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91_HB3800
LRB9112420WHcs
1 AN ACT to amend the Illinois Marriage and Dissolution of
2 Marriage Act by changing Section 507.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Marriage and Dissolution of
6 Marriage Act is amended by changing Section 507 as follows:
7 (750 ILCS 5/507) (from Ch. 40, par. 507)
8 Sec. 507. Payment of maintenance or support to court.
9 (a) In actions instituted under this Act, the court
10 shall order that maintenance and support payments be made to
11 the clerk of the circuit court as trustee for remittance to
12 the person entitled to receive the payments. However, the
13 court in its discretion may direct otherwise where
14 circumstances so warrant.
15 Upon notification in writing or by electronic
16 transmission from the Illinois Department of Public Aid to
17 the clerk of the court that a person who is receiving support
18 payments under this Section is receiving services under the
19 Child Support Enforcement Program established by Title IV-D
20 of the Social Security Act, any support payments subsequently
21 received by the clerk of the court shall be transmitted in
22 accordance with the instructions of the Illinois Department
23 of Public Aid until the Department gives notice to the clerk
24 of the court to cease the transmittal. After providing the
25 notification authorized under this paragraph, the Illinois
26 Department of Public Aid shall be entitled as a party to
27 notice of any further proceedings in the case. The clerk of
28 the court shall file a copy of the Illinois Department of
29 Public Aid's notification in the court file. The failure of
30 the clerk to file a copy of the notification in the court
31 file shall not, however, affect the Illinois Department of
-2- LRB9112420WHcs
1 Public Aid's right to receive notice of further proceedings.
2 (b) The clerk of court shall maintain records listing
3 the amount of payments, the date payments are required to be
4 made and the names and addresses of the parties affected by
5 the order. For those cases in which support is payable to the
6 clerk of the circuit court for transmittal to the Illinois
7 Department of Public Aid by order of the court or upon
8 notification of the Illinois Department of Public Aid, and
9 the Illinois Department of Public Aid collects support by
10 assignment, offset, withholding, deduction or other process
11 permitted by law, the Illinois Department shall notify the
12 clerk of the date and amount of such collection. Upon
13 notification, the clerk shall record the collection on the
14 payment record for the case.
15 (c) The parties affected by the order shall inform the
16 clerk of court of any change of address or of other condition
17 that may affect the administration of the order.
18 (d) The provisions of this Section shall not apply to
19 cases that come under the provisions of Sections 709 through
20 712.
21 (e) To the extent the provisions of this Section are
22 inconsistent with the requirements pertaining to the State
23 Disbursement Unit under Section 507.1 of this Act and Section
24 10-26 of the Illinois Public Aid Code, the requirements
25 pertaining to the State Disbursement Unit shall apply.
26 (Source: P.A. 90-18, eff. 7-1-97; 90-673, eff. 1-1-99;
27 90-790, eff. 8-14-98; 91-212, eff. 7-20-99; 91-357, eff.
28 7-29-99.)