Public Act 90-0790 of the 90th General Assembly
Public Act 90-0790
SB1700 Enrolled LRB9009117DJcdA
AN ACT concerning child support, amending named Acts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
(5 ILCS 405/Act rep.)
Section 2. The Child Support Information Act is
repealed.
Section 5. The Illinois Public Aid Code is amended by
changing Sections 10-10, 10-11, 10-12, 10-13, 10-13.6, 10-14,
10-16.2, 10-17.1, and 10-17.7 and by adding Sections
10-12.1, 10-14.1, and 10-27 as follows:
(305 ILCS 5/10-10) (from Ch. 23, par. 10-10)
(Text of Section before amendment by P.A. 90-539)
Sec. 10-10. Court enforcement; applicability also to
persons who are not applicants or recipients. Except where
the Illinois Department, by agreement, acts for the local
governmental unit, as provided in Section 10-3.1, local
governmental units shall refer to the State's Attorney or to
the proper legal representative of the governmental unit, for
judicial enforcement as herein provided, instances of
non-support or insufficient support when the dependents are
applicants or recipients under Article VI. The Child and
Spouse Support Unit established by Section 10-3.1 may
institute in behalf of the Illinois Department any actions
under this Section for judicial enforcement of the support
liability when the dependents are (a) applicants or
recipients under Articles III, IV, V or VII (b) applicants or
recipients in a local governmental unit when the Illinois
Department, by agreement, acts for the unit; or (c)
non-applicants or non-recipients who are receiving support
enforcement services under this Article X, as provided in
Section 10-1. Where the Child and Spouse Support Unit has
exercised its option and discretion not to apply the
provisions of Sections 10-3 through 10-8, the failure by the
Unit to apply such provisions shall not be a bar to bringing
an action under this Section.
Action shall be brought in the circuit court to obtain
support, or for the recovery of aid granted during the period
such support was not provided, or both for the obtainment of
support and the recovery of the aid provided. Actions for
the recovery of aid may be taken separately or they may be
consolidated with actions to obtain support. Such actions
may be brought in the name of the person or persons requiring
support, or may be brought in the name of the Illinois
Department or the local governmental unit, as the case
requires, in behalf of such persons.
The court may enter such orders for the payment of moneys
for the support of the person as may be just and equitable
and may direct payment thereof for such period or periods of
time as the circumstances require, including support for a
period before the date the order for support is entered. The
order may be entered against any or all of the defendant
responsible relatives and may be based upon the proportionate
ability of each to contribute to the person's support.
The Court shall determine the amount of child support
(including child support for a period before the date the
order for child support is entered) by using the guidelines
and standards set forth in subsection (a) of Section 505 and
in Section 505.2 of the Illinois Marriage and Dissolution of
Marriage Act. For purposes of determining the amount of child
support to be paid for a period before the date the order for
child support is entered, there is a rebuttable presumption
that the responsible relative's net income for that period
was the same as his or her net income at the time the order
is entered.
The Court shall determine the amount of maintenance using
the standards set forth in Section 504 of the Illinois
Marriage and Dissolution of Marriage Act.
Any new or existing support order entered by the court
under this Section shall be deemed to be a series of
judgments against the person obligated to pay support
thereunder, each such judgment to be in the amount of each
payment or installment of support and each such judgment to
be deemed entered as of the date the corresponding payment or
installment becomes due under the terms of the support order.
Each such judgment shall have the full force, effect and
attributes of any other judgment of this State, including the
ability to be enforced. Any such judgment is subject to
modification or termination only in accordance with Section
510 of the Illinois Marriage and Dissolution of Marriage Act.
A lien arises by operation of law against the real and
personal property of the noncustodial parent for each
installment of overdue support owed by the noncustodial
parent.
When an order is entered for the support of a minor, the
court may provide therein for reasonable visitation of the
minor by the person or persons who provided support pursuant
to the order. Whoever willfully refuses to comply with such
visitation order or willfully interferes with its enforcement
may be declared in contempt of court and punished therefor.
Except where the local governmental unit has entered into
an agreement with the Illinois Department for the Child and
Spouse Support Unit to act for it, as provided in Section
10-3.1, support orders entered by the court in cases
involving applicants or recipients under Article VI shall
provide that payments thereunder be made directly to the
local governmental unit. Orders for the support of all other
applicants or recipients shall provide that payments
thereunder be made directly to the Illinois Department. In
accordance with federal law and regulations, the Illinois
Department may continue to collect current maintenance
payments or child support payments, or both, after those
persons cease to receive public assistance and until
termination of services under Article X. The Illinois
Department shall pay the net amount collected to those
persons after deducting any costs incurred in making the
collection or any collection fee from the amount of any
recovery made. In both cases the order shall permit the
local governmental unit or the Illinois Department, as the
case may be, to direct the responsible relative or relatives
to make support payments directly to the needy person, or to
some person or agency in his behalf, upon removal of the
person from the public aid rolls or upon termination of
services under Article X.
If the notice of support due issued pursuant to Section
10-7 directs that support payments be made directly to the
needy person, or to some person or agency in his behalf, and
the recipient is removed from the public aid rolls, court
action may be taken against the responsible relative
hereunder if he fails to furnish support in accordance with
the terms of such notice.
Actions may also be brought under this Section in behalf
of any person who is in need of support from responsible
relatives, as defined in Section 2-11 of Article II who is
not an applicant for or recipient of financial aid under this
Code. In such instances, the State's Attorney of the county
in which such person resides shall bring action against the
responsible relatives hereunder. If the Illinois Department,
as authorized by Section 10-1, extends the support services
provided by this Article to spouses and dependent children
who are not applicants or recipients under this Code, the
Child and Spouse Support Unit established by Section 10-3.1
shall bring action against the responsible relatives
hereunder and any support orders entered by the court in such
cases shall provide that payments thereunder be made directly
to the Illinois Department.
Whenever it is determined in a proceeding to establish or
enforce a child support or maintenance obligation that the
person owing a duty of support is unemployed, the court may
order the person to seek employment and report periodically
to the court with a diary, listing or other memorandum of his
or her efforts in accordance with such order. Additionally,
the court may order the unemployed person to report to the
Department of Employment Security for job search services or
to make application with the local Jobs Training Partnership
Act provider for participation in job search, training or
work programs and where the duty of support is owed to a
child receiving support services under this Article X, the
court may order the unemployed person to report to the
Illinois Department for participation in job search, training
or work programs established under Section 9-6 and Article
IXA of this Code.
Whenever it is determined that a person owes past-due
support for a child receiving assistance under this Code, the
court shall order at the request of the Illinois Department:
(1) that the person pay the past-due support in
accordance with a plan approved by the court; or
(2) if the person owing past-due support is
unemployed, is subject to such a plan, and is not
incapacitated, that the person participate in such job
search, training, or work programs established under
Section 9-6 and Article IXA of this Code as the court
deems appropriate.
A determination under this Section shall not be
administratively reviewable by the procedures specified in
Sections 10-12, and 10-13 to 10-13.10. Any determination
under these Sections, if made the basis of court action under
this Section, shall not affect the de novo judicial
determination required under this Section.
A one-time charge of 20% is imposable upon the amount of
past-due child support owed on July 1, 1988 which has accrued
under a support order entered by the court. The charge shall
be imposed in accordance with the provisions of Section 10-21
of this Code and shall be enforced by the court upon
petition.
All orders for support, when entered or modified, shall
include a provision requiring the non-custodial parent to
notify the court and, in cases in which a party is receiving
child and spouse support services under this Article X, the
Illinois Department, within 7 days, (i) of the name, address,
and telephone number of any new employer of the non-custodial
parent, (ii) whether the non-custodial parent has access to
health insurance coverage through the employer or other group
coverage and, if so, the policy name and number and the names
of persons covered under the policy, and (iii) of any new
residential or mailing address or telephone number of the
non-custodial parent. In any subsequent action to enforce a
support order, upon a sufficient showing that a diligent
effort has been made to ascertain the location of the
non-custodial parent, service of process or provision of
notice necessary in the case may be made at the last known
address of the non-custodial parent in any manner expressly
provided by the Code of Civil Procedure or this Code, which
service shall be sufficient for purposes of due process.
In cases in which a party is receiving child and spouse
support services under this Article X and the order for
support provides that child support payments be made to the
obligee, the Illinois Department of Public Aid may provide
notice to the obligor and the obligor's payor, when income
withholding is in effect under Section 10-16.2, to make all
payments after receipt of the Illinois Department's notice to
the clerk of the court until further notice by the Illinois
Department or order of the court. Copies of the notice shall
be provided to the obligee and the clerk. The clerk's copy
shall contain a proof of service on the obligor and the
obligor's payor, where applicable. The clerk shall file the
clerk's copy of the notice in the court file. The notice to
the obligor and the payor, if applicable, may be sent by
ordinary mail, certified mail, return receipt requested,
facsimile transmission, or other electronic process, or may
be served upon the obligor or payor using any method provided
by law for service of a summons. An obligor who fails to
comply with a notice provided under this paragraph is guilty
of a Class B misdemeanor. A payor who fails to comply with a
notice provided under this paragraph is guilty of a business
offense and subject to a fine of up to $1,000.
An order for support shall include a date on which the
current support obligation terminates. The termination date
shall be no earlier than the date on which the child covered
by the order will attain the age of majority or is otherwise
emancipated. The order for support shall state that the
termination date does not apply to any arrearage that may
remain unpaid on that date. Nothing in this paragraph shall
be construed to prevent the court from modifying the order.
Upon notification in writing or by electronic
transmission from the Illinois Department to the clerk of the
court that a person who is receiving support payments under
this Section is receiving services under the Child Support
Enforcement Program established by Title IV-D of the Social
Security Act, any support payments subsequently received by
the clerk of the court shall be transmitted in accordance
with the instructions of the Illinois Department until the
Illinois Department gives notice to the clerk of the court to
cease the transmittal. After providing the notification
authorized under this paragraph, the Illinois Department
shall be entitled as a party to notice of any further
proceedings in the case. The clerk of the court shall file a
copy of the Illinois Department's notification in the court
file. The clerk's failure to file a copy of the
notification in the court file shall not, however, affect the
Illinois Department's right to receive notice of further
proceedings.
Payments under this Section to the Illinois Department
pursuant to the Child Support Enforcement Program established
by Title IV-D of the Social Security Act shall be paid into
the Child Support Enforcement Trust Fund. All other payments
under this Section to the Illinois Department shall be
deposited in the Public Assistance Recoveries Trust Fund.
Disbursements from these funds shall be as provided in
Sections 12-9 and 12-10.2 of this Code. Payments received by
a local governmental unit shall be deposited in that unit's
General Assistance Fund.
(Source: P.A. 90-18, eff. 7-1-97.)
(Text of Section after amendment by P.A. 90-539)
Sec. 10-10. Court enforcement; applicability also to
persons who are not applicants or recipients. Except where
the Illinois Department, by agreement, acts for the local
governmental unit, as provided in Section 10-3.1, local
governmental units shall refer to the State's Attorney or to
the proper legal representative of the governmental unit, for
judicial enforcement as herein provided, instances of
non-support or insufficient support when the dependents are
applicants or recipients under Article VI. The Child and
Spouse Support Unit established by Section 10-3.1 may
institute in behalf of the Illinois Department any actions
under this Section for judicial enforcement of the support
liability when the dependents are (a) applicants or
recipients under Articles III, IV, V or VII (b) applicants or
recipients in a local governmental unit when the Illinois
Department, by agreement, acts for the unit; or (c)
non-applicants or non-recipients who are receiving support
enforcement services under this Article X, as provided in
Section 10-1. Where the Child and Spouse Support Unit has
exercised its option and discretion not to apply the
provisions of Sections 10-3 through 10-8, the failure by the
Unit to apply such provisions shall not be a bar to bringing
an action under this Section.
Action shall be brought in the circuit court to obtain
support, or for the recovery of aid granted during the period
such support was not provided, or both for the obtainment of
support and the recovery of the aid provided. Actions for
the recovery of aid may be taken separately or they may be
consolidated with actions to obtain support. Such actions
may be brought in the name of the person or persons requiring
support, or may be brought in the name of the Illinois
Department or the local governmental unit, as the case
requires, in behalf of such persons.
The court may enter such orders for the payment of moneys
for the support of the person as may be just and equitable
and may direct payment thereof for such period or periods of
time as the circumstances require, including support for a
period before the date the order for support is entered. The
order may be entered against any or all of the defendant
responsible relatives and may be based upon the proportionate
ability of each to contribute to the person's support.
The Court shall determine the amount of child support
(including child support for a period before the date the
order for child support is entered) by using the guidelines
and standards set forth in subsection (a) of Section 505 and
in Section 505.2 of the Illinois Marriage and Dissolution of
Marriage Act. For purposes of determining the amount of child
support to be paid for a period before the date the order for
child support is entered, there is a rebuttable presumption
that the responsible relative's net income for that period
was the same as his or her net income at the time the order
is entered.
An order entered under this Section shall include a
provision requiring the obligor to report to the obligee and
to the clerk of court within 10 days each time the obligor
obtains new employment, and each time the obligor's
employment is terminated for any reason. The report shall be
in writing and shall, in the case of new employment, include
the name and address of the new employer. Failure to report
new employment or the termination of current employment, if
coupled with nonpayment of support for a period in excess of
60 days, is indirect criminal contempt. For any obligor
arrested for failure to report new employment bond shall be
set in the amount of the child support that should have been
paid during the period of unreported employment. An order
entered under this Section shall also include a provision
requiring the obligor and obligee parents to advise each
other of a change in residence within 5 days of the change
except when the court finds that the physical, mental, or
emotional health of a party or that of a minor child, or
both, would be seriously endangered by disclosure of the
party's address.
The Court shall determine the amount of maintenance using
the standards set forth in Section 504 of the Illinois
Marriage and Dissolution of Marriage Act.
Any new or existing support order entered by the court
under this Section shall be deemed to be a series of
judgments against the person obligated to pay support
thereunder, each such judgment to be in the amount of each
payment or installment of support and each such judgment to
be deemed entered as of the date the corresponding payment or
installment becomes due under the terms of the support order.
Each such judgment shall have the full force, effect and
attributes of any other judgment of this State, including the
ability to be enforced. Any such judgment is subject to
modification or termination only in accordance with Section
510 of the Illinois Marriage and Dissolution of Marriage Act.
A lien arises by operation of law against the real and
personal property of the noncustodial parent for each
installment of overdue support owed by the noncustodial
parent.
When an order is entered for the support of a minor, the
court may provide therein for reasonable visitation of the
minor by the person or persons who provided support pursuant
to the order. Whoever willfully refuses to comply with such
visitation order or willfully interferes with its enforcement
may be declared in contempt of court and punished therefor.
Except where the local governmental unit has entered into
an agreement with the Illinois Department for the Child and
Spouse Support Unit to act for it, as provided in Section
10-3.1, support orders entered by the court in cases
involving applicants or recipients under Article VI shall
provide that payments thereunder be made directly to the
local governmental unit. Orders for the support of all other
applicants or recipients shall provide that payments
thereunder be made directly to the Illinois Department. In
accordance with federal law and regulations, the Illinois
Department may continue to collect current maintenance
payments or child support payments, or both, after those
persons cease to receive public assistance and until
termination of services under Article X. The Illinois
Department shall pay the net amount collected to those
persons after deducting any costs incurred in making the
collection or any collection fee from the amount of any
recovery made. In both cases the order shall permit the
local governmental unit or the Illinois Department, as the
case may be, to direct the responsible relative or relatives
to make support payments directly to the needy person, or to
some person or agency in his behalf, upon removal of the
person from the public aid rolls or upon termination of
services under Article X.
If the notice of support due issued pursuant to Section
10-7 directs that support payments be made directly to the
needy person, or to some person or agency in his behalf, and
the recipient is removed from the public aid rolls, court
action may be taken against the responsible relative
hereunder if he fails to furnish support in accordance with
the terms of such notice.
Actions may also be brought under this Section in behalf
of any person who is in need of support from responsible
relatives, as defined in Section 2-11 of Article II who is
not an applicant for or recipient of financial aid under this
Code. In such instances, the State's Attorney of the county
in which such person resides shall bring action against the
responsible relatives hereunder. If the Illinois Department,
as authorized by Section 10-1, extends the support services
provided by this Article to spouses and dependent children
who are not applicants or recipients under this Code, the
Child and Spouse Support Unit established by Section 10-3.1
shall bring action against the responsible relatives
hereunder and any support orders entered by the court in such
cases shall provide that payments thereunder be made directly
to the Illinois Department.
Whenever it is determined in a proceeding to establish or
enforce a child support or maintenance obligation that the
person owing a duty of support is unemployed, the court may
order the person to seek employment and report periodically
to the court with a diary, listing or other memorandum of his
or her efforts in accordance with such order. Additionally,
the court may order the unemployed person to report to the
Department of Employment Security for job search services or
to make application with the local Jobs Training Partnership
Act provider for participation in job search, training or
work programs and where the duty of support is owed to a
child receiving support services under this Article X, the
court may order the unemployed person to report to the
Illinois Department for participation in job search, training
or work programs established under Section 9-6 and Article
IXA of this Code.
Whenever it is determined that a person owes past-due
support for a child receiving assistance under this Code, the
court shall order at the request of the Illinois Department:
(1) that the person pay the past-due support in
accordance with a plan approved by the court; or
(2) if the person owing past-due support is
unemployed, is subject to such a plan, and is not
incapacitated, that the person participate in such job
search, training, or work programs established under
Section 9-6 and Article IXA of this Code as the court
deems appropriate.
A determination under this Section shall not be
administratively reviewable by the procedures specified in
Sections 10-12, and 10-13 to 10-13.10. Any determination
under these Sections, if made the basis of court action under
this Section, shall not affect the de novo judicial
determination required under this Section.
A one-time charge of 20% is imposable upon the amount of
past-due child support owed on July 1, 1988 which has accrued
under a support order entered by the court. The charge shall
be imposed in accordance with the provisions of Section 10-21
of this Code and shall be enforced by the court upon
petition.
All orders for support, when entered or modified, shall
include a provision requiring the non-custodial parent to
notify the court and, in cases in which a party is receiving
child and spouse support services under this Article X, the
Illinois Department, within 7 days, (i) of the name, address,
and telephone number of any new employer of the non-custodial
parent, (ii) whether the non-custodial parent has access to
health insurance coverage through the employer or other group
coverage and, if so, the policy name and number and the names
of persons covered under the policy, and (iii) of any new
residential or mailing address or telephone number of the
non-custodial parent. In any subsequent action to enforce a
support order, upon a sufficient showing that a diligent
effort has been made to ascertain the location of the
non-custodial parent, service of process or provision of
notice necessary in the case may be made at the last known
address of the non-custodial parent in any manner expressly
provided by the Code of Civil Procedure or this Code, which
service shall be sufficient for purposes of due process.
In cases in which a party is receiving child and spouse
support services under this Article X and the order for
support provides that child support payments be made to the
obligee, the Illinois Department of Public Aid may provide
notice to the obligor and the obligor's payor, when income
withholding is in effect under Section 10-16.2, to make all
payments after receipt of the Illinois Department's notice to
the clerk of the court until further notice by the Illinois
Department or order of the court. Copies of the notice shall
be provided to the obligee and the clerk. The clerk's copy
shall contain a proof of service on the obligor and the
obligor's payor, where applicable. The clerk shall file the
clerk's copy of the notice in the court file. The notice to
the obligor and the payor, if applicable, may be sent by
ordinary mail, certified mail, return receipt requested,
facsimile transmission, or other electronic process, or may
be served upon the obligor or payor using any method provided
by law for service of a summons. An obligor who fails to
comply with a notice provided under this paragraph is guilty
of a Class B misdemeanor. A payor who fails to comply with a
notice provided under this paragraph is guilty of a business
offense and subject to a fine of up to $1,000.
An order for support shall include a date on which the
current support obligation terminates. The termination date
shall be no earlier than the date on which the child covered
by the order will attain the age of majority or is otherwise
emancipated. The order for support shall state that the
termination date does not apply to any arrearage that may
remain unpaid on that date. Nothing in this paragraph shall
be construed to prevent the court from modifying the order.
Upon notification in writing or by electronic
transmission from the Illinois Department to the clerk of the
court that a person who is receiving support payments under
this Section is receiving services under the Child Support
Enforcement Program established by Title IV-D of the Social
Security Act, any support payments subsequently received by
the clerk of the court shall be transmitted in accordance
with the instructions of the Illinois Department until the
Illinois Department gives notice to the clerk of the court to
cease the transmittal. After providing the notification
authorized under this paragraph, the Illinois Department
shall be entitled as a party to notice of any further
proceedings in the case. The clerk of the court shall file a
copy of the Illinois Department's notification in the court
file. The clerk's failure to file a copy of the
notification in the court file shall not, however, affect the
Illinois Department's right to receive notice of further
proceedings.
Payments under this Section to the Illinois Department
pursuant to the Child Support Enforcement Program established
by Title IV-D of the Social Security Act shall be paid into
the Child Support Enforcement Trust Fund. All other payments
under this Section to the Illinois Department shall be
deposited in the Public Assistance Recoveries Trust Fund.
Disbursements from these funds shall be as provided in
Sections 12-9 and 12-10.2 of this Code. Payments received by
a local governmental unit shall be deposited in that unit's
General Assistance Fund.
(Source: P.A. 90-18, eff. 7-1-97; 90-539, eff. 6-1-98;
revised 12-23-97.)
(305 ILCS 5/10-11) (from Ch. 23, par. 10-11)
(Text of Section before amendment by P.A. 90-539)
Sec. 10-11. Administrative Orders. In lieu of actions
for court enforcement of support under Section 10-10, the
Child and Spouse Support Unit of the Illinois Department, in
accordance with the rules of the Illinois Department, may
issue an administrative order requiring the responsible
relative to comply with the terms of the determination and
notice of support due, determined and issued under Sections
10-6 and 10-7. The Unit may also enter an administrative
order under subsection (b) of Section 10-7. The
administrative order shall be served upon the responsible
relative by United States registered or certified mail. In
cases in which the responsible relative appeared at the
office of the Child and Spouse Support Unit in response to
the notice of support obligation issued under Section 10-4,
however, or in cases of default in which the notice was
served on the responsible relative by certified mail, return
receipt requested, or by a private person as authorized under
Section 10-4, or by any method provided by law for service of
summons, the administrative determination of paternity or
administrative support order may be sent to the responsible
relative by ordinary mail addressed to the responsible
relative's last known address.
If a responsible relative or a person receiving child and
spouse support services under this Article fails to petition
the Illinois Department for release from or modification of
the administrative order, as provided in Section 10-12 or
Section 10-12.1, the order shall become final and there shall
be no further administrative or judicial remedy. Likewise a
decision by the Illinois Department as a result of an
administrative hearing, as provided in Sections 10-13 to
10-13.10, shall become final and enforceable if not
judicially reviewed under the Administrative Review Law, as
provided in Section 10-14.
Any new or existing support order entered by the Illinois
Department under this Section shall be deemed to be a series
of judgments against the person obligated to pay support
thereunder, each such judgment to be in the amount of each
payment or installment of support and each such judgment to
be deemed entered as of the date the corresponding payment or
installment becomes due under the terms of the support order.
Each such judgment shall have the full force, effect and
attributes of any other judgment of this State, including the
ability to be enforced. Any such judgment is subject to
modification or termination only in accordance with Section
510 of the Illinois Marriage and Dissolution of Marriage Act.
A lien arises by operation of law against the real and
personal property of the noncustodial parent for each
installment of overdue support owed by the noncustodial
parent.
A one-time charge of 20% is imposable upon the amount of
past-due child support owed on July 1, 1988, which has
accrued under a support order entered by the Illinois
Department under this Section. The charge shall be imposed
in accordance with the provisions of Section 10-21 and shall
be enforced by the court in a suit filed under Section 10-15.
(Source: P.A. 90-18, eff. 7-1-97)
(Text of Section after amendment by P.A. 90-539)
Sec. 10-11. Administrative Orders. In lieu of actions
for court enforcement of support under Section 10-10, the
Child and Spouse Support Unit of the Illinois Department, in
accordance with the rules of the Illinois Department, may
issue an administrative order requiring the responsible
relative to comply with the terms of the determination and
notice of support due, determined and issued under Sections
10-6 and 10-7. The Unit may also enter an administrative
order under subsection (b) of Section 10-7. The
administrative order shall be served upon the responsible
relative by United States registered or certified mail. In
cases in which the responsible relative appeared at the
office of the Child and Spouse Support Unit in response to
the notice of support obligation issued under Section 10-4,
however, or in cases of default in which the notice was
served on the responsible relative by certified mail, return
receipt requested, or by a private person as authorized under
Section 10-4, or by any method provided by law for service of
summons, the administrative determination of paternity or
administrative support order may be sent to the responsible
relative by ordinary mail addressed to the responsible
relative's last known address.
If a responsible relative or a person receiving child and
spouse support services under this Article fails to petition
the Illinois Department for release from or modification of
the administrative order, as provided in Section 10-12 or
Section 10-12.1, the order shall become final and there shall
be no further administrative or judicial remedy. Likewise a
decision by the Illinois Department as a result of an
administrative hearing, as provided in Sections 10-13 to
10-13.10, shall become final and enforceable if not
judicially reviewed under the Administrative Review Law, as
provided in Section 10-14.
Any new or existing support order entered by the Illinois
Department under this Section shall be deemed to be a series
of judgments against the person obligated to pay support
thereunder, each such judgment to be in the amount of each
payment or installment of support and each such judgment to
be deemed entered as of the date the corresponding payment or
installment becomes due under the terms of the support order.
Each such judgment shall have the full force, effect and
attributes of any other judgment of this State, including the
ability to be enforced. Any such judgment is subject to
modification or termination only in accordance with Section
510 of the Illinois Marriage and Dissolution of Marriage Act.
A lien arises by operation of law against the real and
personal property of the noncustodial parent for each
installment of overdue support owed by the noncustodial
parent.
An order entered under this Section shall include a
provision requiring the obligor to report to the obligee and
to the clerk of court within 10 days each time the obligor
obtains new employment, and each time the obligor's
employment is terminated for any reason. The report shall be
in writing and shall, in the case of new employment, include
the name and address of the new employer. Failure to report
new employment or the termination of current employment, if
coupled with nonpayment of support for a period in excess of
60 days, is indirect criminal contempt. For any obligor
arrested for failure to report new employment bond shall be
set in the amount of the child support that should have been
paid during the period of unreported employment. An order
entered under this Section shall also include a provision
requiring the obligor and obligee parents to advise each
other of a change in residence within 5 days of the change
except when the court finds that the physical, mental, or
emotional health of a party or that of a minor child, or
both, would be seriously endangered by disclosure of the
party's address.
A one-time charge of 20% is imposable upon the amount of
past-due child support owed on July 1, 1988, which has
accrued under a support order entered by the Illinois
Department under this Section. The charge shall be imposed
in accordance with the provisions of Section 10-21 and shall
be enforced by the court in a suit filed under Section 10-15.
(Source: P.A. 90-18, eff. 7-1-97; 90-539, eff. 6-1-98;
revised 12-23-97.)
(305 ILCS 5/10-12) (from Ch. 23, par. 10-12)
Sec. 10-12. Petition by responsible relative for release
from or modification of administrative support order or
administrative determination of paternity.
(a) Any responsible relative aggrieved by an
administrative order entered under Section Sections 10-11 or
10-11.1 or an administrative determination of paternity
entered under Section 10-17.7 who has been duly notified of
such order or determination, may, within 30 days from the
date of mailing of such order or determination, petition the
Illinois Department for a release from or modification of the
order or determination. The day immediately subsequent to the
mailing of the order or determination shall be considered as
the first day, and the day such petition is received by the
Illinois Department shall be considered as the last day in
computing the 30 day appeal period.
The Illinois Department shall, upon receipt of a petition
within the 30 day appeal period, provide for a hearing to be
held thereon.
(b) Notwithstanding the 30-day appeal period set forth in
subsection (a), a man against whom a default administrative
determination of paternity has been entered may have the
determination vacated if, within 30 days after being served
with the determination, he appears in person at the office
to which he was given notice to appear for an interview and
files a written request for relief from the determination.
The Illinois Department shall then proceed with the
establishment of paternity. A man may obtain relief under
this subsection from an administrative determination of
paternity only once in any proceeding to establish
paternity.
(Source: P.A. 85-1155.)
(305 ILCS 5/10-12.1 new)
Sec. 10-12.1. Petition by person receiving child and
spouse support services for release from or modification of
administrative support order or administrative determination
of paternity. Any person receiving child and spouse support
services under this Article who is aggrieved by an
administrative order entered under Section 10-11 or 10-11.1
or an administrative determination of paternity entered
under Section 10-17.7 who has been duly notified of the
order or determination may, within 30 days after the date of
mailing of the order or determination, petition the Illinois
Department for release from or modification of the order or
determination. The day immediately subsequent to the mailing
of the order or determination shall be considered as the
first day and the day the petition is received by the
Illinois Department shall be considered as the last day in
computing the 30-day appeal period. Upon receiving a petition
within the 30-day appeal period, the Illinois Department
shall provide for a hearing to be held on the petition.
(305 ILCS 5/10-13) (from Ch. 23, par. 10-13)
Sec. 10-13. Hearing on Petition.
The Illinois Department, or any officer or employee
thereof designated in writing by the Illinois Department,
shall conduct hearings and investigations in connection with
petitions filed pursuant to with Section 10-12 or Section
10-12.1. Responsible relatives and persons receiving child
and spouse support services under this Article shall be
entitled to appear in person, to be represented by counsel at
the hearing and to present all relevant matter in support of
their petitions. The provisions of Sections 10-13.1 through
to 10-13.10 shall govern the hearing.
The hearing shall be de novo and the Illinois
Department's determination of liability or non-liability
shall be independent of the determination of the
administrative enforcement unit.
(Source: Laws 1967, p. 122.)
(305 ILCS 5/10-13.6) (from Ch. 23, par. 10-13.6)
Sec. 10-13.6. Subpoenas.
(a) The Illinois Department, or any officer or employee
thereof designated in writing by the Illinois Department,
shall at its or his own instance, or on the written request
of any other party to the proceeding, issue subpoenas
requiring the attendance of and the giving of testimony by
witnesses, and subpoenas duces tecum requiring the production
of books, papers, records or memoranda. The subpoenas and
subpoenas duces tecum may be served by any person of full
age. Any subpoena may be served in the same manner as a
subpoena issued out of a circuit court, and may also be
served by United States registered or certified mail,
addressed to the person concerned at his last known address,
and proof of such mailing shall be sufficient for the
purposes of the Article.
(b) Subpoenas duces tecum issued in other states shall be
afforded full faith and credit in this State. Every such
subpoena shall have the full force, effect, and attributes
of a subpoena issued in this State, including the ability to
be enforced.
(Source: Laws 1967, p. 122.)
(305 ILCS 5/10-14) (from Ch. 23, par. 10-14)
Sec. 10-14. Review of Illinois department decision on
petition for hearing. Any responsible relative or person
receiving child and spouse support services under this
Article affected by a final administrative decision of the
Illinois Department in a hearing, conducted pursuant to
Sections 10-13 through to 10-13.10 in which such relative or
person receiving services was a party, may have the decision
reviewed only under and in accordance with the Administrative
Review Law, as amended. The provisions of the Administrative
Review Law, and the rules adopted pursuant thereto, shall
apply to and govern all proceedings for the judicial review
of such final administrative decisions of the Illinois
Department. The term "administrative decision" is defined as
in Section 3-101 of the Code of Civil Procedure.
Appeals from all final orders and judgments entered by a
court upon review of the Illinois Department's order in any
case may be taken by either party to the proceeding and shall
be governed by the rules applicable to appeals in civil
cases.
The remedy herein provided for appeal shall be exclusive,
and no court shall have jurisdiction to review the subject
matter of any order made by the Illinois Department except as
herein provided.
(Source: P.A. 82-783.)
(305 ILCS 5/10-14.1 new)
Sec. 10-14.1. Relief from administrative orders.
Notwithstanding the 30-day appeal period provided in Sections
10-12 and 10-12.1 and the limitation on review of final
administrative decisions contained in Section 10-14, a
responsible relative or a person receiving child and spouse
support services under this Article who is aggrieved by an
administrative order entered under Section 10-11 or 10-11.1
or an administrative determination of paternity entered under
Section 10-17.7 and who did not petition within the 30-day
appeal period may petition the Illinois Department for relief
from the administrative order or determination on the same
grounds as are provided for relief from judgments under
Section 2-1401 of the Code of Civil Procedure. The petition
must be filed not later than 2 years after the entry of the
order or determination by the Illinois Department. The day
immediately subsequent to the mailing of the order or
determination shall be considered as the first day and the
day the petition is received by the Illinois Department shall
be considered as the last day in computing the 2-year period.
Any period during which the person seeking relief is under a
legal disability or duress or during which the grounds for
relief are fraudulently concealed shall be excluded in
computing the period of 2 years.
Upon receiving a petition within the 2-year period, the
Illinois Department shall provide for a hearing to be held on
the petition.
(305 ILCS 5/10-16.2) (from Ch. 23, par. 10-16.2)
Sec. 10-16.2. Withholding of Income to Secure Payment of
Support.
(A) Definitions.
(1) "Order for support" means any order of the court
which provides for periodic payment of funds for the support
of a child or maintenance of a spouse, whether temporary or
final, and includes any such order which provides for:
(a) Modification or resumption of, or payment of
arrearage accrued under, a previously existing order;
(b) Reimbursement of support; or
(c) Enrollment in a health insurance plan that is
available to the obligor through an employer or labor
union or trade union.
(2) "Arrearage" means the total amount of unpaid support
obligations as determined by the court and incorporated into
an order for support.
(2.5) "Business day" means a day on which State offices
are open for regular business.
(3) "Delinquency" means any payment under an order for
support which becomes due and remains unpaid after entry of
the order for support.
(4) "Income" means any form of periodic payment to an
individual, regardless of source, including, but not limited
to: wages, salary, commission, compensation as an independent
contractor, workers' compensation, disability, annuity,
pension, and retirement benefits, lottery prize awards,
insurance proceeds, vacation pay, bonuses, profit-sharing
payments, interest, and any other payments, made by any
person, private entity, federal or state government, any unit
of local government, school district or any entity created by
Public Act; however, "income" excludes:
(a) Any amounts required by law to be withheld,
other than creditor claims, including, but not limited
to, federal, State and local taxes, Social Security and
other retirement and disability contributions;
(b) Union dues;
(c) Any amounts exempted by the federal Consumer
Credit Protection Act;
(d) Public assistance payments; and
(e) Unemployment insurance benefits except as
provided by law.
Any other State or local laws which limit or exempt
income or the amount or percentage of income that can be
withheld shall not apply.
(5) "Obligor" means the individual who owes a duty to
make payments under an order for support.
(6) "Obligee" means the individual to whom a duty of
support is owed or the individual's legal representative.
(7) "Payor" means any payor of income to an obligor.
(8) "Public office" means any elected official or any
State or local agency which is or may become responsible by
law for enforcement of, or which is or may become authorized
to enforce, an order for support, including, but not limited
to: the Attorney General, the Illinois Department of Public
Aid, the Illinois Department of Human Services (as successor
to the Department of Mental Health and Developmental
Disabilities), the Illinois Department of Children and Family
Services, and the various State's Attorneys, Clerks of the
Circuit Court and supervisors of general assistance.
(9) "Premium" means the dollar amount for which the
obligor is liable to his employer or labor union or trade
union and which must be paid to enroll or maintain a child in
a health insurance plan that is available to the obligor
through an employer or labor union or trade union.
(B) Entry of Order for Support Containing Income Withholding
Provisions; Income Withholding Notice.
(1) In addition to any content required under other
laws, every order for support entered on or after July 1,
1997, shall:
(a) Require an income withholding notice to be
prepared and served immediately upon any payor of the
obligor by the obligee or public office, unless a written
agreement is reached between and signed by both parties
providing for an alternative arrangement, approved and
entered into the record by the court, which ensures
payment of support. In that case, the order for support
shall provide that an income withholding notice is to be
prepared and served only if the obligor becomes
delinquent in paying the order for support; and
(b) Contain a dollar amount to be paid until
payment in full of any delinquency that accrues after
entry of the order for support. The amount for payment
of delinquency shall not be less than 20% of the total of
the current support amount and the amount to be paid
periodically for payment of any arrearage stated in the
order for support; and
(c) Include the obligor's Social Security Number,
which the obligor shall disclose to the court. If the
obligor is not a United States citizen, the obligor shall
disclose to the court, and the court shall include in the
order for support, the obligor's alien registration
number, passport number, and home country's social
security or national health number, if applicable.
(2) At the time the order for support is entered, the
Clerk of the Circuit Court shall provide a copy of the order
to the obligor and shall make copies available to the obligee
and public office.
(3) The income withholding notice shall:
(a) Be in the standard format prescribed by the
federal Department of Health and Human Services; and
(a-5) State the date of entry of the order for
support upon which the income withholding notice is
based; and
(b) Direct any payor to withhold the dollar amount
required for current support under the order for support;
and
(c) Direct any payor to withhold the dollar amount
required to be paid periodically under the order for
support for payment of the amount of any arrearage stated
in the order for support; and
(d) Direct any payor or labor union or trade union
to enroll a child as a beneficiary of a health insurance
plan and withhold or cause to be withheld, if applicable,
any required premiums; and
(e) State the amount of the payor income
withholding fee specified under this Section; and
(f) State that the amount actually withheld from
the obligor's income for support and other purposes,
including the payor withholding fee specified under this
Section, may not be in excess of the maximum amount
permitted under the federal Consumer Credit Protection
Act; and
(g) State the duties of the payor and the fines and
penalties for failure to withhold and pay over income and
for discharging, disciplining, refusing to hire, or
otherwise penalizing the obligor because of the duty to
withhold and pay over income under this Section; and
(h) State the rights, remedies, and duties of the
obligor under this Section; and
(i) Include the obligor's Social Security Number;
and
(j) Include the date that withholding for current
support terminates, which shall be the date of
termination of the current support obligation set forth
in the order for support; and.
(k) Contain the signature of the obligee or the
printed name and telephone number of the authorized
representative of the public office, except that the
failure to contain the signature of the obligee or the
printed name and telephone number of the authorized
representative of the public office shall not affect the
validity of the income withholding notice.
(4) The accrual of a delinquency as a condition for
service of an income withholding notice, under the exception
to immediate withholding in paragraph (1) of this subsection,
shall apply only to the initial service of an income
withholding notice on a payor of the obligor.
(5) Notwithstanding the exception to immediate
withholding contained in paragraph (1) of this subsection, if
the court finds at the time of any hearing that an arrearage
has accrued, the court shall order immediate service of an
income withholding notice upon the payor.
(6) If the order for support, under the exception to
immediate withholding contained in paragraph (1) of this
subsection, provides that an income withholding notice is to
be prepared and served only if the obligor becomes delinquent
in paying the order for support, the obligor may execute a
written waiver of that condition and request immediate
service on the payor.
(7) The obligee or public office may serve the income
withholding notice on the payor or its superintendent,
manager, or other agent by ordinary mail or certified mail
return receipt requested, by facsimile transmission or other
electronic means, by personal delivery, or by any method
provided by law for service of a summons. At the time of
service on the payor and as notice that withholding has
commenced, the obligee or public office shall serve a copy of
the income withholding notice on the obligor by ordinary mail
addressed to his or her last known address. A copy of the
income withholding notice together with proofs of service on
the payor and the obligor shall be filed with the Clerk of
the Circuit Court.
(8) At any time after the initial service of an income
withholding notice under this Section, any other payor of the
obligor may be served with the same income withholding notice
without further notice to the obligor. A copy of the income
withholding notice together with a proof of service on the
other payor shall be filed with the Clerk of the Circuit
Court.
(9) (4) New service of an income order for withholding
notice is not required in order to resume withholding of
income in the case of an obligor with respect to whom an
income order for withholding notice was previously served on
the payor if withholding of income was terminated because of
an interruption in the obligor's employment of less than 180
days.
(C) Income Withholding After Accrual of Delinquency.
(1) Whenever an obligor accrues a delinquency, the
obligee or public office may prepare and serve upon the
obligor's payor an income withholding notice that:
(a) Contains the information required under
paragraph (3) of subsection (B); and
(b) Contains a computation of the period and total
amount of the delinquency as of the date of the notice;
and
(c) Directs the payor to withhold the dollar amount
required to be withheld periodically under the order for
support for payment of the delinquency.
(2) The income withholding notice and the obligor's copy
of the income withholding notice shall be served as provided
in paragraph (7) of subsection (B).
(3) The obligor may contest withholding commenced under
this subsection by filing a petition to contest withholding
with the Clerk of the Circuit Court within 20 days after
service of a copy of the income withholding notice on the
obligor. However, the grounds for the petition to contest
withholding shall be limited to:
(a) A dispute concerning the existence or amount of
the delinquency; or
(b) The identity of the obligor.
The Clerk of the Circuit Court shall notify the obligor
and the obligee or public office of the time and place of the
hearing on the petition to contest withholding. The court
shall hold the hearing pursuant to the provisions of
subsection (F).
(D) Initiated Withholding.
(1) Notwithstanding any other provision of this Section,
if the court has not required that income withholding take
effect immediately, the obligee or public office may initiate
withholding, regardless of whether a delinquency has accrued,
by preparing and serving an income withholding notice on the
payor that contains the information required under paragraph
(3) of subsection (B) and states that the parties' written
agreement providing an alternative arrangement to immediate
withholding under paragraph (1) of subsection (B) no longer
ensures payment of support and the reason or reasons why it
does not.
(2) The income withholding notice and the obligor's copy
of the income withholding notice shall be served as provided
in paragraph (7) of subsection (B).
(3) The obligor may contest withholding commenced under
this subsection by filing a petition to contest withholding
with the Clerk of the Circuit Court within 20 days after
service of a copy of the income withholding notice on the
obligor. However, the grounds for the petition shall be
limited to a dispute concerning:
(a) whether the parties' written agreement providing
an alternative arrangement to immediate withholding under
paragraph (1) of subsection (B) continues to ensure
payment of support; or
(b) the identity of the obligor.
It shall not be grounds for filing a petition that the
obligor has made all payments due by the date of the
petition.
(4) If the obligor files a petition contesting
withholding within the 20-day period required under paragraph
(3), the Clerk of the Circuit Court shall notify the obligor
and the obligee or public office, as appropriate, of the time
and place of the hearing on the petition. The court shall
hold the hearing pursuant to the provisions of subsection
(F). regular or facsimile regular or facsimile
(E) Duties of Payor.
(1) It shall be the duty of any payor who has been
served with an income withholding notice to deduct and pay
over income as provided in this subsection. The payor shall
deduct the amount designated in the income withholding
notice, as supplemented by any notice provided pursuant to
paragraph (6) of subsection (G), beginning no later than the
next payment of income which is payable or creditable to the
obligor that occurs 14 days following the date the income
withholding notice was mailed, sent by facsimile or other
electronic means, or placed for personal delivery to or
service on the payor. The payor may combine all amounts
withheld for the benefit of an obligee or public office into
a single payment and transmit the payment with a listing of
obligors from whom withholding has been effected. The payor
shall pay the amount withheld to the obligee or public office
within 7 business days after the date the amount would (but
for the duty to withhold income) have been paid or credited
to the obligor. If the payor knowingly fails to pay any
amount withheld to the obligee or public office within 7
business days after the date the amount would have been paid
or credited to the obligor, the payor shall pay a penalty of
$100 for each day that the withheld amount is not paid to the
obligee or public office after the period of 7 business days
has expired. The failure of a payor, on more than one
occasion, to pay amounts withheld to the obligee or public
office within 7 business days after the date the amount would
have been paid or credited to the obligor creates a
presumption that the payor knowingly failed to pay over the
amounts. This penalty may be collected in a civil action
which may be brought against the payor in favor of the
obligee or public office. A finding of a payor's
nonperformance within the time required under this Section
must be documented by a certified mail return receipt showing
the date the income order for withholding notice was served
on the payor. For purposes of this Section, a withheld amount
shall be considered paid by a payor on the date it is mailed
by the payor, or on the date an electronic funds transfer of
the amount has been initiated by the payor, or on the date
delivery of the amount has been initiated by the payor. For
each deduction, the payor shall provide the obligee or public
office, at the time of transmittal, with the date the amount
would (but for the duty to withhold income) have been paid or
credited to the obligor.
Upon receipt of an income withholding notice requiring
that a minor child be named as a beneficiary of a health
insurance plan available through an employer or labor union
or trade union, the employer or labor union or trade union
shall immediately enroll the minor child as a beneficiary in
the health insurance plan designated by the income
withholding notice. The employer shall withhold any required
premiums and pay over any amounts so withheld and any
additional amounts the employer pays to the insurance carrier
in a timely manner. The employer or labor union or trade
union shall mail to the obligee, within 15 days of enrollment
or upon request, notice of the date of coverage, information
on the dependent coverage plan, and all forms necessary to
obtain reimbursement for covered health expenses, such as
would be made available to a new employee. When an order for
dependent coverage is in effect and the insurance coverage is
terminated or changed for any reason, the employer or labor
union or trade union shall notify the obligee within 10 days
of the termination or change date along with notice of
conversion privileges.
For withholding of income, the payor shall be entitled to
receive a fee not to exceed $5 per month to be taken from the
income to be paid to the obligor.
(2) Whenever the obligor is no longer receiving income
from the payor, the payor shall return a copy of the income
withholding notice to the obligee or public office and shall
provide information for the purpose of enforcing this
Section.
(3) Withholding of income under this Section shall be
made without regard to any prior or subsequent garnishments,
attachments, wage assignments, or any other claims of
creditors. Withholding of income under this Section shall
not be in excess of the maximum amounts permitted under the
federal Consumer Credit Protection Act. If the payor has been
served with more than one income withholding notice
pertaining to the same obligor, the payor shall allocate
income available for withholding on a proportionate share
basis, giving priority to current support payments. If there
is any income available for withholding after withholding for
all current support obligations, the payor shall allocate the
income to past due support payments ordered in cases in which
cash assistance under this Code is not being provided to the
obligee and then to past due support payments ordered in
cases in which cash assistance under this Code is being
provided to the obligee, both on a proportionate share basis.
A payor who complies with an income withholding notice that
is regular on its face shall not be subject to civil
liability with respect to any individual, any agency, or any
creditor of the obligor for conduct in compliance with the
notice.
(4) No payor shall discharge, discipline, refuse to hire
or otherwise penalize any obligor because of the duty to
withhold income.
(F) Petitions to Contest Withholding or to Modify, Suspend,
Terminate, or Correct Income Withholding Notices.
(1) When an obligor files a petition to contest
withholding, the court, after due notice to all parties,
shall hear the matter as soon as practicable and shall enter
an order granting or denying relief, ordering service of an
amended income withholding notice, where applicable, or
otherwise resolving the matter.
The court shall deny the obligor's petition if the court
finds that when the income withholding notice was mailed,
sent by facsimile transmission or other electronic means, or
placed for personal delivery to or service on the payor:
(a) A delinquency existed; or
(b) The parties' written agreement providing an
alternative arrangement to immediate withholding under
paragraph (1) of subsection (B) no longer ensured payment
of support.
(2) At any time, an obligor, obligee, public office or
Clerk of the Circuit Court may petition the court to:
(a) Modify, suspend or terminate the income
withholding notice because of a modification, suspension
or termination of the underlying order for support; or
(b) Modify the amount of income to be withheld to
reflect payment in full or in part of the delinquency or
arrearage by income withholding or otherwise; or
(c) Suspend the income withholding notice because
of inability to deliver income withheld to the obligee
due to the obligee's failure to provide a mailing address
or other means of delivery.
(3) At any time an obligor may petition the court to
correct a term contained in an income withholding notice to
conform to that stated in the underlying order for support
for:
(a) The amount of current support;
(b) The amount of the arrearage;
(c) The periodic amount for payment of the
arrearage; or
(d) The periodic amount for payment of the
delinquency.
(4) The obligor, obligee or public office shall serve on
the payor, in the manner provided for service of income
withholding notices in paragraph (7) of subsection (B), a
copy of any order entered pursuant to this subsection that
affects the duties of the payor.
(5) At any time, a public office or Clerk of the Circuit
Court may serve a notice on the payor to:
(a) Cease withholding of income for payment of
current support for a child when the support obligation
for that child has automatically ceased under the order
for support through emancipation or otherwise; or
(b) Cease withholding of income for payment of
delinquency or arrearage when the delinquency or
arrearage has been paid in full.
(6) The notice provided for under paragraph (5) of this
subsection shall be served on the payor in the manner
provided for service of income withholding notices in
paragraph (7) of subsection (B), and a copy shall be provided
to the obligor and the obligee.
(7) The income withholding notice shall continue to be
binding upon the payor until service of an amended income
withholding notice or any order of the court or notice
entered or provided for under this subsection.
(G) Additional Duties.
(1) An obligee who is receiving income withholding
payments under this Section shall notify the payor, if the
obligee receives the payments directly from the payor, or the
public office or the Clerk of the Circuit Court, as
appropriate, of any change of address within 7 days of such
change.
(2) An obligee who is a recipient of public aid shall
send a copy of any income withholding notice served by the
obligee to the Division of Child Support Enforcement of the
Illinois Department of Public Aid.
(3) Each obligor shall notify the obligee, the public
office, and the Clerk of the Circuit Court of any change of
address within 7 days.
(4) An obligor whose income is being withheld or who has
been served with a notice of delinquency pursuant to this
Section shall notify the obligee, the public office, and the
Clerk of the Circuit Court of any new payor, within 7 days.
(5) When the Illinois Department of Public Aid is no
longer authorized to receive payments for the obligee, it
shall, within 7 days, notify the payor or, where appropriate,
the Clerk of the Circuit Court, to redirect income
withholding payments to the obligee.
(6) The obligee or public office shall provide notice to
the payor and Clerk of the Circuit Court of any other support
payment made, including but not limited to, a set-off under
federal and State law or partial payment of the delinquency
or arrearage, or both.
(7) Any public office and Clerk of the Circuit Court
which collects, disburses or receives payments pursuant to
income withholding notices shall maintain complete, accurate,
and clear records of all payments and their disbursements.
Certified copies of payment records maintained by a public
office or Clerk of the Circuit Court shall, without further
proof, be admitted into evidence in any legal proceedings
under this Section.
(8) The Illinois Department of Public Aid shall design
suggested legal forms for proceeding under this Section and
shall make available to the courts such forms and
informational materials which describe the procedures and
remedies set forth herein for distribution to all parties in
support actions.
(9) At the time of transmitting each support payment,
the clerk of the circuit court shall provide the obligee or
public office, as appropriate, with any information furnished
by the payor as to the date the amount would (but for the
duty to withhold income) have been paid or credited to the
obligor.
(H) Penalties.
(1) Where a payor wilfully fails to withhold or pay over
income pursuant to a properly served income withholding
notice, or wilfully discharges, disciplines, refuses to hire
or otherwise penalizes an obligor as prohibited by subsection
(E), or otherwise fails to comply with any duties imposed by
this Section, the obligee, public office or obligor, as
appropriate, may file a complaint with the court against the
payor. The clerk of the circuit court shall notify the
obligee or public office, as appropriate, and the obligor and
payor of the time and place of the hearing on the complaint.
The court shall resolve any factual dispute including, but
not limited to, a denial that the payor is paying or has paid
income to the obligor. Upon a finding in favor of the
complaining party, the court:
(a) Shall enter judgment and direct the enforcement
thereof for the total amount that the payor wilfully
failed to withhold or pay over; and
(b) May order employment or reinstatement of or
restitution to the obligor, or both, where the obligor
has been discharged, disciplined, denied employment or
otherwise penalized by the payor and may impose a fine
upon the payor not to exceed $200.
(2) Any obligee, public office or obligor who wilfully
initiates a false proceeding under this Section or who
wilfully fails to comply with the requirements of this
Section shall be punished as in cases of contempt of court.
(I) Alternative Procedures for Service of an Income
Withholding Notice.
(1) The procedures of this subsection may be used in any
matter to serve an income withholding notice on a payor if:
(a) For any reason the most recent order for
support entered does not contain the income withholding
provisions required under subsection (B), irrespective of
whether a separate order for withholding was entered
prior to July 1, 1997; and
(b) The obligor has accrued a delinquency after
entry of the most recent order for support.
(2) The obligee or public office shall prepare and serve
the income withholding notice in accordance with the
provisions of subsection (C), except that the notice shall
contain a periodic amount for payment of the delinquency
equal to 20% of the total of the current support amount and
the amount to be paid periodically for payment of any
arrearage stated in the most recent order for support.
(3) If the obligor requests in writing that income
withholding become effective prior to the obligor accruing a
delinquency under the most recent order for support, the
obligee or public office may prepare and serve an income
withholding notice on the payor as provided in subsection
(B). In addition to filing proofs of service of the income
withholding notice on the payor and the obligor, the obligee
or public office shall file a copy of the obligor's written
request for income withholding with the Clerk of the Circuit
Court.
(4) All other provisions of this Section shall be
applicable with respect to the provisions of this subsection
(I).
(J) Remedies in Addition to Other Laws.
(1) The rights, remedies, duties and penalties created
by this Section are in addition to and not in substitution
for any other rights, remedies, duties and penalties created
by any other law.
(2) Nothing in this Section shall be construed as
invalidating any assignment of wages or benefits executed
prior to January 1, 1984 or any order for withholding served
prior to July 1, 1997.
(Source: P.A. 89-507, eff. 7-1-97; 90-18, eff. 7-1-97;
90-425, eff. 8-15-97; revised 9-29-97.)
(305 ILCS 5/10-17.1) (from Ch. 23, par. 10-17.1)
Sec. 10-17.1. Administrative Order by Registration. The
Illinois Department may provide by rule for the
administrative registration of a support order entered by a
court or administrative body of another this or any other
state. The purpose of registration shall be to enforce or
modify the order in accordance with the provisions of the
Uniform Interstate Family Support Act. Registration shall be
for the sole purpose of enforcing the registered order and
shall not confer jurisdiction on the Illinois Department for
any other purpose, including modification. Upon
registration, such support order shall become an
administrative order of the Child and Spouse Support Unit by
operation of law. The rule shall provide for notice to and
an opportunity to be heard by the responsible relative and
custodial parent affected, and any final administrative
decision rendered by the Department shall be reviewed only
under and in accordance with the Administrative Review Law.
Any new or existing support order registered by the
Illinois Department under this Section shall be deemed to be
a series of judgments against the person obligated to pay
support thereunder, each such judgment to be in the amount of
each payment or installment of support and each such judgment
to be deemed entered as of the date the corresponding payment
or installment becomes due under the terms of the support
order. Each such judgment shall be enforceable in the same
manner as any other judgment in this State. A lien arises by
operation of law against the real and personal property of
the noncustodial parent for each installment of overdue
support owed by the noncustodial parent.
A one-time charge of 20% is imposable upon the amount of
past-due child support owed on July 1, 1988, which has
accrued under a support order registered by the Illinois
Department under this Section. The charge shall be imposed
in accordance with the provisions of Section 10-21 and shall
be enforced by the court in a suit filed under Section 10-15.
(Source: P.A. 90-18, eff. 7-1-97.)
(305 ILCS 5/10-17.7)
Sec. 10-17.7. Administrative determination of paternity.
The Illinois Department may provide by rule for the
administrative determination of paternity by the Child and
Spouse Support Unit in cases involving applicants for or
recipients of financial aid under Article IV of this Act and
other persons who are given access to the child and spouse
support services of this Article as provided in Section 10-1,
including persons similarly situated and receiving similar
services in other states. The rules shall extend to cases in
which the mother and alleged father voluntarily acknowledge
paternity in the form required by the Illinois Department, or
agree to be bound by the results of genetic testing, or in
which the alleged father has failed to respond to a
notification of support obligation issued under Section 10-4,
and for purposes of the program provided for under Section
12-4.31 to cases of contested paternity involving only
applicants for or recipients of assistance under Articles IV,
V and VI of this Code. Any presumption provided for under
the Illinois Parentage Act of 1984 shall apply to cases in
which paternity is determined under the rules of the Illinois
Department. The rules shall provide for notice and an
opportunity to be heard by the responsible relative and the
person receiving child and spouse support services under this
Article affected if paternity is not voluntarily
acknowledged, and any final administrative decision rendered
by the Illinois Department shall be reviewed only under and
in accordance with the Administrative Review Law.
Determinations of paternity made by the Illinois Department
under the rules authorized by this Section shall have the
full force and effect of a court judgment of paternity
entered under the Illinois Parentage Act of 1984.
In determining paternity in contested cases, the Illinois
Department shall conduct the evidentiary hearing in
accordance with Section 11 of the Parentage Act of 1984,
except that references in that Section to "the court" shall
be deemed to mean the Illinois Department's hearing officer
in cases in which paternity is determined administratively by
the Illinois Department.
Notwithstanding any other provision of this Article, and
regarding only cases included in the program provided for
under Section 12-4.31 of this Code, a default determination
of paternity may be made if service of the notice under
Section 10-4 was made by publication under the rules for
administrative paternity determination authorized by this
Section. The rules as they pertain to service by publication
shall (i) be based on the provisions of Section 2-206 and
2-207 of the Code of Civil Procedure, (ii) provide for
service by publication in cases in which the whereabouts of
the alleged father are unknown after diligent location
efforts by the Child and Spouse Support Unit, and (iii)
provide for publication of a notice of default paternity
determination in the same manner that the notice under
Section 10-4 was published.
Notwithstanding the limitation on review of final
administrative decisions contained in the first paragraph of
this Section, a man administratively determined to be the
father of a child by default, if the notice under Section
10-4 was served by publication, may bring a petition in the
circuit court for relief from the administrative
determination of paternity on the same grounds provided for
relief from judgments under Section 2-1401 of the Code of
Civil Procedure. The petition must be filed not later than 2
years after notice of the default determination was published
in accordance with the rules of the Illinois Department.
Allegations in the petition made without reasonable cause and
found to be untrue shall subject the petitioner or his
attorney, or both, to the payment of reasonable costs and
attorney's fees incurred by the Illinois Department in
defending against the petition.
The Illinois Department may implement this Section
through the use of emergency rules in accordance with Section
5-45 of the Illinois Administrative Procedure Act. For
purposes of the Illinois Administrative Procedure Act, the
adoption of rules to implement this Section shall be
considered an emergency and necessary for the public
interest, safety, and welfare.
(Source: P.A. 88-687, eff. 1-24-95; 89-6, eff. 3-6-95;
89-641, eff. 8-9-96.)
(305 ILCS 5/10-27 new)
Sec. 10-27. State Case Registry.
(a) The Illinois Department shall establish an automated
State Case Registry to contain records concerning child
support orders for parties receiving child and spouse support
services under this Article X, and for all child support
orders entered or modified on or after October 1, 1998, and
pursuant to Sections 10-10 and 10-11 of this Code, and
pursuant to the Illinois Marriage and Dissolution of Marriage
Act, the Non-Support of Spouse and Children Act, the Uniform
Interstate Family Support Act, or the Illinois Parentage Act
of 1984.
(b) The Illinois Department shall maintain the following
information in the Registry for all cases described in
subsection (a):
(1) the names of the custodial and non-custodial
parents, and of the child or children covered by the
order;
(2) the dates of birth of the custodial and
non-custodial parents, and of the child or children
covered by the order;
(3) the social security numbers of the custodial
and non-custodial parents and, if available, of the child
or children covered by the order;
(4) the residential and mailing addresses for the
custodial and non-custodial parents;
(5) the telephone numbers for the custodial and
non-custodial parents;
(6) the driver's license numbers for the custodial
and non-custodial parents;
(7) the name, address, and telephone number of each
parent's employer or employers;
(8) the case identification number;
(9) the court docket number, if applicable; and
(10) any other information that may be required
under Title IV, Part D of the Social Security Act or
regulations promulgated thereunder.
(c) The Illinois Department shall maintain the following
payment information on child support orders for parties
receiving child and spouse support services under this
Article X:
(1) the amount of monthly or other periodic support
owed under the order and other amounts, including
arrearages, interest or late payment penalties, and fees,
due or overdue under the order;
(2) any amounts described in subdivision (1) of
subsection (d) that have been collected;
(3) the distribution of the collected amounts; and
(4) the amount of any lien imposed with respect to
the order pursuant to Section 10-25 or Section 10-25.5 of
this Code.
(d) The Illinois Department shall establish, update,
maintain, and monitor case records in the Registry of parties
receiving child and spouse support services under this
Article X, on the bases of:
(1) information on administrative actions and
administrative and judicial proceedings and orders
relating to paternity and support;
(2) information obtained from comparison with
federal, State, and local sources of information;
(3) information on support collections and
distribution; and
(4) any other relevant information.
(e) The Illinois Department shall use the automated
State Case Registry to share and compare information with,
and receive information from, other data bases and
information comparison services in order to obtain (or
provide) information necessary to enable the Illinois
Department (or the federal Department of Health and Human
Services or other State or federal agencies) to carry out the
requirements of the child support enforcement program
established under Title IV, Part D of the Social Security
Act. Such information comparison activities shall include
the following:
(1) Furnishing to the Federal Case Registry of
Child Support Orders (and updating as necessary, with
information including notice of expiration of orders) the
information specified by the federal Department of Health
and Human Services in regulations.
(2) Exchanging information with the Federal Parent
Locator Service for the purposes specified in Section 453
of the Social Security Act.
(3) Exchanging information with State agencies (of
this State and of other states) administering programs
funded under Title IV, Part A and Title XIX of the Social
Security Act and other programs designated by the federal
Department of Health and Human Services, as necessary to
perform responsibilities under Title IV, Part D of the
Social Security Act and under such other programs.
(4) Exchanging information with other agencies of
this State, agencies of other states, and interstate
information networks, as necessary and appropriate to
carry out (or assist other states to carry out) the
purposes of Title IV, Part D of the Social Security Act.
(f) The Illinois Department shall adopt rules
establishing safeguards, applicable to all confidential
information included in the State Case Registry, that are
designed to protect the privacy rights of persons concerning
whom information is on record in the State Case Registry.
Such safeguards shall include, but not be limited to the
following:
(1) Prohibitions against the release of information
on the whereabouts of one party or the child to another
party against whom a protective order with respect to the
former party or the child has been entered.
(2) Prohibitions against the release of information
on the whereabouts of one party or the child to another
party if the Illinois Department has reasonable evidence
of domestic violence or child abuse (that is, allegations
of domestic violence or child abuse, unless the Illinois
Department has an independent, reasonable basis to find
the person making the allegation not credible) to the
former party or child by the party requesting
information.
(3) Prohibitions against the release of information
on the whereabouts of one party or the child to another
person if the Illinois Department has reason to believe
the release of information to that person may result in
physical or emotional harm to the party or child.
(305 ILCS 5/10-22 rep.)
(305 ILCS 5/12-4.31 rep.)
Section 6. The Illinois Public Aid Code is amended by
repealing Sections 10-22 and 12-4.31.
Section 8. The Vital Records Act is amended by changing
Section 12 as follows:
(410 ILCS 535/12) (from Ch. 111 1/2, par. 73-12)
Sec. 12. Live births; place of registration.
(1) Each live birth which occurs in this State shall be
registered with the local or subregistrar of the district in
which the birth occurred as provided in this Section, within
7 days after the birth. When a birth occurs on a moving
conveyance, the city, village, township, or road district in
which the child is first removed from the conveyance shall be
considered the place of birth and a birth certificate shall
be filed in the registration district in which the place is
located.
(2) When a birth occurs in an institution, the person in
charge of the institution or his designated representative
shall obtain and record all the personal and statistical
particulars relative to the parents of the child that are
required to properly complete the live birth certificate;
shall secure the required personal signatures on the hospital
worksheet; shall prepare the certificate from this worksheet;
and shall file the certificate with the local registrar. The
institution shall retain the hospital worksheet permanently
or as otherwise specified by rule. The physician in
attendance shall verify or provide the date of birth and
medical information required by the certificate, within 24
hours after the birth occurs.
(3) When a birth occurs outside an institution, the
certificate shall be prepared and filed by one of the
following in the indicated order of priority:
(a) The physician in attendance at or immediately
after the birth, or in the absence of such a person,
(b) Any other person in attendance at or
immediately after the birth, or in the absence of such a
person,
(c) The father, the mother, or in the absence of
the father and the inability of the mother, the person in
charge of the premises where the birth occurred.
(4) Unless otherwise provided in this Act, if the mother
was not married to the father of the child at either the time
of conception or the time of birth, the name of the father
shall be entered on the child's birth certificate only if the
mother and the person to be named as the father have signed
an acknowledgment of parentage in accordance with subsection
(5).
Unless otherwise provided in this Act, if the mother was
married at the time of conception or birth and the presumed
father (that is, the mother's husband) is not the biological
father of the child, the name of the biological father shall
be entered on the child's birth certificate only if, in
accordance with subsection (5), (i) the mother and the person
to be named as the father have signed an acknowledgment of
parentage and (ii) the mother and presumed father have signed
a denial of paternity.
(5) Upon the birth of a child to an unmarried woman, or
upon the birth of a child to a woman who was married at the
time of conception or birth and whose husband is not the
biological father of the child, the institution at the time
of birth and the local registrar or county clerk after the
birth shall do the following:
(a) Provide (i) an opportunity for the child's
mother and father to sign an acknowledgment of parentage
and (ii) if the presumed father is not the biological
father, an opportunity for the mother and presumed father
to sign a denial of paternity. The signing and
witnessing of the acknowledgment of parentage or, if the
presumed father of the child is not the biological
father, the acknowledgment of parentage and denial of
paternity conclusively establishes a parent and child
relationship in accordance with Sections 5 and 6 of the
Illinois Parentage Act of 1984.
The Illinois Department of Public Aid shall furnish
the acknowledgment of parentage and denial of paternity
form to institutions, county clerks, and State and local
registrars' offices. The form shall include instructions
to send the original signed and witnessed acknowledgment
of parentage and denial of paternity to the Illinois
Department of Public Aid.
(b) Provide the following documents, furnished by
the Illinois Department of Public Aid, to the child's
mother, biological father, and (if the person presumed to
be the child's father is not the biological father)
presumed father for their review at the time the
opportunity is provided to establish a parent and child
relationship:
(i) An explanation of the implications of,
alternatives to, legal consequences of, and the
rights and responsibilities that arise from signing
an acknowledgment of parentage and, if necessary, a
denial of paternity, including an explanation of the
parental rights and responsibilities of child
support, visitation, custody, retroactive support,
health insurance coverage, and payment of birth
expenses.
(ii) An explanation of the benefits of having
a child's parentage established and the availability
of parentage establishment and support enforcement
services.
(iii) A request for an application for child
support services from the Illinois Department of
Public Aid.
(iv) Instructions concerning the opportunity
to speak, either by telephone or in person, with
staff of the Illinois Department of Public Aid who
are trained to clarify information and answer
questions about paternity establishment.
(v) Instructions for completing and signing
the acknowledgment of parentage and denial of
paternity.
(c) Provide an oral explanation of the documents
and instructions set forth in subdivision (5)(b),
including an explanation of the implications of,
alternatives to, legal consequences of, and the rights
and responsibilities that arise from signing an
acknowledgment of parentage and, if necessary, a denial
of paternity. The oral explanation may be given in
person or through the use of video or audio equipment.
(6) The institution, State or local registrar, or county
clerk shall provide an opportunity for the child's father or
mother to sign a rescission of parentage. The signing and
witnessing of the rescission of parentage voids the
acknowledgment of parentage and nullifies the presumption of
paternity if executed and filed with the Illinois Department
of Public Aid within the time frame contained in Section 5 of
the Illinois Parentage Act of 1984. The Illinois Department
of Public Aid shall furnish the rescission of parentage form
to institutions, county clerks, and State and local
registrars' offices. The form shall include instructions to
send the original signed and witnessed rescission of
parentage to the Illinois Department of Public Aid.
(7) An acknowledgment of paternity signed pursuant to
Section 6 of the Illinois Parentage Act of 1984 may be
challenged in court only on the basis of fraud, duress, or
material mistake of fact, with the burden of proof upon the
challenging party. Pending outcome of a challenge to the
acknowledgment of paternity, the legal responsibilities of
the signatories shall remain in full force and effect, except
upon order of the court upon a showing of good cause.
(8) When the process for acknowledgment of parentage as
provided for under subsection (5) establishes the paternity
of a child whose certificate of birth is on file in another
state, the Illinois Department of Public Aid shall forward a
copy of the acknowledgment of parentage, the denial of
paternity, if applicable, and the rescission of parentage, if
applicable, to the birth record agency of the state where the
child's certificate of birth is on file.
(Source: P.A. 89-641, eff. 8-9-96; 90-18, eff. 7-1-97)
Section 10. The Illinois Marriage and Dissolution of
Marriage Act is amended by changing Sections 507, 705, and
706.1 as follows:
(750 ILCS 5/507) (from Ch. 40, par. 507)
Sec. 507. Payment of maintenance or support to court.
(a) In actions instituted under this Act, the court
shall order that maintenance and support payments be made to
the clerk of court as trustee for remittance to the person
entitled to receive the payments. However, the court in its
discretion may direct otherwise where circumstances so
warrant.
In cases in which a party is receiving child and spouse
support services under Article X of the Illinois Public Aid
Code and the order for support provides that child support
payments be made to the obligee, the Illinois Department of
Public Aid may provide notice to the obligor and the
obligor's payor, when income withholding is in effect under
Section 706.1 of this Act, to make all payments after receipt
of the Department's notice to the clerk of the court until
further notice by the Department or order of the court.
Copies of the notice shall be provided to the obligee and the
clerk. The clerk's copy shall contain a proof of service on
the obligor and the obligor's payor, where applicable. The
clerk shall file the clerk's copy of the notice in the court
file. The notice to the obligor and the payor, if applicable,
may be sent by ordinary mail, certified mail, return receipt
requested, facsimile transmission, or other electronic
process, or may be served upon the obligor or payor using any
method provided by law for service of a summons. An obligor
who fails to comply with a notice provided under this
paragraph is guilty of a Class B misdemeanor. A payor who
fails to comply with a notice provided under this paragraph
is guilty of a business offense and subject to a fine of up
to $1,000.
Upon notification in writing or by electronic
transmission from the Illinois Department of Public Aid to
the clerk of the court that a person who is receiving support
payments under this Section is receiving services under the
Child Support Enforcement Program established by Title IV-D
of the Social Security Act, any support payments subsequently
received by the clerk of the court shall be transmitted in
accordance with the instructions of the Illinois Department
of Public Aid until the Department gives notice to the clerk
of the court to cease the transmittal. After providing the
notification authorized under this paragraph, the Illinois
Department of Public Aid shall be entitled as a party to
notice of any further proceedings in the case. The clerk of
the court shall file a copy of the Illinois Department of
Public Aid's notification in the court file. The failure of
the clerk to file a copy of the notification in the court
file shall not, however, affect the Illinois Department of
Public Aid's right to receive notice of further proceedings.
(b) The clerk of court shall maintain records listing
the amount of payments, the date payments are required to be
made and the names and addresses of the parties affected by
the order. For those cases in which support is payable to the
clerk of the circuit court for transmittal to the Illinois
Department of Public Aid by order of the court or upon
notification of the Illinois Department of Public Aid, and
the Illinois Department of Public Aid collects support by
assignment, offset, withholding, deduction or other process
permitted by law, the Illinois Department shall notify the
clerk of the date and amount of such collection. Upon
notification, the clerk shall record the collection on the
payment record for the case.
(c) The parties affected by the order shall inform the
clerk of court of any change of address or of other condition
that may affect the administration of the order.
(d) The provisions of this Section shall not apply to
cases that come under the provisions of Sections 709 through
712.
(Source: P.A. 90-18, eff. 7-1-97.)
(750 ILCS 5/705) (from Ch. 40, par. 705)
Sec. 705. Support payments; receiving and disbursing
agents.
(1) The provisions of this Section shall apply, except
as provided in Sections 709 through 712.
(2) In a dissolution of marriage action filed in a
county of less than 3 million population in which an order or
judgment for child support is entered, and in supplementary
proceedings in any such county to enforce or vary the terms
of such order or judgment arising out of an action for
dissolution of marriage filed in such county, the court,
except as it otherwise orders, under subsection (4) of this
Section, may direct that child support payments be made to
the clerk of the court.
(3) In a dissolution of marriage action filed in any
county of 3 million or more population in which an order or
judgment for child support is entered, and in supplementary
proceedings in any such county to enforce or vary the terms
of such order or judgment arising out of an action for
dissolution of marriage filed in such county, the court,
except as it otherwise orders under subsection (4) of this
Section, may direct that child support payments be made
either to the clerk of the court or to the Court Service
Division of the County Department of Public Aid. After the
effective date of this Act, the court, except as it otherwise
orders under subsection (4) of this Section, may direct that
child support payments be made either to the clerk of the
court or to the Illinois Department of Public Aid.
(4) In a dissolution of marriage action or supplementary
proceedings involving maintenance or child support payments,
or both, to persons who are recipients of aid under the
Illinois Public Aid Code, the court shall direct that such
payments be made to (a) the Illinois Department of Public Aid
if the persons are recipients under Articles III, IV, or V of
the Code, or (b) the local governmental unit responsible for
their support if they are recipients under Articles VI or VII
of the Code. In accordance with federal law and regulations,
the Illinois Department of Public Aid may continue to collect
current maintenance payments or child support payments, or
both, after those persons cease to receive public assistance
and until termination of services under Article X of the
Illinois Public Aid Code. The Illinois Department of Public
Aid shall pay the net amount collected to those persons after
deducting any costs incurred in making the collection or any
collection fee from the amount of any recovery made. The
order shall permit the Illinois Department of Public Aid or
the local governmental unit, as the case may be, to direct
that payments be made directly to the former spouse, the
children, or both, or to some person or agency in their
behalf, upon removal of the former spouse or children from
the public aid rolls or upon termination of services under
Article X of the Illinois Public Aid Code; and upon such
direction, the Illinois Department or local governmental
unit, as the case requires, shall give notice of such action
to the court in writing or by electronic transmission.
(5) All clerks of the court and the Court Service
Division of a County Department of Public Aid and, after the
effective date of this Act, all clerks of the court and the
Illinois Department of Public Aid, receiving child support
payments under subsections (2) and (3) of this Section shall
disburse the payments to the person or persons entitled
thereto under the terms of the order or judgment. They shall
establish and maintain current records of all moneys received
and disbursed and of defaults and delinquencies in required
payments. The court, by order or rule, shall make provision
for the carrying out of these duties.
In cases in which a party is receiving child and spouse
support services under Article X of the Illinois Public Aid
Code and the order for support provides that child support
payments be made to the obligee, the Illinois Department of
Public Aid may provide notice to the obligor and the
obligor's payor, when income withholding is in effect under
Section 706.1 of this Act, to make all payments after receipt
of the Department's notice to the clerk of the court until
further notice by the Department or order of the court.
Copies of the notice shall be provided to the obligee and the
clerk. The clerk's copy shall contain a proof of service on
the obligor and the obligor's payor, where applicable. The
clerk shall file the clerk's copy of the notice in the court
file. The notice to the obligor and the payor, if applicable,
may be sent by ordinary mail, certified mail, return receipt
requested, facsimile transmission, or other electronic
process, or may be served upon the obligor or payor using any
method provided by law for service of a summons. An obligor
who fails to comply with a notice provided under this
paragraph is guilty of a Class B misdemeanor. A payor who
fails to comply with a notice provided under this paragraph
is guilty of a business offense and subject to a fine of up
to $1,000.
Upon notification in writing or by electronic
transmission from the Illinois Department of Public Aid to
the clerk of the court that a person who is receiving support
payments under this Section is receiving services under the
Child Support Enforcement Program established by Title IV-D
of the Social Security Act, any support payments subsequently
received by the clerk of the court shall be transmitted in
accordance with the instructions of the Illinois Department
of Public Aid until the Department gives notice to the clerk
of the court to cease the transmittal. After providing the
notification authorized under this paragraph, the Illinois
Department of Public Aid shall be entitled as a party to
notice of any further proceedings in the case. The clerk of
the court shall file a copy of the Illinois Department of
Public Aid's notification in the court file. The failure of
the clerk to file a copy of the notification in the court
file shall not, however, affect the Illinois Department of
Public Aid's right to receive notice of further proceedings.
Payments under this Section to the Illinois Department of
Public Aid pursuant to the Child Support Enforcement Program
established by Title IV-D of the Social Security Act shall be
paid into the Child Support Enforcement Trust Fund. All other
payments under this Section to the Illinois Department of
Public Aid shall be deposited in the Public Assistance
Recoveries Trust Fund. Disbursements from these funds shall
be as provided in the Illinois Public Aid Code. Payments
received by a local governmental unit shall be deposited in
that unit's General Assistance Fund. Any order of court
directing payment of child support to a clerk of court or the
Court Service Division of a County Department of Public Aid,
which order has been entered on or after August 14, 1961, and
prior to the effective date of this Act, may be amended by
the court in line with this Act; and orders involving
payments of maintenance or child support to recipients of
public aid may in like manner be amended to conform to this
Act.
(6) No filing fee or costs will be required in any
action brought at the request of the Illinois Department of
Public Aid in any proceeding under this Act. However, any
such fees or costs may be assessed by the court against the
respondent in the court's order of support or any
modification thereof in a proceeding under this Act.
(7) For those cases in which child support is payable to
the clerk of the circuit court for transmittal to the
Illinois Department of Public Aid by order of court or upon
notification by the Illinois Department of Public Aid, the
clerk shall transmit all such payments, within 4 working days
of receipt, to insure that funds are available for immediate
distribution by the Department to the person or entity
entitled thereto in accordance with standards of the Child
Support Enforcement Program established under Title IV-D of
the Social Security Act. The clerk shall notify the
Department of the date of receipt and amount thereof at the
time of transmittal. Where the clerk has entered into an
agreement of cooperation with the Department to record the
terms of child support orders and payments made thereunder
directly into the Department's automated data processing
system, the clerk shall account for, transmit and otherwise
distribute child support payments in accordance with such
agreement in lieu of the requirements contained herein.
In any action filed in a county with a population of
1,000,000 or less, the court shall assess against the
respondent in any order of maintenance or child support any
sum up to $36 annually authorized by ordinance of the county
board to be collected by the clerk of the court as costs for
administering the collection and disbursement of maintenance
and child support payments. Such sum shall be in addition to
and separate from amounts ordered to be paid as maintenance
or child support.
(Source: P.A. 90-18, eff. 7-1-97.)
(750 ILCS 5/706.1) (from Ch. 40, par. 706.1)
Sec. 706.1. Withholding of Income to Secure Payment of
Support.
(A) Definitions.
(1) "Order for support" means any order of the court
which provides for periodic payment of funds for the support
of a child or maintenance of a spouse, whether temporary or
final, and includes any such order which provides for:
(a) Modification or resumption of, or payment of
arrearage accrued under, a previously existing order;
(b) Reimbursement of support; or
(c) Enrollment in a health insurance plan that is
available to the obligor through an employer or labor
union or trade union.
(2) "Arrearage" means the total amount of unpaid support
obligations as determined by the court and incorporated into
an order for support.
(2.5) "Business day" means a day on which State offices
are open for regular business.
(3) "Delinquency" means any payment under an order for
support which becomes due and remains unpaid after entry of
the order for support.
(4) "Income" means any form of periodic payment to an
individual, regardless of source, including, but not limited
to: wages, salary, commission, compensation as an independent
contractor, workers' compensation, disability, annuity,
pension, and retirement benefits, lottery prize awards,
insurance proceeds, vacation pay, bonuses, profit-sharing
payments, interest, and any other payments, made by any
person, private entity, federal or state government, any unit
of local government, school district or any entity created by
Public Act; however, "income" excludes:
(a) Any amounts required by law to be withheld,
other than creditor claims, including, but not limited
to, federal, State and local taxes, Social Security and
other retirement and disability contributions;
(b) Union dues;
(c) Any amounts exempted by the federal Consumer
Credit Protection Act;
(d) Public assistance payments; and
(e) Unemployment insurance benefits except as
provided by law.
Any other State or local laws which limit or exempt
income or the amount or percentage of income that can be
withheld shall not apply.
(5) "Obligor" means the individual who owes a duty to
make payments under an order for support.
(6) "Obligee" means the individual to whom a duty of
support is owed or the individual's legal representative.
(7) "Payor" means any payor of income to an obligor.
(8) "Public office" means any elected official or any
State or local agency which is or may become responsible by
law for enforcement of, or which is or may become authorized
to enforce, an order for support, including, but not limited
to: the Attorney General, the Illinois Department of Public
Aid, the Illinois Department of Human Services, the Illinois
Department of Children and Family Services, and the various
State's Attorneys, Clerks of the Circuit Court and
supervisors of general assistance.
(9) "Premium" means the dollar amount for which the
obligor is liable to his employer or labor union or trade
union and which must be paid to enroll or maintain a child in
a health insurance plan that is available to the obligor
through an employer or labor union or trade union.
(B) Entry of Order for Support Containing Income Withholding
Provisions; Income Withholding Notice.
(1) In addition to any content required under other
laws, every order for support entered on or after July 1,
1997, shall:
(a) Require an income withholding notice to be
prepared and served immediately upon any payor of the
obligor by the obligee or public office, unless a written
agreement is reached between and signed by both parties
providing for an alternative arrangement, approved and
entered into the record by the court, which ensures
payment of support. In that case, the order for support
shall provide that an income withholding notice is to be
prepared and served only if the obligor becomes
delinquent in paying the order for support; and
(b) Contain a dollar amount to be paid until
payment in full of any delinquency that accrues after
entry of the order for support. The amount for payment
of delinquency shall not be less than 20% of the total of
the current support amount and the amount to be paid
periodically for payment of any arrearage stated in the
order for support; and
(c) Include the obligor's Social Security Number,
which the obligor shall disclose to the court. If the
obligor is not a United States citizen, the obligor shall
disclose to the court, and the court shall include in the
order for support, the obligor's alien registration
number, passport number, and home country's social
security or national health number, if applicable.
(2) At the time the order for support is entered, the
Clerk of the Circuit Court shall provide a copy of the order
to the obligor and shall make copies available to the obligee
and public office.
(3) The income withholding notice shall:
(a) Be in the standard format prescribed by the
federal Department of Health and Human Services; and
(a-5) State the date of entry of the order for
support upon which the income withholding notice is
based; and
(b) Direct any payor to withhold the dollar amount
required for current support under the order for support;
and
(c) Direct any payor to withhold the dollar amount
required to be paid periodically under the order for
support for payment of the amount of any arrearage stated
in the order for support; and
(d) Direct any payor or labor union or trade union
to enroll a child as a beneficiary of a health insurance
plan and withhold or cause to be withheld, if applicable,
any required premiums; and
(e) State the amount of the payor income
withholding fee specified under this Section; and
(f) State that the amount actually withheld from
the obligor's income for support and other purposes,
including the payor withholding fee specified under this
Section, may not be in excess of the maximum amount
permitted under the federal Consumer Credit Protection
Act; and
(g) State the duties of the payor and the fines and
penalties for failure to withhold and pay over income and
for discharging, disciplining, refusing to hire, or
otherwise penalizing the obligor because of the duty to
withhold and pay over income under this Section; and
(h) State the rights, remedies, and duties of the
obligor under this Section; and
(i) Include the obligor's Social Security Number;
and
(j) Include the date that withholding for current
support terminates, which shall be the date of
termination of the current support obligation set forth
in the order for support; and.
(k) Contain the signature of the obligee or the
printed name and telephone number of the authorized
representative of the public office, except that the
failure to contain the signature of the obligee or the
printed name and telephone number of the authorized
representative of the public office shall not affect the
validity of the income withholding notice.
(4) The accrual of a delinquency as a condition for
service of an income withholding notice, under the exception
to immediate withholding in paragraph (1) of this subsection,
shall apply only to the initial service of an income
withholding notice on a payor of the obligor.
(5) Notwithstanding the exception to immediate
withholding contained in paragraph (1) of this subsection, if
the court finds at the time of any hearing that an arrearage
has accrued, the court shall order immediate service of an
income withholding notice upon the payor.
(6) If the order for support, under the exception to
immediate withholding contained in paragraph (1) of this
subsection, provides that an income withholding notice is to
be prepared and served only if the obligor becomes delinquent
in paying the order for support, the obligor may execute a
written waiver of that condition and request immediate
service on the payor.
(7) The obligee or public office may serve the income
withholding notice on the payor or its superintendent,
manager, or other agent by ordinary mail or certified mail
return receipt requested, by facsimile transmission or other
electronic means, by personal delivery, or by any method
provided by law for service of a summons. At the time of
service on the payor and as notice that withholding has
commenced, the obligee or public office shall serve a copy of
the income withholding notice on the obligor by ordinary mail
addressed to his or her last known address. A copy of the
income withholding notice together with proofs of service on
the payor and the obligor shall be filed with the Clerk of
the Circuit Court.
(8) At any time after the initial service of an income
withholding notice under this Section, any other payor of the
obligor may be served with the same income withholding notice
without further notice to the obligor. A copy of the income
withholding notice together with a proof of service on the
other payor shall be filed with the Clerk of the Circuit
Court.
(9) (4) New service of an income order for withholding
notice is not required in order to resume withholding of
income in the case of an obligor with respect to whom an
income order for withholding notice was previously served on
the payor if withholding of income was terminated because of
an interruption in the obligor's employment of less than 180
days.
(C) Income Withholding After Accrual of Delinquency.
(1) Whenever an obligor accrues a delinquency, the
obligee or public office may prepare and serve upon the
obligor's payor an income withholding notice that:
(a) Contains the information required under
paragraph (3) of subsection (B); and
(b) Contains a computation of the period and total
amount of the delinquency as of the date of the notice;
and
(c) Directs the payor to withhold the dollar amount
required to be withheld periodically under the order for
support for payment of the delinquency.
(2) The income withholding notice and the obligor's copy
of the income withholding notice shall be served as provided
in paragraph (7) of subsection (B).
(3) The obligor may contest withholding commenced under
this subsection by filing a petition to contest withholding
with the Clerk of the Circuit Court within 20 days after
service of a copy of the income withholding notice on the
obligor. However, the grounds for the petition to contest
withholding shall be limited to:
(a) A dispute concerning the existence or amount of
the delinquency; or
(b) The identity of the obligor.
The Clerk of the Circuit Court shall notify the obligor
and the obligee or public office of the time and place of the
hearing on the petition to contest withholding. The court
shall hold the hearing pursuant to the provisions of
subsection (F).
(D) Initiated Withholding.
(1) Notwithstanding any other provision of this Section,
if the court has not required that income withholding take
effect immediately, the obligee or public office may initiate
withholding, regardless of whether a delinquency has accrued,
by preparing and serving an income withholding notice on the
payor that contains the information required under paragraph
(3) of subsection (B) and states that the parties' written
agreement providing an alternative arrangement to immediate
withholding under paragraph (1) of subsection (B) no longer
ensures payment of support due and the reason or reasons why
it does not.
(2) The income withholding notice and the obligor's copy
of the income withholding notice shall be served as provided
in paragraph (7) of subsection (B).
(3) The obligor may contest withholding commenced under
this subsection by filing a petition to contest withholding
with the Clerk of the Circuit Court within 20 days after
service of a copy of the income withholding notice on the
obligor. However, the grounds for the petition shall be
limited to a dispute concerning:
(a) whether the parties' written agreement providing
an alternative arrangement to immediate withholding under
paragraph (1) of subsection (B) continues to ensure
payment of support; or
(b) the identity of the obligor.
It shall not be grounds for filing a petition that the
obligor has made all payments due by the date of the
petition.
(4) If the obligor files a petition contesting
withholding within the 20-day period required under paragraph
(3), the Clerk of the Circuit Court shall notify the obligor
and the obligee or public office, as appropriate, of the time
and place of the hearing on the petition. The court shall
hold the hearing pursuant to the provisions of subsection
(F). regular or facsimile regular or facsimile
(E) Duties of Payor.
(1) It shall be the duty of any payor who has been
served with an income withholding notice to deduct and pay
over income as provided in this subsection. The payor shall
deduct the amount designated in the income withholding
notice, as supplemented by any notice provided pursuant to
paragraph (6) of subsection (G), beginning no later than the
next payment of income which is payable or creditable to the
obligor that occurs 14 days following the date the income
withholding notice was mailed, sent by facsimile or other
electronic means, or placed for personal delivery to or
service on the payor. The payor may combine all amounts
withheld for the benefit of an obligee or public office into
a single payment and transmit the payment with a listing of
obligors from whom withholding has been effected. The payor
shall pay the amount withheld to the obligee or public office
within 7 business days after the date the amount would (but
for the duty to withhold income) have been paid or credited
to the obligor. If the payor knowingly fails to pay any
amount withheld to the obligee or public office within 7
business days after the date the amount would have been paid
or credited to the obligor, the payor shall pay a penalty of
$100 for each day that the withheld amount is not paid to the
obligee or public office after the period of 7 business days
has expired. The failure of a payor, on more than one
occasion, to pay amounts withheld to the obligee or public
office within 7 business days after the date the amount would
have been paid or credited to the obligor creates a
presumption that the payor knowingly failed to pay over the
amounts. This penalty may be collected in a civil action
which may be brought against the payor in favor of the
obligee or public office. A finding of a payor's
nonperformance within the time required under this Section
must be documented by a certified mail return receipt showing
the date the income order for withholding notice was served
on the payor. For purposes of this Section, a withheld amount
shall be considered paid by a payor on the date it is mailed
by the payor, or on the date an electronic funds transfer of
the amount has been initiated by the payor, or on the date
delivery of the amount has been initiated by the payor. For
each deduction, the payor shall provide the obligee or public
office, at the time of transmittal, with the date the amount
would (but for the duty to withhold income) have been paid or
credited to the obligor.
Upon receipt of an income withholding notice requiring
that a minor child be named as a beneficiary of a health
insurance plan available through an employer or labor union
or trade union, the employer or labor union or trade union
shall immediately enroll the minor child as a beneficiary in
the health insurance plan designated by the income
withholding notice. The employer shall withhold any required
premiums and pay over any amounts so withheld and any
additional amounts the employer pays to the insurance carrier
in a timely manner. The employer or labor union or trade
union shall mail to the obligee, within 15 days of enrollment
or upon request, notice of the date of coverage, information
on the dependent coverage plan, and all forms necessary to
obtain reimbursement for covered health expenses, such as
would be made available to a new employee. When an order for
dependent coverage is in effect and the insurance coverage is
terminated or changed for any reason, the employer or labor
union or trade union shall notify the obligee within 10 days
of the termination or change date along with notice of
conversion privileges.
For withholding of income, the payor shall be entitled to
receive a fee not to exceed $5 per month to be taken from the
income to be paid to the obligor.
(2) Whenever the obligor is no longer receiving income
from the payor, the payor shall return a copy of the income
withholding notice to the obligee or public office and shall
provide information for the purpose of enforcing this
Section.
(3) Withholding of income under this Section shall be
made without regard to any prior or subsequent garnishments,
attachments, wage assignments, or any other claims of
creditors. Withholding of income under this Section shall
not be in excess of the maximum amounts permitted under the
federal Consumer Credit Protection Act. If the payor has been
served with more than one income withholding notice
pertaining to the same obligor, the payor shall allocate
income available for withholding on a proportionate share
basis, giving priority to current support payments. If there
is any income available for withholding after withholding for
all current support obligations, the payor shall allocate the
income to past due support payments ordered in cases in which
cash assistance under the Illinois Public Aid Code is not
being provided to the obligee and then to past due support
payments ordered in cases in which cash assistance under the
Illinois Public Aid Code is being provided to the obligee,
both on a proportionate share basis. A payor who complies
with an income withholding notice that is regular on its face
shall not be subject to civil liability with respect to any
individual, any agency, or any creditor of the obligor for
conduct in compliance with the notice.
(4) No payor shall discharge, discipline, refuse to hire
or otherwise penalize any obligor because of the duty to
withhold income.
(F) Petitions to Contest Withholding or to Modify, Suspend,
Terminate, or Correct Income Withholding Notices.
(1) When an obligor files a petition to contest
withholding, the court, after due notice to all parties,
shall hear the matter as soon as practicable and shall enter
an order granting or denying relief, ordering service of an
amended income withholding notice, where applicable, or
otherwise resolving the matter.
The court shall deny the obligor's petition if the court
finds that when the income withholding notice was mailed,
sent by facsimile transmission or other electronic means, or
placed for personal delivery to or service on the payor:
(a) A delinquency existed; or
(b) The parties' written agreement providing an
alternative arrangement to immediate withholding under
paragraph (1) of subsection (B) no longer ensured payment
of support.
(2) At any time, an obligor, obligee, public office or
Clerk of the Circuit Court may petition the court to:
(a) Modify, suspend or terminate the income
withholding notice because of a modification, suspension
or termination of the underlying order for support; or
(b) Modify the amount of income to be withheld to
reflect payment in full or in part of the delinquency or
arrearage by income withholding or otherwise; or
(c) Suspend the income withholding notice because
of inability to deliver income withheld to the obligee
due to the obligee's failure to provide a mailing address
or other means of delivery.
(3) At any time an obligor may petition the court to
correct a term contained in an income withholding notice to
conform to that stated in the underlying order for support
for:
(a) The amount of current support;
(b) The amount of the arrearage;
(c) The periodic amount for payment of the
arrearage; or
(d) The periodic amount for payment of the
delinquency.
(4) The obligor, obligee or public office shall serve on
the payor, in the manner provided for service of income
withholding notices in paragraph (7) of subsection (B), a
copy of any order entered pursuant to this subsection that
affects the duties of the payor.
(5) At any time, a public office or Clerk of the Circuit
Court may serve a notice on the payor to:
(a) Cease withholding of income for payment of
current support for a child when the support obligation
for that child has automatically ceased under the order
for support through emancipation or otherwise; or
(b) Cease withholding of income for payment of
delinquency or arrearage when the delinquency or
arrearage has been paid in full.
(6) The notice provided for under paragraph (5) of this
subsection shall be served on the payor in the manner
provided for service of income withholding notices in
paragraph (7) of subsection (B), and a copy shall be provided
to the obligor and the obligee.
(7) The income withholding notice shall continue to be
binding upon the payor until service of an amended income
withholding notice or any order of the court or notice
entered or provided for under this subsection.
(G) Additional Duties.
(1) An obligee who is receiving income withholding
payments under this Section shall notify the payor, if the
obligee receives the payments directly from the payor, or the
public office or the Clerk of the Circuit Court, as
appropriate, of any change of address within 7 days of such
change.
(2) An obligee who is a recipient of public aid shall
send a copy of any notice served by the obligee to the
Division of Child Support Enforcement of the Illinois
Department of Public Aid.
(3) Each obligor shall notify the obligee, the public
office, and the Clerk of the Circuit Court of any change of
address within 7 days.
(4) An obligor whose income is being withheld or who has
been served with a notice of delinquency pursuant to this
Section shall notify the obligee, the public office, and the
Clerk of the Circuit Court of any new payor, within 7 days.
(5) When the Illinois Department of Public Aid is no
longer authorized to receive payments for the obligee, it
shall, within 7 days, notify the payor or, where appropriate,
the Clerk of the Circuit Court, to redirect income
withholding payments to the obligee.
(6) The obligee or public office shall provide notice to
the payor and Clerk of the Circuit Court of any other support
payment made, including but not limited to, a set-off under
federal and State law or partial payment of the delinquency
or arrearage, or both.
(7) Any public office and Clerk of the Circuit Court
which collects, disburses or receives payments pursuant to
income withholding notices shall maintain complete, accurate,
and clear records of all payments and their disbursements.
Certified copies of payment records maintained by a public
office or Clerk of the Circuit Court shall, without further
proof, be admitted into evidence in any legal proceedings
under this Section.
(8) The Illinois Department of Public Aid shall design
suggested legal forms for proceeding under this Section and
shall make available to the courts such forms and
informational materials which describe the procedures and
remedies set forth herein for distribution to all parties in
support actions.
(9) At the time of transmitting each support payment,
the clerk of the circuit court shall provide the obligee or
public office, as appropriate, with any information furnished
by the payor as to the date the amount would (but for the
duty to withhold income) have been paid or credited to the
obligor.
(H) Penalties.
(1) Where a payor wilfully fails to withhold or pay over
income pursuant to a properly served income withholding
notice, or wilfully discharges, disciplines, refuses to hire
or otherwise penalizes an obligor as prohibited by subsection
(E), or otherwise fails to comply with any duties imposed by
this Section, the obligee, public office or obligor, as
appropriate, may file a complaint with the court against the
payor. The clerk of the circuit court shall notify the
obligee or public office, as appropriate, and the obligor and
payor of the time and place of the hearing on the complaint.
The court shall resolve any factual dispute including, but
not limited to, a denial that the payor is paying or has paid
income to the obligor. Upon a finding in favor of the
complaining party, the court:
(a) Shall enter judgment and direct the enforcement
thereof for the total amount that the payor wilfully
failed to withhold or pay over; and
(b) May order employment or reinstatement of or
restitution to the obligor, or both, where the obligor
has been discharged, disciplined, denied employment or
otherwise penalized by the payor and may impose a fine
upon the payor not to exceed $200.
(2) Any obligee, public office or obligor who wilfully
initiates a false proceeding under this Section or who
wilfully fails to comply with the requirements of this
Section shall be punished as in cases of contempt of court.
(I) Alternative Procedures for Service of an Income
Withholding Notice.
(1) The procedures of this subsection may be used in any
matter to serve an income withholding notice on a payor if:
(a) For any reason the most recent order for
support entered does not contain the income withholding
provisions required under subsection (B), irrespective of
whether a separate order for withholding was entered
prior to July 1, 1997; and
(b) The obligor has accrued a delinquency after
entry of the most recent order for support.
(2) The obligee or public office shall prepare and serve
the income withholding notice in accordance with the
provisions of subsection (C), except that the notice shall
contain a periodic amount for payment of the delinquency
equal to 20% of the total of the current support amount and
the amount to be paid periodically for payment of any
arrearage stated in the most recent order for support.
(3) If the obligor requests in writing that income
withholding become effective prior to the obligor accruing a
delinquency under the most recent order for support, the
obligee or public office may prepare and serve an income
withholding notice on the payor as provided in subsection
(B). In addition to filing proofs of service of the income
withholding notice on the payor and the obligor, the obligee
or public office shall file a copy of the obligor's written
request for income withholding with the Clerk of the Circuit
Court.
(4) All other provisions of this Section shall be
applicable with respect to the provisions of this subsection
(I).
(J) Remedies in Addition to Other Laws.
(1) The rights, remedies, duties and penalties created
by this Section are in addition to and not in substitution
for any other rights, remedies, duties and penalties created
by any other law.
(2) Nothing in this Section shall be construed as
invalidating any assignment of wages or benefits executed
prior to January 1, 1984 or any order for withholding served
prior to July 1, 1997.
(Source: P.A. 89-507, eff. 7-1-97; 90-18, eff. 7-1-97;
90-425, eff. 8-15-97; revised 9-29-97.)
Section 15. The Non-Support of Spouse and Children Act
is amended by changing Sections 2.1 and 4.1 as follows:
(750 ILCS 15/2.1) (from Ch. 40, par. 1105)
Sec. 2.1. Support payments; receiving and disbursing
agents.
(1) In actions instituted under this Act on and after
August 14, 1961, involving a minor child or children, the
Court, except in actions instituted on or after August 26,
1969, in which the support payments are in behalf of a
recipient of aid under the Illinois Public Aid Code, shall
direct that moneys ordered to be paid for support under
Sections 3 and 4 of this Act shall be paid to the clerk of
the court in counties of less than 3 million population, and
in counties of 3 million or more population, to the clerk or
probation officer of the court or to the Court Service
Division of the County Department of Public Aid. After the
effective date of this amendatory Act of 1975, the court
shall direct that such support moneys be paid to the clerk or
probation officer or the Illinois Department of Public Aid.
However, the court in its discretion may direct otherwise
where exceptional circumstances so warrant. If payment is to
be made to persons other than the clerk or probation officer,
the Court Service Division of the County Department of Public
Aid, or the Illinois Department of Public Aid, the judgment
or order of support shall set forth the facts of the
exceptional circumstances.
(2) In actions instituted after August 26, 1969, where
the support payments are in behalf of spouses, children, or
both, who are recipients of aid under the Illinois Public Aid
Code, the court shall order the payments to be made directly
to (1) the Illinois Department of Public Aid if the person is
a recipient under Articles III, IV or V of the Code, or (2)
to the local governmental unit responsible for the support of
the person if he or she is a recipient under Articles VI or
VII of the Code. In accordance with federal law and
regulations, the Illinois Department of Public Aid may
continue to collect current maintenance payments or child
support payments, or both, after those persons cease to
receive public assistance and until termination of services
under Article X of the Illinois Public Aid Code. The
Illinois Department of Public Aid shall pay the net amount
collected to those persons after deducting any costs incurred
in making the collection or any collection fee from the
amount of any recovery made. The order shall permit the
Illinois Department of Public Aid or the local governmental
unit, as the case may be, to direct that support payments be
made directly to the spouse, children, or both, or to some
person or agency in their behalf, upon removal of the spouse
or children from the public aid rolls or upon termination of
services under Article X of the Illinois Public Aid Code; and
upon such direction, the Illinois Department or the local
governmental unit, as the case requires, shall give notice of
such action to the court in writing or by electronic
transmission.
(3) The clerks, probation officers, and the Court
Service Division of the County Department of Public Aid in
counties of 3 million or more population, and, after the
effective date of this amendatory Act of 1975, the clerks,
probation officers, and the Illinois Department of Public
Aid, shall disburse moneys paid to them to the person or
persons entitled thereto under the order of the Court. They
shall establish and maintain current records of all moneys
received and disbursed and of delinquencies and defaults in
required payments. The Court, by order or rule, shall make
provision for the carrying out of these duties.
In cases in which a party is receiving child and spouse
support services under Article X of the Illinois Public Aid
Code and the order for support provides that child support
payments be made to the obligee, the Illinois Department of
Public Aid may provide notice to the obligor and the
obligor's payor, when income withholding is in effect under
Section 4.1 of this Act, to make all payments after receipt
of the Department's notice to the clerk of the court until
further notice by the Department or order of the court.
Copies of the notice shall be provided to the obligee and the
clerk. The clerk's copy shall contain a proof of service on
the obligor and the obligor's payor, where applicable. The
clerk shall file the clerk's copy of the notice in the court
file. The notice to the obligor and the payor, if applicable,
may be sent by ordinary mail, certified mail, return receipt
requested, facsimile transmission, or other electronic
process, or may be served upon the obligor or payor using any
method provided by law for service of a summons. An obligor
who fails to comply with a notice provided under this
paragraph is guilty of a Class B misdemeanor. A payor who
fails to comply with a notice provided under this paragraph
is guilty of a business offense and subject to a fine of up
to $1,000.
Upon notification in writing or by electronic
transmission from the Illinois Department of Public Aid to
the clerk of the court that a person who is receiving support
payments under this Section is receiving services under the
Child Support Enforcement Program established by Title IV-D
of the Social Security Act, any support payments subsequently
received by the clerk of the court shall be transmitted in
accordance with the instructions of the Illinois Department
of Public Aid until the Department gives notice to cease the
transmittal. After providing the notification authorized
under this paragraph, the Illinois Department of Public Aid
shall be entitled as a party to notice of any further
proceedings in the case. The clerk of the court shall file a
copy of the Illinois Department of Public Aid's notification
in the court file. The failure of the clerk to file a copy
of the notification in the court file shall not, however,
affect the Illinois Department of Public Aid's right to
receive notice of further proceedings.
(4) Payments under this Section to the Illinois
Department of Public Aid pursuant to the Child Support
Enforcement Program established by Title IV-D of the Social
Security Act shall be paid into the Child Support Enforcement
Trust Fund. All other payments under this Section to the
Illinois Department of Public Aid shall be deposited in the
Public Assistance Recoveries Trust Fund. Disbursements from
these funds shall be as provided in the Illinois Public Aid
Code. Payments received by a local governmental unit shall be
deposited in that unit's General Assistance Fund.
(5) Orders and assignments entered or executed prior to
the Act approved August 14, 1961 shall not be affected
thereby. Employers served with wage assignments executed
prior to that date shall comply with the terms thereof.
However, the Court, on petition of the state's attorney, or
of the Illinois Department of Public Aid or local
governmental unit in respect to recipients of public aid, may
order the execution of new assignments and enter new orders
designating the clerk, probation officer, or the Illinois
Department of Public Aid or appropriate local governmental
unit in respect to payments in behalf of recipients of public
aid, as the person or agency authorized to receive and
disburse the salary or wages assigned. On like petition the
Court may enter new orders designating such officers,
agencies or governmental units to receive and disburse the
payments ordered under Section 4.
(6) For those cases in which child support is payable to
the clerk of the circuit court for transmittal to the
Illinois Department of Public Aid by order of court or upon
notification by the Illinois Department of Public Aid, the
clerk shall transmit all such payments, within 4 working days
of receipt, to insure that funds are available for immediate
distribution by the Department to the person or entity
entitled thereto in accordance with standards of the Child
Support Enforcement Program established under Title IV-D of
the Social Security Act. The clerk shall notify the
Department of the date of receipt and amount thereof at the
time of transmittal. Where the clerk has entered into an
agreement of cooperation with the Department to record the
terms of child support orders and payments made thereunder
directly into the Department's automated data processing
system, the clerk shall account for, transmit and otherwise
distribute child support payments in accordance with such
agreement in lieu of the requirements contained herein.
(Source: P.A. 90-18, eff. 7-1-97.)
(750 ILCS 15/4.1) (from Ch. 40, par. 1107.1)
Sec. 4.1. Withholding of Income to Secure Payment of
Support.
(A) Definitions.
(1) "Order for support" means any order of the court
which provides for periodic payment of funds for the support
of a child or maintenance of a spouse, whether temporary or
final, and includes any such order which provides for:
(a) Modification or resumption of, or payment of
arrearage accrued under, a previously existing order;
(b) Reimbursement of support; or
(c) Enrollment in a health insurance plan that is
available to the obligor through an employer or labor
union or trade union.
(2) "Arrearage" means the total amount of unpaid support
obligations as determined by the court and incorporated into
an order for support.
(2.5) "Business day" means a day on which State offices
are open for regular business.
(3) "Delinquency" means any payment under an order for
support which becomes due and remains unpaid after entry of
the order for support.
(4) "Income" means any form of periodic payment to an
individual, regardless of source, including, but not limited
to: wages, salary, commission, compensation as an independent
contractor, workers' compensation, disability, annuity,
pension, and retirement benefits, lottery prize awards,
insurance proceeds, vacation pay, bonuses, profit-sharing
payments, interest, and any other payments, made by any
person, private entity, federal or state government, any unit
of local government, school district or any entity created by
Public Act; however, "income" excludes:
(a) Any amounts required by law to be withheld,
other than creditor claims, including, but not limited
to, federal, State and local taxes, Social Security and
other retirement and disability contributions;
(b) Union dues;
(c) Any amounts exempted by the federal Consumer
Credit Protection Act;
(d) Public assistance payments; and
(e) Unemployment insurance benefits except as
provided by law.
Any other State or local laws which limit or exempt
income or the amount or percentage of income that can be
withheld shall not apply.
(5) "Obligor" means the individual who owes a duty to
make payments under an order for support.
(6) "Obligee" means the individual to whom a duty of
support is owed or the individual's legal representative.
(7) "Payor" means any payor of income to an obligor.
(8) "Public office" means any elected official or any
State or local agency which is or may become responsible by
law for enforcement of, or which is or may become authorized
to enforce, an order for support, including, but not limited
to: the Attorney General, the Illinois Department of Public
Aid, the Illinois Department of Human Services, the Illinois
Department of Children and Family Services, and the various
State's Attorneys, Clerks of the Circuit Court and
supervisors of general assistance.
(9) "Premium" means the dollar amount for which the
obligor is liable to his employer or labor union or trade
union and which must be paid to enroll or maintain a child in
a health insurance plan that is available to the obligor
through an employer or labor union or trade union.
(B) Entry of Order for Support Containing Income Withholding
Provisions; Income Withholding Notice.
(1) In addition to any content required under other
laws, every order for support entered on or after July 1,
1997, shall:
(a) Require an income withholding notice to be
prepared and served immediately upon any payor of the
obligor by the obligee or public office, unless a written
agreement is reached between and signed by both parties
providing for an alternative arrangement, approved and
entered into the record by the court, which ensures
payment of support. In that case, the order for support
shall provide that an income withholding notice is to be
prepared and served only if the obligor becomes
delinquent in paying the order for support; and
(b) Contain a dollar amount to be paid until
payment in full of any delinquency that accrues after
entry of the order for support. The amount for payment
of delinquency shall not be less than 20% of the total of
the current support amount and the amount to be paid
periodically for payment of any arrearage stated in the
order for support; and
(c) Include the obligor's Social Security Number,
which the obligor shall disclose to the court. If the
obligor is not a United States citizen, the obligor shall
disclose to the court, and the court shall include in the
order for support, the obligor's alien registration
number, passport number, and home country's social
security or national health number, if applicable.
(2) At the time the order for support is entered, the
Clerk of the Circuit Court shall provide a copy of the order
to the obligor and shall make copies available to the obligee
and public office.
(3) The income withholding notice shall:
(a) Be in the standard format prescribed by the
federal Department of Health and Human Services; and
(a-5) State the date of entry of the order for
support upon which the income withholding notice is
based; and
(b) Direct any payor to withhold the dollar amount
required for current support under the order for support;
and
(c) Direct any payor to withhold the dollar amount
required to be paid periodically under the order for
support for payment of the amount of any arrearage stated
in the order for support; and
(d) Direct any payor or labor union or trade union
to enroll a child as a beneficiary of a health insurance
plan and withhold or cause to be withheld, if applicable,
any required premiums; and
(e) State the amount of the payor income
withholding fee specified under this Section; and
(f) State that the amount actually withheld from
the obligor's income for support and other purposes,
including the payor withholding fee specified under this
Section, may not be in excess of the maximum amount
permitted under the federal Consumer Credit Protection
Act; and
(g) State the duties of the payor and the fines and
penalties for failure to withhold and pay over income and
for discharging, disciplining, refusing to hire, or
otherwise penalizing the obligor because of the duty to
withhold and pay over income under this Section; and
(h) State the rights, remedies, and duties of the
obligor under this Section; and
(i) Include the obligor's Social Security Number;
and
(j) Include the date that withholding for current
support terminates, which shall be the date of
termination of the current support obligation set forth
in the order for support; and.
(k) Contain the signature of the obligee or the
printed name and telephone number of the authorized
representative of the public office, except that the
failure to contain the signature of the obligee or the
printed name and telephone number of the authorized
representative of the public office shall not affect the
validity of the income withholding notice.
(4) The accrual of a delinquency as a condition for
service of an income withholding notice, under the exception
to immediate withholding in paragraph (1) of this subsection,
shall apply only to the initial service of an income
withholding notice on a payor of the obligor.
(5) Notwithstanding the exception to immediate
withholding contained in paragraph (1) of this subsection, if
the court finds at the time of any hearing that an arrearage
has accrued, the court shall order immediate service of an
income withholding notice upon the payor.
(6) If the order for support, under the exception to
immediate withholding contained in paragraph (1) of this
subsection, provides that an income withholding notice is to
be prepared and served only if the obligor becomes delinquent
in paying the order for support, the obligor may execute a
written waiver of that condition and request immediate
service on the payor.
(7) The obligee or public office may serve the income
withholding notice on the payor or its superintendent,
manager, or other agent by ordinary mail or certified mail
return receipt requested, by facsimile transmission or other
electronic means, by personal delivery, or by any method
provided by law for service of a summons. At the time of
service on the payor and as notice that withholding has
commenced, the obligee or public office shall serve a copy of
the income withholding notice on the obligor by ordinary mail
addressed to his or her last known address. A copy of the
income withholding notice together with proofs of service on
the payor and the obligor shall be filed with the Clerk of
the Circuit Court.
(8) At any time after the initial service of an income
withholding notice under this Section, any other payor of the
obligor may be served with the same income withholding notice
without further notice to the obligor. A copy of the income
withholding notice together with a proof of service on the
other payor shall be filed with the Clerk of the Circuit
Court.
(9) (4) New service of an income order for withholding
notice is not required in order to resume withholding of
income in the case of an obligor with respect to whom an
income order for withholding notice was previously served on
the payor if withholding of income was terminated because of
an interruption in the obligor's employment of less than 180
days.
(C) Income Withholding After Accrual of Delinquency.
(1) Whenever an obligor accrues a delinquency, the
obligee or public office may prepare and serve upon the
obligor's payor an income withholding notice that:
(a) Contains the information required under
paragraph (3) of subsection (B); and
(b) Contains a computation of the period and total
amount of the delinquency as of the date of the notice;
and
(c) Directs the payor to withhold the dollar amount
required to be withheld periodically under the order for
support for payment of the delinquency.
(2) The income withholding notice and the obligor's copy
of the income withholding notice shall be served as provided
in paragraph (7) of subsection (B).
(3) The obligor may contest withholding commenced under
this subsection by filing a petition to contest withholding
with the Clerk of the Circuit Court within 20 days after
service of a copy of the income withholding notice on the
obligor. However, the grounds for the petition to contest
withholding shall be limited to:
(a) A dispute concerning the existence or amount of
the delinquency; or
(b) The identity of the obligor.
The Clerk of the Circuit Court shall notify the obligor
and the obligee or public office of the time and place of the
hearing on the petition to contest withholding. The court
shall hold the hearing pursuant to the provisions of
subsection (F).
(D) Initiated Withholding.
(1) Notwithstanding any other provision of this Section,
if the court has not required that income withholding take
effect immediately, the obligee or public office may initiate
withholding, regardless of whether a delinquency has accrued,
by preparing and serving an income withholding notice on the
payor that contains the information required under paragraph
(3) of subsection (B) and states that the parties' written
agreement providing an alternative arrangement to immediate
withholding under paragraph (1) of subsection (B) no longer
ensures payment of support and the reason or reasons why it
does not.
(2) The income withholding notice and the obligor's copy
of the income withholding notice shall be served as provided
in paragraph (7) of subsection (B).
(3) The obligor may contest withholding commenced under
this subsection by filing a petition to contest withholding
with the Clerk of the Circuit Court within 20 days after
service of a copy of the income withholding notice on the
obligor. However, the grounds for the petition shall be
limited to a dispute concerning:
(a) whether the parties' written agreement
providing an alternative arrangement to immediate
withholding under paragraph (1) of subsection (B)
continues to ensure payment of support; or
(b) the identity of the obligor.
It shall not be grounds for filing a petition that the
obligor has made all payments due by the date of the
petition.
(4) If the obligor files a petition contesting
withholding within the 20-day period required under paragraph
(3), the Clerk of the Circuit Court shall notify the obligor
and the obligee or public office, as appropriate, of the time
and place of the hearing on the petition. The court shall
hold the hearing pursuant to the provisions of subsection
(F). regular or facsimile regular or facsimile
(E) Duties of Payor.
(1) It shall be the duty of any payor who has been
served with an income withholding notice to deduct and pay
over income as provided in this subsection. The payor shall
deduct the amount designated in the income withholding
notice, as supplemented by any notice provided pursuant to
paragraph (6) of subsection (G), beginning no later than the
next payment of income which is payable or creditable to the
obligor that occurs 14 days following the date the income
withholding notice was mailed, sent by facsimile or other
electronic means, or placed for personal delivery to or
service on the payor. The payor may combine all amounts
withheld for the benefit of an obligee or public office into
a single payment and transmit the payment with a listing of
obligors from whom withholding has been effected. The payor
shall pay the amount withheld to the obligee or public office
within 7 business days after the date the amount would (but
for the duty to withhold income) have been paid or credited
to the obligor. If the payor knowingly fails to pay any
amount withheld to the obligee or public office within 7
business days after the date the amount would have been paid
or credited to the obligor, the payor shall pay a penalty of
$100 for each day that the withheld amount is not paid to the
obligee or public office after the period of 7 business days
has expired. The failure of a payor, on more than one
occasion, to pay amounts withheld to the obligee or public
office within 7 business days after the date the amount would
have been paid or credited to the obligor creates a
presumption that the payor knowingly failed to pay over the
amounts. This penalty may be collected in a civil action
which may be brought against the payor in favor of the
obligee or public office. A finding of a payor's
nonperformance within the time required under this Section
must be documented by a certified mail return receipt showing
the date the income order for withholding notice was served
on the payor. For purposes of this Section, a withheld amount
shall be considered paid by a payor on the date it is mailed
by the payor, or on the date an electronic funds transfer of
the amount has been initiated by the payor, or on the date
delivery of the amount has been initiated by the payor. For
each deduction, the payor shall provide the obligee or public
office, at the time of transmittal, with the date the amount
would (but for the duty to withhold income) have been paid or
credited to the obligor.
Upon receipt of an income withholding notice requiring
that a minor child be named as a beneficiary of a health
insurance plan available through an employer or labor union
or trade union, the employer or labor union or trade union
shall immediately enroll the minor child as a beneficiary in
the health insurance plan designated by the income
withholding notice. The employer shall withhold any required
premiums and pay over any amounts so withheld and any
additional amounts the employer pays to the insurance carrier
in a timely manner. The employer or labor union or trade
union shall mail to the obligee, within 15 days of enrollment
or upon request, notice of the date of coverage, information
on the dependent coverage plan, and all forms necessary to
obtain reimbursement for covered health expenses, such as
would be made available to a new employee. When an order for
dependent coverage is in effect and the insurance coverage is
terminated or changed for any reason, the employer or labor
union or trade union shall notify the obligee within 10 days
of the termination or change date along with notice of
conversion privileges.
For withholding of income, the payor shall be entitled to
receive a fee not to exceed $5 per month or the actual check
processing cost to be taken from the income to be paid to the
obligor.
(2) Whenever the obligor is no longer receiving income
from the payor, the payor shall return a copy of the income
withholding notice to the obligee or public office and shall
provide information for the purpose of enforcing this
Section.
(3) Withholding of income under this Section shall be
made without regard to any prior or subsequent garnishments,
attachments, wage assignments, or any other claims of
creditors. Withholding of income under this Section shall
not be in excess of the maximum amounts permitted under the
federal Consumer Credit Protection Act. If the payor has been
served with more than one income withholding notice
pertaining to the same obligor, the payor shall allocate
income available for withholding on a proportionate share
basis, giving priority to current support payments. If there
is any income available for withholding after withholding for
all current support obligations, the payor shall allocate the
income to past due support payments ordered in cases in which
cash assistance under the Illinois Public Aid Code is not
being provided to the obligee and then to past due support
payments ordered in cases in which cash assistance under the
Illinois Public Aid Code is being provided to the obligee,
both on a proportionate share basis. A payor who complies
with an income withholding notice that is regular on its face
shall not be subject to civil liability with respect to any
individual, any agency, or any creditor of the obligor for
conduct in compliance with the notice.
(4) No payor shall discharge, discipline, refuse to hire
or otherwise penalize any obligor because of the duty to
withhold income.
(F) Petitions to Contest Withholding or to Modify, Suspend,
Terminate, or Correct Income Withholding Notices.
(1) When an obligor files a petition to contest
withholding, the court, after due notice to all parties,
shall hear the matter as soon as practicable and shall enter
an order granting or denying relief, ordering service of an
amended income withholding notice, where applicable, or
otherwise resolving the matter.
The court shall deny the obligor's petition if the court
finds that when the income withholding notice was mailed,
sent by facsimile transmission or other electronic means, or
placed for personal delivery to or service on the payor:
(a) A delinquency existed; or
(b) The parties' written agreement providing an
alternative arrangement to immediate withholding under
paragraph (1) of subsection (B) no longer ensured payment
of support.
(2) At any time, an obligor, obligee, public office or
Clerk of the Circuit Court may petition the court to:
(a) Modify, suspend or terminate the income
withholding notice because of a modification, suspension
or termination of the underlying order for support; or
(b) Modify the amount of income to be withheld to
reflect payment in full or in part of the delinquency or
arrearage by income withholding or otherwise; or
(c) Suspend the income withholding notice because
of inability to deliver income withheld to the obligee
due to the obligee's failure to provide a mailing address
or other means of delivery.
(3) At any time an obligor may petition the court to
correct a term contained in an income withholding notice to
conform to that stated in the underlying order for support
for:
(a) The amount of current support;
(b) The amount of the arrearage;
(c) The periodic amount for payment of the
arrearage; or
(d) The periodic amount for payment of the
delinquency.
(4) The obligor, obligee or public office shall serve on
the payor, in the manner provided for service of income
withholding notices in paragraph (7) of subsection (B), a
copy of any order entered pursuant to this subsection that
affects the duties of the payor.
(5) At any time, a public office or Clerk of the Circuit
Court may serve a notice on the payor to:
(a) Cease withholding of income for payment of
current support for a child when the support obligation
for that child has automatically ceased under the order
for support through emancipation or otherwise; or
(b) Cease withholding of income for payment of
delinquency or arrearage when the delinquency or
arrearage has been paid in full.
(6) The notice provided for under paragraph (5) of this
subsection shall be served on the payor in the manner
provided for service of income withholding notices in
paragraph (7) of subsection (B), and a copy shall be provided
to the obligor and the obligee.
(7) The income withholding notice shall continue to be
binding upon the payor until service of an amended income
withholding notice or any order of the court or notice
entered or provided for under this subsection.
(G) Additional Duties.
(1) An obligee who is receiving income withholding
payments under this Section shall notify the payor, if the
obligee receives the payments directly from the payor, or the
public office or the Clerk of the Circuit Court, as
appropriate, of any change of address within 7 days of such
change.
(2) An obligee who is a recipient of public aid shall
send a copy of any income withholding notice served by the
obligee to the Division of Child Support Enforcement of the
Illinois Department of Public Aid.
(3) Each obligor shall notify the obligee, the public
office, and the Clerk of the Circuit Court of any change of
address within 7 days.
(4) An obligor whose income is being withheld or who has
been served with a notice of delinquency pursuant to this
Section shall notify the obligee, the public office, and the
Clerk of the Circuit Court of any new payor, within 7 days.
(5) When the Illinois Department of Public Aid is no
longer authorized to receive payments for the obligee, it
shall, within 7 days, notify the payor or, where appropriate,
the Clerk of the Circuit Court, to redirect income
withholding payments to the obligee.
(6) The obligee or public office shall provide notice to
the payor and Clerk of the Circuit Court of any other support
payment made, including but not limited to, a set-off under
federal and State law or partial payment of the delinquency
or arrearage, or both.
(7) Any public office and Clerk of the Circuit Court
which collects, disburses or receives payments pursuant to
income withholding notices shall maintain complete, accurate,
and clear records of all payments and their disbursements.
Certified copies of payment records maintained by a public
office or Clerk of the Circuit Court shall, without further
proof, be admitted into evidence in any legal proceedings
under this Section.
(8) The Illinois Department of Public Aid shall design
suggested legal forms for proceeding under this Section and
shall make available to the courts such forms and
informational materials which describe the procedures and
remedies set forth herein for distribution to all parties in
support actions.
(9) At the time of transmitting each support payment,
the clerk of the circuit court shall provide the obligee or
public office, as appropriate, with any information furnished
by the payor as to the date the amount would (but for the
duty to withhold income) have been paid or credited to the
obligor.
(H) Penalties.
(1) Where a payor wilfully fails to withhold or pay over
income pursuant to a properly served income withholding
notice, or wilfully discharges, disciplines, refuses to hire
or otherwise penalizes an obligor as prohibited by subsection
(E), or otherwise fails to comply with any duties imposed by
this Section, the obligee, public office or obligor, as
appropriate, may file a complaint with the court against the
payor. The clerk of the circuit court shall notify the
obligee or public office, as appropriate, and the obligor and
payor of the time and place of the hearing on the complaint.
The court shall resolve any factual dispute including, but
not limited to, a denial that the payor is paying or has paid
income to the obligor. Upon a finding in favor of the
complaining party, the court:
(a) Shall enter judgment and direct the enforcement
thereof for the total amount that the payor wilfully
failed to withhold or pay over; and
(b) May order employment or reinstatement of or
restitution to the obligor, or both, where the obligor
has been discharged, disciplined, denied employment or
otherwise penalized by the payor and may impose a fine
upon the payor not to exceed $200.
(2) Any obligee, public office or obligor who wilfully
initiates a false proceeding under this Section or who
wilfully fails to comply with the requirements of this
Section shall be punished as in cases of contempt of court.
(I) Alternative Procedures for Service of an Income
Withholding Notice.
(1) The procedures of this subsection may be used in any
matter to serve an income withholding notice on a payor if:
(a) For any reason the most recent order for
support entered does not contain the income withholding
provisions required under subsection (B), irrespective of
whether a separate order for withholding was entered
prior to July 1, 1997; and
(b) The obligor has accrued a delinquency after
entry of the most recent order for support.
(2) The obligee or public office shall prepare and serve
the income withholding notice in accordance with the
provisions of subsection (C), except that the notice shall
contain a periodic amount for payment of the delinquency
equal to 20% of the total of the current support amount and
the amount to be paid periodically for payment of any
arrearage stated in the most recent order for support.
(3) If the obligor requests in writing that income
withholding become effective prior to the obligor accruing a
delinquency under the most recent order for support, the
obligee or public office may prepare and serve an income
withholding notice on the payor as provided in subsection
(B). In addition to filing proofs of service of the income
withholding notice on the payor and the obligor, the obligee
or public office shall file a copy of the obligor's written
request for income withholding with the Clerk of the Circuit
Court.
(4) All other provisions of this Section shall be
applicable with respect to the provisions of this subsection
(I).
(J) Remedies in Addition to Other Laws.
(1) The rights, remedies, duties and penalties created
by this Section are in addition to and not in substitution
for any other rights, remedies, duties and penalties created
by any other law.
(2) Nothing in this Section shall be construed as
invalidating any assignment of wages or benefits executed
prior to January 1, 1984 or any order for withholding served
prior to July 1, 1997.
(Source: P.A. 89-507, eff. 7-1-97; 90-18, eff. 7-1-97;
90-425, eff. 8-15-97; revised 9-29-97.)
Section 20. The Illinois Parentage Act of 1984 is
amended by changing Sections 20 and 21 as follows:
(750 ILCS 45/20) (from Ch. 40, par. 2520)
Sec. 20. Withholding of Income to Secure Payment of
Support.
(A) Definitions.
(1) "Order for support" means any order of the court
which provides for periodic payment of funds for the support
of a child, whether temporary or final, and includes any such
order which provides for:
(a) modification or resumption of, or payment of
arrearage accrued under, a previously existing order;
(b) reimbursement of support;
(c) payment or reimbursement of the expense of
pregnancy and delivery; or
(d) enrollment in a health insurance plan that is
available to the obligor through an employer or labor
union or trade union.
(2) "Arrearage" means the total amount of unpaid support
obligations as determined by the court and incorporated into
an order for support.
(2.5) "Business day" means a day on which State offices
are open for regular business.
(3) "Delinquency" means any payment under an order for
support which becomes due and remains unpaid after entry of
the order for support.
(4) "Income" means any form of periodic payment to an
individual, regardless of source, including, but not limited
to: wages, salary, commission, compensation as an independent
contractor, workers' compensation, disability, annuity,
pension, and retirement benefits, lottery prize awards,
insurance proceeds, vacation pay, bonuses, profit-sharing
payments, interest, and any other payments, made by any
person, private entity, federal or state government, any unit
of local government, school district or any entity created by
Public Act; however, "income" excludes:
(a) any amounts required by law to be withheld,
other than creditor claims, including, but not limited
to, federal, State and local taxes, Social Security and
other retirement and disability contributions;
(b) union dues;
(c) any amounts exempted by the federal Consumer
Credit Protection Act;
(d) public assistance payments; and
(e) unemployment insurance benefits except as
provided by law.
Any other State or local laws which limit or exempt
income or the amount or percentage of income that can be
withheld shall not apply.
(5) "Obligor" means the individual who owes a duty to
make payments under an order for support.
(6) "Obligee" means the individual to whom a duty of
support is owed or the individual's legal representative.
(7) "Payor" means any payor of income to an obligor.
(8) "Public office" means any elected official or any
State or local agency which is or may become responsible by
law for enforcement of, or which is or may become authorized
to enforce, an order for support, including, but not limited
to: the Attorney General, the Illinois Department of Public
Aid, the Illinois Department of Human Services, the Illinois
Department of Children and Family Services, and the various
State's Attorneys, Clerks of the Circuit Court and
supervisors of general assistance.
(9) "Premium" means the dollar amount for which the
obligor is liable to his employer or labor union or trade
union and which must be paid to enroll or maintain a child in
a health insurance plan that is available to the obligor
through an employer or labor union or trade union.
(B) Entry of Order for Support Containing Income Withholding
Provisions; Income Withholding Notice.
(1) In addition to any content required under other
laws, every order for support entered on or after July 1,
1997, shall:
(a) Require an income withholding notice to be
prepared and served immediately upon any payor of the
obligor by the obligee or public office, unless a written
agreement is reached between and signed by both parties
providing for an alternative arrangement, approved and
entered into the record by the court, which ensures
payment of support. In that case, the order for support
shall provide that an income withholding notice is to be
prepared and served only if the obligor becomes
delinquent in paying the order for support; and
(b) Contain a dollar amount to be paid until
payment in full of any delinquency that accrues after
entry of the order for support. The amount for payment
of delinquency shall not be less than 20% of the total of
the current support amount and the amount to be paid
periodically for payment of any arrearage stated in the
order for support; and
(c) Include the obligor's Social Security Number,
which the obligor shall disclose to the court. If the
obligor is not a United States citizen, the obligor shall
disclose to the court, and the court shall include in the
order for support, the obligor's alien registration
number, passport number, and home country's social
security or national health number, if applicable.
(2) At the time the order for support is entered, the
Clerk of the Circuit Court shall provide a copy of the order
to the obligor and shall make copies available to the obligee
and public office.
(3) The income withholding notice shall:
(a) Be in the standard format prescribed by the
federal Department of Health and Human Services; and
(a-5) State the date of entry of the order for
support upon which the income withholding notice is
based; and
(b) Direct any payor to withhold the dollar amount
required for current support under the order for support;
and
(c) Direct any payor to withhold the dollar amount
required to be paid periodically under the order for
support for payment of the amount of any arrearage stated
in the order for support; and
(d) Direct any payor or labor union or trade union
to enroll a child as a beneficiary of a health insurance
plan and withhold or cause to be withheld, if applicable,
any required premiums; and
(e) State the amount of the payor income
withholding fee specified under this Section; and
(f) State that the amount actually withheld from
the obligor's income for support and other purposes,
including the payor withholding fee specified under this
Section, may not be in excess of the maximum amount
permitted under the federal Consumer Credit Protection
Act; and
(g) State the duties of the payor and the fines and
penalties for failure to withhold and pay over income and
for discharging, disciplining, refusing to hire, or
otherwise penalizing the obligor because of the duty to
withhold and pay over income under this Section; and
(h) State the rights, remedies, and duties of the
obligor under this Section; and
(i) Include the obligor's Social Security Number;
and
(j) Include the date that withholding for current
support terminates, which shall be the date of
termination of the current support obligation set forth
in the order for support; and.
(k) Contain the signature of the obligee or the
printed name and telephone number of the authorized
representative of the public office, except that the
failure to contain the signature of the obligee or the
printed name and telephone number of the authorized
representative of the public office shall not affect the
validity of the income withholding notice.
(4) The accrual of a delinquency as a condition for
service of an income withholding notice, under the exception
to immediate withholding in paragraph (1) of this subsection,
shall apply only to the initial service of an income
withholding notice on a payor of the obligor.
(5) Notwithstanding the exception to immediate
withholding contained in paragraph (1) of this subsection, if
the court finds at the time of any hearing that an arrearage
has accrued, the court shall order immediate service of an
income withholding notice upon the payor.
(6) If the order for support, under the exception to
immediate withholding contained in paragraph (1) of this
subsection, provides that an income withholding notice is to
be prepared and served only if the obligor becomes delinquent
in paying the order for support, the obligor may execute a
written waiver of that condition and request immediate
service on the payor.
(7) The obligee or public office may serve the income
withholding notice on the payor or its superintendent,
manager, or other agent by ordinary mail or certified mail
return receipt requested, by facsimile transmission or other
electronic means, by personal delivery, or by any method
provided by law for service of a summons. At the time of
service on the payor and as notice that withholding has
commenced, the obligee or public office shall serve a copy of
the income withholding notice on the obligor by ordinary mail
addressed to his or her last known address. A copy of the
income withholding notice together with proofs of service on
the payor and the obligor shall be filed with the Clerk of
the Circuit Court.
(8) At any time after the initial service of an income
withholding notice under this Section, any other payor of the
obligor may be served with the same income withholding notice
without further notice to the obligor. A copy of the income
withholding notice together with a proof of service on the
other payor shall be filed with the Clerk of the Circuit
Court.
(9) (4) New service of an income order for withholding
notice is not required in order to resume withholding of
income in the case of an obligor with respect to whom an
income order for withholding notice was previously served on
the payor if withholding of income was terminated because of
an interruption in the obligor's employment of less than 180
days.
(C) Income Withholding After Accrual of Delinquency.
(1) Whenever an obligor accrues a delinquency, the
obligee or public office may prepare and serve upon the
obligor's payor an income withholding notice that:
(a) Contains the information required under
paragraph (3) of subsection (B); and
(b) Contains a computation of the period and total
amount of the delinquency as of the date of the notice;
and
(c) Directs the payor to withhold the dollar amount
required to be withheld periodically under the order for
support for payment of the delinquency.
(2) The income withholding notice and the obligor's copy
of the income withholding notice shall be served as provided
in paragraph (7) of subsection (B).
(3) The obligor may contest withholding commenced under
this subsection by filing a petition to contest withholding
with the Clerk of the Circuit Court within 20 days after
service of a copy of the income withholding notice on the
obligor. However, the grounds for the petition to contest
withholding shall be limited to:
(a) A dispute concerning the existence or amount of
the delinquency; or
(b) The identity of the obligor.
The Clerk of the Circuit Court shall notify the obligor
and the obligee or public office of the time and place of the
hearing on the petition to contest withholding. The court
shall hold the hearing pursuant to the provisions of
subsection (F).
(D) Initiated Withholding.
(1) Notwithstanding any other provision of this Section,
if the court has not required that income withholding take
effect immediately, the obligee or public office may initiate
withholding, regardless of whether a delinquency has accrued,
by preparing and serving an income withholding notice on the
payor that contains the information required under paragraph
(3) of subsection (B) and states that the parties' written
agreement providing an alternative arrangement to immediate
withholding under paragraph (1) of subsection (B) no longer
ensures payment of support and the reason or reasons why it
does not.
(2) The income withholding notice and the obligor's copy
of the income withholding notice shall be served as provided
in paragraph (7) of subsection (B).
(3) The obligor may contest withholding commenced under
this subsection by filing a petition to contest withholding
with the Clerk of the Circuit Court within 20 days after
service of a copy of the income withholding notice on the
obligor. However, the grounds for the petition shall be
limited to a dispute concerning:
(a) whether the parties' written agreement
providing an alternative arrangement to immediate
withholding under paragraph (1) of subsection (B)
continues to ensure payment of support; or
(b) the identity of the obligor.
It shall not be grounds for filing a petition that the
obligor has made all payments due by the date of the
petition.
(4) If the obligor files a petition contesting
withholding within the 20-day period required under paragraph
(3), the Clerk of the Circuit Court shall notify the obligor
and the obligee or public office, as appropriate, of the time
and place of the hearing on the petition. The court shall
hold the hearing pursuant to the provisions of subsection
(F). regular or facsimile regular or facsimile
(E) Duties of Payor.
(1) It shall be the duty of any payor who has been
served with an income withholding notice to deduct and pay
over income as provided in this subsection. The payor shall
deduct the amount designated in the income withholding
notice, as supplemented by any notice provided pursuant to
paragraph (6) of subsection (G), beginning no later than the
next payment of income which is payable or creditable to the
obligor that occurs 14 days following the date the income
withholding notice was mailed, sent by facsimile or other
electronic means, or placed for personal delivery to or
service on the payor. The payor may combine all amounts
withheld for the benefit of an obligee or public office into
a single payment and transmit the payment with a listing of
obligors from whom withholding has been effected. The payor
shall pay the amount withheld to the obligee or public office
within 7 business days after the date the amount would (but
for the duty to withhold income) have been paid or credited
to the obligor. If the payor knowingly fails to pay any
amount withheld to the obligee or public office within 7
business days after the date the amount would have been paid
or credited to the obligor, the payor shall pay a penalty of
$100 for each day that the withheld amount is not paid to the
obligee or public office after the period of 7 business days
has expired. The failure of a payor, on more than one
occasion, to pay amounts withheld to the obligee or public
office within 7 business days after the date the amount would
have been paid or credited to the obligor creates a
presumption that the payor knowingly failed to pay over the
amounts. This penalty may be collected in a civil action
which may be brought against the payor in favor of the
obligee or public office. A finding of a payor's
nonperformance within the time required under this Section
must be documented by a certified mail return receipt showing
the date the income order for withholding notice was served
on the payor. For purposes of this Section, a withheld amount
shall be considered paid by a payor on the date it is mailed
by the payor, or on the date an electronic funds transfer of
the amount has been initiated by the payor, or on the date
delivery of the amount has been initiated by the payor. For
each deduction, the payor shall provide the obligee or public
office, at the time of transmittal, with the date the amount
would (but for the duty to withhold income) have been paid or
credited to the obligor.
Upon receipt of an income withholding notice requiring
that a minor child be named as a beneficiary of a health
insurance plan available through an employer or labor union
or trade union, the employer or labor union or trade union
shall immediately enroll the minor child as a beneficiary in
the health insurance plan designated by the income
withholding notice. The employer shall withhold any required
premiums and pay over any amounts so withheld and any
additional amounts the employer pays to the insurance carrier
in a timely manner. The employer or labor union or trade
union shall mail to the obligee, within 15 days of enrollment
or upon request, notice of the date of coverage, information
on the dependent coverage plan, and all forms necessary to
obtain reimbursement for covered health expenses, such as
would be made available to a new employee. When an order for
dependent coverage is in effect and the insurance coverage is
terminated or changed for any reason, the employer or labor
union or trade union shall notify the obligee within 10 days
of the termination or change date along with notice of
conversion privileges.
For withholding of income, the payor shall be entitled to
receive a fee not to exceed $5 per month to be taken from the
income to be paid to the obligor.
(2) Whenever the obligor is no longer receiving income
from the payor, the payor shall return a copy of the income
withholding notice to the obligee or public office and shall
provide information for the purpose of enforcing this
Section.
(3) Withholding of income under this Section shall be
made without regard to any prior or subsequent garnishments,
attachments, wage assignments, or any other claims of
creditors. Withholding of income under this Section shall
not be in excess of the maximum amounts permitted under the
federal Consumer Credit Protection Act. If the payor has been
served with more than one income withholding notice
pertaining to the same obligor, the payor shall allocate
income available for withholding on a proportionate share
basis, giving priority to current support payments. If there
is any income available for withholding after withholding for
all current support obligations, the payor shall allocate the
income to past due support payments ordered in cases in which
cash assistance under the Illinois Public Aid Code is not
being provided to the obligee and then to past due support
payments ordered in cases in which cash assistance under the
Illinois Public Aid Code is being provided to the obligee,
both on a proportionate share basis. A payor who complies
with an income withholding notice that is regular on its face
shall not be subject to civil liability with respect to any
individual, any agency, or any creditor of the obligor for
conduct in compliance with the notice.
(4) No payor shall discharge, discipline, refuse to hire
or otherwise penalize any obligor because of the duty to
withhold income.
(F) Petitions to Contest Withholding or to Modify, Suspend,
Terminate, or Correct Income Withholding Notices.
(1) When an obligor files a petition to contest
withholding, the court, after due notice to all parties,
shall hear the matter as soon as practicable and shall enter
an order granting or denying relief, ordering service of an
amended income withholding notice, where applicable, or
otherwise resolving the matter.
The court shall deny the obligor's petition if the court
finds that when the income withholding notice was mailed,
sent by facsimile transmission or other electronic means, or
placed for personal delivery to or service on the payor:
(a) A delinquency existed; or
(b) The parties' written agreement providing an
alternative arrangement to immediate withholding under
paragraph (1) of subsection (B) no longer ensured payment
of support.
(2) At any time, an obligor, obligee, public office or
Clerk of the Circuit Court may petition the court to:
(a) modify, suspend or terminate the income
withholding notice because of a modification, suspension
or termination of the underlying order for support; or
(b) modify the amount of income to be withheld to
reflect payment in full or in part of the delinquency or
arrearage by income withholding or otherwise; or
(c) suspend the income withholding notice because
of inability to deliver income withheld to the obligee
due to the obligee's failure to provide a mailing address
or other means of delivery.
(3) At any time an obligor may petition the court to
correct a term contained in an income withholding notice to
conform to that stated in the underlying order for support
for:
(a) The amount of current support;
(b) The amount of the arrearage;
(c) The periodic amount for payment of the
arrearage; or
(d) The periodic amount for payment of the
delinquency.
(4) The obligor, obligee or public office shall serve on
the payor, in the manner provided for service of income
withholding notices in paragraph (7) of subsection (B), a
copy of any order entered pursuant to this subsection that
affects the duties of the payor.
(5) At any time, a public office or Clerk of the Circuit
Court may serve a notice on the payor to:
(a) Cease withholding of income for payment of
current support for a child when the support obligation
for that child has automatically ceased under the order
for support through emancipation or otherwise; or
(b) Cease withholding of income for payment of
delinquency or arrearage when the delinquency or
arrearage has been paid in full.
(6) The notice provided for under paragraph (5) of this
subsection shall be served on the payor in the manner
provided for service of income withholding notices in
paragraph (7) of subsection (B), and a copy shall be provided
to the obligor and the obligee.
(7) The income withholding notice shall continue to be
binding upon the payor until service of an amended income
withholding notice or any order of the court or notice
entered or provided for under this subsection.
(G) Additional Duties.
(1) An obligee who is receiving income withholding
payments under this Section shall notify the payor, if the
obligee receives the payments directly from the payor, or the
public office or the Clerk of the Circuit Court, as
appropriate, of any change of address within 7 days of such
change.
(2) An obligee who is a recipient of public aid shall
send a copy of any income withholding notice served by the
obligee to the Division of Child Support Enforcement of the
Illinois Department of Public Aid.
(3) Each obligor shall notify the obligee, the public
office, and the Clerk of the Circuit Court of any change of
address within 7 days.
(4) An obligor whose income is being withheld or who has
been served with a notice of delinquency pursuant to this
Section shall notify the obligee, the public office, and the
Clerk of the Circuit Court of any new payor, within 7 days.
(5) When the Illinois Department of Public Aid is no
longer authorized to receive payments for the obligee, it
shall, within 7 days, notify the payor or, where appropriate,
the Clerk of the Circuit Court, to redirect income
withholding payments to the obligee.
(6) The obligee or public office shall provide notice to
the payor and Clerk of the Circuit Court of any other support
payment made, including but not limited to, a set-off under
federal and State law or partial payment of the delinquency
or arrearage, or both.
(7) Any public office and Clerk of the Circuit Court
which collects, disburses or receives payments pursuant to
income withholding notices shall maintain complete, accurate,
and clear records of all payments and their disbursements.
Certified copies of payment records maintained by a public
office or Clerk of the Circuit Court shall, without further
proof, be admitted into evidence in any legal proceedings
under this Section.
(8) The Illinois Department of Public Aid shall design
suggested legal forms for proceeding under this Section and
shall make available to the courts such forms and
informational materials which describe the procedures and
remedies set forth herein for distribution to all parties in
support actions.
(9) At the time of transmitting each support payment,
the clerk of the circuit court shall provide the obligee or
public office, as appropriate, with any information furnished
by the payor as to the date the amount would (but for the
duty to withhold income) have been paid or credited to the
obligor.
(H) Penalties.
(1) Where a payor wilfully fails to withhold or pay over
income pursuant to a properly served income withholding
notice, or wilfully discharges, disciplines, refuses to hire
or otherwise penalizes an obligor as prohibited by subsection
(E), or otherwise fails to comply with any duties imposed by
this Section, the obligee, public office or obligor, as
appropriate, may file a complaint with the court against the
payor. The clerk of the circuit court shall notify the
obligee or public office, as appropriate, and the obligor and
payor of the time and place of the hearing on the complaint.
The court shall resolve any factual dispute including, but
not limited to, a denial that the payor is paying or has paid
income to the obligor. Upon a finding in favor of the
complaining party, the court:
(a) shall enter judgment and order the enforcement
thereof for the total amount that the payor wilfully
failed to withhold or pay over; and
(b) may order employment or reinstatement of or
restitution to the obligor, or both, where the obligor
has been discharged, disciplined, denied employment or
otherwise penalized by the payor and may impose a fine
upon the payor not to exceed $200.
(2) Any obligee, public office or obligor who wilfully
initiates a false proceeding under this Section or who
wilfully fails to comply with the requirements of this
Section shall be punished as in cases of contempt of court.
(I) Alternative Procedures for Service of an Income
Withholding Notice.
(1) The procedures of this subsection may be used in any
matter to serve an income withholding notice on a payor if:
(a) For any reason the most recent order for
support entered does not contain the income withholding
provisions required under subsection (B), irrespective of
whether a separate order for withholding was entered
prior to July 1, 1997; and
(b) The obligor has accrued a delinquency after
entry of the most recent order for support.
(2) The obligee or public office shall prepare and serve
the income withholding notice in accordance with the
provisions of subsection (C), except that the notice shall
contain a periodic amount for payment of the delinquency
equal to 20% of the total of the current support amount and
the amount to be paid periodically for payment of any
arrearage stated in the most recent order for support.
(3) If the obligor requests in writing that income
withholding become effective prior to the obligor accruing a
delinquency under the most recent order for support, the
obligee or public office may prepare and serve an income
withholding notice on the payor as provided in subsection
(B). In addition to filing proofs of service of the income
withholding notice on the payor and the obligor, the obligee
or public office shall file a copy of the obligor's written
request for income withholding with the Clerk of the Circuit
Court.
(4) All other provisions of this Section shall be
applicable with respect to the provisions of this subsection
(I).
(J) Remedies in Addition to Other Laws.
(1) The rights, remedies, duties and penalties created
by this Section are in addition to and not in substitution
for any other rights, remedies, duties and penalties created
by any other law.
(2) Nothing in this Section shall be construed as
invalidating any assignment of wages or benefits executed
prior to July 1, 1985 or any order for withholding served
prior to July 1, 1997.
(Source: P.A. 89-507, eff. 7-1-97; 90-18, eff. 7-1-97;
90-425, eff. 8-15-97; revised 9-29-97.)
(750 ILCS 45/21) (from Ch. 40, par. 2521)
Sec. 21. Support payments; receiving and disbursing
agents.
(1) In an action filed in counties of less than 3
million population in which an order for child support is
entered, and in supplementary proceedings in such counties to
enforce or vary the terms of such order arising out of an
action filed in such counties, the court, except in actions
or supplementary proceedings in which the pregnancy and
delivery expenses of the mother or the child support payments
are for a recipient of aid under the Illinois Public Aid
Code, shall direct that child support payments be made to the
clerk of the court unless in the discretion of the court
exceptional circumstances warrant otherwise. In cases where
payment is to be made to persons other than the clerk of the
court the judgment or order of support shall set forth the
facts of the exceptional circumstances.
(2) In an action filed in counties of 3 million or more
population in which an order for child support is entered,
and in supplementary proceedings in such counties to enforce
or vary the terms of such order arising out of an action
filed date in such counties, the court, except in actions or
supplementary proceedings in which the pregnancy and delivery
expenses of the mother or the child support payments are for
a recipient of aid under the Illinois Public Aid Code, shall
direct that child support payments be made either to the
clerk of the court or to the Court Service Division of the
County Department of Public Aid, or to the clerk of the court
or to the Illinois Department of Public Aid, unless in the
discretion of the court exceptional circumstances warrant
otherwise. In cases where payment is to be made to persons
other than the clerk of the court, the Court Service Division
of the County Department of Public Aid, or the Illinois
Department of Public Aid, the judgment or order of support
shall set forth the facts of the exceptional circumstances.
(3) Where the action or supplementary proceeding is in
behalf of a mother for pregnancy and delivery expenses or for
child support, or both, and the mother, child, or both, are
recipients of aid under the Illinois Public Aid Code, the
court shall order that the payments be made directly to (a)
the Illinois Department of Public Aid if the mother or child,
or both, are recipients under Articles IV or V of the Code,
or (b) the local governmental unit responsible for the
support of the mother or child, or both, if they are
recipients under Articles VI or VII of the Code. In
accordance with federal law and regulations, the Illinois
Department of Public Aid may continue to collect current
maintenance payments or child support payments, or both,
after those persons cease to receive public assistance and
until termination of services under Article X of the Illinois
Public Aid Code. The Illinois Department of Public Aid shall
pay the net amount collected to those persons after deducting
any costs incurred in making the collection or any collection
fee from the amount of any recovery made. The Illinois
Department of Public Aid or the local governmental unit, as
the case may be, may direct that payments be made directly to
the mother of the child, or to some other person or agency in
the child's behalf, upon the removal of the mother and child
from the public aid rolls or upon termination of services
under Article X of the Illinois Public Aid Code; and upon
such direction, the Illinois Department or the local
governmental unit, as the case requires, shall give notice of
such action to the court in writing or by electronic
transmission.
(4) All clerks of the court and the Court Service
Division of a County Department of Public Aid and the
Illinois Department of Public Aid, receiving child support
payments under paragraphs (1) or (2) shall disburse the same
to the person or persons entitled thereto under the terms of
the order. They shall establish and maintain clear and
current records of all moneys received and disbursed and of
defaults and delinquencies in required payments. The court,
by order or rule, shall make provision for the carrying out
of these duties.
In cases in which a party is receiving child and spouse
support services under Article X of the Illinois Public Aid
Code and the order for support provides that child support
payments be made to the obligee, the Illinois Department of
Public Aid may provide notice to the obligor and the
obligor's payor, when income withholding is in effect under
Section 20 of this Act, to make all payments after receipt of
the Department's notice to the clerk of the court until
further notice by the Department or order of the court.
Copies of the notice shall be provided to the obligee and the
clerk. The clerk's copy shall contain a proof of service on
the obligor and the obligor's payor, where applicable. The
clerk shall file the clerk's copy of the notice in the court
file. The notice to the obligor and the payor, if applicable,
may be sent by ordinary mail, certified mail, return receipt
requested, facsimile transmission, or other electronic
process, or may be served upon the obligor or payor using any
method provided by law for service of a summons. An obligor
who fails to comply with a notice provided under this
paragraph is guilty of a Class B misdemeanor. A payor who
fails to comply with a notice provided under this paragraph
is guilty of a business offense and subject to a fine of up
to $1,000.
Upon notification in writing or by electronic
transmission from the Illinois Department of Public Aid to
the clerk of the court that a person who is receiving support
payments under this Section is receiving services under the
Child Support Enforcement Program established by Title IV-D
of the Social Security Act, any support payments subsequently
received by the clerk of the court shall be transmitted in
accordance with the instructions of the Illinois Department
of Public Aid until the Department gives notice to cease the
transmittal. After providing the notification authorized
under this paragraph, the Illinois Department of Public Aid
shall be entitled as a party to notice of any further
proceedings in the case. The clerk of the court shall file a
copy of the Illinois Department of Public Aid's notification
in the court file. The failure of the clerk to file a copy
of the notification in the court file shall not, however,
affect the Illinois Department of Public Aid's right to
receive notice of further proceedings.
Payments under this Section to the Illinois Department of
Public Aid pursuant to the Child Support Enforcement Program
established by Title IV-D of the Social Security Act shall be
paid into the Child Support Enforcement Trust Fund. All
other payments under this Section to the Illinois Department
of Public Aid shall be deposited in the Public Assistance
Recoveries Trust Fund. Disbursement from these funds shall
be as provided in the Illinois Public Aid Code. Payments
received by a local governmental unit shall be deposited in
that unit's General Assistance Fund.
(5) The moneys received by persons or agencies
designated by the court shall be disbursed by them in
accordance with the order. However, the court, on petition
of the state's attorney, may enter new orders designating the
clerk of the court or the Illinois Department of Public Aid,
as the person or agency authorized to receive and disburse
child support payments and, in the case of recipients of
public aid, the court, on petition of the Attorney General or
State's Attorney, shall direct subsequent payments to be paid
to the Illinois Department of Public Aid or to the
appropriate local governmental unit, as provided in paragraph
(3). Payments of child support by principals or sureties on
bonds, or proceeds of any sale for the enforcement of a
judgment shall be made to the clerk of the court, the
Illinois Department of Public Aid or the appropriate local
governmental unit, as the respective provisions of this
Section require.
(6) For those cases in which child support is payable to
the clerk of the circuit court for transmittal to the
Illinois Department of Public Aid by order of court or upon
notification by the Illinois Department of Public Aid, the
clerk shall transmit all such payments, within 4 working days
of receipt, to insure that funds are available for immediate
distribution by the Department to the person or entity
entitled thereto in accordance with standards of the Child
Support Enforcement Program established under Title IV-D of
the Social Security Act. The clerk shall notify the
Department of the date of receipt and amount thereof at the
time of transmittal. Where the clerk has entered into an
agreement of cooperation with the Department to record the
terms of child support orders and payments made thereunder
directly into the Department's automated data processing
system, the clerk shall account for, transmit and otherwise
distribute child support payments in accordance with such
agreement in lieu of the requirements contained herein.
(Source: P.A. 90-18, eff. 7-1-97.)
Section 95. No acceleration or delay. Where this Act
makes changes in a statute that is represented in this Act by
text that is not yet or no longer in effect (for example, a
Section represented by multiple versions), the use of that
text does not accelerate or delay the taking effect of (i)
the changes made by this Act or (ii) provisions derived from
any other Public Act.
Section 99. Effective date. This Act takes effect upon
becoming law.
INDEX
Statutes amended in order of appearance
5 ILCS 405/Act rep.
305 ILCS 5/10-10 from Ch. 23, par. 10-10
305 ILCS 5/10-10.4 new
305 ILCS 5/10-10.5 new
305 ILCS 5/10-11 from Ch. 23, par. 10-11
305 ILCS 5/10-11.2 new
305 ILCS 5/10-12 from Ch. 23, par. 10-12
305 ILCS 5/10-12.1 new
305 ILCS 5/10-13 from Ch. 23, par. 10-13
305 ILCS 5/10-13.6 from Ch. 23, par. 10-13.6
305 ILCS 5/10-14 from Ch. 23, par. 10-14
305 ILCS 5/10-14.1 new
305 ILCS 5/10-16.2 from Ch. 23, par. 10-16.2
305 ILCS 5/10-17.7
305 ILCS 5/10-26 new
305 ILCS 5/10-27 new
305 ILCS 5/10-22 rep.
305 ILCS 5/12-4.31 rep.
410 ILCS 535/12 from Ch. 111 1/2, par. 73-12
750 ILCS 5/505.3 new
750 ILCS 5/507 from Ch. 40, par. 507
750 ILCS 5/507.1 new
750 ILCS 5/705 from Ch. 40, par. 705
750 ILCS 5/706.1 from Ch. 40, par. 706.1
750 ILCS 15/2.1 from Ch. 40, par. 1105
750 ILCS 15/2.2 new
750 ILCS 15/4.1 from Ch. 40, par. 1107.1
750 ILCS 15/12.2 new
750 ILCS 45/14.1 new
750 ILCS 45/20 from Ch. 40, par. 2520
750 ILCS 45/21 from Ch. 40, par. 2521
750 ILCS 45/21.1 new