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91_SB0019ham001
LRB9100065SMdvam01
1 AMENDMENT TO SENATE BILL 19
2 AMENDMENT NO. . Amend Senate Bill 19 by replacing
3 the title with the following:
4 "AN ACT regarding child support enforcement."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 1. Short title. This Act may be cited as the
8 Non-Support Punishment Act.
9 Section 5. Prosecutions by State's Attorneys. A
10 proceeding for enforcement of this Act may be instituted and
11 prosecuted by the several State's Attorneys only upon the
12 filing of a verified complaint by the person or persons
13 receiving child or spousal support.
14 Section 7. Prosecutions by Attorney General. In
15 addition to enforcement proceedings by the several State's
16 Attorneys, a proceeding for the enforcement of this Act may
17 be instituted and prosecuted by the Attorney General in
18 cases referred by the Illinois Department of Public Aid
19 involving persons receiving child and spouse support services
20 under Article X of the Illinois Public Aid Code. Before
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1 referring a case to the Attorney General for enforcement
2 under this Act, the Department of Public Aid shall notify the
3 person receiving child and spouse support services under
4 Article X of the Illinois Public Aid Code of the Department's
5 intent to refer the case to the Attorney General under this
6 Section for prosecution.
7 Section 10. Proceedings. Proceedings under this Act may
8 be by indictment or information. No proceeding may be brought
9 under Section 15 against a person whose court or
10 administrative order for support was entered by default,
11 unless the indictment or information specifically alleges
12 that the person has knowledge of the existence of the order
13 for support and that the person has the ability to pay the
14 support.
15 Section 15. Failure to support.
16 (a) A person commits the offense of failure to support
17 when he or she:
18 (1) without any lawful excuse, neglects or refuses
19 to provide for the support or maintenance of his or her
20 spouse, with the knowledge that the spouse is in need of
21 such support or maintenance, or, without lawful excuse,
22 deserts or neglects or refuses to provide for the support
23 or maintenance of his or her child or children under the
24 age of 18 years, in need of support or maintenance and
25 the person has the ability to provide the support; or
26 (2) willfully fails to pay a support obligation
27 required under a court or administrative order for
28 support, if the obligation has remained unpaid for a
29 period longer than 6 months, or is in arrears in an
30 amount greater than $5,000, and the person has the
31 ability to provide the support; or
32 (3) leaves the State with the intent to evade a
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1 support obligation required under a court or
2 administrative order for support, if the obligation,
3 regardless of when it accrued, has remained unpaid for a
4 period longer than 6 months, or is in arrears in an
5 amount greater than $5,000; or
6 (4) willfully fails to pay a support obligation
7 required under a court or administrative order for
8 support, if the obligation has remained unpaid for a
9 period longer than one year, or is in arrears in an
10 amount greater than $10,000, and the person has the
11 ability to provide the support.
12 (a-5) Presumption of ability to pay support. The
13 existence of a court or administrative order of support that
14 was not based on a default judgment and was in effect for the
15 time period charged in the indictment or information creates
16 a rebuttable presumption that the obligor has the ability to
17 pay the support obligation for that time period.
18 (b) Sentence. A person convicted of a first offense
19 under subdivision (a)(1) or (a)(2) is guilty of a Class A
20 misdemeanor. A person convicted of an offense under
21 subdivision (a)(3) or (a)(4) or a second or subsequent
22 offense under subdivision (a)(1) or (a)(2) is guilty of a
23 Class 4 felony.
24 (c) Expungement. A person convicted of a first offense
25 under subdivision (a)(1) or (a)(2) who is eligible for the
26 Earnfare program, shall, in lieu of the sentence prescribed
27 in subsection (b), be referred to the Earnfare program. Upon
28 certification of completion of the Earnfare program, the
29 conviction shall be expunged. If the person fails to
30 successfully complete the Earnfare program, he or she shall
31 be sentenced in accordance with subsection (b).
32 (d) Fine. Sentences of imprisonment and fines for
33 offenses committed under this Act shall be as provided under
34 Articles 8 and 9 of Chapter V of the Unified Code of
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1 Corrections, except that the court shall order restitution of
2 all unpaid support payments and may impose the following
3 fines, alone, or in addition to a sentence of imprisonment
4 under the following circumstances:
5 (1) from $1,000 to $5,000 if the support obligation
6 has remained unpaid for a period longer than 2 years, or
7 is in arrears in an amount greater than $1,000 and not
8 exceeding $5,000;
9 (2) from $5,000 to $10,000 if the support obligation
10 has remained unpaid for a period longer than 5 years, or
11 is in arrears in an amount greater than $5,000 and not
12 exceeding $10,000; or
13 (3) from $10,000 to $25,000 if the support
14 obligation has remained unpaid for a period longer than 8
15 years, or is in arrears in an amount greater than
16 $10,000.
17 Restitution shall be ordered in an amount equal to the
18 total unpaid support obligation as it existed at the time of
19 sentencing. Any amounts paid by the obligor shall be
20 allocated first to current support and then to restitution
21 ordered and then to fines imposed under this Section.
22 Section 20. Entry of order for support; income
23 withholding.
24 (a) In a case in which no court or administrative order
25 for support is in effect against the defendant:
26 (1) at any time before the trial, upon motion of the
27 State's Attorney, or of the Attorney General if the
28 action has been instituted by his office, and upon notice
29 to the defendant, or at the time of arraignment or as a
30 condition of postponement of arraignment, the court may
31 enter such temporary order for support as may seem just,
32 providing for the support or maintenance of the spouse or
33 child or children of the defendant, or both, pendente
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1 lite; or
2 (2) before trial with the consent of the defendant,
3 or at the trial on entry of a plea of guilty, or after
4 conviction, instead of imposing the penalty provided in
5 this Act, or in addition thereto, the court may enter an
6 order for support, subject to modification by the court
7 from time to time as circumstances may require, directing
8 the defendant to pay a certain sum for maintenance of the
9 spouse, or for support of the child or children, or both.
10 (b) The court shall determine the amount of child support
11 by using the guidelines and standards set forth in subsection
12 (a) of Section 505 and in Section 505.2 of the Illinois
13 Marriage and Dissolution of Marriage Act.
14 If (i) the non-custodial parent was properly served with
15 a request for discovery of financial information relating to
16 the non-custodial parent's ability to provide child support,
17 (ii) the non-custodial parent failed to comply with the
18 request, despite having been ordered to do so by the court,
19 and (iii) the non-custodial parent is not present at the
20 hearing to determine support despite having received proper
21 notice, then any relevant financial information concerning
22 the non-custodial parent's ability to provide child support
23 that was obtained pursuant to subpoena and proper notice
24 shall be admitted into evidence without the need to establish
25 any further foundation for its admission.
26 (c) The court shall determine the amount of maintenance
27 using the standards set forth in Section 504 of the Illinois
28 Marriage and Dissolution of Marriage Act.
29 (d) The court may, for violation of any order under this
30 Section, punish the offender as for a contempt of court, but
31 no pendente lite order shall remain in effect longer than 4
32 months, or after the discharge of any panel of jurors
33 summoned for service thereafter in such court, whichever is
34 sooner.
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1 (e) Any order for support entered by the court under this
2 Section shall be deemed to be a series of judgments against
3 the person obligated to pay support under the judgments, each
4 such judgment to be in the amount of each payment or
5 installment of support and each judgment to be deemed entered
6 as of the date the corresponding payment or installment
7 becomes due under the terms of the support order. Each
8 judgment shall have the full force, effect, and attributes of
9 any other judgment of this State, including the ability to be
10 enforced. Each judgment is subject to modification or
11 termination only in accordance with Section 510 of the
12 Illinois Marriage and Dissolution of Marriage Act. A lien
13 arises by operation of law against the real and personal
14 property of the noncustodial parent for each installment of
15 overdue support owed by the noncustodial parent.
16 (f) An order for support entered under this Section shall
17 include a provision requiring the obligor to report to the
18 obligee and to the clerk of the court within 10 days each
19 time the obligor obtains new employment, and each time the
20 obligor's employment is terminated for any reason. The
21 report shall be in writing and shall, in the case of new
22 employment, include the name and address of the new employer.
23 Failure to report new employment or the termination of
24 current employment, if coupled with nonpayment of support for
25 a period in excess of 60 days, is indirect criminal contempt.
26 For any obligor arrested for failure to report new
27 employment, bond shall be set in the amount of the child
28 support that should have been paid during the period of
29 unreported employment.
30 An order for support entered under this Section shall
31 also include a provision requiring the obligor and obligee
32 parents to advise each other of a change in residence within
33 5 days of the change except when the court finds that the
34 physical, mental, or emotional health of a party or of a
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1 minor child, or both, would be seriously endangered by
2 disclosure of the party's address.
3 (g) An order for support entered or modified in a case in
4 which a party is receiving child and spouse support services
5 under Article X of the Illinois Public Aid Code shall include
6 a provision requiring the noncustodial parent to notify the
7 Illinois Department of Public Aid, within 7 days, of the name
8 and address of any new employer of the noncustodial parent,
9 whether the noncustodial parent has access to health
10 insurance coverage through the employer or other group
11 coverage and, if so, the policy name and number and the names
12 of persons covered under the policy.
13 (h) In any subsequent action to enforce an order for
14 support entered under this Act, upon sufficient showing that
15 diligent effort has been made to ascertain the location of
16 the noncustodial parent, service of process or provision of
17 notice necessary in that action may be made at the last known
18 address of the noncustodial parent, in any manner expressly
19 provided by the Code of Civil Procedure or in this Act, which
20 service shall be sufficient for purposes of due process.
21 (i) An order for support shall include a date on which
22 the current support obligation terminates. The termination
23 date shall be no earlier than the date on which the child
24 covered by the order will attain the age of majority or is
25 otherwise emancipated. The order for support shall state that
26 the termination date does not apply to any arrearage that may
27 remain unpaid on that date. Nothing in this subsection shall
28 be construed to prevent the court from modifying the order.
29 Section 22. Withholding of income to secure payment of
30 support. An order for support entered or modified under this
31 Act is subject to the Income Withholding for Support Act.
32 Section 25. Payment of support to State Disbursement
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1 Unit; clerk of the court.
2 (a) As used in this Section, "order for support",
3 "obligor", "obligee", and "payor" mean those terms as defined
4 in the Income Withholding for Support Act.
5 (b) Each order for support entered or modified under
6 Section 20 of this Act shall require that support payments be
7 made to the State Disbursement Unit established under the
8 Illinois Public Aid Code, under the following circumstances:
9 (1) when a party to the order is receiving child and
10 spouse support services under Article X of the Illinois
11 Public Aid Code; or
12 (2) when no party to the order is receiving child
13 and spouse support services, but the support payments are
14 made through income withholding.
15 (c) When no party to the order is receiving child and
16 spouse support services, and payments are not being made
17 through income withholding, the court shall order the obligor
18 to make support payments to the clerk of the court.
19 (d) In the case of an order for support entered by the
20 court under this Act before a party commenced receipt of
21 child and spouse support services, upon receipt of these
22 services by a party the Illinois Department of Public Aid
23 shall provide notice to the obligor to send any support
24 payments he or she makes personally to the State Disbursement
25 Unit until further direction of the Department. The
26 Department shall provide a copy of the notice to the obligee
27 and to the clerk of the court. An obligor who fails to
28 comply with a notice provided by the Department under this
29 Section is guilty of a Class B misdemeanor.
30 (e) If a State Disbursement Unit as specified by federal
31 law has not been created in Illinois upon the effective date
32 of this Act, then, until the creation of a State Disbursement
33 Unit as specified by federal law, the following provisions
34 regarding payment and disbursement of support payments shall
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1 control and the provisions in subsections (a), (b), (c), and
2 (d) shall be inoperative. Upon the creation of a State
3 Disbursement Unit as specified by federal law, this
4 subsection (e) shall be inoperative and the payment and
5 disbursement provisions of subsections (a), (b), (c), and (d)
6 shall control.
7 (1) In cases in which an order for support is
8 entered under Section 20 of this Act, the court shall
9 order that maintenance and support payments be made to
10 the clerk of the court for remittance to the person or
11 agency entitled to receive the payments. However, the
12 court in its discretion may direct otherwise where
13 exceptional circumstances so warrant.
14 (2) The court shall direct that support payments be
15 sent by the clerk to (i) the Illinois Department of
16 Public Aid if the person in whose behalf payments are
17 made is receiving aid under Articles III, IV, or V of the
18 Illinois Public Aid Code, or child and spouse support
19 services under Article X of the Code, or (ii) to the
20 local governmental unit responsible for the support of
21 the person if he or she is a recipient under Article VI
22 of the Code. In accordance with federal law and
23 regulations, the Illinois Department of Public Aid may
24 continue to collect current maintenance payments or child
25 support payments, or both, after those persons cease to
26 receive public assistance and until termination of
27 services under Article X of the Illinois Public Aid Code.
28 The Illinois Department shall pay the net amount
29 collected to those persons after deducting any costs
30 incurred in making the collection or any collection fee
31 from the amount of any recovery made. The order shall
32 permit the Illinois Department of Public Aid or the local
33 governmental unit, as the case may be, to direct that
34 support payments be made directly to the spouse,
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1 children, or both, or to some person or agency in their
2 behalf, upon removal of the spouse or children from the
3 public aid rolls or upon termination of services under
4 Article X of the Illinois Public Aid Code; and upon such
5 direction, the Illinois Department or the local
6 governmental unit, as the case requires, shall give
7 notice of such action to the court in writing or by
8 electronic transmission.
9 (3) The clerk of the court shall establish and
10 maintain current records of all moneys received and
11 disbursed and of delinquencies and defaults in required
12 payments. The court, by order or rule, shall make
13 provision for the carrying out of these duties.
14 (4) Upon notification in writing or by electronic
15 transmission from the Illinois Department of Public Aid
16 to the clerk of the court that a person who is receiving
17 support payments under this Section is receiving services
18 under the Child Support Enforcement Program established
19 by Title IV-D of the Social Security Act, any support
20 payments subsequently received by the clerk of the court
21 shall be transmitted in accordance with the instructions
22 of the Illinois Department of Public Aid until the
23 Department gives notice to cease the transmittal. After
24 providing the notification authorized under this
25 paragraph, the Illinois Department of Public Aid shall be
26 a party and entitled to notice of any further proceedings
27 in the case. The clerk of the court shall file a copy of
28 the Illinois Department of Public Aid's notification in
29 the court file. The failure of the clerk to file a copy
30 of the notification in the court file shall not, however,
31 affect the Illinois Department of Public Aid's rights as
32 a party or its right to receive notice of further
33 proceedings.
34 (5) Payments under this Section to the Illinois
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1 Department of Public Aid pursuant to the Child Support
2 Enforcement Program established by Title IV-D of the
3 Social Security Act shall be paid into the Child Support
4 Enforcement Trust Fund. All other payments under this
5 Section to the Illinois Department of Public Aid shall be
6 deposited in the Public Assistance Recoveries Trust Fund.
7 Disbursements from these funds shall be as provided in
8 the Illinois Public Aid Code. Payments received by a
9 local governmental unit shall be deposited in that unit's
10 General Assistance Fund.
11 (6) For those cases in which child support is
12 payable to the clerk of the circuit court for transmittal
13 to the Illinois Department of Public Aid by order of
14 court or upon notification by the Illinois Department of
15 Public Aid, the clerk shall transmit all such payments,
16 within 4 working days of receipt, to insure that funds
17 are available for immediate distribution by the
18 Department to the person or entity entitled thereto in
19 accordance with standards of the Child Support
20 Enforcement Program established under Title IV-D of the
21 Social Security Act. The clerk shall notify the
22 Department of the date of receipt and amount thereof at
23 the time of transmittal. Where the clerk has entered
24 into an agreement of cooperation with the Department to
25 record the terms of child support orders and payments
26 made thereunder directly into the Department's automated
27 data processing system, the clerk shall account for,
28 transmit and otherwise distribute child support payments
29 in accordance with such agreement in lieu of the
30 requirements contained herein.
31 Section 30. Information to State Case Registry.
32 (a) When an order for support is entered or modified
33 under Section 20 of this Act, the clerk of the court shall,
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1 within 5 business days, provide to the State Case Registry
2 established under Section 10-27 of the Illinois Public Aid
3 Code the court docket number and county in which the order is
4 entered or modified and the following information, which the
5 parents involved in the case shall disclose to the court:
6 (1) the names of the custodial and noncustodial
7 parents and of the child or children covered by the
8 order;
9 (2) the dates of birth of the custodial and
10 noncustodial parents and of the child or children covered
11 by the order;
12 (3) the social security numbers of the custodial and
13 noncustodial parents and, if available, of the child or
14 children covered by the order;
15 (4) the residential and mailing address for the
16 custodial and noncustodial parents;
17 (5) the telephone numbers for the custodial and
18 noncustodial parents;
19 (6) the driver's license numbers for the custodial
20 and noncustodial parents; and
21 (7) the name, address, and telephone number of each
22 parent's employer or employers.
23 (b) When an order for support is entered or modified
24 under Section 20 in a case in which a party is receiving
25 child and spouse support services under Article X of the
26 Illinois Public Aid Code, the clerk shall provide the State
27 Case Registry with the following information within 5
28 business days:
29 (1) the information specified in subsection (a);
30 (2) the amount of monthly or other periodic support
31 owed under the order and other amounts, including
32 arrearages, interest, or late payment penalties and fees,
33 due or overdue under the order;
34 (3) any amounts described in subdivision (2) of this
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1 subsection (b) that have been received by the clerk; and
2 (4) the distribution of the amounts received by the
3 clerk.
4 (c) To the extent that updated information is in the
5 clerk's possession, the clerk shall provide updates of the
6 information specified in subsection (b) within 5 business
7 days after the Illinois Department of Public Aid's request
8 for that updated information.
9 Section 32. Continuances in support enforcement cases.
10 Each party shall be granted no more than 2 continuances in a
11 court proceeding for the enforcement of a support order.
12 Section 35. Fine; release of defendant on probation;
13 violation of order for support; forfeiture of recognizance.
14 (a) Whenever a fine is imposed it may be directed by the
15 court to be paid, in whole or in part, to the spouse,
16 ex-spouse, or if the support of a child or children is
17 involved, to the custodial parent, to the clerk, probation
18 officer, or to the Illinois Department of Public Aid if a
19 recipient of child and spouse support services under Article
20 X of the Illinois Public Aid Code is involved as the case
21 requires, to be disbursed by such officers or agency under
22 the terms of the order.
23 (b) The court may also relieve the defendant from custody
24 on probation for the period fixed in the order or judgment
25 upon his or her entering into a recognizance, with or without
26 surety, in the sum as the court orders and approves. The
27 condition of the recognizance shall be such that if the
28 defendant makes his or her personal appearance in court
29 whenever ordered to do so by the court, during such period as
30 may be so fixed, and further complies with the terms of the
31 order for support, or any subsequent modification of the
32 order, then the recognizance shall be void; otherwise it will
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1 remain in full force and effect.
2 (c) If the court is satisfied by testimony in open court,
3 that at any time during the period of one year the defendant
4 has violated the terms of the order for support, it may
5 proceed with the trial of the defendant under the original
6 charge, or sentence him or her under the original conviction,
7 or enforce the suspended sentence, as the case may be. In
8 case of forfeiture of recognizance, and enforcement of
9 recognizance by execution, the sum so recovered may, in the
10 discretion of the court, be paid, in whole or in part, to the
11 spouse, ex-spouse, or if the support of a child or children
12 is involved, to the custodial parent, to the clerk, or to the
13 Illinois Department of Public Aid if a recipient of child and
14 spouse support services under Article X of the Illinois
15 Public Aid Code is involved as the case requires, to be
16 disbursed by the clerk or the Department under the terms of
17 the order.
18 Section 40. Evidence. No other or greater evidence
19 shall be required to prove the marriage of a husband and
20 wife, or that the defendant is the father or mother of the
21 child or children than is or shall be required to prove that
22 fact in a civil action.
23 Section 45. Husband or wife as competent witness. In no
24 prosecution under this Act shall any existing statute or rule
25 of law prohibiting the disclosure of confidential
26 communications between husband and wife apply. And both
27 husband and wife shall be competent witnesses to testify to
28 any and all relevant matters, including the fact of such
29 marriage and of the parentage of such child or children,
30 provided that neither shall be compelled to give evidence
31 incriminating himself or herself.
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1 Section 50. Community service; work alternative program.
2 (a) In addition to any other penalties imposed against an
3 offender under this Act, the court may order the offender to
4 perform community service for not less than 30 and not more
5 than 120 hours per month, if community service is available
6 in the jurisdiction and is funded and approved by the county
7 board of the county where the offense was committed. In
8 addition, whenever any person is placed on supervision for
9 committing an offense under this Act, the supervision shall
10 be conditioned on the performance of the community service.
11 (b) In addition to any other penalties imposed against an
12 offender under this Act, the court may sentence the offender
13 to service in a work alternative program administered by the
14 sheriff. The conditions of the program are that the offender
15 obtain or retain employment and participate in a work
16 alternative program administered by the sheriff during
17 non-working hours. A person may not be required to
18 participate in a work alternative program under this
19 subsection if the person is currently participating in a work
20 program pursuant to another provision of this Act, Section
21 10-11.1 of the Illinois Public Aid Code, Section 505.1 of the
22 Illinois Marriage and Dissolution of Marriage Act, or Section
23 15.1 of the Illinois Parentage Act of 1984.
24 (c) In addition to any other penalties imposed against
25 an offender under this Act, the court may order, in cases
26 where the offender has been in violation of this Act for 90
27 days or more, that the offender's Illinois driving privileges
28 be suspended until the court determines that the offender is
29 in compliance with this Act.
30 The court may determine that the offender is in
31 compliance with this Act if the offender has agreed (i) to
32 pay all required amounts of support and maintenance as
33 determined by the court or (ii) to the garnishment of his or
34 her income for the purpose of paying those amounts.
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1 The court may also order that the offender be issued a
2 family financial responsibility driving permit that would
3 allow limited driving privileges for employment and medical
4 purposes in accordance with Section 7-702.1 of the Illinois
5 Vehicle Code. The clerk of the circuit court shall certify
6 the order suspending the driving privileges of the offender
7 or granting the issuance of a family financial responsibility
8 driving permit to the Secretary of State on forms prescribed
9 by the Secretary. Upon receipt of the authenticated
10 documents, the Secretary of State shall suspend the
11 offender's driving privileges until further order of the
12 court and shall, if ordered by the court, subject to the
13 provisions of Section 7-702.1 of the Illinois Vehicle Code,
14 issue a family financial responsibility driving permit to the
15 offender.
16 (d) If the court determines that the offender has been
17 in violation of this Act for more than 60 days, the court may
18 determine whether the offender has applied for or been issued
19 a professional license by the Department of Professional
20 Regulation or another licensing agency. If the court
21 determines that the offender has applied for or been issued
22 such a license, the court may certify to the Department of
23 Professional Regulation or other licensing agency that the
24 offender has been in violation of this Act for more than 60
25 days so that the Department or other agency may take
26 appropriate steps with respect to the license or application
27 as provided in Section 10-65 of the Illinois Administrative
28 Procedure Act and Section 60 of the Civil Administrative Code
29 of Illinois. The court may take the actions required under
30 this subsection in addition to imposing any other penalty
31 authorized under this Act.
32 Section 55. Offenses; how construed. It is hereby
33 expressly declared that the offenses set forth in this Act
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1 shall be construed to be continuing offenses.
2 Section 60. Unemployed persons owing duty of support.
3 (a) Whenever it is determined in a proceeding to
4 establish or enforce a child support or maintenance
5 obligation that the person owing a duty of support is
6 unemployed, the court may order the person to seek employment
7 and report periodically to the court with a diary, listing or
8 other memorandum of his or her efforts in accordance with
9 such order. Additionally, the court may order the unemployed
10 person to report to the Department of Employment Security for
11 job search services or to make application with the local
12 Jobs Training Partnership Act provider for participation in
13 job search, training, or work programs and where the duty of
14 support is owed to a child receiving support services under
15 Article X of the Illinois Public Aid Code the court may order
16 the unemployed person to report to the Illinois Department of
17 Public Aid for participation in job search, training, or work
18 programs established under Section 9-6 and Article IXA of
19 that Code.
20 (b) Whenever it is determined that a person owes past due
21 support for a child or for a child and the parent with whom
22 the child is living, and the child is receiving assistance
23 under the Illinois Public Aid Code, the court shall order at
24 the request of the Illinois Department of Public Aid:
25 (1) that the person pay the past-due support in
26 accordance with a plan approved by the court; or
27 (2) if the person owing past-due support is
28 unemployed, is subject to such a plan, and is not
29 incapacitated, that the person participate in such job
30 search, training, or work programs established under
31 Section 9-6 and Article IXA of the Illinois Public Aid
32 Code as the court deems appropriate.
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1 Section 65. Order of protection; status. Whenever
2 relief sought under this Act is based on allegations of
3 domestic violence, as defined in the Illinois Domestic
4 Violence Act of 1986, the court, before granting relief,
5 shall determine whether any order of protection has
6 previously been entered in the instant proceeding or any
7 other proceeding in which any party, or a child of any party,
8 or both, if relevant, has been designated as either a
9 respondent or a protected person.
10 Section 905. The Illinois Administrative Procedure Act
11 is amended by changing Section 10-65 as follows:
12 (5 ILCS 100/10-65) (from Ch. 127, par. 1010-65)
13 Sec. 10-65. Licenses.
14 (a) When any licensing is required by law to be preceded
15 by notice and an opportunity for a hearing, the provisions of
16 this Act concerning contested cases shall apply.
17 (b) When a licensee has made timely and sufficient
18 application for the renewal of a license or a new license
19 with reference to any activity of a continuing nature, the
20 existing license shall continue in full force and effect
21 until the final agency decision on the application has been
22 made unless a later date is fixed by order of a reviewing
23 court.
24 (c) An application for the renewal of a license or a new
25 license shall include the applicant's social security number.
26 Each agency shall require the licensee to certify on the
27 application form, under penalty of perjury, that he or she is
28 not more than 30 days delinquent in complying with a child
29 support order. Every application shall state that failure to
30 so certify shall result in disciplinary action, and that
31 making a false statement may subject the licensee to contempt
32 of court. The agency shall notify each applicant or licensee
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1 who acknowledges a delinquency or who, contrary to his or her
2 certification, is found to be delinquent or who after
3 receiving notice, fails to comply with a subpoena or warrant
4 relating to a paternity or a child support proceeding, that
5 the agency intends to take disciplinary action. Accordingly,
6 the agency shall provide written notice of the facts or
7 conduct upon which the agency will rely to support its
8 proposed action and the applicant or licensee shall be given
9 an opportunity for a hearing in accordance with the
10 provisions of the Act concerning contested cases. Any
11 delinquency in complying with a child support order can be
12 remedied by arranging for payment of past due and current
13 support. Any failure to comply with a subpoena or warrant
14 relating to a paternity or child support proceeding can be
15 remedied by complying with the subpoena or warrant. Upon a
16 final finding of delinquency or failure to comply with a
17 subpoena or warrant, the agency shall suspend, revoke, or
18 refuse to issue or renew the license. In cases in which the
19 Department of Public Aid has previously determined that an
20 applicant or a licensee is more than 30 days delinquent in
21 the payment of child support and has subsequently certified
22 the delinquency to the licensing agency, and in cases in
23 which a court has previously determined that an applicant or
24 licensee has been in violation of the Non-Support Punishment
25 Act for more than 60 days, the licensing agency shall refuse
26 to issue or renew or shall revoke or suspend that person's
27 license based solely upon the certification of delinquency
28 made by the Department of Public Aid or the certification of
29 violation made by the court. Further process, hearings, or
30 redetermination of the delinquency or violation by the
31 licensing agency shall not be required. The licensing
32 agency may issue or renew a license if the licensee has
33 arranged for payment of past and current child support
34 obligations in a manner satisfactory to the Department of
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1 Public Aid or the court. The licensing agency may impose
2 conditions, restrictions, or disciplinary action upon that
3 license.
4 (d) Except as provided in subsection (c), no agency
5 shall revoke, suspend, annul, withdraw, amend materially, or
6 refuse to renew any valid license without first giving
7 written notice to the licensee of the facts or conduct upon
8 which the agency will rely to support its proposed action and
9 an opportunity for a hearing in accordance with the
10 provisions of this Act concerning contested cases. At the
11 hearing, the licensee shall have the right to show compliance
12 with all lawful requirements for the retention, continuation,
13 or renewal of the license. If, however, the agency finds
14 that the public interest, safety, or welfare imperatively
15 requires emergency action, and if the agency incorporates a
16 finding to that effect in its order, summary suspension of a
17 license may be ordered pending proceedings for revocation or
18 other action. Those proceedings shall be promptly instituted
19 and determined.
20 (e) Any application for renewal of a license that
21 contains required and relevant information, data, material,
22 or circumstances that were not contained in an application
23 for the existing license shall be subject to the provisions
24 of subsection (a).
25 Section 910. The Civil Administrative Code of Illinois
26 is amended by changing Section 43a.14 as follows:
27 (20 ILCS 1005/43a.14)
28 Sec. 43a.14. Exchange of information for child support
29 enforcement.
30 (a) To exchange with the Illinois Department of Public
31 Aid information that may be necessary for the enforcement of
32 child support orders entered pursuant to the Illinois Public
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1 Aid Code, the Illinois Marriage and Dissolution of Marriage
2 Act, the Non-Support of Spouse and Children Act, the
3 Non-Support Punishment Act, the Revised Uniform Reciprocal
4 Enforcement of Support Act, the Uniform Interstate Family
5 Support Act, or the Illinois Parentage Act of 1984.
6 (b) Notwithstanding any provisions in this Code to the
7 contrary, the Department of Employment Security shall not be
8 liable to any person for any disclosure of information to the
9 Illinois Department of Public Aid under subsection (a) or for
10 any other action taken in good faith to comply with the
11 requirements of subsection (a).
12 (Source: P.A. 90-18, eff. 7-1-97.)
13 Section 915. The Civil Administrative Code of Illinois
14 is amended by changing Section 60 as follows:
15 (20 ILCS 2105/60) (from Ch. 127, par. 60)
16 Sec. 60. Powers and duties. The Department of
17 Professional Regulation shall have, subject to the provisions
18 of this Act, the following powers and duties:
19 1. To authorize examinations in English to ascertain the
20 qualifications and fitness of applicants to exercise the
21 profession, trade, or occupation for which the examination is
22 held.
23 2. To prescribe rules and regulations for a fair and
24 wholly impartial method of examination of candidates to
25 exercise the respective professions, trades, or occupations.
26 3. To pass upon the qualifications of applicants for
27 licenses, certificates, and authorities, whether by
28 examination, by reciprocity, or by endorsement.
29 4. To prescribe rules and regulations defining, for the
30 respective professions, trades, and occupations, what shall
31 constitute a school, college, or university, or department of
32 a university, or other institutions, reputable and in good
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1 standing and to determine the reputability and good standing
2 of a school, college, or university, or department of a
3 university, or other institution, reputable and in good
4 standing by reference to a compliance with such rules and
5 regulations: provided, that no school, college, or
6 university, or department of a university or other
7 institution that refuses admittance to applicants solely on
8 account of race, color, creed, sex, or national origin shall
9 be considered reputable and in good standing.
10 5. To conduct hearings on proceedings to revoke,
11 suspend, refuse to renew, place on probationary status, or
12 take other disciplinary action as may be authorized in any
13 licensing Act administered by the Department with regard to
14 licenses, certificates, or authorities of persons exercising
15 the respective professions, trades, or occupations, and to
16 revoke, suspend, refuse to renew, place on probationary
17 status, or take other disciplinary action as may be
18 authorized in any licensing Act administered by the
19 Department with regard to such licenses, certificates, or
20 authorities. The Department shall issue a monthly
21 disciplinary report. The Department shall deny any license
22 or renewal authorized by this Act to any person who has
23 defaulted on an educational loan or scholarship provided by
24 or guaranteed by the Illinois Student Assistance Commission
25 or any governmental agency of this State; however, the
26 Department may issue a license or renewal if the
27 aforementioned persons have established a satisfactory
28 repayment record as determined by the Illinois Student
29 Assistance Commission or other appropriate governmental
30 agency of this State. Additionally, beginning June 1, 1996,
31 any license issued by the Department may be suspended or
32 revoked if the Department, after the opportunity for a
33 hearing under the appropriate licensing Act, finds that the
34 licensee has failed to make satisfactory repayment to the
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1 Illinois Student Assistance Commission for a delinquent or
2 defaulted loan. For the purposes of this Section,
3 "satisfactory repayment record" shall be defined by rule. The
4 Department shall refuse to issue or renew a license to, or
5 shall suspend or revoke a license of, any person who, after
6 receiving notice, fails to comply with a subpoena or warrant
7 relating to a paternity or child support proceeding.
8 However, the Department may issue a license or renewal upon
9 compliance with the subpoena or warrant.
10 The Department, without further process or hearings,
11 shall revoke, suspend, or deny any license or renewal
12 authorized by this Act to a person who is certified by the
13 Illinois Department of Public Aid as being more than 30 days
14 delinquent in complying with a child support order or who is
15 certified by a court as being in violation of the Non-Support
16 of Punishment Act for more than 60 days; the Department may,
17 however, issue a license or renewal if the person has
18 established a satisfactory repayment record as determined by
19 the Illinois Department of Public Aid or if the person is
20 determined by the court to be in compliance with the
21 Non-Support Punishment Act. The Department may implement
22 this paragraph as added by Public Act 89-6 through the use of
23 emergency rules in accordance with Section 5-45 of the
24 Illinois Administrative Procedure Act. For purposes of the
25 Illinois Administrative Procedure Act, the adoption of rules
26 to implement this paragraph shall be considered an emergency
27 and necessary for the public interest, safety, and welfare.
28 6. To transfer jurisdiction of any realty under the
29 control of the Department to any other Department of the
30 State Government, or to acquire or accept Federal lands, when
31 such transfer, acquisition or acceptance is advantageous to
32 the State and is approved in writing by the Governor.
33 7. To formulate rules and regulations as may be
34 necessary for the enforcement of any act administered by the
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1 Department.
2 8. To exchange with the Illinois Department of Public
3 Aid information that may be necessary for the enforcement of
4 child support orders entered pursuant to the Illinois Public
5 Aid Code, the Illinois Marriage and Dissolution of Marriage
6 Act, the Non-Support of Spouse and Children Act, the
7 Non-Support Punishment Act, the Revised Uniform Reciprocal
8 Enforcement of Support Act, the Uniform Interstate Family
9 Support Act, or the Illinois Parentage Act of 1984.
10 Notwithstanding any provisions in this Code to the contrary,
11 the Department of Professional Regulation shall not be liable
12 under any federal or State law to any person for any
13 disclosure of information to the Illinois Department of
14 Public Aid under this paragraph 8 or for any other action
15 taken in good faith to comply with the requirements of this
16 paragraph 8.
17 9. To perform such other duties as may be prescribed by
18 law.
19 The Department may, when a fee is payable to the
20 Department for a wall certificate of registration provided by
21 the Department of Central Management Services, require that
22 portion of the payment for printing and distribution costs be
23 made directly or through the Department, to the Department of
24 Central Management Services for deposit in the Paper and
25 Printing Revolving Fund, the remainder shall be deposited in
26 the General Revenue Fund.
27 For the purpose of securing and preparing evidence, and
28 for the purchase of controlled substances, professional
29 services, and equipment necessary for enforcement activities,
30 recoupment of investigative costs and other activities
31 directed at suppressing the misuse and abuse of controlled
32 substances, including those activities set forth in Sections
33 504 and 508 of the Illinois Controlled Substances Act, the
34 Director and agents appointed and authorized by the Director
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1 may expend such sums from the Professional Regulation
2 Evidence Fund as the Director deems necessary from the
3 amounts appropriated for that purpose and such sums may be
4 advanced to the agent when the Director deems such procedure
5 to be in the public interest. Sums for the purchase of
6 controlled substances, professional services, and equipment
7 necessary for enforcement activities and other activities as
8 set forth in this Section shall be advanced to the agent who
9 is to make such purchase from the Professional Regulation
10 Evidence Fund on vouchers signed by the Director. The
11 Director and such agents are authorized to maintain one or
12 more commercial checking accounts with any State banking
13 corporation or corporations organized under or subject to the
14 Illinois Banking Act for the deposit and withdrawal of moneys
15 to be used for the purposes set forth in this Section;
16 provided, that no check may be written nor any withdrawal
17 made from any such account except upon the written signatures
18 of 2 persons designated by the Director to write such checks
19 and make such withdrawals. Vouchers for such expenditures
20 must be signed by the Director and all such expenditures
21 shall be audited by the Director and the audit shall be
22 submitted to the Department of Central Management Services
23 for approval.
24 Whenever the Department is authorized or required by law
25 to consider some aspect of criminal history record
26 information for the purpose of carrying out its statutory
27 powers and responsibilities, then, upon request and payment
28 of fees in conformance with the requirements of subsection 22
29 of Section 55a of the Civil Administrative Code of Illinois,
30 the Department of State Police is authorized to furnish,
31 pursuant to positive identification, such information
32 contained in State files as is necessary to fulfill the
33 request.
34 The provisions of this Section do not apply to private
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1 business and vocational schools as defined by Section 1 of
2 the Private Business and Vocational Schools Act.
3 Beginning July 1, 1995, this Section does not apply to
4 those professions, trades, and occupations licensed under the
5 Real Estate License Act of 1983 nor does it apply to any
6 permits, certificates, or other authorizations to do business
7 provided for in the Land Sales Registration Act of 1989 or
8 the Illinois Real Estate Time-Share Act.
9 (Source: P.A. 89-6, eff. 3-6-95; 89-23, eff. 7-1-95; 89-237,
10 eff. 8-4-95; 89-411, eff. 6-1-96; 89-626, eff. 8-9-96; 90-18,
11 eff. 7-1-97.)
12 Section 920. The Civil Administrative Code of Illinois
13 is amended by changing Section 39b12 as follows:
14 (20 ILCS 2505/39b12) (from Ch. 127, par. 39b12)
15 Sec. 39b12. Exchange of information.
16 (a) To exchange with any State, or local subdivisions
17 thereof, or with the federal government, except when
18 specifically prohibited by law, any information which may be
19 necessary to efficient tax administration and which may be
20 acquired as a result of the administration of the above laws.
21 (b) To exchange with the Illinois Department of Public
22 Aid information that may be necessary for the enforcement of
23 child support orders entered pursuant to the Illinois Public
24 Aid Code, the Illinois Marriage and Dissolution of Marriage
25 Act, the Non-Support of Spouse and Children Act, the
26 Non-Support Punishment Act, the Revised Uniform Reciprocal
27 Enforcement of Support Act, the Uniform Interstate Family
28 Support Act, or the Illinois Parentage Act of 1984.
29 Notwithstanding any provisions in this Code to the contrary,
30 the Department of Revenue shall not be liable to any person
31 for any disclosure of information to the Illinois Department
32 of Public Aid under this subsection (b) or for any other
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1 action taken in good faith to comply with the requirements of
2 this subsection (b).
3 (Source: P.A. 90-18, eff. 7-1-97.)
4 Section 925. The Counties Code is amended by changing
5 Section 3-5036.5 as follows:
6 (55 ILCS 5/3-5036.5)
7 Sec. 3-5036.5. Exchange of information for child support
8 enforcement.
9 (a) The Recorder shall exchange with the Illinois
10 Department of Public Aid information that may be necessary
11 for the enforcement of child support orders entered pursuant
12 to the Illinois Public Aid Code, the Illinois Marriage and
13 Dissolution of Marriage Act, the Non-Support of Spouse and
14 Children Act, the Non-Support Punishment Act, the Revised
15 Uniform Reciprocal Enforcement of Support Act, the Uniform
16 Interstate Family Support Act, or the Illinois Parentage Act
17 of 1984.
18 (b) Notwithstanding any provisions in this Code to the
19 contrary, the Recorder shall not be liable to any person for
20 any disclosure of information to the Illinois Department of
21 Public Aid under subsection (a) or for any other action taken
22 in good faith to comply with the requirements of subsection
23 (a).
24 (Source: P.A. 90-18, eff. 7-1-97.)
25 Section 930. The Collection Agency Act is amended by
26 changing Section 2.04 as follows:
27 (225 ILCS 425/2.04) (from Ch. 111, par. 2005.1)
28 Sec. 2.04. Child support indebtedness.
29 (a) Persons, associations, partnerships, or corporations
30 engaged in the business of collecting child support
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1 indebtedness owing under a court order as provided under the
2 Illinois Public Aid Code, the Illinois Marriage and
3 Dissolution of Marriage Act, the Non-Support of Spouse and
4 Children Act, the Non-Support Punishment Act, the Illinois
5 Parentage Act of 1984, or similar laws of other states are
6 not restricted (i) in the frequency of contact with an
7 obligor who is in arrears, whether by phone, mail, or other
8 means, (ii) from contacting the employer of an obligor who is
9 in arrears, (iii) from publishing or threatening to publish a
10 list of obligors in arrears, (iv) from disclosing or
11 threatening to disclose an arrearage that the obligor
12 disputes, but for which a verified notice of delinquency has
13 been served under the Income Withholding for Support Act (or
14 any of its predecessors, Section 10-16.2 of the Illinois
15 Public Aid Code, Section 706.1 of the Illinois Marriage and
16 Dissolution of Marriage Act, Section 4.1 of the Non-Support
17 of Spouse and Children Act, Section 26.1 of the Revised
18 Uniform Reciprocal Enforcement of Support Act, or Section 20
19 of the Illinois Parentage Act of 1984), or (v) from engaging
20 in conduct that would not cause a reasonable person mental or
21 physical illness. For purposes of this subsection, "obligor"
22 means an individual who owes a duty to make periodic
23 payments, under a court order, for the support of a child.
24 "Arrearage" means the total amount of an obligor's unpaid
25 child support obligations.
26 (b) The Department shall adopt rules necessary to
27 administer and enforce the provisions of this Section.
28 (Source: P.A. 90-673, eff. 1-1-99.)
29 Section 935. The Illinois Public Aid Code is amended by
30 changing Sections 10-3.1, 10-10, 10-17, 10-19, 10-25,
31 10-25.5, and 12-4.7c and by adding Sections 4-1.6b, 10-10.4,
32 and 12-12.1 as follows:
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1 (305 ILCS 5/4-1.6b new)
2 Sec. 4-1.6b. Child support to recipients. The
3 Department shall pay to families receiving cash assistance
4 under this Article who have earned income an amount equal to
5 whichever of the following is greater: (1) two-thirds of the
6 current monthly child support collected on behalf of the
7 members of the assistance unit; or (2) the amount of current
8 monthly child support collected on behalf of the members of
9 the assistance unit required to be paid to the family
10 pursuant to administrative rule. The child support passed
11 through to a family pursuant to this Section shall not affect
12 the family's eligibility for assistance or decrease any
13 amount otherwise payable as assistance to the family under
14 this Article until the family's gross income from employment,
15 non-exempt unearned income, and the gross current monthly
16 child support collected on the family's behalf equals or
17 exceeds 3 times the payment level for the assistance unit, at
18 which point cash assistance to the family may be terminated.
19 (305 ILCS 5/10-3.1) (from Ch. 23, par. 10-3.1)
20 Sec. 10-3.1. Child and Spouse Support Unit. The
21 Illinois Department shall establish within its administrative
22 staff a Child and Spouse Support Unit to search for and
23 locate absent parents and spouses liable for the support of
24 persons resident in this State and to exercise the support
25 enforcement powers and responsibilities assigned the
26 Department by this Article. The unit shall cooperate with
27 all law enforcement officials in this State and with the
28 authorities of other States in locating persons responsible
29 for the support of persons resident in other States and shall
30 invite the cooperation of these authorities in the
31 performance of its duties.
32 In addition to other duties assigned the Child and Spouse
33 Support Unit by this Article, the Unit may refer to the
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1 Attorney General or units of local government with the
2 approval of the Attorney General, any actions under Sections
3 10-10 and 10-15 for judicial enforcement of the support
4 liability. The Child and Spouse Support Unit shall act for
5 the Department in referring to the Attorney General support
6 matters requiring judicial enforcement under other laws. If
7 requested by the Attorney General to so act, as provided in
8 Section 12-16, attorneys of the Unit may assist the Attorney
9 General or themselves institute actions in behalf of the
10 Illinois Department under the Revised Uniform Reciprocal
11 Enforcement of Support Act; under the Illinois Parentage Act
12 of 1984; under the Non-Support of Spouse and Children Act;
13 under the Non-Support Punishment Act; or under any other law,
14 State or Federal, providing for support of a spouse or
15 dependent child.
16 The Illinois Department shall also have the authority to
17 enter into agreements with local governmental units or
18 individuals, with the approval of the Attorney General, for
19 the collection of moneys owing because of the failure of a
20 parent to make child support payments for any child receiving
21 services under this Article. Such agreements may be on a
22 contingent fee basis, but such contingent fee shall not
23 exceed 25% of the total amount collected.
24 An attorney who provides representation pursuant to this
25 Section shall represent the Illinois Department exclusively.
26 Regardless of the designation of the plaintiff in an action
27 brought pursuant to this Section, an attorney-client
28 relationship does not exist for purposes of that action
29 between that attorney and (i) an applicant for or recipient
30 of child and spouse support services or (ii) any other party
31 to the action other than the Illinois Department. Nothing in
32 this Section shall be construed to modify any power or duty
33 (including a duty to maintain confidentiality) of the Child
34 and Spouse Support Unit or the Illinois Department otherwise
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1 provided by law.
2 The Illinois Department may also enter into agreements
3 with local governmental units for the Child and Spouse
4 Support Unit to exercise the investigative and enforcement
5 powers designated in this Article, including the issuance of
6 administrative orders under Section 10-11, in locating
7 responsible relatives and obtaining support for persons
8 applying for or receiving aid under Article VI. Payments for
9 defrayment of administrative costs and support payments
10 obtained shall be deposited into the Public Assistance
11 Recoveries Trust Fund. Support payments shall be paid over
12 to the General Assistance Fund of the local governmental unit
13 at such time or times as the agreement may specify.
14 With respect to those cases in which it has support
15 enforcement powers and responsibilities under this Article,
16 the Illinois Department may provide by rule for periodic or
17 other review of each administrative and court order for
18 support to determine whether a modification of the order
19 should be sought. The Illinois Department shall provide for
20 and conduct such review in accordance with any applicable
21 federal law and regulation.
22 As part of its process for review of orders for support,
23 the Illinois Department, through written notice, may require
24 the responsible relative to disclose his or her Social
25 Security Number and past and present information concerning
26 the relative's address, employment, gross wages, deductions
27 from gross wages, net wages, bonuses, commissions, number of
28 dependent exemptions claimed, individual and dependent health
29 insurance coverage, and any other information necessary to
30 determine the relative's ability to provide support in a case
31 receiving child and spouse support services under this
32 Article X.
33 The Illinois Department may send a written request for
34 the same information to the relative's employer. The
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1 employer shall respond to the request for information within
2 15 days after the date the employer receives the request. If
3 the employer willfully fails to fully respond within the
4 15-day period, the employer shall pay a penalty of $100 for
5 each day that the response is not provided to the Illinois
6 Department after the 15-day period has expired. The penalty
7 may be collected in a civil action which may be brought
8 against the employer in favor of the Illinois Department.
9 A written request for information sent to an employer
10 pursuant to this Section shall consist of (i) a citation of
11 this Section as the statutory authority for the request and
12 for the employer's obligation to provide the requested
13 information, (ii) a returnable form setting forth the
14 employer's name and address and listing the name of the
15 employee with respect to whom information is requested, and
16 (iii) a citation of this Section as the statutory authority
17 authorizing the employer to withhold a fee of up to $20 from
18 the wages or income to be paid to each responsible relative
19 for providing the information to the Illinois Department
20 within the 15-day period. If the employer is withholding
21 support payments from the responsible relative's income
22 pursuant to an order for withholding, the employer may
23 withhold the fee provided for in this Section only after
24 withholding support as required under the order. Any amounts
25 withheld from the responsible relative's income for payment
26 of support and the fee provided for in this Section shall not
27 be in excess of the amounts permitted under the federal
28 Consumer Credit Protection Act.
29 In a case receiving child and spouse support services,
30 the Illinois Department may request and obtain information
31 from a particular employer under this Section no more than
32 once in any 12-month period, unless the information is
33 necessary to conduct a review of a court or administrative
34 order for support at the request of the person receiving
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1 child and spouse support services.
2 The Illinois Department shall establish and maintain an
3 administrative unit to receive and transmit to the Child and
4 Spouse Support Unit information supplied by persons applying
5 for or receiving child and spouse support services under
6 Section 10-1. In addition, the Illinois Department shall
7 address and respond to any alleged deficiencies that persons
8 receiving or applying for services from the Child and Spouse
9 Support Unit may identify concerning the Child and Spouse
10 Support Unit's provision of child and spouse support
11 services. Within 60 days after an action or failure to act by
12 the Child and Spouse Support Unit that affects his or her
13 case, a recipient of or applicant for child and spouse
14 support services under Article X of this Code may request an
15 explanation of the Unit's handling of the case. At the
16 requestor's option, the explanation may be provided either
17 orally in an interview, in writing, or both. If the Illinois
18 Department fails to respond to the request for an explanation
19 or fails to respond in a manner satisfactory to the applicant
20 or recipient within 30 days from the date of the request for
21 an explanation, the applicant or recipient may request a
22 conference for further review of the matter by the Office of
23 the Administrator of the Child and Spouse Support Unit. A
24 request for a conference may be submitted at any time within
25 60 days after the explanation has been provided by the Child
26 and Spouse Support Unit or within 60 days after the time for
27 providing the explanation has expired.
28 The applicant or recipient may request a conference
29 concerning any decision denying or terminating child or
30 spouse support services under Article X of this Code, and the
31 applicant or recipient may also request a conference
32 concerning the Unit's failure to provide services or the
33 provision of services in an amount or manner that is
34 considered inadequate. For purposes of this Section, the
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1 Child and Spouse Support Unit includes all local governmental
2 units or individuals with whom the Illinois Department has
3 contracted under Section 10-3.1.
4 Upon receipt of a timely request for a conference, the
5 Office of the Administrator shall review the case. The
6 applicant or recipient requesting the conference shall be
7 entitled, at his or her option, to appear in person or to
8 participate in the conference by telephone. The applicant or
9 recipient requesting the conference shall be entitled to be
10 represented and to be afforded a reasonable opportunity to
11 review the Illinois Department's file before or at the
12 conference. At the conference, the applicant or recipient
13 requesting the conference shall be afforded an opportunity to
14 present all relevant matters in support of his or her claim.
15 Conferences shall be without cost to the applicant or
16 recipient requesting the conference and shall be conducted by
17 a representative of the Child or Spouse Support Unit who did
18 not participate in the action or inaction being reviewed.
19 The Office of the Administrator shall conduct a
20 conference and inform all interested parties, in writing, of
21 the results of the conference within 60 days from the date of
22 filing of the request for a conference.
23 In addition to its other powers and responsibilities
24 established by this Article, the Child and Spouse Support
25 Unit shall conduct an annual assessment of each institution's
26 program for institution based paternity establishment under
27 Section 12 of the Vital Records Act.
28 (Source: P.A. 90-18, eff. 7-1-97.)
29 (305 ILCS 5/10-10) (from Ch. 23, par. 10-10)
30 Sec. 10-10. Court enforcement; applicability also to
31 persons who are not applicants or recipients. Except where
32 the Illinois Department, by agreement, acts for the local
33 governmental unit, as provided in Section 10-3.1, local
-35- LRB9100065SMdvam01
1 governmental units shall refer to the State's Attorney or to
2 the proper legal representative of the governmental unit, for
3 judicial enforcement as herein provided, instances of
4 non-support or insufficient support when the dependents are
5 applicants or recipients under Article VI. The Child and
6 Spouse Support Unit established by Section 10-3.1 may
7 institute in behalf of the Illinois Department any actions
8 under this Section for judicial enforcement of the support
9 liability when the dependents are (a) applicants or
10 recipients under Articles III, IV, V or VII (b) applicants or
11 recipients in a local governmental unit when the Illinois
12 Department, by agreement, acts for the unit; or (c)
13 non-applicants or non-recipients who are receiving support
14 enforcement services under this Article X, as provided in
15 Section 10-1. Where the Child and Spouse Support Unit has
16 exercised its option and discretion not to apply the
17 provisions of Sections 10-3 through 10-8, the failure by the
18 Unit to apply such provisions shall not be a bar to bringing
19 an action under this Section.
20 Action shall be brought in the circuit court to obtain
21 support, or for the recovery of aid granted during the period
22 such support was not provided, or both for the obtainment of
23 support and the recovery of the aid provided. Actions for
24 the recovery of aid may be taken separately or they may be
25 consolidated with actions to obtain support. Such actions
26 may be brought in the name of the person or persons requiring
27 support, or may be brought in the name of the Illinois
28 Department or the local governmental unit, as the case
29 requires, in behalf of such persons.
30 The court may enter such orders for the payment of moneys
31 for the support of the person as may be just and equitable
32 and may direct payment thereof for such period or periods of
33 time as the circumstances require, including support for a
34 period before the date the order for support is entered. The
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1 order may be entered against any or all of the defendant
2 responsible relatives and may be based upon the proportionate
3 ability of each to contribute to the person's support.
4 The Court shall determine the amount of child support
5 (including child support for a period before the date the
6 order for child support is entered) by using the guidelines
7 and standards set forth in subsection (a) of Section 505 and
8 in Section 505.2 of the Illinois Marriage and Dissolution of
9 Marriage Act. For purposes of determining the amount of child
10 support to be paid for a period before the date the order for
11 child support is entered, there is a rebuttable presumption
12 that the responsible relative's net income for that period
13 was the same as his or her net income at the time the order
14 is entered.
15 If (i) the responsible relative was properly served with
16 a request for discovery of financial information relating to
17 the responsible relative's ability to provide child support,
18 (ii) the responsible relative failed to comply with the
19 request, despite having been ordered to do so by the court,
20 and (iii) the responsible relative is not present at the
21 hearing to determine support despite having received proper
22 notice, then any relevant financial information concerning
23 the responsible relative's ability to provide child support
24 that was obtained pursuant to subpoena and proper notice
25 shall be admitted into evidence without the need to establish
26 any further foundation for its admission.
27 An order entered under this Section shall include a
28 provision requiring the obligor to report to the obligee and
29 to the clerk of court within 10 days each time the obligor
30 obtains new employment, and each time the obligor's
31 employment is terminated for any reason. The report shall be
32 in writing and shall, in the case of new employment, include
33 the name and address of the new employer. Failure to report
34 new employment or the termination of current employment, if
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1 coupled with nonpayment of support for a period in excess of
2 60 days, is indirect criminal contempt. For any obligor
3 arrested for failure to report new employment bond shall be
4 set in the amount of the child support that should have been
5 paid during the period of unreported employment. An order
6 entered under this Section shall also include a provision
7 requiring the obligor and obligee parents to advise each
8 other of a change in residence within 5 days of the change
9 except when the court finds that the physical, mental, or
10 emotional health of a party or that of a minor child, or
11 both, would be seriously endangered by disclosure of the
12 party's address.
13 The Court shall determine the amount of maintenance using
14 the standards set forth in Section 504 of the Illinois
15 Marriage and Dissolution of Marriage Act.
16 Any new or existing support order entered by the court
17 under this Section shall be deemed to be a series of
18 judgments against the person obligated to pay support
19 thereunder, each such judgment to be in the amount of each
20 payment or installment of support and each such judgment to
21 be deemed entered as of the date the corresponding payment or
22 installment becomes due under the terms of the support order.
23 Each such judgment shall have the full force, effect and
24 attributes of any other judgment of this State, including the
25 ability to be enforced. Any such judgment is subject to
26 modification or termination only in accordance with Section
27 510 of the Illinois Marriage and Dissolution of Marriage Act.
28 A lien arises by operation of law against the real and
29 personal property of the noncustodial parent for each
30 installment of overdue support owed by the noncustodial
31 parent.
32 When an order is entered for the support of a minor, the
33 court may provide therein for reasonable visitation of the
34 minor by the person or persons who provided support pursuant
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1 to the order. Whoever willfully refuses to comply with such
2 visitation order or willfully interferes with its enforcement
3 may be declared in contempt of court and punished therefor.
4 Except where the local governmental unit has entered into
5 an agreement with the Illinois Department for the Child and
6 Spouse Support Unit to act for it, as provided in Section
7 10-3.1, support orders entered by the court in cases
8 involving applicants or recipients under Article VI shall
9 provide that payments thereunder be made directly to the
10 local governmental unit. Orders for the support of all other
11 applicants or recipients shall provide that payments
12 thereunder be made directly to the Illinois Department. In
13 accordance with federal law and regulations, the Illinois
14 Department may continue to collect current maintenance
15 payments or child support payments, or both, after those
16 persons cease to receive public assistance and until
17 termination of services under Article X. The Illinois
18 Department shall pay the net amount collected to those
19 persons after deducting any costs incurred in making the
20 collection or any collection fee from the amount of any
21 recovery made. In both cases the order shall permit the
22 local governmental unit or the Illinois Department, as the
23 case may be, to direct the responsible relative or relatives
24 to make support payments directly to the needy person, or to
25 some person or agency in his behalf, upon removal of the
26 person from the public aid rolls or upon termination of
27 services under Article X.
28 If the notice of support due issued pursuant to Section
29 10-7 directs that support payments be made directly to the
30 needy person, or to some person or agency in his behalf, and
31 the recipient is removed from the public aid rolls, court
32 action may be taken against the responsible relative
33 hereunder if he fails to furnish support in accordance with
34 the terms of such notice.
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1 Actions may also be brought under this Section in behalf
2 of any person who is in need of support from responsible
3 relatives, as defined in Section 2-11 of Article II who is
4 not an applicant for or recipient of financial aid under this
5 Code. In such instances, the State's Attorney of the county
6 in which such person resides shall bring action against the
7 responsible relatives hereunder. If the Illinois Department,
8 as authorized by Section 10-1, extends the support services
9 provided by this Article to spouses and dependent children
10 who are not applicants or recipients under this Code, the
11 Child and Spouse Support Unit established by Section 10-3.1
12 shall bring action against the responsible relatives
13 hereunder and any support orders entered by the court in such
14 cases shall provide that payments thereunder be made directly
15 to the Illinois Department.
16 Whenever it is determined in a proceeding to establish or
17 enforce a child support or maintenance obligation that the
18 person owing a duty of support is unemployed, the court may
19 order the person to seek employment and report periodically
20 to the court with a diary, listing or other memorandum of his
21 or her efforts in accordance with such order. Additionally,
22 the court may order the unemployed person to report to the
23 Department of Employment Security for job search services or
24 to make application with the local Jobs Training Partnership
25 Act provider for participation in job search, training or
26 work programs and where the duty of support is owed to a
27 child receiving support services under this Article X, the
28 court may order the unemployed person to report to the
29 Illinois Department for participation in job search, training
30 or work programs established under Section 9-6 and Article
31 IXA of this Code.
32 Whenever it is determined that a person owes past-due
33 support for a child receiving assistance under this Code, the
34 court shall order at the request of the Illinois Department:
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1 (1) that the person pay the past-due support in
2 accordance with a plan approved by the court; or
3 (2) if the person owing past-due support is
4 unemployed, is subject to such a plan, and is not
5 incapacitated, that the person participate in such job
6 search, training, or work programs established under
7 Section 9-6 and Article IXA of this Code as the court
8 deems appropriate.
9 A determination under this Section shall not be
10 administratively reviewable by the procedures specified in
11 Sections 10-12, and 10-13 to 10-13.10. Any determination
12 under these Sections, if made the basis of court action under
13 this Section, shall not affect the de novo judicial
14 determination required under this Section.
15 A one-time charge of 20% is imposable upon the amount of
16 past-due child support owed on July 1, 1988 which has accrued
17 under a support order entered by the court. The charge shall
18 be imposed in accordance with the provisions of Section 10-21
19 of this Code and shall be enforced by the court upon
20 petition.
21 All orders for support, when entered or modified, shall
22 include a provision requiring the non-custodial parent to
23 notify the court and, in cases in which a party is receiving
24 child and spouse support services under this Article X, the
25 Illinois Department, within 7 days, (i) of the name, address,
26 and telephone number of any new employer of the non-custodial
27 parent, (ii) whether the non-custodial parent has access to
28 health insurance coverage through the employer or other group
29 coverage and, if so, the policy name and number and the names
30 of persons covered under the policy, and (iii) of any new
31 residential or mailing address or telephone number of the
32 non-custodial parent. In any subsequent action to enforce a
33 support order, upon a sufficient showing that a diligent
34 effort has been made to ascertain the location of the
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1 non-custodial parent, service of process or provision of
2 notice necessary in the case may be made at the last known
3 address of the non-custodial parent in any manner expressly
4 provided by the Code of Civil Procedure or this Code, which
5 service shall be sufficient for purposes of due process.
6 in accordance with the Income Withholding for Support Act
7 An order for support shall include a date on which the
8 current support obligation terminates. The termination date
9 shall be no earlier than the date on which the child covered
10 by the order will attain the age of majority or is otherwise
11 emancipated. The order for support shall state that the
12 termination date does not apply to any arrearage that may
13 remain unpaid on that date. Nothing in this paragraph shall
14 be construed to prevent the court from modifying the order.
15 Upon notification in writing or by electronic
16 transmission from the Illinois Department to the clerk of the
17 court that a person who is receiving support payments under
18 this Section is receiving services under the Child Support
19 Enforcement Program established by Title IV-D of the Social
20 Security Act, any support payments subsequently received by
21 the clerk of the court shall be transmitted in accordance
22 with the instructions of the Illinois Department until the
23 Illinois Department gives notice to the clerk of the court to
24 cease the transmittal. After providing the notification
25 authorized under this paragraph, the Illinois Department
26 shall be entitled as a party to notice of any further
27 proceedings in the case. The clerk of the court shall file a
28 copy of the Illinois Department's notification in the court
29 file. The clerk's failure to file a copy of the
30 notification in the court file shall not, however, affect the
31 Illinois Department's right to receive notice of further
32 proceedings.
33 Payments under this Section to the Illinois Department
34 pursuant to the Child Support Enforcement Program established
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1 by Title IV-D of the Social Security Act shall be paid into
2 the Child Support Enforcement Trust Fund. All other payments
3 under this Section to the Illinois Department shall be
4 deposited in the Public Assistance Recoveries Trust Fund.
5 Disbursements from these funds shall be as provided in
6 Sections 12-9 and 12-10.2 of this Code. Payments received by
7 a local governmental unit shall be deposited in that unit's
8 General Assistance Fund.
9 (Source: P.A. 90-18, eff. 7-1-97; 90-539, eff. 6-1-98;
10 90-655, eff. 7-30-98; 90-673, eff. 1-1-99; 90-790, eff.
11 8-14-98; revised 9-14-98.)
12 (305 ILCS 5/10-10.4 new)
13 Sec. 10-10.4. Continuances in support enforcement cases.
14 Each party shall be granted no more than 2 continuances in a
15 court proceeding for the enforcement of a support order.
16 (305 ILCS 5/10-17) (from Ch. 23, par. 10-17)
17 Sec. 10-17. Other Actions and Remedies for Support.) The
18 procedures, actions and remedies provided in this Article
19 shall in no way be exclusive, but shall be available in
20 addition to other actions and remedies of support, including,
21 but not by way of limitation, the remedies provided in (a)
22 the "Paternity Act", approved July 5, 1957, as amended; (b)
23 the "Non-Support of Spouse and Children Act", approved June
24 24, 1915, as amended; (b-5) the Non-Support Punishment Act;
25 and (c) the "Revised Uniform Reciprocal Enforcement of
26 Support Act", approved August 28, 1969, as amended.
27 (Source: P.A. 79-474.)
28 (305 ILCS 5/10-19) (from Ch. 23, par. 10-19)
29 Sec. 10-19. (Support Payments Ordered Under Other Laws -
30 Where Deposited.) The Illinois Department and local
31 governmental units are authorized to receive payments
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1 directed by court order for the support of recipients, as
2 provided in the following Acts:
3 1. "Non-Support of Spouse and Children Act", approved
4 June 24, 1915, as amended,
5 1.5. The Non-Support Punishment Act,
6 2. "Illinois Marriage and Dissolution of Marriage Act",
7 as now or hereafter amended,
8 3. The Illinois Parentage Act, as amended,
9 4. "Revised Uniform Reciprocal Enforcement of Support
10 Act", approved August 28, 1969, as amended,
11 5. The Juvenile Court Act or the Juvenile Court Act of
12 1987, as amended,
13 6. The "Unified Code of Corrections", approved July 26,
14 1972, as amended,
15 7. Part 7 of Article XII of the Code of Civil Procedure,
16 as amended,
17 8. Part 8 of Article XII of the Code of Civil Procedure,
18 as amended, and
19 9. Other laws which may provide by judicial order for
20 direct payment of support moneys.
21 Payments under this Section to the Illinois Department
22 pursuant to the Child Support Enforcement Program established
23 by Title IV-D of the Social Security Act shall be paid into
24 the Child Support Enforcement Trust Fund. All other payments
25 under this Section to the Illinois Department shall be
26 deposited in the Public Assistance Recoveries Trust Fund.
27 Disbursements from these funds shall be as provided in
28 Sections 12-9 and 12-10.2 of this Code. Payments received by
29 a local governmental unit shall be deposited in that unit's
30 General Assistance Fund.
31 (Source: P.A. 86-1028.)
32 (305 ILCS 5/10-25)
33 Sec. 10-25. Administrative liens and levies on real
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1 property for past-due child support.
2 (a) The State shall have a lien on all legal and
3 equitable interests of responsible relatives in their real
4 property in the amount of past-due child support owing
5 pursuant to an order for child support entered under Sections
6 10-10 and 10-11 of this Code, or under the Illinois Marriage
7 and Dissolution of Marriage Act, the Non-Support of Spouse
8 and Children Act, the Non-Support Punishment Act, the Uniform
9 Interstate Family Support Act, or the Illinois Parentage Act
10 of 1984.
11 (b) The Illinois Department shall provide by rule for
12 notice to and an opportunity to be heard by each responsible
13 relative affected, and any final administrative decision
14 rendered by the Illinois Department shall be reviewed only
15 under and in accordance with the Administrative Review Law.
16 (c) When enforcing a lien under subsection (a) of this
17 Section, the Illinois Department shall have the authority to
18 execute notices of administrative liens and levies, which
19 shall contain the name and address of the responsible
20 relative, a legal description of the real property to be
21 levied, the fact that a lien is being claimed for past-due
22 child support, and such other information as the Illinois
23 Department may by rule prescribe. The Illinois Department
24 shall record the notice of lien with the recorder or
25 registrar of titles of the county or counties in which the
26 real estate is located.
27 (d) The State's lien under subsection (a) shall be
28 enforceable upon the recording or filing of a notice of lien
29 with the recorder or registrar of titles of the county or
30 counties in which the real estate is located. The lien shall
31 be prior to any lien thereafter recorded or filed and shall
32 be notice to a subsequent purchaser, assignor, or
33 encumbrancer of the existence and nature of the lien. The
34 lien shall be inferior to the lien of general taxes, special
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1 assessment, and special taxes heretofore or hereafter levied
2 by any political subdivision or municipal corporation of the
3 State.
4 In the event that title to the land to be affected by the
5 notice of lien is registered under the Registered Titles
6 (Torrens) Act, the notice shall be filed in the office of the
7 registrar of titles as a memorial or charge upon each folium
8 of the register of titles affected by the notice; but the
9 State shall not have a preference over the rights of any bona
10 fide purchaser, mortgagee, judgment creditor, or other lien
11 holders registered prior to the registration of the notice.
12 (e) The recorder or registrar of titles of each county
13 shall procure a file labeled "Child Support Lien Notices" and
14 an index book labeled "Child Support Lien Notices". When
15 notice of any lien is presented to the recorder or registrar
16 of titles for filing, the recorder or registrar of titles
17 shall file it in numerical order in the file and shall enter
18 it alphabetically in the index. The entry shall show the
19 name and last known address of the person named in the
20 notice, the serial number of the notice, the date and hour of
21 filing, and the amount of child support due at the time when
22 the lien is filed.
23 (f) The Illinois Department shall not be required to
24 furnish bond or make a deposit for or pay any costs or fees
25 of any court or officer thereof in any legal proceeding
26 involving the lien.
27 (g) To protect the lien of the State for past-due child
28 support, the Illinois Department may, from funds that are
29 available for that purpose, pay or provide for the payment of
30 necessary or essential repairs, purchase tax certificates,
31 pay balances due on land contracts, or pay or cause to be
32 satisfied any prior liens on the property to which the lien
33 hereunder applies.
34 (h) A lien on real property under this Section shall be
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1 released pursuant to Section 12-101 of the Code of Civil
2 Procedure.
3 (i) The Illinois Department, acting in behalf of the
4 State, may foreclose the lien in a judicial proceeding to the
5 same extent and in the same manner as in the enforcement of
6 other liens. The process, practice, and procedure for the
7 foreclosure shall be the same as provided in the Code of
8 Civil Procedure.
9 (Source: P.A. 90-18, eff. 7-1-97.)
10 (305 ILCS 5/10-25.5)
11 Sec. 10-25.5. Administrative liens and levies on
12 personal property for past-due child support.
13 (a) The State shall have a lien on all legal and
14 equitable interests of responsible relatives in their
15 personal property, including any account in a financial
16 institution as defined in Section 10-24, or in the case of an
17 insurance company or benefit association only in accounts as
18 defined in Section 10-24, in the amount of past-due child
19 support owing pursuant to an order for child support entered
20 under Sections 10-10 and 10-11 of this Code, or under the
21 Illinois Marriage and Dissolution of Marriage Act, the
22 Non-Support of Spouse and Children Act, the Non-Support
23 Punishment Act, the Uniform Interstate Family Support Act, or
24 the Illinois Parentage Act of 1984.
25 (b) The Illinois Department shall provide by rule for
26 notice to and an opportunity to be heard by each responsible
27 relative affected, and any final administrative decision
28 rendered by the Illinois Department shall be reviewed only
29 under and in accordance with the Administrative Review Law.
30 (c) When enforcing a lien under subsection (a) of this
31 Section, the Illinois Department shall have the authority to
32 execute notices of administrative liens and levies, which
33 shall contain the name and address of the responsible
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1 relative, a description of the property to be levied, the
2 fact that a lien is being claimed for past-due child support,
3 and such other information as the Illinois Department may by
4 rule prescribe. The Illinois Department may serve the notice
5 of lien or levy upon any financial institution where the
6 accounts as defined in Section 10-24 of the responsible
7 relative may be held, for encumbrance or surrender of the
8 accounts as defined in Section 10-24 by the financial
9 institution.
10 (d) The Illinois Department shall enforce its lien
11 against the responsible relative's personal property, other
12 than accounts as defined in Section 10-24 in financial
13 institutions, and levy upon such personal property in the
14 manner provided for enforcement of judgments contained in
15 Article XII of the Code of Civil Procedure.
16 (e) The Illinois Department shall not be required to
17 furnish bond or make a deposit for or pay any costs or fees
18 of any court or officer thereof in any legal proceeding
19 involving the lien.
20 (f) To protect the lien of the State for past-due child
21 support, the Illinois Department may, from funds that are
22 available for that purpose, pay or provide for the payment of
23 necessary or essential repairs, purchase tax certificates, or
24 pay or cause to be satisfied any prior liens on the property
25 to which the lien hereunder applies.
26 (g) A lien on personal property under this Section shall
27 be released in the manner provided under Article XII of the
28 Code of Civil Procedure. Notwithstanding the foregoing, a
29 lien under this Section on accounts as defined in Section
30 10-24 shall expire upon the passage of 120 days from the date
31 of issuance of the Notice of Lien or Levy by the Illinois
32 Department. However, the lien shall remain in effect during
33 the pendency of any appeal or protest.
34 (h) A lien created under this Section is subordinate to
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1 any prior lien of the financial institution or any prior lien
2 holder or any prior right of set-off that the financial
3 institution may have against the assets, or in the case of an
4 insurance company or benefit association only in the accounts
5 as defined in Section 10-24.
6 (i) A financial institution has no obligation under this
7 Section to hold, encumber, or surrender the assets, or in the
8 case of an insurance company or benefit association only the
9 accounts as defined in Section 10-24, until the financial
10 institution has been properly served with a subpoena,
11 summons, warrant, court or administrative order, or
12 administrative lien and levy requiring that action.
13 (Source: P.A. 90-18, eff. 7-1-97.)
14 (305 ILCS 5/12-4.7c)
15 Sec. 12-4.7c. Exchange of information after July 1, 1997.
16 (a) The Department of Human Services shall exchange with
17 the Illinois Department of Public Aid information that may be
18 necessary for the enforcement of child support orders entered
19 pursuant to Sections 10-10 and 10-11 of this Code or pursuant
20 to the Illinois Marriage and Dissolution of Marriage Act, the
21 Non-Support of Spouse and Children Act, the Non-Support
22 Punishment Act, the Revised Uniform Reciprocal Enforcement of
23 Support Act, the Uniform Interstate Family Support Act, or
24 the Illinois Parentage Act of 1984.
25 (b) Notwithstanding any provisions in this Code to the
26 contrary, the Department of Human Services shall not be
27 liable to any person for any disclosure of information to the
28 Illinois Department of Public Aid under subsection (a) or for
29 any other action taken in good faith to comply with the
30 requirements of subsection (a).
31 (Source: P.A. 90-18, eff. 7-1-97.)
32 (305 ILCS 5/12-12.1 new)
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1 Sec. 12-12.1. World Wide Web page. The Illinois
2 Department of Public Aid shall create and maintain or cause
3 to be created and maintained one or more World Wide Web pages
4 containing information on selected individuals who are in
5 arrears in their child support obligations under an Illinois
6 court order or administrative order. The information
7 regarding each of the individuals shall include the
8 individual's name, a photograph if available, the amount of
9 the child support arrearage, and any other information deemed
10 appropriate by the Illinois Department in its discretion. The
11 individuals may be chosen by the Illinois Department using
12 criteria including, but not limited to, the amount of the
13 arrearage, the effect of inclusion of an individual upon the
14 likelihood of the individual's payment of an arrearage, the
15 motivational effect that inclusion of an individual may have
16 on the willingness of other individuals to pay their
17 arrearages, or the need to locate a particular individual.
18 The Illinois Department shall make the page or pages
19 accessible to Internet users through the World Wide Web. The
20 Illinois Department, in its discretion, may change the
21 contents of the page or pages from time to time.
22 Before including information on the World Wide Web page
23 concerning an individual who owes past due support, the
24 Illinois Department shall, pursuant to rule, provide the
25 individual with notice and an opportunity to be heard. Any
26 final administrative decision rendered by the Illinois
27 Department shall be reviewed only under and in accordance
28 with the Administrative Review Law.
29 Section 940. The Vital Records Act is amended by
30 changing Section 24 as follows:
31 (410 ILCS 535/24) (from Ch. 111 1/2, par. 73-24)
32 Sec. 24. (1) To protect the integrity of vital records,
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1 to insure their proper use, and to insure the efficient and
2 proper administration of the vital records system, access to
3 vital records, and indexes thereof, including vital records
4 in the custody of local registrars and county clerks
5 originating prior to January 1, 1916, is limited to the
6 custodian and his employees, and then only for administrative
7 purposes, except that the indexes of those records in the
8 custody of local registrars and county clerks, originating
9 prior to January 1, 1916, shall be made available to persons
10 for the purpose of genealogical research. Original,
11 photographic or microphotographic reproductions of original
12 records of births 100 years old and older and deaths 50 years
13 old and older, and marriage records 75 years old and older on
14 file in the State Office of Vital Records and in the custody
15 of the county clerks may be made available for inspection in
16 the Illinois State Archives reference area, Illinois Regional
17 Archives Depositories, and other libraries approved by the
18 Illinois State Registrar and the Director of the Illinois
19 State Archives, provided that the photographic or
20 microphotographic copies are made at no cost to the county or
21 to the State of Illinois. It is unlawful for any custodian
22 to permit inspection of, or to disclose information contained
23 in, vital records, or to copy or permit to be copied, all or
24 part of any such record except as authorized by this Act or
25 regulations adopted pursuant thereto.
26 (2) The State Registrar of Vital Records, or his agent,
27 and any municipal, county, multi-county, public health
28 district, or regional health officer recognized by the
29 Department may examine vital records for the purpose only of
30 carrying out the public health programs and responsibilities
31 under his jurisdiction.
32 (3) The State Registrar of Vital Records, may disclose,
33 or authorize the disclosure of, data contained in the vital
34 records when deemed essential for bona fide research purposes
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1 which are not for private gain.
2 This amendatory Act of 1973 does not apply to any home
3 rule unit.
4 (4) The State Registrar shall exchange with the Illinois
5 Department of Public Aid information that may be necessary
6 for the establishment of paternity and the establishment,
7 modification, and enforcement of child support orders entered
8 pursuant to the Illinois Public Aid Code, the Illinois
9 Marriage and Dissolution of Marriage Act, the Non-Support of
10 Spouse and Children Act, the Non-Support Punishment Act, the
11 Revised Uniform Reciprocal Enforcement of Support Act, the
12 Uniform Interstate Family Support Act, or the Illinois
13 Parentage Act of 1984. Notwithstanding any provisions in this
14 Act to the contrary, the State Registrar shall not be liable
15 to any person for any disclosure of information to the
16 Illinois Department of Public Aid under this subsection or
17 for any other action taken in good faith to comply with the
18 requirements of this subsection.
19 (Source: P.A. 90-18, eff. 7-1-97.)
20 Section 945. The Illinois Vehicle Code is amended by
21 changing Sections 2-109.1, 7-701, 7-702, 7-702.1, and 7-703
22 and by adding Sections 7-702.2, 7-705.1 and 7-706.1 as
23 follows:
24 (625 ILCS 5/2-109.1)
25 Sec. 2-109.1. Exchange of information.
26 (a) The Secretary of State shall exchange information
27 with the Illinois Department of Public Aid which may be
28 necessary for the establishment of paternity and the
29 establishment, modification, and enforcement of child support
30 orders pursuant to the Illinois Public Aid Code, the Illinois
31 Marriage and Dissolution of Marriage Act, the Non-Support of
32 Spouse and Children Act, the Non-Support Punishment Act, the
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1 Revised Uniform Reciprocal Enforcement of Support Act, the
2 Uniform Interstate Family Support Act, or the Illinois
3 Parentage Act of 1984.
4 (b) Notwithstanding any provisions in this Code to the
5 contrary, the Secretary of State shall not be liable to any
6 person for any disclosure of information to the Illinois
7 Department of Public Aid under subsection (a) or for any
8 other action taken in good faith to comply with the
9 requirements of subsection (a).
10 (Source: P.A. 90-18, eff. 7-1-97.)
11 (625 ILCS 5/7-701)
12 Sec. 7-701. Findings and purpose. The General Assembly
13 finds that the timely receipt of adequate financial support
14 has the effect of reducing poverty and State expenditures for
15 welfare dependency among children, and that the timely
16 payment of adequate child support demonstrates financial
17 responsibility. Further, the General Assembly finds that the
18 State has a compelling interest in ensuring that drivers
19 within the State demonstrate financial responsibility,
20 including family financial responsibility, in order to safely
21 own and operate a motor vehicle. To this end, the Secretary
22 of State is authorized to establish systems a system to
23 suspend driver's licenses for failure to comply with court
24 orders of support.
25 (Source: P.A. 89-92, eff. 7-1-96.)
26 (625 ILCS 5/7-702)
27 Sec. 7-702. Suspension of driver's license for failure
28 to pay child support.
29 (a) The Secretary of State shall suspend the driver's
30 license issued to an obligor upon receiving an authenticated
31 report provided for in subsection (a) of Section 7-703, that
32 the person is 90 days or more delinquent in court ordered
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1 child support payments or has been adjudicated in arrears in
2 an amount equal to 90 days obligation or more, and has been
3 found in contempt by the court for failure to pay the
4 support.
5 (b) The circuit court shall certify in an authenticated
6 report to the Secretary of State, as provided in subsection
7 (b) of Section 7-703, when an obligor is 90 days or more
8 delinquent in court ordered child support payments or has
9 been adjudicated in arrears in an amount equal to 90 days
10 obligation or more but has not been found in contempt of
11 court. Upon receiving a certification from the circuit court
12 under this subsection (b), the Secretary of State shall
13 suspend the obligor's driver's license until such time as the
14 obligor becomes current in the support obligation.
15 (Source: P.A. 89-92, eff. 7-1-96.)
16 (625 ILCS 5/7-702.1)
17 Sec. 7-702.1. Family financial responsibility driving
18 permits. Following the entry of an order that an obligor has
19 been found in contempt by the court for failure to pay court
20 ordered child support payments or upon a motion by the
21 obligor who has had his or her driver's license suspended
22 pursuant to subsection (b) of Section 7-702, the court may
23 enter an order directing the Secretary of State to issue a
24 family financial responsibility driving permit for the
25 purpose of providing the obligor the privilege of operating a
26 motor vehicle between the obligor's residence and place of
27 employment, or within the scope of employment related duties;
28 or for the purpose of providing transportation for the
29 obligor or a household member to receive alcohol treatment,
30 other drug treatment, or medical care. The court may enter
31 an order directing the issuance of a permit only if the
32 obligor has proven to the satisfaction of the court that no
33 alternative means of transportation are reasonably available
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1 for the above stated purposes. No permit shall be issued to
2 a person under the age of 16 years who possesses an
3 instruction permit.
4 Upon entry of an order granting the issuance of a permit
5 to an obligor, the court shall report this finding to the
6 Secretary of State on a form prescribed by the Secretary.
7 This form shall state whether the permit has been granted for
8 employment or medical purposes and the specific days and
9 hours for which limited driving privileges have been granted.
10 The family financial responsibility driving permit shall
11 be subject to cancellation, invalidation, suspension, and
12 revocation by the Secretary of State in the same manner and
13 for the same reasons as a driver's license may be cancelled,
14 invalidated, suspended, or revoked.
15 The Secretary of State shall, upon receipt of a certified
16 court order from the court of jurisdiction, issue a family
17 financial responsibility driving permit. In order for this
18 permit to be issued, an individual's driving privileges must
19 be valid except for the family financial responsibility
20 suspension. This permit shall be valid only for employment
21 and medical purposes as set forth above. The permit shall
22 state the days and hours for which limited driving privileges
23 have been granted.
24 Any submitted court order that contains insufficient data
25 or fails to comply with any provision of this Code shall not
26 be used for issuance of the permit or entered to the
27 individual's driving record but shall be returned to the
28 court of jurisdiction indicating why the permit cannot be
29 issued at that time. The Secretary of State shall also send
30 notice of the return of the court order to the individual
31 requesting the permit.
32 (Source: P.A. 89-92, eff. 7-1-96; 90-369, eff. 1-1-98.)
33 (625 ILCS 5/7-702.2 new)
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1 Sec. 7-702.2. Written agreement to pay past-due support.
2 (a) An obligor who is presently unable to pay all
3 past-due support and is subject to having his or her license
4 suspended pursuant to subsection (b) of Section 7-702 may
5 come into compliance with the court order for support by
6 executing a written payment agreement that is approved by the
7 court and by complying with that agreement. A condition of a
8 written payment agreement must be that the obligor pay the
9 current child support when due. Before a written payment
10 agreement is executed, the obligor shall:
11 (1) Disclose fully to the court in writing, on a
12 form prescribed by the court, the obligor's financial
13 circumstances, including income from all sources, assets,
14 liabilities, and work history for the past year; and
15 (2) Provide documentation to the court concerning
16 the obligor's financial circumstances, including copies
17 of the most recent State and federal income tax returns,
18 both personal and business; a copy of a recent pay stub
19 representative of a current income; and copies of other
20 records that show the obligor's income and the present
21 level of assets held by the obligor.
22 (b) After full disclosure, the court may determine the
23 obligor's ability to pay past-due support and may approve a
24 written payment agreement consistent with the obligor's
25 ability to pay, not to exceed the court-ordered support.
26 (625 ILCS 5/7-703)
27 Sec. 7-703. Courts to report non-payment of court
28 ordered support.
29 (a) The clerk of the circuit court, as provided in
30 subsection (b) of Section 7-702 of this Act and subsection
31 (b) of Section 505 of the Illinois Marriage and Dissolution
32 of Marriage Act or as provided in Section 15 of the Illinois
33 Parentage Act of 1984, shall forward to the Secretary of
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1 State, on a form prescribed by the Secretary, an
2 authenticated document certifying the court's order
3 suspending the driving privileges of the obligor. For any
4 such certification, the clerk of the court shall charge the
5 obligor a fee of $5 as provided in the Clerks of Courts Act.
6 (b) If an obligor is 90 days or more delinquent in court
7 ordered child support payments or has been adjudicated in
8 arrears in an amount equal to 90 days obligation or more but
9 has not been held in contempt of court, the circuit court
10 shall forward to the Secretary of State an authenticated
11 document certifying that an obligor is 90 days or more
12 delinquent in court ordered child support payments or has
13 been adjudicated in arrears in an amount equal to 90 days
14 obligation or more.
15 (Source: P.A. 89-92, eff. 7-1-96; 89-626, eff. 8-9-96.)
16 (625 ILCS 5/7-705.1 new)
17 Sec. 7-705.1. Notice of noncompliance with support
18 order. Before forwarding to the Secretary of State the
19 authenticated report under subsection (b) of Section 7-703,
20 the circuit court must serve notice upon the obligor of its
21 intention to certify the obligor to the Secretary of State as
22 an individual who is not in compliance with an order of
23 support. The notice must inform the obligor that:
24 (a) If the obligor is presently unable to pay all
25 past-due support, the obligor may come into compliance with
26 the support order by executing a written payment agreement
27 with the court, as provided in Section 7-702.2, and by
28 complying with that agreement;
29 (b) The obligor may contest the issue of compliance at a
30 hearing;
31 (c) A request for a hearing must be made in writing and
32 must be received by the clerk of the circuit court;
33 (d) If the obligor does not request a hearing to contest
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1 the issue of compliance, the obligor's driver's license shall
2 be suspended on the 45th day following the date of mailing of
3 the notice of noncompliance;
4 (e) If the circuit court certifies the obligor to the
5 Secretary of State for noncompliance with an order of
6 support, the Secretary of State must suspend any driver's
7 license or instruction permit the obligor holds and the
8 obligor's right to apply for or obtain a driver's license or
9 instruction permit until the obligor comes into compliance
10 with the order of support;
11 (f) If the obligor files a motion to modify support with
12 the court or requests the court to modify a support
13 obligation, the circuit court shall stay action to certify
14 the obligor to the Secretary of State for noncompliance with
15 an order of support; and
16 (g) The obligor may comply with an order of support by
17 doing all of the following:
18 (1) Paying the current support;
19 (2) Paying all past-due support or, if unable to
20 pay all past-due support and a periodic payment for past
21 due support has not been ordered by the court, by making
22 periodic payments in accordance with a written payment
23 agreement approved by the court; and
24 (3) Meeting the obligor's health insurance
25 obligation.
26 The notice must include the address and telephone number
27 of the clerk of the circuit court. The clerk of the circuit
28 court shall attach a copy of the obligor's order of support
29 to the notice. The notice must be served by certified mail,
30 return receipt requested, by service in hand, or as specified
31 in the Code of Civil Procedure.
32 (625 ILCS 5/7-706.1 new)
33 Sec. 7-706.1. Hearing for compliance with support order.
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1 (a) An obligor may request in writing to the clerk of
2 the circuit court a hearing to contest the claim of
3 noncompliance with an order of support and his or her
4 subsequent driver's license suspension under subsection (b)
5 of Section 7-702.
6 (b) If a written request for a hearing is received by
7 the clerk of the circuit court, the clerk of the circuit
8 court shall set the hearing before the circuit court.
9 (c) Upon the obligor's written request, the court must
10 set a date for a hearing and afford the obligor an
11 opportunity for a hearing as early as practical.
12 (d) The scope of this hearing is limited to the
13 following issues:
14 (1) Whether the obligor is required to pay child
15 support under an order of support.
16 (2) Whether the obligor is 90 days or more
17 delinquent in court ordered child support payments or has
18 been adjudicated in arrears in an amount equal to 90 days
19 obligation or more.
20 (3) Any additional issues raised by the obligor,
21 including the reasonableness of a payment agreement in
22 light of the obligor's current financial circumstances,
23 to be preserved for appeal.
24 (e) All hearings and hearing procedures shall comply
25 with requirements of the Illinois Constitution and the United
26 States Constitution, so that no person is deprived of due
27 process of law nor denied equal protection of the laws. All
28 hearings shall be held before a judge of the circuit court in
29 the county in which the support order has been entered.
30 Appropriate records of the hearings shall be kept. Where a
31 transcript of the hearing is taken, the person requesting the
32 hearing shall have the opportunity to order a copy of the
33 transcript at his or her own expense.
34 (f) The action of the circuit court resulting in the
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1 suspension of any driver's license shall be a final judgment
2 for purposes of appellate review.
3 Section 950. The Clerks of Courts Act is amended b