[ Home ] [ ILCS ] [ Search ] [ Bottom ]
[ Other General Assemblies ]
Public Act 91-0212
SB1063 Enrolled LRB9101195SMdvA
AN ACT regarding child support.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The State Comptroller Act is amended by
changing Section 10.05a as follows:
(15 ILCS 405/10.05a) (from Ch. 15, par. 210.05a)
Sec. 10.05a. Deductions from Warrants and Payments for
Satisfaction of Past Due Child Support. At the direction of
the Department of Public Aid, the Comptroller shall deduct
from a warrant or other payment described in Section 10.05 of
this Act, in accordance with the procedures provided therein,
and pay over to the State Disbursement Unit established under
Section 10-26 of the Illinois Public Aid Code Department that
amount certified as necessary to satisfy, in whole or in
part, past due support owed by a person on account of support
action being taken by the Department under Article X of The
Illinois Public Aid Code, whether or not such support is owed
to the State. Such deduction shall have priority over any
garnishment except that for payment of state or federal
taxes. In the case of joint payees, the Comptroller shall
deduct and pay over to the State Disbursement Unit Department
the entire amount certified. The Comptroller shall provide
the Department with the address to which the warrant or other
payment was to be mailed and the social security number of
each person from whom a deduction is made pursuant to this
Section.
(Source: P.A. 84-825.)
Section 10. The Civil Administrative Code of Illinois is
amended by changing Section 39b52 as follows:
(20 ILCS 2505/39b52)
Sec. 39b52. Collection of past due support. Upon
certification of past due child support amounts from the
Department of Public Aid, the Department of Revenue may
collect the delinquency in any manner authorized for the
collection of any tax administered by the Department of
Revenue. The Department of Revenue shall notify the
Department of Public Aid when the delinquency or any portion
of the delinquency has been collected under this Section.
Any child support delinquency collected by the Department of
Revenue, including those amounts that result in overpayment
of a child support delinquency, shall be paid to the State
Disbursement Unit established under Section 10-26 of the
Illinois Public Aid Code deposited in, or transferred to, the
Child Support Enforcement Trust Fund. The Department of
Revenue 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. 89-6, eff. 12-31-95; 90-491, eff. 1-1-98.)
Section 15. The Illinois Income Tax Act is amended by
changing Section 901 as follows:
(35 ILCS 5/901) (from Ch. 120, par. 9-901)
Sec. 901. Collection Authority.
(a) In general.
The Department shall collect the taxes imposed by this
Act. The Department shall collect certified past due child
support amounts under Section 39b52 of the Civil
Administrative Code of Illinois. Except as provided in
subsections (c) and (e) of this Section, money collected
pursuant to subsections (a) and (b) of Section 201 of this
Act shall be paid into the General Revenue Fund in the State
treasury; money collected pursuant to subsections (c) and (d)
of Section 201 of this Act shall be paid into the Personal
Property Tax Replacement Fund, a special fund in the State
Treasury; and money collected under Section 39b52 of the
Civil Administrative Code of Illinois shall be paid to the
State Disbursement Unit established under Section 10-26 of
the Illinois Public Aid Code into the Child Support
Enforcement Trust Fund, a special fund outside the State
Treasury.
(b) Local Governmental Distributive Fund.
Beginning August 1, 1969, and continuing through June 30,
1994, the Treasurer shall transfer each month from the
General Revenue Fund to a special fund in the State treasury,
to be known as the "Local Government Distributive Fund", an
amount equal to 1/12 of the net revenue realized from the tax
imposed by subsections (a) and (b) of Section 201 of this Act
during the preceding month. Beginning July 1, 1994, and
continuing through June 30, 1995, the Treasurer shall
transfer each month from the General Revenue Fund to the
Local Government Distributive Fund an amount equal to 1/11 of
the net revenue realized from the tax imposed by subsections
(a) and (b) of Section 201 of this Act during the preceding
month. Beginning July 1, 1995, the Treasurer shall transfer
each month from the General Revenue Fund to the Local
Government Distributive Fund an amount equal to 1/10 of the
net revenue realized from the tax imposed by subsections (a)
and (b) of Section 201 of the Illinois Income Tax Act during
the preceding month. Net revenue realized for a month shall
be defined as the revenue from the tax imposed by subsections
(a) and (b) of Section 201 of this Act which is deposited in
the General Revenue Fund, the Educational Assistance Fund and
the Income Tax Surcharge Local Government Distributive Fund
during the month minus the amount paid out of the General
Revenue Fund in State warrants during that same month as
refunds to taxpayers for overpayment of liability under the
tax imposed by subsections (a) and (b) of Section 201 of this
Act.
(c) Deposits Into Income Tax Refund Fund.
(1) Beginning on January 1, 1989 and thereafter,
the Department shall deposit a percentage of the amounts
collected pursuant to subsections (a) and (b)(1), (2),
and (3), of Section 201 of this Act into a fund in the
State treasury known as the Income Tax Refund Fund. The
Department shall deposit 6% of such amounts during the
period beginning January 1, 1989 and ending on June 30,
1989. Beginning with State fiscal year 1990 and for each
fiscal year thereafter, the percentage deposited into the
Income Tax Refund Fund during a fiscal year shall be the
Annual Percentage. For fiscal years 1999 through 2001,
the Annual Percentage shall be 7.1%. For all other
fiscal years, the Annual Percentage shall be calculated
as a fraction, the numerator of which shall be the amount
of refunds approved for payment by the Department during
the preceding fiscal year as a result of overpayment of
tax liability under subsections (a) and (b)(1), (2), and
(3) of Section 201 of this Act plus the amount of such
refunds remaining approved but unpaid at the end of the
preceding fiscal year, the denominator of which shall be
the amounts which will be collected pursuant to
subsections (a) and (b)(1), (2), and (3) of Section 201
of this Act during the preceding fiscal year. The
Director of Revenue shall certify the Annual Percentage
to the Comptroller on the last business day of the fiscal
year immediately preceding the fiscal year for which it
is to be effective.
(2) Beginning on January 1, 1989 and thereafter,
the Department shall deposit a percentage of the amounts
collected pursuant to subsections (a) and (b)(6), (7),
and (8), (c) and (d) of Section 201 of this Act into a
fund in the State treasury known as the Income Tax Refund
Fund. The Department shall deposit 18% of such amounts
during the period beginning January 1, 1989 and ending on
June 30, 1989. Beginning with State fiscal year 1990 and
for each fiscal year thereafter, the percentage deposited
into the Income Tax Refund Fund during a fiscal year
shall be the Annual Percentage. For fiscal years 1999,
2000, and 2001, the Annual Percentage shall be 19%. For
all other fiscal years, the Annual Percentage shall be
calculated as a fraction, the numerator of which shall be
the amount of refunds approved for payment by the
Department during the preceding fiscal year as a result
of overpayment of tax liability under subsections (a) and
(b)(6), (7), and (8), (c) and (d) of Section 201 of this
Act plus the amount of such refunds remaining approved
but unpaid at the end of the preceding fiscal year, the
denominator of which shall be the amounts which will be
collected pursuant to subsections (a) and (b)(6), (7),
and (8), (c) and (d) of Section 201 of this Act during
the preceding fiscal year. The Director of Revenue shall
certify the Annual Percentage to the Comptroller on the
last business day of the fiscal year immediately
preceding the fiscal year for which it is to be
effective.
(d) Expenditures from Income Tax Refund Fund.
(1) Beginning January 1, 1989, money in the Income
Tax Refund Fund shall be expended exclusively for the
purpose of paying refunds resulting from overpayment of
tax liability under Section 201 of this Act and for
making transfers pursuant to this subsection (d).
(2) The Director shall order payment of refunds
resulting from overpayment of tax liability under Section
201 of this Act from the Income Tax Refund Fund only to
the extent that amounts collected pursuant to Section 201
of this Act and transfers pursuant to this subsection (d)
have been deposited and retained in the Fund.
(3) As soon as possible after the end of each
fiscal year, the Director shall order transferred and the
State Treasurer and State Comptroller shall transfer from
the Income Tax Refund Fund to the Personal Property Tax
Replacement Fund an amount, certified by the Director to
the Comptroller, equal to the excess of the amount
collected pursuant to subsections (c) and (d) of Section
201 of this Act deposited into the Income Tax Refund Fund
during the fiscal year over the amount of refunds
resulting from overpayment of tax liability under
subsections (c) and (d) of Section 201 of this Act paid
from the Income Tax Refund Fund during the fiscal year.
(4) As soon as possible after the end of each
fiscal year, the Director shall order transferred and the
State Treasurer and State Comptroller shall transfer from
the Personal Property Tax Replacement Fund to the Income
Tax Refund Fund an amount, certified by the Director to
the Comptroller, equal to the excess of the amount of
refunds resulting from overpayment of tax liability under
subsections (c) and (d) of Section 201 of this Act paid
from the Income Tax Refund Fund during the fiscal year
over the amount collected pursuant to subsections (c) and
(d) of Section 201 of this Act deposited into the Income
Tax Refund Fund during the fiscal year.
(4.5) As soon as possible after the end of fiscal
year 1999 and of each fiscal year thereafter, the
Director shall order transferred and the State Treasurer
and State Comptroller shall transfer from the Income Tax
Refund Fund to the General Revenue Fund any surplus
remaining in the Income Tax Refund Fund as of the end of
such fiscal year.
(5) This Act shall constitute an irrevocable and
continuing appropriation from the Income Tax Refund Fund
for the purpose of paying refunds upon the order of the
Director in accordance with the provisions of this
Section.
(e) Deposits into the Education Assistance Fund and the
Income Tax Surcharge Local Government Distributive Fund.
On July 1, 1991, and thereafter, of the amounts collected
pursuant to subsections (a) and (b) of Section 201 of this
Act, minus deposits into the Income Tax Refund Fund, the
Department shall deposit 7.3% into the Education Assistance
Fund in the State Treasury. Beginning July 1, 1991, and
continuing through January 31, 1993, of the amounts collected
pursuant to subsections (a) and (b) of Section 201 of the
Illinois Income Tax Act, minus deposits into the Income Tax
Refund Fund, the Department shall deposit 3.0% into the
Income Tax Surcharge Local Government Distributive Fund in
the State Treasury. Beginning February 1, 1993 and
continuing through June 30, 1993, of the amounts collected
pursuant to subsections (a) and (b) of Section 201 of the
Illinois Income Tax Act, minus deposits into the Income Tax
Refund Fund, the Department shall deposit 4.4% into the
Income Tax Surcharge Local Government Distributive Fund in
the State Treasury. Beginning July 1, 1993, and continuing
through June 30, 1994, of the amounts collected under
subsections (a) and (b) of Section 201 of this Act, minus
deposits into the Income Tax Refund Fund, the Department
shall deposit 1.475% into the Income Tax Surcharge Local
Government Distributive Fund in the State Treasury.
(Source: P.A. 89-6, eff. 12-31-95; 90-613, eff. 7-9-98;
90-655, eff. 7-30-98.)
Section 20. The Illinois Public Aid Code is amended by
changing Sections 10-8, 10-10, 10-10.3, 10-11, 10-15, 10-16,
10-17.9, 10-19, 12-9, and 12-10.2 and by adding Sections
10-10.4, 10-10.5, 10-11.2, and 10-26 as follows:
(305 ILCS 5/10-8) (from Ch. 23, par. 10-8)
Sec. 10-8. Support Payments - Partial Support - Full
Support.) The notice to responsible relatives issued
pursuant to Section 10-7 shall direct payment (a) to the
Illinois Department in cases of applicants and recipients
under Articles III, IV, V and VII, (b) except as provided in
Section 10-3.1, to the local governmental unit in the case of
applicants and recipients under Article VI, and (c) to the
Illinois Department in cases of non-applicants and
non-recipients given access to the child and spouse support
services of this Article, as provided by Section 10-1.
However, if the support payments by responsible relatives are
sufficient to meet needs of a recipient in full, including
current and anticipated medical needs, and the Illinois
Department or the local governmental unit, as the case may
be, has reasonable grounds to believe that such needs will
continue to be provided in full by the responsible relatives,
the relatives may be directed to make subsequent support
payments to the needy person or to some person or agency in
his behalf and the recipient shall be removed from the rolls.
In such instance the recipient also shall be notified by
registered or certified mail of the action taken. If a
recipient removed from the rolls requests the Illinois
Department to continue to collect the support payments in his
behalf, the Department, at its option, may do so and pay
amounts so collected to the person. The Department may
provide for deducting any costs incurred by it in making the
collection from the amount of any recovery made and pay only
the net amount to the person.
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.
To the extent the provisions of this Section are
inconsistent with the requirements pertaining to the State
Disbursement Unit under Sections 10-10.4 and 10-26 of this
Code, the requirements pertaining to the State Disbursement
Unit shall apply.
(Source: P.A. 83-1126.)
(305 ILCS 5/10-10) (from Ch. 23, par. 10-10)
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 accordance with the Income Withholding for Support Act
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.
To the extent the provisions of this Section are
inconsistent with the requirements pertaining to the State
Disbursement Unit under Sections 10-10.4 and 10-26 of this
Code, the requirements pertaining to the State Disbursement
Unit shall apply.
(Source: P.A. 90-18, eff. 7-1-97; 90-539, eff. 6-1-98;
90-655, eff. 7-30-98; 90-673, eff. 1-1-99; 90-790, eff.
8-14-98; revised 9-14-98.)
(305 ILCS 5/10-10.3) (from Ch. 23, par. 10-10.3)
Sec. 10-10.3. For those cases in which child support is
payable to the clerk of the circuit court for transmittal to
the Illinois Department by order of court, 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.
To the extent the provisions of this Section are
inconsistent with the requirements pertaining to the State
Disbursement Unit under Sections 10-10.4 and 10-26 of this
Code, the requirements pertaining to the State Disbursement
Unit shall apply.
(Source: P.A. 86-1184.)
(305 ILCS 5/10-10.4 new)
Sec. 10-10.4. Payment of Support to State Disbursement
Unit.
(a) As used in this Section:
"Order for support", "obligor", "obligee", and "payor"
mean those terms as defined in the Income Withholding for
Support Act.
(b) Notwithstanding any other provision of this Code to
the contrary, each court or administrative order for support
entered or modified on or after October 1, 1999 shall require
that support payments be made to the State Disbursement Unit
established under Section 10-26 if:
(1) a party to the order is receiving child and
spouse support services under this Article X; or
(2) no party to the order is receiving child and
spouse support services, but the support payments are
made through income withholding.
(c) The Illinois Department shall provide notice to the
obligor and, where applicable, to the obligor's payor to make
support payments to the State Disbursement Unit if:
(1) the order for support was entered before
October 1, 1999, and a party to the order is receiving
child and spouse support services under this Article X;
or
(2) the order for support was entered after January
1, 1994, no party to the order is receiving child and
spouse support services, and the support payments are
being made through income withholding.
(d) The notice required under subsection (c) 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. A copy of the notice shall
be provided to the obligee and, when the order for support
was entered by the court, to the clerk of the court.
(305 ILCS 5/10-10.5 new)
Sec. 10-10.5. Information to State Case Registry.
(a) When an order for support is entered or modified by
the circuit court under Section 10-10, the clerk of the
circuit court shall, within 5 business days, provide to the
Illinois Department's State Case Registry established under
Section 10-27 of this Code the court docket number and county
in which the order is entered or modified and the following
information, which the parties shall disclose to the court:
(1) The names of the custodial and non-custodial
parents and 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 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.
(b) When a child support order is entered or modified
for a case in which a party is receiving child and spouse
support services under Article X of this Code, the clerk
shall provide the State Case Registry with the following
information:
(1) The information specified in subsection (a) of
this Section.
(2) 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.
(3) Any amounts described in subdivision (2) of
this subsection (b) that have been received by the clerk.
(4) The distribution of the amounts received by the
clerk.
(c) A party shall report to the clerk of the circuit
court changes in information required to the disclosed under
this Section within 5 business days of the change.
(d) To the extent that updated information is in the
clerk's possession, the clerk shall provide updates of the
information specified in subsection (b) of this Section
within 5 business days after the Illinois Department's
request for that updated information.
(305 ILCS 5/10-11) (from Ch. 23, par. 10-11)
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;
90-655, eff. 7-30-98; 90-790, eff. 8-14-98.)
(305 ILCS 5/10-11.2 new)
Sec. 10-11.2. Administrative support order information
for State Case Registry. When the Illinois Department enters
an administrative support order under Section 10-8.1 or
Section 10-11, or modifies such an order, the custodial
parent and the non-custodial parent shall provide to the
Illinois Department, and update as appropriate, the following
information to be included in the State Case Registry
established under Section 10-27:
(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 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) Any other information that may be required
under Title IV, Part D of the Social Security Act or
regulations promulgated thereunder.
(305 ILCS 5/10-15) (from Ch. 23, par. 10-15)
Sec. 10-15. Enforcement of Administrative Order - Costs
and Fees. If a responsible relative refuses, neglects, or
fails to comply with a final administrative support or
reimbursement order of the Illinois Department entered by the
Child and Spouse Support Unit pursuant to Sections 10-11 or
10-11.1 or registered pursuant to Section 10-17.1, the Child
and Spouse Support Unit may file suit against the responsible
relative or relatives to secure compliance with the
administrative order.
Suits shall be instituted in the name of the People of
the State of Illinois on the relation of the Department of
Public Aid of the State of Illinois and the spouse or
dependent children for whom the support order has been
issued.
The court shall order the payment of the support
obligation, or orders for reimbursement of moneys for support
provided, directly to the Illinois Department but the order
shall permit the Illinois Department to direct the
responsible relative or relatives to make payments of support
directly to the spouse or dependent children, or to some
person or agency in his or their behalf, as provided in
Section 10-8 or 10-10, as applicable.
Whenever it is determined in a proceeding to enforce an
administrative order that the responsible relative is
unemployed, and support is sought on behalf of applicants for
or recipients of financial aid under Article IV of this Code
or other persons who are given access to the child and spouse
support services of this Article as provided in Section 10-1,
the court may order the responsible relative 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. In addition, the court may order
the unemployed responsible relative to report to the Illinois
Department for participation in job search, training or work
programs established under Section 9-6 of this Code or to the
Illinois 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.
Charges imposed in accordance with the provisions of
Section 10-21 shall be enforced by the Court in a suit filed
under this Section.
To the extent the provisions of this Section are
inconsistent with the requirements pertaining to the State
Disbursement Unit under Sections 10-10.4 and 10-26 of this
Code, the requirements pertaining to the State Disbursement
Unit shall apply.
(Source: P.A. 85-1440.)
(305 ILCS 5/10-16) (from Ch. 23, par. 10-16)
Sec. 10-16. Judicial enforcement of court and
administrative support orders.) Court orders entered in
proceedings under Section 10-10 and court orders for
enforcement of an administrative order under Section 10-15
and for the payment of money may be enforced by attachment as
for contempt against the persons of the defendants, and in
addition, as other judgments for the payment of money, and
costs may be adjudged against the defendants and apportioned
among them; but if the complaint is dismissed, costs shall be
borne by the Illinois Department or the local governmental
unit, as the case may be. If a responsible relative is
directed by the Illinois Department, or the local
governmental unit, under the conditions stated in Section
10-8, to make support payments directly to the person, or to
some person or agency in his behalf, the court order entered
against him under this Section or Section 10-10 may be
enforced as herein provided if he thereafter fails to furnish
support in accordance with its terms. The State of Illinois
shall not be required to make a deposit for or pay any costs
or fees of any court or officer thereof in any proceeding
instituted under this Section.
The provisions of the Civil Practice Law, and all
amendments and modifications thereof, shall apply to and
govern all actions instituted under this Section and Section
10-10. In such actions proof that a person is an applicant
for or recipient of public aid under any Article of this Code
shall be prima facie proof that he is a person in necessitous
circumstances by reason of infirmity, unemployment or other
cause depriving him of the means of a livelihood compatible
with health and well-being.
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.
In addition to the penalties or punishment that may be
imposed under this Section, any person whose conduct
constitutes a violation of Section 1 of the Non-Support of
Spouse and Children Act may be prosecuted under that Section,
and a person convicted under that Section may be sentenced in
accordance with that Section. The sentence may include but
need not be limited to a requirement that the person perform
community service under subsection (b) of that Section or
participate in a work alternative program under subsection
(c) of that Section. A person may not be required to
participate in a work alternative program under subsection
(c) of that Section if the person is currently participating
in a work program pursuant to Section 10-11.1 of this Code.
To the extent the provisions of this Section are
inconsistent with the requirements pertaining to the State
Disbursement Unit under Sections 10-10.4 and 10-26 of this
Code, the requirements pertaining to the State Disbursement
Unit shall apply.
(Source: P.A. 90-733, eff. 8-11-98.)
(305 ILCS 5/10-17.9)
Sec. 10-17.9. Past due support information to State
Department of Revenue.
(a) The Illinois Department may provide by rule for
certification to the Illinois Department of Revenue of past
due support owed by responsible relatives under a support
order entered by a court or administrative body of this or
any other State on behalf of resident or non-resident
persons. The rule shall provide for notice to and an
opportunity to be heard by each responsible relative
affected. Any final administrative decision rendered by the
Department shall be reviewed only under and in accordance
with the Administrative Review Law. A responsible relative
may avoid certification to the Illinois Department of Revenue
by establishing a satisfactory repayment record as determined
by the Illinois Department of Public Aid.
(b) A certified past due support amount shall be final.
The certified amount shall be payable to the Illinois
Department of Revenue upon written notification of the
certification to the responsible relative by the Illinois
Department of Revenue.
(c) In the event a responsible relative overpays
pursuant to collection under this Section and the applicable
Sections of the Illinois Income Tax Act, the overpayment
shall be a credit against future support obligations. If the
current support obligation of the responsible relative has
terminated under operation of law or court order, any moneys
overpaid but still in the possession of the Department shall
be promptly returned to the responsible relative.
(d) Except as otherwise provided in this Article, any
child support delinquency certified to the Illinois
Department of Revenue shall be treated as a child support
delinquency for all other purposes, and any collection action
by the State's Attorney or the Illinois Department of Revenue
with respect to any delinquency certified under this Article
shall have the same priority against attachment, execution,
assignment, or other collection action as is provided by any
other provision of State law.
(e) Any child support delinquency collected by the
Illinois Department of Revenue, including those amounts that
result in overpayment of a child support delinquency, shall
be paid to the State Disbursement Unit established under
Section 10-26 deposited in, or transferred to, the Child
Support Enforcement Trust Fund.
(Source: P.A. 89-6, eff. 12-31-95.)
(305 ILCS 5/10-19) (from Ch. 23, par. 10-19)
Sec. 10-19. (Support payments ordered under other laws;
where deposited.) The Illinois Department and local
governmental units are authorized to receive payments
directed by court order for the support of recipients, as
provided in the following Acts:
1. "Non-Support of Spouse and Children Act", approved
June 24, 1915, as amended,
2. "Illinois Marriage and Dissolution of Marriage Act",
as now or hereafter amended,
3. The Illinois Parentage Act, as amended,
4. "Revised Uniform Reciprocal Enforcement of Support
Act", approved August 28, 1969, as amended,
5. The Juvenile Court Act or the Juvenile Court Act of
1987, as amended,
6. The "Unified Code of Corrections", approved July 26,
1972, as amended,
7. Part 7 of Article XII of the Code of Civil Procedure,
as amended,
8. Part 8 of Article XII of the Code of Civil Procedure,
as amended, and
9. Other laws which may provide by judicial order for
direct payment of support moneys.
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.
To the extent the provisions of this Section are
inconsistent with the requirements pertaining to the State
Disbursement Unit under Sections 10-10.4 and 10-26 of this
Code, the requirements pertaining to the State Disbursement
Unit shall apply.
(Source: P.A. 86-1028.)
(305 ILCS 5/10-26 new)
Sec. 10-26. State Disbursement Unit.
(a) Effective October 1, 1999 the Illinois Department
shall establish a State Disbursement Unit in accordance with
the requirements of Title IV-D of the Social Security Act.
The Illinois Department shall enter into an agreement with a
State or local governmental unit or private entity to perform
the functions of the State Disbursement Unit as set forth in
this Section. The purpose of the State Disbursement Unit
shall be to collect and disburse support payments made under
court and administrative support orders:
(1) being enforced in cases in which child and
spouse support services are being provided under this
Article X; and
(2) in all cases in which the order for support was
entered after January 1, 1994, child and spouse support
services are not being provided under this Article X, and
in which support payments are made under the provisions
of the Income Withholding for Support Act.
(b) All payments received by the State Disbursement
Unit:
(1) shall be deposited into an account obtained by
the State or local governmental unit or private entity,
as the case may be, and
(2) distributed and disbursed by the State
Disbursement Unit, in accordance with the directions of
the Illinois Department, pursuant to Title IV-D of the
Social Security Act and rules promulgated by the
Department.
(c) All support payments assigned to the Illinois
Department under Article X of this Code and rules promulgated
by the Illinois Department that are disbursed to the Illinois
Department by the State Disbursement Unit shall be paid into
the Child Support Enforcement Trust Fund.
(d) If the agreement with the State or local
governmental unit or private entity provided for in this
Section is not in effect for any reason, the Department shall
perform the functions of the State Disbursement Unit as set
forth in this Section for a maximum of 12 months.
(305 ILCS 5/12-9) (from Ch. 23, par. 12-9)
Sec. 12-9. Public Assistance Recoveries Trust Fund;
uses. The Public Assistance Recoveries Trust Fund shall
consist of recoveries authorized by this Code in respect to
applicants or recipients under Articles III, IV, V, VI and
VII, including recoveries from the estates of deceased
recipients, and payments received by the Illinois Department
under Sections 10-3.1, 10-8, 10-10, 10-16, and 10-19 except
those pursuant to the Child Support Enforcement Program
established by Title IV-D of the Social Security Act and
required to be paid to the State Disbursement Unit
established under Section 10-26 of this Code or into the
Child Support Enforcement Trust Fund under Section 12-10.2 of
this Code, that are required by such Sections to be paid into
the Public Assistance Recoveries Trust Fund. Until July 1,
1998, this fund shall be held by the State treasurer as
ex-officio custodian outside the State treasury. After June
30, 1998, the fund shall be held as a special fund in the
State treasury.
Disbursements from this fund shall be only (1) for the
reimbursement of claims collected by the Illinois Department
through error or mistake, (2) for payment to persons or
agencies designated as payees or co-payees on any instrument,
whether or not negotiable, delivered to the Illinois
Department as a recovery under this Section, such payment to
be in proportion to the respective interests of the payees in
the amount so collected, (3) for payments to non-recipients,
or to former recipients of financial aid of the collections
which are made in their behalf under Article X except those
pursuant to the Child Support Enforcement Program established
by Title IV-D of the Social Security Act required to be paid
from the State Disbursement Unit Revolving Fund under Section
12-8.1 of this Code or from the Child Support Enforcement
Trust Fund under Section 12-10.2 of this Code, (4) for
payment to local governmental units of support payments
collected by the Illinois Department pursuant to an agreement
under Section 10-3.1, (5) for payment of administrative
expenses incurred in performing the activities authorized by
Article X except those pursuant to the Child Support
Enforcement Program established by Title IV-D of the Social
Security Act required to be paid from the Child Support
Enforcement Trust Fund under Section 12-10.2 of this Code,
(6) for payment of fees to persons or agencies in the
performance of activities pursuant to the collection of
monies owed the State except those monies pursuant to the
Child Support Enforcement Program established by Title IV-D
of the Social Security Act required to be paid from the Child
Support Enforcement Trust Fund under Section 12-10.2 of this
Code, (7) for payments of any amounts which are reimbursable
to the Federal government which are required to be paid by
State warrant by either the State or Federal government and
(8) for disbursements to attorneys or advocates for legal
representation in an appeal of any claim for federal
Supplemental Security Income benefits before an
administrative law judge as provided for in Section 3-13 of
this Code. Until July 1, 1998, disbursements from this fund
shall be by warrants drawn by the State Comptroller as
receipt of vouchers duly executed and certified by the
Illinois Department. After June 30, 1998, disbursements from
this fund for purposes of items (5), (6), and (8) of this
paragraph shall be subject to appropriations from the fund to
the Illinois Department.
The balance in this fund on the first day of each
calendar quarter, after payment therefrom of any amounts
reimbursable to the Federal Government, and minus the amount
reasonably anticipated to be needed to make the disbursements
during that quarter authorized by this Section, shall be
certified by the Director of the Illinois Department and
transferred by the State Comptroller to the General Revenue
Fund in the State Treasury within 30 days of the first day of
each calendar quarter.
(Source: P.A. 90-255, eff. 1-1-98.)
(305 ILCS 5/12-10.2) (from Ch. 23, par. 12-10.2)
Sec. 12-10.2. The Child Support Enforcement Trust Fund,
to be held by the State Treasurer as ex-officio custodian
outside the State Treasury, pursuant to the Child Support
Enforcement Program established by Title IV-D of the Social
Security Act, shall consist of (1) all support payments
assigned to the Illinois Department under Article X of this
Code and rules promulgated by the Illinois Department that
are disbursed to the Illinois Department by the State
Disbursement Unit established under Section 10-26 received by
the Illinois Department under Sections 10-8, 10-10, 10-16 and
10-19 that are required by such Sections to be paid into the
Child Support Enforcement Trust Fund, and (2) all federal
grants received by the Illinois Department funded by Title
IV-D of the Social Security Act, except those federal funds
received under the Title IV-D program as reimbursement for
expenditures from the General Revenue Fund, and (3) incentive
payments received by the Illinois Department from other
states or political subdivisions of other states for the
enforcement and collection by the Department of an assigned
child support obligation in behalf of such other states or
their political subdivisions pursuant to the provisions of
Title IV-D of the Social Security Act, and (4) incentive
payments retained by the Illinois Department from the amounts
which otherwise would be paid to the Federal government to
reimburse the Federal government's share of the support
collection for the Department's enforcement and collection of
an assigned support obligation on behalf of the State of
Illinois pursuant to the provisions of Title IV-D of the
Social Security Act, and (5) all fees charged by the
Department for child support enforcement services, as
authorized under Title IV-D of the Social Security Act and
Section 10-1 of this Code, and any other fees, costs, fines,
recoveries, or penalties provided for by State or federal law
and received by the Department under the Child Support
Enforcement Program established by Title IV-D of the Social
Security Act, and (6) all amounts appropriated by the General
Assembly for deposit into the Fund.
Disbursements from this Fund shall be only for the
following purposes: (1) for the reimbursement of funds
received by the Illinois Department through error or mistake,
and (2) (blank) for payments to non-recipients, current
recipients and former recipients of financial aid of support
payments received on their behalf under Article X of this
Code, pursuant to the provisions of Title IV-D of the Social
Security Act and rules promulgated by the Department, and (3)
for payment of any administrative expenses, including payment
to the Health Insurance Reserve Fund for group insurance
costs at the rate certified by the Department of Central
Management Services, except those required to be paid from
the General Revenue Fund, including personal and contractual
services, incurred in performing the Title IV-D activities
authorized by Article X of this Code, and (4) for the
reimbursement of the Public Assistance Emergency Revolving
Fund for expenditures made from that Fund for payments to
former recipients of public aid for child support made to the
Illinois Department when the former public aid recipient is
legally entitled to all or part of the child support
payments, pursuant to the provisions of Title IV-D of the
Social Security Act, and (5) for the payment of incentive
amounts owed to other states or political subdivisions of
other states that enforce and collect an assigned support
obligation on behalf of the State of Illinois pursuant to the
provisions of Title IV-D of the Social Security Act, and (6)
for the payment of incentive amounts owed to political
subdivisions of the State of Illinois that enforce and
collect an assigned support obligation on behalf of the State
pursuant to the provisions of Title IV-D of the Social
Security Act, and (7) for payments of any amounts which are
reimbursable to the Federal government which are required to
be paid by State warrant by either the State or Federal
government. Disbursements from this Fund shall be by warrants
drawn by the State Comptroller on receipt of vouchers duly
executed and certified by the Illinois Department or any
other State agency that receives an appropriation from the
Fund.
(Source: P.A. 89-21, eff. 7-1-95; 89-499, eff. 6-28-96;
90-18, eff. 7-1-97; 90-587, eff. 6-4-98.)
Section 22. The Code of Civil Procedure is amended by
changing Section 2-101 as follows:
(735 ILCS 5/2-101) (from Ch. 110, par. 2-101)
Sec. 2-101. Generally. Except as otherwise provided in
this Act, every action must be commenced (1) in the county of
residence of any defendant who is joined in good faith and
with probable cause for the purpose of obtaining a judgment
against him or her and not solely for the purpose of fixing
venue in that county, or (2) in the county in which the
transaction or some part thereof occurred out of which the
cause of action arose.
If a check, draft, money order, or other instrument for
the payment of child support payable to or delivered to the
State Disbursement Unit established under Section 10-26 of
the Illinois Public Aid Code is returned by the bank or
depository for any reason, venue for the enforcement of any
criminal proceedings or civil cause of action for recovery
and attorney fees shall be in the county where the principal
office of the State Disbursement Unit is located.
If all defendants are nonresidents of the State, an
action may be commenced in any county.
If the corporate limits of a city, village or town extend
into more than one county, then the venue of an action or
proceeding instituted by that municipality to enforce any
fine, imprisonment, penalty or forfeiture for violation of
any ordinance of that municipality, regardless of the county
in which the violation was committed or occurred, may be in
the appropriate court (i) in the county wherein the office of
the clerk of the municipality is located or (ii) in any
county in which at least 35% of the territory within the
municipality's corporate limits is located.
(Source: P.A. 89-28, eff. 1-1-96.)
Section 25. The Illinois Marriage and Dissolution of
Marriage Act is amended by changing Sections 507, 705, and
709 and adding Sections 505.3 and 507.1 as follows:
(750 ILCS 5/505.3 new)
Sec. 505.3. Information to State Case Registry.
(a) When an order for support is entered or modified
under this Act, the clerk of the circuit court shall, within
5 business days, provide to the State Case Registry
established under Section 10-27 of the Illinois Public Aid
Code the court docket number and county in which the order is
entered or modified and the following information, which the
parties shall disclose to the court:
(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 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.
(b) When a child support order is entered or modified
for a case in which a party is receiving child and spouse
support services under Article X of the Illinois Public Aid
Code, the clerk shall provide the State Case Registry with
the following information:
(1) The information specified in subsection (a) of
this Section.
(2) 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.
(3) Any amounts described in subdivision (2) of
this subsection (b) that have been received by the clerk.
(4) The distribution of the amounts received by the
clerk.
(c) A party shall report to the clerk of the circuit
court changes in information required to the disclosed under
this Section within 5 business days of the change.
(d) To the extent that updated information is in the
clerk's possession, the clerk shall provide updates of the
information specified in subsection (b) of this Section
within 5 business days after the Illinois Department of
Public Aid's request for that updated information.
(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 accordance with the Income Withholding for Support
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.
(e) To the extent the provisions of this Section are
inconsistent with the requirements pertaining to the State
Disbursement Unit under Section 507.1 of this Act and Section
10-26 of the Illinois Public Aid Code, the requirements
pertaining to the State Disbursement Unit shall apply.
(Source: P.A. 90-18, eff. 7-1-97; 90-673, eff. 1-1-99;
90-790, eff. 8-14-98; revised 9-14-98.)
(750 ILCS 5/507.1 new)
Sec. 507.1. Payment of Support to State Disbursement
Unit.
(a) As used in this Section:
"Order for support", "obligor", "obligee", and "payor"
mean those terms as defined in the Income Withholding for
Support Act.
(b) Notwithstanding any other provision of this Act to
the contrary, each order for support entered or modified on
or after October 1, 1999 shall require that support payments
be made to the State Disbursement Unit established under
Section 10-26 of the Illinois Public Aid Code if:
(1) a party to the order is receiving child and
spouse support services under Article X of the Illinois
Public Aid Code; or
(2) no party to the order is receiving child and
spouse support services, but the support payments are
made through income withholding.
(c) The Illinois Department of Public Aid shall provide
notice to the obligor and, where applicable, to the obligor's
payor to make support payments to the State Disbursement Unit
if:
(1) the order for support was entered before
October 1, 1999, and a party to the order is receiving
child and spouse support services under Article X of the
Illinois Public Aid Code; or
(2) the order for support was entered after January
1, 1994, no party to the order is receiving child and
spouse support services, and the support payments are
being made through income withholding.
(d) The notice required under subsection (c) 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. The Illinois Department of
Public Aid shall provide a copy of the notice to the obligee
and to the clerk of the court.
(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 effect in accordance with the Income Withholding for
Support
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.
(8) To the extent the provisions of this Section are
inconsistent with the requirements pertaining to the State
Disbursement Unit under Section 507.1 of this Act and Section
10-26 of the Illinois Public Aid Code, the requirements
pertaining to the State Disbursement Unit shall apply.
(Source: P.A. 90-18, eff. 7-1-97; 90-673, eff. 1-1-99;
90-790, eff. 8-14-98; revised 9-14-98.)
(750 ILCS 5/709) (from Ch. 40, par. 709)
Sec. 709. Mandatory child support payments to clerk.
(a) As of January 1, 1982, child support orders entered
in any county covered by this subsection shall be made
pursuant to the provisions of Sections 709 through 712 of
this Act. For purposes of these Sections, the term "child
support payment" or "payment" shall include any payment
ordered to be made solely for the purpose of the support of a
child or children or any payment ordered for general support
which includes any amount for support of any child or
children.
The provisions of Sections 709 through 712 shall be
applicable to any county with a population of 2 million or
more and to any other county which notifies the Supreme Court
of its desire to be included within the coverage of these
Sections and is certified pursuant to Supreme Court Rules.
The effective date of inclusion, however, shall be
subject to approval of the application for reimbursement of
the costs of the support program by the Department of Public
Aid as provided in Section 712.
(b) In any proceeding for a dissolution of marriage,
legal separation, or declaration of invalidity of marriage,
or in any supplementary proceedings in which a judgment or
modification thereof for the payment of child support is
entered on or after January 1, 1982, in any county covered by
Sections 709 through 712, and the person entitled to payment
is receiving a grant of financial aid under Article IV of the
Illinois Public Aid Code or has applied and qualified for
support services under Section 10-1 of that Code, the court
shall direct: (1) that such payments be made to the clerk of
the court and (2) that the parties affected shall each
thereafter notify the clerk of any change of address or
change in other conditions that may affect the administration
of the order, including the fact that a party who was
previously not on public aid has become a recipient of public
aid, within 10 days of such change. All notices sent to the
obligor's last known address on file with the clerk shall be
deemed sufficient to proceed with enforcement pursuant to the
provisions of Sections 709 through 712.
In all other cases, the court may direct that payments be
made to the clerk of the court.
(c) Except as provided in subsection (d) of this
Section, the clerk shall disburse the payments to the person
or persons entitled thereto under the terms of the order or
judgment.
(d) The court shall determine, prior to the entry of the
support order, if the party who is to receive the support is
presently receiving public aid or has a current application
for public aid pending and shall enter the finding on the
record.
If the person entitled to payment is a recipient of aid
under the Illinois Public Aid Code, the clerk, upon being
informed of this fact by finding of the court, by
notification by the party entitled to payment, by the
Illinois Department of Public Aid or by the local
governmental unit, shall make all payments to: (1) the
Illinois Department of Public Aid if the person is a
recipient under Article III, IV, or V of the Code or (2) the
local governmental unit responsible for his or her support if
the person is a recipient under Article 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. Upon
termination of public aid payments to such a recipient or
termination of services under Article X of the Illinois
Public Aid Code, the Illinois Department of Public Aid or the
appropriate local governmental unit shall notify the clerk in
writing or by electronic transmission that all subsequent
payments are to be sent directly to the person entitled
thereto.
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.
(e) Any order or judgment may be amended by the court,
upon its own motion or upon the motion of either party, to
conform with the provisions of Sections 709 through 712,
either as to the requirement of making payments to the clerk
or, where payments are already being made to the clerk, as to
the statutory fees provided for under Section 711.
(f) The clerk may invest in any interest bearing account
or in any securities, monies collected for the benefit of a
payee, where such payee cannot be found; however, the
investment may be only for the period until the clerk is able
to locate and present the payee with such monies. The clerk
may invest in any interest bearing account, or in any
securities, monies collected for the benefit of any other
payee; however, this does not alter the clerk's obligation to
make payments to the payee in a timely manner. Any interest
or capital gains accrued shall be for the benefit of the
county and shall be paid into the special fund established in
subsection (b) of Section 711.
(g) The clerk shall establish and maintain a payment
record of all monies received and disbursed and such record
shall constitute prima facie evidence of such payment and
non-payment, as the case may be.
(h) 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.
(i) To the extent the provisions of this Section are
inconsistent with the requirements pertaining to the State
Disbursement Unit under Section 507.1 of this Act and Section
10-26 of the Illinois Public Aid Code, the requirements
pertaining to the State Disbursement Unit shall apply.
(Source: P.A. 87-1252; 88-687, eff. 1-24-95.)
Section 30. The Non-Support of Spouse and Children Act
is amended by changing Section 2.1 and adding Sections 2.2
and 12.2 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 accordance with the Income Withholding for Support
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.
(7) To the extent the provisions of this Section are
inconsistent with the requirements pertaining to the State
Disbursement Unit under Section 2.2 of this Act and Section
10-26 of the Illinois Public Aid Code, the requirements
pertaining to the State Disbursement Unit shall apply.
(Source: P.A. 90-18, eff. 7-1-97; 90-673, eff. 1-1-99;
90-790, eff. 8-14-98; revised 9-14-98.)
(750 ILCS 15/2.2 new)
Sec. 2.2. Payment of Support to State Disbursement Unit.
(a) As used in this Section:
"Order for support", "obligor", "obligee", and "payor"
mean those terms as defined in the Income Withholding for
Support Act.
(b) Notwithstanding any other provision of this Act to
the contrary, each order for support entered or modified on
or after October 1, 1999 shall require that support payments
be made to the State Disbursement Unit established under
Section 10-26 of the Illinois Public Aid Code if:
(1) a party to the order is receiving child and
spouse support services under Article X of the Illinois
Public Aid Code; or
(2) no party to the order is receiving child and
spouse support services, but the support payments are
made through income withholding.
(c) The Illinois Department of Public Aid shall provide
notice to the obligor and, where applicable, to the obligor's
payor to make support payments to the State Disbursement Unit
if:
(1) the order for support was entered before
October 1, 1999, and a party to the order is receiving
child and spouse support services under Article X of the
Illinois Public Aid Code; or
(2) the order for support was entered after January
1, 1994, no party to the order is receiving child and
spouse support services, and the support payments are
being made through income withholding.
(d) The notice required under subsection (c) 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. The Illinois Department of
Public Aid shall provide a copy of the notice to the obligee
and to the clerk of the court.
(750 ILCS 15/12.2 new)
Sec. 12.2. Information to State Case Registry.
(a) When an order for support is entered or modified
under this Act, the clerk of the circuit court shall, within
5 business days, provide to the State Case Registry
established under Section 10-27 of the Illinois Public Aid
Code the court docket number and county in which the order is
entered or modified and the following information, which the
parties shall disclose to the court:
(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 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.
(b) When a child support order is entered or modified
for a case in which a party is receiving child and spouse
support services under Article X of the Illinois Public Aid
Code, the clerk shall provide the State Case Registry with
the following information:
(1) The information specified in subsection (a) of
this Section.
(2) 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.
(3) Any amounts described in subdivision (2) of
this subsection (b) that have been received by the clerk.
(4) The distribution of the amounts received by the
clerk.
(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) To the extent that updated information is in the
clerk's possession, the clerk shall provide updates of the
information specified in subsection (b) of this Section
within 5 business days after the Illinois Department of
Public Aid's request for that updated information.
Section 35. The Income Withholding for Support Act is
amended by changing Sections 15, 20, 35, and 45 as follows:
(750 ILCS 28/15)
Sec. 15. Definitions.
(a) "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:
(1) modification or resumption of, or payment of
arrearage accrued under, a previously existing order;
(2) reimbursement of support;
(3) payment or reimbursement of the expenses of
pregnancy and delivery (for orders for support entered
under the Illinois Parentage Act of 1984 or its
predecessor the Paternity Act); or
(4) enrollment in a health insurance plan that is
available to the obligor through an employer or labor
union or trade union.
(b) "Arrearage" means the total amount of unpaid support
obligations as determined by the court and incorporated into
an order for support.
(b-5) "Business day" means a day on which State offices
are open for regular business.
(c) "Delinquency" means any payment under an order for
support which becomes due and remains unpaid after entry of
the order for support.
(d) "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:
(1) 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;
(2) union dues;
(3) any amounts exempted by the federal Consumer
Credit Protection Act;
(4) public assistance payments; and
(5) 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.
(e) "Obligor" means the individual who owes a duty to
make payments under an order for support.
(f) "Obligee" means the individual to whom a duty of
support is owed or the individual's legal representative.
(g) "Payor" means any payor of income to an obligor.
(h) "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.
(i) "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.
(j) "State Disbursement Unit" means the unit established
to collect and disburse support payments in accordance with
the provisions of Section 10-26 of the Illinois Public Aid
Code.
(Source: P.A. 90-673, eff. 1-1-99; incorporates P.A. 90-790,
eff. 8-14-98; revised 9-14-98.)
(750 ILCS 28/20)
Sec. 20. Entry of order for support containing income
withholding provisions; income withholding notice.
(a) In addition to any content required under other
laws, every order for support entered on or after July 1,
1997, shall:
(1) 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
(2) 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
(3) 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.
(b) 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.
(c) The income withholding notice shall:
(1) be in the standard format prescribed by the
federal Department of Health and Human Services; and
(1.1) state the date of entry of the order for
support upon which the income withholding notice is
based; and
(2) direct any payor to withhold the dollar amount
required for current support under the order for support;
and
(3) 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
(4) 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
(5) state the amount of the payor income
withholding fee specified under this Section; and
(6) 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
(7) 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
(8) state the rights, remedies, and duties of the
obligor under this Section; and
(9) include the obligor's Social Security Numbers
of the obligor, the obligee, and the child or children
included in the order for support Number; and
(10) 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.
(11) 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; and
(12) direct any payor to pay over amounts withheld
for payment of support to the State Disbursement Unit.
(d) The accrual of a delinquency as a condition for
service of an income withholding notice, under the exception
to immediate withholding in subsection (a) of this Section,
shall apply only to the initial service of an income
withholding notice on a payor of the obligor.
(e) Notwithstanding the exception to immediate
withholding contained in subsection (a) of this Section, 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.
(f) If the order for support, under the exception to
immediate withholding contained in subsection (a) of this
Section, 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.
(g) 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.
(h) At any time after the initial service of an income
withholding notice, 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.
(i) New service of an income withholding notice is not
required in order to resume withholding of income in the case
of an obligor with respect to whom an income 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.
(Source: P.A. 90-673, eff. 1-1-99; incorporates P.A. 90-790,
eff. 8-14-98; revised 9-14-98.)
(750 ILCS 28/35)
Sec. 35. Duties of payor.
(a) 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 Section. The payor shall
deduct the amount designated in the income withholding
notice, as supplemented by any notice provided pursuant to
subsection (f) of Section 45, 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 State Disbursement Unit
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 State
Disbursement Unit 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
State Disbursement Unit 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 State Disbursement Unit 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 Act must be documented by a certified mail return
receipt showing the date the income withholding notice was
served on the payor. For purposes of this Act, 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 State
Disbursement Unit 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.
(b) 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 Act.
(c) Withholding of income under this Act 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 Act 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.
(d) No payor shall discharge, discipline, refuse to hire
or otherwise penalize any obligor because of the duty to
withhold income.
(Source: P.A. 90-673, eff. 1-1-99.)
(750 ILCS 28/45)
Sec. 45. Additional duties.
(a) An obligee who is receiving income withholding
payments under this Act shall notify the State Disbursement
Unit and 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.
(b) 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.
(c) Each obligor shall notify the obligee, the public
office, and the Clerk of the Circuit Court of any change of
address within 7 days.
(d) An obligor whose income is being withheld or who has
been served with a notice of delinquency pursuant to this Act
shall notify the obligee, the public office, and the Clerk of
the Circuit Court of any new payor, within 7 days.
(e) (Blank.) 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.
(f) 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.
(g) The State Disbursement Unit 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
income withholding payments and their disbursements.
Certified copies of payment records maintained by the State
Disbursement Unit, a public office, or the Clerk of the
Circuit Court shall, without further proof, be admitted into
evidence in any legal proceedings under this Act.
(h) The Illinois Department of Public Aid shall design
suggested legal forms for proceeding under this Act 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.
(i) At the time of transmitting each support payment,
the State Disbursement Unit 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.
(Source: P.A. 90-673, eff. 1-1-99; incorporates P.A. 90-790,
eff. 8-14-98; revised 9-14-98.)
Section 40. The Illinois Parentage Act of 1984 is
amended by changing Section 21 and adding Sections 14.1 and
21.1 as follows:
(750 ILCS 45/14.1 new)
Sec. 14.1. Information to State Case Registry.
(a) When an order for support is entered or modified
under this Act, the clerk of the circuit court shall, within
5 business days, provide to the State Case Registry
established under Section 10-27 of the Illinois Public Aid
Code the court docket number and county in which the order
is entered or modified and the following information,
which the parties shall disclose to the court:
(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 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.
(b) When a child support order is entered or modified
for a case in which a party is receiving child and spouse
support services under Article X of the Illinois Public Aid
Code, the clerk shall provide the State Case Registry with
the following information:
(1) The information specified in subsection (a) of
this Section.
(2) 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.
(3) Any amounts described in subdivision (2) of
this subsection (b) that have been received by the clerk.
(4) The distribution of the amounts received by the
clerk.
(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) To the extent that updated information is in the
clerk's possession, the clerk shall provide updates of the
information specified in subsection (b) of this Section
within 5 business days after the Illinois Department of
Public Aid's request for that updated information.
(750 ILCS 45/21) (from Ch. 40, par. 2521)
Sec. 21. Support payments; receiving and disbursing
agents.
(1) In an action filed in a county counties of less than
3 million population in which an order for child support is
entered, and in supplementary proceedings in such a county
counties to enforce or vary the terms of such order arising
out of an action filed in such a county 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 a county counties of 3 million
or more population in which an order for child support is
entered, and in supplementary proceedings in such a county
counties to enforce or vary the terms of such order arising
out of an action filed date in such a county 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 accordance with the Income Withholding for Support
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.
(7) To the extent the provisions of this Section are
inconsistent with the requirements pertaining to the State
Disbursement Unit under Section 21.1 of this Act and Section
10-26 of the Illinois Public Aid Code, the requirements
pertaining to the State Disbursement Unit shall apply.
(Source: P.A. 90-18, eff. 7-1-97; 90-673, eff. 1-1-99;
90-790, eff. 8-14-98; revised 11-5-98.)
(750 ILCS 45/21.1 new)
Sec. 21.1. Payment of Support to State Disbursement Unit.
(a) As used in this Section:
"Order for support", "obligor", "obligee", and "payor"
mean those terms as defined in the Income Withholding for
Support Act.
(b) Notwithstanding any other provision of this Act to
the contrary, each order for support entered or modified on
or after October 1, 1999 shall require that support payments
be made to the State Disbursement Unit established under
Section 10-26 of the Illinois Public Aid Code if:
(1) a party to the order is receiving child and
spouse support services under Article X of the Illinois
Public Aid Code; or
(2) no party to the order is receiving child and
spouse support services, but the support payments are
made through income withholding.
(c) The Illinois Department of Public Aid shall provide
notice to the obligor and, where applicable, to the obligor's
payor to make support payments to the State Disbursement Unit
if:
(1) the order for support was entered before October
1, 1999, and a party to the order is receiving child and
spouse support services under Article X of the Illinois
Public Aid Code; or
(2) the order for support was entered after January
1, 1994, no party to the order is receiving child and
spouse support services, and the support payments are
being made through income withholding.
(d) The notice required under subsection (c) 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. The Illinois Department of
Public Aid shall provide a copy of the notice to the obligee
and to the clerk of the court.
Section 45. The Unemployment Insurance Act is amended by
changing Section 1300 as follows:
(820 ILCS 405/1300) (from Ch. 48, par. 540)
Sec. 1300. Waiver or transfer of benefit rights -
Partial exemption.
(A) Except as otherwise provided herein any agreement by
an individual to waive, release or commute his rights under
this Act shall be void.
(B) Benefits due under this Act shall not be assigned,
pledged, encumbered, released or commuted and shall be exempt
from all claims of creditors and from levy, execution and
attachment or other remedy for recovery or collection of a
debt. However, nothing in this Section shall prohibit a
specified or agreed upon deduction from benefits by an
individual, or a court or administrative order for
withholding of income, for payment of past due child support
from being enforced and collected by the Department of Public
Aid on behalf of persons receiving a grant of financial aid
under Article IV of The Illinois Public Aid Code, persons for
whom an application has been made and approved for support
services under Section 10-1 of such Code, or persons
similarly situated and receiving like support services in
other states. It is provided that:
(1) The aforementioned deduction of benefits and
order for withholding of income apply only if appropriate
arrangements have been made for reimbursement to the
Director by the Department of Public Aid for any
administrative costs incurred by the Director under this
Section.
(2) The Director shall deduct and withhold from
benefits payable under this Act, or under any arrangement
for the payment of benefits entered into by the Director
pursuant to the powers granted under Section 2700 of this
Act, the amount specified or agreed upon. In the case of
a court or administrative order for withholding of
income, the Director shall withhold the amount of the
order.
(3) Any amount deducted and withheld by the
Director shall be paid to the State Disbursement Unit
established under Section 10-26 of the Illinois Public
Aid Code Department of Public Aid on behalf of the
individual.
(4) Any amount deducted and withheld under
subsection (3) shall for all purposes be treated as if it
were paid to the individual as benefits and paid by such
individual to the State Disbursement Unit Department of
Public Aid in satisfaction of the individual's child
support obligations.
(5) For the purpose of this Section, child support
is defined as those obligations which are being enforced
pursuant to a plan described in Title IV, Part D, Section
454 of the Social Security Act and approved by the
Secretary of Health and Human Services.
(6) The deduction of benefits and order for
withholding of income for child support shall be governed
by Titles III and IV of the Social Security Act and all
regulations duly promulgated thereunder.
(C) Nothing in this Section prohibits an individual from
voluntarily electing to have federal income tax deducted and
withheld from his or her unemployment insurance benefit
payments.
(1) The Director shall, at the time that an
individual files his or her claim for benefits that
establishes his or her benefit year, inform the
individual that:
(a) unemployment insurance is subject to
federal, State, and local income taxes;
(b) requirements exist pertaining to estimated
tax payments;
(c) the individual may elect to have federal
income tax deducted and withheld from his or her
payments of unemployment insurance in the amount
specified in the federal Internal Revenue Code; and
(d) the individual is permitted to change a
previously elected withholding status.
(2) Amounts deducted and withheld from unemployment
insurance shall remain in the unemployment fund until
transferred to the federal taxing authority as a payment
of income tax.
(3) The Director shall follow all procedures
specified by the United States Department of Labor and
the federal Internal Revenue Service pertaining to the
deducting and withholding of income tax.
(4) Amounts shall be deducted and withheld in
accordance with the priorities established in rules
promulgated by the Director.
(D) Nothing in this Section prohibits an individual from
voluntarily electing to have State of Illinois income tax
deducted and withheld from his or her unemployment insurance
benefit payments if such deduction and withholding is
provided for pursuant to rules promulgated by the Director.
(1) If pursuant to rules promulgated by the
Director, an individual may voluntarily elect to have
State of Illinois income tax deducted and withheld from
his or her unemployment insurance benefit payments, the
Director shall, at the time that an individual files his
or her claim for benefits that establishes his or her
benefit year, in addition to providing the notice
required under subsection C, inform the individual that:
(a) the individual may elect to have State of
Illinois income tax deducted and withheld from his
or her payments of unemployment insurance in the
amount specified pursuant to rules promulgated by
the Director; and
(b) the individual is permitted to change a
previously elected withholding status.
(2) Amounts deducted and withheld from unemployment
insurance shall remain in the unemployment fund until
transferred to the Department of Revenue as a payment of
State of Illinois income tax.
(3) Amounts shall be deducted and withheld in
accordance with the priorities established in rules
promulgated by the Director.
(E) Nothing in this Section prohibits the deduction and
withholding of an uncollected overissuance of food stamp
coupons from unemployment insurance benefits pursuant to this
subsection (E).
(1) At the time that an individual files a claim
for benefits that establishes his or her benefit year,
that individual must disclose whether or not he or she
owes an uncollected overissuance (as defined in Section
13(c)(1) of the federal Food Stamp Act of 1977) of food
stamp coupons. The Director shall notify the State food
stamp agency enforcing such obligation of any individual
who discloses that he or she owes an uncollected
overissuance of food stamp coupons and who meets the
monetary eligibility requirements of subsection E of
Section 500.
(2) The Director shall deduct and withhold from any
unemployment insurance benefits payable to an individual
who owes an uncollected overissuance of food stamp
coupons:
(a) the amount specified by the individual to
the Director to be deducted and withheld under this
subsection (E);
(b) the amount (if any) determined pursuant to
an agreement submitted to the State food stamp
agency under Section 13(c)(3)(A) of the federal Food
Stamp Act of 1977; or
(c) any amount otherwise required to be
deducted and withheld from unemployment insurance
benefits pursuant to Section 13(c)(3)(B) of the
federal Food Stamp Act of 1977.
(3) Any amount deducted and withheld pursuant to
this subsection (E) shall be paid by the Director to the
State food stamp agency.
(4) Any amount deducted and withheld pursuant to
this subsection (E) shall for all purposes be treated as
if it were paid to the individual as unemployment
insurance benefits and paid by the individual to the
State food stamp agency as repayment of the individual's
uncollected overissuance of food stamp coupons.
(5) For purposes of this subsection (E),
"unemployment insurance benefits" means any compensation
payable under this Act including amounts payable by the
Director pursuant to an agreement under any federal law
providing for compensation, assistance, or allowances
with respect to unemployment.
(6) This subsection (E) applies only if
arrangements have been made for reimbursement by the
State food stamp agency for the administrative costs
incurred by the Director under this subsection (E) which
are attributable to the repayment of uncollected
overissuances of food stamp coupons to the State food
stamp agency.
(Source: P.A. 89-446, eff. 1-1-97; 90-425, eff. 8-15-97;
90-554, eff. 12-12-97.)
Section 99. Effective date. This Act takes effect upon
becoming law.
INDEX
Statutes amended in order of appearance
15 ILCS 405/10.05a from Ch. 15, par. 210.05a
20 ILCS 2505/39b52
35 ILCS 5/901 from Ch. 120, par. 9-901
305 ILCS 5/10-8 from Ch. 23, par. 10-8
305 ILCS 5/10-10 from Ch. 23, par. 10-10
305 ILCS 5/10-10.4 new
305 ILCS 5/10-16 from Ch. 23, par. 10-16
305 ILCS 5/10-17.9
305 ILCS 5/10-19 from Ch. 23, par. 10-19
305 ILCS 5/10-26 new
305 ILCS 5/12-8.1 new
305 ILCS 5/12-9 from Ch. 23, par. 12-9
305 ILCS 5/12-10.2 from Ch. 23, par. 12-10.2
750 ILCS 5/507.1 new
750 ILCS 5/705 from Ch. 40, par. 705
750 ILCS 5/709 from Ch. 40, par. 709
750 ILCS 15/2.1 from Ch. 40, par. 1105
750 ILCS 15/2.2 new
750 ILCS 28/15
750 ILCS 28/20
750 ILCS 28/35
750 ILCS 28/45
750 ILCS 45/21 from Ch. 40, par. 2521
750 ILCS 45/21.1 new
820 ILCS 405/1300 from Ch. 48, par. 540
[ Top ]