Full Text of SB1169 98th General Assembly
SB1169enr 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning civil law.
| 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 |
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| 1 | | order for support. The amount for
payment of delinquency | 2 | | shall not be less than 20% of the total of the current
| 3 | | support amount and the amount to be paid periodically for | 4 | | payment of any
arrearage stated in the order for support; | 5 | | and
| 6 | | (3) Include the obligor's Social Security Number, | 7 | | which the obligor shall
disclose to the court. If the | 8 | | obligor is not a United States citizen, the
obligor shall | 9 | | disclose to the court, and the court shall include in the | 10 | | order
for support, the obligor's alien registration | 11 | | number, passport number, and home
country's social | 12 | | security or national health number, if
applicable.
| 13 | | (b) At the time the order for support is entered, the Clerk | 14 | | of the Circuit
Court shall provide a copy of the order to the | 15 | | obligor and shall make copies
available to the obligee and | 16 | | public office.
| 17 | | (c) The income withholding notice shall:
| 18 | | (1) be in the standard format prescribed by the federal | 19 | | Department of
Health and Human Services; and
| 20 | | (1.1) state the date of entry of the order for support | 21 | | upon which the
income withholding notice is based; and
| 22 | | (2) direct any payor to withhold the dollar amount | 23 | | required for current
support under the order for support; | 24 | | and
| 25 | | (3) direct any payor to withhold the dollar amount | 26 | | required to be paid
periodically under the order for |
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| 1 | | support for payment of the amount of any
arrearage stated | 2 | | in the order for support; and
| 3 | | (4) direct any payor or labor union or trade union to | 4 | | enroll a child as a
beneficiary of a health insurance plan | 5 | | and withhold or cause to be withheld, if
applicable, any | 6 | | required premiums; and
| 7 | | (5) state the amount of the payor income withholding | 8 | | fee specified under
this Section; and
| 9 | | (6) state that the amount actually withheld from the | 10 | | obligor's income for
support and other purposes, including | 11 | | the payor withholding fee specified under
this Section, may | 12 | | not be in excess of the maximum amount permitted under the
| 13 | | federal Consumer Credit Protection Act; and
| 14 | | (7) in bold face type, the size of which
equals the | 15 | | largest type on the notice, state the duties of the payor | 16 | | and the fines and penalties for failure
to withhold and pay | 17 | | over income and for discharging, disciplining, refusing to
| 18 | | hire, or otherwise penalizing the obligor because of the | 19 | | duty to withhold and
pay over income under this Section; | 20 | | and
| 21 | | (8) state the rights, remedies, and duties of the | 22 | | obligor under this
Section; and
| 23 | | (9) include the Social Security number of the obligor; | 24 | | and
| 25 | | (10) (blank) include the date that withholding for | 26 | | current support terminates,
which shall be the date of |
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| 1 | | termination of the current support obligation set
forth in | 2 | | the order for support ; and
| 3 | | (11) contain the signature of the obligee or
the | 4 | | printed name and telephone number of the authorized
| 5 | | representative of the public office, except that the | 6 | | failure to contain the
signature of the obligee or the | 7 | | printed name and telephone number of
the authorized | 8 | | representative of the public office shall not
affect the | 9 | | validity of the income withholding
notice; and
| 10 | | (12) direct any payor to pay over amounts withheld for | 11 | | payment of support
to the State Disbursement Unit.
| 12 | | (d) The accrual of a delinquency as a condition for service | 13 | | of an income
withholding notice, under the exception to | 14 | | immediate withholding in subsection
(a) of this Section, shall | 15 | | apply only to the initial service of an income
withholding | 16 | | notice on a payor of the obligor.
| 17 | | (e) Notwithstanding the exception to immediate withholding | 18 | | contained in
subsection (a) of this Section, if the court finds | 19 | | at the time of any hearing
that an arrearage has accrued, the | 20 | | court shall order immediate service of an
income withholding | 21 | | notice upon the payor.
| 22 | | (f) If the order for support, under the exception to | 23 | | immediate withholding
contained in subsection (a) of this | 24 | | Section, provides that an income
withholding notice is to be | 25 | | prepared and served only if the obligor becomes
delinquent in | 26 | | paying the order for support, the obligor may execute a written
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| 1 | | waiver of that condition and request immediate service on the | 2 | | payor.
| 3 | | (g) The obligee or public office may serve the income | 4 | | withholding notice on
the payor or its superintendent, manager, | 5 | | or other agent by ordinary mail or
certified mail return | 6 | | receipt requested, by facsimile transmission or other
| 7 | | electronic means, by personal delivery, or by any method | 8 | | provided by law for
service of a summons. At the time of | 9 | | service on the payor and as notice that
withholding has | 10 | | commenced, the obligee or public office shall serve a copy of
| 11 | | the income withholding notice on the obligor by ordinary mail | 12 | | addressed to his
or her last known address. A copy of an income | 13 | | withholding notice and proof of service shall be filed with the | 14 | | Clerk of the Circuit Court only when necessary in connection | 15 | | with a petition to contest, modify, suspend, terminate, or | 16 | | correct an income withholding notice, an action to enforce | 17 | | income withholding against a payor, or the resolution of other | 18 | | disputes involving an income withholding notice. The changes | 19 | | made to this subsection by this amendatory Act of the 96th | 20 | | General Assembly apply on and after September 1, 2009.
| 21 | | (h) At any time after the initial service of an income | 22 | | withholding notice,
any other payor of the obligor may be | 23 | | served with the same income
withholding notice without further | 24 | | notice to the obligor.
A copy of the income withholding notice | 25 | | together with a proof of service on
the other payor shall be | 26 | | filed with the Clerk of the Circuit Court.
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| 1 | | (i) New service of an income withholding notice is not | 2 | | required in order to
resume withholding of income in the case | 3 | | of an obligor with respect to whom an
income withholding notice | 4 | | was previously served on the payor if withholding of
income was | 5 | | terminated because of an interruption in the obligor's | 6 | | employment of
less than 180 days.
| 7 | | (Source: P.A. 96-858, eff. 1-8-10; 97-994, eff. 8-17-12.)
| 8 | | Section 99. Effective date. This Act takes effect upon | 9 | | becoming law.
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