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305 ILCS 5/10-10.4
(305 ILCS 5/10-10.4)
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, except that "order for
support" shall not mean orders providing for spousal maintenance under which
there is no child support obligation.
(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 support | | enforcement services under this Article X; or
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(2) no party to the order is receiving child support
| | enforcement services, but the support payments are made through income withholding.
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(c) Support payments shall be made
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 support enforcement services under this Article X; or
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(2) no party to the order is receiving child support
| | enforcement services, and the support payments are being made through income withholding.
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(c-5) If no party to the order is receiving child support
enforcement services under this Article X, and the support payments are not
being made
through income withholding, then support payments shall be made as directed in
the order for support.
(c-10) At any time, and notwithstanding the existence of an order
directing payments
to be made elsewhere, the Department of Healthcare and Family Services may provide notice to the
obligor and, where applicable, to the obligor's payor:
(1) to make support payments to the State
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(A) a party to the order for support is receiving
| | child support enforcement services under this Article X; or
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(B) no party to the order for support is
| | receiving child support enforcement services under this Article X, but the support payments are made through income withholding; or
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(2) to make support payments to the State
| | Disbursement Unit of another state upon request of another state's Title IV-D child support enforcement agency, in accordance with the requirements of Title IV, Part D of the Social Security Act and regulations promulgated under that Part D.
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(c-15) Within 15 days after the effective date of this amendatory Act of the
91st General Assembly, the clerk of the circuit court shall provide written
notice to the obligor to make payments
directly to the clerk of the circuit court if no party to the order is
receiving child
support enforcement services under this Article X, the support payments are
not made
through income withholding, and the order for support requires support payments
to
be made
directly to the clerk of the
circuit court.
(c-20) If the State Disbursement Unit receives a support payment that was
not
appropriately made to the Unit under this Section, the Unit shall immediately
return the
payment to the sender, including, if possible, instructions detailing where to
send the support payments.
(d) The notices under subsections (c-10) and
(c-15) 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.
(Source: P.A. 95-331, eff. 8-21-07.)
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