a recipient of public
20 aid, within 10 days of such change. All notices sent to the
21 obligor's last known address on file with the clerk shall be
22 deemed sufficient to proceed with enforcement pursuant to the
23 provisions of Sections 709 through 712.
24 In all other cases, the court may direct that payments be
25 made to the clerk of the court.
26 (c) Except as provided in subsection (d) of this
27 Section, the clerk shall disburse the payments to the person
28 or persons entitled thereto under the terms of the order or
29 judgment.
30 (d) The court shall determine, prior to the entry of the
31 support order, if the party who is to receive the support is
32 presently receiving public aid or has a current application
33 for public aid pending and shall enter the finding on the
34 record.
-40- LRB9109007WHmg
1 If the person entitled to payment is a recipient of aid
2 under the Illinois Public Aid Code, the clerk, upon being
3 informed of this fact by finding of the court, by
4 notification by the party entitled to payment, by the
5 Illinois Department of Public Aid or by the local
6 governmental unit, shall make all payments to: (1) the
7 Illinois Department of Public Aid if the person is a
8 recipient under Article III, IV, or V of the Code or (2) the
9 local governmental unit responsible for his or her support if
10 the person is a recipient under Article VI or VII of the
11 Code. In accordance with federal law and regulations, the
12 Illinois Department of Public Aid may continue to collect
13 current maintenance payments or child support payments, or
14 both, after those persons cease to receive public assistance
15 and until termination of services under Article X of the
16 Illinois Public Aid Code. The Illinois Department of Public
17 Aid shall pay the net amount collected to those persons after
18 deducting any costs incurred in making the collection or any
19 collection fee from the amount of any recovery made. Upon
20 termination of public aid payments to such a recipient or
21 termination of services under Article X of the Illinois
22 Public Aid Code, the Illinois Department of Public Aid or the
23 appropriate local governmental unit shall notify the clerk in
24 writing or by electronic transmission that all subsequent
25 payments are to be sent directly to the person entitled
26 thereto.
27 Upon notification in writing or by electronic
28 transmission from the Illinois Department of Public Aid to
29 the clerk of the court that a person who is receiving support
30 payments under this Section is receiving services under the
31 Child Support Enforcement Program established by Title IV-D
32 of the Social Security Act, any support payments subsequently
33 received by the clerk of the court shall be transmitted in
34 accordance with the instructions of the Illinois Department
-41- LRB9109007WHmg
1 of Public Aid until the Department gives notice to the clerk
2 of the court to cease the transmittal. After providing the
3 notification authorized under this paragraph, the Illinois
4 Department of Public Aid shall be entitled as a party to
5 notice of any further proceedings in the case. The clerk of
6 the court shall file a copy of the Illinois Department of
7 Public Aid's notification in the court file. The failure of
8 the clerk to file a copy of the notification in the court
9 file shall not, however, affect the Illinois Department of
10 Public Aid's right to receive notice of further proceedings.
11 Payments under this Section to the Illinois Department of
12 Public Aid pursuant to the Child Support Enforcement Program
13 established by Title IV-D of the Social Security Act shall be
14 paid into the Child Support Enforcement Trust Fund. All
15 payments under this Section to the Illinois Department of
16 Human Services shall be deposited in the DHS Recoveries Trust
17 Fund. Disbursements from these funds shall be as provided in
18 the Illinois Public Aid Code. Payments received by a local
19 governmental unit shall be deposited in that unit's General
20 Assistance Fund.
21 (e) Any order or judgment may be amended by the court,
22 upon its own motion or upon the motion of either party, to
23 conform with the provisions of Sections 709 through 712,
24 either as to the requirement of making payments to the clerk
25 or, where payments are already being made to the clerk, as to
26 the statutory fees provided for under Section 711.
27 (f) The clerk may invest in any interest bearing account
28 or in any securities, monies collected for the benefit of a
29 payee, where such payee cannot be found; however, the
30 investment may be only for the period until the clerk is able
31 to locate and present the payee with such monies. The clerk
32 may invest in any interest bearing account, or in any
33 securities, monies collected for the benefit of any other
34 payee; however, this does not alter the clerk's obligation to
-42- LRB9109007WHmg
1 make payments to the payee in a timely manner. Any interest
2 or capital gains accrued shall be for the benefit of the
3 county and shall be paid into the special fund established in
4 subsection (b) of Section 711.
5 (g) The clerk shall establish and maintain a payment
6 record of all monies received and disbursed and such record
7 shall constitute prima facie evidence of such payment and
8 non-payment, as the case may be.
9 (h) For those cases in which child support is payable to
10 the clerk of the circuit court for transmittal to the
11 Illinois Department of Public Aid by order of court or upon
12 notification by the Illinois Department of Public Aid, the
13 clerk shall transmit all such payments, within 4 working days
14 of receipt, to insure that funds are available for immediate
15 distribution by the Department to the person or entity
16 entitled thereto in accordance with standards of the Child
17 Support Enforcement Program established under Title IV-D of
18 the Social Security Act. The clerk shall notify the
19 Department of the date of receipt and amount thereof at the
20 time of transmittal. Where the clerk has entered into an
21 agreement of cooperation with the Department to record the
22 terms of child support orders and payments made thereunder
23 directly into the Department's automated data processing
24 system, the clerk shall account for, transmit and otherwise
25 distribute child support payments in accordance with such
26 agreement in lieu of the requirements contained herein.
27 (i) To the extent the provisions of this Section are
28 inconsistent with the requirements pertaining to the State
29 Disbursement Unit under Section 507.1 of this Act and Section
30 10-26 of the Illinois Public Aid Code, the requirements
31 pertaining to the State Disbursement Unit shall apply.
32 (Source: P.A. 91-24, eff. 7-1-99; 91-212, eff. 7-20-99;
33 revised 9-28-99.)
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1 (750 ILCS 5/505.3 rep.)
2 (750 ILCS 5/507.1 rep.)
3 Section 28. The Illinois Marriage and Dissolution of
4 Marriage Act is amended by repealing Sections 505.3 and
5 507.1.
6 Section 30. The Non-Support Punishment Act is amended by
7 changing Section 25 as follows:
8 (750 ILCS 16/25)
9 Sec. 25. Payment of support to State Disbursement Unit;
10 clerk of the court.
11 (a) (Blank). As used in this Section, "order for
12 support", "obligor", "obligee", and "payor" mean those terms
13 as defined in the Income Withholding for Support Act.
14 (b) (Blank). Each order for support entered or modified
15 under Section 20 of this Act shall require that support
16 payments be made to the State Disbursement Unit established
17 under the Illinois Public Aid Code, under the following
18 circumstances:
19 (1) when a party to the order is receiving child
20 and spouse support services under Article X of the
21 Illinois Public Aid Code; or
22 (2) when no party to the order is receiving child
23 and spouse support services, but the support payments are
24 made through income withholding.
25 (c) (Blank). When no party to the order is receiving
26 child and spouse support services, and payments are not being
27 made through income withholding, the court shall order the
28 obligor to make support payments to the clerk of the court.
29 (d) (Blank). In the case of an order for support entered
30 by the court under this Act before a party commenced receipt
31 of child and spouse support services, upon receipt of these
32 services by a party the Illinois Department of Public Aid
-44- LRB9109007WHmg
1 shall provide notice to the obligor to send any support
2 payments he or she makes personally to the State Disbursement
3 Unit until further direction of the Department. The
4 Department shall provide a copy of the notice to the obligee
5 and to the clerk of the court.
6 (e) If a State Disbursement Unit as specified by federal
7 law has not been created in Illinois upon the effective date
8 of this Act, then, until the creation of a State Disbursement
9 Unit as specified by federal law, the following provisions
10 regarding payment and disbursement of support payments shall
11 control and the provisions in subsections (a), (b), (c), and
12 (d) shall be inoperative. Upon the creation of a State
13 Disbursement Unit as specified by federal law, this
14 subsection (e) shall be inoperative and the payment and
15 disbursement provisions of subsections (a), (b), (c), and (d)
16 shall control.
17 (1) In cases in which an order for support is
18 entered under Section 20 of this Act, the court shall
19 order that maintenance and support payments be made to
20 the clerk of the court for remittance to the person or
21 agency entitled to receive the payments. However, the
22 court in its discretion may direct otherwise where
23 exceptional circumstances so warrant.
24 (2) The court shall direct that support payments be
25 sent by the clerk to (i) the Illinois Department of
26 Public Aid if the person in whose behalf payments are
27 made is receiving aid under Articles III, IV, or V of the
28 Illinois Public Aid Code, or child and spouse support
29 services under Article X of the Code, or (ii) to the
30 local governmental unit responsible for the support of
31 the person if he or she is a recipient under Article VI
32 of the Code. In accordance with federal law and
33 regulations, the Illinois Department of Public Aid may
34 continue to collect current maintenance payments or child
-45- LRB9109007WHmg
1 support payments, or both, after those persons cease to
2 receive public assistance and until termination of
3 services under Article X of the Illinois Public Aid Code.
4 The Illinois Department shall pay the net amount
5 collected to those persons after deducting any costs
6 incurred in making the collection or any collection fee
7 from the amount of any recovery made. The order shall
8 permit the Illinois Department of Public Aid or the local
9 governmental unit, as the case may be, to direct that
10 support payments be made directly to the spouse,
11 children, or both, or to some person or agency in their
12 behalf, upon removal of the spouse or children from the
13 public aid rolls or upon termination of services under
14 Article X of the Illinois Public Aid Code; and upon such
15 direction, the Illinois Department or the local
16 governmental unit, as the case requires, shall give
17 notice of such action to the court in writing or by
18 electronic transmission.
19 (3) The clerk of the court shall establish and
20 maintain current records of all moneys received and
21 disbursed and of delinquencies and defaults in required
22 payments. The court, by order or rule, shall make
23 provision for the carrying out of these duties.
24 (4) Upon notification in writing or by electronic
25 transmission from the Illinois Department of Public Aid
26 to the clerk of the court that a person who is receiving
27 support payments under this Section is receiving services
28 under the Child Support Enforcement Program established
29 by Title IV-D of the Social Security Act, any support
30 payments subsequently received by the clerk of the court
31 shall be transmitted in accordance with the instructions
32 of the Illinois Department of Public Aid until the
33 Department gives notice to cease the transmittal. After
34 providing the notification authorized under this
-46- LRB9109007WHmg
1 paragraph, the Illinois Department of Public Aid shall be
2 a party and entitled to notice of any further proceedings
3 in the case. The clerk of the court shall file a copy of
4 the Illinois Department of Public Aid's notification in
5 the court file. The failure of the clerk to file a copy
6 of the notification in the court file shall not, however,
7 affect the Illinois Department of Public Aid's rights as
8 a party or its right to receive notice of further
9 proceedings.
10 (5) Payments under this Section to the Illinois
11 Department of Public Aid pursuant to the Child Support
12 Enforcement Program established by Title IV-D of the
13 Social Security Act shall be paid into the Child Support
14 Enforcement Trust Fund. All other payments under this
15 Section to the Illinois Department of Public Aid shall be
16 deposited in the Public Assistance Recoveries Trust Fund.
17 Disbursements from these funds shall be as provided in
18 the Illinois Public Aid Code. Payments received by a
19 local governmental unit shall be deposited in that unit's
20 General Assistance Fund.
21 (6) For those cases in which child support is
22 payable to the clerk of the circuit court for transmittal
23 to the Illinois Department of Public Aid by order of
24 court or upon notification by the Illinois Department of
25 Public Aid, the clerk shall transmit all such payments,
26 within 4 working days of receipt, to insure that funds
27 are available for immediate distribution by the
28 Department to the person or entity entitled thereto in
29 accordance with standards of the Child Support
30 Enforcement Program established under Title IV-D of the
31 Social Security Act. The clerk shall notify the
32 Department of the date of receipt and amount thereof at
33 the time of transmittal. Where the clerk has entered
34 into an agreement of cooperation with the Department to
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1 record the terms of child support orders and payments
2 made thereunder directly into the Department's automated
3 data processing system, the clerk shall account for,
4 transmit and otherwise distribute child support payments
5 in accordance with such agreement in lieu of the
6 requirements contained herein.
7 (Source: P.A. 91-613, eff. 10-1-99.)
8 Section 35. The Income Withholding for Support Act is
9 amended by changing Sections 15, 20, 35, and 45 as follows:
10 (750 ILCS 28/15)
11 Sec. 15. Definitions.
12 (a) "Order for support" means any order of the court
13 which provides for periodic payment of funds for the support
14 of a child or maintenance of a spouse, whether temporary or
15 final, and includes any such order which provides for:
16 (1) modification or resumption of, or payment of
17 arrearage accrued under, a previously existing order;
18 (2) reimbursement of support;
19 (3) payment or reimbursement of the expenses of
20 pregnancy and delivery (for orders for support entered
21 under the Illinois Parentage Act of 1984 or its
22 predecessor the Paternity Act); or
23 (4) enrollment in a health insurance plan that is
24 available to the obligor through an employer or labor
25 union or trade union.
26 (b) "Arrearage" means the total amount of unpaid support
27 obligations as determined by the court and incorporated into
28 an order for support.
29 (b-5) "Business day" means a day on which State offices
30 are open for regular business.
31 (c) "Delinquency" means any payment under an order for
32 support which becomes due and remains unpaid after entry of
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1 the order for support.
2 (d) "Income" means any form of periodic payment to an
3 individual, regardless of source, including, but not limited
4 to: wages, salary, commission, compensation as an independent
5 contractor, workers' compensation, disability, annuity,
6 pension, and retirement benefits, lottery prize awards,
7 insurance proceeds, vacation pay, bonuses, profit-sharing
8 payments, interest, and any other payments, made by any
9 person, private entity, federal or state government, any unit
10 of local government, school district or any entity created by
11 Public Act; however, "income" excludes:
12 (1) any amounts required by law to be withheld,
13 other than creditor claims, including, but not limited
14 to, federal, State and local taxes, Social Security and
15 other retirement and disability contributions;
16 (2) union dues;
17 (3) any amounts exempted by the federal Consumer
18 Credit Protection Act;
19 (4) public assistance payments; and
20 (5) unemployment insurance benefits except as
21 provided by law.
22 Any other State or local laws which limit or exempt
23 income or the amount or percentage of income that can be
24 withheld shall not apply.
25 (e) "Obligor" means the individual who owes a duty to
26 make payments under an order for support.
27 (f) "Obligee" means the individual to whom a duty of
28 support is owed or the individual's legal representative.
29 (g) "Payor" means any payor of income to an obligor.
30 (h) "Public office" means any elected official or any
31 State or local agency which is or may become responsible by
32 law for enforcement of, or which is or may become authorized
33 to enforce, an order for support, including, but not limited
34 to: the Attorney General, the Illinois Department of Public
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1 Aid, the Illinois Department of Human Services, the Illinois
2 Department of Children and Family Services, and the various
3 State's Attorneys, Clerks of the Circuit Court and
4 supervisors of general assistance.
5 (i) "Premium" means the dollar amount for which the
6 obligor is liable to his employer or labor union or trade
7 union and which must be paid to enroll or maintain a child in
8 a health insurance plan that is available to the obligor
9 through an employer or labor union or trade union.
10 (j) "State Disbursement Unit" means the unit established
11 to collect and disburse support payments in accordance with
12 the provisions of Section 10-26 of the Illinois Public Aid
13 Code.
14 (Source: P.A. 90-673, eff. 1-1-99; incorporates P.A. 90-790,
15 eff. 8-14-98; 91-212, eff. 7-20-99; 91-357, eff. 7-29-99.)
16 (750 ILCS 28/20)
17 Sec. 20. Entry of order for support containing income
18 withholding provisions; income withholding notice.
19 (a) In addition to any content required under other
20 laws, every order for support entered on or after July 1,
21 1997, shall:
22 (1) Require an income withholding notice to be
23 prepared and served immediately upon any payor of the
24 obligor by the obligee or public office, unless a written
25 agreement is reached between and signed by both parties
26 providing for an alternative arrangement, approved and
27 entered into the record by the court, which ensures
28 payment of support. In that case, the order for support
29 shall provide that an income withholding notice is to be
30 prepared and served only if the obligor becomes
31 delinquent in paying the order for support; and
32 (2) Contain a dollar amount to be paid until
33 payment in full of any delinquency that accrues after
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1 entry of the order for support. The amount for payment
2 of delinquency shall not be less than 20% of the total of
3 the current support amount and the amount to be paid
4 periodically for payment of any arrearage stated in the
5 order for support; and
6 (3) Include the obligor's Social Security Number,
7 which the obligor shall disclose to the court. If the
8 obligor is not a United States citizen, the obligor shall
9 disclose to the court, and the court shall include in the
10 order for support, the obligor's alien registration
11 number, passport number, and home country's social
12 security or national health number, if applicable.
13 (b) At the time the order for support is entered, the
14 Clerk of the Circuit Court shall provide a copy of the order
15 to the obligor and shall make copies available to the obligee
16 and public office.
17 (c) The income withholding notice shall:
18 (1) be in the standard format prescribed by the
19 federal Department of Health and Human Services; and
20 (1.1) state the date of entry of the order for
21 support upon which the income withholding notice is
22 based; and
23 (2) direct any payor to withhold the dollar amount
24 required for current support under the order for support;
25 and
26 (3) direct any payor to withhold the dollar amount
27 required to be paid periodically under the order for
28 support for payment of the amount of any arrearage stated
29 in the order for support; and
30 (4) direct any payor or labor union or trade union
31 to enroll a child as a beneficiary of a health insurance
32 plan and withhold or cause to be withheld, if applicable,
33 any required premiums; and
34 (5) state the amount of the payor income
-51- LRB9109007WHmg
1 withholding fee specified under this Section; and
2 (6) state that the amount actually withheld from
3 the obligor's income for support and other purposes,
4 including the payor withholding fee specified under this
5 Section, may not be in excess of the maximum amount
6 permitted under the federal Consumer Credit Protection
7 Act; and
8 (7) state the duties of the payor and the fines and
9 penalties for failure to withhold and pay over income and
10 for discharging, disciplining, refusing to hire, or
11 otherwise penalizing the obligor because of the duty to
12 withhold and pay over income under this Section; and
13 (8) state the rights, remedies, and duties of the
14 obligor under this Section; and
15 (9) include the obligor's Social Security Numbers
16 of the obligor, the obligee, and the child or children
17 included in the order for support Number; and
18 (10) include the date that withholding for current
19 support terminates, which shall be the date of
20 termination of the current support obligation set forth
21 in the order for support; and
22 (11) contain the signature of the obligee or the
23 printed name and telephone number of the authorized
24 representative of the public office, except that the
25 failure to contain the signature of the obligee or the
26 printed name and telephone number of the authorized
27 representative of the public office shall not affect the
28 validity of the income withholding notice; and
29 (12) direct any payor to pay over amounts withheld
30 for payment of support to the State Disbursement Unit.
31 (d) The accrual of a delinquency as a condition for
32 service of an income withholding notice, under the exception
33 to immediate withholding in subsection (a) of this Section,
34 shall apply only to the initial service of an income
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1 withholding notice on a payor of the obligor.
2 (e) Notwithstanding the exception to immediate
3 withholding contained in subsection (a) of this Section, if
4 the court finds at the time of any hearing that an arrearage
5 has accrued, the court shall order immediate service of an
6 income withholding notice upon the payor.
7 (f) If the order for support, under the exception to
8 immediate withholding contained in subsection (a) of this
9 Section, provides that an income withholding notice is to be
10 prepared and served only if the obligor becomes delinquent in
11 paying the order for support, the obligor may execute a
12 written waiver of that condition and request immediate
13 service on the payor.
14 (g) The obligee or public office may serve the income
15 withholding notice on the payor or its superintendent,
16 manager, or other agent by ordinary mail or certified mail
17 return receipt requested, by facsimile transmission or other
18 electronic means, by personal delivery, or by any method
19 provided by law for service of a summons. At the time of
20 service on the payor and as notice that withholding has
21 commenced, the obligee or public office shall serve a copy of
22 the income withholding notice on the obligor by ordinary mail
23 addressed to his or her last known address. A copy of the
24 income withholding notice together with proofs of service on
25 the payor and the obligor shall be filed with the Clerk of
26 the Circuit Court.
27 (h) At any time after the initial service of an income
28 withholding notice, any other payor of the obligor may be
29 served with the same income withholding notice without
30 further notice to the obligor. A copy of the income
31 withholding notice together with a proof of service on the
32 other payor shall be filed with the Clerk of the Circuit
33 Court.
34 (i) New service of an income withholding notice is not
-53- LRB9109007WHmg
1 required in order to resume withholding of income in the case
2 of an obligor with respect to whom an income withholding
3 notice was previously served on the payor if withholding of
4 income was terminated because of an interruption in the
5 obligor's employment of less than 180 days.
6 (Source: P.A. 90-673, eff. 1-1-99; incorporates P.A. 90-790,
7 eff. 8-14-98; revised 9-14-98; 91-212, eff. 7-20-99; 91-357,
8 eff. 7-29-99.)
9 (750 ILCS 28/35)
10 Sec. 35. Duties of payor.
11 (a) It shall be the duty of any payor who has been
12 served with an income withholding notice to deduct and pay
13 over income as provided in this Section. The payor shall
14 deduct the amount designated in the income withholding
15 notice, as supplemented by any notice provided pursuant to
16 subsection (f) of Section 45, beginning no later than the
17 next payment of income which is payable or creditable to the
18 obligor that occurs 14 days following the date the income
19 withholding notice was mailed, sent by facsimile or other
20 electronic means, or placed for personal delivery to or
21 service on the payor. The payor may combine all amounts
22 withheld for the benefit of an obligee or public office into
23 a single payment and transmit the payment with a listing of
24 obligors from whom withholding has been effected. The payor
25 shall pay the amount withheld to the State Disbursement Unit
26 obligee or public office within 7 business days after the
27 date the amount would (but for the duty to withhold income)
28 have been paid or credited to the obligor. If the payor
29 knowingly fails to pay any amount withheld to the State
30 Disbursement Unit obligee or public office within 7 business
31 days after the date the amount would have been paid or
32 credited to the obligor, the payor shall pay a penalty of
33 $100 for each day that the withheld amount is not paid to the
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1 State Disbursement Unit obligee or public office after the
2 period of 7 business days has expired. The failure of a
3 payor, on more than one occasion, to pay amounts withheld to
4 the State Disbursement Unit obligee or public office within 7
5 business days after the date the amount would have been paid
6 or credited to the obligor creates a presumption that the
7 payor knowingly failed to pay over the amounts. This penalty
8 may be collected in a civil action which may be brought
9 against the payor in favor of the obligee or public office. A
10 finding of a payor's nonperformance within the time required
11 under this Act must be documented by a certified mail return
12 receipt showing the date the income withholding notice was
13 served on the payor. For purposes of this Act, a withheld
14 amount shall be considered paid by a payor on the date it is
15 mailed by the payor, or on the date an electronic funds
16 transfer of the amount has been initiated by the payor, or on
17 the date delivery of the amount has been initiated by the
18 payor. For each deduction, the payor shall provide the State
19 Disbursement Unit obligee or public office, at the time of
20 transmittal, with the date the amount would (but for the duty
21 to withhold income) have been paid or credited to the
22 obligor.
23 Upon receipt of an income withholding notice requiring
24 that a minor child be named as a beneficiary of a health
25 insurance plan available through an employer or labor union
26 or trade union, the employer or labor union or trade union
27 shall immediately enroll the minor child as a beneficiary in
28 the health insurance plan designated by the income
29 withholding notice. The employer shall withhold any required
30 premiums and pay over any amounts so withheld and any
31 additional amounts the employer pays to the insurance carrier
32 in a timely manner. The employer or labor union or trade
33 union shall mail to the obligee, within 15 days of enrollment
34 or upon request, notice of the date of coverage, information
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1 on the dependent coverage plan, and all forms necessary to
2 obtain reimbursement for covered health expenses, such as
3 would be made available to a new employee. When an order for
4 dependent coverage is in effect and the insurance coverage is
5 terminated or changed for any reason, the employer or labor
6 union or trade union shall notify the obligee within 10 days
7 of the termination or change date along with notice of
8 conversion privileges.
9 For withholding of income, the payor shall be entitled to
10 receive a fee not to exceed $5 per month to be taken from the
11 income to be paid to the obligor.
12 (b) Whenever the obligor is no longer receiving income
13 from the payor, the payor shall return a copy of the income
14 withholding notice to the obligee or public office and shall
15 provide information for the purpose of enforcing this Act.
16 (c) Withholding of income under this Act shall be made
17 without regard to any prior or subsequent garnishments,
18 attachments, wage assignments, or any other claims of
19 creditors. Withholding of income under this Act shall not be
20 in excess of the maximum amounts permitted under the federal
21 Consumer Credit Protection Act. If the payor has been served
22 with more than one income withholding notice pertaining to
23 the same obligor, the payor shall allocate income available
24 for withholding on a proportionate share basis, giving
25 priority to current support payments. If there is any income
26 available for withholding after withholding for all current
27 support obligations, the payor shall allocate the income to
28 past due support payments ordered in cases in which cash
29 assistance under the Illinois Public Aid Code is not being
30 provided to the obligee and then to past due support payments
31 ordered in cases in which cash assistance under the Illinois
32 Public Aid Code is being provided to the obligee, both on a
33 proportionate share basis. A payor who complies with an
34 income withholding notice that is regular on its face shall
-56- LRB9109007WHmg
1 not be subject to civil liability with respect to any
2 individual, any agency, or any creditor of the obligor for
3 conduct in compliance with the notice.
4 (d) No payor shall discharge, discipline, refuse to hire
5 or otherwise penalize any obligor because of the duty to
6 withhold income.
7 (Source: P.A. 90-673, eff. 1-1-99; 91-212, eff. 7-20-99.)
8 (750 ILCS 28/45)
9 Sec. 45. Additional duties.
10 (a) An obligee who is receiving income withholding
11 payments under this Act shall notify the State Disbursement
12 Unit and payor, if the obligee receives the payments directly
13 from the payor, or the public office or the Clerk of the
14 Circuit Court, as appropriate, of any change of address
15 within 7 days of such change.
16 (b) An obligee who is a recipient of public aid shall
17 send a copy of any income withholding notice served by the
18 obligee to the Division of Child Support Enforcement of the
19 Illinois Department of Public Aid.
20 (c) Each obligor shall notify the obligee, the public
21 office, and the Clerk of the Circuit Court of any change of
22 address within 7 days.
23 (d) An obligor whose income is being withheld pursuant
24 to this Act shall notify the obligee, the public office, and
25 the Clerk of the Circuit Court of any new payor, within 7
26 days.
27 (e) (Blank.) When the Illinois Department of Public Aid
28 is no longer authorized to receive payments for the obligee,
29 it shall, within 7 days, notify the payor or, where
30 appropriate, the Clerk of the Circuit Court, to redirect
31 income withholding payments to the obligee.
32 (f) The obligee or public office shall provide notice to
33 the payor and Clerk of the Circuit Court of any other support
-57- LRB9109007WHmg
1 payment made, including but not limited to, a set-off under
2 federal and State law or partial payment of the delinquency
3 or arrearage, or both.
4 (g) The State Disbursement Unit Any public office and
5 Clerk of the Circuit Court which collects, disburses or
6 receives payments pursuant to income withholding notices
7 shall maintain complete, accurate, and clear records of all
8 income withholding payments and their disbursements.
9 Certified copies of payment records maintained by the State
10 Disbursement Unit, a public office, or the Clerk of the
11 Circuit Court shall, without further proof, be admitted into
12 evidence in any legal proceedings under this Act.
13 (h) The Illinois Department of Public Aid shall design
14 suggested legal forms for proceeding under this Act and shall
15 make available to the courts such forms and informational
16 materials which describe the procedures and remedies set
17 forth herein for distribution to all parties in support
18 actions.
19 (i) At the time of transmitting each support payment,
20 the State Disbursement Unit Clerk of the Circuit Court shall
21 provide the obligee or public office, as appropriate, with
22 any information furnished by the payor as to the date the
23 amount would (but for the duty to withhold income) have been
24 paid or credited to the obligor.
25 (Source: P.A. 90-673, eff. 1-1-99; incorporates P.A. 90-790,
26 eff. 8-14-98; revised 9-14-98; 91-212, eff. 7-20-99; 91-357,
27 eff. 7-29-99.)
28 Section 40. The Illinois Parentage Act of 1984 is
29 amended by changing Section 21 as follows:
30 (750 ILCS 45/21) (from Ch. 40, par. 2521)
31 Sec. 21. Support payments; receiving and disbursing
32 agents.
-58- LRB9109007WHmg
1 (1) In an action filed in a county of less than 3
2 million population in which an order for child support is
3 entered, and in supplementary proceedings in such a county to
4 enforce or vary the terms of such order arising out of an
5 action filed in such a county, the court, except in actions
6 or supplementary proceedings in which the pregnancy and
7 delivery expenses of the mother or the child support payments
8 are for a recipient of aid under the Illinois Public Aid
9 Code, shall direct that child support payments be made to the
10 clerk of the court unless in the discretion of the court
11 exceptional circumstances warrant otherwise. In cases where
12 payment is to be made to persons other than the clerk of the
13 court the judgment or order of support shall set forth the
14 facts of the exceptional circumstances.
15 (2) In an action filed in a county of 3 million or more
16 population in which an order for child support is entered,
17 and in supplementary proceedings in such a county to enforce
18 or vary the terms of such order arising out of an action
19 filed in such a county, the court, except in actions or
20 supplementary proceedings in which the pregnancy and delivery
21 expenses of the mother or the child support payments are for
22 a recipient of aid under the Illinois Public Aid Code, shall
23 direct that child support payments be made either to the
24 clerk of the court or to the Court Service Division of the
25 County Department of Public Aid, or to the clerk of the court
26 or to the Illinois Department of Public Aid, unless in the
27 discretion of the court exceptional circumstances warrant
28 otherwise. In cases where payment is to be made to persons
29 other than the clerk of the court, the Court Service Division
30 of the County Department of Public Aid, or the Illinois
31 Department of Public Aid, the judgment or order of support
32 shall set forth the facts of the exceptional circumstances.
33 (3) Where the action or supplementary proceeding is in
34 behalf of a mother for pregnancy and delivery expenses or for
-59- LRB9109007WHmg
1 child support, or both, and the mother, child, or both, are
2 recipients of aid under the Illinois Public Aid Code, the
3 court shall order that the payments be made directly to (a)
4 the Illinois Department of Public Aid if the mother or child,
5 or both, are recipients under Articles IV or V of the Code,
6 or (b) the local governmental unit responsible for the
7 support of the mother or child, or both, if they are
8 recipients under Articles VI or VII of the Code. In
9 accordance with federal law and regulations, the Illinois
10 Department of Public Aid may continue to collect current
11 maintenance payments or child support payments, or both,
12 after those persons cease to receive public assistance and
13 until termination of services under Article X of the Illinois
14 Public Aid Code. The Illinois Department of Public Aid shall
15 pay the net amount collected to those persons after deducting
16 any costs incurred in making the collection or any collection
17 fee from the amount of any recovery made. The Illinois
18 Department of Public Aid or the local governmental unit, as
19 the case may be, may direct that payments be made directly to
20 the mother of the child, or to some other person or agency in
21 the child's behalf, upon the removal of the mother and child
22 from the public aid rolls or upon termination of services
23 under Article X of the Illinois Public Aid Code; and upon
24 such direction, the Illinois Department or the local
25 governmental unit, as the case requires, shall give notice of
26 such action to the court in writing or by electronic
27 transmission.
28 (4) All clerks of the court and the Court Service
29 Division of a County Department of Public Aid and the
30 Illinois Department of Public Aid, receiving child support
31 payments under paragraphs (1) or (2) shall disburse the same
32 to the person or persons entitled thereto under the terms of
33 the order. They shall establish and maintain clear and
34 current records of all moneys received and disbursed and of
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1 defaults and delinquencies in required payments. The court,
2 by order or rule, shall make provision for the carrying out
3 of these duties.
4 Upon notification in writing or by electronic
5 transmission from the Illinois Department of Public Aid to
6 the clerk of the court that a person who is receiving support
7 payments under this Section is receiving services under the
8 Child Support Enforcement Program established by Title IV-D
9 of the Social Security Act, any support payments subsequently
10 received by the clerk of the court shall be transmitted in
11 accordance with the instructions of the Illinois Department
12 of Public Aid until the Department gives notice to cease the
13 transmittal. After providing the notification authorized
14 under this paragraph, the Illinois Department of Public Aid
15 shall be entitled as a party to notice of any further
16 proceedings in the case. The clerk of the court shall file a
17 copy of the Illinois Department of Public Aid's notification
18 in the court file. The failure of the clerk to file a copy
19 of the notification in the court file shall not, however,
20 affect the Illinois Department of Public Aid's right to
21 receive notice of further proceedings.
22 Payments under this Section to the Illinois Department of
23 Public Aid pursuant to the Child Support Enforcement Program
24 established by Title IV-D of the Social Security Act shall be
25 paid into the Child Support Enforcement Trust Fund. All
26 other payments under this Section to the Illinois Department
27 of Public Aid shall be deposited in the Public Assistance
28 Recoveries Trust Fund. Disbursement from these funds shall
29 be as provided in the Illinois Public Aid Code. Payments
30 received by a local governmental unit shall be deposited in
31 that unit's General Assistance Fund.
32 (5) The moneys received by persons or agencies
33 designated by the court shall be disbursed by them in
34 accordance with the order. However, the court, on petition
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1 of the state's attorney, may enter new orders designating the
2 clerk of the court or the Illinois Department of Public Aid,
3 as the person or agency authorized to receive and disburse
4 child support payments and, in the case of recipients of
5 public aid, the court, on petition of the Attorney General or
6 State's Attorney, shall direct subsequent payments to be paid
7 to the Illinois Department of Public Aid or to the
8 appropriate local governmental unit, as provided in paragraph
9 (3). Payments of child support by principals or sureties on
10 bonds, or proceeds of any sale for the enforcement of a
11 judgment shall be made to the clerk of the court, the
12 Illinois Department of Public Aid or the appropriate local
13 governmental unit, as the respective provisions of this
14 Section require.
15 (6) For those cases in which child support is payable to
16 the clerk of the circuit court for transmittal to the
17 Illinois Department of Public Aid by order of court or upon
18 notification by the Illinois Department of Public Aid, the
19 clerk shall transmit all such payments, within 4 working days
20 of receipt, to insure that funds are available for immediate
21 distribution by the Department to the person or entity
22 entitled thereto in accordance with standards of the Child
23 Support Enforcement Program established under Title IV-D of
24 the Social Security Act. The clerk shall notify the
25 Department of the date of receipt and amount thereof at the
26 time of transmittal. Where the clerk has entered into an
27 agreement of cooperation with the Department to record the
28 terms of child support orders and payments made thereunder
29 directly into the Department's automated data processing
30 system, the clerk shall account for, transmit and otherwise
31 distribute child support payments in accordance with such
32 agreement in lieu of the requirements contained herein.
33 (7) To the extent the provisions of this Section are
34 inconsistent with the requirements pertaining to the State
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1 Disbursement Unit under Section 21.1 of this Act and Section
2 10-26 of the Illinois Public Aid Code, the requirements
3 pertaining to the State Disbursement Unit shall apply.
4 (Source: P.A. 90-18, eff. 7-1-97; 90-673, eff. 1-1-99;
5 90-790, eff. 8-14-98; 91-212, eff. 7-20-99; 91-357, eff.
6 7-29-99.)
7 (750 ILCS 45/14.1 rep.)
8 (750 ILCS 45/21.1 rep.)
9 Section 43. The Illinois Parentage Act of 1984 is
10 amended by repealing Sections 14.1 and 21.1.
11 Section 45. The Unemployment Insurance Act is amended by
12 changing Section 1300 as follows:
13 (820 ILCS 405/1300) (from Ch. 48, par. 540)
14 Sec. 1300. Waiver or transfer of benefit rights -
15 Partial exemption.
16 (A) Except as otherwise provided herein any agreement by
17 an individual to waive, release or commute his rights under
18 this Act shall be void.
19 (B) Benefits due under this Act shall not be assigned,
20 pledged, encumbered, released or commuted and shall be exempt
21 from all claims of creditors and from levy, execution and
22 attachment or other remedy for recovery or collection of a
23 debt. However, nothing in this Section shall prohibit a
24 specified or agreed upon deduction from benefits by an
25 individual, or a court or administrative order for
26 withholding of income, for payment of past due child support
27 from being enforced and collected by the Department of Public
28 Aid on behalf of persons receiving a grant of financial aid
29 under Article IV of The Illinois Public Aid Code, persons for
30 whom an application has been made and approved for support
31 services under Section 10-1 of such Code, or persons
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1 similarly situated and receiving like support services in
2 other states. It is provided that:
3 (1) The aforementioned deduction of benefits and
4 order for withholding of income apply only if appropriate
5 arrangements have been made for reimbursement to the
6 Director by the Department of Public Aid for any
7 administrative costs incurred by the Director under this
8 Section.
9 (2) The Director shall deduct and withhold from
10 benefits payable under this Act, or under any arrangement
11 for the payment of benefits entered into by the Director
12 pursuant to the powers granted under Section 2700 of this
13 Act, the amount specified or agreed upon. In the case of
14 a court or administrative order for withholding of
15 income, the Director shall withhold the amount of the
16 order.
17 (3) Any amount deducted and withheld by the
18 Director shall be paid to the State Disbursement Unit
19 established under Section 10-26 of the Illinois Public
20 Aid Code Department of Public Aid on behalf of the
21 individual.
22 (4) Any amount deducted and withheld under
23 subsection (3) shall for all purposes be treated as if it
24 were paid to the individual as benefits and paid by such
25 individual to the State Disbursement Unit Department of
26 Public Aid in satisfaction of the individual's child
27 support obligations.
28 (5) For the purpose of this Section, child support
29 is defined as those obligations which are being enforced
30 pursuant to a plan described in Title IV, Part D, Section
31 454 of the Social Security Act and approved by the
32 Secretary of Health and Human Services.
33 (6) The deduction of benefits and order for
34 withholding of income for child support shall be governed
-64- LRB9109007WHmg
1 by Titles III and IV of the Social Security Act and all
2 regulations duly promulgated thereunder.
3 (C) Nothing in this Section prohibits an individual from
4 voluntarily electing to have federal income tax deducted and
5 withheld from his or her unemployment insurance benefit
6 payments.
7 (1) The Director shall, at the time that an
8 individual files his or her claim for benefits that
9 establishes his or her benefit year, inform the
10 individual that:
11 (a) unemployment insurance is subject to
12 federal, State, and local income taxes;
13 (b) requirements exist pertaining to estimated
14 tax payments;
15 (c) the individual may elect to have federal
16 income tax deducted and withheld from his or her
17 payments of unemployment insurance in the amount
18 specified in the federal Internal Revenue Code; and
19 (d) the individual is permitted to change a
20 previously elected withholding status.
21 (2) Amounts deducted and withheld from unemployment
22 insurance shall remain in the unemployment fund until
23 transferred to the federal taxing authority as a payment
24 of income tax.
25 (3) The Director shall follow all procedures
26 specified by the United States Department of Labor and
27 the federal Internal Revenue Service pertaining to the
28 deducting and withholding of income tax.
29 (4) Amounts shall be deducted and withheld in
30 accordance with the priorities established in rules
31 promulgated by the Director.
32 (D) Nothing in this Section prohibits an individual from
33 voluntarily electing to have State of Illinois income tax
34 deducted and withheld from his or her unemployment insurance
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1 benefit payments if such deduction and withholding is
2 provided for pursuant to rules promulgated by the Director.
3 (1) If pursuant to rules promulgated by the
4 Director, an individual may voluntarily elect to have
5 State of Illinois income tax deducted and withheld from
6 his or her unemployment insurance benefit payments, the
7 Director shall, at the time that an individual files his
8 or her claim for benefits that establishes his or her
9 benefit year, in addition to providing the notice
10 required under subsection C, inform the individual that:
11 (a) the individual may elect to have State of
12 Illinois income tax deducted and withheld from his
13 or her payments of unemployment insurance in the
14 amount specified pursuant to rules promulgated by
15 the Director; and
16 (b) the individual is permitted to change a
17 previously elected withholding status.
18 (2) Amounts deducted and withheld from unemployment
19 insurance shall remain in the unemployment fund until
20 transferred to the Department of Revenue as a payment of
21 State of Illinois income tax.
22 (3) Amounts shall be deducted and withheld in
23 accordance with the priorities established in rules
24 promulgated by the Director.
25 (E) Nothing in this Section prohibits the deduction and
26 withholding of an uncollected overissuance of food stamp
27 coupons from unemployment insurance benefits pursuant to this
28 subsection (E).
29 (1) At the time that an individual files a claim
30 for benefits that establishes his or her benefit year,
31 that individual must disclose whether or not he or she
32 owes an uncollected overissuance (as defined in Section
33 13(c)(1) of the federal Food Stamp Act of 1977) of food
34 stamp coupons. The Director shall notify the State food
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1 stamp agency enforcing such obligation of any individual
2 who discloses that he or she owes an uncollected
3 overissuance of food stamp coupons and who meets the
4 monetary eligibility requirements of subsection E of
5 Section 500.
6 (2) The Director shall deduct and withhold from any
7 unemployment insurance benefits payable to an individual
8 who owes an uncollected overissuance of food stamp
9 coupons:
10 (a) the amount specified by the individual to
11 the Director to be deducted and withheld under this
12 subsection (E);
13 (b) the amount (if any) determined pursuant to
14 an agreement submitted to the State food stamp
15 agency under Section 13(c)(3)(A) of the federal Food
16 Stamp Act of 1977; or
17 (c) any amount otherwise required to be
18 deducted and withheld from unemployment insurance
19 benefits pursuant to Section 13(c)(3)(B) of the
20 federal Food Stamp Act of 1977.
21 (3) Any amount deducted and withheld pursuant to
22 this subsection (E) shall be paid by the Director to the
23 State food stamp agency.
24 (4) Any amount deducted and withheld pursuant to
25 this subsection (E) shall for all purposes be treated as
26 if it were paid to the individual as unemployment
27 insurance benefits and paid by the individual to the
28 State food stamp agency as repayment of the individual's
29 uncollected overissuance of food stamp coupons.
30 (5) For purposes of this subsection (E),
31 "unemployment insurance benefits" means any compensation
32 payable under this Act including amounts payable by the
33 Director pursuant to an agreement under any federal law
34 providing for compensation, assistance, or allowances
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1 with respect to unemployment.
2 (6) This subsection (E) applies only if
3 arrangements have been made for reimbursement by the
4 State food stamp agency for the administrative costs
5 incurred by the Director under this subsection (E) which
6 are attributable to the repayment of uncollected
7 overissuances of food stamp coupons to the State food
8 stamp agency.
9 (Source: P.A. 89-446, eff. 1-1-97; 90-425, eff. 8-15-97;
10 90-554, eff. 12-12-97; 91-212, eff. 7-20-99.)
11 Section 99. Effective date. This Section and the
12 provisions adding Section 10-26.1 to the Illinois Public Aid
13 Code take effect upon becoming law.
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1 INDEX
2 Statutes amended in order of appearance
3 SEE INDEX
4 15 ILCS 405/10.05a from Ch. 15, par. 210.05a
5 20 ILCS 2505/2505-650 was 20 ILCS 2505/39b52
6 35 ILCS 5/901 from Ch. 120, par. 9-901
7 305 ILCS 5/10-8 from Ch. 23, par. 10-8
8 305 ILCS 5/10-10 from Ch. 23, par. 10-10
9 305 ILCS 5/10-10.3 from Ch. 23, par. 10-10.3
10 305 ILCS 5/10-11 from Ch. 23, par. 10-11
11 305 ILCS 5/10-15 from Ch. 23, par. 10-15
12 305 ILCS 5/10-16 from Ch. 23, par. 10-16
13 305 ILCS 5/10-17.9
14 305 ILCS 5/10-19 from Ch. 23, par. 10-19
15 305 ILCS 5/10-26
16 305 ILCS 5/10-26.1 new
17 305 ILCS 5/12-9 from Ch. 23, par. 12-9
18 305 ILCS 5/12-10.2 from Ch. 23, par. 12-10.2
19 305 ILCS 5/10-10.4 rep.
20 305 ILCS 5/10-10.5 rep.
21 305 ILCS 5/10-11.2 rep.
22 735 ILCS 5/2-101 from Ch. 110, par. 2-101
23 750 ILCS 5/507 from Ch. 40, par. 507
24 750 ILCS 5/705 from Ch. 40, par. 705
25 750 ILCS 5/709 from Ch. 40, par. 709
26 750 ILCS 5/505.3 rep.
27 750 ILCS 5/507.1 rep.
28 750 ILCS 16/25
29 750 ILCS 28/15
30 750 ILCS 28/20
31 750 ILCS 28/35
32 750 ILCS 28/45
33 750 ILCS 45/21 from Ch. 40, par. 2521
34 750 ILCS 45/14.1 rep.
-69- LRB9109007WHmg
1 750 ILCS 45/21.1 rep.
2 820 ILCS 405/1300 from Ch. 48, par. 540