State of Illinois
91st General Assembly
Legislation

   [ Search ]   [ Legislation ]
[ Home ]   [ Back ]   [ Bottom ]



91_SB1341

 
                                               LRB9110733DJcd

 1        AN ACT in relation to child support.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The  Illinois Public Aid Code is amended by
 5    changing Section 10-10.4 as follows:

 6        (305 ILCS 5/10-10.4)
 7        Sec.  10-10.4.   Payment  of  support  Support  to  State
 8    Disbursement Unit.
 9        (a)  As used in this Section:
10        "Order for support", "obligor",  "obligee",  and  "payor"
11    mean  those  terms  as  defined in the Income Withholding for
12    Support Act, except that "order for support" shall  not  mean
13    orders providing for spousal maintenance under which there is
14    no child support obligation.
15        (b)  Notwithstanding  any other provision of this Code to
16    the contrary, each court or administrative order for  support
17    entered or modified on or after October 1, 1999 shall require
18    that  support payments be made to the State Disbursement Unit
19    established under Section 10-26 if:
20             (1)  a party to the order  is  receiving  child  and
21        spouse support services under this Article X; or
22             (2)  no  party  to  the order is receiving child and
23        spouse support services, but  the  support  payments  are
24        made through income withholding.
25        (c)  Support   payments   shall  be  made  to  the  State
26    Disbursement Unit if:
27             (1)  the  order  for  support  was  entered   before
28        October  1,  1999,  and a party to the order is receiving
29        child and spouse support services under this  Article  X;
30        or
31             (2)  no  party  to  the order is receiving child and
 
                            -2-                LRB9110733DJcd
 1        spouse support services, and  the  support  payments  are
 2        being made through income withholding.
 3        (c-5)  If  no  party  to the order is receiving child and
 4    spouse support services under this Article X, and the support
 5    payments are not being made through income withholding,  then
 6    support  payments  shall be made as directed in the order for
 7    support.
 8        (c-10)  Within 15 days after the effective date  of  this
 9    amendatory  Act  of  the  91st General Assembly, the Illinois
10    Department shall provide written notice to the clerk  of  the
11    circuit  court,  the  obligor,  and,  where  applicable,  the
12    obligor's  payor  to  make payments to the State Disbursement
13    Unit if:
14             (1)  the  order  for  support  was  entered   before
15        October  1,  1999,  and a party to the order is receiving
16        child and spouse support services under this  Article  X;
17        or
18             (2)  no  party  to  the order is receiving child and
19        spouse support services, and  the  support  payments  are
20        being made through income withholding.
21        (c-15)  Within  15  days after the effective date of this
22    amendatory Act of the 91st General Assembly, the clerk of the
23    circuit court shall provide written notice to the obligor  to
24    make  payments  directly to the clerk of the circuit court if
25    no party to the order is receiving child and  spouse  support
26    services  under  this Article X, the support payments are not
27    made through income withholding, and the  order  for  support
28    requires support payments to be made directly to the clerk of
29    the circuit court.
30        (c-20)  If the State Disbursement Unit receives a support
31    payment  that  was  not  appropriately made to the Unit under
32    this Section, the Unit shall immediately return  the  payment
33    to the sender, including, if possible, instructions detailing
34    where to send the support payments.
 
                            -3-                LRB9110733DJcd
 1        (d)  The  notices  required  under subsections (c-10) and
 2    (c-15) may be sent by ordinary mail, certified  mail,  return
 3    receipt   requested,   facsimile   transmission,   or   other
 4    electronic  process,  or  may  be  served upon the obligor or
 5    payor using any method provided  by  law  for  service  of  a
 6    summons.   A  copy  of  the  notice  shall be provided to the
 7    obligee and, when the order for support was  entered  by  the
 8    court, to the clerk of the court.
 9    (Source: P.A. 91-212, eff. 7-20-99; 91-677, eff. 1-5-00.)

[ Top ]