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91_SB1063enr SB1063 Enrolled 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 CodeDepartmentthat 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 UnitDepartment22the entire amount certified. The Comptroller shall provide 23 the Department with the address to which the warrant or other 24 payment was to be mailed and the social security number of 25 each person from whom a deduction is made pursuant to this 26 Section. 27 (Source: P.A. 84-825.) 28 Section 10. The Civil Administrative Code of Illinois is 29 amended by changing Section 39b52 as follows: SB1063 Enrolled -2- LRB9101195SMdvA 1 (20 ILCS 2505/39b52) 2 Sec. 39b52. Collection of past due support. Upon 3 certification of past due child support amounts from the 4 Department of Public Aid, the Department of Revenue may 5 collect the delinquency in any manner authorized for the 6 collection of any tax administered by the Department of 7 Revenue. The Department of Revenue shall notify the 8 Department of Public Aid when the delinquency or any portion 9 of the delinquency has been collected under this Section. 10 Any child support delinquency collected by the Department of 11 Revenue, including those amounts that result in overpayment 12 of a child support delinquency, shall be paid to the State 13 Disbursement Unit established under Section 10-26 of the 14 Illinois Public Aid Codedeposited in, or transferred to, the15Child 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 SB1063 Enrolled -3- LRB9101195SMdvA 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 Codeinto the Child Support10Enforcement Trust Fund, a special fund outside the State11Treasury. 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 SB1063 Enrolled -4- LRB9101195SMdvA 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, SB1063 Enrolled -5- LRB9101195SMdvA 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 SB1063 Enrolled -6- LRB9101195SMdvA 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 SB1063 Enrolled -7- LRB9101195SMdvA 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.) SB1063 Enrolled -8- LRB9101195SMdvA 1 Section 20. The Illinois Public Aid Code is amended by 2 changing Sections 10-8, 10-10, 10-10.3, 10-11, 10-15, 10-16, 3 10-17.9, 10-19, 12-9, and 12-10.2 and by adding Sections 4 10-10.4, 10-10.5, 10-11.2, and 10-26 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. SB1063 Enrolled -9- LRB9101195SMdvA 1 Payments under this Section to the Illinois Department 2 pursuant to the Child Support Enforcement Program established 3 by Title IV-D of the Social Security Act shall be paid into 4 the Child Support Enforcement Trust Fund. All other payments 5 under this Section to the Illinois Department shall be 6 deposited in the Public Assistance Recoveries Trust Fund. 7 Disbursements from these funds shall be as provided in 8 Sections 12-9 and 12-10.2 of this Code. Payments received by 9 a local governmental unit shall be deposited in that unit's 10 General Assistance Fund. 11 To the extent the provisions of this Section are 12 inconsistent with the requirements pertaining to the State 13 Disbursement Unit under Sections 10-10.4 and 10-26 of this 14 Code, the requirements pertaining to the State Disbursement 15 Unit shall apply. 16 (Source: P.A. 83-1126.) 17 (305 ILCS 5/10-10) (from Ch. 23, par. 10-10) 18 Sec. 10-10. Court enforcement; applicability also to 19 persons who are not applicants or recipients. Except where 20 the Illinois Department, by agreement, acts for the local 21 governmental unit, as provided in Section 10-3.1, local 22 governmental units shall refer to the State's Attorney or to 23 the proper legal representative of the governmental unit, for 24 judicial enforcement as herein provided, instances of 25 non-support or insufficient support when the dependents are 26 applicants or recipients under Article VI. The Child and 27 Spouse Support Unit established by Section 10-3.1 may 28 institute in behalf of the Illinois Department any actions 29 under this Section for judicial enforcement of the support 30 liability when the dependents are (a) applicants or 31 recipients under Articles III, IV, V or VII (b) applicants or 32 recipients in a local governmental unit when the Illinois 33 Department, by agreement, acts for the unit; or (c) SB1063 Enrolled -10- LRB9101195SMdvA 1 non-applicants or non-recipients who are receiving support 2 enforcement services under this Article X, as provided in 3 Section 10-1. Where the Child and Spouse Support Unit has 4 exercised its option and discretion not to apply the 5 provisions of Sections 10-3 through 10-8, the failure by the 6 Unit to apply such provisions shall not be a bar to bringing 7 an action under this Section. 8 Action shall be brought in the circuit court to obtain 9 support, or for the recovery of aid granted during the period 10 such support was not provided, or both for the obtainment of 11 support and the recovery of the aid provided. Actions for 12 the recovery of aid may be taken separately or they may be 13 consolidated with actions to obtain support. Such actions 14 may be brought in the name of the person or persons requiring 15 support, or may be brought in the name of the Illinois 16 Department or the local governmental unit, as the case 17 requires, in behalf of such persons. 18 The court may enter such orders for the payment of moneys 19 for the support of the person as may be just and equitable 20 and may direct payment thereof for such period or periods of 21 time as the circumstances require, including support for a 22 period before the date the order for support is entered. The 23 order may be entered against any or all of the defendant 24 responsible relatives and may be based upon the proportionate 25 ability of each to contribute to the person's support. 26 The Court shall determine the amount of child support 27 (including child support for a period before the date the 28 order for child support is entered) by using the guidelines 29 and standards set forth in subsection (a) of Section 505 and 30 in Section 505.2 of the Illinois Marriage and Dissolution of 31 Marriage Act. For purposes of determining the amount of child 32 support to be paid for a period before the date the order for 33 child support is entered, there is a rebuttable presumption 34 that the responsible relative's net income for that period SB1063 Enrolled -11- LRB9101195SMdvA 1 was the same as his or her net income at the time the order 2 is entered. 3 An order entered under this Section shall include a 4 provision requiring the obligor to report to the obligee and 5 to the clerk of court within 10 days each time the obligor 6 obtains new employment, and each time the obligor's 7 employment is terminated for any reason. The report shall be 8 in writing and shall, in the case of new employment, include 9 the name and address of the new employer. Failure to report 10 new employment or the termination of current employment, if 11 coupled with nonpayment of support for a period in excess of 12 60 days, is indirect criminal contempt. For any obligor 13 arrested for failure to report new employment bond shall be 14 set in the amount of the child support that should have been 15 paid during the period of unreported employment. An order 16 entered under this Section shall also include a provision 17 requiring the obligor and obligee parents to advise each 18 other of a change in residence within 5 days of the change 19 except when the court finds that the physical, mental, or 20 emotional health of a party or that of a minor child, or 21 both, would be seriously endangered by disclosure of the 22 party's address. 23 The Court shall determine the amount of maintenance using 24 the standards set forth in Section 504 of the Illinois 25 Marriage and Dissolution of Marriage Act. 26 Any new or existing support order entered by the court 27 under this Section shall be deemed to be a series of 28 judgments against the person obligated to pay support 29 thereunder, each such judgment to be in the amount of each 30 payment or installment of support and each such judgment to 31 be deemed entered as of the date the corresponding payment or 32 installment becomes due under the terms of the support order. 33 Each such judgment shall have the full force, effect and 34 attributes of any other judgment of this State, including the SB1063 Enrolled -12- LRB9101195SMdvA 1 ability to be enforced. Any such judgment is subject to 2 modification or termination only in accordance with Section 3 510 of the Illinois Marriage and Dissolution of Marriage Act. 4 A lien arises by operation of law against the real and 5 personal property of the noncustodial parent for each 6 installment of overdue support owed by the noncustodial 7 parent. 8 When an order is entered for the support of a minor, the 9 court may provide therein for reasonable visitation of the 10 minor by the person or persons who provided support pursuant 11 to the order. Whoever willfully refuses to comply with such 12 visitation order or willfully interferes with its enforcement 13 may be declared in contempt of court and punished therefor. 14 Except where the local governmental unit has entered into 15 an agreement with the Illinois Department for the Child and 16 Spouse Support Unit to act for it, as provided in Section 17 10-3.1, support orders entered by the court in cases 18 involving applicants or recipients under Article VI shall 19 provide that payments thereunder be made directly to the 20 local governmental unit. Orders for the support of all other 21 applicants or recipients shall provide that payments 22 thereunder be made directly to the Illinois Department. In 23 accordance with federal law and regulations, the Illinois 24 Department may continue to collect current maintenance 25 payments or child support payments, or both, after those 26 persons cease to receive public assistance and until 27 termination of services under Article X. The Illinois 28 Department shall pay the net amount collected to those 29 persons after deducting any costs incurred in making the 30 collection or any collection fee from the amount of any 31 recovery made. In both cases the order shall permit the 32 local governmental unit or the Illinois Department, as the 33 case may be, to direct the responsible relative or relatives 34 to make support payments directly to the needy person, or to SB1063 Enrolled -13- LRB9101195SMdvA 1 some person or agency in his behalf, upon removal of the 2 person from the public aid rolls or upon termination of 3 services under Article X. 4 If the notice of support due issued pursuant to Section 5 10-7 directs that support payments be made directly to the 6 needy person, or to some person or agency in his behalf, and 7 the recipient is removed from the public aid rolls, court 8 action may be taken against the responsible relative 9 hereunder if he fails to furnish support in accordance with 10 the terms of such notice. 11 Actions may also be brought under this Section in behalf 12 of any person who is in need of support from responsible 13 relatives, as defined in Section 2-11 of Article II who is 14 not an applicant for or recipient of financial aid under this 15 Code. In such instances, the State's Attorney of the county 16 in which such person resides shall bring action against the 17 responsible relatives hereunder. If the Illinois Department, 18 as authorized by Section 10-1, extends the support services 19 provided by this Article to spouses and dependent children 20 who are not applicants or recipients under this Code, the 21 Child and Spouse Support Unit established by Section 10-3.1 22 shall bring action against the responsible relatives 23 hereunder and any support orders entered by the court in such 24 cases shall provide that payments thereunder be made directly 25 to the Illinois Department. 26 Whenever it is determined in a proceeding to establish or 27 enforce a child support or maintenance obligation that the 28 person owing a duty of support is unemployed, the court may 29 order the person to seek employment and report periodically 30 to the court with a diary, listing or other memorandum of his 31 or her efforts in accordance with such order. Additionally, 32 the court may order the unemployed person to report to the 33 Department of Employment Security for job search services or 34 to make application with the local Jobs Training Partnership SB1063 Enrolled -14- LRB9101195SMdvA 1 Act provider for participation in job search, training or 2 work programs and where the duty of support is owed to a 3 child receiving support services under this Article X, the 4 court may order the unemployed person to report to the 5 Illinois Department for participation in job search, training 6 or work programs established under Section 9-6 and Article 7 IXA of this Code. 8 Whenever it is determined that a person owes past-due 9 support for a child receiving assistance under this Code, the 10 court shall order at the request of the Illinois Department: 11 (1) that the person pay the past-due support in 12 accordance with a plan approved by the court; or 13 (2) if the person owing past-due support is 14 unemployed, is subject to such a plan, and is not 15 incapacitated, that the person participate in such job 16 search, training, or work programs established under 17 Section 9-6 and Article IXA of this Code as the court 18 deems appropriate. 19 A determination under this Section shall not be 20 administratively reviewable by the procedures specified in 21 Sections 10-12, and 10-13 to 10-13.10. Any determination 22 under these Sections, if made the basis of court action under 23 this Section, shall not affect the de novo judicial 24 determination required under this Section. 25 A one-time charge of 20% is imposable upon the amount of 26 past-due child support owed on July 1, 1988 which has accrued 27 under a support order entered by the court. The charge shall 28 be imposed in accordance with the provisions of Section 10-21 29 of this Code and shall be enforced by the court upon 30 petition. 31 All orders for support, when entered or modified, shall 32 include a provision requiring the non-custodial parent to 33 notify the court and, in cases in which a party is receiving 34 child and spouse support services under this Article X, the SB1063 Enrolled -15- LRB9101195SMdvA 1 Illinois Department, within 7 days, (i) of the name, address, 2 and telephone number of any new employer of the non-custodial 3 parent, (ii) whether the non-custodial parent has access to 4 health insurance coverage through the employer or other group 5 coverage and, if so, the policy name and number and the names 6 of persons covered under the policy, and (iii) of any new 7 residential or mailing address or telephone number of the 8 non-custodial parent. In any subsequent action to enforce a 9 support order, upon a sufficient showing that a diligent 10 effort has been made to ascertain the location of the 11 non-custodial parent, service of process or provision of 12 notice necessary in the case may be made at the last known 13 address of the non-custodial parent in any manner expressly 14 provided by the Code of Civil Procedure or this Code, which 15 service shall be sufficient for purposes of due process. 16in accordance with the Income Withholding for Support Act17 An order for support shall include a date on which the 18 current support obligation terminates. The termination date 19 shall be no earlier than the date on which the child covered 20 by the order will attain the age of majority or is otherwise 21 emancipated. The order for support shall state that the 22 termination date does not apply to any arrearage that may 23 remain unpaid on that date. Nothing in this paragraph shall 24 be construed to prevent the court from modifying the order. 25 Upon notification in writing or by electronic 26 transmission from the Illinois Department to the clerk of the 27 court that a person who is receiving support payments under 28 this Section is receiving services under the Child Support 29 Enforcement Program established by Title IV-D of the Social 30 Security Act, any support payments subsequently received by 31 the clerk of the court shall be transmitted in accordance 32 with the instructions of the Illinois Department until the 33 Illinois Department gives notice to the clerk of the court to 34 cease the transmittal. After providing the notification SB1063 Enrolled -16- LRB9101195SMdvA 1 authorized under this paragraph, the Illinois Department 2 shall be entitled as a party to notice of any further 3 proceedings in the case. The clerk of the court shall file a 4 copy of the Illinois Department's notification in the court 5 file. The clerk's failure to file a copy of the 6 notification in the court file shall not, however, affect the 7 Illinois Department's right to receive notice of further 8 proceedings. 9 Payments under this Section to the Illinois Department 10 pursuant to the Child Support Enforcement Program established 11 by Title IV-D of the Social Security Act shall be paid into 12 the Child Support Enforcement Trust Fund. All other payments 13 under this Section to the Illinois Department shall be 14 deposited in the Public Assistance Recoveries Trust Fund. 15 Disbursements from these funds shall be as provided in 16 Sections 12-9 and 12-10.2 of this Code. Payments received by 17 a local governmental unit shall be deposited in that unit's 18 General Assistance Fund. 19 To the extent the provisions of this Section are 20 inconsistent with the requirements pertaining to the State 21 Disbursement Unit under Sections 10-10.4 and 10-26 of this 22 Code, the requirements pertaining to the State Disbursement 23 Unit shall apply. 24 (Source: P.A. 90-18, eff. 7-1-97; 90-539, eff. 6-1-98; 25 90-655, eff. 7-30-98; 90-673, eff. 1-1-99; 90-790, eff. 26 8-14-98; revised 9-14-98.) 27 (305 ILCS 5/10-10.3) (from Ch. 23, par. 10-10.3) 28 Sec. 10-10.3. For those cases in which child support is 29 payable to the clerk of the circuit court for transmittal to 30 the Illinois Department by order of court, the clerk shall 31 transmit all such payments, within 4 working days of receipt, 32 to insure that funds are available for immediate distribution 33 by the Department to the person or entity entitled thereto in SB1063 Enrolled -17- LRB9101195SMdvA 1 accordance with standards of the Child Support Enforcement 2 Program established under Title IV-D of the Social Security 3 Act. The clerk shall notify the Department of the date of 4 receipt and amount thereof at the time of transmittal. Where 5 the clerk has entered into an agreement of cooperation with 6 the Department to record the terms of child support orders 7 and payments made thereunder directly into the Department's 8 automated data processing system, the clerk shall account 9 for, transmit and otherwise distribute child support payments 10 in accordance with such agreement in lieu of the requirements 11 contained herein. 12 To the extent the provisions of this Section are 13 inconsistent with the requirements pertaining to the State 14 Disbursement Unit under Sections 10-10.4 and 10-26 of this 15 Code, the requirements pertaining to the State Disbursement 16 Unit shall apply. 17 (Source: P.A. 86-1184.) 18 (305 ILCS 5/10-10.4 new) 19 Sec. 10-10.4. Payment of Support to State Disbursement 20 Unit. 21 (a) As used in this Section: 22 "Order for support", "obligor", "obligee", and "payor" 23 mean those terms as defined in the Income Withholding for 24 Support Act. 25 (b) Notwithstanding any other provision of this Code to 26 the contrary, each court or administrative order for support 27 entered or modified on or after October 1, 1999 shall require 28 that support payments be made to the State Disbursement Unit 29 established under Section 10-26 if: 30 (1) a party to the order is receiving child and 31 spouse support services under this Article X; or 32 (2) no party to the order is receiving child and 33 spouse support services, but the support payments are SB1063 Enrolled -18- LRB9101195SMdvA 1 made through income withholding. 2 (c) The Illinois Department shall provide notice to the 3 obligor and, where applicable, to the obligor's payor to make 4 support payments to the State Disbursement Unit if: 5 (1) the order for support was entered before 6 October 1, 1999, and a party to the order is receiving 7 child and spouse support services under this Article X; 8 or 9 (2) the order for support was entered after January 10 1, 1994, no party to the order is receiving child and 11 spouse support services, and the support payments are 12 being made through income withholding. 13 (d) The notice required under subsection (c) may be sent 14 by ordinary mail, certified mail, return receipt requested, 15 facsimile transmission, or other electronic process, or may 16 be served upon the obligor or payor using any method provided 17 by law for service of a summons. A copy of the notice shall 18 be provided to the obligee and, when the order for support 19 was entered by the court, to the clerk of the court. 20 (305 ILCS 5/10-10.5 new) 21 Sec. 10-10.5. Information to State Case Registry. 22 (a) When an order for support is entered or modified by 23 the circuit court under Section 10-10, the clerk of the 24 circuit court shall, within 5 business days, provide to the 25 Illinois Department's State Case Registry established under 26 Section 10-27 of this Code the court docket number and county 27 in which the order is entered or modified and the following 28 information, which the parties shall disclose to the court: 29 (1) The names of the custodial and non-custodial 30 parents and the child or children covered by the order. 31 (2) The dates of birth of the custodial and 32 non-custodial parents and of the child or children 33 covered by the order. SB1063 Enrolled -19- LRB9101195SMdvA 1 (3) The social security numbers of the custodial 2 and non-custodial parents and of the child or children 3 covered by the order. 4 (4) The residential and mailing addresses for the 5 custodial and non-custodial parents. 6 (5) The telephone numbers for the custodial and 7 non-custodial parents. 8 (6) The driver's license numbers for the custodial 9 and non-custodial parents. 10 (7) The name, address, and telephone number of each 11 parent's employer or employers. 12 (b) When a child support order is entered or modified 13 for a case in which a party is receiving child and spouse 14 support services under Article X of this Code, the clerk 15 shall provide the State Case Registry with the following 16 information: 17 (1) The information specified in subsection (a) of 18 this Section. 19 (2) The amount of monthly or other periodic support 20 owed under the order and other amounts, including 21 arrearages, interest, or late payment penalties and fees, 22 due or overdue under the order. 23 (3) Any amounts described in subdivision (2) of 24 this subsection (b) that have been received by the clerk. 25 (4) The distribution of the amounts received by the 26 clerk. 27 (c) A party shall report to the clerk of the circuit 28 court changes in information required to the disclosed under 29 this Section within 5 business days of the change. 30 (d) To the extent that updated information is in the 31 clerk's possession, the clerk shall provide updates of the 32 information specified in subsection (b) of this Section 33 within 5 business days after the Illinois Department's 34 request for that updated information. SB1063 Enrolled -20- LRB9101195SMdvA 1 (305 ILCS 5/10-11) (from Ch. 23, par. 10-11) 2 Sec. 10-11. Administrative Orders. In lieu of actions 3 for court enforcement of support under Section 10-10, the 4 Child and Spouse Support Unit of the Illinois Department, in 5 accordance with the rules of the Illinois Department, may 6 issue an administrative order requiring the responsible 7 relative to comply with the terms of the determination and 8 notice of support due, determined and issued under Sections 9 10-6 and 10-7. The Unit may also enter an administrative 10 order under subsection (b) of Section 10-7. The 11 administrative order shall be served upon the responsible 12 relative by United States registered or certified mail. In 13 cases in which the responsible relative appeared at the 14 office of the Child and Spouse Support Unit in response to 15 the notice of support obligation issued under Section 10-4, 16 however, or in cases of default in which the notice was 17 served on the responsible relative by certified mail, return 18 receipt requested,or by a private person as authorized under19Section 10-4,or by any method provided by law for service of 20 summons, the administrative determination of paternity or 21 administrative support order may be sent to the responsible 22 relative by ordinary mail addressed to the responsible 23 relative's last known address. 24 If a responsible relative or a person receiving child and 25 spouse support services under this Article fails to petition 26 the Illinois Department for release from or modification of 27 the administrative order, as provided in Section 10-12 or 28 Section 10-12.1, the order shall become final and there shall 29 be no further administrative or judicial remedy. Likewise a 30 decision by the Illinois Department as a result of an 31 administrative hearing, as provided in Sections 10-13 to 32 10-13.10, shall become final and enforceable if not 33 judicially reviewed under the Administrative Review Law, as 34 provided in Section 10-14. SB1063 Enrolled -21- LRB9101195SMdvA 1 Any new or existing support order entered by the Illinois 2 Department under this Section shall be deemed to be a series 3 of judgments against the person obligated to pay support 4 thereunder, each such judgment to be in the amount of each 5 payment or installment of support and each such judgment to 6 be deemed entered as of the date the corresponding payment or 7 installment becomes due under the terms of the support order. 8 Each such judgment shall have the full force, effect and 9 attributes of any other judgment of this State, including the 10 ability to be enforced. Any such judgment is subject to 11 modification or termination only in accordance with Section 12 510 of the Illinois Marriage and Dissolution of Marriage Act. 13 A lien arises by operation of law against the real and 14 personal property of the noncustodial parent for each 15 installment of overdue support owed by the noncustodial 16 parent. 17 An order entered under this Section shall include a 18 provision requiring the obligor to report to the obligee and 19 to the clerk of court within 10 days each time the obligor 20 obtains new employment, and each time the obligor's 21 employment is terminated for any reason. The report shall be 22 in writing and shall, in the case of new employment, include 23 the name and address of the new employer. Failure to report 24 new employment or the termination of current employment, if 25 coupled with nonpayment of support for a period in excess of 26 60 days, is indirect criminal contempt. For any obligor 27 arrested for failure to report new employment bond shall be 28 set in the amount of the child support that should have been 29 paid during the period of unreported employment. An order 30 entered under this Section shall also include a provision 31 requiring the obligor and obligee parents to advise each 32 other of a change in residence within 5 days of the change 33 except when the court finds that the physical, mental, or 34 emotional health of a party or that of a minor child, or SB1063 Enrolled -22- LRB9101195SMdvA 1 both, would be seriously endangered by disclosure of the 2 party's address. 3 A one-time charge of 20% is imposable upon the amount of 4 past-due child support owed on July 1, 1988, which has 5 accrued under a support order entered by the Illinois 6 Department under this Section. The charge shall be imposed 7 in accordance with the provisions of Section 10-21 and shall 8 be enforced by the court in a suit filed under Section 10-15. 9 (Source: P.A. 90-18, eff. 7-1-97; 90-539, eff. 6-1-98; 10 90-655, eff. 7-30-98; 90-790, eff. 8-14-98.) 11 (305 ILCS 5/10-11.2 new) 12 Sec. 10-11.2. Administrative support order information 13 for State Case Registry. When the Illinois Department enters 14 an administrative support order under Section 10-8.1 or 15 Section 10-11, or modifies such an order, the custodial 16 parent and the non-custodial parent shall provide to the 17 Illinois Department, and update as appropriate, the following 18 information to be included in the State Case Registry 19 established under Section 10-27: 20 (1) The names of the custodial and non-custodial 21 parents and of the child or children covered by the 22 order. 23 (2) The dates of birth of the custodial and 24 non-custodial parents and of the child or children 25 covered by the order. 26 (3) The social security numbers of the custodial 27 and non-custodial parents and of the child or children 28 covered by the order. 29 (4) The residential and mailing addresses for the 30 custodial and non-custodial parents. 31 (5) The telephone numbers for the custodial and 32 non-custodial parents. 33 (6) The driver's license numbers for the custodial SB1063 Enrolled -23- LRB9101195SMdvA 1 and non-custodial parents. 2 (7) The name, address, and telephone number of each 3 parent's employer or employers. 4 (8) Any other information that may be required 5 under Title IV, Part D of the Social Security Act or 6 regulations promulgated thereunder. 7 (305 ILCS 5/10-15) (from Ch. 23, par. 10-15) 8 Sec. 10-15. Enforcement of Administrative Order - Costs 9 and Fees. If a responsible relative refuses, neglects, or 10 fails to comply with a final administrative support or 11 reimbursement order of the Illinois Department entered by the 12 Child and Spouse Support Unit pursuant to Sections 10-11 or 13 10-11.1 or registered pursuant to Section 10-17.1, the Child 14 and Spouse Support Unit may file suit against the responsible 15 relative or relatives to secure compliance with the 16 administrative order. 17 Suits shall be instituted in the name of the People of 18 the State of Illinois on the relation of the Department of 19 Public Aid of the State of Illinois and the spouse or 20 dependent children for whom the support order has been 21 issued. 22 The court shall order the payment of the support 23 obligation, or orders for reimbursement of moneys for support 24 provided, directly to the Illinois Department but the order 25 shall permit the Illinois Department to direct the 26 responsible relative or relatives to make payments of support 27 directly to the spouse or dependent children, or to some 28 person or agency in his or their behalf, as provided in 29 Section 10-8 or 10-10, as applicable. 30 Whenever it is determined in a proceeding to enforce an 31 administrative order that the responsible relative is 32 unemployed, and support is sought on behalf of applicants for 33 or recipients of financial aid under Article IV of this Code SB1063 Enrolled -24- LRB9101195SMdvA 1 or other persons who are given access to the child and spouse 2 support services of this Article as provided in Section 10-1, 3 the court may order the responsible relative to seek 4 employment and report periodically to the court with a diary, 5 listing or other memorandum of his or her efforts in 6 accordance with such order. In addition, the court may order 7 the unemployed responsible relative to report to the Illinois 8 Department for participation in job search, training or work 9 programs established under Section 9-6 of this Code or to the 10 Illinois Department of Employment Security for job search 11 services or to make application with the local Jobs Training 12 Partnership Act provider for participation in job search, 13 training or work programs. 14 Charges imposed in accordance with the provisions of 15 Section 10-21 shall be enforced by the Court in a suit filed 16 under this Section. 17 To the extent the provisions of this Section are 18 inconsistent with the requirements pertaining to the State 19 Disbursement Unit under Sections 10-10.4 and 10-26 of this 20 Code, the requirements pertaining to the State Disbursement 21 Unit shall apply. 22 (Source: P.A. 85-1440.) 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 SB1063 Enrolled -25- LRB9101195SMdvA 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 Payments under this Section to the Illinois Department 22 pursuant to the Child Support Enforcement Program established 23 by Title IV-D of the Social Security Act shall be paid into 24 the Child Support Enforcement Trust Fund. All other payments 25 under this Section to the Illinois Department shall be 26 deposited in the Public Assistance Recoveries Trust Fund. 27 Disbursements from these funds shall be as provided in 28 Sections 12-9 and 12-10.2 of this Code. Payments received by 29 a local governmental unit shall be deposited in that unit's 30 General Assistance Fund. 31 In addition to the penalties or punishment that may be 32 imposed under this Section, any person whose conduct 33 constitutes a violation of Section 1 of the Non-Support of 34 Spouse and Children Act may be prosecuted under that Section, SB1063 Enrolled -26- LRB9101195SMdvA 1 and a person convicted under that Section may be sentenced in 2 accordance with that Section. The sentence may include but 3 need not be limited to a requirement that the person perform 4 community service under subsection (b) of that Section or 5 participate in a work alternative program under subsection 6 (c) of that Section. A person may not be required to 7 participate in a work alternative program under subsection 8 (c) of that Section if the person is currently participating 9 in a work program pursuant to Section 10-11.1 of this Code. 10 To the extent the provisions of this Section are 11 inconsistent with the requirements pertaining to the State 12 Disbursement Unit under Sections 10-10.4 and 10-26 of this 13 Code, the requirements pertaining to the State Disbursement 14 Unit shall apply. 15 (Source: P.A. 90-733, eff. 8-11-98.) 16 (305 ILCS 5/10-17.9) 17 Sec. 10-17.9. Past due support information to State 18 Department of Revenue. 19 (a) The Illinois Department may provide by rule for 20 certification to the Illinois Department of Revenue of past 21 due support owed by responsible relatives under a support 22 order entered by a court or administrative body of this or 23 any other State on behalf of resident or non-resident 24 persons. The rule shall provide for notice to and an 25 opportunity to be heard by each responsible relative 26 affected. Any final administrative decision rendered by the 27 Department shall be reviewed only under and in accordance 28 with the Administrative Review Law. A responsible relative 29 may avoid certification to the Illinois Department of Revenue 30 by establishing a satisfactory repayment record as determined 31 by the Illinois Department of Public Aid. 32 (b) A certified past due support amount shall be final. 33 The certified amount shall be payable to the Illinois SB1063 Enrolled -27- LRB9101195SMdvA 1 Department of Revenue upon written notification of the 2 certification to the responsible relative by the Illinois 3 Department of Revenue. 4 (c) In the event a responsible relative overpays 5 pursuant to collection under this Section and the applicable 6 Sections of the Illinois Income Tax Act, the overpayment 7 shall be a credit against future support obligations. If the 8 current support obligation of the responsible relative has 9 terminated under operation of law or court order, any moneys 10 overpaid but still in the possession of the Department shall 11 be promptly returned to the responsible relative. 12 (d) Except as otherwise provided in this Article, any 13 child support delinquency certified to the Illinois 14 Department of Revenue shall be treated as a child support 15 delinquency for all other purposes, and any collection action 16 by the State's Attorney or the Illinois Department of Revenue 17 with respect to any delinquency certified under this Article 18 shall have the same priority against attachment, execution, 19 assignment, or other collection action as is provided by any 20 other provision of State law. 21 (e) Any child support delinquency collected by the 22 Illinois Department of Revenue, including those amounts that 23 result in overpayment of a child support delinquency, shall 24 be paid to the State Disbursement Unit established under 25 Section 10-26deposited in, or transferred to, the Child26Support Enforcement Trust Fund. 27 (Source: P.A. 89-6, eff. 12-31-95.) 28 (305 ILCS 5/10-19) (from Ch. 23, par. 10-19) 29 Sec. 10-19.(Support payments ordered under other laws; 30 where deposited.)The Illinois Department and local 31 governmental units are authorized to receive payments 32 directed by court order for the support of recipients, as 33 provided in the following Acts: SB1063 Enrolled -28- LRB9101195SMdvA 1 1. "Non-Support of Spouse and Children Act", approved 2 June 24, 1915, as amended, 3 2. "Illinois Marriage and Dissolution of Marriage Act", 4 as now or hereafter amended, 5 3. The Illinois Parentage Act, as amended, 6 4. "Revised Uniform Reciprocal Enforcement of Support 7 Act", approved August 28, 1969, as amended, 8 5. The Juvenile Court Act or the Juvenile Court Act of 9 1987, as amended, 10 6. The "Unified Code of Corrections", approved July 26, 11 1972, as amended, 12 7. Part 7 of Article XII of the Code of Civil Procedure, 13 as amended, 14 8. Part 8 of Article XII of the Code of Civil Procedure, 15 as amended, and 16 9. Other laws which may provide by judicial order for 17 direct payment of support moneys. 18 Payments under this Section to the Illinois Department 19 pursuant to the Child Support Enforcement Program established 20 by Title IV-D of the Social Security Act shall be paid into 21 the Child Support Enforcement Trust Fund. All other payments 22 under this Section to the Illinois Department shall be 23 deposited in the Public Assistance Recoveries Trust Fund. 24 Disbursements from these funds shall be as provided in 25 Sections 12-9 and 12-10.2 of this Code. Payments received by 26 a local governmental unit shall be deposited in that unit's 27 General Assistance Fund. 28 To the extent the provisions of this Section are 29 inconsistent with the requirements pertaining to the State 30 Disbursement Unit under Sections 10-10.4 and 10-26 of this 31 Code, the requirements pertaining to the State Disbursement 32 Unit shall apply. 33 (Source: P.A. 86-1028.) SB1063 Enrolled -29- LRB9101195SMdvA 1 (305 ILCS 5/10-26 new) 2 Sec. 10-26. State Disbursement Unit. 3 (a) Effective October 1, 1999 the Illinois Department 4 shall establish a State Disbursement Unit in accordance with 5 the requirements of Title IV-D of the Social Security Act. 6 The Illinois Department shall enter into an agreement with a 7 State or local governmental unit or private entity to perform 8 the functions of the State Disbursement Unit as set forth in 9 this Section. The purpose of the State Disbursement Unit 10 shall be to collect and disburse support payments made under 11 court and administrative support orders: 12 (1) being enforced in cases in which child and 13 spouse support services are being provided under this 14 Article X; and 15 (2) in all cases in which the order for support was 16 entered after January 1, 1994, child and spouse support 17 services are not being provided under this Article X, and 18 in which support payments are made under the provisions 19 of the Income Withholding for Support Act. 20 (b) All payments received by the State Disbursement 21 Unit: 22 (1) shall be deposited into an account obtained by 23 the State or local governmental unit or private entity, 24 as the case may be, and 25 (2) distributed and disbursed by the State 26 Disbursement Unit, in accordance with the directions of 27 the Illinois Department, pursuant to Title IV-D of the 28 Social Security Act and rules promulgated by the 29 Department. 30 (c) All support payments assigned to the Illinois 31 Department under Article X of this Code and rules promulgated 32 by the Illinois Department that are disbursed to the Illinois 33 Department by the State Disbursement Unit shall be paid into 34 the Child Support Enforcement Trust Fund. SB1063 Enrolled -30- LRB9101195SMdvA 1 (d) If the agreement with the State or local 2 governmental unit or private entity provided for in this 3 Section is not in effect for any reason, the Department shall 4 perform the functions of the State Disbursement Unit as set 5 forth in this Section for a maximum of 12 months. 6 (305 ILCS 5/12-9) (from Ch. 23, par. 12-9) 7 Sec. 12-9. Public Assistance Recoveries Trust Fund; 8 uses. The Public Assistance Recoveries Trust Fund shall 9 consist of recoveries authorized by this Code in respect to 10 applicants or recipients under Articles III, IV, V, VI and 11 VII, including recoveries from the estates of deceased 12 recipients, and payments received by the Illinois Department 13 under Sections 10-3.1, 10-8, 10-10, 10-16, and 10-19 except 14 those pursuant to the Child Support Enforcement Program 15 established by Title IV-D of the Social Security Act and 16 required to be paid to the State Disbursement Unit 17 established under Section 10-26 of this Code or into the 18 Child Support Enforcement Trust Fund under Section 12-10.2 of 19 this Code, that are required by such Sections to be paid into 20 the Public Assistance Recoveries Trust Fund. Until July 1, 21 1998, this fund shall be held by the State treasurer as 22 ex-officio custodian outside the State treasury. After June 23 30, 1998, the fund shall be held as a special fund in the 24 State treasury. 25 Disbursements from this fund shall be only (1) for the 26 reimbursement of claims collected by the Illinois Department 27 through error or mistake, (2) for payment to persons or 28 agencies designated as payees or co-payees on any instrument, 29 whether or not negotiable, delivered to the Illinois 30 Department as a recovery under this Section, such payment to 31 be in proportion to the respective interests of the payees in 32 the amount so collected, (3) for payments to non-recipients, 33 or to former recipients of financial aid of the collections SB1063 Enrolled -31- LRB9101195SMdvA 1 which are made in their behalf under Article X except those 2 pursuant to the Child Support Enforcement Program established 3 by Title IV-D of the Social Security Act required to be paid 4 from the State Disbursement Unit Revolving Fund under Section 5 12-8.1 of this Code or from the Child Support Enforcement 6 Trust Fund under Section 12-10.2 of this Code, (4) for 7 payment to local governmental units of support payments 8 collected by the Illinois Department pursuant to an agreement 9 under Section 10-3.1, (5) for payment of administrative 10 expenses incurred in performing the activities authorized by 11 Article X except those pursuant to the Child Support 12 Enforcement Program established by Title IV-D of the Social 13 Security Act required to be paid from the Child Support 14 Enforcement Trust Fund under Section 12-10.2 of this Code, 15 (6) for payment of fees to persons or agencies in the 16 performance of activities pursuant to the collection of 17 monies owed the State except those monies pursuant to the 18 Child Support Enforcement Program established by Title IV-D 19 of the Social Security Act required to be paid from the Child 20 Support Enforcement Trust Fund under Section 12-10.2 of this 21 Code, (7) for payments of any amounts which are reimbursable 22 to the Federal government which are required to be paid by 23 State warrant by either the State or Federal government and 24 (8) for disbursements to attorneys or advocates for legal 25 representation in an appeal of any claim for federal 26 Supplemental Security Income benefits before an 27 administrative law judge as provided for in Section 3-13 of 28 this Code. Until July 1, 1998, disbursements from this fund 29 shall be by warrants drawn by the State Comptroller as 30 receipt of vouchers duly executed and certified by the 31 Illinois Department. After June 30, 1998, disbursements from 32 this fund for purposes of items (5), (6), and (8) of this 33 paragraph shall be subject to appropriations from the fund to 34 the Illinois Department. SB1063 Enrolled -32- LRB9101195SMdvA 1 The balance in this fund on the first day of each 2 calendar quarter, after payment therefrom of any amounts 3 reimbursable to the Federal Government, and minus the amount 4 reasonably anticipated to be needed to make the disbursements 5 during that quarter authorized by this Section, shall be 6 certified by the Director of the Illinois Department and 7 transferred by the State Comptroller to the General Revenue 8 Fund in the State Treasury within 30 days of the first day of 9 each calendar quarter. 10 (Source: P.A. 90-255, eff. 1-1-98.) 11 (305 ILCS 5/12-10.2) (from Ch. 23, par. 12-10.2) 12 Sec. 12-10.2. The Child Support Enforcement Trust Fund, 13 to be held by the State Treasurer as ex-officio custodian 14 outside the State Treasury, pursuant to the Child Support 15 Enforcement Program established by Title IV-D of the Social 16 Security Act, shall consist of (1) all support payments 17 assigned to the Illinois Department under Article X of this 18 Code and rules promulgated by the Illinois Department that 19 are disbursed to the Illinois Department by the State 20 Disbursement Unit established under Section 10-26received by21the Illinois Department under Sections 10-8, 10-10, 10-16 and2210-19 that are required by such Sections to be paid into the23Child Support Enforcement Trust Fund, and (2) all federal 24 grants received by the Illinois Department funded by Title 25 IV-D of the Social Security Act, except those federal funds 26 received under the Title IV-D program as reimbursement for 27 expenditures from the General Revenue Fund, and (3) incentive 28 payments received by the Illinois Department from other 29 states or political subdivisions of other states for the 30 enforcement and collection by the Department of an assigned 31 child support obligation in behalf of such other states or 32 their political subdivisions pursuant to the provisions of 33 Title IV-D of the Social Security Act, and (4) incentive SB1063 Enrolled -33- LRB9101195SMdvA 1 payments retained by the Illinois Department from the amounts 2 which otherwise would be paid to the Federal government to 3 reimburse the Federal government's share of the support 4 collection for the Department's enforcement and collection of 5 an assigned support obligation on behalf of the State of 6 Illinois pursuant to the provisions of Title IV-D of the 7 Social Security Act, and (5) all fees charged by the 8 Department for child support enforcement services, as 9 authorized under Title IV-D of the Social Security Act and 10 Section 10-1 of this Code, and any other fees, costs, fines, 11 recoveries, or penalties provided for by State or federal law 12 and received by the Department under the Child Support 13 Enforcement Program established by Title IV-D of the Social 14 Security Act, and (6) all amounts appropriated by the General 15 Assembly for deposit into the Fund. 16 Disbursements from this Fund shall be only for the 17 following purposes: (1) for the reimbursement of funds 18 received by the Illinois Department through error or mistake, 19 and (2) (blank)for payments to non-recipients, current20recipients and former recipients of financial aid of support21payments received on their behalf under Article X of this22Code, pursuant to the provisions of Title IV-D of the Social23Security Act and rules promulgated by the Department, and (3) 24 for payment of any administrative expenses, including payment 25 to the Health Insurance Reserve Fund for group insurance 26 costs at the rate certified by the Department of Central 27 Management Services, except those required to be paid from 28 the General Revenue Fund, including personal and contractual 29 services, incurred in performing the Title IV-D activities 30 authorized by Article X of this Code, and (4) for the 31 reimbursement of the Public Assistance Emergency Revolving 32 Fund for expenditures made from that Fund for payments to 33 former recipients of public aid for child support made to the 34 Illinois Department when the former public aid recipient is SB1063 Enrolled -34- LRB9101195SMdvA 1 legally entitled to all or part of the child support 2 payments, pursuant to the provisions of Title IV-D of the 3 Social Security Act, and (5) for the payment of incentive 4 amounts owed to other states or political subdivisions of 5 other states that enforce and collect an assigned support 6 obligation on behalf of the State of Illinois pursuant to the 7 provisions of Title IV-D of the Social Security Act, and (6) 8 for the payment of incentive amounts owed to political 9 subdivisions of the State of Illinois that enforce and 10 collect an assigned support obligation on behalf of the State 11 pursuant to the provisions of Title IV-D of the Social 12 Security Act, and (7) for payments of any amounts which are 13 reimbursable to the Federal government which are required to 14 be paid by State warrant by either the State or Federal 15 government. Disbursements from this Fund shall be by warrants 16 drawn by the State Comptroller on receipt of vouchers duly 17 executed and certified by the Illinois Department or any 18 other State agency that receives an appropriation from the 19 Fund. 20 (Source: P.A. 89-21, eff. 7-1-95; 89-499, eff. 6-28-96; 21 90-18, eff. 7-1-97; 90-587, eff. 6-4-98.) 22 Section 22. The Code of Civil Procedure is amended by 23 changing Section 2-101 as follows: 24 (735 ILCS 5/2-101) (from Ch. 110, par. 2-101) 25 Sec. 2-101. Generally. Except as otherwise provided in 26 this Act, every action must be commenced (1) in the county of 27 residence of any defendant who is joined in good faith and 28 with probable cause for the purpose of obtaining a judgment 29 against him or her and not solely for the purpose of fixing 30 venue in that county, or (2) in the county in which the 31 transaction or some part thereof occurred out of which the 32 cause of action arose. SB1063 Enrolled -35- LRB9101195SMdvA 1 If a check, draft, money order, or other instrument for 2 the payment of child support payable to or delivered to the 3 State Disbursement Unit established under Section 10-26 of 4 the Illinois Public Aid Code is returned by the bank or 5 depository for any reason, venue for the enforcement of any 6 criminal proceedings or civil cause of action for recovery 7 and attorney fees shall be in the county where the principal 8 office of the State Disbursement Unit is located. 9 If all defendants are nonresidents of the State, an 10 action may be commenced in any county. 11 If the corporate limits of a city, village or town extend 12 into more than one county, then the venue of an action or 13 proceeding instituted by that municipality to enforce any 14 fine, imprisonment, penalty or forfeiture for violation of 15 any ordinance of that municipality, regardless of the county 16 in which the violation was committed or occurred, may be in 17 the appropriate court (i) in the county wherein the office of 18 the clerk of the municipality is located or (ii) in any 19 county in which at least 35% of the territory within the 20 municipality's corporate limits is located. 21 (Source: P.A. 89-28, eff. 1-1-96.) 22 Section 25. The Illinois Marriage and Dissolution of 23 Marriage Act is amended by changing Sections 507, 705, and 24 709 and adding Sections 505.3 and 507.1 as follows: 25 (750 ILCS 5/505.3 new) 26 Sec. 505.3. Information to State Case Registry. 27 (a) When an order for support is entered or modified 28 under this Act, the clerk of the circuit court shall, within 29 5 business days, provide to the State Case Registry 30 established under Section 10-27 of the Illinois Public Aid 31 Code the court docket number and county in which the order is 32 entered or modified and the following information, which the SB1063 Enrolled -36- LRB9101195SMdvA 1 parties shall disclose to the court: 2 (1) The names of the custodial and non-custodial 3 parents and of the child or children covered by the 4 order. 5 (2) The dates of birth of the custodial and 6 non-custodial parents and of the child or children 7 covered by the order. 8 (3) The social security numbers of the custodial 9 and non-custodial parents and of the child or children 10 covered by the order. 11 (4) The residential and mailing addresses for the 12 custodial and non-custodial parents. 13 (5) The telephone numbers for the custodial and 14 non-custodial parents. 15 (6) The driver's license numbers for the custodial 16 and non-custodial parents. 17 (7) The name, address, and telephone number of each 18 parent's employer or employers. 19 (b) When a child support order is entered or modified 20 for a case in which a party is receiving child and spouse 21 support services under Article X of the Illinois Public Aid 22 Code, the clerk shall provide the State Case Registry with 23 the following information: 24 (1) The information specified in subsection (a) of 25 this Section. 26 (2) The amount of monthly or other periodic support 27 owed under the order and other amounts, including 28 arrearages, interest, or late payment penalties and fees, 29 due or overdue under the order. 30 (3) Any amounts described in subdivision (2) of 31 this subsection (b) that have been received by the clerk. 32 (4) The distribution of the amounts received by the 33 clerk. 34 (c) A party shall report to the clerk of the circuit SB1063 Enrolled -37- LRB9101195SMdvA 1 court changes in information required to the disclosed under 2 this Section within 5 business days of the change. 3 (d) To the extent that updated information is in the 4 clerk's possession, the clerk shall provide updates of the 5 information specified in subsection (b) of this Section 6 within 5 business days after the Illinois Department of 7 Public Aid's request for that updated information. 8 (750 ILCS 5/507) (from Ch. 40, par. 507) 9 Sec. 507. Payment of maintenance or support to court. 10 (a) In actions instituted under this Act, the court 11 shall order that maintenance and support payments be made to 12 the clerk of court as trustee for remittance to the person 13 entitled to receive the payments. However, the court in its 14 discretion may direct otherwise where circumstances so 15 warrant. 16in accordance with the Income Withholding for Support17 Upon notification in writing or by electronic 18 transmission from the Illinois Department of Public Aid to 19 the clerk of the court that a person who is receiving support 20 payments under this Section is receiving services under the 21 Child Support Enforcement Program established by Title IV-D 22 of the Social Security Act, any support payments subsequently 23 received by the clerk of the court shall be transmitted in 24 accordance with the instructions of the Illinois Department 25 of Public Aid until the Department gives notice to the clerk 26 of the court to cease the transmittal. After providing the 27 notification authorized under this paragraph, the Illinois 28 Department of Public Aid shall be entitled as a party to 29 notice of any further proceedings in the case. The clerk of 30 the court shall file a copy of the Illinois Department of 31 Public Aid's notification in the court file. The failure of 32 the clerk to file a copy of the notification in the court 33 file shall not, however, affect the Illinois Department of SB1063 Enrolled -38- LRB9101195SMdvA 1 Public Aid's right to receive notice of further proceedings. 2 (b) The clerk of court shall maintain records listing 3 the amount of payments, the date payments are required to be 4 made and the names and addresses of the parties affected by 5 the order. For those cases in which support is payable to the 6 clerk of the circuit court for transmittal to the Illinois 7 Department of Public Aid by order of the court or upon 8 notification of the Illinois Department of Public Aid, and 9 the Illinois Department of Public Aid collects support by 10 assignment, offset, withholding, deduction or other process 11 permitted by law, the Illinois Department shall notify the 12 clerk of the date and amount of such collection. Upon 13 notification, the clerk shall record the collection on the 14 payment record for the case. 15 (c) The parties affected by the order shall inform the 16 clerk of court of any change of address or of other condition 17 that may affect the administration of the order. 18 (d) The provisions of this Section shall not apply to 19 cases that come under the provisions of Sections 709 through 20 712. 21 (e) To the extent the provisions of this Section are 22 inconsistent with the requirements pertaining to the State 23 Disbursement Unit under Section 507.1 of this Act and Section 24 10-26 of the Illinois Public Aid Code, the requirements 25 pertaining to the State Disbursement Unit shall apply. 26 (Source: P.A. 90-18, eff. 7-1-97; 90-673, eff. 1-1-99; 27 90-790, eff. 8-14-98; revised 9-14-98.) 28 (750 ILCS 5/507.1 new) 29 Sec. 507.1. Payment of Support to State Disbursement 30 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 SB1063 Enrolled -39- LRB9101195SMdvA 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 after January 22 1, 1994, 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. 32 (750 ILCS 5/705) (from Ch. 40, par. 705) 33 Sec. 705. Support payments; receiving and disbursing SB1063 Enrolled -40- LRB9101195SMdvA 1 agents. 2 (1) The provisions of this Section shall apply, except 3 as provided in Sections 709 through 712. 4 (2) In a dissolution of marriage action filed in a 5 county of less than 3 million population in which an order or 6 judgment for child support is entered, and in supplementary 7 proceedings in any such county to enforce or vary the terms 8 of such order or judgment arising out of an action for 9 dissolution of marriage filed in such county, the court, 10 except as it otherwise orders, under subsection (4) of this 11 Section, may direct that child support payments be made to 12 the clerk of the court. 13 (3) In a dissolution of marriage action filed in any 14 county of 3 million or more population in which an order or 15 judgment for child support is entered, and in supplementary 16 proceedings in any such county to enforce or vary the terms 17 of such order or judgment arising out of an action for 18 dissolution of marriage filed in such county, the court, 19 except as it otherwise orders under subsection (4) of this 20 Section, may direct that child support payments be made 21 either to the clerk of the court or to the Court Service 22 Division of the County Department of Public Aid. After the 23 effective date of this Act, the court, except as it otherwise 24 orders under subsection (4) of this Section, may direct that 25 child support payments be made either to the clerk of the 26 court or to the Illinois Department of Public Aid. 27 (4) In a dissolution of marriage action or supplementary 28 proceedings involving maintenance or child support payments, 29 or both, to persons who are recipients of aid under the 30 Illinois Public Aid Code, the court shall direct that such 31 payments be made to (a) the Illinois Department of Public Aid 32 if the persons are recipients under Articles III, IV, or V of 33 the Code, or (b) the local governmental unit responsible for 34 their support if they are recipients under Articles VI or VII SB1063 Enrolled -41- LRB9101195SMdvA 1 of the Code. In accordance with federal law and regulations, 2 the Illinois Department of Public Aid may continue to collect 3 current maintenance payments or child support payments, or 4 both, after those persons cease to receive public assistance 5 and until termination of services under Article X of the 6 Illinois Public Aid Code. The Illinois Department of Public 7 Aid shall pay the net amount collected to those persons after 8 deducting any costs incurred in making the collection or any 9 collection fee from the amount of any recovery made. The 10 order shall permit the Illinois Department of Public Aid or 11 the local governmental unit, as the case may be, to direct 12 that payments be made directly to the former spouse, the 13 children, or both, or to some person or agency in their 14 behalf, upon removal of the former spouse or children from 15 the public aid rolls or upon termination of services under 16 Article X of the Illinois Public Aid Code; and upon such 17 direction, the Illinois Department or local governmental 18 unit, as the case requires, shall give notice of such action 19 to the court in writing or by electronic transmission. 20 (5) All clerks of the court and the Court Service 21 Division of a County Department of Public Aid and, after the 22 effective date of this Act, all clerks of the court and the 23 Illinois Department of Public Aid, receiving child support 24 payments under subsections (2) and (3) of this Section shall 25 disburse the payments to the person or persons entitled 26 thereto under the terms of the order or judgment. They shall 27 establish and maintain current records of all moneys received 28 and disbursed and of defaults and delinquencies in required 29 payments. The court, by order or rule, shall make provision 30 for the carrying out of these duties. 31in effect in accordance with the Income Withholding for32Support33 Upon notification in writing or by electronic 34 transmission from the Illinois Department of Public Aid to SB1063 Enrolled -42- LRB9101195SMdvA 1 the clerk of the court that a person who is receiving support 2 payments under this Section is receiving services under the 3 Child Support Enforcement Program established by Title IV-D 4 of the Social Security Act, any support payments subsequently 5 received by the clerk of the court shall be transmitted in 6 accordance with the instructions of the Illinois Department 7 of Public Aid until the Department gives notice to the clerk 8 of the court to cease the transmittal. After providing the 9 notification authorized under this paragraph, the Illinois 10 Department of Public Aid shall be entitled as a party to 11 notice of any further proceedings in the case. The clerk of 12 the court shall file a copy of the Illinois Department of 13 Public Aid's notification in the court file. The failure of 14 the clerk to file a copy of the notification in the court 15 file shall not, however, affect the Illinois Department of 16 Public Aid's right to receive notice of further proceedings. 17 Payments under this Section to the Illinois Department of 18 Public Aid pursuant to the Child Support Enforcement Program 19 established by Title IV-D of the Social Security Act shall be 20 paid into the Child Support Enforcement Trust Fund. All other 21 payments under this Section to the Illinois Department of 22 Public Aid shall be deposited in the Public Assistance 23 Recoveries Trust Fund. Disbursements from these funds shall 24 be as provided in the Illinois Public Aid Code. Payments 25 received by a local governmental unit shall be deposited in 26 that unit's General Assistance Fund. Any order of court 27 directing payment of child support to a clerk of court or the 28 Court Service Division of a County Department of Public Aid, 29 which order has been entered on or after August 14, 1961, and 30 prior to the effective date of this Act, may be amended by 31 the court in line with this Act; and orders involving 32 payments of maintenance or child support to recipients of 33 public aid may in like manner be amended to conform to this 34 Act. SB1063 Enrolled -43- LRB9101195SMdvA 1 (6) No filing fee or costs will be required in any 2 action brought at the request of the Illinois Department of 3 Public Aid in any proceeding under this Act. However, any 4 such fees or costs may be assessed by the court against the 5 respondent in the court's order of support or any 6 modification thereof in a proceeding under this Act. 7 (7) For those cases in which child support is payable to 8 the clerk of the circuit court for transmittal to the 9 Illinois Department of Public Aid by order of court or upon 10 notification by the Illinois Department of Public Aid, the 11 clerk shall transmit all such payments, within 4 working days 12 of receipt, to insure that funds are available for immediate 13 distribution by the Department to the person or entity 14 entitled thereto in accordance with standards of the Child 15 Support Enforcement Program established under Title IV-D of 16 the Social Security Act. The clerk shall notify the 17 Department of the date of receipt and amount thereof at the 18 time of transmittal. Where the clerk has entered into an 19 agreement of cooperation with the Department to record the 20 terms of child support orders and payments made thereunder 21 directly into the Department's automated data processing 22 system, the clerk shall account for, transmit and otherwise 23 distribute child support payments in accordance with such 24 agreement in lieu of the requirements contained herein. 25 In any action filed in a county with a population of 26 1,000,000 or less, the court shall assess against the 27 respondent in any order of maintenance or child support any 28 sum up to $36 annually authorized by ordinance of the county 29 board to be collected by the clerk of the court as costs for 30 administering the collection and disbursement of maintenance 31 and child support payments. Such sum shall be in addition to 32 and separate from amounts ordered to be paid as maintenance 33 or child support. 34 (8) To the extent the provisions of this Section are SB1063 Enrolled -44- LRB9101195SMdvA 1 inconsistent with the requirements pertaining to the State 2 Disbursement Unit under Section 507.1 of this Act and Section 3 10-26 of the Illinois Public Aid Code, the requirements 4 pertaining to the State Disbursement Unit shall apply. 5 (Source: P.A. 90-18, eff. 7-1-97; 90-673, eff. 1-1-99; 6 90-790, eff. 8-14-98; revised 9-14-98.) 7 (750 ILCS 5/709) (from Ch. 40, par. 709) 8 Sec. 709. Mandatory child support payments to clerk. 9 (a) As of January 1, 1982, child support orders entered 10 in any county covered by this subsection shall be made 11 pursuant to the provisions of Sections 709 through 712 of 12 this Act. For purposes of these Sections, the term "child 13 support payment" or "payment" shall include any payment 14 ordered to be made solely for the purpose of the support of a 15 child or children or any payment ordered for general support 16 which includes any amount for support of any child or 17 children. 18 The provisions of Sections 709 through 712 shall be 19 applicable to any county with a population of 2 million or 20 more and to any other county which notifies the Supreme Court 21 of its desire to be included within the coverage of these 22 Sections and is certified pursuant to Supreme Court Rules. 23 The effective date of inclusion, however, shall be 24 subject to approval of the application for reimbursement of 25 the costs of the support program by the Department of Public 26 Aid as provided in Section 712. 27 (b) In any proceeding for a dissolution of marriage, 28 legal separation, or declaration of invalidity of marriage, 29 or in any supplementary proceedings in which a judgment or 30 modification thereof for the payment of child support is 31 entered on or after January 1, 1982, in any county covered by 32 Sections 709 through 712, and the person entitled to payment 33 is receiving a grant of financial aid under Article IV of the SB1063 Enrolled -45- LRB9101195SMdvA 1 Illinois Public Aid Code or has applied and qualified for 2 support services under Section 10-1 of that Code, the court 3 shall direct: (1) that such payments be made to the clerk of 4 the court and (2) that the parties affected shall each 5 thereafter notify the clerk of any change of address or 6 change in other conditions that may affect the administration 7 of the order, including the fact that a party who was 8 previously not on public aid has become a recipient of public 9 aid, within 10 days of such change. All notices sent to the 10 obligor's last known address on file with the clerk shall be 11 deemed sufficient to proceed with enforcement pursuant to the 12 provisions of Sections 709 through 712. 13 In all other cases, the court may direct that payments be 14 made to the clerk of the court. 15 (c) Except as provided in subsection (d) of this 16 Section, the clerk shall disburse the payments to the person 17 or persons entitled thereto under the terms of the order or 18 judgment. 19 (d) The court shall determine, prior to the entry of the 20 support order, if the party who is to receive the support is 21 presently receiving public aid or has a current application 22 for public aid pending and shall enter the finding on the 23 record. 24 If the person entitled to payment is a recipient of aid 25 under the Illinois Public Aid Code, the clerk, upon being 26 informed of this fact by finding of the court, by 27 notification by the party entitled to payment, by the 28 Illinois Department of Public Aid or by the local 29 governmental unit, shall make all payments to: (1) the 30 Illinois Department of Public Aid if the person is a 31 recipient under Article III, IV, or V of the Code or (2) the 32 local governmental unit responsible for his or her support if 33 the person is a recipient under Article VI or VII of the 34 Code. In accordance with federal law and regulations, the SB1063 Enrolled -46- LRB9101195SMdvA 1 Illinois Department of Public Aid may continue to collect 2 current maintenance payments or child support payments, or 3 both, after those persons cease to receive public assistance 4 and until termination of services under Article X of the 5 Illinois Public Aid Code. The Illinois Department of Public 6 Aid shall pay the net amount collected to those persons after 7 deducting any costs incurred in making the collection or any 8 collection fee from the amount of any recovery made. Upon 9 termination of public aid payments to such a recipient or 10 termination of services under Article X of the Illinois 11 Public Aid Code, the Illinois Department of Public Aid or the 12 appropriate local governmental unit shall notify the clerk in 13 writing or by electronic transmission that all subsequent 14 payments are to be sent directly to the person entitled 15 thereto. 16 Upon notification in writing or by electronic 17 transmission from the Illinois Department of Public Aid to 18 the clerk of the court that a person who is receiving support 19 payments under this Section is receiving services under the 20 Child Support Enforcement Program established by Title IV-D 21 of the Social Security Act, any support payments subsequently 22 received by the clerk of the court shall be transmitted in 23 accordance with the instructions of the Illinois Department 24 of Public Aid until the Department gives notice to the clerk 25 of the court to cease the transmittal. After providing the 26 notification authorized under this paragraph, the Illinois 27 Department of Public Aid shall be entitled as a party to 28 notice of any further proceedings in the case. The clerk of 29 the court shall file a copy of the Illinois Department of 30 Public Aid's notification in the court file. The failure of 31 the clerk to file a copy of the notification in the court 32 file shall not, however, affect the Illinois Department of 33 Public Aid's right to receive notice of further proceedings. 34 Payments under this Section to the Illinois Department of SB1063 Enrolled -47- LRB9101195SMdvA 1 Public Aid pursuant to the Child Support Enforcement Program 2 established by Title IV-D of the Social Security Act shall be 3 paid into the Child Support Enforcement Trust Fund. All other 4 payments under this Section to the Illinois Department of 5 Public Aid shall be deposited in the Public Assistance 6 Recoveries Trust Fund. Disbursements from these funds shall 7 be as provided in the Illinois Public Aid Code. Payments 8 received by a local governmental unit shall be deposited in 9 that unit's General Assistance Fund. 10 (e) Any order or judgment may be amended by the court, 11 upon its own motion or upon the motion of either party, to 12 conform with the provisions of Sections 709 through 712, 13 either as to the requirement of making payments to the clerk 14 or, where payments are already being made to the clerk, as to 15 the statutory fees provided for under Section 711. 16 (f) The clerk may invest in any interest bearing account 17 or in any securities, monies collected for the benefit of a 18 payee, where such payee cannot be found; however, the 19 investment may be only for the period until the clerk is able 20 to locate and present the payee with such monies. The clerk 21 may invest in any interest bearing account, or in any 22 securities, monies collected for the benefit of any other 23 payee; however, this does not alter the clerk's obligation to 24 make payments to the payee in a timely manner. Any interest 25 or capital gains accrued shall be for the benefit of the 26 county and shall be paid into the special fund established in 27 subsection (b) of Section 711. 28 (g) The clerk shall establish and maintain a payment 29 record of all monies received and disbursed and such record 30 shall constitute prima facie evidence of such payment and 31 non-payment, as the case may be. 32 (h) For those cases in which child support is payable to 33 the clerk of the circuit court for transmittal to the 34 Illinois Department of Public Aid by order of court or upon SB1063 Enrolled -48- LRB9101195SMdvA 1 notification by the Illinois Department of Public Aid, the 2 clerk shall transmit all such payments, within 4 working days 3 of receipt, to insure that funds are available for immediate 4 distribution by the Department to the person or entity 5 entitled thereto in accordance with standards of the Child 6 Support Enforcement Program established under Title IV-D of 7 the Social Security Act. The clerk shall notify the 8 Department of the date of receipt and amount thereof at the 9 time of transmittal. Where the clerk has entered into an 10 agreement of cooperation with the Department to record the 11 terms of child support orders and payments made thereunder 12 directly into the Department's automated data processing 13 system, the clerk shall account for, transmit and otherwise 14 distribute child support payments in accordance with such 15 agreement in lieu of the requirements contained herein. 16 (i) To the extent the provisions of this Section are 17 inconsistent with the requirements pertaining to the State 18 Disbursement Unit under Section 507.1 of this Act and Section 19 10-26 of the Illinois Public Aid Code, the requirements 20 pertaining to the State Disbursement Unit shall apply. 21 (Source: P.A. 87-1252; 88-687, eff. 1-24-95.) 22 Section 30. The Non-Support of Spouse and Children Act 23 is amended by changing Section 2.1 and adding Sections 2.2 24 and 12.2 as follows: 25 (750 ILCS 15/2.1) (from Ch. 40, par. 1105) 26 Sec. 2.1. Support payments; receiving and disbursing 27 agents. 28 (1) In actions instituted under this Act on and after 29 August 14, 1961, involving a minor child or children, the 30 Court, except in actions instituted on or after August 26, 31 1969, in which the support payments are in behalf of a 32 recipient of aid under the Illinois Public Aid Code, shall SB1063 Enrolled -49- LRB9101195SMdvA 1 direct that moneys ordered to be paid for support under 2 Sections 3 and 4 of this Act shall be paid to the clerk of 3 the court in counties of less than 3 million population, and 4 in counties of 3 million or more population, to the clerk or 5 probation officer of the court or to the Court Service 6 Division of the County Department of Public Aid. After the 7 effective date of this amendatory Act of 1975, the court 8 shall direct that such support moneys be paid to the clerk or 9 probation officer or the Illinois Department of Public Aid. 10 However, the court in its discretion may direct otherwise 11 where exceptional circumstances so warrant. If payment is to 12 be made to persons other than the clerk or probation officer, 13 the Court Service Division of the County Department of Public 14 Aid, or the Illinois Department of Public Aid, the judgment 15 or order of support shall set forth the facts of the 16 exceptional circumstances. 17 (2) In actions instituted after August 26, 1969, where 18 the support payments are in behalf of spouses, children, or 19 both, who are recipients of aid under the Illinois Public Aid 20 Code, the court shall order the payments to be made directly 21 to (1) the Illinois Department of Public Aid if the person is 22 a recipient under Articles III, IV or V of the Code, or (2) 23 to the local governmental unit responsible for the support of 24 the person if he or she is a recipient under Articles VI or 25 VII of the Code. In accordance with federal law and 26 regulations, the Illinois Department of Public Aid may 27 continue to collect current maintenance payments or child 28 support payments, or both, after those persons cease to 29 receive public assistance and until termination of services 30 under Article X of the Illinois Public Aid Code. The 31 Illinois Department of Public Aid shall pay the net amount 32 collected to those persons after deducting any costs incurred 33 in making the collection or any collection fee from the 34 amount of any recovery made. The order shall permit the SB1063 Enrolled -50- LRB9101195SMdvA 1 Illinois Department of Public Aid or the local governmental 2 unit, as the case may be, to direct that support payments be 3 made directly to the spouse, children, or both, or to some 4 person or agency in their behalf, upon removal of the spouse 5 or children from the public aid rolls or upon termination of 6 services under Article X of the Illinois Public Aid Code; and 7 upon such direction, the Illinois Department or the local 8 governmental unit, as the case requires, shall give notice of 9 such action to the court in writing or by electronic 10 transmission. 11 (3) The clerks, probation officers, and the Court 12 Service Division of the County Department of Public Aid in 13 counties of 3 million or more population, and, after the 14 effective date of this amendatory Act of 1975, the clerks, 15 probation officers, and the Illinois Department of Public 16 Aid, shall disburse moneys paid to them to the person or 17 persons entitled thereto under the order of the Court. They 18 shall establish and maintain current records of all moneys 19 received and disbursed and of delinquencies and defaults in 20 required payments. The Court, by order or rule, shall make 21 provision for the carrying out of these duties. 22in accordance with the Income Withholding for Support23 Upon notification in writing or by electronic 24 transmission from the Illinois Department of Public Aid to 25 the clerk of the court that a person who is receiving support 26 payments under this Section is receiving services under the 27 Child Support Enforcement Program established by Title IV-D 28 of the Social Security Act, any support payments subsequently 29 received by the clerk of the court shall be transmitted in 30 accordance with the instructions of the Illinois Department 31 of Public Aid until the Department gives notice to cease the 32 transmittal. After providing the notification authorized 33 under this paragraph, the Illinois Department of Public Aid 34 shall be entitled as a party to notice of any further SB1063 Enrolled -51- LRB9101195SMdvA 1 proceedings in the case. The clerk of the court shall file a 2 copy of the Illinois Department of Public Aid's notification 3 in the court file. The failure of the clerk to file a copy 4 of the notification in the court file shall not, however, 5 affect the Illinois Department of Public Aid's right to 6 receive notice of further proceedings. 7 (4) Payments under this Section to the Illinois 8 Department of Public Aid pursuant to the Child Support 9 Enforcement Program established by Title IV-D of the Social 10 Security Act shall be paid into the Child Support Enforcement 11 Trust Fund. All other payments under this Section to the 12 Illinois Department of Public Aid shall be deposited in the 13 Public Assistance Recoveries Trust Fund. Disbursements from 14 these funds shall be as provided in the Illinois Public Aid 15 Code. Payments received by a local governmental unit shall be 16 deposited in that unit's General Assistance Fund. 17 (5) Orders and assignments entered or executed prior to 18 the Act approved August 14, 1961 shall not be affected 19 thereby. Employers served with wage assignments executed 20 prior to that date shall comply with the terms thereof. 21 However, the Court, on petition of the state's attorney, or 22 of the Illinois Department of Public Aid or local 23 governmental unit in respect to recipients of public aid, may 24 order the execution of new assignments and enter new orders 25 designating the clerk, probation officer, or the Illinois 26 Department of Public Aid or appropriate local governmental 27 unit in respect to payments in behalf of recipients of public 28 aid, as the person or agency authorized to receive and 29 disburse the salary or wages assigned. On like petition the 30 Court may enter new orders designating such officers, 31 agencies or governmental units to receive and disburse the 32 payments ordered under Section 4. 33 (6) For those cases in which child support is payable to 34 the clerk of the circuit court for transmittal to the SB1063 Enrolled -52- LRB9101195SMdvA 1 Illinois Department of Public Aid by order of court or upon 2 notification by the Illinois Department of Public Aid, the 3 clerk shall transmit all such payments, within 4 working days 4 of receipt, to insure that funds are available for immediate 5 distribution by the Department to the person or entity 6 entitled thereto in accordance with standards of the Child 7 Support Enforcement Program established under Title IV-D of 8 the Social Security Act. The clerk shall notify the 9 Department of the date of receipt and amount thereof at the 10 time of transmittal. Where the clerk has entered into an 11 agreement of cooperation with the Department to record the 12 terms of child support orders and payments made thereunder 13 directly into the Department's automated data processing 14 system, the clerk shall account for, transmit and otherwise 15 distribute child support payments in accordance with such 16 agreement in lieu of the requirements contained herein. 17 (7) To the extent the provisions of this Section are 18 inconsistent with the requirements pertaining to the State 19 Disbursement Unit under Section 2.2 of this Act and Section 20 10-26 of the Illinois Public Aid Code, the requirements 21 pertaining to the State Disbursement Unit shall apply. 22 (Source: P.A. 90-18, eff. 7-1-97; 90-673, eff. 1-1-99; 23 90-790, eff. 8-14-98; revised 9-14-98.) 24 (750 ILCS 15/2.2 new) 25 Sec. 2.2. Payment of Support to State Disbursement Unit. 26 (a) As used in this Section: 27 "Order for support", "obligor", "obligee", and "payor" 28 mean those terms as defined in the Income Withholding for 29 Support Act. 30 (b) Notwithstanding any other provision of this Act to 31 the contrary, each order for support entered or modified on 32 or after October 1, 1999 shall require that support payments 33 be made to the State Disbursement Unit established under SB1063 Enrolled -53- LRB9101195SMdvA 1 Section 10-26 of the Illinois Public Aid Code if: 2 (1) a party to the order is receiving child and 3 spouse support services under Article X of the Illinois 4 Public Aid Code; or 5 (2) no party to the order is receiving child and 6 spouse support services, but the support payments are 7 made through income withholding. 8 (c) The Illinois Department of Public Aid shall provide 9 notice to the obligor and, where applicable, to the obligor's 10 payor to make support payments to the State Disbursement Unit 11 if: 12 (1) the order for support was entered before 13 October 1, 1999, and a party to the order is receiving 14 child and spouse support services under Article X of the 15 Illinois Public Aid Code; or 16 (2) the order for support was entered after January 17 1, 1994, no party to the order is receiving child and 18 spouse support services, and the support payments are 19 being made through income withholding. 20 (d) The notice required under subsection (c) may be sent 21 by ordinary mail, certified mail, return receipt requested, 22 facsimile transmission, or other electronic process, or may 23 be served upon the obligor or payor using any method provided 24 by law for service of a summons. The Illinois Department of 25 Public Aid shall provide a copy of the notice to the obligee 26 and to the clerk of the court. 27 (750 ILCS 15/12.2 new) 28 Sec. 12.2. Information to State Case Registry. 29 (a) When an order for support is entered or modified 30 under this Act, the clerk of the circuit court shall, within 31 5 business days, provide to the State Case Registry 32 established under Section 10-27 of the Illinois Public Aid 33 Code the court docket number and county in which the order is SB1063 Enrolled -54- LRB9101195SMdvA 1 entered or modified and the following information, which the 2 parties shall disclose to the court: 3 (1) The names of the custodial and non-custodial 4 parents and of the child or children covered by the 5 order. 6 (2) The dates of birth of the custodial and 7 non-custodial parents and of the child or children 8 covered by the order. 9 (3) The social security numbers of the custodial 10 and non-custodial parents and of the child or children 11 covered by the order. 12 (4) The residential and mailing addresses for the 13 custodial and non-custodial parents. 14 (5) The telephone numbers for the custodial and 15 non-custodial parents. 16 (6) The driver's license numbers for the custodial 17 and non-custodial parents. 18 (7) The name, address, and telephone number of each 19 parent's employer or employers. 20 (b) When a child support order is entered or modified 21 for a case in which a party is receiving child and spouse 22 support services under Article X of the Illinois Public Aid 23 Code, the clerk shall provide the State Case Registry with 24 the following information: 25 (1) The information specified in subsection (a) of 26 this Section. 27 (2) The amount of monthly or other periodic support 28 owed under the order and other amounts, including 29 arrearages, interest, or late payment penalties and fees, 30 due or overdue under the order. 31 (3) Any amounts described in subdivision (2) of 32 this subsection (b) that have been received by the clerk. 33 (4) The distribution of the amounts received by the 34 clerk. SB1063 Enrolled -55- LRB9101195SMdvA 1 (c) The parties affected by the order shall inform the 2 clerk of court of any change of address or of other condition 3 that may affect the administration of the order. 4 (d) To the extent that updated information is in the 5 clerk's possession, the clerk shall provide updates of the 6 information specified in subsection (b) of this Section 7 within 5 business days after the Illinois Department of 8 Public Aid's request for that updated information. 9 Section 35. The Income Withholding for Support Act is 10 amended by changing Sections 15, 20, 35, and 45 as follows: 11 (750 ILCS 28/15) 12 Sec. 15. Definitions. 13 (a) "Order for support" means any order of the court 14 which provides for periodic payment of funds for the support 15 of a child or maintenance of a spouse, whether temporary or 16 final, and includes any such order which provides for: 17 (1) modification or resumption of, or payment of 18 arrearage accrued under, a previously existing order; 19 (2) reimbursement of support; 20 (3) payment or reimbursement of the expenses of 21 pregnancy and delivery (for orders for support entered 22 under the Illinois Parentage Act of 1984 or its 23 predecessor the Paternity Act); or 24 (4) enrollment in a health insurance plan that is 25 available to the obligor through an employer or labor 26 union or trade union. 27 (b) "Arrearage" means the total amount of unpaid support 28 obligations as determined by the court and incorporated into 29 an order for support. 30 (b-5) "Business day" means a day on which State offices 31 are open for regular business. 32 (c) "Delinquency" means any payment under an order for SB1063 Enrolled -56- LRB9101195SMdvA 1 support which becomes due and remains unpaid after entry of 2 the order for support. 3 (d) "Income" means any form of periodic payment to an 4 individual, regardless of source, including, but not limited 5 to: wages, salary, commission, compensation as an independent 6 contractor, workers' compensation, disability, annuity, 7 pension, and retirement benefits, lottery prize awards, 8 insurance proceeds, vacation pay, bonuses, profit-sharing 9 payments, interest, and any other payments, made by any 10 person, private entity, federal or state government, any unit 11 of local government, school district or any entity created by 12 Public Act; however, "income" excludes: 13 (1) any amounts required by law to be withheld, 14 other than creditor claims, including, but not limited 15 to, federal, State and local taxes, Social Security and 16 other retirement and disability contributions; 17 (2) union dues; 18 (3) any amounts exempted by the federal Consumer 19 Credit Protection Act; 20 (4) public assistance payments; and 21 (5) unemployment insurance benefits except as 22 provided by law. 23 Any other State or local laws which limit or exempt 24 income or the amount or percentage of income that can be 25 withheld shall not apply. 26 (e) "Obligor" means the individual who owes a duty to 27 make payments under an order for support. 28 (f) "Obligee" means the individual to whom a duty of 29 support is owed or the individual's legal representative. 30 (g) "Payor" means any payor of income to an obligor. 31 (h) "Public office" means any elected official or any 32 State or local agency which is or may become responsible by 33 law for enforcement of, or which is or may become authorized 34 to enforce, an order for support, including, but not limited SB1063 Enrolled -57- LRB9101195SMdvA 1 to: the Attorney General, the Illinois Department of Public 2 Aid, the Illinois Department of Human Services, the Illinois 3 Department of Children and Family Services, and the various 4 State's Attorneys, Clerks of the Circuit Court and 5 supervisors of general assistance. 6 (i) "Premium" means the dollar amount for which the 7 obligor is liable to his employer or labor union or trade 8 union and which must be paid to enroll or maintain a child in 9 a health insurance plan that is available to the obligor 10 through an employer or labor union or trade union. 11 (j) "State Disbursement Unit" means the unit established 12 to collect and disburse support payments in accordance with 13 the provisions of Section 10-26 of the Illinois Public Aid 14 Code. 15 (Source: P.A. 90-673, eff. 1-1-99; incorporates P.A. 90-790, 16 eff. 8-14-98; revised 9-14-98.) 17 (750 ILCS 28/20) 18 Sec. 20. Entry of order for support containing income 19 withholding provisions; income withholding notice. 20 (a) In addition to any content required under other 21 laws, every order for support entered on or after July 1, 22 1997, shall: 23 (1) Require an income withholding notice to be 24 prepared and served immediately upon any payor of the 25 obligor by the obligee or public office, unless a written 26 agreement is reached between and signed by both parties 27 providing for an alternative arrangement, approved and 28 entered into the record by the court, which ensures 29 payment of support. In that case, the order for support 30 shall provide that an income withholding notice is to be 31 prepared and served only if the obligor becomes 32 delinquent in paying the order for support; and 33 (2) Contain a dollar amount to be paid until SB1063 Enrolled -58- LRB9101195SMdvA 1 payment in full of any delinquency that accrues after 2 entry of the order for support. The amount for payment 3 of delinquency shall not be less than 20% of the total of 4 the current support amount and the amount to be paid 5 periodically for payment of any arrearage stated in the 6 order for support; and 7 (3) Include the obligor's Social Security Number, 8 which the obligor shall disclose to the court. If the 9 obligor is not a United States citizen, the obligor s