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91_SB1063
LRB9101195SMdvA
1 AN ACT regarding child support.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The State Comptroller Act is amended by
5 changing Section 10.05a as follows:
6 (15 ILCS 405/10.05a) (from Ch. 15, par. 210.05a)
7 Sec. 10.05a. Deductions from Warrants and Payments for
8 Satisfaction of Past Due Child Support. At the direction of
9 the Department of Public Aid, the Comptroller shall deduct
10 from a warrant or other payment described in Section 10.05 of
11 this Act, in accordance with the procedures provided therein,
12 and pay over to the State Disbursement Unit established under
13 Section 10-26 of the Illinois Public Aid Code Department that
14 amount certified as necessary to satisfy, in whole or in
15 part, past due support owed by a person on account of support
16 action being taken by the Department under Article X of The
17 Illinois Public Aid Code, whether or not such support is owed
18 to the State. Such deduction shall have priority over any
19 garnishment except that for payment of state or federal
20 taxes. In the case of joint payees, the Comptroller shall
21 deduct and pay over to the State Disbursement Unit Department
22 deposited in, or transferred to, the
15 Child Support Enforcement Trust Fund. The Department of
16 Revenue may implement this Section through the use of
17 emergency rules in accordance with Section 5-45 of the
18 Illinois Administrative Procedure Act. For purposes of the
19 Illinois Administrative Procedure Act, the adoption of rules
20 to implement this Section shall be considered an emergency
21 and necessary for the public interest, safety, and welfare.
22 (Source: P.A. 89-6, eff. 12-31-95; 90-491, eff. 1-1-98.)
23 Section 15. The Illinois Income Tax Act is amended by
24 changing Section 901 as follows:
25 (35 ILCS 5/901) (from Ch. 120, par. 9-901)
26 Sec. 901. Collection Authority.
27 (a) In general.
28 The Department shall collect the taxes imposed by this
29 Act. The Department shall collect certified past due child
30 support amounts under Section 39b52 of the Civil
31 Administrative Code of Illinois. Except as provided in
32 subsections (c) and (e) of this Section, money collected
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1 pursuant to subsections (a) and (b) of Section 201 of this
2 Act shall be paid into the General Revenue Fund in the State
3 treasury; money collected pursuant to subsections (c) and (d)
4 of Section 201 of this Act shall be paid into the Personal
5 Property Tax Replacement Fund, a special fund in the State
6 Treasury; and money collected under Section 39b52 of the
7 Civil Administrative Code of Illinois shall be paid to the
8 State Disbursement Unit established under Section 10-26 of
9 the Illinois Public Aid Code into the Child Support
10 Enforcement Trust Fund, a special fund outside the State
11 Treasury.
12 (b) Local Governmental Distributive Fund.
13 Beginning August 1, 1969, and continuing through June 30,
14 1994, the Treasurer shall transfer each month from the
15 General Revenue Fund to a special fund in the State treasury,
16 to be known as the "Local Government Distributive Fund", an
17 amount equal to 1/12 of the net revenue realized from the tax
18 imposed by subsections (a) and (b) of Section 201 of this Act
19 during the preceding month. Beginning July 1, 1994, and
20 continuing through June 30, 1995, the Treasurer shall
21 transfer each month from the General Revenue Fund to the
22 Local Government Distributive Fund an amount equal to 1/11 of
23 the net revenue realized from the tax imposed by subsections
24 (a) and (b) of Section 201 of this Act during the preceding
25 month. Beginning July 1, 1995, the Treasurer shall transfer
26 each month from the General Revenue Fund to the Local
27 Government Distributive Fund an amount equal to 1/10 of the
28 net revenue realized from the tax imposed by subsections (a)
29 and (b) of Section 201 of the Illinois Income Tax Act during
30 the preceding month. Net revenue realized for a month shall
31 be defined as the revenue from the tax imposed by subsections
32 (a) and (b) of Section 201 of this Act which is deposited in
33 the General Revenue Fund, the Educational Assistance Fund and
34 the Income Tax Surcharge Local Government Distributive Fund
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1 during the month minus the amount paid out of the General
2 Revenue Fund in State warrants during that same month as
3 refunds to taxpayers for overpayment of liability under the
4 tax imposed by subsections (a) and (b) of Section 201 of this
5 Act.
6 (c) Deposits Into Income Tax Refund Fund.
7 (1) Beginning on January 1, 1989 and thereafter,
8 the Department shall deposit a percentage of the amounts
9 collected pursuant to subsections (a) and (b)(1), (2),
10 and (3), of Section 201 of this Act into a fund in the
11 State treasury known as the Income Tax Refund Fund. The
12 Department shall deposit 6% of such amounts during the
13 period beginning January 1, 1989 and ending on June 30,
14 1989. Beginning with State fiscal year 1990 and for each
15 fiscal year thereafter, the percentage deposited into the
16 Income Tax Refund Fund during a fiscal year shall be the
17 Annual Percentage. For fiscal years 1999 through 2001,
18 the Annual Percentage shall be 7.1%. For all other
19 fiscal years, the Annual Percentage shall be calculated
20 as a fraction, the numerator of which shall be the amount
21 of refunds approved for payment by the Department during
22 the preceding fiscal year as a result of overpayment of
23 tax liability under subsections (a) and (b)(1), (2), and
24 (3) of Section 201 of this Act plus the amount of such
25 refunds remaining approved but unpaid at the end of the
26 preceding fiscal year, the denominator of which shall be
27 the amounts which will be collected pursuant to
28 subsections (a) and (b)(1), (2), and (3) of Section 201
29 of this Act during the preceding fiscal year. The
30 Director of Revenue shall certify the Annual Percentage
31 to the Comptroller on the last business day of the fiscal
32 year immediately preceding the fiscal year for which it
33 is to be effective.
34 (2) Beginning on January 1, 1989 and thereafter,
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1 the Department shall deposit a percentage of the amounts
2 collected pursuant to subsections (a) and (b)(6), (7),
3 and (8), (c) and (d) of Section 201 of this Act into a
4 fund in the State treasury known as the Income Tax Refund
5 Fund. The Department shall deposit 18% of such amounts
6 during the period beginning January 1, 1989 and ending on
7 June 30, 1989. Beginning with State fiscal year 1990 and
8 for each fiscal year thereafter, the percentage deposited
9 into the Income Tax Refund Fund during a fiscal year
10 shall be the Annual Percentage. For fiscal years 1999,
11 2000, and 2001, the Annual Percentage shall be 19%. For
12 all other fiscal years, the Annual Percentage shall be
13 calculated as a fraction, the numerator of which shall be
14 the amount of refunds approved for payment by the
15 Department during the preceding fiscal year as a result
16 of overpayment of tax liability under subsections (a) and
17 (b)(6), (7), and (8), (c) and (d) of Section 201 of this
18 Act plus the amount of such refunds remaining approved
19 but unpaid at the end of the preceding fiscal year, the
20 denominator of which shall be the amounts which will be
21 collected pursuant to subsections (a) and (b)(6), (7),
22 and (8), (c) and (d) of Section 201 of this Act during
23 the preceding fiscal year. The Director of Revenue shall
24 certify the Annual Percentage to the Comptroller on the
25 last business day of the fiscal year immediately
26 preceding the fiscal year for which it is to be
27 effective.
28 (d) Expenditures from Income Tax Refund Fund.
29 (1) Beginning January 1, 1989, money in the Income
30 Tax Refund Fund shall be expended exclusively for the
31 purpose of paying refunds resulting from overpayment of
32 tax liability under Section 201 of this Act and for
33 making transfers pursuant to this subsection (d).
34 (2) The Director shall order payment of refunds
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1 resulting from overpayment of tax liability under Section
2 201 of this Act from the Income Tax Refund Fund only to
3 the extent that amounts collected pursuant to Section 201
4 of this Act and transfers pursuant to this subsection (d)
5 have been deposited and retained in the Fund.
6 (3) As soon as possible after the end of each
7 fiscal year, the Director shall order transferred and the
8 State Treasurer and State Comptroller shall transfer from
9 the Income Tax Refund Fund to the Personal Property Tax
10 Replacement Fund an amount, certified by the Director to
11 the Comptroller, equal to the excess of the amount
12 collected pursuant to subsections (c) and (d) of Section
13 201 of this Act deposited into the Income Tax Refund Fund
14 during the fiscal year over the amount of refunds
15 resulting from overpayment of tax liability under
16 subsections (c) and (d) of Section 201 of this Act paid
17 from the Income Tax Refund Fund during the fiscal year.
18 (4) As soon as possible after the end of each
19 fiscal year, the Director shall order transferred and the
20 State Treasurer and State Comptroller shall transfer from
21 the Personal Property Tax Replacement Fund to the Income
22 Tax Refund Fund an amount, certified by the Director to
23 the Comptroller, equal to the excess of the amount of
24 refunds resulting from overpayment of tax liability under
25 subsections (c) and (d) of Section 201 of this Act paid
26 from the Income Tax Refund Fund during the fiscal year
27 over the amount collected pursuant to subsections (c) and
28 (d) of Section 201 of this Act deposited into the Income
29 Tax Refund Fund during the fiscal year.
30 (4.5) As soon as possible after the end of fiscal
31 year 1999 and of each fiscal year thereafter, the
32 Director shall order transferred and the State Treasurer
33 and State Comptroller shall transfer from the Income Tax
34 Refund Fund to the General Revenue Fund any surplus
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1 remaining in the Income Tax Refund Fund as of the end of
2 such fiscal year.
3 (5) This Act shall constitute an irrevocable and
4 continuing appropriation from the Income Tax Refund Fund
5 for the purpose of paying refunds upon the order of the
6 Director in accordance with the provisions of this
7 Section.
8 (e) Deposits into the Education Assistance Fund and the
9 Income Tax Surcharge Local Government Distributive Fund.
10 On July 1, 1991, and thereafter, of the amounts collected
11 pursuant to subsections (a) and (b) of Section 201 of this
12 Act, minus deposits into the Income Tax Refund Fund, the
13 Department shall deposit 7.3% into the Education Assistance
14 Fund in the State Treasury. Beginning July 1, 1991, and
15 continuing through January 31, 1993, of the amounts collected
16 pursuant to subsections (a) and (b) of Section 201 of the
17 Illinois Income Tax Act, minus deposits into the Income Tax
18 Refund Fund, the Department shall deposit 3.0% into the
19 Income Tax Surcharge Local Government Distributive Fund in
20 the State Treasury. Beginning February 1, 1993 and
21 continuing through June 30, 1993, of the amounts collected
22 pursuant to subsections (a) and (b) of Section 201 of the
23 Illinois Income Tax Act, minus deposits into the Income Tax
24 Refund Fund, the Department shall deposit 4.4% into the
25 Income Tax Surcharge Local Government Distributive Fund in
26 the State Treasury. Beginning July 1, 1993, and continuing
27 through June 30, 1994, of the amounts collected under
28 subsections (a) and (b) of Section 201 of this Act, minus
29 deposits into the Income Tax Refund Fund, the Department
30 shall deposit 1.475% into the Income Tax Surcharge Local
31 Government Distributive Fund in the State Treasury.
32 (Source: P.A. 89-6, eff. 12-31-95; 90-613, eff. 7-9-98;
33 90-655, eff. 7-30-98.)
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1 Section 20. The Illinois Public Aid Code is amended by
2 changing Sections 10-8, 10-10, 10-16, 10-17.9, 10-19, 12-9,
3 and 12-10.2 and by adding Sections 10-10.4, 10-26, and 12-8.1
4 as follows:
5 (305 ILCS 5/10-8) (from Ch. 23, par. 10-8)
6 Sec. 10-8. Support Payments - Partial Support - Full
7 Support.) The notice to responsible relatives issued
8 pursuant to Section 10-7 shall direct payment (a) to the
9 Illinois Department in cases of applicants and recipients
10 under Articles III, IV, V and VII, (b) except as provided in
11 Section 10-3.1, to the local governmental unit in the case of
12 applicants and recipients under Article VI, and (c) to the
13 Illinois Department in cases of non-applicants and
14 non-recipients given access to the child and spouse support
15 services of this Article, as provided by Section 10-1.
16 However, if the support payments by responsible relatives are
17 sufficient to meet needs of a recipient in full, including
18 current and anticipated medical needs, and the Illinois
19 Department or the local governmental unit, as the case may
20 be, has reasonable grounds to believe that such needs will
21 continue to be provided in full by the responsible relatives,
22 the relatives may be directed to make subsequent support
23 payments to the needy person or to some person or agency in
24 his behalf and the recipient shall be removed from the rolls.
25 In such instance the recipient also shall be notified by
26 registered or certified mail of the action taken. If a
27 recipient removed from the rolls requests the Illinois
28 Department to continue to collect the support payments in his
29 behalf, the Department, at its option, may do so and pay
30 amounts so collected to the person. The Department may
31 provide for deducting any costs incurred by it in making the
32 collection from the amount of any recovery made and pay only
33 the net amount to the person.
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1 Except for payments to the State Disbursement Unit
2 established under Section 10-26 of this Code, payments under
3 this Section to the Illinois Department pursuant to the Child
4 Support Enforcement Program established by Title IV-D of the
5 Social Security Act shall be paid into the Child Support
6 Enforcement Trust Fund. All other payments under this Section
7 to the Illinois Department shall be deposited in the Public
8 Assistance Recoveries Trust Fund. Disbursements from these
9 funds shall be as provided in Sections 12-9 and 12-10.2 of
10 this Code. Payments received by a local governmental unit
11 shall be deposited in that unit's General Assistance Fund.
12 (Source: P.A. 83-1126.)
13 (305 ILCS 5/10-10) (from Ch. 23, par. 10-10)
14 Sec. 10-10. Court enforcement; applicability also to
15 persons who are not applicants or recipients. Except where
16 the Illinois Department, by agreement, acts for the local
17 governmental unit, as provided in Section 10-3.1, local
18 governmental units shall refer to the State's Attorney or to
19 the proper legal representative of the governmental unit, for
20 judicial enforcement as herein provided, instances of
21 non-support or insufficient support when the dependents are
22 applicants or recipients under Article VI. The Child and
23 Spouse Support Unit established by Section 10-3.1 may
24 institute in behalf of the Illinois Department any actions
25 under this Section for judicial enforcement of the support
26 liability when the dependents are (a) applicants or
27 recipients under Articles III, IV, V or VII (b) applicants or
28 recipients in a local governmental unit when the Illinois
29 Department, by agreement, acts for the unit; or (c)
30 non-applicants or non-recipients who are receiving support
31 enforcement services under this Article X, as provided in
32 Section 10-1. Where the Child and Spouse Support Unit has
33 exercised its option and discretion not to apply the
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1 provisions of Sections 10-3 through 10-8, the failure by the
2 Unit to apply such provisions shall not be a bar to bringing
3 an action under this Section.
4 Action shall be brought in the circuit court to obtain
5 support, or for the recovery of aid granted during the period
6 such support was not provided, or both for the obtainment of
7 support and the recovery of the aid provided. Actions for
8 the recovery of aid may be taken separately or they may be
9 consolidated with actions to obtain support. Such actions
10 may be brought in the name of the person or persons requiring
11 support, or may be brought in the name of the Illinois
12 Department or the local governmental unit, as the case
13 requires, in behalf of such persons.
14 The court may enter such orders for the payment of moneys
15 for the support of the person as may be just and equitable
16 and may direct payment thereof for such period or periods of
17 time as the circumstances require, including support for a
18 period before the date the order for support is entered. The
19 order may be entered against any or all of the defendant
20 responsible relatives and may be based upon the proportionate
21 ability of each to contribute to the person's support.
22 The Court shall determine the amount of child support
23 (including child support for a period before the date the
24 order for child support is entered) by using the guidelines
25 and standards set forth in subsection (a) of Section 505 and
26 in Section 505.2 of the Illinois Marriage and Dissolution of
27 Marriage Act. For purposes of determining the amount of child
28 support to be paid for a period before the date the order for
29 child support is entered, there is a rebuttable presumption
30 that the responsible relative's net income for that period
31 was the same as his or her net income at the time the order
32 is entered.
33 An order entered under this Section shall include a
34 provision requiring the obligor to report to the obligee and
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1 to the clerk of court within 10 days each time the obligor
2 obtains new employment, and each time the obligor's
3 employment is terminated for any reason. The report shall be
4 in writing and shall, in the case of new employment, include
5 the name and address of the new employer. Failure to report
6 new employment or the termination of current employment, if
7 coupled with nonpayment of support for a period in excess of
8 60 days, is indirect criminal contempt. For any obligor
9 arrested for failure to report new employment bond shall be
10 set in the amount of the child support that should have been
11 paid during the period of unreported employment. An order
12 entered under this Section shall also include a provision
13 requiring the obligor and obligee parents to advise each
14 other of a change in residence within 5 days of the change
15 except when the court finds that the physical, mental, or
16 emotional health of a party or that of a minor child, or
17 both, would be seriously endangered by disclosure of the
18 party's address.
19 The Court shall determine the amount of maintenance using
20 the standards set forth in Section 504 of the Illinois
21 Marriage and Dissolution of Marriage Act.
22 Any new or existing support order entered by the court
23 under this Section shall be deemed to be a series of
24 judgments against the person obligated to pay support
25 thereunder, each such judgment to be in the amount of each
26 payment or installment of support and each such judgment to
27 be deemed entered as of the date the corresponding payment or
28 installment becomes due under the terms of the support order.
29 Each such judgment shall have the full force, effect and
30 attributes of any other judgment of this State, including the
31 ability to be enforced. Any such judgment is subject to
32 modification or termination only in accordance with Section
33 510 of the Illinois Marriage and Dissolution of Marriage Act.
34 A lien arises by operation of law against the real and
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1 personal property of the noncustodial parent for each
2 installment of overdue support owed by the noncustodial
3 parent.
4 When an order is entered for the support of a minor, the
5 court may provide therein for reasonable visitation of the
6 minor by the person or persons who provided support pursuant
7 to the order. Whoever willfully refuses to comply with such
8 visitation order or willfully interferes with its enforcement
9 may be declared in contempt of court and punished therefor.
10 Except where the local governmental unit has entered into
11 an agreement with the Illinois Department for the Child and
12 Spouse Support Unit to act for it, as provided in Section
13 10-3.1, support orders entered by the court in cases
14 involving applicants or recipients under Article VI shall
15 provide that payments thereunder be made directly to the
16 local governmental unit. Orders for the support of all other
17 applicants or recipients shall provide that payments
18 thereunder be made directly to the Illinois Department. In
19 accordance with federal law and regulations, the Illinois
20 Department may continue to collect current maintenance
21 payments or child support payments, or both, after those
22 persons cease to receive public assistance and until
23 termination of services under Article X. The Illinois
24 Department shall pay the net amount collected to those
25 persons after deducting any costs incurred in making the
26 collection or any collection fee from the amount of any
27 recovery made. In both cases the order shall permit the
28 local governmental unit or the Illinois Department, as the
29 case may be, to direct the responsible relative or relatives
30 to make support payments directly to the needy person, or to
31 some person or agency in his behalf, upon removal of the
32 person from the public aid rolls or upon termination of
33 services under Article X.
34 If the notice of support due issued pursuant to Section
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1 10-7 directs that support payments be made directly to the
2 needy person, or to some person or agency in his behalf, and
3 the recipient is removed from the public aid rolls, court
4 action may be taken against the responsible relative
5 hereunder if he fails to furnish support in accordance with
6 the terms of such notice.
7 Actions may also be brought under this Section in behalf
8 of any person who is in need of support from responsible
9 relatives, as defined in Section 2-11 of Article II who is
10 not an applicant for or recipient of financial aid under this
11 Code. In such instances, the State's Attorney of the county
12 in which such person resides shall bring action against the
13 responsible relatives hereunder. If the Illinois Department,
14 as authorized by Section 10-1, extends the support services
15 provided by this Article to spouses and dependent children
16 who are not applicants or recipients under this Code, the
17 Child and Spouse Support Unit established by Section 10-3.1
18 shall bring action against the responsible relatives
19 hereunder and any support orders entered by the court in such
20 cases shall provide that payments thereunder be made directly
21 to the Illinois Department.
22 Whenever it is determined in a proceeding to establish or
23 enforce a child support or maintenance obligation that the
24 person owing a duty of support is unemployed, the court may
25 order the person to seek employment and report periodically
26 to the court with a diary, listing or other memorandum of his
27 or her efforts in accordance with such order. Additionally,
28 the court may order the unemployed person to report to the
29 Department of Employment Security for job search services or
30 to make application with the local Jobs Training Partnership
31 Act provider for participation in job search, training or
32 work programs and where the duty of support is owed to a
33 child receiving support services under this Article X, the
34 court may order the unemployed person to report to the
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1 Illinois Department for participation in job search, training
2 or work programs established under Section 9-6 and Article
3 IXA of this Code.
4 Whenever it is determined that a person owes past-due
5 support for a child receiving assistance under this Code, the
6 court shall order at the request of the Illinois Department:
7 (1) that the person pay the past-due support in
8 accordance with a plan approved by the court; or
9 (2) if the person owing past-due support is
10 unemployed, is subject to such a plan, and is not
11 incapacitated, that the person participate in such job
12 search, training, or work programs established under
13 Section 9-6 and Article IXA of this Code as the court
14 deems appropriate.
15 A determination under this Section shall not be
16 administratively reviewable by the procedures specified in
17 Sections 10-12, and 10-13 to 10-13.10. Any determination
18 under these Sections, if made the basis of court action under
19 this Section, shall not affect the de novo judicial
20 determination required under this Section.
21 A one-time charge of 20% is imposable upon the amount of
22 past-due child support owed on July 1, 1988 which has accrued
23 under a support order entered by the court. The charge shall
24 be imposed in accordance with the provisions of Section 10-21
25 of this Code and shall be enforced by the court upon
26 petition.
27 All orders for support, when entered or modified, shall
28 include a provision requiring the non-custodial parent to
29 notify the court and, in cases in which a party is receiving
30 child and spouse support services under this Article X, the
31 Illinois Department, within 7 days, (i) of the name, address,
32 and telephone number of any new employer of the non-custodial
33 parent, (ii) whether the non-custodial parent has access to
34 health insurance coverage through the employer or other group
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1 coverage and, if so, the policy name and number and the names
2 of persons covered under the policy, and (iii) of any new
3 residential or mailing address or telephone number of the
4 non-custodial parent. In any subsequent action to enforce a
5 support order, upon a sufficient showing that a diligent
6 effort has been made to ascertain the location of the
7 non-custodial parent, service of process or provision of
8 notice necessary in the case may be made at the last known
9 address of the non-custodial parent in any manner expressly
10 provided by the Code of Civil Procedure or this Code, which
11 service shall be sufficient for purposes of due process.
12 in accordance with the Income Withholding for Support Act
13 An order for support shall include a date on which the
14 current support obligation terminates. The termination date
15 shall be no earlier than the date on which the child covered
16 by the order will attain the age of majority or is otherwise
17 emancipated. The order for support shall state that the
18 termination date does not apply to any arrearage that may
19 remain unpaid on that date. Nothing in this paragraph shall
20 be construed to prevent the court from modifying the order.
21 Upon notification in writing or by electronic
22 transmission from the Illinois Department to the clerk of the
23 court that a person who is receiving support payments under
24 this Section is receiving services under the Child Support
25 Enforcement Program established by Title IV-D of the Social
26 Security Act, any support payments subsequently received by
27 the clerk of the court shall be transmitted in accordance
28 with the instructions of the Illinois Department until the
29 Illinois Department gives notice to the clerk of the court to
30 cease the transmittal. After providing the notification
31 authorized under this paragraph, the Illinois Department
32 shall be entitled as a party to notice of any further
33 proceedings in the case. The clerk of the court shall file a
34 copy of the Illinois Department's notification in the court
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1 file. The clerk's failure to file a copy of the
2 notification in the court file shall not, however, affect the
3 Illinois Department's right to receive notice of further
4 proceedings.
5 Except for payments to the State Disbursement Unit
6 established under Section 10-26 of this Code, payments under
7 this Section to the Illinois Department pursuant to the Child
8 Support Enforcement Program established by Title IV-D of the
9 Social Security Act shall be paid into the Child Support
10 Enforcement Trust Fund. All other payments under this Section
11 to the Illinois Department shall be deposited in the Public
12 Assistance Recoveries Trust Fund. Disbursements from these
13 funds shall be as provided in Sections 12-9 and 12-10.2 of
14 this Code. Payments received by a local governmental unit
15 shall be deposited in that unit's General Assistance Fund.
16 (Source: P.A. 90-18, eff. 7-1-97; 90-539, eff. 6-1-98;
17 90-655, eff. 7-30-98; 90-673, eff. 1-1-99; 90-790, eff.
18 8-14-98; revised 9-14-98.)
19 (305 ILCS 5/10-10.4 new)
20 Sec. 10-10.4. Payment of Support to State Disbursement
21 Unit.
22 (a) As used in this Section:
23 "Order for support", "obligor", "obligee", and "payor"
24 mean those terms as defined in the Income Withholding for
25 Support Act.
26 (b) Notwithstanding any other provision of this Code to
27 the contrary, each court or administrative order for support
28 entered or modified on or after October 1, 1999 shall require
29 that support payments be made to the State Disbursement Unit
30 established under Section 10-26 if:
31 (1) a party to the order is receiving child and
32 spouse support services under this Article X; or
33 (2) no party to the order is receiving child and
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1 spouse support services, but the support payments are
2 made through income withholding.
3 (c) The Illinois Department shall provide notice to the
4 obligor and, where applicable, to the obligor's payor to make
5 support payments to the State Disbursement Unit if:
6 (1) the order for support was entered before
7 October 1, 1999, and a party to the order is receiving
8 child and spouse support services under this Article X;
9 or
10 (2) the order for support was entered before
11 October 1, 1999, no party to the order is receiving child
12 and spouse support services, and the support payments are
13 being made through income withholding.
14 (d) The notice required under subsection (c) may be sent
15 by ordinary mail, certified mail, return receipt requested,
16 facsimile transmission, or other electronic process, or may
17 be served upon the obligor or payor using any method provided
18 by law for service of a summons. A copy of the notice shall
19 be provided to the obligee and, when the order for support
20 was entered by the court, to the clerk of the court. The
21 clerk shall file the clerk's copy of the notice in the court
22 file.
23 (305 ILCS 5/10-16) (from Ch. 23, par. 10-16)
24 Sec. 10-16. Judicial enforcement of court and
25 administrative support orders.) Court orders entered in
26 proceedings under Section 10-10 and court orders for
27 enforcement of an administrative order under Section 10-15
28 and for the payment of money may be enforced by attachment as
29 for contempt against the persons of the defendants, and in
30 addition, as other judgments for the payment of money, and
31 costs may be adjudged against the defendants and apportioned
32 among them; but if the complaint is dismissed, costs shall be
33 borne by the Illinois Department or the local governmental
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1 unit, as the case may be. If a responsible relative is
2 directed by the Illinois Department, or the local
3 governmental unit, under the conditions stated in Section
4 10-8, to make support payments directly to the person, or to
5 some person or agency in his behalf, the court order entered
6 against him under this Section or Section 10-10 may be
7 enforced as herein provided if he thereafter fails to furnish
8 support in accordance with its terms. The State of Illinois
9 shall not be required to make a deposit for or pay any costs
10 or fees of any court or officer thereof in any proceeding
11 instituted under this Section.
12 The provisions of the Civil Practice Law, and all
13 amendments and modifications thereof, shall apply to and
14 govern all actions instituted under this Section and Section
15 10-10. In such actions proof that a person is an applicant
16 for or recipient of public aid under any Article of this Code
17 shall be prima facie proof that he is a person in necessitous
18 circumstances by reason of infirmity, unemployment or other
19 cause depriving him of the means of a livelihood compatible
20 with health and well-being.
21 Except for payments to the State Disbursement Unit
22 established under Section 10-26 of this Code, payments under
23 this Section to the Illinois Department pursuant to the Child
24 Support Enforcement Program established by Title IV-D of the
25 Social Security Act shall be paid into the Child Support
26 Enforcement Trust Fund. All other payments under this Section
27 to the Illinois Department shall be deposited in the Public
28 Assistance Recoveries Trust Fund. Disbursements from these
29 funds shall be as provided in Sections 12-9 and 12-10.2 of
30 this Code. Payments received by a local governmental unit
31 shall be deposited in that unit's General Assistance Fund.
32 In addition to the penalties or punishment that may be
33 imposed under this Section, any person whose conduct
34 constitutes a violation of Section 1 of the Non-Support of
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1 Spouse and Children Act may be prosecuted under that Section,
2 and a person convicted under that Section may be sentenced in
3 accordance with that Section. The sentence may include but
4 need not be limited to a requirement that the person perform
5 community service under subsection (b) of that Section or
6 participate in a work alternative program under subsection
7 (c) of that Section. A person may not be required to
8 participate in a work alternative program under subsection
9 (c) of that Section if the person is currently participating
10 in a work program pursuant to Section 10-11.1 of this Code.
11 (Source: P.A. 90-733, eff. 8-11-98.)
12 (305 ILCS 5/10-17.9)
13 Sec. 10-17.9. Past due support information to State
14 Department of Revenue.
15 (a) The Illinois Department may provide by rule for
16 certification to the Illinois Department of Revenue of past
17 due support owed by responsible relatives under a support
18 order entered by a court or administrative body of this or
19 any other State on behalf of resident or non-resident
20 persons. The rule shall provide for notice to and an
21 opportunity to be heard by each responsible relative
22 affected. Any final administrative decision rendered by the
23 Department shall be reviewed only under and in accordance
24 with the Administrative Review Law. A responsible relative
25 may avoid certification to the Illinois Department of Revenue
26 by establishing a satisfactory repayment record as determined
27 by the Illinois Department of Public Aid.
28 (b) A certified past due support amount shall be final.
29 The certified amount shall be payable to the Illinois
30 Department of Revenue upon written notification of the
31 certification to the responsible relative by the Illinois
32 Department of Revenue.
33 (c) In the event a responsible relative overpays
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1 pursuant to collection under this Section and the applicable
2 Sections of the Illinois Income Tax Act, the overpayment
3 shall be a credit against future support obligations. If the
4 current support obligation of the responsible relative has
5 terminated under operation of law or court order, any moneys
6 overpaid but still in the possession of the Department shall
7 be promptly returned to the responsible relative.
8 (d) Except as otherwise provided in this Article, any
9 child support delinquency certified to the Illinois
10 Department of Revenue shall be treated as a child support
11 delinquency for all other purposes, and any collection action
12 by the State's Attorney or the Illinois Department of Revenue
13 with respect to any delinquency certified under this Article
14 shall have the same priority against attachment, execution,
15 assignment, or other collection action as is provided by any
16 other provision of State law.
17 (e) Any child support delinquency collected by the
18 Illinois Department of Revenue, including those amounts that
19 result in overpayment of a child support delinquency, shall
20 be paid to the State Disbursement Unit established under
21 Section 10-26 deposited in, or transferred to, the Child
22 Support Enforcement Trust Fund.
23 (Source: P.A. 89-6, eff. 12-31-95.)
24 (305 ILCS 5/10-19) (from Ch. 23, par. 10-19)
25 Sec. 10-19. (Support payments ordered under other laws;
26 where deposited.) The Illinois Department and local
27 governmental units are authorized to receive payments
28 directed by court order for the support of recipients, as
29 provided in the following Acts:
30 1. "Non-Support of Spouse and Children Act", approved
31 June 24, 1915, as amended,
32 2. "Illinois Marriage and Dissolution of Marriage Act",
33 as now or hereafter amended,
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1 3. The Illinois Parentage Act, as amended,
2 4. "Revised Uniform Reciprocal Enforcement of Support
3 Act", approved August 28, 1969, as amended,
4 5. The Juvenile Court Act or the Juvenile Court Act of
5 1987, as amended,
6 6. The "Unified Code of Corrections", approved July 26,
7 1972, as amended,
8 7. Part 7 of Article XII of the Code of Civil Procedure,
9 as amended,
10 8. Part 8 of Article XII of the Code of Civil Procedure,
11 as amended, and
12 9. Other laws which may provide by judicial order for
13 direct payment of support moneys.
14 Except for payments to the State Disbursement Unit
15 established under Section 10-26 of this Code, payments under
16 this Section to the Illinois Department pursuant to the Child
17 Support Enforcement Program established by Title IV-D of the
18 Social Security Act shall be paid into the Child Support
19 Enforcement Trust Fund. All other payments under this Section
20 to the Illinois Department shall be deposited in the Public
21 Assistance Recoveries Trust Fund. Disbursements from these
22 funds shall be as provided in Sections 12-9 and 12-10.2 of
23 this Code. Payments received by a local governmental unit
24 shall be deposited in that unit's General Assistance Fund.
25 (Source: P.A. 86-1028.)
26 (305 ILCS 5/10-26 new)
27 Sec. 10-26. State Disbursement Unit.
28 (a) Effective October 1, 1999 the Illinois Department
29 shall establish a State Disbursement Unit in accordance with
30 the requirements of Title IV-D of the Social Security Act.
31 The State Disbursement Unit may be located within the
32 Illinois Department's Child and Spouse Support Unit, or the
33 Illinois Department may enter into an agreement with a State
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1 or local governmental unit or private entity to perform the
2 functions of the State Disbursement Unit as set forth in this
3 Section. The purpose of the State Disbursement Unit shall be
4 to collect and disburse support payments made under court and
5 administrative support orders:
6 (1) being enforced in cases in which child and
7 spouse support services are being provided under this
8 Article X; and
9 (2) in all cases in which child and spouse support
10 services are not being provided under this Article X, but
11 in which support payments are made under the provisions
12 of the Income Withholding for Support Act.
13 (b) In the event the State Disbursement Unit is located
14 within the Illinois Department's Child and Spouse Support
15 Unit, and notwithstanding any other provision of law
16 requiring deposit of support payments into the Child Support
17 Enforcement Trust Fund, all payments received by the State
18 Disbursement Unit shall be deposited into the State
19 Disbursement Unit Revolving Fund established under Section
20 12-8.1 and distributed and disbursed in accordance with the
21 provisions of Title IV-D of the Social Security Act and rules
22 promulgated by the Department.
23 (c) In the event a State or local governmental unit or
24 private entity performs the functions of the State
25 Disbursement Unit under an agreement with the Illinois
26 Department, all payments received by the State Disbursement
27 Unit:
28 (1) shall be deposited into an account obtained by
29 the State or local governmental unit or private entity,
30 as the case may be, and
31 (2) distributed and disbursed by the State
32 Disbursement Unit, in accordance with the directions of
33 the Illinois Department, pursuant to Title IV-D of the
34 Social Security Act and rules promulgated by the
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1 Department.
2 (d) All support payments assigned to the Illinois
3 Department under Article X of this Code and rules promulgated
4 by the Illinois Department that are disbursed to the Illinois
5 Department by the State Disbursement Unit shall be paid into
6 in the Child Support Enforcement Trust Fund.
7 (305 ILCS 5/12-8.1 new)
8 Sec. 12-8.1. State Disbursement Unit Revolving Fund.
9 (a) There is created a revolving fund to be known as the
10 State Disbursement Unit Revolving Fund, to be held by the
11 Illinois Department for the following purposes:
12 (1) the deposit of all support payments received by
13 the Illinois Department's State Disbursement Unit; and
14 (2) the disbursement of such payments in accordance
15 with the provisions of Title IV-D of the Social Security
16 Act and rules promulgated by the Department.
17 (b) The provisions of this Section shall apply only in
18 the event the State Disbursement Unit is located within the
19 Illinois Department's Child and Spouse Support Unit under the
20 provisions of Section 10-26.
21 (305 ILCS 5/12-9) (from Ch. 23, par. 12-9)
22 Sec. 12-9. Public Assistance Recoveries Trust Fund;
23 uses. The Public Assistance Recoveries Trust Fund shall
24 consist of recoveries authorized by this Code in respect to
25 applicants or recipients under Articles III, IV, V, VI and
26 VII, including recoveries from the estates of deceased
27 recipients, and payments received by the Illinois Department
28 under Sections 10-3.1, 10-8, 10-10, 10-16, and 10-19 except
29 those pursuant to the Child Support Enforcement Program
30 established by Title IV-D of the Social Security Act and
31 required to be paid to the State Disbursement Unit
32 established under Section 10-26 of this Code or into the
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1 Child Support Enforcement Trust Fund under Section 12-10.2 of
2 this Code, that are required by such Sections to be paid into
3 the Public Assistance Recoveries Trust Fund. Until July 1,
4 1998, this fund shall be held by the State treasurer as
5 ex-officio custodian outside the State treasury. After June
6 30, 1998, the fund shall be held as a special fund in the
7 State treasury.
8 Disbursements from this fund shall be only (1) for the
9 reimbursement of claims collected by the Illinois Department
10 through error or mistake, (2) for payment to persons or
11 agencies designated as payees or co-payees on any instrument,
12 whether or not negotiable, delivered to the Illinois
13 Department as a recovery under this Section, such payment to
14 be in proportion to the respective interests of the payees in
15 the amount so collected, (3) for payments to non-recipients,
16 or to former recipients of financial aid of the collections
17 which are made in their behalf under Article X except those
18 pursuant to the Child Support Enforcement Program established
19 by Title IV-D of the Social Security Act required to be paid
20 from the State Disbursement Unit Revolving Fund under Section
21 12-8.1 of this Code or from the Child Support Enforcement
22 Trust Fund under Section 12-10.2 of this Code, (4) for
23 payment to local governmental units of support payments
24 collected by the Illinois Department pursuant to an agreement
25 under Section 10-3.1, (5) for payment of administrative
26 expenses incurred in performing the activities authorized by
27 Article X except those pursuant to the Child Support
28 Enforcement Program established by Title IV-D of the Social
29 Security Act required to be paid from the Child Support
30 Enforcement Trust Fund under Section 12-10.2 of this Code,
31 (6) for payment of fees to persons or agencies in the
32 performance of activities pursuant to the collection of
33 monies owed the State except those monies pursuant to the
34 Child Support Enforcement Program established by Title IV-D
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1 of the Social Security Act required to be paid from the Child
2 Support Enforcement Trust Fund under Section 12-10.2 of this
3 Code, (7) for payments of any amounts which are reimbursable
4 to the Federal government which are required to be paid by
5 State warrant by either the State or Federal government and
6 (8) for disbursements to attorneys or advocates for legal
7 representation in an appeal of any claim for federal
8 Supplemental Security Income benefits before an
9 administrative law judge as provided for in Section 3-13 of
10 this Code. Until July 1, 1998, disbursements from this fund
11 shall be by warrants drawn by the State Comptroller as
12 receipt of vouchers duly executed and certified by the
13 Illinois Department. After June 30, 1998, disbursements from
14 this fund for purposes of items (5), (6), and (8) of this
15 paragraph shall be subject to appropriations from the fund to
16 the Illinois Department.
17 The balance in this fund on the first day of each
18 calendar quarter, after payment therefrom of any amounts
19 reimbursable to the Federal Government, and minus the amount
20 reasonably anticipated to be needed to make the disbursements
21 during that quarter authorized by this Section, shall be
22 certified by the Director of the Illinois Department and
23 transferred by the State Comptroller to the General Revenue
24 Fund in the State Treasury within 30 days of the first day of
25 each calendar quarter.
26 (Source: P.A. 90-255, eff. 1-1-98.)
27 (305 ILCS 5/12-10.2) (from Ch. 23, par. 12-10.2)
28 Sec. 12-10.2. The Child Support Enforcement Trust Fund,
29 to be held by the State Treasurer as ex-officio custodian
30 outside the State Treasury, pursuant to the Child Support
31 Enforcement Program established by Title IV-D of the Social
32 Security Act, shall consist of (1) all support payments
33 assigned to the Illinois Department under Article X of this
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1 Code and rules promulgated by the Illinois Department that
2 are disbursed to the Illinois Department by the State
3 Disbursement Unit established under Section 10-26 received by
4 the Illinois Department under Sections 10-8, 10-10, 10-16 and
5 10-19 that are required by such Sections to be paid into the
6 Child Support Enforcement Trust Fund, and (2) all federal
7 grants received by the Illinois Department funded by Title
8 IV-D of the Social Security Act, except those federal funds
9 received under the Title IV-D program as reimbursement for
10 expenditures from the General Revenue Fund, and (3) incentive
11 payments received by the Illinois Department from other
12 states or political subdivisions of other states for the
13 enforcement and collection by the Department of an assigned
14 child support obligation in behalf of such other states or
15 their political subdivisions pursuant to the provisions of
16 Title IV-D of the Social Security Act, and (4) incentive
17 payments retained by the Illinois Department from the amounts
18 which otherwise would be paid to the Federal government to
19 reimburse the Federal government's share of the support
20 collection for the Department's enforcement and collection of
21 an assigned support obligation on behalf of the State of
22 Illinois pursuant to the provisions of Title IV-D of the
23 Social Security Act, and (5) all fees charged by the
24 Department for child support enforcement services, as
25 authorized under Title IV-D of the Social Security Act and
26 Section 10-1 of this Code, and any other fees, costs, fines,
27 recoveries, or penalties provided for by State or federal law
28 and received by the Department under the Child Support
29 Enforcement Program established by Title IV-D of the Social
30 Security Act, and (6) all amounts appropriated by the General
31 Assembly for deposit into the Fund.
32 Disbursements from this Fund shall be only for the
33 following purposes: (1) for the reimbursement of funds
34 received by the Illinois Department through error or mistake,
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1 and (2) (blank) for payments to non-recipients, current
2 recipients and former recipients of financial aid of support
3 payments received on their behalf under Article X of this
4 Code, pursuant to the provisions of Title IV-D of the Social
5 Security Act and rules promulgated by the Department, and (3)
6 for payment of any administrative expenses, including payment
7 to the Health Insurance Reserve Fund for group insurance
8 costs at the rate certified by the Department of Central
9 Management Services, except those required to be paid from
10 the General Revenue Fund, including personal and contractual
11 services, incurred in performing the Title IV-D activities
12 authorized by Article X of this Code, and (4) for the
13 reimbursement of the Public Assistance Emergency Revolving
14 Fund for expenditures made from that Fund for payments to
15 former recipients of public aid for child support made to the
16 Illinois Department when the former public aid recipient is
17 legally entitled to all or part of the child support
18 payments, pursuant to the provisions of Title IV-D of the
19 Social Security Act, and (5) for the payment of incentive
20 amounts owed to other states or political subdivisions of
21 other states that enforce and collect an assigned support
22 obligation on behalf of the State of Illinois pursuant to the
23 provisions of Title IV-D of the Social Security Act, and (6)
24 for the payment of incentive amounts owed to political
25 subdivisions of the State of Illinois that enforce and
26 collect an assigned support obligation on behalf of the State
27 pursuant to the provisions of Title IV-D of the Social
28 Security Act, and (7) for payments of any amounts which are
29 reimbursable to the Federal government which are required to
30 be paid by State warrant by either the State or Federal
31 government. Disbursements from this Fund shall be by warrants
32 drawn by the State Comptroller on receipt of vouchers duly
33 executed and certified by the Illinois Department or any
34 other State agency that receives an appropriation from the
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1 Fund.
2 (Source: P.A. 89-21, eff. 7-1-95; 89-499, eff. 6-28-96;
3 90-18, eff. 7-1-97; 90-587, eff. 6-4-98.)
4 Section 25. The Illinois Marriage and Dissolution of
5 Marriage Act is amended by changing Sections 705 and 709 and
6 adding Section 507.1 as follows:
7 (750 ILCS 5/507.1 new)
8 Sec. 507.1. Payment of Support to State Disbursement
9 Unit.
10 (a) As used in this Section:
11 "Order for support", "obligor", "obligee", and "payor"
12 mean those terms as defined in the Income Withholding for
13 Support Act.
14 (b) Notwithstanding any other provision of this Act to
15 the contrary, each order for support entered or modified on
16 or after October 1, 1999 shall require that support payments
17 be made to the State Disbursement Unit established under
18 Section 10-26 of the Illinois Public Aid Code if:
19 (1) a party to the order is receiving child and
20 spouse support services under Article X of the Illinois
21 Public Aid Code; or
22 (2) no party to the order is receiving child and
23 spouse support services, but the support payments are
24 made through income withholding.
25 (c) The Illinois Department of Public Aid shall provide
26 notice to the obligor and, where applicable, to the obligor's
27 payor to make support payments to the State Disbursement Unit
28 if:
29 (1) the order for support was entered before
30 October 1, 1999, and a party to the order is receiving
31 child and spouse support services under Article X of the
32 Illinois Public Aid Code; or
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1 (2) the order for support was entered before
2 October 1, 1999, no party to the order is receiving child
3 and spouse support services, and the support payments are
4 being made through income withholding.
5 (d) The notice required under subsection (c) may be sent
6 by ordinary mail, certified mail, return receipt requested,
7 facsimile transmission, or other electronic process, or may
8 be served upon the obligor or payor using any method provided
9 by law for service of a summons. The Illinois Department of
10 Public Aid shall provide a copy of the notice to the obligee
11 and to the clerk of the court. The clerk shall file the
12 clerk's copy of the notice in the court file.
13 (750 ILCS 5/705) (from Ch. 40, par. 705)
14 Sec. 705. Support payments; receiving and disbursing
15 agents.
16 (1) The provisions of this Section shall apply, except
17 as provided in Sections 709 through 712.
18 (2) In a dissolution of marriage action filed in a
19 county of less than 3 million population in which an order or
20 judgment for child support is entered, and in supplementary
21 proceedings in any such county to enforce or vary the terms
22 of such order or judgment arising out of an action for
23 dissolution of marriage filed in such county, the court,
24 except as it otherwise orders, under subsection (4) of this
25 Section, may direct that child support payments be made to
26 the clerk of the court.
27 (3) In a dissolution of marriage action filed in any
28 county of 3 million or more population in which an order or
29 judgment for child support is entered, and in supplementary
30 proceedings in any such county to enforce or vary the terms
31 of such order or judgment arising out of an action for
32 dissolution of marriage filed in such county, the court,
33 except as it otherwise orders under subsection (4) of this
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1 Section, may direct that child support payments be made
2 either to the clerk of the court or to the Court Service
3 Division of the County Department of Public Aid. After the
4 effective date of this Act, the court, except as it otherwise
5 orders under subsection (4) of this Section, may direct that
6 child support payments be made either to the clerk of the
7 court or to the Illinois Department of Public Aid.
8 (4) In a dissolution of marriage action or supplementary
9 proceedings involving maintenance or child support payments,
10 or both, to persons who are recipients of aid under the
11 Illinois Public Aid Code, the court shall direct that such
12 payments be made to (a) the Illinois Department of Public Aid
13 if the persons are recipients under Articles III, IV, or V of
14 the Code, or (b) the local governmental unit responsible for
15 their support if they are recipients under Articles VI or VII
16 of the Code. In accordance with federal law and regulations,
17 the Illinois Department of Public Aid may continue to collect
18 current maintenance payments or child support payments, or
19 both, after those persons cease to receive public assistance
20 and until termination of services under Article X of the
21 Illinois Public Aid Code. The Illinois Department of Public
22 Aid shall pay the net amount collected to those persons after
23 deducting any costs incurred in making the collection or any
24 collection fee from the amount of any recovery made. The
25 order shall permit the Illinois Department of Public Aid or
26 the local governmental unit, as the case may be, to direct
27 that payments be made directly to the former spouse, the
28 children, or both, or to some person or agency in their
29 behalf, upon removal of the former spouse or children from
30 the public aid rolls or upon termination of services under
31 Article X of the Illinois Public Aid Code; and upon such
32 direction, the Illinois Department or local governmental
33 unit, as the case requires, shall give notice of such action
34 to the court in writing or by electronic transmission.
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1 (5) All clerks of the court and the Court Service
2 Division of a County Department of Public Aid and, after the
3 effective date of this Act, all clerks of the court and the
4 Illinois Department of Public Aid, receiving child support
5 payments under subsections (2) and (3) of this Section shall
6 disburse the payments to the person or persons entitled
7 thereto under the terms of the order or judgment. They shall
8 establish and maintain current records of all moneys received
9 and disbursed and of defaults and delinquencies in required
10 payments. The court, by order or rule, shall make provision
11 for the carrying out of these duties.
12 in effect in accordance with the Income Withholding for
13 Support
14 Upon notification in writing or by electronic
15 transmission from the Illinois Department of Public Aid to
16 the clerk of the court that a person who is receiving support
17 payments under this Section is receiving services under the
18 Child Support Enforcement Program established by Title IV-D
19 of the Social Security Act, any support payments subsequently
20 received by the clerk of the court shall be transmitted in
21 accordance with the instructions of the Illinois Department
22 of Public Aid until the Department gives notice to the clerk
23 of the court to cease the transmittal. After providing the
24 notification authorized under this paragraph, the Illinois
25 Department of Public Aid shall be entitled as a party to
26 notice of any further proceedings in the case. The clerk of
27 the court shall file a copy of the Illinois Department of
28 Public Aid's notification in the court file. The failure of
29 the clerk to file a copy of the notification in the court
30 file shall not, however, affect the Illinois Department of
31 Public Aid's right to receive notice of further proceedings.
32 Except for payments to the State Disbursement Unit
33 established under Section 10-26 of the Illinois Public Aid
34 Code, payments under this Section to the Illinois Department
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1 of Public Aid pursuant to the Child Support Enforcement
2 Program established by Title IV-D of the Social Security Act
3 shall be paid into the Child Support Enforcement Trust Fund.
4 All other payments under this Section to the Illinois
5 Department of Public Aid shall be deposited in the Public
6 Assistance Recoveries Trust Fund. Disbursements from these
7 funds shall be as provided in the Illinois Public Aid Code.
8 Payments received by a local governmental unit shall be
9 deposited in that unit's General Assistance Fund. Any order
10 of court directing payment of child support to a clerk of
11 court or the Court Service Division of a County Department of
12 Public Aid, which order has been entered on or after August
13 14, 1961, and prior to the effective date of this Act, may be
14 amended by the court in line with this Act; and orders
15 involving payments of maintenance or child support to
16 recipients of public aid may in like manner be amended to
17 conform to this Act.
18 (6) No filing fee or costs will be required in any
19 action brought at the request of the Illinois Department of
20 Public Aid in any proceeding under this Act. However, any
21 such fees or costs may be assessed by the court against the
22 respondent in the court's order of support or any
23 modification thereof in a proceeding under this Act.
24 (7) For those cases in which child support is payable to
25 the clerk of the circuit court for transmittal to the
26 Illinois Department of Public Aid by order of court or upon
27 notification by the Illinois Department of Public Aid, the
28 clerk shall transmit all such payments, within 4 working days
29 of receipt, to insure that funds are available for immediate
30 distribution by the Department to the person or entity
31 entitled thereto in accordance with standards of the Child
32 Support Enforcement Program established under Title IV-D of
33 the Social Security Act. The clerk shall notify the
34 Department of the date of receipt and amount thereof at the
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1 time of transmittal. Where the clerk has entered into an
2 agreement of cooperation with the Department to record the
3 terms of child support orders and payments made thereunder
4 directly into the Department's automated data processing
5 system, the clerk shall account for, transmit and otherwise
6 distribute child support payments in accordance with such
7 agreement in lieu of the requirements contained herein.
8 In any action filed in a county with a population of
9 1,000,000 or less, the court shall assess against the
10 respondent in any order of maintenance or child support any
11 sum up to $36 annually authorized by ordinance of the county
12 board to be collected by the clerk of the court as costs for
13 administering the collection and disbursement of maintenance
14 and child support payments. Such sum shall be in addition to
15 and separate from amounts ordered to be paid as maintenance
16 or child support.
17 (Source: P.A. 90-18, eff. 7-1-97; 90-673, eff. 1-1-99;
18 90-790, eff. 8-14-98; revised 9-14-98.)
19 (750 ILCS 5/709) (from Ch. 40, par. 709)
20 Sec. 709. Mandatory child support payments to clerk.
21 (a) As of January 1, 1982, child support orders entered
22 in any county covered by this subsection shall be made
23 pursuant to the provisions of Sections 709 through 712 of
24 this Act. For purposes of these Sections, the term "child
25 support payment" or "payment" shall include any payment
26 ordered to be made solely for the purpose of the support of a
27 child or children or any payment ordered for general support
28 which includes any amount for support of any child or
29 children.
30 The provisions of Sections 709 through 712 shall be
31 applicable to any county with a population of 2 million or
32 more and to any other county which notifies the Supreme Court
33 of its desire to be included within the coverage of these
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1 Sections and is certified pursuant to Supreme Court Rules.
2 The effective date of inclusion, however, shall be
3 subject to approval of the application for reimbursement of
4 the costs of the support program by the Department of Public
5 Aid as provided in Section 712.
6 (b) In any proceeding for a dissolution of marriage,
7 legal separation, or declaration of invalidity of marriage,
8 or in any supplementary proceedings in which a judgment or
9 modification thereof for the payment of child support is
10 entered on or after January 1, 1982, in any county covered by
11 Sections 709 through 712, and the person entitled to payment
12 is receiving a grant of financial aid under Article IV of the
13 Illinois Public Aid Code or has applied and qualified for
14 support services under Section 10-1 of that Code, the court
15 shall direct: (1) that such payments be made to the clerk of
16 the court and (2) that the parties affected shall each
17 thereafter notify the clerk of any change of address or
18 change in other conditions that may affect the administration
19 of the order, including the fact that a party who was
20 previously not on public aid has become a recipient of public
21 aid, within 10 days of such change. All notices sent to the
22 obligor's last known address on file with the clerk shall be
23 deemed sufficient to proceed with enforcement pursuant to the
24 provisions of Sections 709 through 712.
25 In all other cases, the court may direct that payments be
26 made to the clerk of the court.
27 (c) Except as provided in subsection (d) of this
28 Section, the clerk shall disburse the payments to the person
29 or persons entitled thereto under the terms of the order or
30 judgment.
31 (d) The court shall determine, prior to the entry of the
32 support order, if the party who is to receive the support is
33 presently receiving public aid or has a current application
34 for public aid pending and shall enter the finding on the
-35- LRB9101195SMdvA
1 record.
2 If the person entitled to payment is a recipient of aid
3 under the Illinois Public Aid Code, the clerk, upon being
4 informed of this fact by finding of the court, by
5 notification by the party entitled to payment, by the
6 Illinois Department of Public Aid or by the local
7 governmental unit, shall make all payments to: (1) the
8 Illinois Department of Public Aid if the person is a
9 recipient under Article III, IV, or V of the Code or (2) the
10 local governmental unit responsible for his or her support if
11 the person is a recipient under Article VI or VII of the
12 Code. In accordance with federal law and regulations, the
13 Illinois Department of Public Aid may continue to collect
14 current maintenance payments or child support payments, or
15 both, after those persons cease to receive public assistance
16 and until termination of services under Article X of the
17 Illinois Public Aid Code. The Illinois Department of Public
18 Aid shall pay the net amount collected to those persons after
19 deducting any costs incurred in making the collection or any
20 collection fee from the amount of any recovery made. Upon
21 termination of public aid payments to such a recipient or
22 termination of services under Article X of the Illinois
23 Public Aid Code, the Illinois Department of Public Aid or the
24 appropriate local governmental unit shall notify the clerk in
25 writing or by electronic transmission that all subsequent
26 payments are to be sent directly to the person entitled
27 thereto.
28 Upon notification in writing or by electronic
29 transmission from the Illinois Department of Public Aid to
30 the clerk of the court that a person who is receiving support
31 payments under this Section is receiving services under the
32 Child Support Enforcement Program established by Title IV-D
33 of the Social Security Act, any support payments subsequently
34 received by the clerk of the court shall be transmitted in
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1 accordance with the instructions of the Illinois Department
2 of Public Aid until the Department gives notice to the clerk
3 of the court to cease the transmittal. After providing the
4 notification authorized under this paragraph, the Illinois
5 Department of Public Aid shall be entitled as a party to
6 notice of any further proceedings in the case. The clerk of
7 the court shall file a copy of the Illinois Department of
8 Public Aid's notification in the court file. The failure of
9 the clerk to file a copy of the notification in the court
10 file shall not, however, affect the Illinois Department of
11 Public Aid's right to receive notice of further proceedings.
12 Except for payments to the State Disbursement Unit
13 established under Section 10-26 of the Illinois Public Aid
14 Code, payments under this Section to the Illinois Department
15 of Public Aid pursuant to the Child Support Enforcement
16 Program established by Title IV-D of the Social Security Act
17 shall be paid into the Child Support Enforcement Trust Fund.
18 All other payments under this Section to the Illinois
19 Department of Public Aid shall be deposited in the Public
20 Assistance Recoveries Trust Fund. Disbursements from these
21 funds shall be as provided in the Illinois Public Aid Code.
22 Payments received by a local governmental unit shall be
23 deposited in that unit's General Assistance Fund.
24 (e) Any order or judgment may be amended by the court,
25 upon its own motion or upon the motion of either party, to
26 conform with the provisions of Sections 709 through 712,
27 either as to the requirement of making payments to the clerk
28 or, where payments are already being made to the clerk, as to
29 the statutory fees provided for under Section 711.
30 (f) The clerk may invest in any interest bearing account
31 or in any securities, monies collected for the benefit of a
32 payee, where such payee cannot be found; however, the
33 investment may be only for the period until the clerk is able
34 to locate and present the payee with such monies. The clerk
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1 may invest in any interest bearing account, or in any
2 securities, monies collected for the benefit of any other
3 payee; however, this does not alter the clerk's obligation to
4 make payments to the payee in a timely manner. Any interest
5 or capital gains accrued shall be for the benefit of the
6 county and shall be paid into the special fund established in
7 subsection (b) of Section 711.
8 (g) The clerk shall establish and maintain a payment
9 record of all monies received and disbursed and such record
10 shall constitute prima facie evidence of such payment and
11 non-payment, as the case may be.
12 (h) For those cases in which child support is payable to
13 the clerk of the circuit court for transmittal to the
14 Illinois Department of Public Aid by order of court or upon
15 notification by the Illinois Department of Public Aid, the
16 clerk shall transmit all such payments, within 4 working days
17 of receipt, to insure that funds are available for immediate
18 distribution by the Department to the person or entity
19 entitled thereto in accordance with standards of the Child
20 Support Enforcement Program established under Title IV-D of
21 the Social Security Act. The clerk shall notify the
22 Department of the date of receipt and amount thereof at the
23 time of transmittal. Where the clerk has entered into an
24 agreement of cooperation with the Department to record the
25 terms of child support orders and payments made thereunder
26 directly into the Department's automated data processing
27 system, the clerk shall account for, transmit and otherwise
28 distribute child support payments in accordance with such
29 agreement in lieu of the requirements contained herein.
30 (Source: P.A. 87-1252; 88-687, eff. 1-24-95.)
31 Section 30. The Non-Support of Spouse and Children Act
32 is amended by changing Section 2.1 and adding Section 2.2 as
33 follows:
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1 (750 ILCS 15/2.1) (from Ch. 40, par. 1105)
2 Sec. 2.1. Support payments; receiving and disbursing
3 agents.
4 (1) In actions instituted under this Act on and after
5 August 14, 1961, involving a minor child or children, the
6 Court, except in actions instituted on or after August 26,
7 1969, in which the support payments are in behalf of a
8 recipient of aid under the Illinois Public Aid Code, shall
9 direct that moneys ordered to be paid for support under
10 Sections 3 and 4 of this Act shall be paid to the clerk of
11 the court in counties of less than 3 million population, and
12 in counties of 3 million or more population, to the clerk or
13 probation officer of the court or to the Court Service
14 Division of the County Department of Public Aid. After the
15 effective date of this amendatory Act of 1975, the court
16 shall direct that such support moneys be paid to the clerk or
17 probation officer or the Illinois Department of Public Aid.
18 However, the court in its discretion may direct otherwise
19 where exceptional circumstances so warrant. If payment is to
20 be made to persons other than the clerk or probation officer,
21 the Court Service Division of the County Department of Public
22 Aid, or the Illinois Department of Public Aid, the judgment
23 or order of support shall set forth the facts of the
24 exceptional circumstances.
25 (2) In actions instituted after August 26, 1969, where
26 the support payments are in behalf of spouses, children, or
27 both, who are recipients of aid under the Illinois Public Aid
28 Code, the court shall order the payments to be made directly
29 to (1) the Illinois Department of Public Aid if the person is
30 a recipient under Articles III, IV or V of the Code, or (2)
31 to the local governmental unit responsible for the support of
32 the person if he or she is a recipient under Articles VI or
33 VII of the Code. In accordance with federal law and
34 regulations, the Illinois Department of Public Aid may
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1 continue to collect current maintenance payments or child
2 support payments, or both, after those persons cease to
3 receive public assistance and until termination of services
4 under Article X of the Illinois Public Aid Code. The
5 Illinois Department of Public Aid shall pay the net amount
6 collected to those persons after deducting any costs incurred
7 in making the collection or any collection fee from the
8 amount of any recovery made. The order shall permit the
9 Illinois Department of Public Aid or the local governmental
10 unit, as the case may be, to direct that support payments be
11 made directly to the spouse, children, or both, or to some
12 person or agency in their behalf, upon removal of the spouse
13 or children from the public aid rolls or upon termination of
14 services under Article X of the Illinois Public Aid Code; and
15 upon such direction, the Illinois Department or the local
16 governmental unit, as the case requires, shall give notice of
17 such action to the court in writing or by electronic
18 transmission.
19 (3) The clerks, probation officers, and the Court
20 Service Division of the County Department of Public Aid in
21 counties of 3 million or more population, and, after the
22 effective date of this amendatory Act of 1975, the clerks,
23 probation officers, and the Illinois Department of Public
24 Aid, shall disburse moneys paid to them to the person or
25 persons entitled thereto under the order of the Court. They
26 shall establish and maintain current records of all moneys
27 received and disbursed and of delinquencies and defaults in
28 required payments. The Court, by order or rule, shall make
29 provision for the carrying out of these duties.
30 in accordance with the Income Withholding for Support
31 Upon notification in writing or by electronic
32 transmission from the Illinois Department of Public Aid to
33 the clerk of the court that a person who is receiving support
34 payments under this Section is receiving services under the
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1 Child Support Enforcement Program established by Title IV-D
2 of the Social Security Act, any support payments subsequently
3 received by the clerk of the court shall be transmitted in
4 accordance with the instructions of the Illinois Department
5 of Public Aid until the Department gives notice to cease the
6 transmittal. After providing the notification authorized
7 under this paragraph, the Illinois Department of Public Aid
8 shall be entitled as a party to notice of any further
9 proceedings in the case. The clerk of the court shall file a
10 copy of the Illinois Department of Public Aid's notification
11 in the court file. The failure of the clerk to file a copy
12 of the notification in the court file shall not, however,
13 affect the Illinois Department of Public Aid's right to
14 receive notice of further proceedings.
15 (4) Except for payments to the State Disbursement Unit
16 established under Section 10-26 of the Illinois Public Aid
17 Code, payments under this Section to the Illinois Department
18 of Public Aid pursuant to the Child Support Enforcement
19 Program established by Title IV-D of the Social Security Act
20 shall be paid into the Child Support Enforcement Trust Fund.
21 All other payments under this Section to the Illinois
22 Department of Public Aid shall be deposited in the Public
23 Assistance Recoveries Trust Fund. Disbursements from these
24 funds shall be as provided in the Illinois Public Aid Code.
25 Payments received by a local governmental unit shall be
26 deposited in that unit's General Assistance Fund.
27 (5) Orders and assignments entered or executed prior to
28 the Act approved August 14, 1961 shall not be affected
29 thereby. Employers served with wage assignments executed
30 prior to that date shall comply with the terms thereof.
31 However, the Court, on petition of the state's attorney, or
32 of the Illinois Department of Public Aid or local
33 governmental unit in respect to recipients of public aid, may
34 order the execution of new assignments and enter new orders
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1 designating the clerk, probation officer, or the Illinois
2 Department of Public Aid or appropriate local governmental
3 unit in respect to payments in behalf of recipients of public
4 aid, as the person or agency authorized to receive and
5 disburse the salary or wages assigned. On like petition the
6 Court may enter new orders designating such officers,
7 agencies or governmental units to receive and disburse the
8 payments ordered under Section 4.
9 (6) For those cases in which child support is payable to
10 the clerk of the circuit court for transmittal to the
11 Illinois Department of Public Aid by order of court or upon
12 notification by the Illinois Department of Public Aid, the
13 clerk shall transmit all such payments, within 4 working days
14 of receipt, to insure that funds are available for immediate
15 distribution by the Department to the person or entity
16 entitled thereto in accordance with standards of the Child
17 Support Enforcement Program established under Title IV-D of
18 the Social Security Act. The clerk shall notify the
19 Department of the date of receipt and amount thereof at the
20 time of transmittal. Where the clerk has entered into an
21 agreement of cooperation with the Department to record the
22 terms of child support orders and payments made thereunder
23 directly into the Department's automated data processing
24 system, the clerk shall account for, transmit and otherwise
25 distribute child support payments in accordance with such
26 agreement in lieu of the requirements contained herein.
27 (Source: P.A. 90-18, eff. 7-1-97; 90-673, eff. 1-1-99;
28 90-790, eff. 8-14-98; revised 9-14-98.)
29 (750 ILCS 15/2.2 new)
30 Sec. 2.2. Payment of Support to State Disbursement Unit.
31 (a) As used in this Section:
32 "Order for support", "obligor", "obligee", and "payor"
33 mean those terms as defined in the Income Withholding for
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1 Support Act.
2 (b) Notwithstanding any other provision of this Act to
3 the contrary, each order for support entered or modified on
4 or after October 1, 1999 shall require that support payments
5 be made to the State Disbursement Unit established under
6 Section 10-26 of the Illinois Public Aid Code if:
7 (1) a party to the order is receiving child and
8 spouse support services under Article X of the Illinois
9 Public Aid code; or
10 (2) no party to the order is receiving child and
11 spouse support services, but the support payments are
12 made through income withholding.
13 (c) The Illinois Department of Public Aid shall provide
14 notice to the obligor and, where applicable, to the obligor's
15 payor to make support payments to the State Disbursement Unit
16 if:
17 (1) the order for support was entered before
18 October 1, 1999, and a party to the order is receiving
19 child and spouse support services under Article X of the
20 Illinois Public Aid Code; or
21 (2) the order for support was entered before
22 October 1, 1999, no party to the order is receiving child
23 and spouse support services, and the support payments are
24 being made through income withholding.
25 (d) The notice required under subsection (c) may be sent
26 by ordinary mail, certified mail, return receipt requested,
27 facsimile transmission, or other electronic process, or may
28 be served upon the obligor or payor using any method provided
29 by law for service of a summons. The Illinois Department of
30 Public Aid shall provide a copy of the notice to the obligee
31 and to the clerk of the court. The clerk shall file the
32 clerk's copy of the notice in the court file.
33 Section 35. The Income Withholding for Support Act is
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1 amended by changing Sections 15, 20, 35, and 45 as follows:
2 (750 ILCS 28/15)
3 Sec. 15. Definitions.
4 (a) "Order for support" means any order of the court
5 which provides for periodic payment of funds for the support
6 of a child or maintenance of a spouse, whether temporary or
7 final, and includes any such order which provides for:
8 (1) modification or resumption of, or payment of
9 arrearage accrued under, a previously existing order;
10 (2) reimbursement of support;
11 (3) payment or reimbursement of the expenses of
12 pregnancy and delivery (for orders for support entered
13 under the Illinois Parentage Act of 1984 or its
14 predecessor the Paternity Act); or
15 (4) enrollment in a health insurance plan that is
16 available to the obligor through an employer or labor
17 union or trade union.
18 (b) "Arrearage" means the total amount of unpaid support
19 obligations as determined by the court and incorporated into
20 an order for support.
21 (b-5) "Business day" means a day on which State offices
22 are open for regular business.
23 (c) "Delinquency" means any payment under an order for
24 support which becomes due and remains unpaid after entry of
25 the order for support.
26 (d) "Income" means any form of periodic payment to an
27 individual, regardless of source, including, but not limited
28 to: wages, salary, commission, compensation as an independent
29 contractor, workers' compensation, disability, annuity,
30 pension, and retirement benefits, lottery prize awards,
31 insurance proceeds, vacation pay, bonuses, profit-sharing
32 payments, interest, and any other payments, made by any
33 person, private entity, federal or state government, any unit
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1 of local government, school district or any entity created by
2 Public Act; however, "income" excludes:
3 (1) any amounts required by law to be withheld,
4 other than creditor claims, including, but not limited
5 to, federal, State and local taxes, Social Security and
6 other retirement and disability contributions;
7 (2) union dues;
8 (3) any amounts exempted by the federal Consumer
9 Credit Protection Act;
10 (4) public assistance payments; and
11 (5) unemployment insurance benefits except as
12 provided by law.
13 Any other State or local laws which limit or exempt
14 income or the amount or percentage of income that can be
15 withheld shall not apply.
16 (e) "Obligor" means the individual who owes a duty to
17 make payments under an order for support.
18 (f) "Obligee" means the individual to whom a duty of
19 support is owed or the individual's legal representative.
20 (g) "Payor" means any payor of income to an obligor.
21 (h) "Public office" means any elected official or any
22 State or local agency which is or may become responsible by
23 law for enforcement of, or which is or may become authorized
24 to enforce, an order for support, including, but not limited
25 to: the Attorney General, the Illinois Department of Public
26 Aid, the Illinois Department of Human Services, the Illinois
27 Department of Children and Family Services, and the various
28 State's Attorneys, Clerks of the Circuit Court and
29 supervisors of general assistance.
30 (i) "Premium" means the dollar amount for which the
31 obligor is liable to his employer or labor union or trade
32 union and which must be paid to enroll or maintain a child in
33 a health insurance plan that is available to the obligor
34 through an employer or labor union or trade union.
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1 (j) "State Disbursement Unit" means the unit established
2 to collect and disburse support payments in accordance with
3 the provisions of Section 10-26 of the Illinois Public Aid
4 Code.
5 (Source: P.A. 90-673, eff. 1-1-99; incorporates P.A. 90-790,
6 eff. 8-14-98; revised 9-14-98.)
7 (750 ILCS 28/20)
8 Sec. 20. Entry of order for support containing income
9 withholding provisions; income withholding notice.
10 (a) In addition to any content required under other
11 laws, every order for support entered on or after July 1,
12 1997, shall:
13 (1) Require an income withholding notice to be
14 prepared and served immediately upon any payor of the
15 obligor by the obligee or public office, unless a written
16 agreement is reached between and signed by both parties
17 providing for an alternative arrangement, approved and
18 entered into the record by the court, which ensures
19 payment of support. In that case, the order for support
20 shall provide that an income withholding notice is to be
21 prepared and served only if the obligor becomes
22 delinquent in paying the order for support; and
23 (2) Contain a dollar amount to be paid until
24 payment in full of any delinquency that accrues after
25 entry of the order for support. The amount for payment
26 of delinquency shall not be less than 20% of the total of
27 the current support amount and the amount to be paid
28 periodically for payment of any arrearage stated in the
29 order for support; and
30 (3) Include the obligor's Social Security Number,
31 which the obligor shall disclose to the court. If the
32 obligor is not a United States citizen, the obligor shall
33 disclose to the court, and the court shall include in the
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1 order for support, the obligor's alien registration
2 number, passport number, and home country's social
3 security or national health number, if applicable.
4 (b) At the time the order for support is entered, the
5 Clerk of the Circuit Court shall provide a copy of the order
6 to the obligor and shall make copies available to the obligee
7 and public office.
8 (c) The income withholding notice shall:
9 (1) be in the standard format prescribed by the
10 federal Department of Health and Human Services; and
11 (1.1) state the date of entry of the order for
12 support upon which the income withholding notice is
13 based; and
14 (2) direct any payor to withhold the dollar amount
15 required for current support under the order for support;
16 and
17 (3) direct any payor to withhold the dollar amount
18 required to be paid periodically under the order for
19 support for payment of the amount of any arrearage stated
20 in the order for support; and
21 (4) direct any payor or labor union or trade union
22 to enroll a child as a beneficiary of a health insurance
23 plan and withhold or cause to be withheld, if applicable,
24 any required premiums; and
25 (5) state the amount of the payor income
26 withholding fee specified under this Section; and
27 (6) state that the amount actually withheld from
28 the obligor's income for support and other purposes,
29 including the payor withholding fee specified under this
30 Section, may not be in excess of the maximum amount
31 permitted under the federal Consumer Credit Protection
32 Act; and
33 (7) state the duties of the payor and the fines and
34 penalties for failure to withhold and pay over income and
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1 for discharging, disciplining, refusing to hire, or
2 otherwise penalizing the obligor because of the duty to
3 withhold and pay over income under this Section; and
4 (8) state the rights, remedies, and duties of the
5 obligor under this Section; and
6 (9) include the obligor's Social Security Number;
7 and
8 (10) include the date that withholding for current
9 support terminates, which shall be the date of
10 termination of the current support obligation set forth
11 in the order for support; and.
12 (11) contain the signature of the obligee or the
13 printed name and telephone number of the authorized
14 representative of the public office, except that the
15 failure to contain the signature of the obligee or the
16 printed name and telephone number of the authorized
17 representative of the public office shall not affect the
18 validity of the income withholding notice; and
19 (12) direct any payor to pay over amounts withheld
20 for payment of support to the State Disbursement Unit.
21 (d) The accrual of a delinquency as a condition for
22 service of an income withholding notice, under the exception
23 to immediate withholding in subsection (a) of this Section,
24 shall apply only to the initial service of an income
25 withholding notice on a payor of the obligor.
26 (e) Notwithstanding the exception to immediate
27 withholding contained in subsection (a) of this Section, if
28 the court finds at the time of any hearing that an arrearage
29 has accrued, the court shall order immediate service of an
30 income withholding notice upon the payor.
31 (f) If the order for support, under the exception to
32 immediate withholding contained in subsection (a) of this
33 Section, provides that an income withholding notice is to be
34 prepared and served only if the obligor becomes delinquent in
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1 paying the order for support, the obligor may execute a
2 written waiver of that condition and request immediate
3 service on the payor.
4 (g) The obligee or public office may serve the income
5 withholding notice on the payor or its superintendent,
6 manager, or other agent by ordinary mail or certified mail
7 return receipt requested, by facsimile transmission or other
8 electronic means, by personal delivery, or by any method
9 provided by law for service of a summons. At the time of
10 service on the payor and as notice that withholding has
11 commenced, the obligee or public office shall serve a copy of
12 the income withholding notice on the obligor by ordinary mail
13 addressed to his or her last known address. A copy of the
14 income withholding notice together with proofs of service on
15 the payor and the obligor shall be filed with the Clerk of
16 the Circuit Court.
17 (h) At any time after the initial service of an income
18 withholding notice, any other payor of the obligor may be
19 served with the same income withholding notice without
20 further notice to the obligor. A copy of the income
21 withholding notice together with a proof of service on the
22 other payor shall be filed with the Clerk of the Circuit
23 Court.
24 (i) New service of an income withholding notice is not
25 required in order to resume withholding of income in the case
26 of an obligor with respect to whom an income withholding
27 notice was previously served on the payor if withholding of
28 income was terminated because of an interruption in the
29 obligor's employment of less than 180 days.
30 (Source: P.A. 90-673, eff. 1-1-99; incorporates P.A. 90-790,
31 eff. 8-14-98; revised 9-14-98.)
32 (750 ILCS 28/35)
33 Sec. 35. Duties of payor.
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1 (a) It shall be the duty of any payor who has been
2 served with an income withholding notice to deduct and pay
3 over income as provided in this Section. The payor shall
4 deduct the amount designated in the income withholding
5 notice, as supplemented by any notice provided pursuant to
6 subsection (f) of Section 45, beginning no later than the
7 next payment of income which is payable or creditable to the
8 obligor that occurs 14 days following the date the income
9 withholding notice was mailed, sent by facsimile or other
10 electronic means, or placed for personal delivery to or
11 service on the payor. The payor may combine all amounts
12 withheld for the benefit of an obligee or public office into
13 a single payment and transmit the payment with a listing of
14 obligors from whom withholding has been effected. The payor
15 shall pay the amount withheld to the State Disbursement Unit
16 obligee or public office within 7 business days after the
17 date the amount would (but for the duty to withhold income)
18 have been paid or credited to the obligor. If the payor
19 knowingly fails to pay any amount withheld to the State
20 Disbursement Unit obligee or public office within 7 business
21 days after the date the amount would have been paid or
22 credited to the obligor, the payor shall pay a penalty of
23 $100 for each day that the withheld amount is not paid to the
24 State Disbursement Unit obligee or public office after the
25 period of 7 business days has expired. The failure of a
26 payor, on more than one occasion, to pay amounts withheld to
27 the State Disbursement Unit obligee or public office within 7
28 business days after the date the amount would have been paid
29 or credited to the obligor creates a presumption that the
30 payor knowingly failed to pay over the amounts. This penalty
31 may be collected in a civil action which may be brought
32 against the payor in favor of the obligee or public office. A
33 finding of a payor's nonperformance within the time required
34 under this Act must be documented by a certified mail return
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1 receipt showing the date the income withholding notice was
2 served on the payor. For purposes of this Act, a withheld
3 amount shall be considered paid by a payor on the date it is
4 mailed by the payor, or on the date an electronic funds
5 transfer of the amount has been initiated by the payor, or on
6 the date delivery of the amount has been initiated by the
7 payor. For each deduction, the payor shall provide the State
8 Disbursement Unit obligee or public office, at the time of
9 transmittal, with the date the amount would (but for the duty
10 to withhold income) have been paid or credited to the
11 obligor.
12 Upon receipt of an income withholding notice requiring
13 that a minor child be named as a beneficiary of a health
14 insurance plan available through an employer or labor union
15 or trade union, the employer or labor union or trade union
16 shall immediately enroll the minor child as a beneficiary in
17 the health insurance plan designated by the income
18 withholding notice. The employer shall withhold any required
19 premiums and pay over any amounts so withheld and any
20 additional amounts the employer pays to the insurance carrier
21 in a timely manner. The employer or labor union or trade
22 union shall mail to the obligee, within 15 days of enrollment
23 or upon request, notice of the date of coverage, information
24 on the dependent coverage plan, and all forms necessary to
25 obtain reimbursement for covered health expenses, such as
26 would be made available to a new employee. When an order for
27 dependent coverage is in effect and the insurance coverage is
28 terminated or changed for any reason, the employer or labor
29 union or trade union shall notify the obligee within 10 days
30 of the termination or change date along with notice of
31 conversion privileges.
32 For withholding of income, the payor shall be entitled to
33 receive a fee not to exceed $5 per month to be taken from the
34 income to be paid to the obligor.
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1 (b) Whenever the obligor is no longer receiving income
2 from the payor, the payor shall return a copy of the income
3 withholding notice to the obligee or public office and shall
4 provide information for the purpose of enforcing this Act.
5 (c) Withholding of income under this Act shall be made
6 without regard to any prior or subsequent garnishments,
7 attachments, wage assignments, or any other claims of
8 creditors. Withholding of income under this Act shall not be
9 in excess of the maximum amounts permitted under the federal
10 Consumer Credit Protection Act. If the payor has been served
11 with more than one income withholding notice pertaining to
12 the same obligor, the payor shall allocate income available
13 for withholding on a proportionate share basis, giving
14 priority to current support payments. If there is any income
15 available for withholding after withholding for all current
16 support obligations, the payor shall allocate the income to
17 past due support payments ordered in cases in which cash
18 assistance under the Illinois Public Aid Code is not being
19 provided to the obligee and then to past due support payments
20 ordered in cases in which cash assistance under the Illinois
21 Public Aid Code is being provided to the obligee, both on a
22 proportionate share basis. A payor who complies with an
23 income withholding notice that is regular on its face shall
24 not be subject to civil liability with respect to any
25 individual, any agency, or any creditor of the obligor for
26 conduct in compliance with the notice.
27 (d) No payor shall discharge, discipline, refuse to hire
28 or otherwise penalize any obligor because of the duty to
29 withhold income.
30 (Source: P.A. 90-673, eff. 1-1-99.)
31 (750 ILCS 28/45)
32 Sec. 45. Additional duties.
33 (a) An obligee who is receiving income withholding
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1 payments under this Act shall notify the State Disbursement
2 Unit and payor, if the obligee receives the payments directly
3 from the payor, or the public office or the Clerk of the
4 Circuit Court, as appropriate, of any change of address
5 within 7 days of such change.
6 (b) An obligee who is a recipient of public aid shall
7 send a copy of any income withholding notice served by the
8 obligee to the Division of Child Support Enforcement of the
9 Illinois Department of Public Aid.
10 (c) Each obligor shall notify the obligee, the public
11 office, and the Clerk of the Circuit Court of any change of
12 address within 7 days.
13 (d) An obligor whose income is being withheld or who has
14 been served with a notice of delinquency pursuant to this Act
15 shall notify the obligee, the public office, and the Clerk of
16 the Circuit Court of any new payor, within 7 days.
17 (e) (Blank.) When the Illinois Department of Public Aid
18 is no longer authorized to receive payments for the obligee,
19 it shall, within 7 days, notify the payor or, where
20 appropriate, the Clerk of the Circuit Court, to redirect
21 income withholding payments to the obligee.
22 (f) The obligee or public office shall provide notice to
23 the payor and Clerk of the Circuit Court of any other support
24 payment made, including but not limited to, a set-off under
25 federal and State law or partial payment of the delinquency
26 or arrearage, or both.
27 (g) The State Disbursement Unit Any public office and
28 Clerk of the Circuit Court which collects, disburses or
29 receives payments pursuant to income withholding notices
30 shall maintain complete, accurate, and clear records of all
31 income withholding payments and their disbursements.
32 Certified copies of payment records maintained by the State
33 Disbursement Unit, a public office, or the Clerk of the
34 Circuit Court shall, without further proof, be admitted into
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1 evidence in any legal proceedings under this Act.
2 (h) The Illinois Department of Public Aid shall design
3 suggested legal forms for proceeding under this Act and shall
4 make available to the courts such forms and informational
5 materials which describe the procedures and remedies set
6 forth herein for distribution to all parties in support
7 actions.
8 (i) At the time of transmitting each support payment,
9 the State Disbursement Unit Clerk of the Circuit Court shall
10 provide the obligee or public office, as appropriate, with
11 any information furnished by the payor as to the date the
12 amount would (but for the duty to withhold income) have been
13 paid or credited to the obligor.
14 (Source: P.A. 90-673, eff. 1-1-99; incorporates P.A. 90-790,
15 eff. 8-14-98; revised 9-14-98.)
16 Section 40. The Illinois Parentage Act of 1984 is
17 amended by changing Section 21 and adding Section 21.1 as
18 follows:
19 (750 ILCS 45/21) (from Ch. 40, par. 2521)
20 Sec. 21. Support payments; receiving and disbursing
21 agents.
22 (1) In an action filed in a county counties of less than
23 3 million population in which an order for child support is
24 entered, and in supplementary proceedings in such a county
25 counties to enforce or vary the terms of such order arising
26 out of an action filed in such a county counties, the court,
27 except in actions or supplementary proceedings in which the
28 pregnancy and delivery expenses of the mother or the child
29 support payments are for a recipient of aid under the
30 Illinois Public Aid Code, shall direct that child support
31 payments be made to the clerk of the court unless in the
32 discretion of the court exceptional circumstances warrant
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1 otherwise. In cases where payment is to be made to persons
2 other than the clerk of the court the judgment or order of
3 support shall set forth the facts of the exceptional
4 circumstances.
5 (2) In an action filed in a county counties of 3 million
6 or more population in which an order for child support is
7 entered, and in supplementary proceedings in such a county
8 counties to enforce or vary the terms of such order arising
9 out of an action filed date in such a county counties, the
10 court, except in actions or supplementary proceedings in
11 which the pregnancy and delivery expenses of the mother or
12 the child support payments are for a recipient of aid under
13 the Illinois Public Aid Code, shall direct that child support
14 payments be made either to the clerk of the court or to the
15 Court Service Division of the County Department of Public
16 Aid, or to the clerk of the court or to the Illinois
17 Department of Public Aid, unless in the discretion of the
18 court exceptional circumstances warrant otherwise. In cases
19 where payment is to be made to persons other than the clerk
20 of the court, the Court Service Division of the County
21 Department of Public Aid, or the Illinois Department of
22 Public Aid, the judgment or order of support shall set forth
23 the facts of the exceptional circumstances.
24 (3) Where the action or supplementary proceeding is in
25 behalf of a mother for pregnancy and delivery expenses or for
26 child support, or both, and the mother, child, or both, are
27 recipients of aid under the Illinois Public Aid Code, the
28 court shall order that the payments be made directly to (a)
29 the Illinois Department of Public Aid if the mother or child,
30 or both, are recipients under Articles IV or V of the Code,
31 or (b) the local governmental unit responsible for the
32 support of the mother or child, or both, if they are
33 recipients under Articles VI or VII of the Code. In
34 accordance with federal law and regulations, the Illinois
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1 Department of Public Aid may continue to collect current
2 maintenance payments or child support payments, or both,
3 after those persons cease to receive public assistance and
4 until termination of services under Article X of the Illinois
5 Public Aid Code. The Illinois Department of Public Aid shall
6 pay the net amount collected to those persons after deducting
7 any costs incurred in making the collection or any collection
8 fee from the amount of any recovery made. The Illinois
9 Department of Public Aid or the local governmental unit, as
10 the case may be, may direct that payments be made directly to
11 the mother of the child, or to some other person or agency in
12 the child's behalf, upon the removal of the mother and child
13 from the public aid rolls or upon termination of services
14 under Article X of the Illinois Public Aid Code; and upon
15 such direction, the Illinois Department or the local
16 governmental unit, as the case requires, shall give notice of
17 such action to the court in writing or by electronic
18 transmission.
19 (4) All clerks of the court and the Court Service
20 Division of a County Department of Public Aid and the
21 Illinois Department of Public Aid, receiving child support
22 payments under paragraphs (1) or (2) shall disburse the same
23 to the person or persons entitled thereto under the terms of
24 the order. They shall establish and maintain clear and
25 current records of all moneys received and disbursed and of
26 defaults and delinquencies in required payments. The court,
27 by order or rule, shall make provision for the carrying out
28 of these duties.
29 in accordance with the Income Withholding for Support
30 Upon notification in writing or by electronic
31 transmission from the Illinois Department of Public Aid to
32 the clerk of the court that a person who is receiving support
33 payments under this Section is receiving services under the
34 Child Support Enforcement Program established by Title IV-D
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1 of the Social Security Act, any support payments subsequently
2 received by the clerk of the court shall be transmitted in
3 accordance with the instructions of the Illinois Department
4 of Public Aid until the Department gives notice to cease the
5 transmittal. After providing the notification authorized
6 under this paragraph, the Illinois Department of Public Aid
7 shall be entitled as a party to notice of any further
8 proceedings in the case. The clerk of the court shall file a
9 copy of the Illinois Department of Public Aid's notification
10 in the court file. The failure of the clerk to file a copy
11 of the notification in the court file shall not, however,
12 affect the Illinois Department of Public Aid's right to
13 receive notice of further proceedings.
14 Except for payments to the State Disbursement Unit
15 established under Section 10-26 of the Illinois Public Aid
16 Code, payments under this Section to the Illinois Department
17 of Public Aid pursuant to the Child Support Enforcement
18 Program established by Title IV-D of the Social Security Act
19 shall be paid into the Child Support Enforcement Trust Fund.
20 All other payments under this Section to the Illinois
21 Department of Public Aid shall be deposited in the Public
22 Assistance Recoveries Trust Fund. Disbursement from these
23 funds shall be as provided in the Illinois Public Aid Code.
24 Payments received by a local governmental unit shall be
25 deposited in that unit's General Assistance Fund.
26 (5) The moneys received by persons or agencies
27 designated by the court shall be disbursed by them in
28 accordance with the order. However, the court, on petition
29 of the state's attorney, may enter new orders designating the
30 clerk of the court or the Illinois Department of Public Aid,
31 as the person or agency authorized to receive and disburse
32 child support payments and, in the case of recipients of
33 public aid, the court, on petition of the Attorney General or
34 State's Attorney, shall direct subsequent payments to be paid
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1 to the Illinois Department of Public Aid or to the
2 appropriate local governmental unit, as provided in paragraph
3 (3). Payments of child support by principals or sureties on
4 bonds, or proceeds of any sale for the enforcement of a
5 judgment shall be made to the clerk of the court, the
6 Illinois Department of Public Aid or the appropriate local
7 governmental unit, as the respective provisions of this
8 Section require.
9 (6) For those cases in which child support is payable to
10 the clerk of the circuit court for transmittal to the
11 Illinois Department of Public Aid by order of court or upon
12 notification by the Illinois Department of Public Aid, the
13 clerk shall transmit all such payments, within 4 working days
14 of receipt, to insure that funds are available for immediate
15 distribution by the Department to the person or entity
16 entitled thereto in accordance with standards of the Child
17 Support Enforcement Program established under Title IV-D of
18 the Social Security Act. The clerk shall notify the
19 Department of the date of receipt and amount thereof at the
20 time of transmittal. Where the clerk has entered into an
21 agreement of cooperation with the Department to record the
22 terms of child support orders and payments made thereunder
23 directly into the Department's automated data processing
24 system, the clerk shall account for, transmit and otherwise
25 distribute child support payments in accordance with such
26 agreement in lieu of the requirements contained herein.
27 (Source: P.A. 90-18, eff. 7-1-97; 90-673, eff. 1-1-99;
28 90-790, eff. 8-14-98; revised 11-5-98.)
29 (750 ILCS 45/21.1 new)
30 Sec. 21.1. Payment of Support to State Disbursement Unit.
31 (a) As used in this Section:
32 "Order for support", "obligor", "obligee", and "payor"
33 mean those terms as defined in the Income Withholding for
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1 Support Act.
2 (b) Notwithstanding any other provision of this Act to
3 the contrary, each order for support entered or modified on
4 or after October 1, 1999 shall require that support payments
5 be made to the State Disbursement Unit established under
6 Section 10-26 of the Illinois Public Aid Code if:
7 (1) a party to the order is receiving child and
8 spouse support services under Article X of the Illinois
9 Public Aid Code; or
10 (2) no party to the order is receiving child and
11 spouse support services, but the support payments are
12 made through income withholding.
13 (c) The Illinois Department of Public Aid shall provide
14 notice to the obligor and, where applicable, to the obligor's
15 payor to make support payments to the State Disbursement Unit
16 if:
17 (1) the order for support was entered before October
18 1, 1999, and a party to the order is receiving child and
19 spouse support services under Article X of the Illinois
20 Public Aid Code; or
21 (2) the order for support was entered before October
22 1, 1999, no party to the order is receiving child and
23 spouse support services, and the support payments are
24 being made through income withholding.
25 (d) The notice required under subsection (c) may be sent
26 by ordinary mail, certified mail, return receipt requested,
27 facsimile transmission, or other electronic process, or may
28 be served upon the obligor or payor using any method provided
29 by law for service of a summons. The Illinois Department of
30 Public Aid shall provide a copy of the notice to the obligee
31 and to the clerk of the court. The clerk shall file the
32 clerk's copy of the notice in the court file.
33 Section 45. The Unemployment Insurance Act is amended by
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1 changing Section 1300 as follows:
2 (820 ILCS 405/1300) (from Ch. 48, par. 540)
3 Sec. 1300. Waiver or transfer of benefit rights -
4 Partial exemption.
5 (A) Except as otherwise provided herein any agreement by
6 an individual to waive, release or commute his rights under
7 this Act shall be void.
8 (B) Benefits due under this Act shall not be assigned,
9 pledged, encumbered, released or commuted and shall be exempt
10 from all claims of creditors and from levy, execution and
11 attachment or other remedy for recovery or collection of a
12 debt. However, nothing in this Section shall prohibit a
13 specified or agreed upon deduction from benefits by an
14 individual, or a court or administrative order for
15 withholding of income, for payment of past due child support
16 from being enforced and collected by the Department of Public
17 Aid on behalf of persons receiving a grant of financial aid
18 under Article IV of The Illinois Public Aid Code, persons for
19 whom an application has been made and approved for support
20 services under Section 10-1 of such Code, or persons
21 similarly situated and receiving like support services in
22 other states. It is provided that:
23 (1) The aforementioned deduction of benefits and
24 order for withholding of income apply only if appropriate
25 arrangements have been made for reimbursement to the
26 Director by the Department of Public Aid for any
27 administrative costs incurred by the Director under this
28 Section.
29 (2) The Director shall deduct and withhold from
30 benefits payable under this Act, or under any arrangement
31 for the payment of benefits entered into by the Director
32 pursuant to the powers granted under Section 2700 of this
33 Act, the amount specified or agreed upon. In the case of
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1 a court or administrative order for withholding of
2 income, the Director shall withhold the amount of the
3 order.
4 (3) Any amount deducted and withheld by the
5 Director shall be paid to the State Disbursement Unit
6 established under Section 10-26 of the Illinois Public
7 Aid Code Department of Public Aid on behalf of the
8 individual.
9 (4) Any amount deducted and withheld under
10 subsection (3) shall for all purposes be treated as if it
11 were paid to the individual as benefits and paid by such
12 individual to the State Disbursement Unit Department of
13 Public Aid in satisfaction of the individual's child
14 support obligations.
15 (5) For the purpose of this Section, child support
16 is defined as those obligations which are being enforced
17 pursuant to a plan described in Title IV, Part D, Section
18 454 of the Social Security Act and approved by the
19 Secretary of Health and Human Services.
20 (6) The deduction of benefits and order for
21 withholding of income for child support shall be governed
22 by Titles III and IV of the Social Security Act and all
23 regulations duly promulgated thereunder.
24 (C) Nothing in this Section prohibits an individual from
25 voluntarily electing to have federal income tax deducted and
26 withheld from his or her unemployment insurance benefit
27 payments.
28 (1) The Director shall, at the time that an
29 individual files his or her claim for benefits that
30 establishes his or her benefit year, inform the
31 individual that:
32 (a) unemployment insurance is subject to
33 federal, State, and local income taxes;
34 (b) requirements exist pertaining to estimated
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1 tax payments;
2 (c) the individual may elect to have federal
3 income tax deducted and withheld from his or her
4 payments of unemployment insurance in the amount
5 specified in the federal Internal Revenue Code; and
6 (d) the individual is permitted to change a
7 previously elected withholding status.
8 (2) Amounts deducted and withheld from unemployment
9 insurance shall remain in the unemployment fund until
10 transferred to the federal taxing authority as a payment
11 of income tax.
12 (3) The Director shall follow all procedures
13 specified by the United States Department of Labor and
14 the federal Internal Revenue Service pertaining to the
15 deducting and withholding of income tax.
16 (4) Amounts shall be deducted and withheld in
17 accordance with the priorities established in rules
18 promulgated by the Director.
19 (D) Nothing in this Section prohibits an individual from
20 voluntarily electing to have State of Illinois income tax
21 deducted and withheld from his or her unemployment insurance
22 benefit payments if such deduction and withholding is
23 provided for pursuant to rules promulgated by the Director.
24 (1) If pursuant to rules promulgated by the
25 Director, an individual may voluntarily elect to have
26 State of Illinois income tax deducted and withheld from
27 his or her unemployment insurance benefit payments, the
28 Director shall, at the time that an individual files his
29 or her claim for benefits that establishes his or her
30 benefit year, in addition to providing the notice
31 required under subsection C, inform the individual that:
32 (a) the individual may elect to have State of
33 Illinois income tax deducted and withheld from his
34 or her payments of unemployment insurance in the
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1 amount specified pursuant to rules promulgated by
2 the Director; and
3 (b) the individual is permitted to change a
4 previously elected withholding status.
5 (2) Amounts deducted and withheld from unemployment
6 insurance shall remain in the unemployment fund until
7 transferred to the Department of Revenue as a payment of
8 State of Illinois income tax.
9 (3) Amounts shall be deducted and withheld in
10 accordance with the priorities established in rules
11 promulgated by the Director.
12 (E) Nothing in this Section prohibits the deduction and
13 withholding of an uncollected overissuance of food stamp
14 coupons from unemployment insurance benefits pursuant to this
15 subsection (E).
16 (1) At the time that an individual files a claim
17 for benefits that establishes his or her benefit year,
18 that individual must disclose whether or not he or she
19 owes an uncollected overissuance (as defined in Section
20 13(c)(1) of the federal Food Stamp Act of 1977) of food
21 stamp coupons. The Director shall notify the State food
22 stamp agency enforcing such obligation of any individual
23 who discloses that he or she owes an uncollected
24 overissuance of food stamp coupons and who meets the
25 monetary eligibility requirements of subsection E of
26 Section 500.
27 (2) The Director shall deduct and withhold from any
28 unemployment insurance benefits payable to an individual
29 who owes an uncollected overissuance of food stamp
30 coupons:
31 (a) the amount specified by the individual to
32 the Director to be deducted and withheld under this
33 subsection (E);
34 (b) the amount (if any) determined pursuant to
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1 an agreement submitted to the State food stamp
2 agency under Section 13(c)(3)(A) of the federal Food
3 Stamp Act of 1977; or
4 (c) any amount otherwise required to be
5 deducted and withheld from unemployment insurance
6 benefits pursuant to Section 13(c)(3)(B) of the
7 federal Food Stamp Act of 1977.
8 (3) Any amount deducted and withheld pursuant to
9 this subsection (E) shall be paid by the Director to the
10 State food stamp agency.
11 (4) Any amount deducted and withheld pursuant to
12 this subsection (E) shall for all purposes be treated as
13 if it were paid to the individual as unemployment
14 insurance benefits and paid by the individual to the
15 State food stamp agency as repayment of the individual's
16 uncollected overissuance of food stamp coupons.
17 (5) For purposes of this subsection (E),
18 "unemployment insurance benefits" means any compensation
19 payable under this Act including amounts payable by the
20 Director pursuant to an agreement under any federal law
21 providing for compensation, assistance, or allowances
22 with respect to unemployment.
23 (6) This subsection (E) applies only if
24 arrangements have been made for reimbursement by the
25 State food stamp agency for the administrative costs
26 incurred by the Director under this subsection (E) which
27 are attributable to the repayment of uncollected
28 overissuances of food stamp coupons to the State food
29 stamp agency.
30 (Source: P.A. 89-446, eff. 1-1-97; 90-425, eff. 8-15-97;
31 90-554, eff. 12-12-97.)
32 Section 99. Effective date. This Act takes effect upon
33 becoming law.
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1 INDEX
2 Statutes amended in order of appearance
3 15 ILCS 405/10.05a from Ch. 15, par. 210.05a
4 20 ILCS 2505/39b52
5 35 ILCS 5/901 from Ch. 120, par. 9-901
6 305 ILCS 5/10-8 from Ch. 23, par. 10-8
7 305 ILCS 5/10-10 from Ch. 23, par. 10-10
8 305 ILCS 5/10-10.4 new
9 305 ILCS 5/10-16 from Ch. 23, par. 10-16
10 305 ILCS 5/10-17.9
11 305 ILCS 5/10-19 from Ch. 23, par. 10-19
12 305 ILCS 5/10-26 new
13 305 ILCS 5/12-8.1 new
14 305 ILCS 5/12-9 from Ch. 23, par. 12-9
15 305 ILCS 5/12-10.2 from Ch. 23, par. 12-10.2
16 750 ILCS 5/507.1 new
17 750 ILCS 5/705 from Ch. 40, par. 705
18 750 ILCS 5/709 from Ch. 40, par. 709
19 750 ILCS 15/2.1 from Ch. 40, par. 1105
20 750 ILCS 15/2.2 new
21 750 ILCS 28/15
22 750 ILCS 28/20
23 750 ILCS 28/35
24 750 ILCS 28/45
25 750 ILCS 45/21 from Ch. 40, par. 2521
26 750 ILCS 45/21.1 new
27 820 ILCS 405/1300 from Ch. 48, par. 540