101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4169

 

Introduced 1/22/2020, by Rep. Lawrence Walsh, Jr.

 

SYNOPSIS AS INTRODUCED:
 
735 ILCS 5/12-109  from Ch. 110, par. 12-109

    Amends the Code of Civil Procedure. Provides that, if the right to child support for a child has been assigned by a recipient of aid under specified provisions of the Illinois Public Aid Code to the Department of Healthcare and Family Services under the Illinois Public Aid Code, interest on child support obligations for that child shall cease to accrue on the date the child reaches the age of 18 years.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4169LRB101 15268 KTG 64443 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Civil Procedure is amended by
5changing Section 12-109 as follows:
 
6    (735 ILCS 5/12-109)  (from Ch. 110, par. 12-109)
7    Sec. 12-109. Interest on judgments.
8    (a) Every judgment except those arising by operation of law
9from child support orders shall bear interest thereon as
10provided in Section 2-1303.
11    (b)(1) Except as provided in paragraph (2), every Every
12judgment arising by operation of law from a child support order
13shall bear interest as provided in this subsection. The
14interest on judgments arising by operation of law from child
15support orders shall be calculated by applying one-twelfth of
16the current statutory interest rate as provided in Section
172-1303 to the unpaid child support balance as of the end of
18each calendar month. The unpaid child support balance at the
19end of the month is the total amount of child support ordered,
20excluding the child support that was due for that month to the
21extent that it was not paid in that month and including
22judgments for retroactive child support, less all payments
23received and applied as set forth in this subsection. The

 

 

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1accrued interest shall not be included in the unpaid child
2support balance when calculating interest at the end of the
3month. The unpaid child support balance as of the end of each
4month shall be determined by calculating the current monthly
5child support obligation and applying all payments received for
6that month, except federal income tax refund intercepts, first
7to the current monthly child support obligation and then
8applying any payments in excess of the current monthly child
9support obligation to the unpaid child support balance owed
10from previous months. The current monthly child support
11obligation shall be determined from the document that
12established the support obligation. Federal income tax refund
13intercepts and any payments in excess of the current monthly
14child support obligation shall be applied to the unpaid child
15support balance. Any payments in excess of the current monthly
16child support obligation and the unpaid child support balance
17shall be applied to the accrued interest on the unpaid child
18support balance. Interest on child support obligations may be
19collected by any means available under federal and State law,
20rules, and regulations providing for the collection of child
21support.
22    (2) If the right to child support for a child has been
23assigned by a recipient of aid under Article III, IV, V, or VI
24of the Illinois Public Aid Code to the Department of Healthcare
25and Family Services under Article X of the Illinois Public Aid
26Code, interest on child support obligations for that child

 

 

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1shall cease to accrue on the date the child reaches the age of
218 years.
3(Source: P.A. 101-336, eff. 8-9-19.)