Illinois General Assembly - Full Text of HB0173
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Full Text of HB0173  94th General Assembly



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1     AN ACT concerning families.
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4     Section 5. The Income Withholding for Support Act is
5 amended by changing Section 20 as follows:
6     (750 ILCS 28/20)
7     Sec. 20. Entry of order for support containing income
8 withholding provisions; income withholding notice.
9     (a) In addition to any content required under other laws,
10 every order for support entered on or after July 1, 1997,
11 shall:
12         (1) Require an income withholding notice to be prepared
13     and served immediately upon any payor of the obligor by the
14     obligee or public office, unless a written agreement is
15     reached between and signed by both parties providing for an
16     alternative arrangement, approved and entered into the
17     record by the court, which ensures payment of support. In
18     that case, the order for support shall provide that an
19     income withholding notice is to be prepared and served only
20     if the obligor becomes delinquent in paying the order for
21     support; and
22         (2) Contain a dollar amount to be paid until payment in
23     full of any delinquency that accrues after entry of the
24     order for support. The amount for payment of delinquency
25     shall not be less than 20% of the total of the current
26     support amount and the amount to be paid periodically for
27     payment of any arrearage stated in the order for support;
28     and
29         (3) Include the obligor's Social Security Number,
30     which the obligor shall disclose to the court. If the
31     obligor is not a United States citizen, the obligor shall
32     disclose to the court, and the court shall include in the



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1     order for support, the obligor's alien registration
2     number, passport number, and home country's social
3     security or national health number, if applicable.
4     (b) At the time the order for support is entered, the Clerk
5 of the Circuit Court shall provide a copy of the order to the
6 obligor and shall make copies available to the obligee and
7 public office.
8     (c) The income withholding notice shall:
9         (1) be in the standard format prescribed by the federal
10     Department of Health and Human Services; and
11         (1.1) state the date of entry of the order for support
12     upon which the income withholding notice is based; and
13         (2) direct any payor to withhold the dollar amount
14     required for current support under the order for support;
15     and
16         (3) direct any payor to withhold the dollar amount
17     required to be paid periodically under the order for
18     support for payment of the amount of any arrearage stated
19     in the order for support; and
20         (4) direct any payor or labor union or trade union to
21     enroll a child as a beneficiary of a health insurance plan
22     and withhold or cause to be withheld, if applicable, any
23     required premiums; and
24         (5) state the amount of the payor income withholding
25     fee specified under this Section; and
26         (6) state that the amount actually withheld from the
27     obligor's income for support and other purposes, including
28     the payor withholding fee specified under this Section, may
29     not be in excess of the maximum amount permitted under the
30     federal Consumer Credit Protection Act; and
31         (7) state the duties of the payor and the fines and
32     penalties for failure to withhold and pay over income and
33     for discharging, disciplining, refusing to hire, or
34     otherwise penalizing the obligor because of the duty to
35     withhold and pay over income under this Section; and
36         (8) state the rights, remedies, and duties of the



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1     obligor under this Section; and
2         (9) include the Social Security number of the obligor;
3     and include the Social Security Numbers of the obligor, the
4     obligee, and the child or children included in the order
5     for support; and
6         (10) include the date that withholding for current
7     support terminates, which shall be the date of termination
8     of the current support obligation set forth in the order
9     for support; and
10         (11) contain the signature of the obligee or the
11     printed name and telephone number of the authorized
12     representative of the public office, except that the
13     failure to contain the signature of the obligee or the
14     printed name and telephone number of the authorized
15     representative of the public office shall not affect the
16     validity of the income withholding notice; and
17         (12) direct any payor to pay over amounts withheld for
18     payment of support to the State Disbursement Unit.
19     (d) The accrual of a delinquency as a condition for service
20 of an income withholding notice, under the exception to
21 immediate withholding in subsection (a) of this Section, shall
22 apply only to the initial service of an income withholding
23 notice on a payor of the obligor.
24     (e) Notwithstanding the exception to immediate withholding
25 contained in subsection (a) of this Section, if the court finds
26 at the time of any hearing that an arrearage has accrued, the
27 court shall order immediate service of an income withholding
28 notice upon the payor.
29     (f) If the order for support, under the exception to
30 immediate withholding contained in subsection (a) of this
31 Section, provides that an income withholding notice is to be
32 prepared and served only if the obligor becomes delinquent in
33 paying the order for support, the obligor may execute a written
34 waiver of that condition and request immediate service on the
35 payor.
36     (g) The obligee or public office may serve the income



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1 withholding notice on the payor or its superintendent, manager,
2 or other agent by ordinary mail or certified mail return
3 receipt requested, by facsimile transmission or other
4 electronic means, by personal delivery, or by any method
5 provided by law for service of a summons. At the time of
6 service on the payor and as notice that withholding has
7 commenced, the obligee or public office shall serve a copy of
8 the income withholding notice on the obligor by ordinary mail
9 addressed to his or her last known address. A copy of the
10 income withholding notice together with proofs of service on
11 the payor and the obligor shall be filed with the Clerk of the
12 Circuit Court.
13     (h) At any time after the initial service of an income
14 withholding notice, any other payor of the obligor may be
15 served with the same income withholding notice without further
16 notice to the obligor. A copy of the income withholding notice
17 together with a proof of service on the other payor shall be
18 filed with the Clerk of the Circuit Court.
19     (i) New service of an income withholding notice is not
20 required in order to resume withholding of income in the case
21 of an obligor with respect to whom an income withholding notice
22 was previously served on the payor if withholding of income was
23 terminated because of an interruption in the obligor's
24 employment of less than 180 days.
25 (Source: P.A. 90-673, eff. 1-1-99; incorporates P.A. 90-790,
26 eff. 8-14-98; 91-212, eff. 7-20-99; 91-357, eff. 7-29-99.)