State of Illinois
90th General Assembly
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90_HB2019

      SEE INDEX
          Amends the Civil Administrative Code of Illinois and  the
      Illinois  Public  Aid Code.  Provides that the Article of the
      Public Aid Code concerning the determination and  enforcement
      of   support   responsibilities   of   relatives   shall   be
      administered  by  the  Department  of Revenue rather than the
      Department of Public Aid. Provides for the transfer from  the
      Department  of  Public  Aid  to  the Department of Revenue of
      powers, personnel, property, and relevant funds  relating  to
      support.    Makes  changes  to  other  Acts  related  to  the
      transfer.  Effective July 1, 1998.
                                                     LRB9005376SMmb
                                               LRB9005376SMmb
 1        AN ACT regarding child support, amending named Acts.
 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:
 4        Section  5.  The Civil Administrative Code of Illinois is
 5    amended by changing Section 48a as follows:
 6        (20 ILCS 2205/48a) (from Ch. 127, par. 48a)
 7        Sec. 48a. Department of Public Aid - Powers.
 8        The  Department  of  Public  Aid  shall  administer  "The
 9    Illinois Public  Aid  Code",  enacted  by  the  75th  General
10    Assembly,  with  the  exception  of Article X of the Illinois
11    Public Aid Code which shall be administered by the Department
12    of Revenue beginning on the effective date of this amendatory
13    Act of 1997.
14    (Source: Laws 1967, p. 234.)
15        Section 10. The Civil Administrative Code of Illinois  is
16    amended  by  changing  Section 39b and adding Sections 39b53,
17    39b54, 39b55, 39b56, 39b57, 39b58, and 39b59 as follows:
18        (20 ILCS 2505/39b) (from Ch. 127, par. 39b)
19        Sec. 39b.  The  Department  of  Revenue  has  the  powers
20    enumerated  in  the  following Sections preceding Section 39c
21    Sections 39b1 to 39b50 each inclusive.
22    (Source: P.A. 86-610.)
23        (20 ILCS 2505/39b53 new)
24        Sec. 39b53.  Transfer  of  powers.  All  of  the  rights,
25    powers,  and  duties  vested  in  the  Illinois Department of
26    Public Aid under Article X of the Illinois  Public  Aid  Code
27    concerning  the  determination  and  enforcement  of  support
28    responsibility of relatives are transferred to the Department
                            -2-                LRB9005376SMmb
 1    of Revenue.
 2        (20 ILCS 2505/39b54 new)
 3        Sec. 39b544. Transfer of personnel.
 4        (a)  Personnel  employed  by  the  Illinois Department of
 5    Public Aid to perform functions that are transferred by  this
 6    amendatory  Act  of  1997  to  the  Department of Revenue are
 7    transferred to the Department of Revenue.
 8        (b)  Personnel employed by the Department of  Public  Aid
 9    to  perform  functions  that  are not clearly classifiable as
10    being related to the determination and enforcement of support
11    responsibility of relatives under Article X of  the  Illinois
12    Public  Aid  Code  or  who  are  employed  to perform complex
13    functions that are transferred only in part to the Department
14    of Revenue  under  this  amendatory  Act  of  1997  shall  be
15    assigned and transferred to the appropriate Department by the
16    Director  of  Public  Aid  and  the  Director  of Revenue, in
17    consultation  with  the  Director   of   Central   Management
18    Services.
19        (c)  The  rights  of  State employees, the State, and its
20    agencies under the Personnel Code and  applicable  collective
21    bargaining  agreements  and retirement plans are not affected
22    by this amendatory Act of 1997.
23        (20 ILCS 2505/39b55 new)
24        Sec. 39b55. Transfer of  property.  All  books,  records,
25    documents,   property   (real   and   personal),   unexpended
26    appropriations,  funds  related  to Article X of the Illinois
27    Public Aid Code,  and  pending  business  pertaining  to  the
28    rights, powers, and duties transferred by this amendatory Act
29    of  1997  from  the  Illinois Department of Public Aid to the
30    Department of Revenue shall be delivered and  transferred  to
31    the  Department  of  Revenue  by  the  Illinois Department of
32    Public Aid.
                            -3-                LRB9005376SMmb
 1        (20 ILCS 2505/39b56 new)
 2        Sec. 39b56. Savings provisions.
 3        (a)  The rights, powers, and duties  transferred  to  the
 4    Department of Revenue by this amendatory Act of 1997 shall be
 5    vested in and shall be exercised by the Department of Revenue
 6    subject  to  the  provisions  of this amendatory Act of 1997.
 7    Each act done in the exercise of those  rights,  powers,  and
 8    duties  shall  have  the  same legal effect as if done by the
 9    Department  of  Public  Aid,  its  divisions,  officers,   or
10    employees.
11        (b)  Every  person  or  other entity in the Department of
12    Revenue shall be subject to the same obligations  and  duties
13    and  any penalties, civil or criminal, arising therefrom, and
14    shall have the same rights arising from the exercise of  such
15    rights,  powers,  and  duties as if those rights, powers, and
16    duties had been exercised by the Department  of  Public  Aid,
17    its agencies, divisions, officers, or employees.
18        (c)  Every  officer  and  employee  of  the Department of
19    Revenue shall, for  any  offense,  be  subject  to  the  same
20    penalties,  civil  or criminal, as are prescribed by existing
21    law for the same offense committed by an officer or  employee
22    whose powers or duties were transferred under this amendatory
23    Act of 1997.
24        (d)  Whenever  reports  or notices are now required to be
25    made or given or documents furnished or served by any  person
26    to  or upon the Department of Public Aid, they shall be made,
27    given, furnished, or served in the same manner to or upon the
28    Department of Revenue.
29        (e)  This amendatory Act of 1997 does not affect any  act
30    done,   ratified,   or  cancelled,  any  right  occurring  or
31    established, or any action or proceeding had or commenced  in
32    an  administrative,  civil,  or  criminal  cause  before this
33    amendatory Act of 1997 takes  effect,  but  such  actions  or
34    proceedings may be prosecuted and continued by the Department
                            -4-                LRB9005376SMmb
 1    of Revenue as the case may be.
 2        (f)  This  amendatory  Act  of  1997  does not affect the
 3    legality of any rules that are in force on the effective date
 4    of this amendatory Act of 1997 that have been duly adopted by
 5    the Department of Public Aid. As soon  as  practicable  after
 6    the  effective  date  of  this  amendatory  Act  of 1997, the
 7    Department of Revenue  shall  propose  and  adopt  under  the
 8    Illinois  Administrative  Procedure  Act such rules as may be
 9    necessary to adopt the rules of the Department of Public  Aid
10    that will now be administered by the Department of Revenue.
11        (20 ILCS 2505/39b57 new)
12        Sec. 39b57. Child Support Emergency Revolving Fund; Uses.
13    The Child Support Emergency Revolving Fund transferred to the
14    Department of Revenue by this amendatory Act of 1997 shall be
15    held  by  the  Department  of  Revenue  and  shall be used to
16    provide immediate payments to current or former recipients of
17    support services, or refunds to  responsible  relatives,  for
18    child  support  made to the Department of Revenue under Title
19    IV-D of the  Social  Security  Act  when  the  recipients  of
20    services or responsible relatives are legally entitled to all
21    or  part of the child support payments under applicable State
22    or federal law.
23        (20 ILCS 2505/39b58 new)
24        Sec. 39b58. Child Support Recoveries  Trust  Fund;  Uses.
25    The  Child  Support  Recoveries Trust Fund, to be held by the
26    State Treasurer as ex-officio  custodian  outside  the  State
27    Treasury, shall consist of recoveries authorized by Article X
28    of  the Illinois Public Aid Code, including payments received
29    by the Department of Revenue  under  Sections  10-3.1,  10-8,
30    10-10,  10-16,  and  10-19  of  the Illinois Public Aid Code,
31    except  those  pursuant  to  the  Child  Support  Enforcement
32    Program established by Title IV-D of the Social Security  Act
                            -5-                LRB9005376SMmb
 1    and  required  to  be paid into the Child Support Enforcement
 2    Trust Fund  under  Section  39b59  of  this  Code,  that  are
 3    required  by  such Sections to be paid into the Child Support
 4    Recoveries Trust Fund.
 5        Disbursements from this  Fund  shall  be  only:  (1)  for
 6    payments   to  non-recipients,  or  to  former  recipients of
 7    financial aid of the collections  which  are  made  in  their
 8    behalf under Article X of the Illinois Public Aid Code except
 9    those  pursuant  to  the  Child  Support  Enforcement Program
10    established by Title IV-D of the Social Security Act required
11    to be paid from the  Child  Support  Enforcement  Trust  Fund
12    under  Section  39b59  of this Code, (2) for payment to local
13    governmental units  of  support  payments  collected  by  the
14    Department  of Revenue pursuant to an agreement under Section
15    10-3.1 of the Illinois Public Aid Code, (3)  for  payment  of
16    administrative expenses incurred in performing the activities
17    authorized  by  Article  X  of  the  Illinois Public Aid Code
18    except  those  pursuant  to  the  Child  Support  Enforcement
19    Program established by Title IV-D of the Social Security  Act
20    required  to be paid from the Child Support Enforcement Trust
21    Fund under Section 39b59 of this Code,  (4)  for  payment  of
22    fees  to persons or agencies in the performance of activities
23    pursuant to the collection of monies owed the State  pursuant
24    to  Article  X  of  the Illinois Public Aid Code except those
25    monies pursuant to  the  Child  Support  Enforcement  Program
26    established by Title IV-D of the Social Security Act required
27    to  be  paid  from  the  Child Support Enforcement Trust Fund
28    under Section 39b59 of this Code, and (5) for payments of any
29    amounts which are  reimbursable  to  the  federal  government
30    which  are required to be paid by State warrant by either the
31    State or federal government.  Disbursements  from  this  Fund
32    shall  be  by  warrants  drawn  by  the  State Comptroller as
33    receipt of  vouchers  duly  executed  and  certified  by  the
34    Department of Revenue.
                            -6-                LRB9005376SMmb
 1        The  balance  in  this  Fund  on  the  first  day of each
 2    calendar quarter, after  payment  therefrom  of  any  amounts
 3    reimbursable  to the federal government, and minus the amount
 4    reasonably anticipated to be needed to make the disbursements
 5    during that quarter authorized  by  this  Section,  shall  be
 6    certified  by  the Director of Revenue and transferred by the
 7    State Comptroller to the General Revenue Fund  in  the  State
 8    Treasury  within 30 days after the first day of each calendar
 9    quarter.
10        (20 ILCS 2505/39b59 new)
11        Sec. 39b59. Child Support  Enforcement  Trust  Fund.  The
12    Child Support Enforcement Trust Fund, to be held by the State
13    Treasurer as ex-officio custodian outside the State Treasury,
14    pursuant to the Child Support Enforcement Program established
15    by  Title  IV-D  of the Social Security Act, shall consist of
16    (1) all  support  payments  received  by  the  Department  of
17    Revenue  under  Sections  10-8, 10-10, 10-16 and 10-19 of the
18    Illinois Public Aid Code that are required by those  Sections
19    to be paid into the Child Support Enforcement Trust Fund, and
20    (2)  all federal grants received by the Department of Revenue
21    funded by Title IV-D of the Social Security Act, except those
22    federal funds  received  under  the  Title  IV-D  program  as
23    reimbursement for expenditures from the General Revenue Fund,
24    and  (3)  incentive  payments  received  by the Department of
25    Revenue from other states or political subdivisions of  other
26    states  for  the enforcement and collection by the Department
27    of an assigned child support obligation  in  behalf  of  such
28    other  states or their political subdivisions pursuant to the
29    provisions of Title IV-D of the Social Security Act, and  (4)
30    incentive payments retained by the Department of Revenue from
31    the  amounts  which  otherwise  would  be paid to the federal
32    government to reimburse the federal government's share of the
33    support  collection  for  the  Department's  enforcement  and
                            -7-                LRB9005376SMmb
 1    collection of an assigned support obligation on behalf of the
 2    State of Illinois pursuant to the provisions of Title IV-D of
 3    the Social Security Act, and (5)  all  fees  charged  by  the
 4    Department   for   child  support  enforcement  services,  as
 5    authorized under Title IV-D of the Social  Security  Act  and
 6    Section  10-1  of the Illinois Public Aid Code, and any other
 7    fees, costs, fines, recoveries, or penalties provided for  by
 8    State or federal law and received by the Department under the
 9    Child  Support  Enforcement Program established by Title IV-D
10    of the Social Security Act.
11        Disbursements from  this  Fund  shall  be  only  for  the
12    following  purposes:  (1)  for  the  reimbursement  of  funds
13    received  by  the  Department  of  Revenue  through  error or
14    mistake, and (2)  for  payments  to  non-recipients,  current
15    recipients  and former recipients of financial aid of support
16    payments received on their behalf  under  Article  X  of  the
17    Illinois Public Aid Code, pursuant to the provisions of Title
18    IV-D  of  the Social Security Act, and (3) for payment of any
19    administrative expenses,  including  payment  to  the  Health
20    Insurance  Reserve Fund for group insurance costs at the rate
21    certified by the Department of Central  Management  Services,
22    except  those  required  to  be paid from the General Revenue
23    Fund, including personal and contractual  services,  incurred
24    in performing the Title IV-D activities authorized by Article
25    X   of  the  Illinois  Public  Aid  Code,  and  (4)  for  the
26    reimbursement of the Child Support Emergency  Revolving  Fund
27    for  expenditures  made from that Fund for payments to former
28    recipients of public  aid  for  child  support  made  to  the
29    Department of Revenue when the former public aid recipient is
30    legally  entitled  to  all  or  part  of  the  child  support
31    payments,  pursuant  to  the  provisions of Title IV-D of the
32    Social Security Act, and (5) for  the  payment  of  incentive
33    amounts  owed  to  other  states or political subdivisions of
34    other states that enforce and  collect  an  assigned  support
                            -8-                LRB9005376SMmb
 1    obligation on behalf of the State of Illinois pursuant to the
 2    provisions  of Title IV-D of the Social Security Act, and (6)
 3    for the  payment  of  incentive  amounts  owed  to  political
 4    subdivisions  of  the  State  of  Illinois  that  enforce and
 5    collect an assigned support obligation on behalf of the State
 6    pursuant to the  provisions  of  Title  IV-D  of  the  Social
 7    Security  Act,  and (7) for payments of any amounts which are
 8    reimbursable to the federal government which are required  to
 9    be  paid  by  State  warrant  by  either the State or federal
10    government. Disbursements from this Fund shall be by warrants
11    drawn by the State Comptroller on receipt  of  vouchers  duly
12    executed  and  certified  by the Department of Revenue or any
13    other State agency that receives an  appropriation  from  the
14    Fund.
15        The  balance  in  this  Fund  on  the  first  day of each
16    calendar quarter, after  payment  therefrom  of  any  amounts
17    reimbursable  to the federal government, and minus the amount
18    reasonably anticipated to be  needed  to  make  disbursements
19    during  the  quarter  authorized  by  this  Section, shall be
20    certified by the Director of Revenue and transferred  by  the
21    State  Comptroller  to  the General Revenue Fund in the State
22    Treasury within 30 days after the first day of each  calendar
23    quarter.
24        The  balance  transferred to the General Revenue Fund for
25    any fiscal year shall be not less than  ten  percent  of  the
26    total support payments received, and retained pursuant to the
27    provisions  of  Title  IV-D  of  the  Social Security Act, on
28    behalf  of  persons  receiving  financial  assistance   under
29    Article  IV  of  the  Illinois  Public  Aid  Code  which were
30    required to be deposited to  this  Fund  during  that  fiscal
31    year.  The  above  described  payments  received and retained
32    shall include the State and federal share of such payments.
33        Section 15. The Illinois Public Aid Code  is  amended  by
                            -9-                LRB9005376SMmb
 1    adding  Section  10-0.5  and  changing Sections 10-1, 10-3.1,
 2    10-8, 10-10, 10-11.1, 10-15, 10-16, 10-16.2, 10-17.9,  10-19,
 3    12-4.31, 12-5, 12-8, 12-9, and 12-11 as follows:
 4        (305 ILCS 5/10-0.5 new)
 5        Sec.  10-0.5.  Transfer  to Department of Revenue. On the
 6    effective date of this amendatory Act  of  1997  all  of  the
 7    rights,  powers,  and  duties vested under this Article X are
 8    transferred to the Illinois Department  of  Revenue  and  all
 9    references  in  this  Article X to the Illinois Department or
10    the Department shall be references to the Illinois Department
11    of Revenue.
12        (305 ILCS 5/10-1) (from Ch. 23, par. 10-1)
13        Sec.  10-1.   Declaration  of  Public  Policy  -  Persons
14    Eligible for Child and Spouse Support  Services  -  Fees  for
15    Non-Applicants  and Non-Recipients.) It is the intent of this
16    Code that the  financial  aid  and  social  welfare  services
17    herein  provided  supplement rather than supplant the primary
18    and continuing obligation of the family unit for self-support
19    to the fullest extent permitted by the resources available to
20    it. This primary and continuing  obligation  applies  whether
21    the  family  unit  of  parents and children or of husband and
22    wife remains intact and resides  in  a  common  household  or
23    whether  the  unit  has been broken by absence of one or more
24    members of the unit.  The obligation of the  family  unit  is
25    particularly  applicable  when  a  member  is  in necessitous
26    circumstances and lacks the means of a livelihood  compatible
27    with health and well-being.
28        It is the purpose of this Article to provide for locating
29    an  absent  parent  or  spouse, for determining his financial
30    circumstances, and for  enforcing  his  legal  obligation  of
31    support,  if  he  is  able to furnish support, in whole or in
32    part.  The Illinois  Department  of  Public  Aid  shall  give
                            -10-               LRB9005376SMmb
 1    priority   to  establishing,  enforcing  and  collecting  the
 2    current support obligation, and then to past due support owed
 3    to the  family  unit,  except  with  respect  to  collections
 4    effected  through the intercept programs provided for in this
 5    Article.
 6        The child and spouse support services provided  hereunder
 7    shall  be  furnished dependents of an absent parent or spouse
 8    who are applicants for or  recipients of financial aid  under
 9    this  Code.   It  is not, however, a condition of eligibility
10    for financial aid that there be no responsible relatives  who
11    are  reasonably  able  to  provide  support.  Nor,  except as
12    provided in Sections 4-1.7 and 10-8, shall the  existence  of
13    such  relatives  or  their  payment  of support contributions
14    disqualify a needy person for financial aid.
15        By accepting financial aid under this Code, a spouse or a
16    parent or other person having custody of  a  child  shall  be
17    deemed to have made assignment to the Illinois Department for
18    aid  under  Articles  III,  IV,  V  and  VII  or  to  a local
19    governmental unit for aid under Article VI  of  any  and  all
20    rights,  title,  and interest in any support obligation up to
21    the amount of financial aid provided.  The rights to  support
22    assigned  to  the  Illinois Department of Public Aid or local
23    governmental unit shall constitute  an  obligation  owed  the
24    State  or  local  governmental  unit  by  the  person  who is
25    responsible  for  providing  the  support,   and   shall   be
26    collectible under all applicable processes.
27        At  the  discretion  of the Illinois Department of Public
28    Aid, the child and spouse support services established  under
29    this  Article  may also be furnished in behalf of spouses and
30    dependent children who are not applicants for  or  recipients
31    of  financial  aid under this Code.  The Department may limit
32    eligibility of these persons to  designated  income  classes.
33    If   non-applicants  and  non-recipients  are  included,  the
34    Department may establish a schedule of reasonable fees, to be
                            -11-               LRB9005376SMmb
 1    paid for the services provided and may  deduct  a  collection
 2    fee,  not  to  exceed  10% of the amount collected, from such
 3    collection. The Illinois Department of Public Aid shall cause
 4    to  be  published  and  distributed  publications  reasonably
 5    calculated to inform the public that individuals who are  not
 6    recipients  of  or  applicants for public aid under this Code
 7    are eligible for the child and spouse support services  under
 8    this  Article  X.   Such  publications  shall  set  forth  an
 9    explanation,  in  plain  language,  that the child and spouse
10    support services program is independent  of  any  public  aid
11    program  under  the  Code and that the receiving of child and
12    spouse support service in no  way  implies  that  the  person
13    receiving such service is receiving public aid.
14    (Source: P.A. 85-597.)
15        (305 ILCS 5/10-3.1) (from Ch. 23, par. 10-3.1)
16        Sec.   10-3.1.   Child  and  Spouse  Support  Unit.   The
17    Illinois Department shall establish within its administrative
18    staff a Child and Spouse  Support  Unit  to  search  for  and
19    locate  absent  parents and spouses liable for the support of
20    persons resident in this State and to  exercise  the  support
21    enforcement   powers   and   responsibilities   assigned  the
22    Department by this Article.  The unit  shall  cooperate  with
23    all  law  enforcement  officials  in  this State and with the
24    authorities of other States in locating  persons  responsible
25    for the support of persons resident in other States and shall
26    invite   the   cooperation   of   these  authorities  in  the
27    performance of its duties.
28        In addition to other duties assigned the Child and Spouse
29    Support Unit by this Article,  the  Unit  may  refer  to  the
30    Attorney  General  or  units  of  local  government  with the
31    approval of the Attorney General, any actions under  Sections
32    10-10  and  10-15  for  judicial  enforcement  of the support
33    liability.  The Child and Spouse Support Unit shall  act  for
                            -12-               LRB9005376SMmb
 1    the  Department  in referring to the Attorney General support
 2    matters requiring judicial enforcement under other laws.   If
 3    requested  by  the Attorney General to so act, as provided in
 4    Section 12-16, attorneys of the Unit may assist the  Attorney
 5    General  or  themselves  institute  actions  in behalf of the
 6    Illinois Department  under  the  Revised  Uniform  Reciprocal
 7    Enforcement  of Support Act; under the Illinois Parentage Act
 8    of 1984; under the Non-Support of Spouse and Children Act; or
 9    under any other law, State or Federal, providing for  support
10    of a spouse or dependent child.
11        The  Illinois Department shall also have the authority to
12    enter  into  agreements  with  local  governmental  units  or
13    individuals, with the approval of the Attorney  General,  for
14    the  collection  of  moneys owing because of the failure of a
15    parent to make child support payments for any child receiving
16    services under this Article.  Such agreements  may  be  on  a
17    contingent  fee  basis,  but  such  contingent  fee shall not
18    exceed 25% of the total amount collected.
19        An attorney who provides representation pursuant to  this
20    Section  shall represent the Illinois Department exclusively.
21    Regardless of the designation of the plaintiff in  an  action
22    brought   pursuant   to   this  Section,  an  attorney-client
23    relationship does not  exist  for  purposes  of  that  action
24    between  that  attorney and (i) an applicant for or recipient
25    of child and spouse support services or (ii) any other  party
26    to the action other than the Illinois Department.  Nothing in
27    this  Section  shall be construed to modify any power or duty
28    (including a duty to maintain confidentiality) of  the  Child
29    and  Spouse Support Unit or the Illinois Department otherwise
30    provided by law.
31        The Illinois Department may also  enter  into  agreements
32    with  local  governmental  units  for  the  Child  and Spouse
33    Support Unit to exercise the  investigative  and  enforcement
34    powers  designated in this Article, including the issuance of
                            -13-               LRB9005376SMmb
 1    administrative  orders  under  Section  10-11,  in   locating
 2    responsible  relatives  and  obtaining  support  for  persons
 3    applying for or receiving aid under Article VI.  Payments for
 4    defrayment  of  administrative  costs  and  support  payments
 5    obtained  shall  be  deposited  into the Child Support Public
 6    Assistance Recoveries Trust Fund.  Support payments shall  be
 7    paid  over  to  the  General  Assistance  Fund  of  the local
 8    governmental unit at such time or times as the agreement  may
 9    specify.
10        With  respect  to  those  cases  in  which it has support
11    enforcement powers and responsibilities under  this  Article,
12    the  Illinois  Department may provide by rule for periodic or
13    other review of  each  administrative  and  court  order  for
14    support  to  determine  whether  a  modification of the order
15    should be sought. The Illinois Department shall  provide  for
16    and  conduct  such  review  in accordance with any applicable
17    federal law and regulation.
18        As part of its process for review of orders for  support,
19    the  Illinois Department, through written notice, may require
20    the responsible  relative  to  disclose  his  or  her  Social
21    Security  Number  and past and present information concerning
22    the relative's address, employment, gross  wages,  deductions
23    from  gross wages, net wages, bonuses, commissions, number of
24    dependent exemptions claimed, individual and dependent health
25    insurance coverage, and any other  information  necessary  to
26    determine the relative's ability to provide support in a case
27    receiving  child  and  spouse  support  services  under  this
28    Article X.
29        If the responsible relative fails to fully respond to the
30    notice  for  information  within  15  days after the date the
31    relative receives the notice,  the  Illinois  Department  may
32    send  a  written  request  for  the  same  information to the
33    relative's employer.   The  employer  shall  respond  to  the
34    request  for  information  within  15 days after the date the
                            -14-               LRB9005376SMmb
 1    employer receives the request.   If  the  employer  willfully
 2    fails to fully respond within the 15-day period, the employer
 3    shall pay a penalty of $100 for each day that the response is
 4    not  provided  to  the  Illinois  Department after the 15-day
 5    period has expired.  The penalty may be collected in a  civil
 6    action  which may be brought against the employer in favor of
 7    the Illinois Department.
 8        A written request for information  sent  to  an  employer
 9    pursuant  to  this Section shall consist of (i) a citation of
10    this Section as the statutory authority for the  request  and
11    for  the  employer's  obligation  to  provide  the  requested
12    information,   (ii)  a  returnable  form  setting  forth  the
13    employer's name and address  and  listing  the  name  of  the
14    employee  with  respect to whom information is requested, and
15    (iii) a citation of this Section as the  statutory  authority
16    authorizing  the employer to withhold a fee of up to $20 from
17    the wages or income to be paid to each  responsible  relative
18    for  providing  the  information  to  the Illinois Department
19    within the 15-day period.  If  the  employer  is  withholding
20    support  payments  from  the  responsible  relative's  income
21    pursuant  to  an  order  for  withholding,  the  employer may
22    withhold the fee provided for  in  this  Section  only  after
23    withholding support as required under the order.  Any amounts
24    withheld  from  the responsible relative's income for payment
25    of support and the fee provided for in this Section shall not
26    be in excess of  the  amounts  permitted  under  the  federal
27    Consumer Credit Protection Act.
28        In  a  case  receiving child and spouse support services,
29    the Illinois Department may request  and  obtain  information
30    from  a  particular  employer under this Section no more than
31    once in  any  12-month  period,  unless  the  information  is
32    necessary  to  conduct  a review of a court or administrative
33    order for support at the  request  of  the  person  receiving
34    child and spouse support services.
                            -15-               LRB9005376SMmb
 1        The  Illinois  Department shall establish and maintain an
 2    administrative unit to receive and transmit to the Child  and
 3    Spouse  Support Unit information supplied by persons applying
 4    for or receiving child  and  spouse  support  services  under
 5    Section  10-1.   In  addition,  the Illinois Department shall
 6    address and respond to any alleged deficiencies that  persons
 7    receiving  or applying for services from the Child and Spouse
 8    Support Unit may identify concerning  the  Child  and  Spouse
 9    Support   Unit's   provision  of  child  and  spouse  support
10    services. Within 60 days after an action or failure to act by
11    the Child and Spouse Support Unit that  affects  his  or  her
12    case,  a  recipient  of  or  applicant  for  child and spouse
13    support services under Article X of this Code may request  an
14    explanation  of  the  Unit's  handling  of  the case.  At the
15    requestor's option, the explanation may  be  provided  either
16    orally  in an interview, in writing, or both. If the Illinois
17    Department fails to respond to the request for an explanation
18    or fails to respond in a manner satisfactory to the applicant
19    or recipient within 30 days from the date of the request  for
20    an  explanation,  the  applicant  or  recipient may request a
21    conference for further review of the matter by the Office  of
22    the  Administrator  of  the  Child and Spouse Support Unit. A
23    request for a conference may be submitted at any time  within
24    60  days after the explanation has been provided by the Child
25    and Spouse Support Unit or within 60 days after the time  for
26    providing the explanation has expired.
27        The  applicant  or  recipient  may  request  a conference
28    concerning any  decision  denying  or  terminating  child  or
29    spouse support services under Article X of this Code, and the
30    applicant   or   recipient  may  also  request  a  conference
31    concerning the Unit's failure  to  provide  services  or  the
32    provision  of  services  in  an  amount  or  manner  that  is
33    considered  inadequate.   For  purposes  of this Section, the
34    Child and Spouse Support Unit includes all local governmental
                            -16-               LRB9005376SMmb
 1    units or individuals with whom the  Illinois  Department  has
 2    contracted under Section 10-3.1.
 3        Upon  receipt  of  a timely request for a conference, the
 4    Office of the  Administrator  shall  review  the  case.   The
 5    applicant  or  recipient  requesting  the conference shall be
 6    entitled, at his or her option, to appear  in  person  or  to
 7    participate in the conference by telephone.  The applicant or
 8    recipient  requesting  the conference shall be entitled to be
 9    represented and to be afforded a  reasonable  opportunity  to
10    review  the  Illinois  Department's  file  before  or  at the
11    conference.  At the conference, the  applicant  or  recipient
12    requesting the conference shall be afforded an opportunity to
13    present  all relevant matters in support of his or her claim.
14    Conferences  shall  be  without  cost  to  the  applicant  or
15    recipient requesting the conference and shall be conducted by
16    a representative of the Child or Spouse Support Unit who  did
17    not participate in the action or inaction being reviewed.
18        The   Office   of   the  Administrator  shall  conduct  a
19    conference and inform all interested parties, in writing,  of
20    the results of the conference within 60 days from the date of
21    filing of the request for a conference.
22        In  addition  to  its  other  powers and responsibilities
23    established by this Article, the  Child  and  Spouse  Support
24    Unit shall conduct an annual assessment of each institution's
25    program  for  institution based paternity establishment under
26    Section 12 of the Vital Records Act.
27    (Source: P.A. 88-307; 88-687, eff. 1-24-95.)
28        (305 ILCS 5/10-8) (from Ch. 23, par. 10-8)
29        Sec. 10-8.  Support Payments -  Partial  Support  -  Full
30    Support.)    The   notice  to  responsible  relatives  issued
31    pursuant to Section 10-7 shall  direct  payment  (a)  to  the
32    Illinois  Department  in  cases  of applicants and recipients
33    under Articles III, IV, V and VII, (b) except as provided  in
                            -17-               LRB9005376SMmb
 1    Section 10-3.1, to the local governmental unit in the case of
 2    applicants  and  recipients  under Article VI, and (c) to the
 3    Illinois  Department   in   cases   of   non-applicants   and
 4    non-recipients  given  access to the child and spouse support
 5    services of  this  Article,  as  provided  by  Section  10-1.
 6    However, if the support payments by responsible relatives are
 7    sufficient  to  meet  needs of a recipient in full, including
 8    current and  anticipated  medical  needs,  and  the  Illinois
 9    Department  or  the  local governmental unit, as the case may
10    be, has reasonable grounds to believe that  such  needs  will
11    continue to be provided in full by the responsible relatives,
12    the  relatives  may  be  directed  to make subsequent support
13    payments to the needy person or to some person or  agency  in
14    his behalf and the recipient shall be removed from the rolls.
15    In  such  instance  the  recipient  also shall be notified by
16    registered or certified mail  of  the  action  taken.   If  a
17    recipient  removed  from  the  rolls  requests  the  Illinois
18    Department to continue to collect the support payments in his
19    behalf,  the  Department,  at  its  option, may do so and pay
20    amounts so collected  to  the  person.   The  Department  may
21    provide  for deducting any costs incurred by it in making the
22    collection from the amount of any recovery made and pay  only
23    the net amount to the person.
24        Payments  under  this  Section to the Illinois Department
25    pursuant to the Child Support Enforcement Program established
26    by Title IV-D of the Social Security Act shall be  paid  into
27    the  Child Support Enforcement Trust Fund. All other payments
28    under this  Section  to  the  Illinois  Department  shall  be
29    deposited  in  the Child Support Public Assistance Recoveries
30    Trust Fund.  Disbursements  from  these  funds  shall  be  as
31    provided   in   Sections   39b58   and  39b59  of  the  Civil
32    Administrative Code of Illinois  12-9  and  12-10.2  of  this
33    Code. Payments received by a local governmental unit shall be
34    deposited in that unit's General Assistance Fund.
                            -18-               LRB9005376SMmb
 1    (Source: P.A. 83-1126.)
 2        (305 ILCS 5/10-10) (from Ch. 23, par. 10-10)
 3        Sec.  10-10.   Court  enforcement;  applicability also to
 4    persons who are not applicants or recipients.   Except  where
 5    the  Illinois  Department,  by  agreement, acts for the local
 6    governmental unit,  as  provided  in  Section  10-3.1,  local
 7    governmental  units shall refer to the State's Attorney or to
 8    the proper legal representative of the governmental unit, for
 9    judicial  enforcement  as  herein  provided,   instances   of
10    non-support  or  insufficient support when the dependents are
11    applicants or recipients under Article  VI.   The  Child  and
12    Spouse   Support  Unit  established  by  Section  10-3.1  may
13    institute in behalf of the Illinois  Department  any  actions
14    under  this  Section  for judicial enforcement of the support
15    liability  when  the  dependents  are   (a)   applicants   or
16    recipients under Articles III, IV, V or VII (b) applicants or
17    recipients  in  a  local  governmental unit when the Illinois
18    Department,  by  agreement,  acts  for  the  unit;   or   (c)
19    non-applicants  or  non-recipients  who are receiving support
20    enforcement services under this Article  X,  as  provided  in
21    Section  10-1.  Where  the  Child and Spouse Support Unit has
22    exercised  its  option  and  discretion  not  to  apply   the
23    provisions  of Sections 10-3 through 10-8, the failure by the
24    Unit to apply such provisions shall not be a bar to  bringing
25    an action under this Section.
26        Action  shall  be  brought in the circuit court to obtain
27    support, or for the recovery of aid granted during the period
28    such support was not provided, or both for the obtainment  of
29    support  and  the  recovery of the aid provided.  Actions for
30    the recovery of aid may be taken separately or  they  may  be
31    consolidated  with  actions  to obtain support.  Such actions
32    may be brought in the name of the person or persons requiring
33    support, or may be  brought  in  the  name  of  the  Illinois
                            -19-               LRB9005376SMmb
 1    Department  or  the  local  governmental  unit,  as  the case
 2    requires, in behalf of such persons.
 3        The court may enter such orders for the payment of moneys
 4    for the support of the person as may be  just  and  equitable
 5    and  may direct payment thereof for such period or periods of
 6    time as the circumstances require, including  support  for  a
 7    period before the date the order for support is entered.  The
 8    order  may  be  entered  against  any or all of the defendant
 9    responsible relatives and may be based upon the proportionate
10    ability of each to contribute to the person's support.
11        The Court shall determine the  amount  of  child  support
12    (including  child  support  for  a period before the date the
13    order for child support is entered) by using  the  guidelines
14    and  standards set forth in subsection (a) of Section 505 and
15    in Section 505.2 of the Illinois Marriage and Dissolution  of
16    Marriage Act. For purposes of determining the amount of child
17    support to be paid for a period before the date the order for
18    child  support  is entered, there is a rebuttable presumption
19    that the responsible relative's net income  for  that  period
20    was  the  same as his or her net income at the time the order
21    is entered.
22        The Court shall determine the amount of maintenance using
23    the standards set  forth  in  Section  504  of  the  Illinois
24    Marriage and Dissolution of Marriage Act.
25        Any  new  or  existing support order entered by the court
26    under this  Section  shall  be  deemed  to  be  a  series  of
27    judgments   against  the  person  obligated  to  pay  support
28    thereunder, each such judgment to be in the  amount  of  each
29    payment  or  installment of support and each such judgment to
30    be deemed entered as of the date the corresponding payment or
31    installment becomes due under the terms of the support order.
32    Each such judgment shall have  the  full  force,  effect  and
33    attributes of any other judgment of this State, including the
34    ability  to  be  enforced.   Any  such judgment is subject to
                            -20-               LRB9005376SMmb
 1    modification or termination only in accordance  with  Section
 2    510 of the Illinois Marriage and Dissolution of Marriage Act.
 3        When  an order is entered for the support of a minor, the
 4    court may provide therein for reasonable  visitation  of  the
 5    minor  by the person or persons who provided support pursuant
 6    to the order.  Whoever willfully refuses to comply with  such
 7    visitation order or willfully interferes with its enforcement
 8    may be declared in contempt of court and punished therefor.
 9        Except where the local governmental unit has entered into
10    an  agreement  with the Illinois Department for the Child and
11    Spouse Support Unit to act for it,  as  provided  in  Section
12    10-3.1,   support  orders  entered  by  the  court  in  cases
13    involving applicants or recipients  under  Article  VI  shall
14    provide  that  payments  thereunder  be  made directly to the
15    local governmental unit.  Orders for the support of all other
16    applicants  or  recipients  shall   provide   that   payments
17    thereunder  be  made  directly to the Illinois Department. In
18    accordance with federal law  and  regulations,  the  Illinois
19    Department   may  continue  to  collect  current  maintenance
20    payments or child support  payments,  or  both,  after  those
21    persons   cease   to  receive  public  assistance  and  until
22    termination  of  services  under  Article  X.   The  Illinois
23    Department shall  pay  the  net  amount  collected  to  those
24    persons  after  deducting  any  costs  incurred in making the
25    collection or any collection  fee  from  the  amount  of  any
26    recovery  made.   In  both  cases  the order shall permit the
27    local governmental unit or the Illinois  Department,  as  the
28    case  may be, to direct the responsible relative or relatives
29    to make support payments directly to the needy person, or  to
30    some  person  or  agency  in  his behalf, upon removal of the
31    person from the public  aid  rolls  or  upon  termination  of
32    services under Article X.
33        If  the  notice of support due issued pursuant to Section
34    10-7 directs that support payments be made  directly  to  the
                            -21-               LRB9005376SMmb
 1    needy  person, or to some person or agency in his behalf, and
 2    the recipient is removed from the  public  aid  rolls,  court
 3    action   may   be  taken  against  the  responsible  relative
 4    hereunder if he fails to furnish support in  accordance  with
 5    the terms of such notice.
 6        Actions  may also be brought under this Section in behalf
 7    of any person who is in  need  of  support  from  responsible
 8    relatives,  as  defined  in Section 2-11 of Article II who is
 9    not an applicant for or recipient of financial aid under this
10    Code.  In such instances, the State's Attorney of the  county
11    in  which  such person resides shall bring action against the
12    responsible relatives hereunder.  If the Illinois Department,
13    as authorized by Section 10-1, extends the  support  services
14    provided  by  this  Article to spouses and dependent children
15    who are not applicants or recipients  under  this  Code,  the
16    Child  and  Spouse Support Unit established by Section 10-3.1
17    shall  bring  action  against   the   responsible   relatives
18    hereunder and any support orders entered by the court in such
19    cases shall provide that payments thereunder be made directly
20    to the Illinois Department.
21        Whenever it is determined in a proceeding to establish or
22    enforce  a  child  support or maintenance obligation that the
23    person owing a duty of support is unemployed, the  court  may
24    order  the  person to seek employment and report periodically
25    to the court with a diary, listing or other memorandum of his
26    or her efforts in accordance with such order.   Additionally,
27    the  court  may  order the unemployed person to report to the
28    Department of Employment Security for job search services  or
29    to  make application with the local Jobs Training Partnership
30    Act provider for participation in  job  search,  training  or
31    work  programs  and  where  the  duty of support is owed to a
32    child receiving support services under this  Article  X,  the
33    court  may  order  the  unemployed  person  to  report to the
34    Illinois Department of Human Services  for  participation  in
                            -22-               LRB9005376SMmb
 1    job  search,  training  or  work  programs  established under
 2    Section 9-6 of this Code.
 3        A  determination  under  this  Section   shall   not   be
 4    administratively  reviewable  by  the procedures specified in
 5    Sections 10-12, and 10-13  to  10-13.10.   Any  determination
 6    under these Sections, if made the basis of court action under
 7    this   Section,   shall  not  affect  the  de  novo  judicial
 8    determination required under this Section.
 9        A one-time charge of 20% is imposable upon the amount  of
10    past-due child support owed on July 1, 1988 which has accrued
11    under a support order entered by the court.  The charge shall
12    be imposed in accordance with the provisions of Section 10-21
13    of  this  Code  and  shall  be  enforced  by  the  court upon
14    petition.
15        An order for support entered or modified  in  a  case  in
16    which  a party is receiving child and spouse support services
17    under this Article X shall include a provision requiring  the
18    non-custodial  parent  to  notify  the  Illinois  Department,
19    within 7 days, of the name and address of any new employer of
20    the  non-custodial  parent,  whether the non-custodial parent
21    has access to health insurance coverage through the  employer
22    or  other  group  coverage,  and,  if so, the policy name and
23    number and the names of persons covered under the policy.
24        An order for support shall include a date  on  which  the
25    current  support obligation terminates.  The termination date
26    shall be no earlier than the date on which the child  covered
27    by  the order will attain the age of majority or is otherwise
28    emancipated.  The order for  support  shall  state  that  the
29    termination  date  does  not  apply to any arrearage that may
30    remain unpaid on that date.  Nothing in this paragraph  shall
31    be construed to prevent the court from modifying the order.
32        Upon   notification   in   writing   or   by   electronic
33    transmission from the Illinois Department to the clerk of the
34    court  that  a person who is receiving support payments under
                            -23-               LRB9005376SMmb
 1    this Section is receiving services under  the  Child  Support
 2    Enforcement  Program  established by Title IV-D of the Social
 3    Security Act, any support payments subsequently  received  by
 4    the  clerk  of  the  court shall be transmitted in accordance
 5    with the instructions of the Illinois  Department  until  the
 6    Illinois Department gives notice to the clerk of the court to
 7    cease  the  transmittal.    After  providing the notification
 8    authorized under  this  paragraph,  the  Illinois  Department
 9    shall  be  entitled  as  a  party  to  notice  of any further
10    proceedings in the case.  The clerk of the court shall file a
11    copy of the Illinois Department's notification in  the  court
12    file.     The   clerk's   failure  to  file  a  copy  of  the
13    notification in the court file shall not, however, affect the
14    Illinois Department's right  to  receive  notice  of  further
15    proceedings.
16        Payments  under  this  Section to the Illinois Department
17    pursuant to the Child Support Enforcement Program established
18    by Title IV-D of the Social Security Act shall be  paid  into
19    the  Child Support Enforcement Trust Fund. All other payments
20    under this  Section  to  the  Illinois  Department  shall  be
21    deposited  in  the Child Support Public Assistance Recoveries
22    Trust Fund.  Disbursements  from  these  funds  shall  be  as
23    provided   in   Sections   39b58   and  39b59  of  the  Civil
24    Administrative Code of Illinois  12-9  and  12-10.2  of  this
25    Code. Payments received by a local governmental unit shall be
26    deposited in that unit's General Assistance Fund.
27    (Source: P.A. 88-307; 88-687, eff. 1-24-95.)
28        (305 ILCS 5/10-11.1) (from Ch. 23, par. 10-11.1)
29        Sec.  10-11.1.  Whenever it is determined in a proceeding
30    under  Sections  10-6,  10-7,  10-11  or  10-17.1  that   the
31    responsible  relative is unemployed, and support is sought on
32    behalf of applicants for or recipients of financial aid under
33    Article IV of this Code or other persons who are given access
                            -24-               LRB9005376SMmb
 1    to the child and spouse support services of this  Article  as
 2    provided in Section 10-1, the administrative enforcement unit
 3    may  order the responsible relative to report to the Illinois
 4    Department of Human Services for participation in job search,
 5    training or work programs established under  Section  9-6  of
 6    this  Code  or  to  the  Illinois  Department  of  Employment
 7    Security  for job search services or to make application with
 8    the  local  Jobs  Training  Partnership  Act   provider   for
 9    participation in job search, training or work programs.
10    (Source: P.A. 85-1155.)
11        (305 ILCS 5/10-15) (from Ch. 23, par. 10-15)
12        Sec.  10-15.  Enforcement of Administrative Order - Costs
13    and Fees. If a responsible  relative  refuses,  neglects,  or
14    fails  to  comply  with  a  final  administrative  support or
15    reimbursement order of the Illinois Department entered by the
16    Child and Spouse Support Unit pursuant to Sections  10-11  or
17    10-11.1  or registered pursuant to Section 10-17.1, the Child
18    and Spouse Support Unit may file suit against the responsible
19    relative  or  relatives  to  secure   compliance   with   the
20    administrative order.
21        Suits  shall  be  instituted in the name of the People of
22    the State of Illinois on the relation of  the  Department  of
23    Revenue  Human  Services  of  the  State  of Illinois and the
24    spouse or dependent children for whom the support  order  has
25    been issued.
26        The   court  shall  order  the  payment  of  the  support
27    obligation, or orders for reimbursement of moneys for support
28    provided, directly to the Illinois Department but  the  order
29    shall   permit   the   Illinois   Department  to  direct  the
30    responsible relative or relatives to make payments of support
31    directly to the spouse or  dependent  children,  or  to  some
32    person  or  agency  in  his  or  their behalf, as provided in
33    Section 10-8 or 10-10, as applicable.
                            -25-               LRB9005376SMmb
 1        Whenever it is determined in a proceeding to  enforce  an
 2    administrative   order   that  the  responsible  relative  is
 3    unemployed, and support is sought on behalf of applicants for
 4    or recipients of financial aid under Article IV of this  Code
 5    or other persons who are given access to the child and spouse
 6    support services of this Article as provided in Section 10-1,
 7    the   court  may  order  the  responsible  relative  to  seek
 8    employment and report periodically to the court with a diary,
 9    listing  or  other  memorandum  of  his  or  her  efforts  in
10    accordance with such order.  In addition, the court may order
11    the unemployed responsible relative to report to the Illinois
12    Department of Human Services for participation in job search,
13    training or work programs established under  Section  9-6  of
14    this  Code  or  to  the  Illinois  Department  of  Employment
15    Security  for job search services or to make application with
16    the  local  Jobs  Training  Partnership  Act   provider   for
17    participation in job search, training or work programs.
18        Charges  imposed  in  accordance  with  the provisions of
19    Section 10-21 shall be enforced by the Court in a suit  filed
20    under this Section.
21    (Source: P.A. 85-1440.)
22        (305 ILCS 5/10-16) (from Ch. 23, par. 10-16)
23        Sec.   10-16.    Judicial   enforcement   of   court  and
24    administrative  support  orders.)  Court  orders  entered  in
25    proceedings  under  Section  10-10  and  court   orders   for
26    enforcement  of  an  administrative order under Section 10-15
27    and for the payment of money may be enforced by attachment as
28    for contempt against the persons of the  defendants,  and  in
29    addition,  as  other  judgments for the payment of money, and
30    costs may be adjudged against the defendants and  apportioned
31    among them; but if the complaint is dismissed, costs shall be
32    borne  by  the  Illinois Department or the local governmental
33    unit, as the case may  be.   If  a  responsible  relative  is
                            -26-               LRB9005376SMmb
 1    directed   by   the   Illinois   Department,   or  the  local
 2    governmental unit, under the  conditions  stated  in  Section
 3    10-8,  to make support payments directly to the person, or to
 4    some person or agency in his behalf, the court order  entered
 5    against  him  under  this  Section  or  Section  10-10 may be
 6    enforced as herein provided if he thereafter fails to furnish
 7    support in accordance with its terms.  The State of  Illinois
 8    shall  not be required to make a deposit for or pay any costs
 9    or fees of any court or officer  thereof  in  any  proceeding
10    instituted under this Section.
11        The  provisions  of  the  Civil  Practice  Law,  and  all
12    amendments  and  modifications  thereof,  shall  apply to and
13    govern all actions instituted under this Section and  Section
14    10-10.  In  such  actions proof that a person is an applicant
15    for or recipient of public aid under any Article of this Code
16    shall be prima facie proof that he is a person in necessitous
17    circumstances by reason of infirmity, unemployment  or  other
18    cause  depriving  him of the means of a livelihood compatible
19    with health and well-being.
20        Payments under this Section to  the  Illinois  Department
21    pursuant to the Child Support Enforcement Program established
22    by  Title  IV-D of the Social Security Act shall be paid into
23    the Child Support Enforcement Trust Fund. All other  payments
24    under  this  Section  to  the  Illinois  Department  shall be
25    deposited in the Child Support Public  Assistance  Recoveries
26    Trust  Fund.  Disbursements  from  these  funds  shall  be as
27    provided  in  Sections  39b58  and   39b59   of   the   Civil
28    Administrative  Code  of  Illinois  12-9  and 12-10.2 of this
29    Code. Payments received by a local governmental unit shall be
30    deposited in that unit's General Assistance Fund.
31    (Source: P.A. 83-1126.)
32        (305 ILCS 5/10-16.2) (from Ch. 23, par. 10-16.2)
33        (Text of Section before amendment by P.A. 89-507)
                            -27-               LRB9005376SMmb
 1        Sec. 10-16.2.  Withholding of Income to Secure Payment of
 2    Support.
 3    (A)  Definitions.
 4        (1)  "Order for support" means any  order  of  the  court
 5    which  provides for periodic payment of funds for the support
 6    of a child or maintenance of a spouse, whether  temporary  or
 7    final, and includes any such order which provides for:
 8             (a)  Modification  or  resumption  of, or payment of
 9        arrearage accrued under, a previously existing order;
10             (b)  Reimbursement of support; or
11             (c)  Enrollment in a health insurance plan  that  is
12        available  to  the  obligor  through an employer or labor
13        union or trade union.
14        (2)  "Arrearage" means the total amount of unpaid support
15    obligations.
16        (3)  "Delinquency" means any payment under an  order  for
17    support  which  becomes due and remains unpaid after an order
18    for withholding has been entered under subsection (B) or, for
19    purposes of subsection (K), after the last order for  support
20    was entered for which no order for withholding was entered.
21        (4)  "Income"  means  any  form of periodic payment to an
22    individual, regardless of source, including, but not  limited
23    to: wages, salary, commission, compensation as an independent
24    contractor,  workers'  compensation,  disability, annuity and
25    retirement  benefits,   lottery   prize   awards,   insurance
26    proceeds,  vacation pay, bonuses, profit-sharing payments and
27    any other payments,  made  by  any  person,  private  entity,
28    federal  or  state  government, any unit of local government,
29    school district or any entity created by Public Act; however,
30    "income" excludes:
31             (a)  Any amounts required by  law  to  be  withheld,
32        other  than  creditor  claims, including, but not limited
33        to, federal, State and local taxes, Social  Security  and
34        other retirement and disability contributions;
                            -28-               LRB9005376SMmb
 1             (b)  Union dues;
 2             (c)  Any  amounts  exempted  by the federal Consumer
 3        Credit Protection Act;
 4             (d)  Public assistance payments; and
 5             (e)  Unemployment  insurance  benefits   except   as
 6        provided by law.
 7        Any  other  State  or  local  laws  which limit or exempt
 8    income or the amount or percentage  of  income  that  can  be
 9    withheld shall not apply.
10        (5)  "Obligor"  means  the  individual who owes a duty to
11    make payments under an order for support.
12        (6)  "Obligee" means the individual to  whom  a  duty  of
13    support is owed or the individual's legal representative.
14        (7)  "Payor" means any payor of income to an obligor.
15        (8)  "Public  office"  means  any elected official or any
16    State or local agency which is or may become  responsible  by
17    law  for enforcement of, or which is or may become authorized
18    to enforce, an order for support, including, but not  limited
19    to:  the Attorney General, the Illinois Department of Revenue
20    Public Aid, the Illinois  Department  of  Mental  Health  and
21    Developmental   Disabilities,   the  Illinois  Department  of
22    Children  and  Family  Services,  and  the  various   State's
23    Attorneys,  Clerks  of  the  Circuit Court and supervisors of
24    general assistance.
25        (9)  "Premium" means the  dollar  amount  for  which  the
26    obligor  is  liable  to  his employer or labor union or trade
27    union and which must be paid to enroll or maintain a child in
28    a health insurance plan that  is  available  to  the  obligor
29    through an employer or labor union or trade union.
30    (B)  Entry of an Order for Withholding.
31        (1)  Upon  entry  of  any  order  for support on or after
32    January 1, 1984, the court shall enter a separate  order  for
33    withholding  which  shall  not take effect unless the obligor
34    becomes delinquent in paying the order  for  support  or  the
                            -29-               LRB9005376SMmb
 1    obligor  requests  an earlier effective date; except that the
 2    court may require the order for withholding  to  take  effect
 3    immediately.
 4        On  or after January 1, 1989, the court shall require the
 5    order for withholding to take effect  immediately,  unless  a
 6    written  agreement  is  reached  between  and  signed by both
 7    parties providing for an  alternative  arrangement,  approved
 8    and  entered  into  the  record  by  the court, which insures
 9    payment of support.  In that case, the court shall enter  the
10    order  for  withholding which will not take effect unless the
11    obligor becomes delinquent in paying the order for support.
12        Upon entry of any order of support on or after  September
13    11,  1989, if the obligor is not a United States citizen, the
14    obligor shall  provide  to  the  court  the  obligor's  alien
15    registration  number,  passport  number,  and  home country's
16    social security or national health number, if applicable; the
17    court shall make the information part of the  record  in  the
18    case.
19        (2)  An  order  for  withholding  shall  be  entered upon
20    petition by the obligee or public office where an  order  for
21    withholding has not been previously entered.
22        (3)  The order for withholding shall:
23             (a)  Direct  any  payor  to withhold a dollar amount
24        equal to the order for support; and
25             (b)  Direct any  payor  to  withhold  an  additional
26        dollar  amount,  not  less  than  20%  of  the  order for
27        support, until payment in full of any delinquency  stated
28        in  the  notice of delinquency provided for in subsection
29        (C) or (F) of this Section; and
30             (c)  Direct any payor or labor union or trade  union
31        to  enroll a child as a beneficiary of a health insurance
32        plan  and   withhold  or  cause  to   be   withheld,   if
33        applicable, any required premium; and
34             (d)  State  the  rights,  remedies and duties of the
                            -30-               LRB9005376SMmb
 1        obligor under this Section; and
 2             (e)  Include the obligor's Social  Security  Number,
 3        which the obligor shall disclose to the court; and
 4             (f)  Include  the  date that withholding for current
 5        support  terminates,  which  shall   be   the   date   of
 6        termination  of  the current support obligation set forth
 7        in the order for support.
 8        (4)  At the time the order for  withholding  is  entered,
 9    the  Clerk  of  the Circuit Court shall provide a copy of the
10    order for withholding  and  the  order  for  support  to  the
11    obligor  and  shall  make copies available to the obligee and
12    public  office.   Any  copy  of  the  order  for  withholding
13    furnished to the  parties  under  this  subsection  shall  be
14    stamped "Not Valid".
15        (5)  The order for withholding shall remain in effect for
16    as long as the order for support upon which it is based.
17        (6)  The  failure of an order for withholding to state an
18    arrearage is not  conclusive  of  the  issue  of  whether  an
19    arrearage is owing.
20        (7)  Notwithstanding  the  provisions of this subsection,
21    if the court finds  at  the  time  of  any  hearing  that  an
22    arrearage  has  accrued  in  an  amount equal to at least one
23    month's support obligation or that the  obligor  is  30  days
24    late  in  paying  all  or  part of the order for support, the
25    court  shall  order  immediate  service  of  the  order   for
26    withholding upon the payor.
27        (8)  Where  the court has not required that the order for
28    withholding take effect immediately, the  obligee  or  public
29    office   may   prepare  and  serve  a  notice  for  immediate
30    withholding upon the obligor by ordinary  mail  addressed  to
31    the  obligor  at  his  or her last known address.  The notice
32    shall state that the following circumstances have occurred:
33             (a)  The parties'  written  agreement  providing  an
34        alternative  arrangement  to  immediate withholding under
                            -31-               LRB9005376SMmb
 1        paragraph (1) of this subsection no longer  provides  for
 2        timely payment of all support due; or
 3             (b)  The  obligor  has  not  made timely payments in
 4        that the obligor has been at least 7 days late in  paying
 5        all  or  part  of the order for support any of the last 6
 6        consecutive dates payments were due prior to the date  of
 7        the notice for immediate withholding.
 8        The  notice for immediate withholding shall clearly state
 9    that a specially certified copy of the order for  withholding
10    will  be  sent  to  the  payor,  unless  the  obligor files a
11    petition contesting  immediate  withholding  within  20  days
12    after  service  of  the  notice; however, the grounds for the
13    petition shall be limited to a dispute concerning whether the
14    circumstances stated in  the  notice  have  occurred  or  the
15    identity  of  the  obligor.   It shall not be grounds for the
16    petition that the obligor has made all payments  due  by  the
17    date of the petition.
18        If  the  obligor  files  a  petition contesting immediate
19    withholding within the  20-day  period  required  under  this
20    paragraph,  the  Clerk  of the Circuit Court shall notify the
21    obligor and the obligee or public office, as appropriate,  of
22    the  time  and  place  of  the hearing on the petition.  Upon
23    hearing the petition, the court shall enter an order granting
24    or denying relief.  It shall not be grounds for granting  the
25    obligor's  petition  that he or she has made all payments due
26    by the date of hearing.  If the court  denies  the  obligor's
27    petition,  it  shall order immediate service of the order for
28    withholding and direct  the  clerk  to  provide  a  specially
29    certified copy of the order for withholding to the obligee or
30    public  office indicating that the requirements for immediate
31    withholding under this paragraph have been met.
32        If the  obligor  does  not  file  a  petition  contesting
33    immediate  withholding  within the 20-day period, the obligee
34    or public office shall file with the  Clerk  of  the  Circuit
                            -32-               LRB9005376SMmb
 1    Court  an  affidavit, with a copy of the notice for immediate
 2    withholding attached thereto, stating  that  the  notice  was
 3    duly  served  and the date on which service was effected, and
 4    that  the  obligor  has  not  filed  a  petition   contesting
 5    immediate  withholding.   The clerk shall then provide to the
 6    obligee or public office a specially certified  copy  of  the
 7    order  for  withholding  indicating that the requirements for
 8    immediate withholding under this paragraph have been met.
 9        Upon receipt of a specially certified copy of  the  order
10    for  withholding,  the obligee or public office may serve the
11    order on the payor,  its  superintendent,  manager  or  other
12    agent,  by  certified  mail or personal delivery.  A proof of
13    service shall be filed with the Clerk of the Circuit Court.
14    (C)  Notice of Delinquency.
15        (1)  Whenever an obligor becomes delinquent in payment of
16    an amount equal to at least one  month's  support  obligation
17    pursuant to the order for support or is at least 30 days late
18    in  complying  with  all  or  part  of the order for support,
19    whichever occurs first, the  obligee  or  public  office  may
20    prepare  and serve a verified notice of delinquency, together
21    with a form petition to stay service, pursuant  to  paragraph
22    (3) of this subsection.
23        (2)  The  notice of delinquency shall recite the terms of
24    the order for support and contain a computation of the period
25    and total amount of the delinquency, as of the  date  of  the
26    notice.   The notice shall clearly state that it will be sent
27    to the payor, together with a specially certified copy of the
28    order for withholding, except as provided in subsection  (F),
29    unless  the  obligor  files  a  petition  to  stay service in
30    accordance with paragraph (1) of subsection (D).
31        (3)  The  notice  of  delinquency  shall  be  served   by
32    ordinary    mail  addressed to the obligor at his or her last
33    known address.
34        (4)  The obligor may execute  a  written  waiver  of  the
                            -33-               LRB9005376SMmb
 1    provisions  of  paragraphs (1) through (3) of this subsection
 2    and request immediate service upon the payor.
 3    (D)  Procedures to Avoid Income Withholding.
 4        (1)  Except as provided in subsection  (F),  the  obligor
 5    may  prevent  an  order  for withholding from being served by
 6    filing a petition to stay  service  with  the  Clerk  of  the
 7    Circuit  Court, within 20 days after service of the notice of
 8    delinquency; however, the grounds for the  petition  to  stay
 9    service shall be limited to:
10             (a)  A  dispute  concerning  the  amount  of current
11        support or the existence or amount of the delinquency;
12             (b)  The identity of the obligor.
13        The Clerk of the Circuit Court shall notify  the  obligor
14    and the obligee or public office, as appropriate, of the time
15    and place of the hearing on the petition to stay service. The
16    court  shall  hold such hearing pursuant to the provisions of
17    subsection (H).
18        (2)  Except as provided in subsection (F),  filing  of  a
19    petition  to  stay service, within the 20-day period required
20    under this subsection, shall prohibit the obligee  or  public
21    office from serving the order for withholding on any payor of
22    the obligor.
23    (E)  Initial Service of Order for Withholding.
24        (1)  Except  as  provided  in subsection (F), in order to
25    serve an order for withholding upon a payor,  an  obligee  or
26    public  office  shall follow the procedures set forth in this
27    subsection.  After 20 days following service of the notice of
28    delinquency, the obligee or public office shall file with the
29    Clerk of the Circuit Court an affidavit, with the copy of the
30    notice of delinquency attached thereto, stating:
31             (a)  that the notice of delinquency  has  been  duly
32        served and the date on which service was effected; and
33             (b)  that  the  obligor  has not filed a petition to
34        stay service, or in the alternative
                            -34-               LRB9005376SMmb
 1             (c)  that the obligor has waived the  provisions  of
 2        subparagraphs  (a)  and  (b)  of  this  paragraph  (1) in
 3        accordance with subsection (C)(4).
 4        (2)  Upon request of the obligee or  public  office,  the
 5    Clerk  of  the  Circuit  Court  shall: (a) make available any
 6    record of payment; and (b) determine that the file contains a
 7    copy of the affidavit described in paragraph (1).  The  Clerk
 8    shall  then  provide  to  the  obligee  or  public  office  a
 9    specially certified copy of the order for withholding and the
10    notice  of  delinquency indicating that the preconditions for
11    service have been met.
12        (3)  The obligee or public  office  may  then  serve  the
13    notice of delinquency and order for withholding on the payor,
14    its superintendent, manager or other agent, by certified mail
15    or personal delivery.  A proof of service shall be filed with
16    the Clerk of the Circuit Court.
17    (F)  Subsequent Service of Order for Withholding.
18        (1)  Notwithstanding  the  provisions of this Section, at
19    any time after the court has ordered immediate service of  an
20    order  for  withholding  or after initial service of an order
21    for withholding pursuant to subsection (E),  the  obligee  or
22    public  office  may  serve the order for withholding upon any
23    payor of the obligor without further notice to  the  obligor.
24    The  obligee  or  public  office  shall provide notice to the
25    payor, pursuant to paragraph (6) of subsection  (I),  of  any
26    payments  that have been made through previous withholding or
27    any other method.
28        (2)  The Clerk of the Circuit Court shall, upon  request,
29    provide the obligee or public office with specially certified
30    copies  of  the  order  for  withholding  or  the  notice  of
31    delinquency  or both whenever the Court has ordered immediate
32    service of an order for withholding or an affidavit has  been
33    placed  in  the  court file indicating that the preconditions
34    for service have been previously met or that the requirements
                            -35-               LRB9005376SMmb
 1    for immediate withholding under paragraph (8) of subsection B
 2    have been previously met.  The obligee or public  office  may
 3    then  serve  the  order  for  withholding  on  the payor, its
 4    superintendent, manager or other agent by certified  mail  or
 5    personal  delivery.   A  proof of service shall be filed with
 6    the Clerk of the Circuit Court.
 7        (3)  If a delinquency has accrued  for  any  reason,  the
 8    obligee  or  public  office may serve a notice of delinquency
 9    upon the obligor pursuant to subsection (C).  The obligor may
10    prevent the notice of delinquency from being served upon  the
11    payor  by  utilizing  the  procedures set forth in subsection
12    (D). If no petition to stay service has been filed within the
13    required 20 day time period, the obligee or public office may
14    serve the notice of delinquency on the payor by utilizing the
15    procedures for service set forth in subsection (E).
16    (G)  Duties of Payor.
17        (1)  It shall be the duty  of  any  payor  who  has  been
18    served  with  a  copy  of  the  specially certified order for
19    withholding and any notice of delinquency to deduct  and  pay
20    over  income as provided in this subsection.  The payor shall
21    deduct the amount designated in the order for withholding, as
22    supplemented by the notice  of  delinquency  and  any  notice
23    provided   pursuant  to  paragraph  (6)  of  subsection  (I),
24    beginning no later than the next payment of income  which  is
25    payable to the obligor that occurs 14 days following the date
26    the  order  and  any  notice were mailed by certified mail or
27    placed for personal delivery.   The  payor  may  combine  all
28    amounts  withheld  for  the  benefit  of an obligee or public
29    office into a single payment and transmit the payment with  a
30    listing  of obligors from whom withholding has been effected.
31    The payor shall pay the amount withheld  to  the  obligee  or
32    public  office  within 10 calendar days of the date income is
33    paid  to  the  obligor  in  accordance  with  the  order  for
34    withholding and any subsequent notification received from the
                            -36-               LRB9005376SMmb
 1    public office redirecting payments. If  the  payor  knowingly
 2    fails  to  pay  any  amount withheld to the obligee or public
 3    office within 10 calendar days of the date income is paid  to
 4    the  obligor,  the payor shall pay a penalty of $100 for each
 5    day that the withheld amount is not paid to  the  obligee  or
 6    public  office  after  the  period  of  10  calendar days has
 7    expired.  The failure of a payor, on more than one  occasion,
 8    to  pay  amounts  withheld  to  the  obligee or public office
 9    within 10 calendar days of the date income is not paid to the
10    obligor creates a presumption that the payor knowingly failed
11    to pay the amounts.  This penalty may be collected in a civil
12    action which may be brought against the payor in favor of the
13    obligee.  For purposes of this  Section,  a  withheld  amount
14    shall  be considered paid by a payor on the date it is mailed
15    by the payor, or on the date an electronic funds transfer  of
16    the  amount  has  been initiated by the payor, or on the date
17    delivery of the amount has been initiated by the  payor.  For
18    each deduction, the payor shall provide the obligee or public
19    office,  at the time of transmittal, with the date income was
20    paid from which support was withheld.
21        Upon receipt of an order requiring that a minor child  be
22    named  as  a beneficiary of a health insurance plan available
23    through an employer  or  labor  union  or  trade  union,  the
24    employer  or  labor  union  or  trade union shall immediately
25    enroll the  minor  child  as  a  beneficiary  in  the  health
26    insurance  plan  designated by the court order.  The employer
27    shall withhold any required premiums and pay over any amounts
28    so withheld and any additional amounts the employer  pays  to
29    the  insurance  carrier  in a timely manner.  The employer or
30    labor union or trade union shall mail to the obligee,  within
31    15  days of enrollment or upon request, notice of the date of
32    coverage, information on the dependent coverage plan, and all
33    forms necessary to obtain reimbursement  for  covered  health
34    expenses, such as would be made available  to a new employee.
                            -37-               LRB9005376SMmb
 1    When  an  order  for  dependent coverage is in effect and the
 2    insurance coverage is terminated or changed for  any  reason,
 3    the  employer  or labor union or trade union shall notify the
 4    obligee within 10 days of  the  termination  or  change  date
 5    along with notice of conversion privileges.
 6        For withholding of income, the payor shall be entitled to
 7    receive a fee not to exceed $5 per month to be taken from the
 8    income to be paid to the obligor.
 9        (2)  Whenever  the  obligor is no longer receiving income
10    from the payor, the payor shall return a copy  of  the  order
11    for  withholding  to  the  obligee or public office and shall
12    provide  information  for  the  purpose  of  enforcing   this
13    Section.
14        (3)  Withholding  of  income  under this Section shall be
15    made without regard to any prior or subsequent  garnishments,
16    attachments,   wage  assignments,  or  any  other  claims  of
17    creditors.  Withholding of income under  this  Section  shall
18    not  be  in excess of the maximum amounts permitted under the
19    federal Consumer Credit Protection Act. If the payor has been
20    served with more than one order for withholding pertaining to
21    the same obligor, the payor shall allocate  income  available
22    for  withholding  on  a  proportionate  share  basis,  giving
23    priority to current support payments.  If there is any income
24    available  for  withholding after withholding for all current
25    support obligations, the payor shall allocate the  income  to
26    past  due  support  payments  ordered in non-AFDC matters and
27    then to past due support payments ordered  in  AFDC  matters,
28    both  on  a proportionate share basis. Payment as required by
29    the order for withholding shall be a complete defense by  the
30    payor  against  any claims of the obligor or his creditors as
31    to the sum so paid.
32        (4)  No payor shall discharge, discipline, refuse to hire
33    or otherwise penalize any obligor  because  of  the  duty  to
34    withhold income.
                            -38-               LRB9005376SMmb
 1    (H)  Petitions  to  Stay  Service  or  to  Modify, Suspend or
 2    Terminate Orders for Withholding.
 3        (1)  When an obligor files a petition  to  stay  service,
 4    the  court,  after  due notice to all parties, shall hear the
 5    matter as soon  as  practicable  and  shall  enter  an  order
 6    granting   or   denying   relief,   amending  the  notice  of
 7    delinquency,  amending  the  order  for  withholding,   where
 8    applicable,  or otherwise resolving the matter.  If the court
 9    finds  that  a  delinquency  existed  when  the   notice   of
10    delinquency  was  served upon the obligor, in an amount of at
11    least one month's support obligation, or that the obligor was
12    at least 30 days late in paying all or part of the order  for
13    support, the court shall order immediate service of the order
14    for withholding.  Where the court cannot promptly resolve any
15    dispute  over  the  amount  of the delinquency, the court may
16    order immediate service of the order for  withholding  as  to
17    any  undisputed  amounts  specified  in  an amended notice of
18    delinquency, and may continue the  hearing  on  the  disputed
19    amounts.
20        (2)  At  any  time, an obligor, obligee, public office or
21    Clerk of the Circuit Court may petition the court to:
22             (a)  Modify, suspend  or  terminate  the  order  for
23        withholding  because  of  a  modification,  suspension or
24        termination of the underlying order for support; or
25             (b)  Modify the amount of income to be  withheld  to
26        reflect  payment in full or in part of the delinquency or
27        arrearage by income withholding or otherwise; or
28             (c)  Suspend the order for  withholding  because  of
29        inability  to  deliver income withheld to the obligee due
30        to the obligee's failure to provide a mailing address  or
31        other means of delivery.
32        (3)  The obligor, obligee or public office shall serve on
33    the  payor, by certified mail or personal delivery, a copy of
34    any order entered pursuant to this  subsection  that  affects
                            -39-               LRB9005376SMmb
 1    the duties of the payor.
 2        (4)  At any time, a public office or Clerk of the Circuit
 3    Court may serve a notice on the payor to:
 4             (a)  cease  withholding  of  income  for  payment of
 5        current support for a child when the  support  obligation
 6        for  that  child has automatically ceased under the order
 7        for support through emancipation or otherwise; or
 8             (b)  cease withholding  of  income  for  payment  of
 9        delinquency   or   arrearage   when  the  delinquency  or
10        arrearage has been paid in full.
11        (5)  The notice provided for under paragraph (4) of  this
12    subsection shall be served on the payor by ordinary mail, and
13    a  copy  shall be provided to the obligor and the obligee.  A
14    copy of the notice shall be  filed  with  the  Clerk  of  the
15    Circuit Court.
16        (6)  The  order  for  withholding  shall  continue  to be
17    binding upon the payor until service  of  any  order  of  the
18    court   or   notice   entered  or  provided  for  under  this
19    subsection.
20    (I)  Additional Duties.
21        (1)  An  obligee  who  is  receiving  income  withholding
22    payments under this Section shall notify the  payor,  if  the
23    obligee receives the payments directly from the payor, or the
24    public   office  or  the  Clerk  of  the  Circuit  Court,  as
25    appropriate, of any change of address within 7 days  of  such
26    change.
27        (2)  An  obligee  who  is a recipient of public aid shall
28    send a copy of any notice of delinquency  filed  pursuant  to
29    subsection (C) to the Bureau of Child Support of the Illinois
30    Department of Revenue Public Aid.
31        (3)  Each  obligor shall notify the obligee and the Clerk
32    of the Circuit Court of any change of address within 7 days.
33        (4)  An obligor whose income is being withheld or who has
34    been served with a notice of  delinquency  pursuant  to  this
                            -40-               LRB9005376SMmb
 1    Section shall notify the obligee and the Clerk of the Circuit
 2    Court of any new payor, within 7 days.
 3        (5)  When  the  Illinois Department of Revenue Public Aid
 4    is no longer authorized to receive payments for the  obligee,
 5    it   shall,  within  7  days,  notify  the  payor  or,  where
 6    appropriate, the Clerk of  the  Circuit  Court,  to  redirect
 7    income withholding payments to the obligee.
 8        (6)  The obligee or public office shall provide notice to
 9    the payor and Clerk of the Circuit Court of any other support
10    payment  made,  including but not limited to, a set-off under
11    federal and State law or partial payment of  the  delinquency
12    or arrearage, or both.
13        (7)  Any  public  office  and  Clerk of the Circuit Court
14    which collects, disburses or receives  payments  pursuant  to
15    orders for withholding shall maintain complete, accurate, and
16    clear  records  of  all  payments  and  their  disbursements.
17    Certified  copies  of  payment records maintained by a public
18    office or Clerk of the Circuit Court shall,  without  further
19    proof,  be  admitted  into  evidence in any legal proceedings
20    under this Section.
21        (8)  The Illinois Department of Revenue Public Aid  shall
22    design  suggested  legal  forms  for  proceeding  under  this
23    Section and shall make available to the courts such forms and
24    informational  materials  which  describe  the procedures and
25    remedies set forth herein for distribution to all parties  in
26    support actions.
27        (9)  At  the  time  of transmitting each support payment,
28    the clerk of the circuit court shall provide the  obligee  or
29    public office, as appropriate, with any information furnished
30    by  the  payor as to the date income was paid from which such
31    support was withheld.
32    (J)  Penalties.
33        (1)  Where a payor wilfully fails to withhold or pay over
34    income pursuant to a  properly  served,  specially  certified
                            -41-               LRB9005376SMmb
 1    order  for  withholding  and  any  notice  of delinquency, or
 2    wilfully  discharges,  disciplines,  refuses   to   hire   or
 3    otherwise  penalizes  an  obligor as prohibited by subsection
 4    (G), or otherwise fails to comply with any duties imposed  by
 5    this  Section,  the  obligee,  public  office  or obligor, as
 6    appropriate, may file a complaint with the court against  the
 7    payor.   The  clerk  of  the  circuit  court shall notify the
 8    obligee or public office, as appropriate, and the obligor and
 9    payor of the time and place of the hearing on the  complaint.
10    The  court  shall  resolve any factual dispute including, but
11    not limited to, a denial that the payor is paying or has paid
12    income to the obligor.   Upon  a  finding  in  favor  of  the
13    complaining party, the court:
14             (a)  Shall enter judgment and direct the enforcement
15        thereof  for  the  total  amount  that the payor wilfully
16        failed to withhold or pay over; and
17             (b)  May order employment  or  reinstatement  of  or
18        restitution  to  the  obligor, or both, where the obligor
19        has been discharged, disciplined,  denied  employment  or
20        otherwise  penalized  by  the payor and may impose a fine
21        upon the payor not to exceed $200.
22        (2)  Any obligee, public office or obligor  who  wilfully
23    initiates  a  false  proceeding  under  this  Section  or who
24    wilfully fails  to  comply  with  the  requirements  of  this
25    Section shall be punished as in cases of contempt of court.
26    (K)  Alternative Procedures for Entry and Service of an Order
27    for Withholding.
28        (1)  Effective January 1, 1987, in any matter in which an
29    order  for  withholding  has not been entered for any reason,
30    based upon the last order for support that has been  entered,
31    and  in which the obligor has become delinquent in payment of
32    an amount equal to at least one  month's  support  obligation
33    pursuant to the last order for support or is at least 30 days
34    late in  complying with all or part of the order for support,
                            -42-               LRB9005376SMmb
 1    the  obligee  or public office may prepare and serve an order
 2    for withholding pursuant to the procedures set forth in  this
 3    subsection.
 4        (2)  The obligee or public office shall:
 5             (a)  Prepare  a  proposed  order for withholding for
 6        immediate service as provided by paragraphs (1)  and  (3)
 7        of   subsection   (B),   except   that  the  minimum  20%
 8        delinquency payment shall be used;
 9             (b)  Prepare a notice of delinquency as provided  by
10        paragraphs  (1)  and  (2)  of  subsection (C), except the
11        notice shall state further that the order for withholding
12        has not been entered by  the  court  and  the  conditions
13        under which the order will be entered; and
14             (c)  Serve   the  notice  of  delinquency  and  form
15        petition to stay service as provided by paragraph (3)  of
16        subsection  (C),  together  with  the  proposed order for
17        withholding, which shall be marked "COPY ONLY".
18        (3)  After 20 days following service  of  the  notice  of
19    delinquency  and  proposed  order for withholding, in lieu of
20    the provisions of  subsection  (E),  the  obligee  or  public
21    office  shall  file  with  the  Clerk of the Circuit Court an
22    affidavit, with a copy  of  the  notice  of  delinquency  and
23    proposed  order  for  withholding  attached  thereto, stating
24    that:
25             (a)  The notice of delinquency  and  proposed  order
26        for withholding have been served upon the obligor and the
27        date on which service was effected;
28             (b)  The  obligor  has  not filed a petition to stay
29        service within 20 days of  service  of  such  notice  and
30        order; and
31             (c)  The  proposed  order for withholding accurately
32        states the terms and amounts contained in the last  order
33        for support.
34        (4)  Upon  the  court's  satisfaction that the procedures
                            -43-               LRB9005376SMmb
 1    set forth in this subsection have been met,  it  shall  enter
 2    the order for withholding.
 3        (5)  The  Clerk  shall  then  provide  to  the obligee or
 4    public office a specially certified copy  of  the  order  for
 5    withholding and the notice of delinquency indicating that the
 6    preconditions for service have been met.
 7        (6)  The   obligee  or  public  office  shall  serve  the
 8    specially certified copies of the order for  withholding  and
 9    the  notice  of delinquency on the payor, its superintendent,
10    manager  or  other  agent  by  certified  mail  or   personal
11    delivery.   A  proof of service shall be filed with the Clerk
12    of the Circuit Court.
13        (7)  If the  obligor  requests  in  writing  that  income
14    withholding  become effective prior to becoming delinquent in
15    payment of an amount equal to one month's support  obligation
16    pursuant  to the last order for support, or prior to becoming
17    30 days late in paying all or part of the order for  support,
18    the obligee or public office shall file an affidavit with the
19    Clerk  of  the  circuit  Court,  with  a  proposed  order for
20    withholding  attached,  stating  that  the   proposed   order
21    accurately states the terms and amounts contained in the last
22    order  for  support  and  the obligor's request for immediate
23    service.  The provisions of paragraphs  (4)  through  (6)  of
24    this   subsection  shall  apply,  except  that  a  notice  of
25    delinquency shall not be required.
26        (8)  All  other  provisions  of  this  Section  shall  be
27    applicable with respect to the provisions of this  subsection
28    (K),  except  that under paragraph (1) of subsection (H), the
29    court may also amend the proposed order  for  withholding  to
30    conform to the last order for support.
31        (9)  Nothing  in  this  subsection  shall be construed as
32    limiting the requirements of paragraph (1) of subsection  (B)
33    with respect to the entry of a separate order for withholding
34    upon entry of any order for support.
                            -44-               LRB9005376SMmb
 1    (L)  Remedies in Addition to Other Laws.
 2        (1)  The  rights,  remedies, duties and penalties created
 3    by this Section are in addition to and  not  in  substitution
 4    for  any other rights, remedies, duties and penalties created
 5    by any other law.
 6        (2)  Nothing  in  this  Section  shall  be  construed  as
 7    invalidating any assignment of  wages  or  benefits  executed
 8    prior to January 1, 1984.
 9    (Source: P.A.  87-529; 87-935; 87-988; 87-1105; 88-26; 88-45;
10    88-94; 88-131; 88-307; 88-670, eff. 12-2-94.)
11        (Text of Section after amendment by P.A. 89-507)
12        Sec. 10-16.2.  Withholding of Income to Secure Payment of
13    Support.
14    (A)  Definitions.
15        (1)  "Order for support" means any  order  of  the  court
16    which  provides for periodic payment of funds for the support
17    of a child or maintenance of a spouse, whether  temporary  or
18    final, and includes any such order which provides for:
19             (a)  Modification  or  resumption  of, or payment of
20        arrearage accrued under, a previously existing order;
21             (b)  Reimbursement of support; or
22             (c)  Enrollment in a health insurance plan  that  is
23        available  to  the  obligor  through an employer or labor
24        union or trade union.
25        (2)  "Arrearage" means the total amount of unpaid support
26    obligations.
27        (3)  "Delinquency" means any payment under an  order  for
28    support  which  becomes due and remains unpaid after an order
29    for withholding has been entered under subsection (B) or, for
30    purposes of subsection (K), after the last order for  support
31    was entered for which no order for withholding was entered.
32        (4)  "Income"  means  any  form of periodic payment to an
33    individual, regardless of source, including, but not  limited
34    to: wages, salary, commission, compensation as an independent
                            -45-               LRB9005376SMmb
 1    contractor,  workers'  compensation,  disability, annuity and
 2    retirement  benefits,   lottery   prize   awards,   insurance
 3    proceeds,  vacation pay, bonuses, profit-sharing payments and
 4    any other payments,  made  by  any  person,  private  entity,
 5    federal  or  state  government, any unit of local government,
 6    school district or any entity created by Public Act; however,
 7    "income" excludes:
 8             (a)  Any amounts required by  law  to  be  withheld,
 9        other  than  creditor  claims, including, but not limited
10        to, federal, State and local taxes, Social  Security  and
11        other retirement and disability contributions;
12             (b)  Union dues;
13             (c)  Any  amounts  exempted  by the federal Consumer
14        Credit Protection Act;
15             (d)  Public assistance payments; and
16             (e)  Unemployment  insurance  benefits   except   as
17        provided by law.
18        Any  other  State  or  local  laws  which limit or exempt
19    income or the amount or percentage  of  income  that  can  be
20    withheld shall not apply.
21        (5)  "Obligor"  means  the  individual who owes a duty to
22    make payments under an order for support.
23        (6)  "Obligee" means the individual to  whom  a  duty  of
24    support is owed or the individual's legal representative.
25        (7)  "Payor" means any payor of income to an obligor.
26        (8)  "Public  office"  means  any elected official or any
27    State or local agency which is or may become  responsible  by
28    law  for enforcement of, or which is or may become authorized
29    to enforce, an order for support, including, but not  limited
30    to:  the Attorney General, the Illinois Department of Revenue
31    Public Aid, the Illinois Department  of  Human  Services  (as
32    successor   to   the   Department   of   Mental   Health  and
33    Developmental  Disabilities),  the  Illinois  Department   of
34    Children   and  Family  Services,  and  the  various  State's
                            -46-               LRB9005376SMmb
 1    Attorneys, Clerks of the Circuit  Court  and  supervisors  of
 2    general assistance.
 3        (9)  "Premium"  means  the  dollar  amount  for which the
 4    obligor is liable to his employer or  labor  union  or  trade
 5    union and which must be paid to enroll or maintain a child in
 6    a  health  insurance  plan  that  is available to the obligor
 7    through an employer or labor union or trade union.
 8    (B)  Entry of an Order for Withholding.
 9        (1)  Upon entry of any order  for  support  on  or  after
10    January  1,  1984, the court shall enter a separate order for
11    withholding which shall not take effect  unless  the  obligor
12    becomes  delinquent  in  paying  the order for support or the
13    obligor requests an earlier effective date; except  that  the
14    court  may  require  the order for withholding to take effect
15    immediately.
16        On or after January 1, 1989, the court shall require  the
17    order  for  withholding  to take effect immediately, unless a
18    written agreement is  reached  between  and  signed  by  both
19    parties  providing  for  an alternative arrangement, approved
20    and entered into the  record  by  the  court,  which  insures
21    payment  of support.  In that case, the court shall enter the
22    order for withholding which will not take effect  unless  the
23    obligor becomes delinquent in paying the order for support.
24        Upon  entry of any order of support on or after September
25    11, 1989, if the obligor is not a United States citizen,  the
26    obligor  shall  provide  to  the  court  the  obligor's alien
27    registration number,  passport  number,  and  home  country's
28    social security or national health number, if applicable; the
29    court  shall  make  the information part of the record in the
30    case.
31        (2)  An order  for  withholding  shall  be  entered  upon
32    petition  by  the obligee or public office where an order for
33    withholding has not been previously entered.
34        (3)  The order for withholding shall:
                            -47-               LRB9005376SMmb
 1             (a)  Direct any payor to withhold  a  dollar  amount
 2        equal to the order for support; and
 3             (b)  Direct  any  payor  to  withhold  an additional
 4        dollar amount,  not  less  than  20%  of  the  order  for
 5        support,  until payment in full of any delinquency stated
 6        in the notice of delinquency provided for  in  subsection
 7        (C) or (F) of this Section; and
 8             (c)  Direct  any payor or labor union or trade union
 9        to enroll a child as a beneficiary of a health  insurance
10        plan   and    withhold   or  cause  to  be  withheld,  if
11        applicable, any required premium; and
12             (d)  State the rights, remedies and  duties  of  the
13        obligor under this Section; and
14             (e)  Include  the  obligor's Social Security Number,
15        which the obligor shall disclose to the court; and
16             (f)  Include the date that withholding  for  current
17        support   terminates,   which   shall   be  the  date  of
18        termination of the current support obligation  set  forth
19        in the order for support.
20        (4)  At  the  time  the order for withholding is entered,
21    the Clerk of the Circuit Court shall provide a  copy  of  the
22    order  for  withholding  and  the  order  for  support to the
23    obligor and shall make copies available to  the  obligee  and
24    public  office.   Any  copy  of  the  order  for  withholding
25    furnished  to  the  parties  under  this  subsection shall be
26    stamped "Not Valid".
27        (5)  The order for withholding shall remain in effect for
28    as long as the order for support upon which it is based.
29        (6)  The failure of an order for withholding to state  an
30    arrearage  is  not  conclusive  of  the  issue  of whether an
31    arrearage is owing.
32        (7)  Notwithstanding the provisions of  this  subsection,
33    if  the  court  finds  at  the  time  of  any hearing that an
34    arrearage has accrued in an amount  equal  to  at  least  one
                            -48-               LRB9005376SMmb
 1    month's  support  obligation  or  that the obligor is 30 days
 2    late in paying all or part of  the  order  for  support,  the
 3    court   shall  order  immediate  service  of  the  order  for
 4    withholding upon the payor.
 5        (8)  Where the court has not required that the order  for
 6    withholding  take  effect  immediately, the obligee or public
 7    office  may  prepare  and  serve  a  notice   for   immediate
 8    withholding  upon  the  obligor by ordinary mail addressed to
 9    the obligor at his or her last  known  address.   The  notice
10    shall state that the following circumstances have occurred:
11             (a)  The  parties'  written  agreement  providing an
12        alternative arrangement to  immediate  withholding  under
13        paragraph  (1)  of this subsection no longer provides for
14        timely payment of all support due; or
15             (b)  The obligor has not  made  timely  payments  in
16        that  the obligor has been at least 7 days late in paying
17        all or part of the order for support any of  the  last  6
18        consecutive  dates payments were due prior to the date of
19        the notice for immediate withholding.
20        The notice for immediate withholding shall clearly  state
21    that  a specially certified copy of the order for withholding
22    will be sent  to  the  payor,  unless  the  obligor  files  a
23    petition  contesting  immediate  withholding  within  20 days
24    after service of the notice; however,  the  grounds  for  the
25    petition shall be limited to a dispute concerning whether the
26    circumstances  stated  in  the  notice  have  occurred or the
27    identity of the obligor.  It shall not  be  grounds  for  the
28    petition  that  the  obligor has made all payments due by the
29    date of the petition.
30        If the obligor  files  a  petition  contesting  immediate
31    withholding  within  the  20-day  period  required under this
32    paragraph, the Clerk of the Circuit Court  shall  notify  the
33    obligor  and the obligee or public office, as appropriate, of
34    the time and place of the  hearing  on  the  petition.   Upon
                            -49-               LRB9005376SMmb
 1    hearing the petition, the court shall enter an order granting
 2    or  denying relief.  It shall not be grounds for granting the
 3    obligor's petition that he or she has made all  payments  due
 4    by  the  date  of hearing.  If the court denies the obligor's
 5    petition, it shall order immediate service of the  order  for
 6    withholding  and  direct  the  clerk  to  provide a specially
 7    certified copy of the order for withholding to the obligee or
 8    public office indicating that the requirements for  immediate
 9    withholding under this paragraph have been met.
10        If  the  obligor  does  not  file  a  petition contesting
11    immediate withholding within the 20-day period,  the  obligee
12    or  public  office  shall  file with the Clerk of the Circuit
13    Court an affidavit, with a copy of the notice  for  immediate
14    withholding  attached  thereto,  stating  that the notice was
15    duly served and the date on which service was  effected,  and
16    that   the  obligor  has  not  filed  a  petition  contesting
17    immediate withholding.  The clerk shall then provide  to  the
18    obligee  or  public  office a specially certified copy of the
19    order for withholding indicating that  the  requirements  for
20    immediate withholding under this paragraph have been met.
21        Upon  receipt  of a specially certified copy of the order
22    for withholding, the obligee or public office may  serve  the
23    order  on  the  payor,  its  superintendent, manager or other
24    agent, by certified mail or personal delivery.   A  proof  of
25    service shall be filed with the Clerk of the Circuit Court.
26    (C)  Notice of Delinquency.
27        (1)  Whenever an obligor becomes delinquent in payment of
28    an  amount  equal  to at least one month's support obligation
29    pursuant to the order for support or is at least 30 days late
30    in complying with all or  part  of  the  order  for  support,
31    whichever  occurs  first,  the  obligee  or public office may
32    prepare and serve a verified notice of delinquency,  together
33    with  a  form petition to stay service, pursuant to paragraph
34    (3) of this subsection.
                            -50-               LRB9005376SMmb
 1        (2)  The notice of delinquency shall recite the terms  of
 2    the order for support and contain a computation of the period
 3    and  total  amount  of the delinquency, as of the date of the
 4    notice.  The notice shall clearly state that it will be  sent
 5    to the payor, together with a specially certified copy of the
 6    order  for withholding, except as provided in subsection (F),
 7    unless the obligor  files  a  petition  to  stay  service  in
 8    accordance with paragraph (1) of subsection (D).
 9        (3)  The   notice  of  delinquency  shall  be  served  by
10    ordinary  mail addressed to the obligor at his  or  her  last
11    known address.
12        (4)  The  obligor  may  execute  a  written waiver of the
13    provisions of paragraphs (1) through (3) of  this  subsection
14    and request immediate service upon the payor.
15    (D)  Procedures to Avoid Income Withholding.
16        (1)  Except  as  provided  in subsection (F), the obligor
17    may prevent an order for withholding  from  being  served  by
18    filing  a  petition  to  stay  service  with the Clerk of the
19    Circuit Court, within 20 days after service of the notice  of
20    delinquency;  however,  the  grounds for the petition to stay
21    service shall be limited to:
22             (a)  A dispute  concerning  the  amount  of  current
23        support or the existence or amount of the delinquency;
24             (b)  The identity of the obligor.
25        The  Clerk  of the Circuit Court shall notify the obligor
26    and the obligee or public office, as appropriate, of the time
27    and place of the hearing on the petition to stay service. The
28    court shall hold such hearing pursuant to the  provisions  of
29    subsection (H).
30        (2)  Except  as  provided  in subsection (F), filing of a
31    petition to stay service, within the 20-day  period  required
32    under  this  subsection, shall prohibit the obligee or public
33    office from serving the order for withholding on any payor of
34    the obligor.
                            -51-               LRB9005376SMmb
 1    (E)  Initial Service of Order for Withholding.
 2        (1)  Except as provided in subsection (F),  in  order  to
 3    serve  an  order  for withholding upon a payor, an obligee or
 4    public office shall follow the procedures set forth  in  this
 5    subsection.  After 20 days following service of the notice of
 6    delinquency, the obligee or public office shall file with the
 7    Clerk of the Circuit Court an affidavit, with the copy of the
 8    notice of delinquency attached thereto, stating:
 9             (a)  that  the  notice  of delinquency has been duly
10        served and the date on which service was effected; and
11             (b)  that the obligor has not filed  a  petition  to
12        stay service, or in the alternative
13             (c)  that  the  obligor has waived the provisions of
14        subparagraphs (a)  and  (b)  of  this  paragraph  (1)  in
15        accordance with subsection (C)(4).
16        (2)  Upon  request  of  the obligee or public office, the
17    Clerk of the Circuit Court  shall:  (a)  make  available  any
18    record of payment; and (b) determine that the file contains a
19    copy  of the affidavit described in paragraph (1).  The Clerk
20    shall  then  provide  to  the  obligee  or  public  office  a
21    specially certified copy of the order for withholding and the
22    notice of delinquency indicating that the  preconditions  for
23    service have been met.
24        (3)  The  obligee  or  public  office  may then serve the
25    notice of delinquency and order for withholding on the payor,
26    its superintendent, manager or other agent, by certified mail
27    or personal delivery.  A proof of service shall be filed with
28    the Clerk of the Circuit Court.
29    (F)  Subsequent Service of Order for Withholding.
30        (1)  Notwithstanding the provisions of this  Section,  at
31    any  time after the court has ordered immediate service of an
32    order for withholding or after initial service  of  an  order
33    for  withholding  pursuant  to subsection (E), the obligee or
34    public office may serve the order for  withholding  upon  any
                            -52-               LRB9005376SMmb
 1    payor  of  the obligor without further notice to the obligor.
 2    The obligee or public office  shall  provide  notice  to  the
 3    payor,  pursuant  to  paragraph (6) of subsection (I), of any
 4    payments that have been made through previous withholding  or
 5    any other method.
 6        (2)  The  Clerk of the Circuit Court shall, upon request,
 7    provide the obligee or public office with specially certified
 8    copies  of  the  order  for  withholding  or  the  notice  of
 9    delinquency or both whenever the Court has ordered  immediate
10    service  of an order for withholding or an affidavit has been
11    placed in the court file indicating  that  the  preconditions
12    for service have been previously met or that the requirements
13    for immediate withholding under paragraph (8) of subsection B
14    have  been  previously met.  The obligee or public office may
15    then serve the  order  for  withholding  on  the  payor,  its
16    superintendent,  manager  or other agent by certified mail or
17    personal delivery.  A proof of service shall  be  filed  with
18    the Clerk of the Circuit Court.
19        (3)  If  a  delinquency  has  accrued for any reason, the
20    obligee or public office may serve a  notice  of  delinquency
21    upon the obligor pursuant to subsection (C).  The obligor may
22    prevent  the notice of delinquency from being served upon the
23    payor by utilizing the procedures  set  forth  in  subsection
24    (D). If no petition to stay service has been filed within the
25    required 20 day time period, the obligee or public office may
26    serve the notice of delinquency on the payor by utilizing the
27    procedures for service set forth in subsection (E).
28    (G)  Duties of Payor.
29        (1)  It  shall  be  the  duty  of  any payor who has been
30    served with a copy  of  the  specially  certified  order  for
31    withholding  and  any notice of delinquency to deduct and pay
32    over income as provided in this subsection.  The payor  shall
33    deduct the amount designated in the order for withholding, as
34    supplemented  by  the  notice  of  delinquency and any notice
                            -53-               LRB9005376SMmb
 1    provided  pursuant  to  paragraph  (6)  of  subsection   (I),
 2    beginning  no  later than the next payment of income which is
 3    payable to the obligor that occurs 14 days following the date
 4    the order and any notice were mailed  by  certified  mail  or
 5    placed  for  personal  delivery.   The  payor may combine all
 6    amounts withheld for the benefit  of  an  obligee  or  public
 7    office  into a single payment and transmit the payment with a
 8    listing of obligors from whom withholding has been  effected.
 9    The  payor  shall  pay  the amount withheld to the obligee or
10    public office within 10 calendar days of the date  income  is
11    paid  to  the  obligor  in  accordance  with  the  order  for
12    withholding and any subsequent notification received from the
13    public  office  redirecting  payments. If the payor knowingly
14    fails to pay any amount withheld to  the  obligee  or  public
15    office  within 10 calendar days of the date income is paid to
16    the obligor, the payor shall pay a penalty of $100  for  each
17    day  that  the  withheld amount is not paid to the obligee or
18    public office after  the  period  of  10  calendar  days  has
19    expired.   The failure of a payor, on more than one occasion,
20    to pay amounts withheld  to  the  obligee  or  public  office
21    within 10 calendar days of the date income is not paid to the
22    obligor creates a presumption that the payor knowingly failed
23    to pay the amounts.  This penalty may be collected in a civil
24    action which may be brought against the payor in favor of the
25    obligee.   For  purposes  of  this Section, a withheld amount
26    shall be considered paid by a payor on the date it is  mailed
27    by  the payor, or on the date an electronic funds transfer of
28    the amount has been initiated by the payor, or  on  the  date
29    delivery  of  the amount has been initiated by the payor. For
30    each deduction, the payor shall provide the obligee or public
31    office, at the time of transmittal, with the date income  was
32    paid from which support was withheld.
33        Upon  receipt of an order requiring that a minor child be
34    named as a beneficiary of a health insurance  plan  available
                            -54-               LRB9005376SMmb
 1    through  an  employer  or  labor  union  or  trade union, the
 2    employer or labor union  or  trade  union  shall  immediately
 3    enroll  the  minor  child  as  a  beneficiary  in  the health
 4    insurance plan designated by the court order.   The  employer
 5    shall withhold any required premiums and pay over any amounts
 6    so  withheld  and any additional amounts the employer pays to
 7    the insurance carrier in a timely manner.   The  employer  or
 8    labor  union or trade union shall mail to the obligee, within
 9    15 days of enrollment or upon request, notice of the date  of
10    coverage, information on the dependent coverage plan, and all
11    forms  necessary  to  obtain reimbursement for covered health
12    expenses, such as would be made available  to a new employee.
13    When an order for dependent coverage is  in  effect  and  the
14    insurance  coverage  is terminated or changed for any reason,
15    the employer or labor union or trade union shall  notify  the
16    obligee  within  10  days  of  the termination or change date
17    along with notice of conversion privileges.
18        For withholding of income, the payor shall be entitled to
19    receive a fee not to exceed $5 per month to be taken from the
20    income to be paid to the obligor.
21        (2)  Whenever the obligor is no longer  receiving  income
22    from  the  payor,  the payor shall return a copy of the order
23    for withholding to the obligee or  public  office  and  shall
24    provide   information  for  the  purpose  of  enforcing  this
25    Section.
26        (3)  Withholding of income under this  Section  shall  be
27    made  without regard to any prior or subsequent garnishments,
28    attachments,  wage  assignments,  or  any  other  claims   of
29    creditors.   Withholding  of  income under this Section shall
30    not be in excess of the maximum amounts permitted  under  the
31    federal Consumer Credit Protection Act. If the payor has been
32    served with more than one order for withholding pertaining to
33    the  same  obligor, the payor shall allocate income available
34    for  withholding  on  a  proportionate  share  basis,  giving
                            -55-               LRB9005376SMmb
 1    priority to current support payments.  If there is any income
 2    available for withholding after withholding for  all  current
 3    support  obligations,  the payor shall allocate the income to
 4    past due support payments ordered  in  non-AFDC  matters  and
 5    then  to  past  due support payments ordered in AFDC matters,
 6    both on a proportionate share basis. Payment as  required  by
 7    the  order for withholding shall be a complete defense by the
 8    payor against any claims of the obligor or his  creditors  as
 9    to the sum so paid.
10        (4)  No payor shall discharge, discipline, refuse to hire
11    or  otherwise  penalize  any  obligor  because of the duty to
12    withhold income.
13    (H)  Petitions to Stay  Service  or  to  Modify,  Suspend  or
14    Terminate Orders for Withholding.
15        (1)  When  an  obligor  files a petition to stay service,
16    the court, after due notice to all parties,  shall  hear  the
17    matter  as  soon  as  practicable  and  shall  enter an order
18    granting  or  denying  relief,   amending   the   notice   of
19    delinquency,   amending  the  order  for  withholding,  where
20    applicable, or otherwise resolving the matter.  If the  court
21    finds   that   a  delinquency  existed  when  the  notice  of
22    delinquency was served upon the obligor, in an amount  of  at
23    least one month's support obligation, or that the obligor was
24    at  least 30 days late in paying all or part of the order for
25    support, the court shall order immediate service of the order
26    for withholding.  Where the court cannot promptly resolve any
27    dispute over the amount of the  delinquency,  the  court  may
28    order  immediate  service  of the order for withholding as to
29    any undisputed amounts specified  in  an  amended  notice  of
30    delinquency,  and  may  continue  the hearing on the disputed
31    amounts.
32        (2)  At any time, an obligor, obligee, public  office  or
33    Clerk of the Circuit Court may petition the court to:
34             (a)  Modify,  suspend  or  terminate  the  order for
                            -56-               LRB9005376SMmb
 1        withholding because  of  a  modification,  suspension  or
 2        termination of the underlying order for support; or
 3             (b)  Modify  the  amount of income to be withheld to
 4        reflect payment in full or in part of the delinquency  or
 5        arrearage by income withholding or otherwise; or
 6             (c)  Suspend  the  order  for withholding because of
 7        inability to deliver income withheld to the  obligee  due
 8        to  the obligee's failure to provide a mailing address or
 9        other means of delivery.
10        (3)  The obligor, obligee or public office shall serve on
11    the payor, by certified mail or personal delivery, a copy  of
12    any  order  entered  pursuant to this subsection that affects
13    the duties of the payor.
14        (4)  At any time, a public office or Clerk of the Circuit
15    Court may serve a notice on the payor to:
16             (a)  cease withholding  of  income  for  payment  of
17        current  support  for a child when the support obligation
18        for that child has automatically ceased under  the  order
19        for support through emancipation or otherwise; or
20             (b)  cease  withholding  of  income  for  payment of
21        delinquency  or  arrearage  when   the   delinquency   or
22        arrearage has been paid in full.
23        (5)  The  notice provided for under paragraph (4) of this
24    subsection shall be served on the payor by ordinary mail, and
25    a copy shall be provided to the obligor and the  obligee.   A
26    copy  of  the  notice  shall  be  filed with the Clerk of the
27    Circuit Court.
28        (6)  The order  for  withholding  shall  continue  to  be
29    binding  upon  the  payor  until  service of any order of the
30    court  or  notice  entered  or  provided   for   under   this
31    subsection.
32    (I)  Additional Duties.
33        (1)  An  obligee  who  is  receiving  income  withholding
34    payments  under  this  Section shall notify the payor, if the
                            -57-               LRB9005376SMmb
 1    obligee receives the payments directly from the payor, or the
 2    public  office  or  the  Clerk  of  the  Circuit  Court,   as
 3    appropriate,  of  any change of address within 7 days of such
 4    change.
 5        (2)  An obligee who is a recipient of  public  aid  shall
 6    send  a  copy  of any notice of delinquency filed pursuant to
 7    subsection (C) to the Bureau of Child Support of the Illinois
 8    Department of Revenue Public Aid.
 9        (3)  Each obligor shall notify the obligee and the  Clerk
10    of the Circuit Court of any change of address within 7 days.
11        (4)  An obligor whose income is being withheld or who has
12    been  served  with  a  notice of delinquency pursuant to this
13    Section shall notify the obligee and the Clerk of the Circuit
14    Court of any new payor, within 7 days.
15        (5)  When the Illinois Department of Revenue  Public  Aid
16    is  no longer authorized to receive payments for the obligee,
17    it  shall,  within  7  days,  notify  the  payor  or,   where
18    appropriate,  the  Clerk  of  the  Circuit Court, to redirect
19    income withholding payments to the obligee.
20        (6)  The obligee or public office shall provide notice to
21    the payor and Clerk of the Circuit Court of any other support
22    payment made, including but not limited to, a  set-off  under
23    federal  and  State law or partial payment of the delinquency
24    or arrearage, or both.
25        (7)  Any public office and Clerk  of  the  Circuit  Court
26    which  collects,  disburses  or receives payments pursuant to
27    orders for withholding shall maintain complete, accurate, and
28    clear  records  of  all  payments  and  their  disbursements.
29    Certified copies of payment records maintained  by  a  public
30    office  or  Clerk of the Circuit Court shall, without further
31    proof, be admitted into evidence  in  any  legal  proceedings
32    under this Section.
33        (8)  The  Illinois Department of Revenue Public Aid shall
34    design  suggested  legal  forms  for  proceeding  under  this
                            -58-               LRB9005376SMmb
 1    Section and shall make available to the courts such forms and
 2    informational materials which  describe  the  procedures  and
 3    remedies  set forth herein for distribution to all parties in
 4    support actions.
 5        (9)  At the time of transmitting  each  support  payment,
 6    the  clerk  of the circuit court shall provide the obligee or
 7    public office, as appropriate, with any information furnished
 8    by the payor as to the date income was paid from  which  such
 9    support was withheld.
10    (J)  Penalties.
11        (1)  Where a payor wilfully fails to withhold or pay over
12    income  pursuant  to  a  properly served, specially certified
13    order for withholding  and  any  notice  of  delinquency,  or
14    wilfully   discharges,   disciplines,   refuses  to  hire  or
15    otherwise penalizes an obligor as  prohibited  by  subsection
16    (G),  or otherwise fails to comply with any duties imposed by
17    this Section, the  obligee,  public  office  or  obligor,  as
18    appropriate,  may file a complaint with the court against the
19    payor.  The clerk of  the  circuit  court  shall  notify  the
20    obligee or public office, as appropriate, and the obligor and
21    payor  of the time and place of the hearing on the complaint.
22    The court shall resolve any factual  dispute  including,  but
23    not limited to, a denial that the payor is paying or has paid
24    income  to  the  obligor.   Upon  a  finding  in favor of the
25    complaining party, the court:
26             (a)  Shall enter judgment and direct the enforcement
27        thereof for the total  amount  that  the  payor  wilfully
28        failed to withhold or pay over; and
29             (b)  May  order  employment  or  reinstatement of or
30        restitution to the obligor, or both,  where  the  obligor
31        has  been  discharged,  disciplined, denied employment or
32        otherwise penalized by the payor and may  impose  a  fine
33        upon the payor not to exceed $200.
34        (2)  Any  obligee,  public office or obligor who wilfully
                            -59-               LRB9005376SMmb
 1    initiates a  false  proceeding  under  this  Section  or  who
 2    wilfully  fails  to  comply  with  the  requirements  of this
 3    Section shall be punished as in cases of contempt of court.
 4    (K)  Alternative Procedures for Entry and Service of an Order
 5    for Withholding.
 6        (1)  Effective January 1, 1987, in any matter in which an
 7    order for withholding has not been entered  for  any  reason,
 8    based  upon the last order for support that has been entered,
 9    and in which the obligor has become delinquent in payment  of
10    an  amount  equal  to at least one month's support obligation
11    pursuant to the last order for support or is at least 30 days
12    late in  complying with all or part of the order for support,
13    the obligee or public office may prepare and serve  an  order
14    for  withholding pursuant to the procedures set forth in this
15    subsection.
16        (2)  The obligee or public office shall:
17             (a)  Prepare a proposed order  for  withholding  for
18        immediate  service  as provided by paragraphs (1) and (3)
19        of  subsection  (B),  except   that   the   minimum   20%
20        delinquency payment shall be used;
21             (b)  Prepare  a notice of delinquency as provided by
22        paragraphs (1) and (2)  of  subsection  (C),  except  the
23        notice shall state further that the order for withholding
24        has  not  been  entered  by  the court and the conditions
25        under which the order will be entered; and
26             (c)  Serve  the  notice  of  delinquency  and   form
27        petition  to stay service as provided by paragraph (3) of
28        subsection (C), together  with  the  proposed  order  for
29        withholding, which shall be marked "COPY ONLY".
30        (3)  After  20  days  following  service of the notice of
31    delinquency and proposed order for withholding,  in  lieu  of
32    the  provisions  of  subsection  (E),  the  obligee or public
33    office shall file with the Clerk  of  the  Circuit  Court  an
34    affidavit,  with  a  copy  of  the  notice of delinquency and
                            -60-               LRB9005376SMmb
 1    proposed order  for  withholding  attached  thereto,  stating
 2    that:
 3             (a)  The  notice  of  delinquency and proposed order
 4        for withholding have been served upon the obligor and the
 5        date on which service was effected;
 6             (b)  The obligor has not filed a  petition  to  stay
 7        service  within  20  days  of  service of such notice and
 8        order; and
 9             (c)  The proposed order for  withholding  accurately
10        states  the terms and amounts contained in the last order
11        for support.
12        (4)  Upon the court's satisfaction  that  the  procedures
13    set  forth  in  this subsection have been met, it shall enter
14    the order for withholding.
15        (5)  The Clerk shall  then  provide  to  the  obligee  or
16    public  office  a  specially  certified copy of the order for
17    withholding and the notice of delinquency indicating that the
18    preconditions for service have been met.
19        (6)  The  obligee  or  public  office  shall  serve   the
20    specially  certified  copies of the order for withholding and
21    the notice of delinquency on the payor,  its  superintendent,
22    manager   or  other  agent  by  certified  mail  or  personal
23    delivery.  A proof of service shall be filed with  the  Clerk
24    of the Circuit Court.
25        (7)  If  the  obligor  requests  in  writing  that income
26    withholding become effective prior to becoming delinquent  in
27    payment  of an amount equal to one month's support obligation
28    pursuant to the last order for support, or prior to  becoming
29    30  days late in paying all or part of the order for support,
30    the obligee or public office shall file an affidavit with the
31    Clerk of  the  circuit  Court,  with  a  proposed  order  for
32    withholding   attached,   stating  that  the  proposed  order
33    accurately states the terms and amounts contained in the last
34    order for support and the  obligor's  request  for  immediate
                            -61-               LRB9005376SMmb
 1    service.    The  provisions  of paragraphs (4) through (6) of
 2    this  subsection  shall  apply,  except  that  a  notice   of
 3    delinquency shall not be required.
 4        (8)  All  other  provisions  of  this  Section  shall  be
 5    applicable  with respect to the provisions of this subsection
 6    (K), except that under paragraph (1) of subsection  (H),  the
 7    court  may  also  amend the proposed order for withholding to
 8    conform to the last order for support.
 9        (9)  Nothing in this subsection  shall  be  construed  as
10    limiting  the requirements of paragraph (1) of subsection (B)
11    with respect to the entry of a separate order for withholding
12    upon entry of any order for support.
13    (L)  Remedies in Addition to Other Laws.
14        (1)  The rights, remedies, duties and  penalties  created
15    by  this  Section  are in addition to and not in substitution
16    for any other rights, remedies, duties and penalties  created
17    by any other law.
18        (2)  Nothing  in  this  Section  shall  be  construed  as
19    invalidating  any  assignment  of  wages or benefits executed
20    prior to January 1, 1984.
21    (Source: P.A. 88-26; 88-45; 88-94;  88-131;  88-307;  88-670,
22    eff. 12-2-94; 89-507, eff. 7-1-97.)
23        (305 ILCS 5/10-17.9)
24        Sec.  10-17.9.  Past  due  support  information  to State
25    Department of Revenue.
26        (a)  The Illinois Department  may  provide  by  rule  for
27    certification  to the Comptroller pursuant to Section 10-17.5
28    of this Article Illinois Department of Revenue  of  past  due
29    support  owed  by responsible relatives under a support order
30    entered by a court or administrative  body  of  this  or  any
31    other  State  on  behalf of resident or non-resident persons.
32    The rule shall provide for notice to and an opportunity to be
33    heard by  each  responsible  relative  affected.   Any  final
                            -62-               LRB9005376SMmb
 1    administrative  decision  rendered by the Department shall be
 2    reviewed only under and in accordance with the Administrative
 3    Review Law.  A responsible relative may  avoid  certification
 4    to   the   Comptroller  Illinois  Department  of  Revenue  by
 5    establishing a satisfactory repayment record as determined by
 6    the Illinois Department of Public Aid.
 7        (b)  A certified past due support amount shall be  final.
 8    The  certified  amount  shall  be  payable  to  the  Illinois
 9    Department  of  Revenue  upon  written  notification  of  the
10    certification  to  the  responsible  relative by the Illinois
11    Department of Revenue.
12        (c)  In  the  event  a  responsible   relative   overpays
13    pursuant  to collection under this Section and the applicable
14    Sections of the Illinois  Income  Tax  Act,  the  overpayment
15    shall be a credit against future support obligations.  If the
16    current  support  obligation  of the responsible relative has
17    terminated under  operation of law or court order, any moneys
18    overpaid but still in the possession of the Department  shall
19    be promptly returned to the responsible relative.
20        (d)  Except  as  otherwise  provided in this Article, any
21    child  support  delinquency  certified  to  the   Comptroller
22    Illinois  Department  of  Revenue shall be treated as a child
23    support  delinquency  for  all  other   purposes,   and   any
24    collection  action  by  the  State's Attorney or the Illinois
25    Department  of  Revenue  with  respect  to  any   delinquency
26    certified  under  this  Article  shall have the same priority
27    against   attachment,   execution,   assignment,   or   other
28    collection action as is provided by any  other  provision  of
29    State law.
30        (e)  Any  child  support  delinquency  collected  by  the
31    Illinois  Department of Revenue, including those amounts that
32    result in overpayment of a child support  delinquency,  shall
33    be  deposited  in,  or  transferred  to,  the  Child  Support
34    Enforcement Trust Fund.
                            -63-               LRB9005376SMmb
 1    (Source: P.A. 89-6, eff. 12-31-95.)
 2        (305 ILCS 5/10-19) (from Ch. 23, par. 10-19)
 3        Sec. 10-19.  (Support Payments Ordered Under Other Laws -
 4    Where   Deposited.)   The   Illinois   Department  and  local
 5    governmental  units  are  authorized  to   receive   payments
 6    directed  by  court  order  for the support of recipients, as
 7    provided in the following Acts:
 8        1.  "Non-Support of Spouse and  Children  Act",  approved
 9    June 24, 1915, as amended,
10        2.   "Illinois Marriage and Dissolution of Marriage Act",
11    as now or hereafter amended,
12        3.  The Illinois Parentage Act, as amended,
13        4.  "Revised Uniform Reciprocal  Enforcement  of  Support
14    Act", approved August 28, 1969, as amended,
15        5.  The  Juvenile  Court Act or the Juvenile Court Act of
16    1987, as amended,
17        6.  The "Unified Code of Corrections", approved July  26,
18    1972, as amended,
19        7.  Part 7 of Article XII of the Code of Civil Procedure,
20    as amended,
21        8.  Part 8 of Article XII of the Code of Civil Procedure,
22    as amended, and
23        9.  Other  laws  which  may provide by judicial order for
24    direct payment of support moneys.
25        Payments under this Section to  the  Illinois  Department
26    pursuant to the Child Support Enforcement Program established
27    by  Title  IV-D of the Social Security Act shall be paid into
28    the Child Support Enforcement Trust Fund. All other  payments
29    under  this  Section  to  the  Illinois  Department  shall be
30    deposited in the Child Support Public  Assistance  Recoveries
31    Trust  Fund.  Disbursements  from  these  funds  shall  be as
32    provided  in  Sections  39b58  and   39b59   of   the   Civil
33    Administrative  Code  of  Illinois  12-9  and 12-10.2 of this
                            -64-               LRB9005376SMmb
 1    Code. Payments received by a local governmental unit shall be
 2    deposited in that unit's General Assistance Fund.
 3    (Source: P.A. 86-1028.)
 4        (305 ILCS 5/12-4.31)
 5        Sec.  12-4.31.  Paternity  establishment  and   continued
 6    eligibility.
 7        (a)  In  this  Section,  "nonmarital child" means a child
 8    born to a woman who was not married to the child's father  at
 9    the time of the child's birth.
10        (b)  The  Illinois Department of Revenue is authorized to
11    conduct a paternity establishment and  continued  eligibility
12    program  as  a  demonstration  program  in certain geographic
13    areas  as  defined  by  rule.    Upon   completion   of   the
14    demonstration,  the Illinois Department of Revenue may expand
15    the program statewide. If the Illinois Department of Revenue,
16    as part of the demonstration program  or  statewide  program,
17    makes administrative determinations of paternity, it shall do
18    so according to rules adopted under Section 10-17.7.
19        Under   the   paternity   establishment   and   continued
20    eligibility  program,  the  custodial  parent of a nonmarital
21    child otherwise eligible for assistance under Article IV,  V,
22    or VI of this Code shall receive assistance for the custodial
23    parent  and  that  child  for  no  longer  than 6 full months
24    unless:
25             (1)  the  paternity  of  the  child  is  established
26        before the beginning of or within the 6-month period;
27             (2)  the parent has fully cooperated with efforts to
28        establish the child's paternity, but, through no fault of
29        the parent, paternity has not been established;
30             (3)  the parent begins to receive assistance while a
31        court  action  to  establish  the  child's  paternity  is
32        pending, and the parent continues to cooperate  with  the
33        Illinois  Department of Revenue's Department's efforts to
                            -65-               LRB9005376SMmb
 1        establish paternity;
 2             (4)  the parent attests under oath to fear of  abuse
 3        by   the  putative  father  of  the  child  and  provides
 4        documentation to substantiate that fear,  or  the  parent
 5        claims  good  cause  for  failing  to  cooperate  in  the
 6        establishment  of  paternity  due  to  rape by an unknown
 7        assailant, and the person is  found  to  be  exempt  from
 8        cooperating to establish paternity under rules adopted by
 9        the Illinois Department of Revenue;
10             (5)  the  parent  has  not  yet  given  birth to the
11        nonmarital child; or
12             (6)  the   putative   father   of   the   child   is
13        incarcerated  and  inaccessible  to   the   process   for
14        establishing the child's paternity.
15        (b)  The  6-month  period  referred  to in subsection (a)
16    shall begin on the date the first  full  monthly  payment  of
17    assistance  is  made, if the parent applied for assistance on
18    or after the effective date of this amendatory Act  of  1995.
19    That 6-month period shall begin on the effective date of this
20    amendatory Act of 1995 if the parent was receiving assistance
21    on  behalf  of  the nonmarital child on the effective date of
22    this amendatory Act of 1995.
23        (c)  The Illinois Department of Revenue shall  apply  for
24    all  waivers  of  federal  law  and  regulations necessary to
25    implement this Section.  Implementation of  this  Section  is
26    conditioned   upon   the  Illinois  Department  of  Revenue's
27    Department's receipt of those waivers.
28        (d)  The Illinois Department  of  Revenue  may  implement
29    this Section through the use of emergency rules in accordance
30    with  Section  5-45  of the Illinois Administrative Procedure
31    Act.  For purposes of the Illinois  Administrative  Procedure
32    Act, the adoption of rules to implement this Section shall be
33    considered   an   emergency  and  necessary  for  the  public
34    interest, safety, and welfare.
                            -66-               LRB9005376SMmb
 1    (Source: P.A. 89-6, eff. 3-6-95.)
 2        (305 ILCS 5/12-5) (from Ch. 23, par. 12-5)
 3        Sec. 12-5. Appropriations; uses; federal  grants;  report
 4    to  General  Assembly.   From  the  sums  appropriated by the
 5    General Assembly, the Illinois  Department  shall  order  for
 6    payment  by warrant from the State Treasury grants for public
 7    aid under Articles III, IV, V and VII, including  grants  for
 8    funeral  and burial expenses, and all costs of administration
 9    of  the  Illinois  Department  and  the  County   Departments
10    relating   thereto.   Moneys  appropriated  to  the  Illinois
11    Department for public aid under Article VI may be used,  with
12    the  consent  of  the  Governor,  to co-operate with federal,
13    State, and local agencies in the development of work projects
14    designed to provide suitable employment for persons receiving
15    public aid under Article VI. The  Illinois  Department,  with
16    the  consent  of  the Governor, may be the agent of the State
17    for  the  receipt  and  disbursement  of  federal  funds   or
18    commodities  for public aid purposes under Article VI and for
19    related purposes in which the co-operation  of  the  Illinois
20    Department  is  sought  by  the  federal  government, and, in
21    connection therewith, may make  necessary  expenditures  from
22    moneys  appropriated for public aid under any Article of this
23    Code and for administration.  The Illinois  Department,  with
24    the  consent  of  the Governor, may be the agent of the State
25    for the receipt and disbursement of federal funds pursuant to
26    the Immigration Reform and Control Act of 1986 and  may  make
27    necessary  expenditures  from  monies  appropriated to it for
28    operations, administration, and grants, including payment  to
29    the  Health  Insurance Reserve Fund for group insurance costs
30    at the rate certified by the Department of Central Management
31    Services.  All amounts received by  the  Illinois  Department
32    pursuant  to  the  Immigration Reform and Control Act of 1986
33    shall be deposited in  the  Immigration  Reform  and  Control
                            -67-               LRB9005376SMmb
 1    Fund.   All  amounts received into the Immigration Reform and
 2    Control Fund  as  reimbursement  for  expenditures  from  the
 3    General  Revenue  Fund  shall  be  transferred to the General
 4    Revenue Fund.
 5        All  grants  received  by  the  Illinois  Department  for
 6    programs funded by the Federal Social  Services  Block  Grant
 7    shall  be  deposited in the Social Services Block Grant Fund.
 8    All funds received into the Social Services Block Grant  Fund
 9    as  reimbursement  for  expenditures from the General Revenue
10    Fund shall be transferred to the General Revenue  Fund.   All
11    funds  received into the Social Services Block Grant fund for
12    reimbursement for expenditure out  of  the  Local  Initiative
13    Fund  shall  be  transferred  into the Local Initiative Fund.
14    Any other federal funds received  into  the  Social  Services
15    Block Grant Fund shall be transferred to the Special Purposes
16    Trust  Fund.   All  federal  funds  received  by the Illinois
17    Department  as  reimbursement  for  Employment  and  Training
18    Programs for expenditures made  by  the  Illinois  Department
19    from  grants,  gifts,  or  legacies  as  provided  in Section
20    12-4.18  or  made  by  an  entity  other  than  the  Illinois
21    Department  shall  be  deposited  into  the  Employment   and
22    Training   Fund,   except  that  federal  funds  received  as
23    reimbursement as a result of the appropriation made  for  the
24    costs  of  providing  adult  education  to  public assistance
25    recipients under  the  "Adult  Education,  Public  Assistance
26    Fund"  shall  be  deposited  into  the  General Revenue Fund;
27    provided, however, that all  funds,  except  those  that  are
28    specified  in  an  interagency agreement between the Illinois
29    Community College Board and the Illinois Department, that are
30    received by the Illinois Department  as  reimbursement  under
31    the  JOBS  program  for  expenditures  that  are  made by the
32    Illinois Community College  Board  or  any  public  community
33    college  of this State shall be credited to a special account
34    that the State Treasurer shall establish and maintain  within
                            -68-               LRB9005376SMmb
 1    the   Employment   and  Training  Fund  for  the  purpose  of
 2    segregating the reimbursements received for expenditures made
 3    by those entities.  As reimbursements are deposited into  the
 4    Employment  and  Training Fund, the Illinois Department shall
 5    certify to the State  Comptroller  and  State  Treasurer  the
 6    amount  that  is  to  be  credited  to  the  special  account
 7    established   within   that   Fund  as  a  reimbursement  for
 8    expenditures under the JOBS  program  made  by  the  Illinois
 9    Community  College  Board  or  any  of  the  public community
10    colleges.   All  amounts  credited  to  the  special  account
11    established and maintained within the Employment and Training
12    Fund as provided in this Section shall be held  for  transfer
13    to  the AFDC Opportunities Fund as provided in subsection (d)
14    of Section 12-10.3, and shall not be transferred to any other
15    fund or used for any other purpose.
16        Any or all federal funds received  as  reimbursement  for
17    food  and  shelter  assistance  under  the Emergency Food and
18    Shelter  Program  authorized  by  Section   12-4.5   may   be
19    deposited,  with  the  consent  of  the  Governor,  into  the
20    Homelessness Prevention Fund.
21        Eighty  percent  of  the  federal financial participation
22    funds received by the Illinois  Department  under  the  Title
23    IV-A   Emergency  Assistance  program  as  reimbursement  for
24    expenditures made from the Illinois  Department  of  Children
25    and Family Services appropriations for the costs of providing
26    services  in  behalf  of  Department  of  Children and Family
27    Services clients shall be deposited into the DCFS  Children's
28    Services Fund.
29        All  federal funds, except those covered by the foregoing
30    3 paragraphs, received as reimbursement for expenditures from
31    the General Revenue Fund shall be deposited  in  the  General
32    Revenue Fund for administrative and distributive expenditures
33    properly  chargeable  by  federal  law  or  regulation to aid
34    programs established  under  Articles  III  through  XII  and
                            -69-               LRB9005376SMmb
 1    Titles  IV,  XVI,  XIX  and XX of the Federal Social Security
 2    Act.  Any  other  federal  funds  received  by  the  Illinois
 3    Department  under  Sections  12-4.6, 12-4.18 and 12-4.19 that
 4    are required by Section 12-10 of this Code to  be  paid  into
 5    the  Special  Purposes Trust Fund shall be deposited into the
 6    Special  Purposes  Trust  Fund.   Any  other  federal   funds
 7    received  by  the  Illinois  Department pursuant to the Child
 8    Support Enforcement Program established by Title IV-D of  the
 9    Social  Security  Act shall be deposited in the Child Support
10    Enforcement Trust Fund as required under Section  12-10.2  of
11    this  Code.  Any other federal funds received by the Illinois
12    Department for medical assistance program  expenditures  made
13    under  Title  XIX of the Social Security Act and Article V of
14    this Code that are required by Section 5-4.21 of this Code to
15    be paid into the Medicaid Developmentally  Disabled  Provider
16    Participation  Fee  Trust  Fund  shall  be deposited into the
17    Medicaid Developmentally Disabled Provider Participation  Fee
18    Trust Fund.  Any other federal funds received by the Illinois
19    Department  for  medical assistance program expenditures made
20    under Title XIX of the Social Security Act and Article  V  of
21    this Code that are required by Section 5-4.31 of this Code to
22    be   paid   into   the   Medicaid  Long  Term  Care  Provider
23    Participation Fee Trust Fund  shall  be  deposited  into  the
24    Medicaid  Long  Term  Care  Provider  Participation Fee Trust
25    Fund.  Any other  federal  funds  received  by  the  Illinois
26    Department  for hospital inpatient, hospital ambulatory care,
27    and disproportionate share hospital expenditures  made  under
28    Title  XIX  of  the Social Security Act and Article V of this
29    Code that are required by Section 14-2 of  this  Code  to  be
30    paid into the Hospital Services Trust Fund shall be deposited
31    into  the  Hospital  Services  Trust Fund.  Any other federal
32    funds received by the Illinois  Department  for  expenditures
33    made  under Title XIX of the Social Security Act and Articles
34    V and VI of this Code that are required by  Section  15-2  of
                            -70-               LRB9005376SMmb
 1    this  Code  to  be  paid  into the County Provider Trust Fund
 2    shall be deposited into the County Provider Trust Fund.   Any
 3    other  federal  funds received by the Illinois Department for
 4    hospital   inpatient,   hospital   ambulatory    care,    and
 5    disproportionate share hospital expenditures made under Title
 6    XIX  of  the  Social  Security Act and Article V of this Code
 7    that are required by Section 5A-8 of this  Code  to  be  paid
 8    into  the  Hospital Provider Fund shall be deposited into the
 9    Hospital Provider Fund.  Any other federal funds received  by
10    the   Illinois  Department  for  medical  assistance  program
11    expenditures made under Title XIX of the Social Security  Act
12    and  Article V of this Code that are required by Section 5B-8
13    of this Code to be paid into the Long-Term Care Provider Fund
14    shall be deposited into the  Long-Term  Care  Provider  Fund.
15    Any  other  federal funds received by the Illinois Department
16    for medical assistance program expenditures made under  Title
17    XIX  of  the  Social  Security Act and Article V of this Code
18    that are required by Section 5C-7 of this  Code  to  be  paid
19    into the Developmentally Disabled Care Provider Fund shall be
20    deposited  into  the  Developmentally  Disabled Care Provider
21    Fund.  Any other  federal  funds  received  by  the  Illinois
22    Department  for  trauma  center  adjustment payments that are
23    required by Section 5-5.03 of this Code and made under  Title
24    XIX  of  the  Social  Security Act and Article V of this Code
25    shall be deposited into the Trauma Center  Fund.   Any  other
26    federal   funds   received  by  the  Illinois  Department  as
27    reimbursement for expenses for  early  intervention  services
28    paid  from  the  Early  Intervention  Services Revolving Fund
29    shall be deposited into that Fund.
30        The Illinois Department shall consult with  the  Citizens
31    Assembly/Council  on Public Aid in respect to the expenditure
32    of federal funds from the Special Purposes Trust  Fund  under
33    Section  12-10  and  the  Local Initiative Fund under Section
34    12-10.1.  It shall report to the General Assembly at the  end
                            -71-               LRB9005376SMmb
 1    of  each  fiscal quarter the amount of all funds received and
 2    paid into the Social Service Block Grant Fund and  the  Local
 3    Initiative  Fund  and  the expenditures and transfers of such
 4    funds for services, programs and other purposes authorized by
 5    law.  Such report shall be filed with the  Speaker,  Minority
 6    Leader  and  Clerk of the House, with the President, Minority
 7    Leader and Secretary of the Senate, with the Chairmen of  the
 8    House  and  Senate Appropriations Committees, the House Human
 9    Resources Committee and the Senate Public Health, Welfare and
10    Corrections Committee, or the successor  standing  Committees
11    of  each  as  provided  by the rules of the House and Senate,
12    respectively, with the Legislative Research Unit and with the
13    State Government Report Distribution Center for  the  General
14    Assembly  as  is required under paragraph (t) of Section 7 of
15    the  State  Library  Act  and  one  copy  with  the  Citizens
16    Assembly/Council on Public Aid  or  its  successor  shall  be
17    deemed sufficient to comply with this Section.
18    (Source: P.A.  88-45;  88-412;  88-429; 88-553, eff. 7-14-94;
19    88-554, eff. 7-26-94;  88-670,  eff.  12-2-94;  89-235,  eff.
20    8-4-95; 89-499, eff. 6-28-96.)
21        (305 ILCS 5/12-8) (from Ch. 23, par. 12-8)
22        Sec.  12-8.  Public Assistance Emergency Revolving Fund -
23    Uses.   The  Public  Assistance  Emergency  Revolving   Fund,
24    established by Act approved July 8, 1955 shall be held by the
25    Illinois  Department  and  shall  be  used  for the following
26    purposes:
27             1.  To provide immediate financial aid to applicants
28        in acute need who have been determined eligible  for  aid
29        under Articles III, IV, or V.
30             2.  To  provide  emergency  aid  to recipients under
31        said Articles who have failed  to  receive  their  grants
32        because  of  mail box or other thefts, or who are victims
33        of a burnout, eviction, or  other  circumstances  causing
                            -72-               LRB9005376SMmb
 1        privation,  in  which  cases  the  delays incident to the
 2        issuance  of  grants  from  appropriations  would   cause
 3        hardship and suffering.
 4             3.  To  provide  emergency  aid  for transportation,
 5        meals and lodging  to  applicants  who  are  referred  to
 6        cities   other   than  where  they  reside  for  physical
 7        examinations to establish blindness or disability, or  to
 8        determine  the  incapacity  of  the parent of a dependent
 9        child.
10             4.  To  provide  emergency  transportation   expense
11        allowances  to  recipients engaged in vocational training
12        and rehabilitation projects.
13             5.  To assist public  aid  applicants  in  obtaining
14        copies   of   birth   certificates,  death  certificates,
15        marriage licenses or other similar legal documents  which
16        may facilitate the verification of eligibility for public
17        aid under this Code.
18             6.  (Blank).   To   provide  immediate  payments  to
19        current or former  recipients  of  support  services,  or
20        refunds  to responsible relatives, for child support made
21        to the Illinois Department under Title IV-D of the Social
22        Security  Act  when  such  recipients  of   services   or
23        responsible relatives are legally entitled to all or part
24        of  such child support payments under applicable State or
25        federal law.
26             7.  To provide payments to individuals or  providers
27        of  transportation  to  and  from  medical  care  for the
28        benefit of recipients under Articles III, IV, V, VI,  and
29        VII.
30        Disbursements   from   the  Public  Assistance  Emergency
31    Revolving Fund shall be made by the Illinois Department.
32        Expenditures  from  the   Public   Assistance   Emergency
33    Revolving  Fund  shall  be  for  purposes  which are properly
34    chargeable to appropriations made to the Illinois Department,
                            -73-               LRB9005376SMmb
 1    or, in the case of payments  under  subparagraph  6,  to  the
 2    Child   Support   Enforcement  Trust  Fund,  except  that  no
 3    expenditure shall be made for  purposes  which  are  properly
 4    chargeable  to  appropriations  for  the  following  objects:
 5    personal   services;   extra  help;  state  contributions  to
 6    retirement system; state contributions  to  Social  Security;
 7    state contributions for employee group insurance; contractual
 8    services;    travel;    commodities;   printing;   equipment;
 9    electronic data  processing;  operation  of  auto  equipment;
10    telecommunications services; library books; and refunds.  The
11    Illinois  Department  shall  reimburse  the Public Assistance
12    Emergency Revolving Fund  by  warrants  drawn  by  the  State
13    Comptroller  on the appropriation or appropriations which are
14    so chargeable, or, in the case of payments under subparagraph
15    6, by warrants drawn on the Child Support  Enforcement  Trust
16    Fund, payable to the Revolving Fund.
17        The  Illinois  Department shall consult, in writing, with
18    the Citizens Assembly/Council on Public Aid with  respect  to
19    the  investment of funds from the Public Assistance Emergency
20    Revolving Fund outside the State Treasury in certificates  of
21    deposit or other interest-bearing accounts.
22        Any  moneys  in the Public Assistance Emergency Revolving
23    Fund collected pursuant to Article X on the effective date of
24    this amendatory Act of 1997 shall be transferred to the Child
25    Support Emergency Revolving Fund.
26    (Source: P.A. 86-651; 87-769.)
27        (305 ILCS 5/12-9) (from Ch. 23, par. 12-9)
28        Sec. 12-9.  Public Assistance  Recoveries  Trust  Fund  -
29    Uses. The Public Assistance Recoveries Trust Fund, to be held
30    by  the  State  Treasurer as ex-officio custodian outside the
31    State Treasury, shall consist  of  recoveries  authorized  by
32    this  Code  in  respect  to   applicants  or recipients under
33    Articles III, IV, V, VI and VII,  including  recoveries  from
                            -74-               LRB9005376SMmb
 1    the  estates of deceased recipients, and payments received by
 2    the Illinois Department under Sections 10-3.1,  10-8,  10-10,
 3    10-16,  and  10-19 except those pursuant to the Child Support
 4    Enforcement Program established by Title IV-D of  the  Social
 5    Security  Act  and required to be paid into the Child Support
 6    Enforcement Trust Fund under Section 12-10.2  of  this  Code,
 7    that are required by such Sections to be paid into the Public
 8    Assistance Recoveries Trust Fund.
 9        Disbursements  from  this  fund shall be only (1) for the
10    reimbursement of claims  collected by the Illinois Department
11    through error or mistake,  (2)  for  payment  to  persons  or
12    agencies designated as payees or co-payees on any instrument,
13    whether   or   not  negotiable,  delivered  to  the  Illinois
14    Department as a recovery under this Section, such payment  to
15    be in proportion to the respective interests of the payees in
16    the amount so collected, (3) for payments  to non-recipients,
17    or  to  former recipients of financial aid of the collections
18    which are made in their behalf under Article X  except  those
19    pursuant to the Child Support Enforcement Program established
20    by  Title IV-D of the Social Security Act required to be paid
21    from the Child Support Enforcement Trust Fund  under  Section
22    12-10.2  of  this Code, (4) for payment to local governmental
23    units  of  support  payments  collected   by   the   Illinois
24    Department pursuant to an agreement under Section 10-3.1, (5)
25    for payment of administrative expenses incurred in performing
26    the  activities authorized by Article X except those pursuant
27    to the Child Support Enforcement Program established by Title
28    IV-D of the Social Security Act required to be paid from  the
29    Child Support Enforcement Trust Fund under Section 12-10.2 of
30    this  Code, (6) for payment of fees to persons or agencies in
31    the performance of activities pursuant to the  collection  of
32    monies  owed  the  State  except those monies pursuant to the
33    Child Support Enforcement Program established by  Title  IV-D
34    of the Social Security Act required to be paid from the Child
                            -75-               LRB9005376SMmb
 1    Support  Enforcement Trust Fund under Section 12-10.2 of this
 2    Code,  (4)  (7)  for  payments  of  any  amounts  which   are
 3    reimbursable  to the Federal government which are required to
 4    be paid by State warrant  by  either  the  State  or  Federal
 5    government,  and  (5)  (8)  for disbursements to attorneys or
 6    advocates for legal representation in an appeal of any  claim
 7    for  federal  Supplemental Security Income benefits before an
 8    administrative law judge as provided for in Section  3-13  of
 9    this  Code. Disbursements from this fund shall be by warrants
10    drawn by the State Comptroller as receipt  of  vouchers  duly
11    executed and certified by the Illinois Department.
12        The  balance  in  this  fund  on  the  first  day of each
13    calendar quarter, after payment  therefrom  of   any  amounts
14    reimbursable  to the Federal Government, and minus the amount
15    reasonably anticipated to be needed to make the disbursements
16    during that quarter authorized  by  this  Section,  shall  be
17    certified  by  the  Director  of  the Illinois Department and
18    transferred by the State Comptroller to the  General  Revenue
19    Fund in the State Treasury within 30 days of the first day of
20    each calendar quarter.
21        Any moneys in the Public Assistance Recoveries Trust Fund
22    collected pursuant to Article X on the effective date of this
23    amendatory  Act  of  1997  shall  be transferred to the Child
24    Support Recoveries Trust Fund.
25    (Source: P.A. 84-1308.)
26        (305 ILCS 5/12-11) (from Ch. 23, par. 12-11)
27        Sec. 12-11.  Deposits by  State  Treasurer.)   The  State
28    Treasurer  shall deposit moneys received by him as ex-officio
29    custodian of the Public  Assistance  Recoveries  Trust  Fund,
30    Child Support Enforcement Trust Fund and the Special Purposes
31    Trust  Fund  in  banks or savings and loan associations which
32    have been approved by him as State Depositaries under "An Act
33    in relation to State Moneys",  approved  June  28,  1919,  as
                            -76-               LRB9005376SMmb
 1    amended, and with respect to such moneys shall be entitled to
 2    the  same  rights  and privileges as are provided by such Act
 3    with respect to moneys  in  the  treasury  of  the  State  of
 4    Illinois.
 5    (Source: P.A. 83-1126.)
 6        (305 ILCS 5/12-10.2 rep.)
 7        Section   20.  The Illinois Public Aid Code is amended by
 8    repealing Section 12-10.2.
 9        Section 25. The  Illinois  Marriage  and  Dissolution  of
10    Marriage Act is amended by changing Sections 705, 706.1, 709,
11    and 712 as follows:
12        (750 ILCS 5/705) (from Ch. 40, par. 705)
13        Sec.  705.   Support  payments;  receiving and disbursing
14    agents.
15        (1)  The provisions of this Section shall  apply,  except
16    as provided in Sections 709 through 712.
17        On and after the effective date of this amendatory Act of
18    1997,  any reference to the Illinois Department of Public Aid
19    in this Section shall be a reference  to  the  Department  of
20    Revenue and any reference to the Public Assistance Recoveries
21    Trust  Fund  shall  be  a  reference  to  the  Child  Support
22    Recoveries Trust Fund.
23        (2)  In  a  dissolution  of  marriage  action  filed in a
24    county of less than 3 million population in which an order or
25    judgment for child support is entered, and  in  supplementary
26    proceedings  in  any such county to enforce or vary the terms
27    of such order or  judgment  arising  out  of  an  action  for
28    dissolution  of  marriage  filed  in  such county, the court,
29    except as it otherwise orders, under subsection (4)  of  this
30    Section,  may  direct  that child support payments be made to
31    the clerk of the court.
                            -77-               LRB9005376SMmb
 1        (3)  In a dissolution of marriage  action  filed  in  any
 2    county  of  3 million or more population in which an order or
 3    judgment for child support is entered, and  in  supplementary
 4    proceedings  in  any such county to enforce or vary the terms
 5    of such order or  judgment  arising  out  of  an  action  for
 6    dissolution  of  marriage  filed  in  such county, the court,
 7    except as it otherwise orders under subsection  (4)  of  this
 8    Section,  may  direct  that  child  support  payments be made
 9    either to the clerk of the court  or  to  the  Court  Service
10    Division  of  the County Department of Public Aid.  After the
11    effective date of this Act, the court, except as it otherwise
12    orders under subsection (4) of this Section, may direct  that
13    child  support  payments  be  made either to the clerk of the
14    court or to the Illinois Department of Public Aid.
15        (4)  In a dissolution of marriage action or supplementary
16    proceedings involving maintenance or child support  payments,
17    or  both,  to  persons  who  are  recipients of aid under the
18    Illinois Public Aid Code, the court shall  direct  that  such
19    payments be made to (a) the Illinois Department of Public Aid
20    if the persons are recipients under Articles III, IV, or V of
21    the  Code, or (b) the local governmental unit responsible for
22    their support if they are recipients under Articles VI or VII
23    of the Code. In accordance with federal law and  regulations,
24    the Illinois Department of Public Aid may continue to collect
25    current  maintenance  payments  or child support payments, or
26    both, after those persons cease to receive public  assistance
27    and  until  termination  of  services  under Article X of the
28    Illinois Public Aid Code.  The Illinois Department of  Public
29    Aid shall pay the net amount collected to those persons after
30    deducting  any costs incurred in making the collection or any
31    collection fee from the amount of  any  recovery  made.   The
32    order  shall  permit the Illinois Department of Public Aid or
33    the local governmental unit, as the case may  be,  to  direct
34    that  payments  be  made  directly  to the former spouse, the
                            -78-               LRB9005376SMmb
 1    children, or both, or to  some  person  or  agency  in  their
 2    behalf,  upon  removal  of the former spouse or children from
 3    the public aid rolls or upon termination  of  services  under
 4    Article  X  of  the  Illinois  Public Aid Code; and upon such
 5    direction, the  Illinois  Department  or  local  governmental
 6    unit,  as the case requires, shall give notice of such action
 7    to the court in writing or by electronic transmission.
 8        (5)  All clerks  of  the  court  and  the  Court  Service
 9    Division  of a County Department of Public Aid and, after the
10    effective date of this Act, all clerks of the court  and  the
11    Illinois  Department  of  Public Aid, receiving child support
12    payments under subsections (2) and (3) of this Section  shall
13    disburse  the  payments  to  the  person  or persons entitled
14    thereto under the terms of the order or judgment.  They shall
15    establish and maintain current records of all moneys received
16    and disbursed and of defaults and delinquencies  in  required
17    payments.  The  court, by order or rule, shall make provision
18    for the carrying out of these duties.
19        Upon   notification   in   writing   or   by   electronic
20    transmission from the Illinois Department of  Public  Aid  to
21    the clerk of the court that a person who is receiving support
22    payments  under  this Section is receiving services under the
23    Child Support Enforcement Program established by  Title  IV-D
24    of the Social Security Act, any support payments subsequently
25    received  by  the  clerk of the court shall be transmitted in
26    accordance with the instructions of the  Illinois  Department
27    of  Public Aid until the Department gives notice to the clerk
28    of the court to cease the transmittal.  After  providing  the
29    notification  authorized  under  this paragraph, the Illinois
30    Department of Public Aid shall be  entitled  as  a  party  to
31    notice  of any further proceedings in the case.  The clerk of
32    the court shall file a copy of  the  Illinois  Department  of
33    Public  Aid's notification in the court file.  The failure of
34    the clerk to file a copy of the  notification  in  the  court
                            -79-               LRB9005376SMmb
 1    file  shall  not,  however, affect the Illinois Department of
 2    Public Aid's right to receive notice of further proceedings.
 3        Payments under this Section to the Illinois Department of
 4    Public Aid pursuant to the Child Support Enforcement  Program
 5    established by Title IV-D of the Social Security Act shall be
 6    paid into the Child Support Enforcement Trust Fund. All other
 7    payments  under  this  Section  to the Illinois Department of
 8    Public Aid  shall  be  deposited  in  the  Public  Assistance
 9    Recoveries  Trust  Fund. Disbursements from these funds shall
10    be as provided in the  Illinois  Public  Aid  Code.  Payments
11    received  by  a local governmental unit shall be deposited in
12    that unit's General  Assistance  Fund.  Any  order  of  court
13    directing payment of child support to a clerk of court or the
14    Court  Service Division of a County Department of Public Aid,
15    which order has been entered on or after August 14, 1961, and
16    prior to the effective date of this Act, may  be  amended  by
17    the  court  in  line  with  this  Act;  and  orders involving
18    payments of maintenance or child  support  to  recipients  of
19    public  aid  may in like manner be amended to conform to this
20    Act.
21        (6)  No filing fee or  costs  will  be  required  in  any
22    action  brought  at the request of the Illinois Department of
23    Public Aid in any proceeding under this  Act.   However,  any
24    such  fees  or costs may be assessed by the court against the
25    respondent  in  the  court's  order   of   support   or   any
26    modification thereof in a proceeding under this Act.
27        (7)  For those cases in which child support is payable to
28    the  clerk  of  the  circuit  court  for  transmittal  to the
29    Illinois Department of Public Aid by order of court  or  upon
30    notification  by  the  Illinois Department of Public Aid, the
31    clerk shall transmit all such payments, within 4 working days
32    of receipt, to insure that funds are available for  immediate
33    distribution  by  the  Department  to  the  person  or entity
34    entitled thereto in accordance with standards  of  the  Child
                            -80-               LRB9005376SMmb
 1    Support  Enforcement  Program established under Title IV-D of
 2    the  Social  Security  Act.   The  clerk  shall  notify   the
 3    Department  of  the date of receipt and amount thereof at the
 4    time of transmittal.  Where the clerk  has  entered  into  an
 5    agreement  of  cooperation  with the Department to record the
 6    terms of child support orders and  payments  made  thereunder
 7    directly  into  the  Department's  automated  data processing
 8    system, the clerk shall account for, transmit  and  otherwise
 9    distribute  child  support  payments  in accordance with such
10    agreement in lieu of the requirements contained herein.
11        In any action filed in a  county  with  a  population  of
12    1,000,000  or  less,  the  court  shall  assess  against  the
13    respondent  in  any order of maintenance or child support any
14    sum up to $36 annually authorized by ordinance of the  county
15    board  to be collected by the clerk of the court as costs for
16    administering the collection and disbursement of  maintenance
17    and child support payments.  Such sum shall be in addition to
18    and  separate  from amounts ordered to be paid as maintenance
19    or child support.
20    (Source: P.A. 88-687, eff. 1-24-95.)
21        (750 ILCS 5/706.1) (from Ch. 40, par. 706.1)
22        (Text of Section before amendment by P.A. 89-507)
23        Sec. 706.1.  Withholding of Income to Secure  Payment  of
24    Support.
25    (A)  Definitions.
26        (1)  "Order  for  support"  means  any order of the court
27    which provides for periodic payment of funds for the  support
28    of  a  child or maintenance of a spouse, whether temporary or
29    final, and includes any such order which provides for:
30             (a)  Modification or resumption of,  or  payment  of
31        arrearage accrued under, a previously existing order;
32             (b)  Reimbursement of support; or
33             (c)  Enrollment  in  a health insurance plan that is
                            -81-               LRB9005376SMmb
 1        available to the obligor through  an  employer  or  labor
 2        union or trade union.
 3        (2)  "Arrearage" means the total amount of unpaid support
 4    obligations.
 5        (3)  "Delinquency"  means  any payment under an order for
 6    support which becomes due and remains unpaid after  an  order
 7    for withholding has been entered under subsection (B) or, for
 8    purposes  of subsection (K), after the last order for support
 9    was entered for which no order for withholding was entered.
10        (4)  "Income" means any form of periodic  payment  to  an
11    individual,  regardless of source, including, but not limited
12    to: wages, salary, commission, compensation as an independent
13    contractor, workers' compensation,  disability,  annuity  and
14    retirement   benefits,   lottery   prize   awards,  insurance
15    proceeds, vacation pay, bonuses, profit-sharing payments  and
16    any  other  payments,  made  by  any  person, private entity,
17    federal or state government, any unit  of  local  government,
18    school district or any entity created by Public Act; however,
19    "income" excludes:
20             (a)  Any  amounts  required  by  law to be withheld,
21        other than creditor claims, including,  but  not  limited
22        to,  federal,  State and local taxes, Social Security and
23        other retirement and disability contributions;
24             (b)  Union dues;
25             (c)  Any amounts exempted by  the  federal  Consumer
26        Credit Protection Act;
27             (d)  Public assistance payments; and
28             (e)  Unemployment   insurance   benefits  except  as
29        provided by law.
30        Any other State or  local  laws  which  limit  or  exempt
31    income  or  the  amount  or  percentage of income that can be
32    withheld shall not apply.
33        (5)  "Obligor" means the individual who owes  a  duty  to
34    make payments under an order for support.
                            -82-               LRB9005376SMmb
 1        (6)  "Obligee"  means  the  individual  to whom a duty of
 2    support is owed or the individual's legal representative.
 3        (7)  "Payor" means any payor of income to an obligor.
 4        (8)  "Public office" means any elected  official  or  any
 5    State  or  local agency which is or may become responsible by
 6    law for enforcement of, or which is or may become  authorized
 7    to  enforce, an order for support, including, but not limited
 8    to: the Attorney General, the Illinois Department of  Revenue
 9    Public  Aid,  the  Illinois  Department  of Mental Health and
10    Developmental  Disabilities,  the  Illinois   Department   of
11    Children   and  Family  Services,  and  the  various  State's
12    Attorneys, Clerks of the Circuit  Court  and  supervisors  of
13    general assistance.
14        (9)  "Premium"  means  the  dollar  amount  for which the
15    obligor is liable to his employer or  labor  union  or  trade
16    union and which must be paid to enroll or maintain a child in
17    a  health  insurance  plan  that  is available to the obligor
18    through an employer or labor union or trade union.
19    (B)  Entry of an Order for Withholding.
20        (1)  Upon entry of any order  for  support  on  or  after
21    January  1,  1984, the court shall enter a separate order for
22    withholding which shall not take effect  unless  the  obligor
23    becomes  delinquent  in  paying  the order for support or the
24    obligor requests an earlier effective date; except  that  the
25    court  may  require  the order for withholding to take effect
26    immediately.
27        On or after January 1, 1989, the court shall require  the
28    order  for  withholding  to take effect immediately, unless a
29    written agreement is  reached  between  and  signed  by  both
30    parties  providing  for  an alternative arrangement, approved
31    and entered into the  record  by  the  court,  which  insures
32    payment  of support.  In that case, the court shall enter the
33    order for withholding which will not take effect  unless  the
34    obligor becomes delinquent in paying the order for support.
                            -83-               LRB9005376SMmb
 1        Upon  entry of any order of support on or after September
 2    11, 1989, if the obligor is not a United States citizen,  the
 3    obligor  shall  provide  to  the  court  the  obligor's alien
 4    registration number,  passport  number,  and  home  country's
 5    social security or national health number, if applicable; the
 6    court  shall  make  the information part of the record in the
 7    case.
 8        (2)  An order  for  withholding  shall  be  entered  upon
 9    petition  by  the obligee or public office where an order for
10    withholding has not been previously entered.
11        (3)  The order for withholding shall:
12             (a)  Direct any payor to withhold  a  dollar  amount
13        equal to the order for support; and
14             (b)  Direct  any  payor  to  withhold  an additional
15        dollar amount,  not  less  than  20%  of  the  order  for
16        support,  until payment in full of any delinquency stated
17        in the notice of delinquency provided for  in  subsection
18        (C) or (F) of this Section; and
19             (c)  Direct  any payor or labor union or trade union
20        to enroll a child as a beneficiary of a health  insurance
21        plan   and    withhold   or  cause  to  be  withheld,  if
22        applicable, any required premiums; and
23             (d)  State the rights, remedies and  duties  of  the
24        obligor under this Section; and
25             (e)  Include  the  obligor's Social Security Number,
26        which the obligor shall disclose to the court; and
27             (f)  Include the date that withholding  for  current
28        support   terminates,   which   shall   be  the  date  of
29        termination of the current support obligation  set  forth
30        in the order for support.
31        (4)  At  the  time  the order for withholding is entered,
32    the Clerk of the Circuit Court shall provide a  copy  of  the
33    order  for  withholding  and  the  order  for  support to the
34    obligor and shall make copies available to  the  obligee  and
                            -84-               LRB9005376SMmb
 1    public  office.   Any  copy  of  the  order  for  withholding
 2    furnished  to  the  parties  under  this  subsection shall be
 3    stamped "Not Valid".
 4        (5)  The order for withholding shall remain in effect for
 5    as long as the order for support upon which it is based.
 6        (6)  The failure of an order for withholding to state  an
 7    arrearage  is  not  conclusive  of  the  issue  of whether an
 8    arrearage is owing.
 9        (7)  Notwithstanding the provisions of  this  subsection,
10    if  the  court  finds  at  the  time  of  any hearing that an
11    arrearage has accrued in an amount  equal  to  at  least  one
12    month's  support  obligation  or  that the obligor is 30 days
13    late in paying all or part of  the  order  for  support,  the
14    court   shall  order  immediate  service  of  the  order  for
15    withholding upon the payor.
16        (8)  Where the court has not required that the order  for
17    withholding  take  effect  immediately, the obligee or public
18    office  may  prepare  and  serve  a  notice   for   immediate
19    withholding  upon  the  obligor by ordinary mail addressed to
20    the obligor at his or her last  known  address.   The  notice
21    shall state that the following circumstances have occurred:
22             (a)  The  parties'  written  agreement  providing an
23        alternative arrangement to  immediate  withholding  under
24        paragraph  (1)  of this subsection no longer provides for
25        timely payment of all support due; or
26             (b)  The obligor has not  made  timely  payments  in
27        that  the obligor has been at least 7 days late in paying
28        all or part of the order for support any of  the  last  6
29        consecutive  dates payments were due prior to the date of
30        the notice for immediate withholding.
31        The notice for immediate withholding shall clearly  state
32    that  a specially certified copy of the order for withholding
33    will be sent  to  the  payor,  unless  the  obligor  files  a
34    petition  contesting  immediate  withholding  within  20 days
                            -85-               LRB9005376SMmb
 1    after service of the notice; however,  the  grounds  for  the
 2    petition shall be limited to a dispute concerning whether the
 3    circumstances  stated  in  the  notice  have  occurred or the
 4    identity of the obligor.  It shall not  be  grounds  for  the
 5    petition  that  the  obligor has made all payments due by the
 6    date of the petition.
 7        If the obligor  files  a  petition  contesting  immediate
 8    withholding  within  the  20-day  period  required under this
 9    paragraph, the Clerk of the Circuit Court  shall  notify  the
10    obligor  and the obligee or public office, as appropriate, of
11    the time and place of the  hearing  on  the  petition.   Upon
12    hearing the petition, the court shall enter an order granting
13    or  denying relief.  It shall not be grounds for granting the
14    obligor's petition that he or she has made all  payments  due
15    by  the  date  of hearing.  If the court denies the obligor's
16    petition, it shall order immediate service of the  order  for
17    withholding  and  direct  the  clerk  to  provide a specially
18    certified copy of the order for withholding to the obligee or
19    public office indicating that the requirements for  immediate
20    withholding under this paragraph have been met.
21        If  the  obligor  does  not  file  a  petition contesting
22    immediate withholding within the 20-day period,  the  obligee
23    or  public  office  shall  file with the Clerk of the Circuit
24    Court an affidavit, with a copy of the notice  for  immediate
25    withholding  attached  thereto,  stating  that the notice was
26    duly served and the date on which service was  effected,  and
27    that   the  obligor  has  not  filed  a  petition  contesting
28    immediate withholding.  The clerk shall then provide  to  the
29    obligee  or  public  office a specially certified copy of the
30    order for withholding indicating that  the  requirements  for
31    immediate withholding under this paragraph have been met.
32        Upon  receipt  of a specially certified copy of the order
33    for withholding, the obligee or public office may  serve  the
34    order  on  the  payor,  its  superintendent, manager or other
                            -86-               LRB9005376SMmb
 1    agent, by certified mail or personal delivery.   A  proof  of
 2    service shall be filed with the Clerk of the Circuit Court.
 3    (C)  Notice of Delinquency.
 4        (1)  Whenever an obligor becomes delinquent in payment of
 5    an  amount  equal  to at least one month's support obligation
 6    pursuant to the order for support or is at least 30 days late
 7    in complying with all or  part  of  the  order  for  support,
 8    whichever  occurs  first,  the  obligee  or public office may
 9    prepare and serve a verified notice of delinquency,  together
10    with  a  form petition to stay service, pursuant to paragraph
11    (3) of this subsection.
12        (2)  The notice of delinquency shall recite the terms  of
13    the order for support and contain a computation of the period
14    and  total  amount  of the delinquency, as of the date of the
15    notice.  The notice shall clearly state that it will be  sent
16    to the payor, together with a specially certified copy of the
17    order  for withholding, except as provided in subsection (F),
18    unless the obligor  files  a  petition  to  stay  service  in
19    accordance with paragraph (1) of subsection (D).
20        (3)  The   notice  of  delinquency  shall  be  served  by
21    ordinary mail addressed to the obligor at  his  or  her  last
22    known address.
23        (4)  The  obligor  may  execute  a  written waiver of the
24    provisions of paragraphs (1) through (3) of  this  subsection
25    and request immediate service upon the payor.
26    (D)  Procedures to Avoid Income Withholding.
27        (1)  Except  as  provided  in subsection (F), the obligor
28    may prevent an order for withholding  from  being  served  by
29    filing  a  petition  to  stay  service  with the Clerk of the
30    Circuit Court, within 20 days after service of the notice  of
31    delinquency;  however,  the  grounds for the petition to stay
32    service shall be limited to:
33             (a)  A dispute  concerning  the  amount  of  current
                            -87-               LRB9005376SMmb
 1        support or the existence or amount of the delinquency;
 2             (b)  The identity of the obligor.
 3        The  Clerk  of the Circuit Court shall notify the obligor
 4    and the obligee or public office, as appropriate, of the time
 5    and place of the hearing on the petition to stay service. The
 6    court shall hold such hearing pursuant to the  provisions  of
 7    subsection (H).
 8        (2)  Except  as  provided  in subsection (F), filing of a
 9    petition to stay service, within the 20-day  period  required
10    under  this  subsection, shall prohibit the obligee or public
11    office from serving the order for withholding on any payor of
12    the obligor.
13    (E)  Initial Service of Order for Withholding.
14        (1)  Except as provided in subsection (F),  in  order  to
15    serve  an  order  for withholding upon a payor, an obligee or
16    public office shall follow the procedures set forth  in  this
17    subsection.  After 20 days following service of the notice of
18    delinquency, the obligee or public office shall file with the
19    Clerk of the Circuit Court an affidavit, with the copy of the
20    notice of delinquency attached thereto, stating:
21             (a)  that  the  notice  of delinquency has been duly
22        served and the date on which service was effected; and
23             (b)  that the obligor has not filed  a  petition  to
24        stay service, or in the alternative
25             (c)  that  the  obligor has waived the provisions of
26        subparagraphs (a)  and  (b)  of  this  paragraph  (1)  in
27        accordance with subsection (C)(4).
28        (2)  Upon  request  of  the obligee or public office, the
29    Clerk of the Circuit Court  shall:  (a)  make  available  any
30    record of payment; and (b) determine that the file contains a
31    copy  of the affidavit described in paragraph (1).  The Clerk
32    shall  then  provide  to  the  obligee  or  public  office  a
33    specially certified copy of the order for withholding and the
34    notice of delinquency indicating that the  preconditions  for
                            -88-               LRB9005376SMmb
 1    service have been met.
 2        (3)  The  obligee  or  public  office  may then serve the
 3    notice of delinquency and order for withholding on the payor,
 4    its superintendent, manager or other agent, by certified mail
 5    or personal delivery.  A proof of service shall be filed with
 6    the Clerk of the Circuit Court.
 7    (F)  Subsequent Service of Order for Withholding.
 8        (1)  Notwithstanding the provisions of this  Section,  at
 9    any  time after the court has ordered immediate service of an
10    order for withholding or after initial service  of  an  order
11    for  withholding  pursuant  to subsection (E), the obligee or
12    public office may serve the order for  withholding  upon  any
13    payor  of  the obligor without further notice to the obligor.
14    The obligee or public office  shall  provide  notice  to  the
15    payor,  pursuant  to  paragraph (6) of subsection (I), of any
16    payments that have been made through previous withholding  or
17    any other method.
18        (2)  The  Clerk of the Circuit Court shall, upon request,
19    provide the obligee or public office with specially certified
20    copies  of  the  order  for  withholding  or  the  notice  of
21    delinquency or both whenever the Court has ordered  immediate
22    service  of an order for withholding or an affidavit has been
23    placed in the court file indicating  that  the  preconditions
24    for  service have been previously met.  The obligee or public
25    office may then serve the order for withholding on the payor,
26    its superintendent, manager or other agent by certified  mail
27    or personal delivery.  A proof of service shall be filed with
28    the Clerk of the Circuit Court.
29        (3)  If  a  delinquency  has  accrued for any reason, the
30    obligee or public office may serve a  notice  of  delinquency
31    upon the obligor pursuant to subsection (C).  The obligor may
32    prevent  the notice of delinquency from being served upon the
33    payor by utilizing the procedures  set  forth  in  subsection
34    (D). If no petition to stay service has been filed within the
                            -89-               LRB9005376SMmb
 1    required 20 day time period, the obligee or public office may
 2    serve the notice of delinquency on the payor by utilizing the
 3    procedures for service set forth in subsection (E).
 4    (G)  Duties of Payor.
 5        (1)  It  shall  be  the  duty  of  any payor who has been
 6    served with a copy  of  the  specially  certified  order  for
 7    withholding  and  any notice of delinquency to deduct and pay
 8    over income as provided in this subsection.  The payor  shall
 9    deduct the amount designated in the order for withholding, as
10    supplemented  by  the  notice  of  delinquency and any notice
11    provided  pursuant  to  paragraph  (6)  of  subsection   (I),
12    beginning  no  later than the next payment of income which is
13    payable to the obligor that occurs 14 days following the date
14    the order and any notice were mailed  by  certified  mail  or
15    placed  for  personal  delivery.   The  payor may combine all
16    amounts withheld for the benefit  of  an  obligee  or  public
17    office  into a single payment and transmit the payment with a
18    listing of obligors from whom withholding has been  effected.
19    The  payor  shall  pay  the amount withheld to the obligee or
20    public office within 10 calendar days of the date  income  is
21    paid  to  the  obligor  in  accordance  with  the  order  for
22    withholding and any subsequent notification received from the
23    public  office  redirecting  payments. If the payor knowingly
24    fails to pay any amount withheld to  the  obligee  or  public
25    office  within 10 calendar days of the date income is paid to
26    the obligor, the payor shall pay a penalty of $100  for  each
27    day  that  the  withheld amount is not paid to the obligee or
28    public office after  the  period  of  10  calendar  days  has
29    expired.   The failure of a payor, on more than one occasion,
30    to pay amounts withheld  to  the  obligee  or  public  office
31    within 10 calendar days of the date income is not paid to the
32    obligor creates a presumption that the payor knowingly failed
33    to pay the amounts.  This penalty may be collected in a civil
34    action which may be brought against the payor in favor of the
                            -90-               LRB9005376SMmb
 1    obligee.   For  purposes  of  this Section, a withheld amount
 2    shall be considered paid by a payor on the date it is  mailed
 3    by  the payor, or on the date an electronic funds transfer of
 4    the amount has been initiated by the payor, or  on  the  date
 5    delivery  of  the amount has been initiated by the payor. For
 6    each deduction, the payor shall provide the obligee or public
 7    office, at the time of transmittal, with the date income  was
 8    paid from which support was withheld.
 9        Upon  receipt of an order requiring that a minor child be
10    named as a beneficiary of a health insurance  plan  available
11    through  an  employer  or  labor  union  or  trade union, the
12    employer or labor union  or  trade  union  shall  immediately
13    enroll  the  minor  child  as  a  beneficiary  in  the health
14    insurance plan designated by the court  order.  The  employer
15    shall withhold any required premiums and pay over any amounts
16    so  withheld  and any additional amounts the employer pays to
17    the insurance carrier in a timely manner.   The  employer  or
18    labor  union or trade union shall mail to the obligee, within
19    15 days of enrollment or upon request, notice of the date  of
20    coverage, information on the dependent coverage plan, and all
21    forms  necessary  to  obtain reimbursement for covered health
22    expenses, such as would be made available to a new  employee.
23    When  an  order  for  dependent coverage is in effect and the
24    insurance coverage is terminated or changed for  any  reason,
25    the  employer  or labor union or trade union shall notify the
26    obligee within 10 days of  the  termination  or  change  date
27    along with notice of conversion privileges.
28        For withholding of income, the payor shall be entitled to
29    receive a fee not to exceed $5 per month to be taken from the
30    income to be paid to the obligor.
31        (2)  Whenever  the  obligor is no longer receiving income
32    from the payor, the payor shall return a copy  of  the  order
33    for  withholding  to  the  obligee or public office and shall
34    provide  information  for  the  purpose  of  enforcing   this
                            -91-               LRB9005376SMmb
 1    Section.
 2        (3)  Withholding  of  income  under this Section shall be
 3    made without regard to any prior or subsequent  garnishments,
 4    attachments,   wage  assignments,  or  any  other  claims  of
 5    creditors.  Withholding of income under  this  Section  shall
 6    not  be  in excess of the maximum amounts permitted under the
 7    federal Consumer Credit Protection Act. If the payor has been
 8    served with more than one order for withholding pertaining to
 9    the same obligor, the payor shall allocate  income  available
10    for  withholding  on  a  proportionate  share  basis,  giving
11    priority to current support payments.  If there is any income
12    available  for  withholding after withholding for all current
13    support obligations, the payor shall allocate the  income  to
14    past  due  support  payments  ordered in non-AFDC matters and
15    then to past due support payments ordered  in  AFDC  matters,
16    both  on  a proportionate share basis. Payment as required by
17    the order for withholding shall be a complete defense by  the
18    payor  against  any claims of the obligor or his creditors as
19    to the sum so paid.
20        (4)  No payor shall discharge, discipline, refuse to hire
21    or otherwise penalize any obligor  because  of  the  duty  to
22    withhold income.
23    (H)  Petitions  to  Stay  Service  or  to  Modify, Suspend or
24    Terminate Orders for Withholding.
25        (1)  When an obligor files a petition  to  stay  service,
26    the  court,  after  due notice to all parties, shall hear the
27    matter as soon  as  practicable  and  shall  enter  an  order
28    granting   or   denying   relief,   amending  the  notice  of
29    delinquency,  amending  the  order  for  withholding,   where
30    applicable,  or otherwise resolving the matter.  If the court
31    finds  that  a  delinquency  existed  when  the   notice   of
32    delinquency  was  served upon the obligor, in an amount of at
33    least one month's support obligation, or that the obligor was
34    at least 30 days late in paying all or part of the order  for
                            -92-               LRB9005376SMmb
 1    support, the court shall order immediate service of the order
 2    for withholding.  Where the court cannot promptly resolve any
 3    dispute  over  the  amount  of the delinquency, the court may
 4    order immediate service of the order for  withholding  as  to
 5    any  undisputed  amounts  specified  in  an amended notice of
 6    delinquency, and may continue the  hearing  on  the  disputed
 7    amounts.
 8        (2)  At  any  time, an obligor, obligee, public office or
 9    Clerk of the Circuit Court may petition the court to:
10             (a)  Modify, suspend  or  terminate  the  order  for
11        withholding  because  of  a  modification,  suspension or
12        termination of the underlying order for support; or
13             (b)  Modify the amount of income to be  withheld  to
14        reflect  payment in full or in part of the delinquency or
15        arrearage by income withholding or otherwise; or
16             (c)  Suspend the order for  withholding  because  of
17        inability  to  deliver income withheld to the obligee due
18        to the obligee's failure to provide a mailing address  or
19        other means of delivery.
20        (3)  The obligor, obligee or public office shall serve on
21    the  payor, by certified mail or personal delivery, a copy of
22    any order entered pursuant to this  subsection  that  affects
23    the duties of the payor.
24        (4)  At any time, a public office or Clerk of the Circuit
25    Court may serve a notice on the payor to:
26             (a)  cease  withholding  of  income  for  payment of
27        current support for a child when the  support  obligation
28        for  that  child has automatically ceased under the order
29        for support through emancipation or otherwise; or
30             (b)  cease withholding  of  income  for  payment  of
31        delinquency   or   arrearage   when  the  delinquency  or
32        arrearage has been paid in full.
33        (5)  The notice provided for under paragraph (4) of  this
34    subsection shall be served on the payor by ordinary mail, and
                            -93-               LRB9005376SMmb
 1    a  copy  shall be provided to the obligor and the obligee.  A
 2    copy of the notice shall be  filed  with  the  Clerk  of  the
 3    Circuit Court.
 4        (6)  The  order  for  withholding  shall  continue  to be
 5    binding upon the payor until service  of  any  order  of  the
 6    court   or   notice   entered  or  provided  for  under  this
 7    subsection.
 8    (I)  Additional Duties.
 9        (1)  An  obligee  who  is  receiving  income  withholding
10    payments under this Section shall notify the  payor,  if  the
11    obligee receives the payments directly from the payor, or the
12    public   office  or  the  Clerk  of  the  Circuit  Court,  as
13    appropriate, of any change of address within 7 days  of  such
14    change.
15        (2)  An  obligee  who  is a recipient of public aid shall
16    send a copy of any notice of delinquency  filed  pursuant  to
17    subsection (C) to the Bureau of Child Support of the Illinois
18    Department of Revenue Public Aid.
19        (3)  Each  obligor shall notify the obligee and the Clerk
20    of the Circuit Court of any change of address within 7 days.
21        (4)  An obligor whose income is being withheld or who has
22    been served with a notice of  delinquency  pursuant  to  this
23    Section shall notify the obligee and the Clerk of the Circuit
24    Court of any new payor, within 7 days.
25        (5)  When  the  Illinois Department of Revenue Public Aid
26    is no longer authorized to receive payments for the  obligee,
27    it   shall,  within  7  days,  notify  the  payor  or,  where
28    appropriate, the Clerk of  the  Circuit  Court,  to  redirect
29    income withholding payments to the obligee.
30        (6)  The obligee or public office shall provide notice to
31    the payor and Clerk of the Circuit Court of any other support
32    payment  made,  including but not limited to, a set-off under
33    federal and State law or partial payment of  the  delinquency
34    or arrearage, or both.
                            -94-               LRB9005376SMmb
 1        (7)  Any  public  office  and  Clerk of the Circuit Court
 2    which collects, disburses or receives  payments  pursuant  to
 3    orders for withholding shall maintain complete, accurate, and
 4    clear  records  of  all  payments  and  their  disbursements.
 5    Certified  copies  of  payment records maintained by a public
 6    office or Clerk of the Circuit Court shall,  without  further
 7    proof,  be  admitted  into  evidence in any legal proceedings
 8    under this Section.
 9        (8)  The Illinois Department of Revenue Public Aid  shall
10    design  suggested  legal  forms  for  proceeding  under  this
11    Section and shall make available to the courts such forms and
12    informational  materials  which  describe  the procedures and
13    remedies set forth herein for distribution to all parties  in
14    support actions.
15        (9)  At  the  time  of transmitting each support payment,
16    the clerk of the circuit court shall provide the  obligee  or
17    public office, as appropriate, with any information furnished
18    by  the  payor as to the date income was paid from which such
19    support was withheld.
20    (J)  Penalties.
21        (1)  Where a payor wilfully fails to withhold or pay over
22    income pursuant to a  properly  served,  specially  certified
23    order  for  withholding  and  any  notice  of delinquency, or
24    wilfully  discharges,  disciplines,  refuses   to   hire   or
25    otherwise  penalizes  an  obligor as prohibited by subsection
26    (G), or otherwise fails to comply with any duties imposed  by
27    this  Section,  the  obligee,  public  office  or obligor, as
28    appropriate, may file a complaint with the court against  the
29    payor.   The  clerk  of  the  circuit  court shall notify the
30    obligee or public office, as appropriate, and the obligor and
31    payor of the time and place of the hearing on the  complaint.
32    The  court  shall  resolve any factual dispute including, but
33    not limited to, a denial that the payor is paying or has paid
34    income to the obligor.   Upon  a  finding  in  favor  of  the
                            -95-               LRB9005376SMmb
 1    complaining party, the court:
 2             (a)  Shall enter judgment and direct the enforcement
 3        thereof  for  the  total  amount  that the payor wilfully
 4        failed to withhold or pay over; and
 5             (b)  May order employment  or  reinstatement  of  or
 6        restitution  to  the  obligor, or both, where the obligor
 7        has been discharged, disciplined,  denied  employment  or
 8        otherwise  penalized  by  the payor and may impose a fine
 9        upon the payor not to exceed $200.
10        (2)  Any obligee, public office or obligor  who  wilfully
11    initiates  a  false  proceeding  under  this  Section  or who
12    wilfully fails  to  comply  with  the  requirements  of  this
13    Section shall be punished as in cases of contempt of court.
14    (K)  Alternative Procedures for Entry and Service of an Order
15    for Withholding.
16        (1)  Effective January 1, 1987, in any matter in which an
17    order  for  withholding  has not been entered for any reason,
18    based upon the last order for support that has been  entered,
19    and  in which the obligor has become delinquent in payment of
20    an amount equal to at least one  month's  support  obligation
21    pursuant to the last order for support or is at least 30 days
22    late  in complying with all or part of the order for support,
23    the obligee or public office may prepare and serve  an  order
24    for  withholding pursuant to the procedures set forth in this
25    subsection.
26        (2)  The obligee or public office shall:
27             (a)  Prepare a proposed order  for  withholding  for
28        immediate  service  as provided by paragraphs (1) and (3)
29        of  subsection  (B),  except   that   the   minimum   20%
30        delinquency payment shall be used;
31             (b)  Prepare  a notice of delinquency as provided by
32        paragraphs (1) and (2)  of  subsection  (C),  except  the
33        notice shall state further that the order for withholding
34        has  not  been  entered  by  the court and the conditions
                            -96-               LRB9005376SMmb
 1        under which the order will be entered; and
 2             (c)  Serve  the  notice  of  delinquency  and   form
 3        petition  to stay service as provided by paragraph (3) of
 4        subsection (C), together  with  the  proposed  order  for
 5        withholding, which shall be marked "COPY ONLY".
 6        (3)  After  20  days  following  service of the notice of
 7    delinquency and proposed order for withholding,  in  lieu  of
 8    the  provisions  of  subsection  (E),  the  obligee or public
 9    office shall file with the Clerk  of  the  Circuit  Court  an
10    affidavit,  with  a  copy  of  the  notice of delinquency and
11    proposed order  for  withholding  attached  thereto,  stating
12    that:
13             (a)  The  notice  of  delinquency and proposed order
14        for withholding have been served upon the obligor and the
15        date on which service was effected;
16             (b)  The obligor has not filed a  petition  to  stay
17        service  within  20  days  of  service of such notice and
18        order; and
19             (c)  The proposed order for  withholding  accurately
20        states  the terms and amounts contained in the last order
21        for support.
22        (4)  Upon the court's satisfaction  that  the  procedures
23    set  forth  in  this subsection have been met, it shall enter
24    the order for withholding.
25        (5)  The Clerk shall  then  provide  to  the  obligee  or
26    public  office  a  specially  certified copy of the order for
27    withholding and the notice of delinquency indicating that the
28    preconditions for service have been met.
29        (6)  The  obligee  or  public  office  shall  serve   the
30    specially  certified  copies of the order for withholding and
31    the notice of delinquency on the payor,  its  superintendent,
32    manager   or  other  agent  by  certified  mail  or  personal
33    delivery.  A proof of service shall be filed with  the  Clerk
34    of the Circuit Court.
                            -97-               LRB9005376SMmb
 1        (7)  If  the  obligor  requests  in  writing  that income
 2    withholding become effective prior to becoming delinquent  in
 3    payment  of an amount equal to one month's support obligation
 4    pursuant to the last order for support, or prior to  becoming
 5    30  days late in paying all or part of the order for support,
 6    the obligee or public office shall file an affidavit with the
 7    Clerk of  the  circuit  Court,  with  a  proposed  order  for
 8    withholding   attached,   stating  that  the  proposed  order
 9    accurately states the terms and amounts contained in the last
10    order for support and the  obligor's  request  for  immediate
11    service.    The  provisions  of paragraphs (4) through (6) of
12    this  subsection  shall  apply,  except  that  a  notice   of
13    delinquency shall not be required.
14        (8)  All  other  provisions  of  this  Section  shall  be
15    applicable  with respect to the provisions of this subsection
16    (K), except that under paragraph (1) of subsection  (H),  the
17    court  may  also  amend the proposed order for withholding to
18    conform to the last order for support.
19        (9)  Nothing in this subsection  shall  be  construed  as
20    limiting  the requirements of paragraph (1) of subsection (B)
21    with respect to the entry of a separate order for withholding
22    upon entry of any order for support.
23    (L)  Remedies in Addition to Other Laws.
24        (1)  The rights, remedies, duties and  penalties  created
25    by  this  Section  are in addition to and not in substitution
26    for any other rights, remedies, duties and penalties  created
27    by any other law.
28        (2)  Nothing  in  this  Section  shall  be  construed  as
29    invalidating  any  assignment  of  wages or benefits executed
30    prior to January 1, 1984.
31    (Source: P.A. 87-529; 87-935; 87-988; 87-1105; 88-26;  88-45;
32    88-94; 88-131; 88-307; 88-670, eff. 12-2-94.)
33        (Text of Section after amendment by P.A. 89-507)
                            -98-               LRB9005376SMmb
 1        Sec.  706.1.  Withholding  of Income to Secure Payment of
 2    Support.
 3    (A)  Definitions.
 4        (1)  "Order for support" means any  order  of  the  court
 5    which  provides for periodic payment of funds for the support
 6    of a child or maintenance of a spouse, whether  temporary  or
 7    final, and includes any such order which provides for:
 8             (a)  Modification  or  resumption  of, or payment of
 9        arrearage accrued under, a previously existing order;
10             (b)  Reimbursement of support; or
11             (c)  Enrollment in a health insurance plan  that  is
12        available  to  the  obligor  through an employer or labor
13        union or trade union.
14        (2)  "Arrearage" means the total amount of unpaid support
15    obligations.
16        (3)  "Delinquency" means any payment under an  order  for
17    support  which  becomes due and remains unpaid after an order
18    for withholding has been entered under subsection (B) or, for
19    purposes of subsection (K), after the last order for  support
20    was entered for which no order for withholding was entered.
21        (4)  "Income"  means  any  form of periodic payment to an
22    individual, regardless of source, including, but not  limited
23    to: wages, salary, commission, compensation as an independent
24    contractor,  workers'  compensation,  disability, annuity and
25    retirement  benefits,   lottery   prize   awards,   insurance
26    proceeds,  vacation pay, bonuses, profit-sharing payments and
27    any other payments,  made  by  any  person,  private  entity,
28    federal  or  state  government, any unit of local government,
29    school district or any entity created by Public Act; however,
30    "income" excludes:
31             (a)  Any amounts required by  law  to  be  withheld,
32        other  than  creditor  claims, including, but not limited
33        to, federal, State and local taxes, Social  Security  and
34        other retirement and disability contributions;
                            -99-               LRB9005376SMmb
 1             (b)  Union dues;
 2             (c)  Any  amounts  exempted  by the federal Consumer
 3        Credit Protection Act;
 4             (d)  Public assistance payments; and
 5             (e)  Unemployment  insurance  benefits   except   as
 6        provided by law.
 7        Any  other  State  or  local  laws  which limit or exempt
 8    income or the amount or percentage  of  income  that  can  be
 9    withheld shall not apply.
10        (5)  "Obligor"  means  the  individual who owes a duty to
11    make payments under an order for support.
12        (6)  "Obligee" means the individual to  whom  a  duty  of
13    support is owed or the individual's legal representative.
14        (7)  "Payor" means any payor of income to an obligor.
15        (8)  "Public  office"  means  any elected official or any
16    State or local agency which is or may become  responsible  by
17    law  for enforcement of, or which is or may become authorized
18    to enforce, an order for support, including, but not  limited
19    to:  the Attorney General, the Illinois Department of Revenue
20    Public Aid, the Illinois Department of  Human  Services,  the
21    Illinois  Department of Children and Family Services, and the
22    various State's Attorneys, Clerks of the  Circuit  Court  and
23    supervisors of general assistance.
24        (9)  "Premium"  means  the  dollar  amount  for which the
25    obligor is liable to his employer or  labor  union  or  trade
26    union and which must be paid to enroll or maintain a child in
27    a  health  insurance  plan  that  is available to the obligor
28    through an employer or labor union or trade union.
29    (B)  Entry of an Order for Withholding.
30        (1)  Upon entry of any order  for  support  on  or  after
31    January  1,  1984, the court shall enter a separate order for
32    withholding which shall not take effect  unless  the  obligor
33    becomes  delinquent  in  paying  the order for support or the
34    obligor requests an earlier effective date; except  that  the
                            -100-              LRB9005376SMmb
 1    court  may  require  the order for withholding to take effect
 2    immediately.
 3        On or after January 1, 1989, the court shall require  the
 4    order  for  withholding  to take effect immediately, unless a
 5    written agreement is  reached  between  and  signed  by  both
 6    parties  providing  for  an alternative arrangement, approved
 7    and entered into the  record  by  the  court,  which  insures
 8    payment  of support.  In that case, the court shall enter the
 9    order for withholding which will not take effect  unless  the
10    obligor becomes delinquent in paying the order for support.
11        Upon  entry of any order of support on or after September
12    11, 1989, if the obligor is not a United States citizen,  the
13    obligor  shall  provide  to  the  court  the  obligor's alien
14    registration number,  passport  number,  and  home  country's
15    social security or national health number, if applicable; the
16    court  shall  make  the information part of the record in the
17    case.
18        (2)  An order  for  withholding  shall  be  entered  upon
19    petition  by  the obligee or public office where an order for
20    withholding has not been previously entered.
21        (3)  The order for withholding shall:
22             (a)  Direct any payor to withhold  a  dollar  amount
23        equal to the order for support; and
24             (b)  Direct  any  payor  to  withhold  an additional
25        dollar amount,  not  less  than  20%  of  the  order  for
26        support,  until payment in full of any delinquency stated
27        in the notice of delinquency provided for  in  subsection
28        (C) or (F) of this Section; and
29             (c)  Direct  any payor or labor union or trade union
30        to enroll a child as a beneficiary of a health  insurance
31        plan   and    withhold   or  cause  to  be  withheld,  if
32        applicable, any required premiums; and
33             (d)  State the rights, remedies and  duties  of  the
34        obligor under this Section; and
                            -101-              LRB9005376SMmb
 1             (e)  Include  the  obligor's Social Security Number,
 2        which the obligor shall disclose to the court; and
 3             (f)  Include the date that withholding  for  current
 4        support   terminates,   which   shall   be  the  date  of
 5        termination of the current support obligation  set  forth
 6        in the order for support.
 7        (4)  At  the  time  the order for withholding is entered,
 8    the Clerk of the Circuit Court shall provide a  copy  of  the
 9    order  for  withholding  and  the  order  for  support to the
10    obligor and shall make copies available to  the  obligee  and
11    public  office.   Any  copy  of  the  order  for  withholding
12    furnished  to  the  parties  under  this  subsection shall be
13    stamped "Not Valid".
14        (5)  The order for withholding shall remain in effect for
15    as long as the order for support upon which it is based.
16        (6)  The failure of an order for withholding to state  an
17    arrearage  is  not  conclusive  of  the  issue  of whether an
18    arrearage is owing.
19        (7)  Notwithstanding the provisions of  this  subsection,
20    if  the  court  finds  at  the  time  of  any hearing that an
21    arrearage has accrued in an amount  equal  to  at  least  one
22    month's  support  obligation  or  that the obligor is 30 days
23    late in paying all or part of  the  order  for  support,  the
24    court   shall  order  immediate  service  of  the  order  for
25    withholding upon the payor.
26        (8)  Where the court has not required that the order  for
27    withholding  take  effect  immediately, the obligee or public
28    office  may  prepare  and  serve  a  notice   for   immediate
29    withholding  upon  the  obligor by ordinary mail addressed to
30    the obligor at his or her last  known  address.   The  notice
31    shall state that the following circumstances have occurred:
32             (a)  The  parties'  written  agreement  providing an
33        alternative arrangement to  immediate  withholding  under
34        paragraph  (1)  of this subsection no longer provides for
                            -102-              LRB9005376SMmb
 1        timely payment of all support due; or
 2             (b)  The obligor has not  made  timely  payments  in
 3        that  the obligor has been at least 7 days late in paying
 4        all or part of the order for support any of  the  last  6
 5        consecutive  dates payments were due prior to the date of
 6        the notice for immediate withholding.
 7        The notice for immediate withholding shall clearly  state
 8    that  a specially certified copy of the order for withholding
 9    will be sent  to  the  payor,  unless  the  obligor  files  a
10    petition  contesting  immediate  withholding  within  20 days
11    after service of the notice; however,  the  grounds  for  the
12    petition shall be limited to a dispute concerning whether the
13    circumstances  stated  in  the  notice  have  occurred or the
14    identity of the obligor.  It shall not  be  grounds  for  the
15    petition  that  the  obligor has made all payments due by the
16    date of the petition.
17        If the obligor  files  a  petition  contesting  immediate
18    withholding  within  the  20-day  period  required under this
19    paragraph, the Clerk of the Circuit Court  shall  notify  the
20    obligor  and the obligee or public office, as appropriate, of
21    the time and place of the  hearing  on  the  petition.   Upon
22    hearing the petition, the court shall enter an order granting
23    or  denying relief.  It shall not be grounds for granting the
24    obligor's petition that he or she has made all  payments  due
25    by  the  date  of hearing.  If the court denies the obligor's
26    petition, it shall order immediate service of the  order  for
27    withholding  and  direct  the  clerk  to  provide a specially
28    certified copy of the order for withholding to the obligee or
29    public office indicating that the requirements for  immediate
30    withholding under this paragraph have been met.
31        If  the  obligor  does  not  file  a  petition contesting
32    immediate withholding within the 20-day period,  the  obligee
33    or  public  office  shall  file with the Clerk of the Circuit
34    Court an affidavit, with a copy of the notice  for  immediate
                            -103-              LRB9005376SMmb
 1    withholding  attached  thereto,  stating  that the notice was
 2    duly served and the date on which service was  effected,  and
 3    that   the  obligor  has  not  filed  a  petition  contesting
 4    immediate withholding.  The clerk shall then provide  to  the
 5    obligee  or  public  office a specially certified copy of the
 6    order for withholding indicating that  the  requirements  for
 7    immediate withholding under this paragraph have been met.
 8        Upon  receipt  of a specially certified copy of the order
 9    for withholding, the obligee or public office may  serve  the
10    order  on  the  payor,  its  superintendent, manager or other
11    agent, by certified mail or personal delivery.   A  proof  of
12    service shall be filed with the Clerk of the Circuit Court.
13    (C)  Notice of Delinquency.
14        (1)  Whenever an obligor becomes delinquent in payment of
15    an  amount  equal  to at least one month's support obligation
16    pursuant to the order for support or is at least 30 days late
17    in complying with all or  part  of  the  order  for  support,
18    whichever  occurs  first,  the  obligee  or public office may
19    prepare and serve a verified notice of delinquency,  together
20    with  a  form petition to stay service, pursuant to paragraph
21    (3) of this subsection.
22        (2)  The notice of delinquency shall recite the terms  of
23    the order for support and contain a computation of the period
24    and  total  amount  of the delinquency, as of the date of the
25    notice.  The notice shall clearly state that it will be  sent
26    to the payor, together with a specially certified copy of the
27    order  for withholding, except as provided in subsection (F),
28    unless the obligor  files  a  petition  to  stay  service  in
29    accordance with paragraph (1) of subsection (D).
30        (3)  The   notice  of  delinquency  shall  be  served  by
31    ordinary mail addressed to the obligor at  his  or  her  last
32    known address.
33        (4)  The  obligor  may  execute  a  written waiver of the
34    provisions of paragraphs (1) through (3) of  this  subsection
                            -104-              LRB9005376SMmb
 1    and request immediate service upon the payor.
 2    (D)  Procedures to Avoid Income Withholding.
 3        (1)  Except  as  provided  in subsection (F), the obligor
 4    may prevent an order for withholding  from  being  served  by
 5    filing  a  petition  to  stay  service  with the Clerk of the
 6    Circuit Court, within 20 days after service of the notice  of
 7    delinquency;  however,  the  grounds for the petition to stay
 8    service shall be limited to:
 9             (a)  A dispute  concerning  the  amount  of  current
10        support or the existence or amount of the delinquency;
11             (b)  The identity of the obligor.
12        The  Clerk  of the Circuit Court shall notify the obligor
13    and the obligee or public office, as appropriate, of the time
14    and place of the hearing on the petition to stay service. The
15    court shall hold such hearing pursuant to the  provisions  of
16    subsection (H).
17        (2)  Except  as  provided  in subsection (F), filing of a
18    petition to stay service, within the 20-day  period  required
19    under  this  subsection, shall prohibit the obligee or public
20    office from serving the order for withholding on any payor of
21    the obligor.
22    (E)  Initial Service of Order for Withholding.
23        (1)  Except as provided in subsection (F),  in  order  to
24    serve  an  order  for withholding upon a payor, an obligee or
25    public office shall follow the procedures set forth  in  this
26    subsection.  After 20 days following service of the notice of
27    delinquency, the obligee or public office shall file with the
28    Clerk of the Circuit Court an affidavit, with the copy of the
29    notice of delinquency attached thereto, stating:
30             (a)  that  the  notice  of delinquency has been duly
31        served and the date on which service was effected; and
32             (b)  that the obligor has not filed  a  petition  to
33        stay service, or in the alternative
                            -105-              LRB9005376SMmb
 1             (c)  that  the  obligor has waived the provisions of
 2        subparagraphs (a)  and  (b)  of  this  paragraph  (1)  in
 3        accordance with subsection (C)(4).
 4        (2)  Upon  request  of  the obligee or public office, the
 5    Clerk of the Circuit Court  shall:  (a)  make  available  any
 6    record of payment; and (b) determine that the file contains a
 7    copy  of the affidavit described in paragraph (1).  The Clerk
 8    shall  then  provide  to  the  obligee  or  public  office  a
 9    specially certified copy of the order for withholding and the
10    notice of delinquency indicating that the  preconditions  for
11    service have been met.
12        (3)  The  obligee  or  public  office  may then serve the
13    notice of delinquency and order for withholding on the payor,
14    its superintendent, manager or other agent, by certified mail
15    or personal delivery.  A proof of service shall be filed with
16    the Clerk of the Circuit Court.
17    (F)  Subsequent Service of Order for Withholding.
18        (1)  Notwithstanding the provisions of this  Section,  at
19    any  time after the court has ordered immediate service of an
20    order for withholding or after initial service  of  an  order
21    for  withholding  pursuant  to subsection (E), the obligee or
22    public office may serve the order for  withholding  upon  any
23    payor  of  the obligor without further notice to the obligor.
24    The obligee or public office  shall  provide  notice  to  the
25    payor,  pursuant  to  paragraph (6) of subsection (I), of any
26    payments that have been made through previous withholding  or
27    any other method.
28        (2)  The  Clerk of the Circuit Court shall, upon request,
29    provide the obligee or public office with specially certified
30    copies  of  the  order  for  withholding  or  the  notice  of
31    delinquency or both whenever the Court has ordered  immediate
32    service  of an order for withholding or an affidavit has been
33    placed in the court file indicating  that  the  preconditions
34    for  service have been previously met.  The obligee or public
                            -106-              LRB9005376SMmb
 1    office may then serve the order for withholding on the payor,
 2    its superintendent, manager or other agent by certified  mail
 3    or personal delivery.  A proof of service shall be filed with
 4    the Clerk of the Circuit Court.
 5        (3)  If  a  delinquency  has  accrued for any reason, the
 6    obligee or public office may serve a  notice  of  delinquency
 7    upon the obligor pursuant to subsection (C).  The obligor may
 8    prevent  the notice of delinquency from being served upon the
 9    payor by utilizing the procedures  set  forth  in  subsection
10    (D). If no petition to stay service has been filed within the
11    required 20 day time period, the obligee or public office may
12    serve the notice of delinquency on the payor by utilizing the
13    procedures for service set forth in subsection (E).
14    (G)  Duties of Payor.
15        (1)  It  shall  be  the  duty  of  any payor who has been
16    served with a copy  of  the  specially  certified  order  for
17    withholding  and  any notice of delinquency to deduct and pay
18    over income as provided in this subsection.  The payor  shall
19    deduct the amount designated in the order for withholding, as
20    supplemented  by  the  notice  of  delinquency and any notice
21    provided  pursuant  to  paragraph  (6)  of  subsection   (I),
22    beginning  no  later than the next payment of income which is
23    payable to the obligor that occurs 14 days following the date
24    the order and any notice were mailed  by  certified  mail  or
25    placed  for  personal  delivery.   The  payor may combine all
26    amounts withheld for the benefit  of  an  obligee  or  public
27    office  into a single payment and transmit the payment with a
28    listing of obligors from whom withholding has been  effected.
29    The  payor  shall  pay  the amount withheld to the obligee or
30    public office within 10 calendar days of the date  income  is
31    paid  to  the  obligor  in  accordance  with  the  order  for
32    withholding and any subsequent notification received from the
33    public  office  redirecting  payments. If the payor knowingly
34    fails to pay any amount withheld to  the  obligee  or  public
                            -107-              LRB9005376SMmb
 1    office  within 10 calendar days of the date income is paid to
 2    the obligor, the payor shall pay a penalty of $100  for  each
 3    day  that  the  withheld amount is not paid to the obligee or
 4    public office after  the  period  of  10  calendar  days  has
 5    expired.   The failure of a payor, on more than one occasion,
 6    to pay amounts withheld  to  the  obligee  or  public  office
 7    within 10 calendar days of the date income is not paid to the
 8    obligor creates a presumption that the payor knowingly failed
 9    to pay the amounts.  This penalty may be collected in a civil
10    action which may be brought against the payor in favor of the
11    obligee.   For  purposes  of  this Section, a withheld amount
12    shall be considered paid by a payor on the date it is  mailed
13    by  the payor, or on the date an electronic funds transfer of
14    the amount has been initiated by the payor, or  on  the  date
15    delivery  of  the amount has been initiated by the payor. For
16    each deduction, the payor shall provide the obligee or public
17    office, at the time of transmittal, with the date income  was
18    paid from which support was withheld.
19        Upon  receipt of an order requiring that a minor child be
20    named as a beneficiary of a health insurance  plan  available
21    through  an  employer  or  labor  union  or  trade union, the
22    employer or labor union  or  trade  union  shall  immediately
23    enroll  the  minor  child  as  a  beneficiary  in  the health
24    insurance plan designated by the court  order.  The  employer
25    shall withhold any required premiums and pay over any amounts
26    so  withheld  and any additional amounts the employer pays to
27    the insurance carrier in a timely manner.   The  employer  or
28    labor  union or trade union shall mail to the obligee, within
29    15 days of enrollment or upon request, notice of the date  of
30    coverage, information on the dependent coverage plan, and all
31    forms  necessary  to  obtain reimbursement for covered health
32    expenses, such as would be made available to a new  employee.
33    When  an  order  for  dependent coverage is in effect and the
34    insurance coverage is terminated or changed for  any  reason,
                            -108-              LRB9005376SMmb
 1    the  employer  or labor union or trade union shall notify the
 2    obligee within 10 days of  the  termination  or  change  date
 3    along with notice of conversion privileges.
 4        For withholding of income, the payor shall be entitled to
 5    receive a fee not to exceed $5 per month to be taken from the
 6    income to be paid to the obligor.
 7        (2)  Whenever  the  obligor is no longer receiving income
 8    from the payor, the payor shall return a copy  of  the  order
 9    for  withholding  to  the  obligee or public office and shall
10    provide  information  for  the  purpose  of  enforcing   this
11    Section.
12        (3)  Withholding  of  income  under this Section shall be
13    made without regard to any prior or subsequent  garnishments,
14    attachments,   wage  assignments,  or  any  other  claims  of
15    creditors.  Withholding of income under  this  Section  shall
16    not  be  in excess of the maximum amounts permitted under the
17    federal Consumer Credit Protection Act. If the payor has been
18    served with more than one order for withholding pertaining to
19    the same obligor, the payor shall allocate  income  available
20    for  withholding  on  a  proportionate  share  basis,  giving
21    priority to current support payments.  If there is any income
22    available  for  withholding after withholding for all current
23    support obligations, the payor shall allocate the  income  to
24    past  due  support  payments  ordered in non-AFDC matters and
25    then to past due support payments ordered  in  AFDC  matters,
26    both  on  a proportionate share basis. Payment as required by
27    the order for withholding shall be a complete defense by  the
28    payor  against  any claims of the obligor or his creditors as
29    to the sum so paid.
30        (4)  No payor shall discharge, discipline, refuse to hire
31    or otherwise penalize any obligor  because  of  the  duty  to
32    withhold income.
33    (H)  Petitions  to  Stay  Service  or  to  Modify, Suspend or
34    Terminate Orders for Withholding.
                            -109-              LRB9005376SMmb
 1        (1)  When an obligor files a petition  to  stay  service,
 2    the  court,  after  due notice to all parties, shall hear the
 3    matter as soon  as  practicable  and  shall  enter  an  order
 4    granting   or   denying   relief,   amending  the  notice  of
 5    delinquency,  amending  the  order  for  withholding,   where
 6    applicable,  or otherwise resolving the matter.  If the court
 7    finds  that  a  delinquency  existed  when  the   notice   of
 8    delinquency  was  served upon the obligor, in an amount of at
 9    least one month's support obligation, or that the obligor was
10    at least 30 days late in paying all or part of the order  for
11    support, the court shall order immediate service of the order
12    for withholding.  Where the court cannot promptly resolve any
13    dispute  over  the  amount  of the delinquency, the court may
14    order immediate service of the order for  withholding  as  to
15    any  undisputed  amounts  specified  in  an amended notice of
16    delinquency, and may continue the  hearing  on  the  disputed
17    amounts.
18        (2)  At  any  time, an obligor, obligee, public office or
19    Clerk of the Circuit Court may petition the court to:
20             (a)  Modify, suspend  or  terminate  the  order  for
21        withholding  because  of  a  modification,  suspension or
22        termination of the underlying order for support; or
23             (b)  Modify the amount of income to be  withheld  to
24        reflect  payment in full or in part of the delinquency or
25        arrearage by income withholding or otherwise; or
26             (c)  Suspend the order for  withholding  because  of
27        inability  to  deliver income withheld to the obligee due
28        to the obligee's failure to provide a mailing address  or
29        other means of delivery.
30        (3)  The obligor, obligee or public office shall serve on
31    the  payor, by certified mail or personal delivery, a copy of
32    any order entered pursuant to this  subsection  that  affects
33    the duties of the payor.
34        (4)  At any time, a public office or Clerk of the Circuit
                            -110-              LRB9005376SMmb
 1    Court may serve a notice on the payor to:
 2             (a)  cease  withholding  of  income  for  payment of
 3        current support for a child when the  support  obligation
 4        for  that  child has automatically ceased under the order
 5        for support through emancipation or otherwise; or
 6             (b)  cease withholding  of  income  for  payment  of
 7        delinquency   or   arrearage   when  the  delinquency  or
 8        arrearage has been paid in full.
 9        (5)  The notice provided for under paragraph (4) of  this
10    subsection shall be served on the payor by ordinary mail, and
11    a  copy  shall be provided to the obligor and the obligee.  A
12    copy of the notice shall be  filed  with  the  Clerk  of  the
13    Circuit Court.
14        (6)  The  order  for  withholding  shall  continue  to be
15    binding upon the payor until service  of  any  order  of  the
16    court   or   notice   entered  or  provided  for  under  this
17    subsection.
18    (I)  Additional Duties.
19        (1)  An  obligee  who  is  receiving  income  withholding
20    payments under this Section shall notify the  payor,  if  the
21    obligee receives the payments directly from the payor, or the
22    public   office  or  the  Clerk  of  the  Circuit  Court,  as
23    appropriate, of any change of address within 7 days  of  such
24    change.
25        (2)  An  obligee  who  is a recipient of public aid shall
26    send a copy of any notice of delinquency  filed  pursuant  to
27    subsection (C) to the Bureau of Child Support of the Illinois
28    Department of Revenue Public Aid.
29        (3)  Each  obligor shall notify the obligee and the Clerk
30    of the Circuit Court of any change of address within 7 days.
31        (4)  An obligor whose income is being withheld or who has
32    been served with a notice of  delinquency  pursuant  to  this
33    Section shall notify the obligee and the Clerk of the Circuit
34    Court of any new payor, within 7 days.
                            -111-              LRB9005376SMmb
 1        (5)  When  the  Illinois Department of Revenue Public Aid
 2    is no longer authorized to receive payments for the  obligee,
 3    it   shall,  within  7  days,  notify  the  payor  or,  where
 4    appropriate, the Clerk of  the  Circuit  Court,  to  redirect
 5    income withholding payments to the obligee.
 6        (6)  The obligee or public office shall provide notice to
 7    the payor and Clerk of the Circuit Court of any other support
 8    payment  made,  including but not limited to, a set-off under
 9    federal and State law or partial payment of  the  delinquency
10    or arrearage, or both.
11        (7)  Any  public  office  and  Clerk of the Circuit Court
12    which collects, disburses or receives  payments  pursuant  to
13    orders for withholding shall maintain complete, accurate, and
14    clear  records  of  all  payments  and  their  disbursements.
15    Certified  copies  of  payment records maintained by a public
16    office or Clerk of the Circuit Court shall,  without  further
17    proof,  be  admitted  into  evidence in any legal proceedings
18    under this Section.
19        (8)  The Illinois Department of Revenue Public Aid  shall
20    design  suggested  legal  forms  for  proceeding  under  this
21    Section and shall make available to the courts such forms and
22    informational  materials  which  describe  the procedures and
23    remedies set forth herein for distribution to all parties  in
24    support actions.
25        (9)  At  the  time  of transmitting each support payment,
26    the clerk of the circuit court shall provide the  obligee  or
27    public office, as appropriate, with any information furnished
28    by  the  payor as to the date income was paid from which such
29    support was withheld.
30    (J)  Penalties.
31        (1)  Where a payor wilfully fails to withhold or pay over
32    income pursuant to a  properly  served,  specially  certified
33    order  for  withholding  and  any  notice  of delinquency, or
34    wilfully  discharges,  disciplines,  refuses   to   hire   or
                            -112-              LRB9005376SMmb
 1    otherwise  penalizes  an  obligor as prohibited by subsection
 2    (G), or otherwise fails to comply with any duties imposed  by
 3    this  Section,  the  obligee,  public  office  or obligor, as
 4    appropriate, may file a complaint with the court against  the
 5    payor.   The  clerk  of  the  circuit  court shall notify the
 6    obligee or public office, as appropriate, and the obligor and
 7    payor of the time and place of the hearing on the  complaint.
 8    The  court  shall  resolve any factual dispute including, but
 9    not limited to, a denial that the payor is paying or has paid
10    income to the obligor.   Upon  a  finding  in  favor  of  the
11    complaining party, the court:
12             (a)  Shall enter judgment and direct the enforcement
13        thereof  for  the  total  amount  that the payor wilfully
14        failed to withhold or pay over; and
15             (b)  May order employment  or  reinstatement  of  or
16        restitution  to  the  obligor, or both, where the obligor
17        has been discharged, disciplined,  denied  employment  or
18        otherwise  penalized  by  the payor and may impose a fine
19        upon the payor not to exceed $200.
20        (2)  Any obligee, public office or obligor  who  wilfully
21    initiates  a  false  proceeding  under  this  Section  or who
22    wilfully fails  to  comply  with  the  requirements  of  this
23    Section shall be punished as in cases of contempt of court.
24    (K)  Alternative Procedures for Entry and Service of an Order
25    for Withholding.
26        (1)  Effective January 1, 1987, in any matter in which an
27    order  for  withholding  has not been entered for any reason,
28    based upon the last order for support that has been  entered,
29    and  in which the obligor has become delinquent in payment of
30    an amount equal to at least one  month's  support  obligation
31    pursuant to the last order for support or is at least 30 days
32    late  in complying with all or part of the order for support,
33    the obligee or public office may prepare and serve  an  order
34    for  withholding pursuant to the procedures set forth in this
                            -113-              LRB9005376SMmb
 1    subsection.
 2        (2)  The obligee or public office shall:
 3             (a)  Prepare a proposed order  for  withholding  for
 4        immediate  service  as provided by paragraphs (1) and (3)
 5        of  subsection  (B),  except   that   the   minimum   20%
 6        delinquency payment shall be used;
 7             (b)  Prepare  a notice of delinquency as provided by
 8        paragraphs (1) and (2)  of  subsection  (C),  except  the
 9        notice shall state further that the order for withholding
10        has  not  been  entered  by  the court and the conditions
11        under which the order will be entered; and
12             (c)  Serve  the  notice  of  delinquency  and   form
13        petition  to stay service as provided by paragraph (3) of
14        subsection (C), together  with  the  proposed  order  for
15        withholding, which shall be marked "COPY ONLY".
16        (3)  After  20  days  following  service of the notice of
17    delinquency and proposed order for withholding,  in  lieu  of
18    the  provisions  of  subsection  (E),  the  obligee or public
19    office shall file with the Clerk  of  the  Circuit  Court  an
20    affidavit,  with  a  copy  of  the  notice of delinquency and
21    proposed order  for  withholding  attached  thereto,  stating
22    that:
23             (a)  The  notice  of  delinquency and proposed order
24        for withholding have been served upon the obligor and the
25        date on which service was effected;
26             (b)  The obligor has not filed a  petition  to  stay
27        service  within  20  days  of  service of such notice and
28        order; and
29             (c)  The proposed order for  withholding  accurately
30        states  the terms and amounts contained in the last order
31        for support.
32        (4)  Upon the court's satisfaction  that  the  procedures
33    set  forth  in  this subsection have been met, it shall enter
34    the order for withholding.
                            -114-              LRB9005376SMmb
 1        (5)  The Clerk shall  then  provide  to  the  obligee  or
 2    public  office  a  specially  certified copy of the order for
 3    withholding and the notice of delinquency indicating that the
 4    preconditions for service have been met.
 5        (6)  The  obligee  or  public  office  shall  serve   the
 6    specially  certified  copies of the order for withholding and
 7    the notice of delinquency on the payor,  its  superintendent,
 8    manager   or  other  agent  by  certified  mail  or  personal
 9    delivery.  A proof of service shall be filed with  the  Clerk
10    of the Circuit Court.
11        (7)  If  the  obligor  requests  in  writing  that income
12    withholding become effective prior to becoming delinquent  in
13    payment  of an amount equal to one month's support obligation
14    pursuant to the last order for support, or prior to  becoming
15    30  days late in paying all or part of the order for support,
16    the obligee or public office shall file an affidavit with the
17    Clerk of  the  circuit  Court,  with  a  proposed  order  for
18    withholding   attached,   stating  that  the  proposed  order
19    accurately states the terms and amounts contained in the last
20    order for support and the  obligor's  request  for  immediate
21    service.    The  provisions  of paragraphs (4) through (6) of
22    this  subsection  shall  apply,  except  that  a  notice   of
23    delinquency shall not be required.
24        (8)  All  other  provisions  of  this  Section  shall  be
25    applicable  with respect to the provisions of this subsection
26    (K), except that under paragraph (1) of subsection  (H),  the
27    court  may  also  amend the proposed order for withholding to
28    conform to the last order for support.
29        (9)  Nothing in this subsection  shall  be  construed  as
30    limiting  the requirements of paragraph (1) of subsection (B)
31    with respect to the entry of a separate order for withholding
32    upon entry of any order for support.
33    (L)  Remedies in Addition to Other Laws.
34        (1)  The rights, remedies, duties and  penalties  created
                            -115-              LRB9005376SMmb
 1    by  this  Section  are in addition to and not in substitution
 2    for any other rights, remedies, duties and penalties  created
 3    by any other law.
 4        (2)  Nothing  in  this  Section  shall  be  construed  as
 5    invalidating  any  assignment  of  wages or benefits executed
 6    prior to January 1, 1984.
 7    (Source: P.A. 88-26; 88-45; 88-94;  88-131;  88-307;  88-670,
 8    eff. 12-2-94; 89-507, eff. 7-1-97.)
 9        (750 ILCS 5/709) (from Ch. 40, par. 709)
10        Sec. 709.  Mandatory child support payments to clerk.
11        (a)  As  of January 1, 1982, child support orders entered
12    in any county  covered  by  this  subsection  shall  be  made
13    pursuant  to  the  provisions  of Sections 709 through 712 of
14    this Act.  For purposes of these Sections,  the  term  "child
15    support  payment"  or  "payment"  shall  include  any payment
16    ordered to be made solely for the purpose of the support of a
17    child or children or any payment ordered for general  support
18    which  includes  any  amount  for  support  of  any  child or
19    children.
20        The provisions of  Sections  709  through  712  shall  be
21    applicable  to  any  county with a population of 2 million or
22    more and to any other county which notifies the Supreme Court
23    of its desire to be included within  the  coverage  of  these
24    Sections and is certified pursuant to Supreme Court Rules.
25        The  effective  date  of  inclusion,  however,  shall  be
26    subject  to  approval of the application for reimbursement of
27    the costs of the support program by the Department of  Public
28    Aid as provided in Section 712.
29        On and after the effective date of this amendatory Act of
30    1997,  any reference to the Illinois Department of Public Aid
31    in this Section shall be a reference  to  the  Department  of
32    Revenue and any reference to the Public Assistance Recoveries
33    Trust  Fund  shall  be  a  reference  to  the  Child  Support
                            -116-              LRB9005376SMmb
 1    Recoveries Trust Fund.
 2        (b)  In  any  proceeding  for  a dissolution of marriage,
 3    legal separation, or declaration of invalidity  of  marriage,
 4    or  in  any  supplementary proceedings in which a judgment or
 5    modification thereof for the  payment  of  child  support  is
 6    entered on or after January 1, 1982, in any county covered by
 7    Sections  709 through 712, and the person entitled to payment
 8    is receiving a grant of financial aid under Article IV of the
 9    Illinois Public Aid Code or has  applied  and  qualified  for
10    support  services  under Section 10-1 of that Code, the court
11    shall direct:  (1) that such payments be made to the clerk of
12    the court and  (2)  that  the  parties  affected  shall  each
13    thereafter  notify  the  clerk  of  any  change of address or
14    change in other conditions that may affect the administration
15    of the order,  including  the  fact  that  a  party  who  was
16    previously not on public aid has become a recipient of public
17    aid,  within 10 days of such change.  All notices sent to the
18    obligor's last known address on file with the clerk shall  be
19    deemed sufficient to proceed with enforcement pursuant to the
20    provisions of Sections 709 through 712.
21        In all other cases, the court may direct that payments be
22    made to the clerk of the court.
23        (c)  Except   as  provided  in  subsection  (d)  of  this
24    Section, the clerk shall disburse the payments to the  person
25    or  persons  entitled thereto under the terms of the order or
26    judgment.
27        (d)  The court shall determine, prior to the entry of the
28    support order, if the party who is to receive the support  is
29    presently  receiving  public aid or has a current application
30    for public aid pending and shall enter  the  finding  on  the
31    record.
32        If  the  person entitled to payment is a recipient of aid
33    under the Illinois Public Aid Code,  the  clerk,  upon  being
34    informed   of   this   fact  by  finding  of  the  court,  by
                            -117-              LRB9005376SMmb
 1    notification  by  the  party  entitled  to  payment,  by  the
 2    Illinois  Department  of  Public  Aid   or   by   the   local
 3    governmental  unit,  shall  make  all  payments  to:  (1) the
 4    Illinois  Department  of  Public  Aid  if  the  person  is  a
 5    recipient under Article III, IV, or V of the Code or (2)  the
 6    local governmental unit responsible for his or her support if
 7    the  person  is  a  recipient  under Article VI or VII of the
 8    Code. In accordance with federal  law  and  regulations,  the
 9    Illinois  Department  of  Public  Aid may continue to collect
10    current maintenance payments or child  support  payments,  or
11    both,  after those persons cease to receive public assistance
12    and until termination of services  under  Article  X  of  the
13    Illinois  Public Aid Code.  The Illinois Department of Public
14    Aid shall pay the net amount collected to those persons after
15    deducting any costs incurred in making the collection or  any
16    collection  fee  from  the  amount of any recovery made. Upon
17    termination of public aid payments to  such  a  recipient  or
18    termination  of  services  under  Article  X  of the Illinois
19    Public Aid Code, the Illinois Department of Public Aid or the
20    appropriate local governmental unit shall notify the clerk in
21    writing or by electronic  transmission  that  all  subsequent
22    payments  are  to  be  sent  directly  to the person entitled
23    thereto.
24        Upon   notification   in   writing   or   by   electronic
25    transmission from the Illinois Department of  Public  Aid  to
26    the clerk of the court that a person who is receiving support
27    payments  under  this Section is receiving services under the
28    Child Support Enforcement Program established by  Title  IV-D
29    of the Social Security Act, any support payments subsequently
30    received  by  the  clerk of the court shall be transmitted in
31    accordance with the instructions of the  Illinois  Department
32    of  Public Aid until the Department gives notice to the clerk
33    of the court to cease the transmittal.  After  providing  the
34    notification  authorized  under  this paragraph, the Illinois
                            -118-              LRB9005376SMmb
 1    Department of Public Aid shall be  entitled  as  a  party  to
 2    notice  of any further proceedings in the case.  The clerk of
 3    the court shall file a copy of  the  Illinois  Department  of
 4    Public  Aid's notification in the court file.  The failure of
 5    the clerk to file a copy of the  notification  in  the  court
 6    file  shall  not,  however, affect the Illinois Department of
 7    Public Aid's right to receive notice of further proceedings.
 8        Payments under this Section to the Illinois Department of
 9    Public Aid pursuant to the Child Support Enforcement  Program
10    established by Title IV-D of the Social Security Act shall be
11    paid into the Child Support Enforcement Trust Fund. All other
12    payments  under  this  Section  to the Illinois Department of
13    Public Aid  shall  be  deposited  in  the  Public  Assistance
14    Recoveries  Trust  Fund. Disbursements from these funds shall
15    be as provided in the  Illinois  Public  Aid  Code.  Payments
16    received  by  a local governmental unit shall be deposited in
17    that unit's General Assistance Fund.
18        (e)  Any order or judgment may be amended by  the  court,
19    upon  its  own  motion or upon the motion of either party, to
20    conform with the provisions  of  Sections  709  through  712,
21    either  as to the requirement of making payments to the clerk
22    or, where payments are already being made to the clerk, as to
23    the statutory fees provided for under Section 711.
24        (f)  The clerk may invest in any interest bearing account
25    or in any securities, monies collected for the benefit  of  a
26    payee,  where  such  payee  cannot  be  found;  however,  the
27    investment may be only for the period until the clerk is able
28    to  locate and present the payee with such monies.  The clerk
29    may invest  in  any  interest  bearing  account,  or  in  any
30    securities,  monies  collected  for  the benefit of any other
31    payee; however, this does not alter the clerk's obligation to
32    make payments to the payee in a timely manner.  Any  interest
33    or  capital  gains  accrued  shall  be for the benefit of the
34    county and shall be paid into the special fund established in
                            -119-              LRB9005376SMmb
 1    subsection (b) of Section 711.
 2        (g)  The clerk shall establish  and  maintain  a  payment
 3    record  of  all monies received and disbursed and such record
 4    shall constitute prima facie evidence  of  such  payment  and
 5    non-payment, as the case may be.
 6        (h)  For those cases in which child support is payable to
 7    the  clerk  of  the  circuit  court  for  transmittal  to the
 8    Illinois Department of Public Aid by order of court  or  upon
 9    notification  by  the  Illinois Department of Public Aid, the
10    clerk shall transmit all such payments, within 4 working days
11    of receipt, to insure that funds are available for  immediate
12    distribution  by  the  Department  to  the  person  or entity
13    entitled thereto in accordance with standards  of  the  Child
14    Support  Enforcement  Program established under Title IV-D of
15    the  Social  Security  Act.   The  clerk  shall  notify   the
16    Department  of  the date of receipt and amount thereof at the
17    time of transmittal.  Where the clerk  has  entered  into  an
18    agreement  of  cooperation  with the Department to record the
19    terms of child support orders and  payments  made  thereunder
20    directly  into  the  Department's  automated  data processing
21    system, the clerk shall account for, transmit  and  otherwise
22    distribute  child  support  payments  in accordance with such
23    agreement in lieu of the requirements contained herein.
24    (Source: P.A. 87-1252; 88-687, eff. 1-24-95.)
25        (750 ILCS 5/712) (from Ch. 40, par. 712)
26        Sec.  712.   (a)  The  Supreme  Court  may   make   Rules
27    concerning the certification of counties for inclusion in the
28    child  support enforcement program and the application of the
29    procedures created by Sections 709 through 712 in the various
30    counties.
31        The Supreme Court shall inform  each  circuit  court  and
32    clerk  of  the  court  of  the availability of the program to
33    reimburse counties desiring to participate in the program  of
                            -120-              LRB9005376SMmb
 1    enforcement of child support payments.
 2        The  Supreme  Court shall also distribute to each circuit
 3    court and clerk of the court any materials  prepared  by  the
 4    Child   and  Spouse  Support  Unit  comparing  child  support
 5    enforcement in counties included and  not  included  in  this
 6    program.
 7        (b)  The  Illinois  Department  of  Revenue  Public  Aid,
 8    through  the  Child  and  Spouse Support Unit provided for by
 9    Section 10-3.1 of The Illinois Public Aid  Code,  shall  have
10    general  supervision of the child support programs created by
11    Sections 709 through 712 and shall have the powers and duties
12    provided in this Section, including the following:
13        (1)  to make advance payments to any county  included  in
14    the  program  for  expenses  in preparing programs to enforce
15    payment of child support to  the  clerk  from  appropriations
16    made for such purposes by the General Assembly;
17        (2)  to  make  payments to each covered county to pay for
18    its reasonable expenses  actually  necessary  to  maintain  a
19    continuing  program not paid for by fees, penalties, or other
20    monies; provided that, with respect to that  portion  of  the
21    program  on  behalf of dependent children included in a grant
22    of financial aid under Article IV of The Illinois Public  Aid
23    Code  the Unit shall pay only such expenses as is its current
24    practice or as it may deem appropriate; provided further that
25    the Unit shall  only  pay  expenses  of  the  entire  program
26    subject  to  the  availability  of  federal monies to pay the
27    majority of expenses of the entire child support  enforcement
28    program; provided further that the Unit or Department may set
29    standards relating to enforcement which have to be met by any
30    county  seeking  to  enter a contract with the Department for
31    reimbursement of expenses of the entire  enforcement  program
32    prior  to an application for reimbursement being approved and
33    the  contract  granted;  and  provided  further   that   such
34    standards may relate to, but are not limited to the following
                            -121-              LRB9005376SMmb
 1    factors: maintenance of the payment record, the definition of
 2    delinquency;  the  period of time in which a delinquency must
 3    be determined, the payor notified, the  remittance  received,
 4    the  referral  to  the state's attorney made, and the payment
 5    remitted by the clerk to the payee or other party entitled to
 6    the payment; the conditions under which referral will not  be
 7    made  to  the  state's  attorney;  and  the  definitions  and
 8    procedures  for  other  matters necessary for the conduct and
 9    operation of the program;
10        (3)  to  monitor   the   various   local   programs   for
11    enforcement of child support payments to the clerk;
12        (4)  to  act  to  encourage  enforcement  whenever  local
13    enforcement procedures are inadequate;
14        (5)  to  receive monies from any source for assistance in
15    enforcement of child support; and
16        (6)  to assist  any  county  desirous  of  assistance  in
17    establishing  and  maintaining  a  child  support enforcement
18    program.
19        (c)  Any county may apply for financial assistance to the
20    Unit to initiate or  maintain  a  program  of  child  support
21    enforcement.   Every  county  which  desires  such assistance
22    shall apply according to procedures established by the  Unit.
23    In  its application, it shall state the following:  financial
24    needs, personnel  requirements,  anticipated  caseloads,  any
25    amounts  collected  or  anticipated in fees or penalties, and
26    any other information required by the Unit.
27        (d)  In the case that any advance money is given  to  any
28    county  under this Section to initiate an enforcement system,
29    the county shall reimburse the state within 2 years from  the
30    date  such monies are given to it.  The Unit may establish an
31    appropriate schedule of reimbursement for any county.
32        (e)  In the event of the unavailability of federal monies
33    to pay for the greater part of the costs to a county  of  the
34    child  support enforcement program under Sections 709 through
                            -122-              LRB9005376SMmb
 1    712 and the resulting cessation of state  participation,  the
 2    operation  of  the  child  support  enforcement program under
 3    Sections 709 through 712 shall terminate.  The date  and  the
 4    method  of  termination  shall be determined by Supreme Court
 5    Rule.
 6    (Source: P.A. 84-1395.)
 7        Section 30. The Non-Support of Spouse and Children Act is
 8    amended by changing Sections 2.1, 4.1, and 11 as follows:
 9        (750 ILCS 15/2.1) (from Ch. 40, par. 1105)
10        Sec. 2.1.  Support  payments;  receiving  and  disbursing
11    agents.
12        (1)  In  actions  instituted  under this Act on and after
13    August 14, 1961, involving a minor  child  or  children,  the
14    Court,  except  in  actions instituted on or after August 26,
15    1969, in which the  support  payments  are  in  behalf  of  a
16    recipient  of  aid  under the Illinois Public Aid Code, shall
17    direct that moneys ordered  to  be  paid  for  support  under
18    Sections  3  and  4 of this Act shall be paid to the clerk of
19    the court in counties of less than 3 million population,  and
20    in  counties of 3 million or more population, to the clerk or
21    probation officer of  the  court  or  to  the  Court  Service
22    Division  of  the County Department of Public Aid.  After the
23    effective date of this amendatory  Act  of  1975,  the  court
24    shall direct that such support moneys be paid to the clerk or
25    probation  officer  or the Illinois Department of Public Aid.
26    However, the court in its  discretion  may  direct  otherwise
27    where  exceptional circumstances so warrant. If payment is to
28    be made to persons other than the clerk or probation officer,
29    the Court Service Division of the County Department of Public
30    Aid, or the Illinois Department of Public Aid,  the  judgment
31    or  order  of  support  shall  set  forth  the  facts  of the
32    exceptional circumstances.
                            -123-              LRB9005376SMmb
 1        On and after the effective date of this amendatory Act of
 2    1997, any reference to the Illinois Department of Public  Aid
 3    in  this  Section  shall  be a reference to the Department of
 4    Revenue and any reference to the Public Assistance Recoveries
 5    Trust  Fund  shall  be  a  reference  to  the  Child  Support
 6    Recoveries Trust Fund.
 7        (2)  In actions instituted after August 26,  1969,  where
 8    the  support  payments are in behalf of spouses, children, or
 9    both, who are recipients of aid under the Illinois Public Aid
10    Code, the court shall order the payments to be made  directly
11    to (1) the Illinois Department of Public Aid if the person is
12    a  recipient  under Articles III, IV or V of the Code, or (2)
13    to the local governmental unit responsible for the support of
14    the person if he or she is a recipient under Articles  VI  or
15    VII   of  the  Code.  In  accordance  with  federal  law  and
16    regulations,  the  Illinois  Department  of  Public  Aid  may
17    continue to collect current  maintenance  payments  or  child
18    support  payments,  or  both,  after  those  persons cease to
19    receive public assistance and until termination  of  services
20    under  Article  X  of  the  Illinois  Public  Aid  Code.  The
21    Illinois Department of Public Aid shall pay  the  net  amount
22    collected to those persons after deducting any costs incurred
23    in  making  the  collection  or  any  collection fee from the
24    amount of any recovery  made.  The  order  shall  permit  the
25    Illinois  Department  of Public Aid or the local governmental
26    unit, as the case may be, to direct that support payments  be
27    made  directly  to  the spouse, children, or both, or to some
28    person or agency in their behalf, upon removal of the  spouse
29    or  children from the public aid rolls or upon termination of
30    services under Article X of the Illinois Public Aid Code; and
31    upon such direction, the Illinois  Department  or  the  local
32    governmental unit, as the case requires, shall give notice of
33    such  action  to  the  court  in  writing  or  by  electronic
34    transmission.
                            -124-              LRB9005376SMmb
 1        (3)  The   clerks,  probation  officers,  and  the  Court
 2    Service Division of the County Department of  Public  Aid  in
 3    counties  of  3  million  or  more population, and, after the
 4    effective date of this amendatory Act of  1975,  the  clerks,
 5    probation  officers,  and  the  Illinois Department of Public
 6    Aid, shall disburse moneys paid to  them  to  the  person  or
 7    persons  entitled thereto under the order of the Court.  They
 8    shall establish and maintain current records  of  all  moneys
 9    received  and  disbursed and of delinquencies and defaults in
10    required payments.  The Court, by order or rule,  shall  make
11    provision for the carrying out of these duties.
12        Upon   notification   in   writing   or   by   electronic
13    transmission  from  the  Illinois Department of Public Aid to
14    the clerk of the court that a person who is receiving support
15    payments under this Section is receiving services  under  the
16    Child  Support  Enforcement Program established by Title IV-D
17    of the Social Security Act, any support payments subsequently
18    received by the clerk of the court shall  be  transmitted  in
19    accordance  with  the instructions of the Illinois Department
20    of Public Aid until the Department gives notice to cease  the
21    transmittal.  After  providing  the  notification  authorized
22    under  this  paragraph, the Illinois Department of Public Aid
23    shall be entitled  as  a  party  to  notice  of  any  further
24    proceedings in the case.  The clerk of the court shall file a
25    copy  of the Illinois Department of Public Aid's notification
26    in the court file.  The failure of the clerk to file  a  copy
27    of  the  notification  in  the court file shall not, however,
28    affect the Illinois  Department  of  Public  Aid's  right  to
29    receive notice of further proceedings.
30        (4)  Payments   under   this   Section  to  the  Illinois
31    Department of  Public  Aid  pursuant  to  the  Child  Support
32    Enforcement  Program  established by Title IV-D of the Social
33    Security Act shall be paid into the Child Support Enforcement
34    Trust Fund. All other payments  under  this  Section  to  the
                            -125-              LRB9005376SMmb
 1    Illinois  Department  of Public Aid shall be deposited in the
 2    Public Assistance Recoveries Trust Fund.  Disbursements  from
 3    these  funds  shall be as provided in the Illinois Public Aid
 4    Code. Payments received by a local governmental unit shall be
 5    deposited in that unit's General Assistance Fund.
 6        (5)  Orders and assignments entered or executed prior  to
 7    the  Act  approved  August  14,  1961  shall  not be affected
 8    thereby.  Employers served  with  wage  assignments  executed
 9    prior  to  that  date  shall  comply  with the terms thereof.
10    However, the Court, on petition of the state's  attorney,  or
11    of   the   Illinois   Department   of  Public  Aid  or  local
12    governmental unit in respect to recipients of public aid, may
13    order the execution of new assignments and enter  new  orders
14    designating  the  clerk,  probation  officer, or the Illinois
15    Department of Public Aid or  appropriate  local  governmental
16    unit in respect to payments in behalf of recipients of public
17    aid,  as  the  person  or  agency  authorized  to receive and
18    disburse the salary or wages assigned.  On like petition  the
19    Court   may  enter  new  orders  designating  such  officers,
20    agencies or governmental units to receive  and  disburse  the
21    payments ordered under Section 4.
22        (6)  For those cases in which child support is payable to
23    the  clerk  of  the  circuit  court  for  transmittal  to the
24    Illinois Department of Public Aid by order of court  or  upon
25    notification  by  the  Illinois Department of Public Aid, the
26    clerk shall transmit all such payments, within 4 working days
27    of receipt, to insure that funds are available for  immediate
28    distribution  by  the  Department  to  the  person  or entity
29    entitled thereto in accordance with standards  of  the  Child
30    Support  Enforcement  Program established under Title IV-D of
31    the  Social  Security  Act.   The  clerk  shall  notify   the
32    Department  of  the date of receipt and amount thereof at the
33    time of transmittal.  Where the clerk  has  entered  into  an
34    agreement  of  cooperation  with the Department to record the
                            -126-              LRB9005376SMmb
 1    terms of child support orders and  payments  made  thereunder
 2    directly  into  the  Department's  automated  data processing
 3    system, the clerk shall account for, transmit  and  otherwise
 4    distribute  child  support  payments  in accordance with such
 5    agreement in lieu of the requirements contained herein.
 6    (Source: P.A. 88-687, eff. 1-24-95.)
 7        (750 ILCS 15/4.1) (from Ch. 40, par. 1107.1)
 8        (Text of Section before amendment by P.A. 89-507)
 9        Sec. 4.1.  Withholding of Income  to  Secure  Payment  of
10    Support.
11    (A)  Definitions.
12        (1)  "Order  for  support"  means  any order of the court
13    which provides for periodic payment of funds for the  support
14    of  a  child or maintenance of a spouse, whether temporary or
15    final, and includes any such order which provides for:
16             (a)  Modification or resumption of,  or  payment  of
17        arrearage accrued under, a previously existing order;
18             (b)  Reimbursement of support; or
19             (c)  Enrollment  in  a health insurance plan that is
20        available to the obligor through  an  employer  or  labor
21        union or trade union.
22        (2)  "Arrearage" means the total amount of unpaid support
23    obligations.
24        (3)  "Delinquency"  means  any payment under an order for
25    support which becomes due and remains unpaid after  an  order
26    for withholding has been entered under subsection (B) or, for
27    purposes  of subsection (K), after the last order for support
28    was entered for which no order for withholding was entered.
29        (4)  "Income" means any form of periodic  payment  to  an
30    individual,  regardless of source, including, but not limited
31    to: wages, salary, commission, compensation as an independent
32    contractor, workers' compensation,  disability,  annuity  and
33    retirement   benefits,   lottery   prize   awards,  insurance
                            -127-              LRB9005376SMmb
 1    proceeds, vacation pay, bonuses, profit-sharing payments  and
 2    any  other  payments,  made  by  any  person, private entity,
 3    federal or state government, any unit  of  local  government,
 4    school district or any entity created by Public Act; however,
 5    "income" excludes:
 6             (a)  Any  amounts  required  by  law to be withheld,
 7        other than creditor claims, including,  but  not  limited
 8        to,  federal,  State and local taxes, Social Security and
 9        other retirement and disability contributions;
10             (b)  Union dues;
11             (c)  Any amounts exempted by  the  federal  Consumer
12        Credit Protection Act;
13             (d)  Public assistance payments; and
14             (e)  Unemployment   insurance   benefits  except  as
15        provided by law.
16        Any other State or  local  laws  which  limit  or  exempt
17    income  or  the  amount  or  percentage of income that can be
18    withheld shall not apply.
19        (5)  "Obligor" means the individual who owes  a  duty  to
20    make payments under an order for support.
21        (6)  "Obligee"  means  the  individual  to whom a duty of
22    support is owed or the individual's legal representative.
23        (7)  "Payor" means any payor of income to an obligor.
24        (8)  "Public office" means any elected  official  or  any
25    State  or  local agency which is or may become responsible by
26    law for enforcement of, or which is or may become  authorized
27    to  enforce, an order for support, including, but not limited
28    to: the Attorney General, the Illinois Department of  Revenue
29    Public  Aid,  the  Illinois  Department  of Mental Health and
30    Developmental  Disabilities,  the  Illinois   Department   of
31    Children   and  Family  Services,  and  the  various  State's
32    Attorneys, Clerks of the Circuit  Court  and  supervisors  of
33    general assistance.
34        (9)  "Premium"  means  the  dollar  amount  for which the
                            -128-              LRB9005376SMmb
 1    obligor is liable to his employer or  labor  union  or  trade
 2    union and which must be paid to enroll or maintain a child in
 3    a  health  insurance  plan  that  is available to the obligor
 4    through an employer or labor union or trade union.
 5    (B)  Entry of an Order for Withholding.
 6        (1)  Upon entry of any order  for  support  on  or  after
 7    January  1,  1984, the court shall enter a separate order for
 8    withholding which shall not take effect  unless  the  obligor
 9    becomes  delinquent  in  paying  the order for support or the
10    obligor requests an earlier effective date; except  that  the
11    court  may  require  the order for withholding to take effect
12    immediately.
13        On or after January 1, 1989, the court shall require  the
14    order  for  withholding  to take effect immediately, unless a
15    written agreement is  reached  between  and  signed  by  both
16    parties  providing  for  an alternative arrangement, approved
17    and entered into the  record  by  the  court,  which  insures
18    payment  of support.  In that case, the court shall enter the
19    order for withholding which will not take effect  unless  the
20    obligor becomes delinquent in paying the order for support.
21        Upon  entry of any order of support on or after September
22    11, 1989, if the obligor is not a United States citizen,  the
23    obligor  shall  provide  to  the  court  the  obligor's alien
24    registration number,  passport  number,  and  home  country's
25    social security or national health number, if applicable; the
26    court  shall  make  the information part of the record in the
27    case.
28        (2)  An order  for  withholding  shall  be  entered  upon
29    petition  by  the obligee or public office where an order for
30    withholding has not been previously entered.
31        (3)  The order for withholding shall:
32             (a)  Direct any payor to withhold  a  dollar  amount
33        equal to the order for support; and
34             (b)  Direct  any  payor  to  withhold  an additional
                            -129-              LRB9005376SMmb
 1        dollar amount,  not  less  than  20%  of  the  order  for
 2        support,  until payment in full of any delinquency stated
 3        in the notice of delinquency provided for  in  subsection
 4        (C) or (F) of this Section; and
 5             (c)  Direct  any payor or labor union or trade union
 6        to enroll a child as a beneficiary of a health  insurance
 7        plan and withhold or cause to be withheld, if applicable,
 8        any required premiums; and
 9             (d)  State  the  rights,  remedies and duties of the
10        obligor under this Section; and
11             (e)  Include the obligor's Social  Security  Number,
12        which the obligor shall disclose to the court; and
13             (f)  Include  the  date that withholding for current
14        support  terminates,  which  shall   be   the   date   of
15        termination  of  the current support obligation set forth
16        in the order for support.
17        (4)  At the time the order for  withholding  is  entered,
18    the  Clerk  of  the Circuit Court shall provide a copy of the
19    order for withholding  and  the  order  for  support  to  the
20    obligor  and  shall  make copies available to the obligee and
21    public  office.   Any  copy  of  the  order  for  withholding
22    furnished to the  parties  under  this  subsection  shall  be
23    stamped "Not Valid".
24        (5)  The order for withholding shall remain in effect for
25    as long as the order for support upon which it is based.
26        (6)  The  failure of an order for withholding to state an
27    arrearage is not  conclusive  of  the  issue  of  whether  an
28    arrearage is owing.
29        (7)  Notwithstanding  the  provisions of this subsection,
30    if the court finds  at  the  time  of  any  hearing  that  an
31    arrearage  has  accrued  in  an  amount equal to at least one
32    month's support obligation or that the  obligor  is  30  days
33    late  in  paying  all  or  part of the order for support, the
34    court  shall  order  immediate  service  of  the  order   for
                            -130-              LRB9005376SMmb
 1    withholding upon the payor.
 2        (8)  Where  the court has not required that the order for
 3    withholding take effect immediately, the  obligee  or  public
 4    office   may   prepare  and  serve  a  notice  for  immediate
 5    withholding upon the obligor by ordinary  mail  addressed  to
 6    the  obligor  at  his  or her last known address.  The notice
 7    shall state that the following circumstances have occurred:
 8             (a)  The parties'  written  agreement  providing  an
 9        alternative  arrangement  to  immediate withholding under
10        paragraph (1) of this subsection no longer  provides  for
11        timely payment of all support due; or
12             (b)  The  obligor  has  not  made timely payments in
13        that the obligor has been at least 7 days late in  paying
14        all  or  part  of the order for support any of the last 6
15        consecutive dates payments were due prior to the date  of
16        the notice for immediate withholding.
17        The  notice for immediate withholding shall clearly state
18    that a specially certified copy of the order for  withholding
19    will  be  sent  to  the  payor,  unless  the  obligor files a
20    petition contesting  immediate  withholding  within  20  days
21    after  service  of  the  notice; however, the grounds for the
22    petition shall be limited to a dispute concerning whether the
23    circumstances stated in  the  notice  have  occurred  or  the
24    identity  of  the  obligor.   It shall not be grounds for the
25    petition that the obligor has made all payments  due  by  the
26    date of the petition.
27        If  the  obligor  files  a  petition contesting immediate
28    withholding within the  20-day  period  required  under  this
29    paragraph,  the  Clerk  of the Circuit Court shall notify the
30    obligor and the obligee or public office, as appropriate,  of
31    the  time  and  place  of  the hearing on the petition.  Upon
32    hearing the petition, the court shall enter an order granting
33    or denying relief.  It shall not be grounds for granting  the
34    obligor's  petition  that he or she has made all payments due
                            -131-              LRB9005376SMmb
 1    by the date of hearing.  If the court  denies  the  obligor's
 2    petition,  it  shall order immediate service of the order for
 3    withholding, and direct the  clerk  to  provide  a  specially
 4    certified copy of the order for withholding to the obligee or
 5    public  office indicating that the requirements for immediate
 6    withholding under this paragraph have been met.
 7        If the  obligor  does  not  file  a  petition  contesting
 8    immediate  withholding  within the 20-day period, the obligee
 9    or public office shall file with the  Clerk  of  the  Circuit
10    Court  an  affidavit, with a copy of the notice for immediate
11    withholding attached thereto, stating  that  the  notice  was
12    duly  served  and the date on which service was effected, and
13    that  the  obligor  has  not  filed  a  petition   contesting
14    immediate  withholding.   The clerk shall then provide to the
15    obligee or public office a specially certified  copy  of  the
16    order  for  withholding  indicating that the requirements for
17    immediate withholding under this paragraph have been met.
18        Upon receipt of a specially certified copy of  the  order
19    for  withholding,  the obligee or public office may serve the
20    order on the payor,  its  superintendent,  manager  or  other
21    agent,  by  certified  mail or personal delivery.  A proof of
22    service shall be filed with the Clerk of the Circuit Court.
23    (C)  Notice of Delinquency.
24        (1)  Whenever an obligor becomes delinquent in payment of
25    an amount equal to at least one  month's  support  obligation
26    pursuant to the order for support or is at least 30 days late
27    in  complying  with  all  or  part  of the order for support,
28    whichever occurs first, the  obligee  or  public  office  may
29    prepare  and serve a verified notice of delinquency, together
30    with a form petition to stay service, pursuant  to  paragraph
31    (3) of this subsection.
32        (2)  The  notice of delinquency shall recite the terms of
33    the order for support and contain a computation of the period
34    and total amount of the delinquency, as of the  date  of  the
                            -132-              LRB9005376SMmb
 1    notice.   The notice shall clearly state that it will be sent
 2    to the payor, together with a specially certified copy of the
 3    order for withholding, except as provided in subsection  (F),
 4    unless  the  obligor  files  a  petition  to  stay service in
 5    accordance with paragraph (1) of subsection (D).
 6        (3)  The  notice  of  delinquency  shall  be  served   by
 7    ordinary  mail  addressed  to  the obligor at his or her last
 8    known address.
 9        (4)  The obligor may execute  a  written  waiver  of  the
10    provisions  of  paragraphs (1) through (3) of this subsection
11    and request immediate service upon the payor.
12    (D)  Procedures to Avoid Income Withholding.
13        (1)  Except as provided in subsection  (F),  the  obligor
14    may  prevent  an  order  for withholding from being served by
15    filing a petition to stay  service  with  the  Clerk  of  the
16    Circuit  Court, within 20 days after service of the notice of
17    delinquency; however, the grounds for the  petition  to  stay
18    service shall be limited to:
19             (a)  A  dispute  concerning  the  amount  of current
20        support or the existence or amount of the delinquency;
21             (b)  The identity of the obligor.
22        The Clerk of the Circuit Court shall notify  the  obligor
23    and the obligee or public office, as appropriate, of the time
24    and place of the hearing on the petition to stay service. The
25    court  shall  hold such hearing pursuant to the provisions of
26    subsection (H).
27        (2)  Except as provided in subsection (F),  filing  of  a
28    petition  to  stay service, within the 20-day period required
29    under this subsection, shall prohibit the obligee  or  public
30    office from serving the order for withholding on any payor of
31    the obligor.
32    (E)  Initial Service of Order for Withholding.
33        (1)  Except  as  provided  in subsection (F), in order to
                            -133-              LRB9005376SMmb
 1    serve an order for withholding upon a payor,  an  obligee  or
 2    public  office  shall follow the procedures set forth in this
 3    subsection.  After 20 days following service of the notice of
 4    delinquency, the obligee or public office shall file with the
 5    Clerk of the Circuit Court an affidavit, with the copy of the
 6    notice of delinquency attached thereto, stating:
 7             (a)  that the notice of delinquency  has  been  duly
 8        served and the date on which service was effected; and
 9             (b)  that  the  obligor  has not filed a petition to
10        stay service, or in the alternative
11             (c)  that the obligor has waived the  provisions  of
12        subparagraphs  (a)  and  (b)  of  this  paragraph  (1) in
13        accordance with subsection (C)(4).
14        (2)  Upon request of the obligee or  public  office,  the
15    Clerk  of  the  Circuit  Court  shall: (a) make available any
16    record of payment; and (b) determine that the file contains a
17    copy of the affidavit described in paragraph (1).  The  Clerk
18    shall  then  provide  to  the  obligee  or  public  office  a
19    specially certified copy of the order for withholding and the
20    notice  of  delinquency indicating that the preconditions for
21    service have been met.
22        (3)  The obligee or public  office  may  then  serve  the
23    notice of delinquency and order for withholding on the payor,
24    its superintendent, manager or other agent, by certified mail
25    or personal delivery.  A proof of service shall be filed with
26    the Clerk of the Circuit Court.
27    (F)  Subsequent Service of Order for Withholding.
28        (1)  Notwithstanding  the  provisions of this Section, at
29    any time after the court has ordered immediate service of  an
30    order  for  withholding  or after initial service of an order
31    for withholding pursuant to subsection (E),  the  obligee  or
32    public  office  may  serve the order for withholding upon any
33    payor of the obligor without further notice to  the  obligor.
34    The  obligee  or  public  office  shall provide notice to the
                            -134-              LRB9005376SMmb
 1    payor, pursuant to paragraph (6) of subsection  (I),  of  any
 2    payments  that have been made through previous withholding or
 3    any other method.
 4        (2)  The Clerk of the Circuit Court shall, upon  request,
 5    provide the obligee or public office with specially certified
 6    copies  of  the  order  for  withholding  or  the  notice  of
 7    delinquency  or both whenever the Court has ordered immediate
 8    service of an order for withholding or an affidavit has  been
 9    placed  in  the  court file indicating that the preconditions
10    for service have been previously met.  The obligee or  public
11    office may then serve the order for withholding on the payor,
12    its  superintendent, manager or other agent by certified mail
13    or personal delivery.  A proof of service shall be filed with
14    the Clerk of the Circuit Court.
15        (3)  If a delinquency has accrued  for  any  reason,  the
16    obligee  or  public  office may serve a notice of delinquency
17    upon the obligor pursuant to subsection (C).  The obligor may
18    prevent the notice of delinquency from being served upon  the
19    payor  by  utilizing  the  procedures set forth in subsection
20    (D).
21        If no petition to stay service has been filed within  the
22    required 20 day time period, the obligee or public office may
23    serve the notice of delinquency on the payor by utilizing the
24    procedures for service set forth in subsection (E).
25    (G)  Duties of Payor.
26        (1)  It  shall  be  the  duty  of  any payor who has been
27    served with a copy  of  the  specially  certified  order  for
28    withholding  and  any notice of delinquency to deduct and pay
29    over income as provided in this subsection.  The payor  shall
30    deduct the amount designated in the order for withholding, as
31    supplemented  by  the  notice  of  delinquency and any notice
32    provided  pursuant  to  paragraph  (6)  of  subsection   (I),
33    beginning  no  later than the next payment of income which is
34    payable to the obligor that occurs 14 days following the date
                            -135-              LRB9005376SMmb
 1    the order and any notice were mailed  by  certified  mail  or
 2    placed  for  personal  delivery.   The  payor may combine all
 3    amounts withheld for the benefit  of  an  obligee  or  public
 4    office  into a single payment and transmit the payment with a
 5    listing of obligors from whom withholding has been  effected.
 6    The  payor  shall  pay  the amount withheld to the obligee or
 7    public office within 10 calendar days of the date  income  is
 8    paid  to  the  obligor  in  accordance  with  the  order  for
 9    withholding and any subsequent notification received from the
10    public  office  redirecting  payments. If the payor knowingly
11    fails to pay any amount withheld to  the  obligee  or  public
12    office  within 10 calendar days of the date income is paid to
13    the obligor, the payor shall pay a penalty of $100  for  each
14    day  that  the  withheld amount is not paid to the obligee or
15    public office after  the  period  of  10  calendar  days  has
16    expired.   The failure of a payor, on more than one occasion,
17    to pay amounts withheld  to  the  obligee  or  public  office
18    within  10  calendar  days  of the date income is paid to the
19    obligor creates a presumption that the payor knowingly failed
20    to pay the amounts.  This penalty may be collected in a civil
21    action which may be brought against the payor in favor of the
22    obligee.  For purposes of this  Section,  a  withheld  amount
23    shall  be considered paid by a payor on the date it is mailed
24    by the payor, or on the date an electronic funds transfer  of
25    the  amount  has  been initiated by the payor, or on the date
26    delivery of the amount has been initiated by the  payor.  For
27    each deduction, the payor shall provide the obligee or public
28    office,  at the time of transmittal, with the date income was
29    paid from which support was withheld.
30        Upon receipt of an order requiring that a minor child  be
31    named  as  a beneficiary of a health insurance plan available
32    through an employer  or  labor  union  or  trade  union,  the
33    employer  or  labor  union  or  trade union shall immediately
34    enroll the  minor  child  as  a  beneficiary  in  the  health
                            -136-              LRB9005376SMmb
 1    insurance  plan  designated  by the court order. The employer
 2    shall withhold any required premiums and pay over any amounts
 3    so withheld and any additional amounts the employer  pays  to
 4    the  insurance  carrier  in a timely manner.  The employer or
 5    labor union or trade union shall mail to the obligee,  within
 6    15  days of enrollment or upon request, notice of the date of
 7    coverage, information on the dependent coverage plan, and all
 8    forms necessary to obtain reimbursement  for  covered  health
 9    expenses,  such as would be made available to a new employee.
10    When an order for dependent coverage is  in  effect  and  the
11    insurance  coverage  is terminated or changed for any reason,
12    the employer or labor union or trade union shall  notify  the
13    obligee  within  10  days  of  the termination or change date
14    along with notice of conversion privileges.
15        For withholding of income, the payor shall be entitled to
16    receive a fee not to exceed $5 per month or the actual  check
17    processing cost to be taken from the income to be paid to the
18    obligor.
19        (2)  Whenever  the  obligor is no longer receiving income
20    from the payor, the payor shall return a copy  of  the  order
21    for  withholding  to  the  obligee or public office and shall
22    provide  information  for  the  purpose  of  enforcing   this
23    Section.
24        (3)  Withholding  of  income  under this Section shall be
25    made without regard to any prior or subsequent  garnishments,
26    attachments,   wage  assignments,  or  any  other  claims  of
27    creditors.  Withholding of income under  this  Section  shall
28    not  be  in excess of the maximum amounts permitted under the
29    federal Consumer Credit Protection Act. If the payor has been
30    served with more than one order for withholding pertaining to
31    the same obligor, the payor shall allocate  income  available
32    for  withholding  on  a  proportionate  share  basis,  giving
33    priority to current support payments.  If there is any income
34    available  for  withholding after withholding for all current
                            -137-              LRB9005376SMmb
 1    support obligations, the payor shall allocate the  income  to
 2    past  due  support  payments  ordered in non-AFDC matters and
 3    then to past due support payments ordered  in  AFDC  matters,
 4    both  on  a proportionate share basis. Payment as required by
 5    the order for withholding shall be a complete defense by  the
 6    payor  against  any claims of the obligor or his creditors as
 7    to the sum so paid.
 8        (4)  No payor shall discharge, discipline, refuse to hire
 9    or otherwise penalize any obligor  because  of  the  duty  to
10    withhold income.
11    (H)  Petitions  to  Stay  Service  or  to  Modify, Suspend or
12    Terminate Orders for Withholding.
13        (1)  When an obligor files a petition  to  stay  service,
14    the  court,  after  due notice to all parties, shall hear the
15    matter as soon  as  practicable  and  shall  enter  an  order
16    granting   or   denying   relief,   amending  the  notice  of
17    delinquency,  amending  the  order  for  withholding,   where
18    applicable,  or otherwise resolving the matter.  If the court
19    finds  that  a  delinquency  existed  when  the   notice   of
20    delinquency  was  served upon the obligor, in an amount of at
21    least one month's support obligation, or that the obligor was
22    at least 30 days late in paying all or part of the order  for
23    support, the court shall order immediate service of the order
24    for withholding.  Where the court cannot promptly resolve any
25    dispute  over  the  amount  of the delinquency, the court may
26    order immediate service of the order for  withholding  as  to
27    any  undisputed  amounts  specified  in  an amended notice of
28    delinquency, and may continue the  hearing  on  the  disputed
29    amounts.
30        (2)  At  any  time, an obligor, obligee, public office or
31    Clerk of the Circuit Court may petition the court to:
32             (a)  Modify, suspend  or  terminate  the  order  for
33        withholding  because  of  a  modification,  suspension or
34        termination of the underlying order for support; or
                            -138-              LRB9005376SMmb
 1             (b)  Modify the amount of income to be  withheld  to
 2        reflect  payment in full or in part of the delinquency or
 3        arrearage by income withholding or otherwise; or
 4             (c)  Suspend the order for  withholding  because  of
 5        inability  to  deliver income withheld to the obligee due
 6        to the obligee's failure to provide a mailing address  or
 7        other means of delivery.
 8        (3)  The obligor, obligee or public office shall serve on
 9    the  payor, by certified mail or personal delivery, a copy of
10    any order entered pursuant to this  subsection  that  affects
11    the duties of the payor.
12        (4)  At any time, a public office or Clerk of the Circuit
13    Court may serve a notice on the payor to:
14             (a)  cease  withholding  of  income  for  payment of
15        current support for a child when the  support  obligation
16        for  that  child has automatically ceased under the order
17        for support through emancipation or otherwise; or
18             (b)  cease withholding  of  income  for  payment  of
19        delinquency   or   arrearage   when  the  delinquency  or
20        arrearage has been paid in full.
21        (5)  The notice provided for under paragraph (4) of  this
22    subsection shall be served on the payor by ordinary mail, and
23    a  copy  shall be provided to the obligor and the obligee.  A
24    copy of the notice shall be  filed  with  the  Clerk  of  the
25    Circuit Court.
26        (6)  The  order  for  withholding  shall  continue  to be
27    binding upon the payor until service  of  any  order  of  the
28    court   or   notice   entered  or  provided  for  under  this
29    subsection.
30    (I)  Additional Duties.
31        (1)  An  obligee  who  is  receiving  income  withholding
32    payments under this Section shall notify the  payor,  if  the
33    obligee receives the payments directly from the payor, or the
34    public   office  or  the  Clerk  of  the  Circuit  Court,  as
                            -139-              LRB9005376SMmb
 1    appropriate, of any change of address within 7 days  of  such
 2    change.
 3        (2)  An  obligee  who  is a recipient of public aid shall
 4    send a copy of any notice of delinquency  filed  pursuant  to
 5    subsection (C) to the Bureau of Child Support of the Illinois
 6    Department of Revenue Public Aid.
 7        (3)  Each  obligor shall notify the obligee and the Clerk
 8    of the Circuit Court of any change of address within 7 days.
 9        (4)  An obligor whose income is being withheld or who has
10    been served with a notice of  delinquency  pursuant  to  this
11    Section shall notify the obligee and the Clerk of the Circuit
12    Court of any new payor, within 7 days.
13        (5)  When  the  Illinois Department of Revenue Public Aid
14    is no longer authorized to receive payments for the  obligee,
15    it   shall,  within  7  days,  notify  the  payor  or,  where
16    appropriate, the Clerk of  the  Circuit  Court,  to  redirect
17    income withholding payments to the obligee.
18        (6)  The obligee or public office shall provide notice to
19    the payor and Clerk of the Circuit Court of any other support
20    payment  made,  including but not limited to, a set-off under
21    federal and State law or partial payment of  the  delinquency
22    or arrearage, or both.
23        (7)  Any  public  office  and  Clerk of the Circuit Court
24    which collects, disburses or receives  payments  pursuant  to
25    orders for withholding shall maintain complete, accurate, and
26    clear  records  of  all  payments  and  their  disbursements.
27    Certified  copies  of  payment records maintained by a public
28    office or Clerk of the Circuit Court shall,  without  further
29    proof,  be  admitted  into  evidence in any legal proceedings
30    under this Section.
31        (8)  The Illinois Department of Revenue Public Aid  shall
32    design  suggested  legal  forms  for  proceeding  under  this
33    Section and shall make available to the courts such forms and
34    informational  materials  which  describe  the procedures and
                            -140-              LRB9005376SMmb
 1    remedies set forth herein for distribution to all parties  in
 2    support actions.
 3        (9)  At  the  time  of transmitting each support payment,
 4    the clerk of the circuit court shall provide the  obligee  or
 5    public office, as appropriate, with any information furnished
 6    by  the  payor as to the date income was paid from which such
 7    support was withheld.
 8    (J)  Penalties.
 9        (1)  Where a payor wilfully fails to withhold or pay over
10    income pursuant to a  properly  served,  specially  certified
11    order  for  withholding  and  any  notice  of delinquency, or
12    wilfully  discharges,  disciplines,  refuses   to   hire   or
13    otherwise  penalizes  an  obligor as prohibited by subsection
14    (G), or otherwise fails to comply with any duties imposed  by
15    this  Section,  the  obligee,  public  office  or obligor, as
16    appropriate, may file a complaint with the court against  the
17    payor.   The  clerk  of  the  circuit  court shall notify the
18    obligee or public office, as appropriate, and the obligor and
19    payor of the time and place of the hearing on the  complaint.
20    The  court  shall  resolve any factual dispute including, but
21    not limited to, a denial that the payor is paying or has paid
22    income to the obligor.   Upon  a  finding  in  favor  of  the
23    complaining party, the court:
24             (a)  Shall enter judgment and direct the enforcement
25        thereof  for  the  total  amount  that the payor wilfully
26        failed to withhold or pay over; and
27             (b)  May order employment  or  reinstatement  of  or
28        restitution  to  the  obligor, or both, where the obligor
29        has been discharged, disciplined,  denied  employment  or
30        otherwise  penalized  by  the payor and may impose a fine
31        upon the payor not to exceed $200.
32        (2)  Any obligee, public office or obligor  who  wilfully
33    initiates  a  false  proceeding  under  this  Section  or who
34    wilfully fails  to  comply  with  the  requirements  of  this
                            -141-              LRB9005376SMmb
 1    Section shall be punished as in cases of contempt of court.
 2    (K)  Alternative Procedures for Entry and Service of an Order
 3    for Withholding.
 4        (1)  Effective January 1, 1987, in any matter in which an
 5    order  for  withholding  has not been entered for any reason,
 6    based upon the last order for support that has been  entered,
 7    and  in which the obligor has become delinquent in payment of
 8    an amount equal to at least one  month's  support  obligation
 9    pursuant to the last order for support or is at least 30 days
10    late  in complying with all or part of the order for support,
11    the obligee or public office may prepare and serve  an  order
12    for  withholding pursuant to the procedures set forth in this
13    subsection.
14        (2)  The obligee or public office shall:
15             (a)  Prepare a proposed order  for  withholding  for
16        immediate  service  as provided by paragraphs (1) and (3)
17        of  subsection  (B),  except   that   the   minimum   20%
18        delinquency payment shall be used;
19             (b)  Prepare  a notice of delinquency as provided by
20        paragraphs (1) and (2)  of  subsection  (C),  except  the
21        notice shall state further that the order for withholding
22        has  not  been  entered  by  the court and the conditions
23        under which the order will be entered; and
24             (c)  Serve  the  notice  of  delinquency  and   form
25        petition  to stay service as provided by paragraph (3) of
26        subsection (C), together  with  the  proposed  order  for
27        withholding, which shall be marked "COPY ONLY".
28        (3)  After  20  days  following  service of the notice of
29    delinquency and proposed order for withholding,  in  lieu  of
30    the  provisions  of  subsection  (E),  the  obligee or public
31    office shall file with the Clerk  of  the  Circuit  Court  an
32    affidavit,  with  a  copy  of  the  notice of delinquency and
33    proposed order  for  withholding  attached  thereto,  stating
34    that:
                            -142-              LRB9005376SMmb
 1             (a)  The  notice  of  delinquency and proposed order
 2        for withholding have been served upon the obligor and the
 3        date on which service was effected;
 4             (b)  The obligor has not filed a  petition  to  stay
 5        service  within  20  days  of  service of such notice and
 6        order; and
 7             (c)  The proposed order for  withholding  accurately
 8        states  the terms and amounts contained in the last order
 9        for support.
10        (4)  Upon the court's satisfaction  that  the  procedures
11    set  forth  in  this subsection have been met, it shall enter
12    the order for withholding.
13        (5)  The Clerk shall  then  provide  to  the  obligee  or
14    public  office  a  specially  certified copy of the order for
15    withholding and the notice of delinquency indicating that the
16    preconditions for service have been met.
17        (6)  The  obligee  or  public  office  shall  serve   the
18    specially  certified  copies of the order for withholding and
19    the notice of delinquency on the payor,  its  superintendent,
20    manager   or  other  agent  by  certified  mail  or  personal
21    delivery.  A proof of service shall be filed with  the  Clerk
22    of the Circuit Court.
23        (7)  If  the  obligor  requests  in  writing  that income
24    withholding become effective prior to becoming delinquent  in
25    payment  of an amount equal to one month's support obligation
26    pursuant to the last order for support, or prior to  becoming
27    30  days late in paying all or part of the order for support,
28    the obligee or public office shall file an affidavit with the
29    Clerk of  the  circuit  Court,  with  a  proposed  order  for
30    withholding   attached,   stating  that  the  proposed  order
31    accurately states the terms and amounts contained in the last
32    order for support and the  obligor's  request  for  immediate
33    service.    The  provisions  of paragraphs (4) through (6) of
34    this  subsection  shall  apply,  except  that  a  notice   of
                            -143-              LRB9005376SMmb
 1    delinquency shall not be required.
 2        (8)  All  other  provisions  of  this  Section  shall  be
 3    applicable  with respect to the provisions of this subsection
 4    (K), except that under paragraph (1) of subsection  (H),  the
 5    court  may  also  amend the proposed order for withholding to
 6    conform to the last order for support.
 7        (9)  Nothing in this subsection  shall  be  construed  as
 8    limiting  the requirements of paragraph (1) of subsection (B)
 9    with respect to the entry of a separate order for withholding
10    upon entry of any order for support.
11    (L)  Remedies in Addition to Other Laws.
12        (1)  The rights, remedies, duties and  penalties  created
13    by  this  Section  are in addition to and not in substitution
14    for any other rights, remedies, duties and penalties  created
15    by any other law.
16        (2)  Nothing  in  this  Section  shall  be  construed  as
17    invalidating  any  assignment  of  wages or benefits executed
18    prior to January 1, 1984.
19    (Source: P.A. 87-529; 87-935; 87-988; 87-1105; 88-26;  88-45;
20    88-94; 88-131; 88-307; 88-670, eff. 12-2-94.)
21        (Text of Section after amendment by P.A. 89-507)
22        Sec.  4.1.  Withholding  of  Income  to Secure Payment of
23    Support.
24    (A)  Definitions.
25        (1)  "Order for support" means any  order  of  the  court
26    which  provides for periodic payment of funds for the support
27    of a child or maintenance of a spouse, whether  temporary  or
28    final, and includes any such order which provides for:
29             (a)  Modification  or  resumption  of, or payment of
30        arrearage accrued under, a previously existing order;
31             (b)  Reimbursement of support; or
32             (c)  Enrollment in a health insurance plan  that  is
33        available  to  the  obligor  through an employer or labor
                            -144-              LRB9005376SMmb
 1        union or trade union.
 2        (2)  "Arrearage" means the total amount of unpaid support
 3    obligations.
 4        (3)  "Delinquency" means any payment under an  order  for
 5    support  which  becomes due and remains unpaid after an order
 6    for withholding has been entered under subsection (B) or, for
 7    purposes of subsection (K), after the last order for  support
 8    was entered for which no order for withholding was entered.
 9        (4)  "Income"  means  any  form of periodic payment to an
10    individual, regardless of source, including, but not  limited
11    to: wages, salary, commission, compensation as an independent
12    contractor,  workers'  compensation,  disability, annuity and
13    retirement  benefits,   lottery   prize   awards,   insurance
14    proceeds,  vacation pay, bonuses, profit-sharing payments and
15    any other payments,  made  by  any  person,  private  entity,
16    federal  or  state  government, any unit of local government,
17    school district or any entity created by Public Act; however,
18    "income" excludes:
19             (a)  Any amounts required by  law  to  be  withheld,
20        other  than  creditor  claims, including, but not limited
21        to, federal, State and local taxes, Social  Security  and
22        other retirement and disability contributions;
23             (b)  Union dues;
24             (c)  Any  amounts  exempted  by the federal Consumer
25        Credit Protection Act;
26             (d)  Public assistance payments; and
27             (e)  Unemployment  insurance  benefits   except   as
28        provided by law.
29        Any  other  State  or  local  laws  which limit or exempt
30    income or the amount or percentage  of  income  that  can  be
31    withheld shall not apply.
32        (5)  "Obligor"  means  the  individual who owes a duty to
33    make payments under an order for support.
34        (6)  "Obligee" means the individual to  whom  a  duty  of
                            -145-              LRB9005376SMmb
 1    support is owed or the individual's legal representative.
 2        (7)  "Payor" means any payor of income to an obligor.
 3        (8)  "Public  office"  means  any elected official or any
 4    State or local agency which is or may become  responsible  by
 5    law  for enforcement of, or which is or may become authorized
 6    to enforce, an order for support, including, but not  limited
 7    to:  the Attorney General, the Illinois Department of Revenue
 8    Public Aid, the Illinois Department of  Human  Services,  the
 9    Illinois  Department of Children and Family Services, and the
10    various State's Attorneys, Clerks of the  Circuit  Court  and
11    supervisors of general assistance.
12        (9)  "Premium"  means  the  dollar  amount  for which the
13    obligor is liable to his employer or  labor  union  or  trade
14    union and which must be paid to enroll or maintain a child in
15    a  health  insurance  plan  that  is available to the obligor
16    through an employer or labor union or trade union.
17    (B)  Entry of an Order for Withholding.
18        (1)  Upon entry of any order  for  support  on  or  after
19    January  1,  1984, the court shall enter a separate order for
20    withholding which shall not take effect  unless  the  obligor
21    becomes  delinquent  in  paying  the order for support or the
22    obligor requests an earlier effective date; except  that  the
23    court  may  require  the order for withholding to take effect
24    immediately.
25        On or after January 1, 1989, the court shall require  the
26    order  for  withholding  to take effect immediately, unless a
27    written agreement is  reached  between  and  signed  by  both
28    parties  providing  for  an alternative arrangement, approved
29    and entered into the  record  by  the  court,  which  insures
30    payment  of support.  In that case, the court shall enter the
31    order for withholding which will not take effect  unless  the
32    obligor becomes delinquent in paying the order for support.
33        Upon  entry of any order of support on or after September
34    11, 1989, if the obligor is not a United States citizen,  the
                            -146-              LRB9005376SMmb
 1    obligor  shall  provide  to  the  court  the  obligor's alien
 2    registration number,  passport  number,  and  home  country's
 3    social security or national health number, if applicable; the
 4    court  shall  make  the information part of the record in the
 5    case.
 6        (2)  An order  for  withholding  shall  be  entered  upon
 7    petition  by  the obligee or public office where an order for
 8    withholding has not been previously entered.
 9        (3)  The order for withholding shall:
10             (a)  Direct any payor to withhold  a  dollar  amount
11        equal to the order for support; and
12             (b)  Direct  any  payor  to  withhold  an additional
13        dollar amount,  not  less  than  20%  of  the  order  for
14        support,  until payment in full of any delinquency stated
15        in the notice of delinquency provided for  in  subsection
16        (C) or (F) of this Section; and
17             (c)  Direct  any payor or labor union or trade union
18        to enroll a child as a beneficiary of a health  insurance
19        plan and withhold or cause to be withheld, if applicable,
20        any required premiums; and
21             (d)  State  the  rights,  remedies and duties of the
22        obligor under this Section; and
23             (e)  Include the obligor's Social  Security  Number,
24        which the obligor shall disclose to the court; and
25             (f)  Include  the  date that withholding for current
26        support  terminates,  which  shall   be   the   date   of
27        termination  of  the current support obligation set forth
28        in the order for support.
29        (4)  At the time the order for  withholding  is  entered,
30    the  Clerk  of  the Circuit Court shall provide a copy of the
31    order for withholding  and  the  order  for  support  to  the
32    obligor  and  shall  make copies available to the obligee and
33    public  office.   Any  copy  of  the  order  for  withholding
34    furnished to the  parties  under  this  subsection  shall  be
                            -147-              LRB9005376SMmb
 1    stamped "Not Valid".
 2        (5)  The order for withholding shall remain in effect for
 3    as long as the order for support upon which it is based.
 4        (6)  The  failure of an order for withholding to state an
 5    arrearage is not  conclusive  of  the  issue  of  whether  an
 6    arrearage is owing.
 7        (7)  Notwithstanding  the  provisions of this subsection,
 8    if the court finds  at  the  time  of  any  hearing  that  an
 9    arrearage  has  accrued  in  an  amount equal to at least one
10    month's support obligation or that the  obligor  is  30  days
11    late  in  paying  all  or  part of the order for support, the
12    court  shall  order  immediate  service  of  the  order   for
13    withholding upon the payor.
14        (8)  Where  the court has not required that the order for
15    withholding take effect immediately, the  obligee  or  public
16    office   may   prepare  and  serve  a  notice  for  immediate
17    withholding upon the obligor by ordinary  mail  addressed  to
18    the  obligor  at  his  or her last known address.  The notice
19    shall state that the following circumstances have occurred:
20             (a)  The parties'  written  agreement  providing  an
21        alternative  arrangement  to  immediate withholding under
22        paragraph (1) of this subsection no longer  provides  for
23        timely payment of all support due; or
24             (b)  The  obligor  has  not  made timely payments in
25        that the obligor has been at least 7 days late in  paying
26        all  or  part  of the order for support any of the last 6
27        consecutive dates payments were due prior to the date  of
28        the notice for immediate withholding.
29        The  notice for immediate withholding shall clearly state
30    that a specially certified copy of the order for  withholding
31    will  be  sent  to  the  payor,  unless  the  obligor files a
32    petition contesting  immediate  withholding  within  20  days
33    after  service  of  the  notice; however, the grounds for the
34    petition shall be limited to a dispute concerning whether the
                            -148-              LRB9005376SMmb
 1    circumstances stated in  the  notice  have  occurred  or  the
 2    identity  of  the  obligor.   It shall not be grounds for the
 3    petition that the obligor has made all payments  due  by  the
 4    date of the petition.
 5        If  the  obligor  files  a  petition contesting immediate
 6    withholding within the  20-day  period  required  under  this
 7    paragraph,  the  Clerk  of the Circuit Court shall notify the
 8    obligor and the obligee or public office, as appropriate,  of
 9    the  time  and  place  of  the hearing on the petition.  Upon
10    hearing the petition, the court shall enter an order granting
11    or denying relief.  It shall not be grounds for granting  the
12    obligor's  petition  that he or she has made all payments due
13    by the date of hearing.  If the court  denies  the  obligor's
14    petition,  it  shall order immediate service of the order for
15    withholding, and direct the  clerk  to  provide  a  specially
16    certified copy of the order for withholding to the obligee or
17    public  office indicating that the requirements for immediate
18    withholding under this paragraph have been met.
19        If the  obligor  does  not  file  a  petition  contesting
20    immediate  withholding  within the 20-day period, the obligee
21    or public office shall file with the  Clerk  of  the  Circuit
22    Court  an  affidavit, with a copy of the notice for immediate
23    withholding attached thereto, stating  that  the  notice  was
24    duly  served  and the date on which service was effected, and
25    that  the  obligor  has  not  filed  a  petition   contesting
26    immediate  withholding.   The clerk shall then provide to the
27    obligee or public office a specially certified  copy  of  the
28    order  for  withholding  indicating that the requirements for
29    immediate withholding under this paragraph have been met.
30        Upon receipt of a specially certified copy of  the  order
31    for  withholding,  the obligee or public office may serve the
32    order on the payor,  its  superintendent,  manager  or  other
33    agent,  by  certified  mail or personal delivery.  A proof of
34    service shall be filed with the Clerk of the Circuit Court.
                            -149-              LRB9005376SMmb
 1    (C)  Notice of Delinquency.
 2        (1)  Whenever an obligor becomes delinquent in payment of
 3    an amount equal to at least one  month's  support  obligation
 4    pursuant to the order for support or is at least 30 days late
 5    in  complying  with  all  or  part  of the order for support,
 6    whichever occurs first, the  obligee  or  public  office  may
 7    prepare  and serve a verified notice of delinquency, together
 8    with a form petition to stay service, pursuant  to  paragraph
 9    (3) of this subsection.
10        (2)  The  notice of delinquency shall recite the terms of
11    the order for support and contain a computation of the period
12    and total amount of the delinquency, as of the  date  of  the
13    notice.   The notice shall clearly state that it will be sent
14    to the payor, together with a specially certified copy of the
15    order for withholding, except as provided in subsection  (F),
16    unless  the  obligor  files  a  petition  to  stay service in
17    accordance with paragraph (1) of subsection (D).
18        (3)  The  notice  of  delinquency  shall  be  served   by
19    ordinary  mail  addressed  to  the obligor at his or her last
20    known address.
21        (4)  The obligor may execute  a  written  waiver  of  the
22    provisions  of  paragraphs (1) through (3) of this subsection
23    and request immediate service upon the payor.
24    (D)  Procedures to Avoid Income Withholding.
25        (1)  Except as provided in subsection  (F),  the  obligor
26    may  prevent  an  order  for withholding from being served by
27    filing a petition to stay  service  with  the  Clerk  of  the
28    Circuit  Court, within 20 days after service of the notice of
29    delinquency; however, the grounds for the  petition  to  stay
30    service shall be limited to:
31             (a)  A  dispute  concerning  the  amount  of current
32        support or the existence or amount of the delinquency;
33             (b)  The identity of the obligor.
34        The Clerk of the Circuit Court shall notify  the  obligor
                            -150-              LRB9005376SMmb
 1    and the obligee or public office, as appropriate, of the time
 2    and place of the hearing on the petition to stay service. The
 3    court  shall  hold such hearing pursuant to the provisions of
 4    subsection (H).
 5        (2)  Except as provided in subsection (F),  filing  of  a
 6    petition  to  stay service, within the 20-day period required
 7    under this subsection, shall prohibit the obligee  or  public
 8    office from serving the order for withholding on any payor of
 9    the obligor.
10    (E)  Initial Service of Order for Withholding.
11        (1)  Except  as  provided  in subsection (F), in order to
12    serve an order for withholding upon a payor,  an  obligee  or
13    public  office  shall follow the procedures set forth in this
14    subsection.  After 20 days following service of the notice of
15    delinquency, the obligee or public office shall file with the
16    Clerk of the Circuit Court an affidavit, with the copy of the
17    notice of delinquency attached thereto, stating:
18             (a)  that the notice of delinquency  has  been  duly
19        served and the date on which service was effected; and
20             (b)  that  the  obligor  has not filed a petition to
21        stay service, or in the alternative
22             (c)  that the obligor has waived the  provisions  of
23        subparagraphs  (a)  and  (b)  of  this  paragraph  (1) in
24        accordance with subsection (C)(4).
25        (2)  Upon request of the obligee or  public  office,  the
26    Clerk  of  the  Circuit  Court  shall: (a) make available any
27    record of payment; and (b) determine that the file contains a
28    copy of the affidavit described in paragraph (1).  The  Clerk
29    shall  then  provide  to  the  obligee  or  public  office  a
30    specially certified copy of the order for withholding and the
31    notice  of  delinquency indicating that the preconditions for
32    service have been met.
33        (3)  The obligee or public  office  may  then  serve  the
34    notice of delinquency and order for withholding on the payor,
                            -151-              LRB9005376SMmb
 1    its superintendent, manager or other agent, by certified mail
 2    or personal delivery.  A proof of service shall be filed with
 3    the Clerk of the Circuit Court.
 4    (F)  Subsequent Service of Order for Withholding.
 5        (1)  Notwithstanding  the  provisions of this Section, at
 6    any time after the court has ordered immediate service of  an
 7    order  for  withholding  or after initial service of an order
 8    for withholding pursuant to subsection (E),  the  obligee  or
 9    public  office  may  serve the order for withholding upon any
10    payor of the obligor without further notice to  the  obligor.
11    The  obligee  or  public  office  shall provide notice to the
12    payor, pursuant to paragraph (6) of subsection  (I),  of  any
13    payments  that have been made through previous withholding or
14    any other method.
15        (2)  The Clerk of the Circuit Court shall, upon  request,
16    provide the obligee or public office with specially certified
17    copies  of  the  order  for  withholding  or  the  notice  of
18    delinquency  or both whenever the Court has ordered immediate
19    service of an order for withholding or an affidavit has  been
20    placed  in  the  court file indicating that the preconditions
21    for service have been previously met.  The obligee or  public
22    office may then serve the order for withholding on the payor,
23    its  superintendent, manager or other agent by certified mail
24    or personal delivery.  A proof of service shall be filed with
25    the Clerk of the Circuit Court.
26        (3)  If a delinquency has accrued  for  any  reason,  the
27    obligee  or  public  office may serve a notice of delinquency
28    upon the obligor pursuant to subsection (C).  The obligor may
29    prevent the notice of delinquency from being served upon  the
30    payor  by  utilizing  the  procedures set forth in subsection
31    (D).
32        If no petition to stay service has been filed within  the
33    required 20 day time period, the obligee or public office may
34    serve the notice of delinquency on the payor by utilizing the
                            -152-              LRB9005376SMmb
 1    procedures for service set forth in subsection (E).
 2    (G)  Duties of Payor.
 3        (1)  It  shall  be  the  duty  of  any payor who has been
 4    served with a copy  of  the  specially  certified  order  for
 5    withholding  and  any notice of delinquency to deduct and pay
 6    over income as provided in this subsection.  The payor  shall
 7    deduct the amount designated in the order for withholding, as
 8    supplemented  by  the  notice  of  delinquency and any notice
 9    provided  pursuant  to  paragraph  (6)  of  subsection   (I),
10    beginning  no  later than the next payment of income which is
11    payable to the obligor that occurs 14 days following the date
12    the order and any notice were mailed  by  certified  mail  or
13    placed  for  personal  delivery.   The  payor may combine all
14    amounts withheld for the benefit  of  an  obligee  or  public
15    office  into a single payment and transmit the payment with a
16    listing of obligors from whom withholding has been  effected.
17    The  payor  shall  pay  the amount withheld to the obligee or
18    public office within 10 calendar days of the date  income  is
19    paid  to  the  obligor  in  accordance  with  the  order  for
20    withholding and any subsequent notification received from the
21    public  office  redirecting  payments. If the payor knowingly
22    fails to pay any amount withheld to  the  obligee  or  public
23    office  within 10 calendar days of the date income is paid to
24    the obligor, the payor shall pay a penalty of $100  for  each
25    day  that  the  withheld amount is not paid to the obligee or
26    public office after  the  period  of  10  calendar  days  has
27    expired.   The failure of a payor, on more than one occasion,
28    to pay amounts withheld  to  the  obligee  or  public  office
29    within  10  calendar  days  of the date income is paid to the
30    obligor creates a presumption that the payor knowingly failed
31    to pay the amounts.  This penalty may be collected in a civil
32    action which may be brought against the payor in favor of the
33    obligee.  For purposes of this  Section,  a  withheld  amount
34    shall  be considered paid by a payor on the date it is mailed
                            -153-              LRB9005376SMmb
 1    by the payor, or on the date an electronic funds transfer  of
 2    the  amount  has  been initiated by the payor, or on the date
 3    delivery of the amount has been initiated by the  payor.  For
 4    each deduction, the payor shall provide the obligee or public
 5    office,  at the time of transmittal, with the date income was
 6    paid from which support was withheld.
 7        Upon receipt of an order requiring that a minor child  be
 8    named  as  a beneficiary of a health insurance plan available
 9    through an employer  or  labor  union  or  trade  union,  the
10    employer  or  labor  union  or  trade union shall immediately
11    enroll the  minor  child  as  a  beneficiary  in  the  health
12    insurance  plan  designated  by the court order. The employer
13    shall withhold any required premiums and pay over any amounts
14    so withheld and any additional amounts the employer  pays  to
15    the  insurance  carrier  in a timely manner.  The employer or
16    labor union or trade union shall mail to the obligee,  within
17    15  days of enrollment or upon request, notice of the date of
18    coverage, information on the dependent coverage plan, and all
19    forms necessary to obtain reimbursement  for  covered  health
20    expenses,  such as would be made available to a new employee.
21    When an order for dependent coverage is  in  effect  and  the
22    insurance  coverage  is terminated or changed for any reason,
23    the employer or labor union or trade union shall  notify  the
24    obligee  within  10  days  of  the termination or change date
25    along with notice of conversion privileges.
26        For withholding of income, the payor shall be entitled to
27    receive a fee not to exceed $5 per month or the actual  check
28    processing cost to be taken from the income to be paid to the
29    obligor.
30        (2)  Whenever  the  obligor is no longer receiving income
31    from the payor, the payor shall return a copy  of  the  order
32    for  withholding  to  the  obligee or public office and shall
33    provide  information  for  the  purpose  of  enforcing   this
34    Section.
                            -154-              LRB9005376SMmb
 1        (3)  Withholding  of  income  under this Section shall be
 2    made without regard to any prior or subsequent  garnishments,
 3    attachments,   wage  assignments,  or  any  other  claims  of
 4    creditors.  Withholding of income under  this  Section  shall
 5    not  be  in excess of the maximum amounts permitted under the
 6    federal Consumer Credit Protection Act. If the payor has been
 7    served with more than one order for withholding pertaining to
 8    the same obligor, the payor shall allocate  income  available
 9    for  withholding  on  a  proportionate  share  basis,  giving
10    priority to current support payments.  If there is any income
11    available  for  withholding after withholding for all current
12    support obligations, the payor shall allocate the  income  to
13    past  due  support  payments  ordered in non-AFDC matters and
14    then to past due support payments ordered  in  AFDC  matters,
15    both  on  a proportionate share basis. Payment as required by
16    the order for withholding shall be a complete defense by  the
17    payor  against  any claims of the obligor or his creditors as
18    to the sum so paid.
19        (4)  No payor shall discharge, discipline, refuse to hire
20    or otherwise penalize any obligor  because  of  the  duty  to
21    withhold income.
22    (H)  Petitions  to  Stay  Service  or  to  Modify, Suspend or
23    Terminate Orders for Withholding.
24        (1)  When an obligor files a petition  to  stay  service,
25    the  court,  after  due notice to all parties, shall hear the
26    matter as soon  as  practicable  and  shall  enter  an  order
27    granting   or   denying   relief,   amending  the  notice  of
28    delinquency,  amending  the  order  for  withholding,   where
29    applicable,  or otherwise resolving the matter.  If the court
30    finds  that  a  delinquency  existed  when  the   notice   of
31    delinquency  was  served upon the obligor, in an amount of at
32    least one month's support obligation, or that the obligor was
33    at least 30 days late in paying all or part of the order  for
34    support, the court shall order immediate service of the order
                            -155-              LRB9005376SMmb
 1    for withholding.  Where the court cannot promptly resolve any
 2    dispute  over  the  amount  of the delinquency, the court may
 3    order immediate service of the order for  withholding  as  to
 4    any  undisputed  amounts  specified  in  an amended notice of
 5    delinquency, and may continue the  hearing  on  the  disputed
 6    amounts.
 7        (2)  At  any  time, an obligor, obligee, public office or
 8    Clerk of the Circuit Court may petition the court to:
 9             (a)  Modify, suspend  or  terminate  the  order  for
10        withholding  because  of  a  modification,  suspension or
11        termination of the underlying order for support; or
12             (b)  Modify the amount of income to be  withheld  to
13        reflect  payment in full or in part of the delinquency or
14        arrearage by income withholding or otherwise; or
15             (c)  Suspend the order for  withholding  because  of
16        inability  to  deliver income withheld to the obligee due
17        to the obligee's failure to provide a mailing address  or
18        other means of delivery.
19        (3)  The obligor, obligee or public office shall serve on
20    the  payor, by certified mail or personal delivery, a copy of
21    any order entered pursuant to this  subsection  that  affects
22    the duties of the payor.
23        (4)  At any time, a public office or Clerk of the Circuit
24    Court may serve a notice on the payor to:
25             (a)  cease  withholding  of  income  for  payment of
26        current support for a child when the  support  obligation
27        for  that  child has automatically ceased under the order
28        for support through emancipation or otherwise; or
29             (b)  cease withholding  of  income  for  payment  of
30        delinquency   or   arrearage   when  the  delinquency  or
31        arrearage has been paid in full.
32        (5)  The notice provided for under paragraph (4) of  this
33    subsection shall be served on the payor by ordinary mail, and
34    a  copy  shall be provided to the obligor and the obligee.  A
                            -156-              LRB9005376SMmb
 1    copy of the notice shall be  filed  with  the  Clerk  of  the
 2    Circuit Court.
 3        (6)  The  order  for  withholding  shall  continue  to be
 4    binding upon the payor until service  of  any  order  of  the
 5    court   or   notice   entered  or  provided  for  under  this
 6    subsection.
 7    (I)  Additional Duties.
 8        (1)  An  obligee  who  is  receiving  income  withholding
 9    payments under this Section shall notify the  payor,  if  the
10    obligee receives the payments directly from the payor, or the
11    public   office  or  the  Clerk  of  the  Circuit  Court,  as
12    appropriate, of any change of address within 7 days  of  such
13    change.
14        (2)  An  obligee  who  is a recipient of public aid shall
15    send a copy of any notice of delinquency  filed  pursuant  to
16    subsection (C) to the Bureau of Child Support of the Illinois
17    Department of Revenue Public Aid.
18        (3)  Each  obligor shall notify the obligee and the Clerk
19    of the Circuit Court of any change of address within 7 days.
20        (4)  An obligor whose income is being withheld or who has
21    been served with a notice of  delinquency  pursuant  to  this
22    Section shall notify the obligee and the Clerk of the Circuit
23    Court of any new payor, within 7 days.
24        (5)  When  the  Illinois Department of Revenue Public Aid
25    is no longer authorized to receive payments for the  obligee,
26    it   shall,  within  7  days,  notify  the  payor  or,  where
27    appropriate, the Clerk of  the  Circuit  Court,  to  redirect
28    income withholding payments to the obligee.
29        (6)  The obligee or public office shall provide notice to
30    the payor and Clerk of the Circuit Court of any other support
31    payment  made,  including but not limited to, a set-off under
32    federal and State law or partial payment of  the  delinquency
33    or arrearage, or both.
34        (7)  Any  public  office  and  Clerk of the Circuit Court
                            -157-              LRB9005376SMmb
 1    which collects, disburses or receives  payments  pursuant  to
 2    orders for withholding shall maintain complete, accurate, and
 3    clear  records  of  all  payments  and  their  disbursements.
 4    Certified  copies  of  payment records maintained by a public
 5    office or Clerk of the Circuit Court shall,  without  further
 6    proof,  be  admitted  into  evidence in any legal proceedings
 7    under this Section.
 8        (8)  The Illinois Department of Revenue Public Aid  shall
 9    design  suggested  legal  forms  for  proceeding  under  this
10    Section and shall make available to the courts such forms and
11    informational  materials  which  describe  the procedures and
12    remedies set forth herein for distribution to all parties  in
13    support actions.
14        (9)  At  the  time  of transmitting each support payment,
15    the clerk of the circuit court shall provide the  obligee  or
16    public office, as appropriate, with any information furnished
17    by  the  payor as to the date income was paid from which such
18    support was withheld.
19    (J)  Penalties.
20        (1)  Where a payor wilfully fails to withhold or pay over
21    income pursuant to a  properly  served,  specially  certified
22    order  for  withholding  and  any  notice  of delinquency, or
23    wilfully  discharges,  disciplines,  refuses   to   hire   or
24    otherwise  penalizes  an  obligor as prohibited by subsection
25    (G), or otherwise fails to comply with any duties imposed  by
26    this  Section,  the  obligee,  public  office  or obligor, as
27    appropriate, may file a complaint with the court against  the
28    payor.   The  clerk  of  the  circuit  court shall notify the
29    obligee or public office, as appropriate, and the obligor and
30    payor of the time and place of the hearing on the  complaint.
31    The  court  shall  resolve any factual dispute including, but
32    not limited to, a denial that the payor is paying or has paid
33    income to the obligor.   Upon  a  finding  in  favor  of  the
34    complaining party, the court:
                            -158-              LRB9005376SMmb
 1             (a)  Shall enter judgment and direct the enforcement
 2        thereof  for  the  total  amount  that the payor wilfully
 3        failed to withhold or pay over; and
 4             (b)  May order employment  or  reinstatement  of  or
 5        restitution  to  the  obligor, or both, where the obligor
 6        has been discharged, disciplined,  denied  employment  or
 7        otherwise  penalized  by  the payor and may impose a fine
 8        upon the payor not to exceed $200.
 9        (2)  Any obligee, public office or obligor  who  wilfully
10    initiates  a  false  proceeding  under  this  Section  or who
11    wilfully fails  to  comply  with  the  requirements  of  this
12    Section shall be punished as in cases of contempt of court.
13    (K)  Alternative Procedures for Entry and Service of an Order
14    for Withholding.
15        (1)  Effective January 1, 1987, in any matter in which an
16    order  for  withholding  has not been entered for any reason,
17    based upon the last order for support that has been  entered,
18    and  in which the obligor has become delinquent in payment of
19    an amount equal to at least one  month's  support  obligation
20    pursuant to the last order for support or is at least 30 days
21    late  in complying with all or part of the order for support,
22    the obligee or public office may prepare and serve  an  order
23    for  withholding pursuant to the procedures set forth in this
24    subsection.
25        (2)  The obligee or public office shall:
26             (a)  Prepare a proposed order  for  withholding  for
27        immediate  service  as provided by paragraphs (1) and (3)
28        of  subsection  (B),  except   that   the   minimum   20%
29        delinquency payment shall be used;
30             (b)  Prepare  a notice of delinquency as provided by
31        paragraphs (1) and (2)  of  subsection  (C),  except  the
32        notice shall state further that the order for withholding
33        has  not  been  entered  by  the court and the conditions
34        under which the order will be entered; and
                            -159-              LRB9005376SMmb
 1             (c)  Serve  the  notice  of  delinquency  and   form
 2        petition  to stay service as provided by paragraph (3) of
 3        subsection (C), together  with  the  proposed  order  for
 4        withholding, which shall be marked "COPY ONLY".
 5        (3)  After  20  days  following  service of the notice of
 6    delinquency and proposed order for withholding,  in  lieu  of
 7    the  provisions  of  subsection  (E),  the  obligee or public
 8    office shall file with the Clerk  of  the  Circuit  Court  an
 9    affidavit,  with  a  copy  of  the  notice of delinquency and
10    proposed order  for  withholding  attached  thereto,  stating
11    that:
12             (a)  The  notice  of  delinquency and proposed order
13        for withholding have been served upon the obligor and the
14        date on which service was effected;
15             (b)  The obligor has not filed a  petition  to  stay
16        service  within  20  days  of  service of such notice and
17        order; and
18             (c)  The proposed order for  withholding  accurately
19        states  the terms and amounts contained in the last order
20        for support.
21        (4)  Upon the court's satisfaction  that  the  procedures
22    set  forth  in  this subsection have been met, it shall enter
23    the order for withholding.
24        (5)  The Clerk shall  then  provide  to  the  obligee  or
25    public  office  a  specially  certified copy of the order for
26    withholding and the notice of delinquency indicating that the
27    preconditions for service have been met.
28        (6)  The  obligee  or  public  office  shall  serve   the
29    specially  certified  copies of the order for withholding and
30    the notice of delinquency on the payor,  its  superintendent,
31    manager   or  other  agent  by  certified  mail  or  personal
32    delivery.  A proof of service shall be filed with  the  Clerk
33    of the Circuit Court.
34        (7)  If  the  obligor  requests  in  writing  that income
                            -160-              LRB9005376SMmb
 1    withholding become effective prior to becoming delinquent  in
 2    payment  of an amount equal to one month's support obligation
 3    pursuant to the last order for support, or prior to  becoming
 4    30  days late in paying all or part of the order for support,
 5    the obligee or public office shall file an affidavit with the
 6    Clerk of  the  circuit  Court,  with  a  proposed  order  for
 7    withholding   attached,   stating  that  the  proposed  order
 8    accurately states the terms and amounts contained in the last
 9    order for support and the  obligor's  request  for  immediate
10    service.    The  provisions  of paragraphs (4) through (6) of
11    this  subsection  shall  apply,  except  that  a  notice   of
12    delinquency shall not be required.
13        (8)  All  other  provisions  of  this  Section  shall  be
14    applicable  with respect to the provisions of this subsection
15    (K), except that under paragraph (1) of subsection  (H),  the
16    court  may  also  amend the proposed order for withholding to
17    conform to the last order for support.
18        (9)  Nothing in this subsection  shall  be  construed  as
19    limiting  the requirements of paragraph (1) of subsection (B)
20    with respect to the entry of a separate order for withholding
21    upon entry of any order for support.
22    (L)  Remedies in Addition to Other Laws.
23        (1)  The rights, remedies, duties and  penalties  created
24    by  this  Section  are in addition to and not in substitution
25    for any other rights, remedies, duties and penalties  created
26    by any other law.
27        (2)  Nothing  in  this  Section  shall  be  construed  as
28    invalidating  any  assignment  of  wages or benefits executed
29    prior to January 1, 1984.
30    (Source: P.A. 88-26; 88-45; 88-94;  88-131;  88-307;  88-670,
31    eff. 12-2-94; 89-507, eff. 7-1-97.)
32        (750 ILCS 15/11) (from Ch. 40, par. 1114)
33        Sec.  11.   In  all  cases  instituted  by  the  Illinois
                            -161-              LRB9005376SMmb
 1    Department  of  Revenue  Public  Aid  on behalf of a child or
 2    spouse, other than one receiving a  grant  of  financial  aid
 3    under  Article  IV  of The Illinois Public Aid Code, on whose
 4    behalf an application has been made and approved for  support
 5    services  as provided by Section 10-1 of that Code, the court
 6    shall impose a collection fee on the individual  who  owes  a
 7    child  or spouse support obligation in an amount equal to 10%
 8    of the amount so owed as long as such collection is  required
 9    by federal law, which fee shall be in addition to the support
10    obligation.     The  imposition  of  such  fee  shall  be  in
11    accordance with provisions of Title IV, Part D, of the Social
12    Security Act and  regulations  duly  promulgated  thereunder.
13    The  fee  shall  be payable to the clerk of the circuit court
14    for transmittal to the Illinois Department of Revenue  Public
15    Aid  and shall continue until support services are terminated
16    by that Department.
17    (Source: P.A. 82-979.)
18        Section 35. The Revised Uniform Reciprocal Enforcement of
19    Support Act is amended by changing Sections 15a, 26.1, and 29
20    as follows:
21        (750 ILCS 20/15a) (from Ch. 40, par. 1215a)
22        Sec. 15a.  Public  Aid  Collection  Fee.   In  all  cases
23    instituted  by  the Illinois Department of Revenue Public Aid
24    on behalf of a child or spouse, other than  one  receiving  a
25    grant  of  financial  aid  under  Article  IV of The Illinois
26    Public Aid Code, on whose behalf an application has been made
27    and approved for support services as provided by Section 10-1
28    of that Code, the court shall impose a collection fee on  the
29    individual  who  owes a child or spouse support obligation in
30    an amount equal to 10% of the amount so owed as long as  such
31    collection  is required by federal law, which fee shall be in
32    addition to the support obligation. The  imposition  of  such
                            -162-              LRB9005376SMmb
 1    fee  shall be in accordance with provisions of Title IV, Part
 2    D,  of  the  Social  Security  Act   and   regulations   duly
 3    promulgated  thereunder.   The  fee  shall  be payable to the
 4    clerk of the circuit court for transmittal  to  the  Illinois
 5    Department  of  Revenue  Public  Aid and shall continue until
 6    support services are terminated by that Department.
 7    (Source: P.A. 82-979.)
 8        (750 ILCS 20/26.1) (from Ch. 40, par. 1226.1)
 9        (Text of Section before amendment by P.A. 89-507)
10        Sec. 26.1.  Withholding of Income to  Secure  Payment  of
11    Support.
12    (A)  Definitions.
13        (1)  "Order  for  support"  means  any order of the court
14    which provides for periodic payment of funds for the  support
15    of  a  child or maintenance of a spouse, whether temporary or
16    final, and includes any such order which provides for:
17             (a)  modification or resumption of,  or  payment  of
18        arrearage accrued under, a previously existing order;
19             (b)  reimbursement of support; or
20             (c)  enrollment  in  a health insurance plan that is
21        available to the obligor through  an  employer  or  labor
22        union or trade union.
23        (2)  "Arrearage" means the total amount of unpaid support
24    obligations.
25        (3)  "Delinquency"  means  any payment under an order for
26    support which becomes due and remains unpaid after  an  order
27    for withholding has been entered under subsection (B) or, for
28    purposes  of subsection (K), after the last order for support
29    was entered for which no order for withholding was entered.
30        (4)  "Income" means any form of periodic  payment  to  an
31    individual,  regardless of source, including, but not limited
32    to: wages, salary, commission, compensation as an independent
33    contractor, workers' compensation,  disability,  annuity  and
                            -163-              LRB9005376SMmb
 1    retirement   benefits,   lottery   prize   awards,  insurance
 2    proceeds, vacation pay, bonuses, profit-sharing payments  and
 3    any  other  payments,  made  by  any  person, private entity,
 4    federal or state government, any unit  of  local  government,
 5    school district or any entity created by Public Act; however,
 6    "income" excludes:
 7             (a)  any  amounts  required  by  law to be withheld,
 8        other than creditor claims, including,  but  not  limited
 9        to,  federal,  State and local taxes, Social Security and
10        other retirement and disability contributions;
11             (b)  union dues;
12             (c)  any amounts exempted by  the  federal  Consumer
13        Credit Protection Act;
14             (d)  public assistance payments; and
15             (e)  unemployment   insurance   benefits  except  as
16        provided by law.
17        Any other State or  local  laws  which  limit  or  exempt
18    income  or  the  amount  or  percentage of income that can be
19    withheld shall not apply.
20        (5)  "Obligor" means the individual who owes  a  duty  to
21    make payments under an order for support.
22        (6)  "Obligee"  means  the  individual  to whom a duty of
23    support is owed or the individual's legal representative.
24        (7)  "Payor" means any payor of income to an obligor.
25        (8)  "Public office" means any elected  official  or  any
26    State  or  local agency which is or may become responsible by
27    law for enforcement of, or which is or may become  authorized
28    to  enforce, an order for support, including, but not limited
29    to: the Attorney General, the Illinois Department of  Revenue
30    Public  Aid,  the  Illinois  Department  of Mental Health and
31    Developmental  Disabilities,  the  Illinois   Department   of
32    Children   and  Family  Services,  and  the  various  State's
33    Attorneys, Clerks of the Circuit  Court  and  supervisors  of
34    general assistance.
                            -164-              LRB9005376SMmb
 1        (9)  "Premium"  means  the  dollar  amount  for which the
 2    obligor is liable to his employer or  labor  union  or  trade
 3    union and which must be paid to enroll or maintain a child in
 4    a  health  insurance  plan  that  is available to the obligor
 5    through an employer or labor union or trade union.
 6    (B)  Entry of an Order for Withholding.
 7        (1)  Upon entry of any order  for  support  on  or  after
 8    January  1,  1984, the court shall enter a separate order for
 9    withholding which shall not take effect  unless  the  obligor
10    becomes  delinquent  in  paying  the order for support or the
11    obligor requests an earlier effective date; except  that  the
12    court  may  require  the order for withholding to take effect
13    immediately.
14        On or after January 1, 1989, the court shall require  the
15    order  for  withholding  to take effect immediately, unless a
16    written agreement is  reached  between  and  signed  by  both
17    parties  providing  for  an alternative arrangement, approved
18    and entered into the  record  by  the  court,  which  insures
19    payment  of support.  In that case, the court shall enter the
20    order for withholding which will not take effect  unless  the
21    obligor becomes delinquent in paying the order for support.
22        Upon  entry of any order of support on or after September
23    11, 1989, if the obligor is not a United States citizen,  the
24    obligor  shall  provide  to  the  court  the  obligor's alien
25    registration number,  passport  number,  and  home  country's
26    social security or national health number, if applicable; the
27    court  shall  make  the information part of the record in the
28    case.
29        (2)  An order  for  withholding  shall  be  entered  upon
30    petition  by  the obligee or public office where an order for
31    withholding has not been previously entered.
32        (3)  The order for withholding shall:
33             (a)  direct any payor to withhold  a  dollar  amount
34        equal to the order for support; and
                            -165-              LRB9005376SMmb
 1             (b)  direct  any  payor  to  withhold  an additional
 2        dollar amount,  not  less  than  20%  of  the  order  for
 3        support,  until payment in full of any delinquency stated
 4        in the notice of delinquency provided for  in  subsection
 5        (C) or (F) of this Section; and
 6             (c)  direct  any payor or labor union or trade union
 7        to enroll a child as a beneficiary of a health  insurance
 8        plan and withhold or cause to be withheld, if applicable,
 9        any required premiums; and
10             (d)  state  the  rights,  remedies and duties of the
11        obligor under this Section; and
12             (e)  include the obligor's Social  Security  Number,
13        which the obligor shall disclose to the court; and
14             (f)  include  the  date that withholding for current
15        support  terminates,  which  shall   be   the   date   of
16        termination  of  the current support obligation set forth
17        in the order for support.
18        (4)  At the time the order for  withholding  is  entered,
19    the  Clerk  of  the Circuit Court shall provide a copy of the
20    order for withholding  and  the  order  for  support  to  the
21    obligor  and  shall  make copies available to the obligee and
22    public  office.   Any  copy  of  the  order  for  withholding
23    furnished to the  parties  under  this  subsection  shall  be
24    stamped "Not Valid".
25        (5)  The order for withholding shall remain in effect for
26    as long as the order for support upon which it is based.
27        (6)  The  failure of an order for withholding to state an
28    arrearage is not  conclusive  of  the  issue  of  whether  an
29    arrearage is owing.
30        (7)  Notwithstanding  the  provisions of this subsection,
31    if the court finds  at  the  time  of  any  hearing  that  an
32    arrearage  has  accrued  in  an  amount equal to at least one
33    month's support obligation or that the  obligor  is  30  days
34    late  in  paying  all  or  part of the order for support, the
                            -166-              LRB9005376SMmb
 1    court  shall  order  immediate  service  of  the  order   for
 2    withholding upon the payor.
 3        (8)  Where  the court has not required that the order for
 4    withholding take effect immediately, the  obligee  or  public
 5    office   may   prepare  and  serve  a  notice  for  immediate
 6    withholding upon the obligor by ordinary  mail  addressed  to
 7    the  obligor  at  his  or her last known address.  The notice
 8    shall state that the following circumstances have occurred:
 9             (a)  The parties'  written  agreement  providing  an
10        alternative  arrangement  to  immediate withholding under
11        paragraph (1) of this subsection no longer  provides  for
12        timely payment of all support due; or
13             (b)  The  obligor  has  not  made timely payments in
14        that the obligor has been at least 7 days late in  paying
15        all  or  part  of the order for support any of the last 6
16        consecutive dates payments were due prior to the date  of
17        the notice for immediate withholding.
18        The  notice for immediate withholding shall clearly state
19    that a specially certified copy of the order for  withholding
20    will  be  sent  to  the  payor,  unless  the  obligor files a
21    petition contesting  immediate  withholding  within  20  days
22    after  service  of  the  notice; however, the grounds for the
23    petition shall be limited to a dispute concerning whether the
24    circumstances stated in  the  notice  have  occurred  or  the
25    identity  of  the  obligor.   It shall not be grounds for the
26    petition that the obligor has made all payments  due  by  the
27    date of the petition.
28        If  the  obligor  files  a  petition contesting immediate
29    withholding within the  20-day  period  required  under  this
30    paragraph,  the  Clerk  of the Circuit Court shall notify the
31    obligor and the obligee or public office, as appropriate,  of
32    the  time  and  place  of  the hearing on the petition.  Upon
33    hearing the petition, the court shall enter an order granting
34    or denying relief.  It shall not be grounds for granting  the
                            -167-              LRB9005376SMmb
 1    obligor's  petition  that he or she has made all payments due
 2    by the date of hearing.  If the court  denies  the  obligor's
 3    petition,  it  shall order immediate service of the order for
 4    withholding and direct  the  clerk  to  provide  a  specially
 5    certified copy of the order for withholding to the obligee or
 6    public  office indicating that the requirements for immediate
 7    withholding under this paragraph have been met.
 8        If the  obligor  does  not  file  a  petition  contesting
 9    immediate  withholding  within the 20-day period, the obligee
10    or public office shall file with the  Clerk  of  the  Circuit
11    Court  an  affidavit, with a copy of the notice for immediate
12    withholding attached thereto, stating  that  the  notice  was
13    duly  served  and the date on which service was effected, and
14    that  the  obligor  has  not  filed  a  petition   contesting
15    immediate  withholding.   The clerk shall then provide to the
16    obligee or public office a specially certified  copy  of  the
17    order  for  withholding  indicating that the requirements for
18    immediate withholding under this paragraph have been met.
19        Upon receipt of a specially certified copy of  the  order
20    for  withholding,  the obligee or public office may serve the
21    order on the payor,  its  superintendent,  manager  or  other
22    agent,  by  certified  mail or personal delivery.  A proof of
23    service shall be filed with the Clerk of the Circuit Court.
24    (C)  Notice of Delinquency.
25        (1)  Whenever an obligor becomes delinquent in payment of
26    an amount equal to at least one  month's  support  obligation
27    pursuant to the order for support or is at least 30 days late
28    in  complying  with  all  or  part  of the order for support,
29    whichever occurs first, the  obligee  or  public  office  may
30    prepare  and serve a verified notice of delinquency, together
31    with a form petition to stay service, pursuant  to  paragraph
32    (3) of this subsection.
33        (2)  The  notice of delinquency shall recite the terms of
34    the order for support and contain a computation of the period
                            -168-              LRB9005376SMmb
 1    and total amount of the delinquency, as of the  date  of  the
 2    notice.   The notice shall clearly state that it will be sent
 3    to the payor, together with a specially certified copy of the
 4    order for withholding, except as provided in subsection  (F),
 5    unless  the  obligor  files  a  petition  to  stay service in
 6    accordance with paragraph (1) of subsection (D).
 7        (3)  The  notice  of  delinquency  shall  be  served   by
 8    ordinary  mail  addressed  to  the obligor at his or her last
 9    known address.
10        (4)  The obligor may execute  a  written  waiver  of  the
11    provisions  of  paragraphs (1) through (3) of this subsection
12    and request immediate service upon the payor.
13    (D)  Procedures to Avoid Income Withholding.
14        (1)  Except as provided in subsection  (F),  the  obligor
15    may  prevent  an  order  for withholding from being served by
16    filing a petition to stay  service  with  the  Clerk  of  the
17    Circuit  Court, within 20 days after service of the notice of
18    delinquency; however, the grounds for the  petition  to  stay
19    service  shall  be  limited  to a dispute concerning: (a) the
20    amount of current support or the existence or amount  of  the
21    delinquency; or (b)  the identity of the obligor.
22        The  Clerk  of the Circuit Court shall notify the obligor
23    and the obligee or public office, as appropriate, of the time
24    and place of the hearing on the petition to stay service. The
25    court shall hold such hearing pursuant to the  provisions  of
26    subsection (H).
27        (2)  Except  as  provided  in subsection (F), filing of a
28    petition to stay service, within the 20-day  period  required
29    under  this  subsection, shall prohibit the obligee or public
30    office from serving the order for withholding on any payor of
31    the obligor.
32    (E)  Initial Service of Order for Withholding.
33        (1)  Except as provided in subsection (F),  in  order  to
                            -169-              LRB9005376SMmb
 1    serve  an  order  for withholding upon a payor, an obligee or
 2    public office shall follow the procedures set forth  in  this
 3    subsection.  After 20 days following service of the notice of
 4    delinquency, the obligee or public office shall file with the
 5    Clerk of the Circuit Court an affidavit, with the copy of the
 6    notice of delinquency attached thereto, stating:
 7             (a)  that  the  notice  of delinquency has been duly
 8        served and the date on which service was effected; and
 9             (b)  that the obligor has not filed  a  petition  to
10        stay service, or in the alternative
11             (c)  that  the  obligor has waived the provisions of
12        subparagraphs (a)  and  (b)  of  this  paragraph  (1)  in
13        accordance with subsection (C)(4).
14        (2)  Upon  request  of  the obligee or public office, the
15    Clerk of the Circuit shall: (a) make available any record  of
16    payment;  and  (b) determine that the file contains a copy of
17    the affidavit described in paragraph (1).   The  Clerk  shall
18    then  provide  to  the  obligee  or public office a specially
19    certified copy of the order for withholding and the notice of
20    delinquency indicating that  the  preconditions  for  service
21    have been met.
22        (3)  The  obligee  or  public  office  may then serve the
23    notice of delinquency and order for withholding on the payor,
24    its superintendent, manager or other agent, by certified mail
25    or personal delivery.  A proof of service shall be filed with
26    the Clerk of the Circuit Court.
27    (F)  Subsequent Service of Order for Withholding.
28        (1)  Notwithstanding the provisions of this  Section,  at
29    any  time after the court has ordered immediate service of an
30    order for withholding or after initial service  of  an  order
31    for  withholding  pursuant  to subsection (E), the obligee or
32    public office may serve the order for  withholding  upon  any
33    payor  of  the obligor without further notice to the obligor.
34    The obligee or public office  shall  provide  notice  to  the
                            -170-              LRB9005376SMmb
 1    payor,  pursuant  to  paragraph (6) of subsection (I), of any
 2    payments that have been made through previous withholding  or
 3    any other method.
 4        (2)  The  Clerk of the Circuit Court shall, upon request,
 5    provide the obligee or public office with specially certified
 6    copies  of  the  order  for  withholding  or  the  notice  of
 7    delinquency or both whenever the Court has ordered  immediate
 8    service  of an order for withholding or an affidavit has been
 9    placed in the court file indicating  that  the  preconditions
10    for  service have been previously met.  The obligee or public
11    office may then serve the order for withholding on the payor,
12    its superintendent, manager or other agent by certified  mail
13    or personal delivery.  A proof of service shall be filed with
14    the Clerk of the Circuit Court.
15        (3)  If  a  delinquency  has  accrued for any reason, the
16    obligee or public office may serve a  notice  of  delinquency
17    upon the obligor pursuant to subsection (C).  The obligor may
18    prevent  the notice of delinquency from being served upon the
19    payor by utilizing the procedures  set  forth  in  subsection
20    (D). If no petition to stay service has been filed within the
21    required 20 day time period, the obligee or public office may
22    serve the notice of delinquency on the payor by utilizing the
23    procedures for service set forth in subsection (E).
24    (G)  Duties of Payor.
25        (1)  It  shall  be  the  duty  of  any payor who has been
26    served with a copy  of  the  specially  certified  order  for
27    withholding  and  any notice of delinquency to deduct and pay
28    over income as provided in this subsection.  The payor  shall
29    deduct the amount designated in the order for withholding, as
30    supplemented  by  the  notice  of  delinquency and any notice
31    provided  pursuant  to  paragraph  (6)  of  subsection   (I),
32    beginning  no  later than the next payment of income which is
33    payable to the obligor that occurs 14 days following the date
34    the order and any notice were mailed  by  certified  mail  or
                            -171-              LRB9005376SMmb
 1    placed  for  personal  delivery.   The  payor may combine all
 2    amounts withheld for the benefit  of  an  obligee  or  public
 3    office  into a single payment and transmit the payment with a
 4    listing of obligors from whom withholding has been  effected.
 5    The  payor  shall  pay  the amount withheld to the obligee or
 6    public office within 10 calendar days of the date  income  is
 7    paid  to  the  obligor  in  accordance  with  the  order  for
 8    withholding and any subsequent notification received from the
 9    public  office  redirecting  payments. If the payor knowingly
10    fails to pay any amount withheld to  the  obligee  or  public
11    office  within 10 calendar days of the date income is paid to
12    the obligor, the payor shall pay a penalty of $100  for  each
13    day  that  the  withheld amount is not paid to the obligee or
14    public office after  the  period  of  10  calendar  days  has
15    expired.   The failure of a payor, on more than one occasion,
16    to pay amounts withheld  to  the  obligee  or  public  office
17    within  10  calendar  days  of the date income is paid to the
18    obligor creates a presumption that the payor knowingly failed
19    to pay the amounts.  This penalty may be collected in a civil
20    action which may be brought against the payor in favor of the
21    obligee.  For purposes of this  Section,  a  withheld  amount
22    shall  be considered paid by a payor on the date it is mailed
23    by the payor, or on the date an electronic funds transfer  of
24    the  amount  has  been initiated by the payor, or on the date
25    delivery of the amount has been initiated by the  payor.  For
26    each deduction, the payor shall provide the obligee or public
27    office,  at the time of transmittal, with the date income was
28    paid from which support was withheld.
29        Upon receipt of an order requiring that a minor child  be
30    named  as  a beneficiary of a health insurance plan available
31    through an employer  or  labor  union  or  trade  union,  the
32    employer  or  labor  union  or  trade union shall immediately
33    enroll the minor child as a beneficiary  in  the  the  health
34    insurance  plan  designated  by the court order. The employer
                            -172-              LRB9005376SMmb
 1    shall withhold any required premiums and pay over any amounts
 2    so withheld and any additional amounts the employer  pays  to
 3    the  insurance  carrier  in a timely manner.  The employer or
 4    labor union or trade union shall mail to the obligee,  within
 5    15  days of enrollment or upon request, notice of the date of
 6    coverage, information on the dependent coverage plan, and all
 7    forms necessary to obtain reimbursement  for  covered  health
 8    expenses,  such as would be made available to a new employee.
 9    When an order for dependent coverage is  in  effect  and  the
10    insurance  coverage  is terminated or changed for any reason,
11    the employer or labor union or trade union shall  notify  the
12    obligee  within  10  days  of  the termination or change date
13    along with notice of conversion privileges.
14        For withholding of income, the payor shall be entitled to
15    receive a fee not to exceed $5 per month to be taken from the
16    income to be paid to the obligor.
17        (2)  Whenever the obligor is no longer  receiving  income
18    from  the  payor,  the payor shall return a copy of the order
19    for withholding to the obligee or  public  office  and  shall
20    provide   information  for  the  purpose  of  enforcing  this
21    Section.
22        (3)  Withholding of income under this  Section  shall  be
23    made  without regard to any prior or subsequent garnishments,
24    attachments,  wage  assignments,  or  any  other  claims   of
25    creditors.   Withholding  of  income under this Section shall
26    not be in excess of the maximum amounts permitted  under  the
27    federal Consumer Credit Protection Act. If the payor has been
28    served with more than one order for withholding pertaining to
29    the  same  obligor, the payor shall allocate income available
30    for  withholding  on  a  proportionate  share  basis,  giving
31    priority to current support payments.  If there is any income
32    available for withholding after withholding for  all  current
33    support  obligations,  the payor shall allocate the income to
34    past due support payments ordered  in  non-AFDC  matters  and
                            -173-              LRB9005376SMmb
 1    then  to  past  due support payments ordered in AFDC matters,
 2    both on a proportionate share basis. Payment as  required  by
 3    the  order for withholding shall be a complete defense by the
 4    payor against any claims of the obligor or his  creditors  as
 5    to the sum so paid.
 6        (4)  No payor shall discharge, discipline, refuse to hire
 7    or  otherwise  penalize  any  obligor  because of the duty to
 8    withhold income.
 9    (H)  Petitions to Stay  Service  or  to  Modify,  Suspend  or
10    Terminate Orders for Withholding.
11        (1)  When  an  obligor  files a petition to stay service,
12    the court, after due notice to all parties,  shall  hear  the
13    matter  as  soon  as  practicable  and  shall  enter an order
14    granting  or  denying  relief,   amending   the   notice   of
15    delinquency,   amending   the  order  for  withholding  where
16    applicable, or otherwise resolving the matter.  If the  court
17    finds   that   a  delinquency  existed  when  the  notice  of
18    delinquency was served upon the obligor, in an amount  of  at
19    least one month's support obligation, or that the obligor was
20    at  least 30 days late in paying all or part of the order for
21    support, the court shall order immediate service of the order
22    for withholding.  Where the court cannot promptly resolve any
23    dispute over the amount of the  delinquency,  the  court  may
24    order  immediate  service  of the order for withholding as to
25    any undisputed amounts specified  in  an  amended  notice  of
26    delinquency,  and  may  continue  the hearing on the disputed
27    amounts.
28        (2)  At any time, an obligor, obligee, public  office  or
29    Clerk of the Circuit Court may petition the court to:
30             (a)  modify,  suspend  or  terminate  the  order for
31        withholding because  of  a  modification,  suspension  or
32        termination of the underlying order for support; or
33             (b)  modify  the  amount of income to be withheld to
34        reflect payment in full or in part of the delinquency  or
                            -174-              LRB9005376SMmb
 1        arrearage by income withholding or otherwise; or
 2             (c)  suspend  the  order  for withholding because of
 3        inability to deliver income withheld to the  obligee  due
 4        to  the obligee's failure to provide a mailing address or
 5        other means of delivery.
 6        (3)  The obligor, obligee or public office shall serve on
 7    the payor, by certified mail or personal delivery, a copy  of
 8    any  order  entered  pursuant to this subsection that affects
 9    the duties of the payor.
10        (4)  At any time, a public office or Clerk of the Circuit
11    Court may serve a notice on the payor to:
12             (a)  cease withholding  of  income  for  payment  of
13        current  support  for a child when the support obligation
14        for that child has automatically ceased under  the  order
15        for support through emancipation or otherwise; or
16             (b)  cease  withholding  of  income  for  payment of
17        delinquency  or  arrearage  when   the   delinquency   or
18        arrearage has been paid in full.
19        (5)  The  notice provided for under paragraph (4) of this
20    subsection shall be served on the payor by ordinary mail, and
21    a copy shall be provided to the obligor and the  obligee.   A
22    copy  of  the  notice  shall  be  filed with the Clerk of the
23    Circuit Court.
24        (6)  The order  for  withholding  shall  continue  to  be
25    binding  upon  the  payor  until  service of any order of the
26    court  or  notice  entered  or  provided   for   under   this
27    subsection.
28    (I)  Additional Duties.
29        (1)  An  obligee  who  is  receiving  income  withholding
30    payments  under  this  Section shall notify the payor, if the
31    obligee receives the payments directly from the payor, or the
32    public  office  or  the  Clerk  of  the  Circuit  Court,   as
33    appropriate,  of  any change of address within 7 days of such
34    change.
                            -175-              LRB9005376SMmb
 1        (2)  An obligee who is a recipient of  public  aid  shall
 2    send  a  copy  of any notice of delinquency filed pursuant to
 3    subsection (C) to the Bureau of Child Support of the Illinois
 4    Department of Revenue Public Aid.
 5        (3)  Each obligor shall notify the obligee and the  Clerk
 6    of the Circuit Court of any change of address within 7 days.
 7        (4)  An obligor whose income is being withheld or who has
 8    been  served  with  a  notice of delinquency pursuant to this
 9    Section shall notify the obligee and the Clerk of the Circuit
10    Court of any new payor, within 7 days.
11        (5)  When the Illinois Department of Revenue  Public  Aid
12    is  no longer authorized to receive payments for the obligee,
13    it  shall,  within  7  days,  notify  the  payor  or,   where
14    appropriate,  the  Clerk  of  the  Circuit Court, to redirect
15    income withholding payments to the obligee.
16        (6)  The obligee or public office shall provide notice to
17    the payor and Clerk of the Circuit Court of any other support
18    payment made, including but not limited to, a  set-off  under
19    federal  and  State law or partial payment of the delinquency
20    or arrearage, or both.
21        (7)  Any public office and Clerk  of  the  Circuit  Court
22    which  collects,  disburses  or receives payments pursuant to
23    orders for withholding shall maintain complete, accurate, and
24    clear  records  of  all  payments  and  their  disbursements.
25    Certified copies of payment records maintained  by  a  public
26    office  or  Clerk of the Circuit Court shall, without further
27    proof, be admitted into evidence  in  any  legal  proceedings
28    under this Section.
29        (8)  The  Illinois Department of Revenue Public Aid shall
30    design  suggested  legal  forms  for  proceeding  under  this
31    Section and shall make available to the courts such forms and
32    informational materials which  describe  the  procedures  and
33    remedies  set forth herein for distribution to all parties in
34    support actions.
                            -176-              LRB9005376SMmb
 1        (9)  At the time of transmitting  each  support  payment,
 2    the  clerk  of the circuit court shall provide the obligee or
 3    public office, as appropriate, with any information furnished
 4    by the payor as to the date income was paid from  which  such
 5    support was withheld.
 6    (J)  Penalties.
 7        (1)  Where a payor wilfully fails to withhold or pay over
 8    income  pursuant  to  a  properly served, specially certified
 9    order for withholding  and  any  notice  of  delinquency,  or
10    wilfully   discharges,   disciplines,   refuses  to  hire  or
11    otherwise penalizes an obligor as  prohibited  by  subsection
12    (G),  or otherwise fails to comply with any duties imposed by
13    this Section, the  obligee,  public  office  or  obligor,  as
14    appropriate,  may file a complaint with the court against the
15    payor.  The clerk of  the  circuit  court  shall  notify  the
16    obligee or public office, as appropriate, and the obligor and
17    payor  of the time and place of the hearing on the complaint.
18    The court shall resolve any factual  dispute  including,  but
19    not limited to, a denial that the payor is paying or has paid
20    income  to  the  obligor.   Upon  a  finding  in favor of the
21    complaining party, the court:
22             (a)  shall enter judgment and direct the enforcement
23        thereof for the total  amount  that  the  payor  wilfully
24        failed to withhold or pay over; and
25             (b)  may  order  employment  or  reinstatement of or
26        restitution to the obligor, or both,  where  the  obligor
27        has  been  discharged,  disciplined, denied employment or
28        otherwise penalized by the payor and may  impose  a  fine
29        upon the payor not to exceed $200.
30        (2)  Any  obligee,  public office or obligor who wilfully
31    initiates a  false  proceeding  under  this  Section  or  who
32    wilfully  fails  to  comply  with  the  requirements  of this
33    Section shall be punished as in cases of contempt of court.
                            -177-              LRB9005376SMmb
 1    (K)  Alternative Procedures for Entry and Service of an Order
 2    for Withholding.
 3        (1)  Effective January 1, 1987, in any matter in which an
 4    order for withholding has not been entered  for  any  reason,
 5    based  upon the last order for support that has been entered,
 6    and in which the obligor has become delinquent in payment  of
 7    an  amount  equal  to at least one month's support obligation
 8    pursuant to the last order for support or is at least 30 days
 9    late in complying with all or part of the order for  support,
10    the  obligee  or public office may prepare and serve an order
11    for withholding pursuant to the procedures set forth in  this
12    subsection.
13        (2)  The obligee or public office shall:
14             (a)  prepare  a  proposed  order for withholding for
15        immediate service as provided by paragraphs (1)  and  (3)
16        of   subsection   (B),   except   that  the  minimum  20%
17        delinquency payment shall be used;
18             (b)  prepare a notice of delinquency as provided  by
19        paragraphs  (1)  and  (2)  of  subsection (C), except the
20        notice shall state further that the order for withholding
21        has not been entered by  the  court  and  the  conditions
22        under which the order will be entered; and
23             (c)  serve   the  notice  of  delinquency  and  form
24        petition to stay service as provided by paragraph (3)  of
25        subsection  (C),  together  with  the  proposed order for
26        withholding, which shall be marked "COPY ONLY".
27        (3)  After 20 days following service  of  the  notice  of
28    delinquency  and  proposed  order for withholding, in lieu of
29    the provisions of  subsection  (E),  the  obligee  or  public
30    office  shall  file  with  the  Clerk of the Circuit Court an
31    affidavit, with a copy  of  the  notice  of  delinquency  and
32    proposed  order  for  withholding  attached  thereto, stating
33    that:
34             (a)  the notice of delinquency  and  proposed  order
                            -178-              LRB9005376SMmb
 1        for withholding have been served upon the obligor and the
 2        date on which service was effected;
 3             (b)  the  obligor  has  not filed a petition to stay
 4        service within 20 days of  service  of  such  notice  and
 5        order; and
 6             (c)  the  proposed  order for withholding accurately
 7        states the terms and amounts contained in the last  order
 8        for support.
 9        (4)  Upon  the  court's  satisfaction that the procedures
10    set forth in this subsection have been met,  it  shall  enter
11    the order for withholding.
12        (5)  The  Clerk  shall  then  provide  to  the obligee or
13    public office a specially certified copy  of  the  order  for
14    withholding and the notice of delinquency indicating that the
15    preconditions for service have been met.
16        (6)  The   obligee  or  public  office  shall  serve  the
17    specially certified copies of the order for  withholding  and
18    the  notice  of delinquency on the payor, its superintendent,
19    manager  or  other  agent  by  certified  mail  or   personal
20    delivery.   A  proof of service shall be filed with the Clerk
21    of the Circuit Court.
22        (7)  If the  obligor  requests  in  writing  that  income
23    withholding  become effective prior to becoming delinquent in
24    payment of an amount equal to one month's support  obligation
25    pursuant  to the last order for support, or prior to becoming
26    30 days late in paying all or part of the order for  support,
27    the obligee or public office shall file an affidavit with the
28    Clerk  of  the  circuit  Court,  with  a  proposed  order for
29    withholding  attached,  stating  that  the   proposed   order
30    accurately states the terms and amounts contained in the last
31    order  for  support  and  the obligor's request for immediate
32    service.  The provisions of paragraphs  (4)  through  (6)  of
33    this   subsection  shall  apply,  except  that  a  notice  of
34    delinquency shall not be required.
                            -179-              LRB9005376SMmb
 1        (8)  All  other  provisions  of  this  Section  shall  be
 2    applicable with respect to the provisions of this  subsection
 3    (K),  except  that under paragraph (1) of subsection (H), the
 4    court may also amend the proposed order  for  withholding  to
 5    conform to the last order for support.
 6        (9)  Nothing  in  this  subsection  shall be construed as
 7    limiting the requirements of paragraph (1) of subsection  (B)
 8    with respect to the entry of a separate order for withholding
 9    upon entry of any order for support.
10    (L)  Remedies in Addition to Other Laws.
11        (1)  The  rights,  remedies, duties and penalties created
12    by this Section are in addition to and  not  in  substitution
13    for  any other rights, remedies, duties and penalties created
14    by any other law.
15        (2)  Nothing  in  this  Section  shall  be  construed  as
16    invalidating any assignment of  wages  or  benefits  executed
17    prior to January 1, 1984.
18    (Source: P.A.  87-529; 87-935; 87-988; 87-1105; 88-26; 88-45;
19    88-94; 88-131; 88-307; 88-670, eff. 12-2-94.)
20        (Text of Section after amendment by P.A. 89-507)
21        Sec. 26.1.  Withholding of Income to  Secure  Payment  of
22    Support.
23    (A)  Definitions.
24        (1)  "Order  for  support"  means  any order of the court
25    which provides for periodic payment of funds for the  support
26    of  a  child or maintenance of a spouse, whether temporary or
27    final, and includes any such order which provides for:
28             (a)  modification or resumption of,  or  payment  of
29        arrearage accrued under, a previously existing order;
30             (b)  reimbursement of support; or
31             (c)  enrollment  in  a health insurance plan that is
32        available to the obligor through  an  employer  or  labor
33        union or trade union.
                            -180-              LRB9005376SMmb
 1        (2)  "Arrearage" means the total amount of unpaid support
 2    obligations.
 3        (3)  "Delinquency"  means  any payment under an order for
 4    support which becomes due and remains unpaid after  an  order
 5    for withholding has been entered under subsection (B) or, for
 6    purposes  of subsection (K), after the last order for support
 7    was entered for which no order for withholding was entered.
 8        (4)  "Income" means any form of periodic  payment  to  an
 9    individual,  regardless of source, including, but not limited
10    to: wages, salary, commission, compensation as an independent
11    contractor, workers' compensation,  disability,  annuity  and
12    retirement   benefits,   lottery   prize   awards,  insurance
13    proceeds, vacation pay, bonuses, profit-sharing payments  and
14    any  other  payments,  made  by  any  person, private entity,
15    federal or state government, any unit  of  local  government,
16    school district or any entity created by Public Act; however,
17    "income" excludes:
18             (a)  any  amounts  required  by  law to be withheld,
19        other than creditor claims, including,  but  not  limited
20        to,  federal,  State and local taxes, Social Security and
21        other retirement and disability contributions;
22             (b)  union dues;
23             (c)  any amounts exempted by  the  federal  Consumer
24        Credit Protection Act;
25             (d)  public assistance payments; and
26             (e)  unemployment   insurance   benefits  except  as
27        provided by law.
28        Any other State or  local  laws  which  limit  or  exempt
29    income  or  the  amount  or  percentage of income that can be
30    withheld shall not apply.
31        (5)  "Obligor" means the individual who owes  a  duty  to
32    make payments under an order for support.
33        (6)  "Obligee"  means  the  individual  to whom a duty of
34    support is owed or the individual's legal representative.
                            -181-              LRB9005376SMmb
 1        (7)  "Payor" means any payor of income to an obligor.
 2        (8)  "Public office" means any elected  official  or  any
 3    State  or  local agency which is or may become responsible by
 4    law for enforcement of, or which is or may become  authorized
 5    to  enforce, an order for support, including, but not limited
 6    to: the Attorney General, the Illinois Department of  Revenue
 7    Public  Aid,  the  Illinois Department of Human Services, the
 8    Illinois Department of Children and Family Services, and  the
 9    various  State's  Attorneys,  Clerks of the Circuit Court and
10    supervisors of general assistance.
11        (9)  "Premium" means the  dollar  amount  for  which  the
12    obligor  is  liable  to  his employer or labor union or trade
13    union and which must be paid to enroll or maintain a child in
14    a health insurance plan that  is  available  to  the  obligor
15    through an employer or labor union or trade union.
16    (B)  Entry of an Order for Withholding.
17        (1)  Upon  entry  of  any  order  for support on or after
18    January 1, 1984, the court shall enter a separate  order  for
19    withholding  which  shall  not take effect unless the obligor
20    becomes delinquent in paying the order  for  support  or  the
21    obligor  requests  an earlier effective date; except that the
22    court may require the order for withholding  to  take  effect
23    immediately.
24        On  or after January 1, 1989, the court shall require the
25    order for withholding to take effect  immediately,  unless  a
26    written  agreement  is  reached  between  and  signed by both
27    parties providing for an  alternative  arrangement,  approved
28    and  entered  into  the  record  by  the court, which insures
29    payment of support.  In that case, the court shall enter  the
30    order  for  withholding which will not take effect unless the
31    obligor becomes delinquent in paying the order for support.
32        Upon entry of any order of support on or after  September
33    11,  1989, if the obligor is not a United States citizen, the
34    obligor shall  provide  to  the  court  the  obligor's  alien
                            -182-              LRB9005376SMmb
 1    registration  number,  passport  number,  and  home country's
 2    social security or national health number, if applicable; the
 3    court shall make the information part of the  record  in  the
 4    case.
 5        (2)  An  order  for  withholding  shall  be  entered upon
 6    petition by the obligee or public office where an  order  for
 7    withholding has not been previously entered.
 8        (3)  The order for withholding shall:
 9             (a)  direct  any  payor  to withhold a dollar amount
10        equal to the order for support; and
11             (b)  direct any  payor  to  withhold  an  additional
12        dollar  amount,  not  less  than  20%  of  the  order for
13        support, until payment in full of any delinquency  stated
14        in  the  notice of delinquency provided for in subsection
15        (C) or (F) of this Section; and
16             (c)  direct any payor or labor union or trade  union
17        to  enroll a child as a beneficiary of a health insurance
18        plan and withhold or cause to be withheld, if applicable,
19        any required premiums; and
20             (d)  state the rights, remedies and  duties  of  the
21        obligor under this Section; and
22             (e)  include  the  obligor's Social Security Number,
23        which the obligor shall disclose to the court; and
24             (f)  include the date that withholding  for  current
25        support   terminates,   which   shall   be  the  date  of
26        termination of the current support obligation  set  forth
27        in the order for support.
28        (4)  At  the  time  the order for withholding is entered,
29    the Clerk of the Circuit Court shall provide a  copy  of  the
30    order  for  withholding  and  the  order  for  support to the
31    obligor and shall make copies available to  the  obligee  and
32    public  office.   Any  copy  of  the  order  for  withholding
33    furnished  to  the  parties  under  this  subsection shall be
34    stamped "Not Valid".
                            -183-              LRB9005376SMmb
 1        (5)  The order for withholding shall remain in effect for
 2    as long as the order for support upon which it is based.
 3        (6)  The failure of an order for withholding to state  an
 4    arrearage  is  not  conclusive  of  the  issue  of whether an
 5    arrearage is owing.
 6        (7)  Notwithstanding the provisions of  this  subsection,
 7    if  the  court  finds  at  the  time  of  any hearing that an
 8    arrearage has accrued in an amount  equal  to  at  least  one
 9    month's  support  obligation  or  that the obligor is 30 days
10    late in paying all or part of  the  order  for  support,  the
11    court   shall  order  immediate  service  of  the  order  for
12    withholding upon the payor.
13        (8)  Where the court has not required that the order  for
14    withholding  take  effect  immediately, the obligee or public
15    office  may  prepare  and  serve  a  notice   for   immediate
16    withholding  upon  the  obligor by ordinary mail addressed to
17    the obligor at his or her last  known  address.   The  notice
18    shall state that the following circumstances have occurred:
19             (a)  The  parties'  written  agreement  providing an
20        alternative arrangement to  immediate  withholding  under
21        paragraph  (1)  of this subsection no longer provides for
22        timely payment of all support due; or
23             (b)  The obligor has not  made  timely  payments  in
24        that  the obligor has been at least 7 days late in paying
25        all or part of the order for support any of  the  last  6
26        consecutive  dates payments were due prior to the date of
27        the notice for immediate withholding.
28        The notice for immediate withholding shall clearly  state
29    that  a specially certified copy of the order for withholding
30    will be sent  to  the  payor,  unless  the  obligor  files  a
31    petition  contesting  immediate  withholding  within  20 days
32    after service of the notice; however,  the  grounds  for  the
33    petition shall be limited to a dispute concerning whether the
34    circumstances  stated  in  the  notice  have  occurred or the
                            -184-              LRB9005376SMmb
 1    identity of the obligor.  It shall not  be  grounds  for  the
 2    petition  that  the  obligor has made all payments due by the
 3    date of the petition.
 4        If the obligor  files  a  petition  contesting  immediate
 5    withholding  within  the  20-day  period  required under this
 6    paragraph, the Clerk of the Circuit Court  shall  notify  the
 7    obligor  and the obligee or public office, as appropriate, of
 8    the time and place of the  hearing  on  the  petition.   Upon
 9    hearing the petition, the court shall enter an order granting
10    or  denying relief.  It shall not be grounds for granting the
11    obligor's petition that he or she has made all  payments  due
12    by  the  date  of hearing.  If the court denies the obligor's
13    petition, it shall order immediate service of the  order  for
14    withholding  and  direct  the  clerk  to  provide a specially
15    certified copy of the order for withholding to the obligee or
16    public office indicating that the requirements for  immediate
17    withholding under this paragraph have been met.
18        If  the  obligor  does  not  file  a  petition contesting
19    immediate withholding within the 20-day period,  the  obligee
20    or  public  office  shall  file with the Clerk of the Circuit
21    Court an affidavit, with a copy of the notice  for  immediate
22    withholding  attached  thereto,  stating  that the notice was
23    duly served and the date on which service was  effected,  and
24    that   the  obligor  has  not  filed  a  petition  contesting
25    immediate withholding.  The clerk shall then provide  to  the
26    obligee  or  public  office a specially certified copy of the
27    order for withholding indicating that  the  requirements  for
28    immediate withholding under this paragraph have been met.
29        Upon  receipt  of a specially certified copy of the order
30    for withholding, the obligee or public office may  serve  the
31    order  on  the  payor,  its  superintendent, manager or other
32    agent, by certified mail or personal delivery.   A  proof  of
33    service shall be filed with the Clerk of the Circuit Court.
34    (C)  Notice of Delinquency.
                            -185-              LRB9005376SMmb
 1        (1)  Whenever an obligor becomes delinquent in payment of
 2    an  amount  equal  to at least one month's support obligation
 3    pursuant to the order for support or is at least 30 days late
 4    in complying with all or  part  of  the  order  for  support,
 5    whichever  occurs  first,  the  obligee  or public office may
 6    prepare and serve a verified notice of delinquency,  together
 7    with  a  form petition to stay service, pursuant to paragraph
 8    (3) of this subsection.
 9        (2)  The notice of delinquency shall recite the terms  of
10    the order for support and contain a computation of the period
11    and  total  amount  of the delinquency, as of the date of the
12    notice.  The notice shall clearly state that it will be  sent
13    to the payor, together with a specially certified copy of the
14    order  for withholding, except as provided in subsection (F),
15    unless the obligor  files  a  petition  to  stay  service  in
16    accordance with paragraph (1) of subsection (D).
17        (3)  The   notice  of  delinquency  shall  be  served  by
18    ordinary mail addressed to the obligor at  his  or  her  last
19    known address.
20        (4)  The  obligor  may  execute  a  written waiver of the
21    provisions of paragraphs (1) through (3) of  this  subsection
22    and request immediate service upon the payor.
23    (D)  Procedures to Avoid Income Withholding.
24        (1)  Except  as  provided  in subsection (F), the obligor
25    may prevent an order for withholding  from  being  served  by
26    filing  a  petition  to  stay  service  with the Clerk of the
27    Circuit Court, within 20 days after service of the notice  of
28    delinquency;  however,  the  grounds for the petition to stay
29    service shall be limited to a  dispute  concerning:  (a)  the
30    amount  of  current support or the existence or amount of the
31    delinquency; or (b)  the identity of the obligor.
32        The Clerk of the Circuit Court shall notify  the  obligor
33    and the obligee or public office, as appropriate, of the time
34    and place of the hearing on the petition to stay service. The
                            -186-              LRB9005376SMmb
 1    court  shall  hold such hearing pursuant to the provisions of
 2    subsection (H).
 3        (2)  Except as provided in subsection (F),  filing  of  a
 4    petition  to  stay service, within the 20-day period required
 5    under this subsection, shall prohibit the obligee  or  public
 6    office from serving the order for withholding on any payor of
 7    the obligor.
 8    (E)  Initial Service of Order for Withholding.
 9        (1)  Except  as  provided  in subsection (F), in order to
10    serve an order for withholding upon a payor,  an  obligee  or
11    public  office  shall follow the procedures set forth in this
12    subsection.  After 20 days following service of the notice of
13    delinquency, the obligee or public office shall file with the
14    Clerk of the Circuit Court an affidavit, with the copy of the
15    notice of delinquency attached thereto, stating:
16             (a)  that the notice of delinquency  has  been  duly
17        served and the date on which service was effected; and
18             (b)  that  the  obligor  has not filed a petition to
19        stay service, or in the alternative
20             (c)  that the obligor has waived the  provisions  of
21        subparagraphs  (a)  and  (b)  of  this  paragraph  (1) in
22        accordance with subsection (C)(4).
23        (2)  Upon request of the obligee or  public  office,  the
24    Clerk  of the Circuit shall: (a) make available any record of
25    payment; and (b) determine that the file contains a  copy  of
26    the  affidavit  described  in paragraph (1).  The Clerk shall
27    then provide to the obligee  or  public  office  a  specially
28    certified copy of the order for withholding and the notice of
29    delinquency  indicating  that  the  preconditions for service
30    have been met.
31        (3)  The obligee or public  office  may  then  serve  the
32    notice of delinquency and order for withholding on the payor,
33    its superintendent, manager or other agent, by certified mail
34    or personal delivery.  A proof of service shall be filed with
                            -187-              LRB9005376SMmb
 1    the Clerk of the Circuit Court.
 2    (F)  Subsequent Service of Order for Withholding.
 3        (1)  Notwithstanding  the  provisions of this Section, at
 4    any time after the court has ordered immediate service of  an
 5    order  for  withholding  or after initial service of an order
 6    for withholding pursuant to subsection (E),  the  obligee  or
 7    public  office  may  serve the order for withholding upon any
 8    payor of the obligor without further notice to  the  obligor.
 9    The  obligee  or  public  office  shall provide notice to the
10    payor, pursuant to paragraph (6) of subsection  (I),  of  any
11    payments  that have been made through previous withholding or
12    any other method.
13        (2)  The Clerk of the Circuit Court shall, upon  request,
14    provide the obligee or public office with specially certified
15    copies  of  the  order  for  withholding  or  the  notice  of
16    delinquency  or both whenever the Court has ordered immediate
17    service of an order for withholding or an affidavit has  been
18    placed  in  the  court file indicating that the preconditions
19    for service have been previously met.  The obligee or  public
20    office may then serve the order for withholding on the payor,
21    its  superintendent, manager or other agent by certified mail
22    or personal delivery.  A proof of service shall be filed with
23    the Clerk of the Circuit Court.
24        (3)  If a delinquency has accrued  for  any  reason,  the
25    obligee  or  public  office may serve a notice of delinquency
26    upon the obligor pursuant to subsection (C).  The obligor may
27    prevent the notice of delinquency from being served upon  the
28    payor  by  utilizing  the  procedures set forth in subsection
29    (D). If no petition to stay service has been filed within the
30    required 20 day time period, the obligee or public office may
31    serve the notice of delinquency on the payor by utilizing the
32    procedures for service set forth in subsection (E).
33    (G)  Duties of Payor.
                            -188-              LRB9005376SMmb
 1        (1)  It shall be the duty  of  any  payor  who  has  been
 2    served  with  a  copy  of  the  specially certified order for
 3    withholding and any notice of delinquency to deduct  and  pay
 4    over  income as provided in this subsection.  The payor shall
 5    deduct the amount designated in the order for withholding, as
 6    supplemented by the notice  of  delinquency  and  any  notice
 7    provided   pursuant  to  paragraph  (6)  of  subsection  (I),
 8    beginning no later than the next payment of income  which  is
 9    payable to the obligor that occurs 14 days following the date
10    the  order  and  any  notice were mailed by certified mail or
11    placed for personal delivery.   The  payor  may  combine  all
12    amounts  withheld  for  the  benefit  of an obligee or public
13    office into a single payment and transmit the payment with  a
14    listing  of obligors from whom withholding has been effected.
15    The payor shall pay the amount withheld  to  the  obligee  or
16    public  office  within 10 calendar days of the date income is
17    paid  to  the  obligor  in  accordance  with  the  order  for
18    withholding and any subsequent notification received from the
19    public office redirecting payments. If  the  payor  knowingly
20    fails  to  pay  any  amount withheld to the obligee or public
21    office within 10 calendar days of the date income is paid  to
22    the  obligor,  the payor shall pay a penalty of $100 for each
23    day that the withheld amount is not paid to  the  obligee  or
24    public  office  after  the  period  of  10  calendar days has
25    expired.  The failure of a payor, on more than one  occasion,
26    to  pay  amounts  withheld  to  the  obligee or public office
27    within 10 calendar days of the date income  is  paid  to  the
28    obligor creates a presumption that the payor knowingly failed
29    to pay the amounts.  This penalty may be collected in a civil
30    action which may be brought against the payor in favor of the
31    obligee.   For  purposes  of  this Section, a withheld amount
32    shall be considered paid by a payor on the date it is  mailed
33    by  the payor, or on the date an electronic funds transfer of
34    the amount has been initiated by the payor, or  on  the  date
                            -189-              LRB9005376SMmb
 1    delivery  of  the amount has been initiated by the payor. For
 2    each deduction, the payor shall provide the obligee or public
 3    office, at the time of transmittal, with the date income  was
 4    paid from which support was withheld.
 5        Upon  receipt of an order requiring that a minor child be
 6    named as a beneficiary of a health insurance  plan  available
 7    through  an  employer  or  labor  union  or  trade union, the
 8    employer or labor union  or  trade  union  shall  immediately
 9    enroll  the  minor  child  as a beneficiary in the the health
10    insurance plan designated by the court  order.  The  employer
11    shall withhold any required premiums and pay over any amounts
12    so  withheld  and any additional amounts the employer pays to
13    the insurance carrier in a timely manner.   The  employer  or
14    labor  union or trade union shall mail to the obligee, within
15    15 days of enrollment or upon request, notice of the date  of
16    coverage, information on the dependent coverage plan, and all
17    forms  necessary  to  obtain reimbursement for covered health
18    expenses, such as would be made available to a new  employee.
19    When  an  order  for  dependent coverage is in effect and the
20    insurance coverage is terminated or changed for  any  reason,
21    the  employer  or labor union or trade union shall notify the
22    obligee within 10 days of  the  termination  or  change  date
23    along with notice of conversion privileges.
24        For withholding of income, the payor shall be entitled to
25    receive a fee not to exceed $5 per month to be taken from the
26    income to be paid to the obligor.
27        (2)  Whenever  the  obligor is no longer receiving income
28    from the payor, the payor shall return a copy  of  the  order
29    for  withholding  to  the  obligee or public office and shall
30    provide  information  for  the  purpose  of  enforcing   this
31    Section.
32        (3)  Withholding  of  income  under this Section shall be
33    made without regard to any prior or subsequent  garnishments,
34    attachments,   wage  assignments,  or  any  other  claims  of
                            -190-              LRB9005376SMmb
 1    creditors.  Withholding of income under  this  Section  shall
 2    not  be  in excess of the maximum amounts permitted under the
 3    federal Consumer Credit Protection Act. If the payor has been
 4    served with more than one order for withholding pertaining to
 5    the same obligor, the payor shall allocate  income  available
 6    for  withholding  on  a  proportionate  share  basis,  giving
 7    priority to current support payments.  If there is any income
 8    available  for  withholding after withholding for all current
 9    support obligations, the payor shall allocate the  income  to
10    past  due  support  payments  ordered in non-AFDC matters and
11    then to past due support payments ordered  in  AFDC  matters,
12    both  on  a proportionate share basis. Payment as required by
13    the order for withholding shall be a complete defense by  the
14    payor  against  any claims of the obligor or his creditors as
15    to the sum so paid.
16        (4)  No payor shall discharge, discipline, refuse to hire
17    or otherwise penalize any obligor  because  of  the  duty  to
18    withhold income.
19    (H)  Petitions  to  Stay  Service  or  to  Modify, Suspend or
20    Terminate Orders for Withholding.
21        (1)  When an obligor files a petition  to  stay  service,
22    the  court,  after  due notice to all parties, shall hear the
23    matter as soon  as  practicable  and  shall  enter  an  order
24    granting   or   denying   relief,   amending  the  notice  of
25    delinquency,  amending  the  order  for   withholding   where
26    applicable,  or otherwise resolving the matter.  If the court
27    finds  that  a  delinquency  existed  when  the   notice   of
28    delinquency  was  served upon the obligor, in an amount of at
29    least one month's support obligation, or that the obligor was
30    at least 30 days late in paying all or part of the order  for
31    support, the court shall order immediate service of the order
32    for withholding.  Where the court cannot promptly resolve any
33    dispute  over  the  amount  of the delinquency, the court may
34    order immediate service of the order for  withholding  as  to
                            -191-              LRB9005376SMmb
 1    any  undisputed  amounts  specified  in  an amended notice of
 2    delinquency, and may continue the  hearing  on  the  disputed
 3    amounts.
 4        (2)  At  any  time, an obligor, obligee, public office or
 5    Clerk of the Circuit Court may petition the court to:
 6             (a)  modify, suspend  or  terminate  the  order  for
 7        withholding  because  of  a  modification,  suspension or
 8        termination of the underlying order for support; or
 9             (b)  modify the amount of income to be  withheld  to
10        reflect  payment in full or in part of the delinquency or
11        arrearage by income withholding or otherwise; or
12             (c)  suspend the order for  withholding  because  of
13        inability  to  deliver income withheld to the obligee due
14        to the obligee's failure to provide a mailing address  or
15        other means of delivery.
16        (3)  The obligor, obligee or public office shall serve on
17    the  payor, by certified mail or personal delivery, a copy of
18    any order entered pursuant to this  subsection  that  affects
19    the duties of the payor.
20        (4)  At any time, a public office or Clerk of the Circuit
21    Court may serve a notice on the payor to:
22             (a)  cease  withholding  of  income  for  payment of
23        current support for a child when the  support  obligation
24        for  that  child has automatically ceased under the order
25        for support through emancipation or otherwise; or
26             (b)  cease withholding  of  income  for  payment  of
27        delinquency   or   arrearage   when  the  delinquency  or
28        arrearage has been paid in full.
29        (5)  The notice provided for under paragraph (4) of  this
30    subsection shall be served on the payor by ordinary mail, and
31    a  copy  shall be provided to the obligor and the obligee.  A
32    copy of the notice shall be  filed  with  the  Clerk  of  the
33    Circuit Court.
34        (6)  The  order  for  withholding  shall  continue  to be
                            -192-              LRB9005376SMmb
 1    binding upon the payor until service  of  any  order  of  the
 2    court   or   notice   entered  or  provided  for  under  this
 3    subsection.
 4    (I)  Additional Duties.
 5        (1)  An  obligee  who  is  receiving  income  withholding
 6    payments under this Section shall notify the  payor,  if  the
 7    obligee receives the payments directly from the payor, or the
 8    public   office  or  the  Clerk  of  the  Circuit  Court,  as
 9    appropriate, of any change of address within 7 days  of  such
10    change.
11        (2)  An  obligee  who  is a recipient of public aid shall
12    send a copy of any notice of delinquency  filed  pursuant  to
13    subsection (C) to the Bureau of Child Support of the Illinois
14    Department of Revenue Public Aid.
15        (3)  Each  obligor shall notify the obligee and the Clerk
16    of the Circuit Court of any change of address within 7 days.
17        (4)  An obligor whose income is being withheld or who has
18    been served with a notice of  delinquency  pursuant  to  this
19    Section shall notify the obligee and the Clerk of the Circuit
20    Court of any new payor, within 7 days.
21        (5)  When  the  Illinois Department of Revenue Public Aid
22    is no longer authorized to receive payments for the  obligee,
23    it   shall,  within  7  days,  notify  the  payor  or,  where
24    appropriate, the Clerk of  the  Circuit  Court,  to  redirect
25    income withholding payments to the obligee.
26        (6)  The obligee or public office shall provide notice to
27    the payor and Clerk of the Circuit Court of any other support
28    payment  made,  including but not limited to, a set-off under
29    federal and State law or partial payment of  the  delinquency
30    or arrearage, or both.
31        (7)  Any  public  office  and  Clerk of the Circuit Court
32    which collects, disburses or receives  payments  pursuant  to
33    orders for withholding shall maintain complete, accurate, and
34    clear  records  of  all  payments  and  their  disbursements.
                            -193-              LRB9005376SMmb
 1    Certified  copies  of  payment records maintained by a public
 2    office or Clerk of the Circuit Court shall,  without  further
 3    proof,  be  admitted  into  evidence in any legal proceedings
 4    under this Section.
 5        (8)  The Illinois Department of Revenue Public Aid  shall
 6    design  suggested  legal  forms  for  proceeding  under  this
 7    Section and shall make available to the courts such forms and
 8    informational  materials  which  describe  the procedures and
 9    remedies set forth herein for distribution to all parties  in
10    support actions.
11        (9)  At  the  time  of transmitting each support payment,
12    the clerk of the circuit court shall provide the  obligee  or
13    public office, as appropriate, with any information furnished
14    by  the  payor as to the date income was paid from which such
15    support was withheld.
16    (J)  Penalties.
17        (1)  Where a payor wilfully fails to withhold or pay over
18    income pursuant to a  properly  served,  specially  certified
19    order  for  withholding  and  any  notice  of delinquency, or
20    wilfully  discharges,  disciplines,  refuses   to   hire   or
21    otherwise  penalizes  an  obligor as prohibited by subsection
22    (G), or otherwise fails to comply with any duties imposed  by
23    this  Section,  the  obligee,  public  office  or obligor, as
24    appropriate, may file a complaint with the court against  the
25    payor.   The  clerk  of  the  circuit  court shall notify the
26    obligee or public office, as appropriate, and the obligor and
27    payor of the time and place of the hearing on the  complaint.
28    The  court  shall  resolve any factual dispute including, but
29    not limited to, a denial that the payor is paying or has paid
30    income to the obligor.   Upon  a  finding  in  favor  of  the
31    complaining party, the court:
32             (a)  shall enter judgment and direct the enforcement
33        thereof  for  the  total  amount  that the payor wilfully
34        failed to withhold or pay over; and
                            -194-              LRB9005376SMmb
 1             (b)  may order employment  or  reinstatement  of  or
 2        restitution  to  the  obligor, or both, where the obligor
 3        has been discharged, disciplined,  denied  employment  or
 4        otherwise  penalized  by  the payor and may impose a fine
 5        upon the payor not to exceed $200.
 6        (2)  Any obligee, public office or obligor  who  wilfully
 7    initiates  a  false  proceeding  under  this  Section  or who
 8    wilfully fails  to  comply  with  the  requirements  of  this
 9    Section shall be punished as in cases of contempt of court.
10    (K)  Alternative Procedures for Entry and Service of an Order
11    for Withholding.
12        (1)  Effective January 1, 1987, in any matter in which an
13    order  for  withholding  has not been entered for any reason,
14    based upon the last order for support that has been  entered,
15    and  in which the obligor has become delinquent in payment of
16    an amount equal to at least one  month's  support  obligation
17    pursuant to the last order for support or is at least 30 days
18    late  in complying with all or part of the order for support,
19    the obligee or public office may prepare and serve  an  order
20    for  withholding pursuant to the procedures set forth in this
21    subsection.
22        (2)  The obligee or public office shall:
23             (a)  prepare a proposed order  for  withholding  for
24        immediate  service  as provided by paragraphs (1) and (3)
25        of  subsection  (B),  except   that   the   minimum   20%
26        delinquency payment shall be used;
27             (b)  prepare  a notice of delinquency as provided by
28        paragraphs (1) and (2)  of  subsection  (C),  except  the
29        notice shall state further that the order for withholding
30        has  not  been  entered  by  the court and the conditions
31        under which the order will be entered; and
32             (c)  serve  the  notice  of  delinquency  and   form
33        petition  to stay service as provided by paragraph (3) of
34        subsection (C), together  with  the  proposed  order  for
                            -195-              LRB9005376SMmb
 1        withholding, which shall be marked "COPY ONLY".
 2        (3)  After  20  days  following  service of the notice of
 3    delinquency and proposed order for withholding,  in  lieu  of
 4    the  provisions  of  subsection  (E),  the  obligee or public
 5    office shall file with the Clerk  of  the  Circuit  Court  an
 6    affidavit,  with  a  copy  of  the  notice of delinquency and
 7    proposed order  for  withholding  attached  thereto,  stating
 8    that:
 9             (a)  the  notice  of  delinquency and proposed order
10        for withholding have been served upon the obligor and the
11        date on which service was effected;
12             (b)  the obligor has not filed a  petition  to  stay
13        service  within  20  days  of  service of such notice and
14        order; and
15             (c)  the proposed order for  withholding  accurately
16        states  the terms and amounts contained in the last order
17        for support.
18        (4)  Upon the court's satisfaction  that  the  procedures
19    set  forth  in  this subsection have been met, it shall enter
20    the order for withholding.
21        (5)  The Clerk shall  then  provide  to  the  obligee  or
22    public  office  a  specially  certified copy of the order for
23    withholding and the notice of delinquency indicating that the
24    preconditions for service have been met.
25        (6)  The  obligee  or  public  office  shall  serve   the
26    specially  certified  copies of the order for withholding and
27    the notice of delinquency on the payor,  its  superintendent,
28    manager   or  other  agent  by  certified  mail  or  personal
29    delivery.  A proof of service shall be filed with  the  Clerk
30    of the Circuit Court.
31        (7)  If  the  obligor  requests  in  writing  that income
32    withholding become effective prior to becoming delinquent  in
33    payment  of an amount equal to one month's support obligation
34    pursuant to the last order for support, or prior to  becoming
                            -196-              LRB9005376SMmb
 1    30  days late in paying all or part of the order for support,
 2    the obligee or public office shall file an affidavit with the
 3    Clerk of  the  circuit  Court,  with  a  proposed  order  for
 4    withholding   attached,   stating  that  the  proposed  order
 5    accurately states the terms and amounts contained in the last
 6    order for support and the  obligor's  request  for  immediate
 7    service.    The  provisions  of paragraphs (4) through (6) of
 8    this  subsection  shall  apply,  except  that  a  notice   of
 9    delinquency shall not be required.
10        (8)  All  other  provisions  of  this  Section  shall  be
11    applicable  with respect to the provisions of this subsection
12    (K), except that under paragraph (1) of subsection  (H),  the
13    court  may  also  amend the proposed order for withholding to
14    conform to the last order for support.
15        (9)  Nothing in this subsection  shall  be  construed  as
16    limiting  the requirements of paragraph (1) of subsection (B)
17    with respect to the entry of a separate order for withholding
18    upon entry of any order for support.
19    (L)  Remedies in Addition to Other Laws.
20        (1)  The rights, remedies, duties and  penalties  created
21    by  this  Section  are in addition to and not in substitution
22    for any other rights, remedies, duties and penalties  created
23    by any other law.
24        (2)  Nothing  in  this  Section  shall  be  construed  as
25    invalidating  any  assignment  of  wages or benefits executed
26    prior to January 1, 1984.
27    (Source: P.A. 88-26; 88-45; 88-94;  88-131;  88-307;  88-670,
28    eff. 12-2-94; 89-507, eff. 7-1-97.)
29        (750 ILCS 20/29) (from Ch. 40, par. 1229)
30        Sec.   29.   Additional  duty  of  initiating  court.  An
31    initiating court shall receive  and  disburse  forthwith  all
32    payments made by the obligor or sent by the responding court.
33    This  duty may be carried out through the clerk of the court.
                            -197-              LRB9005376SMmb
 1    On and after the effective date of  this  amendatory  Act  of
 2    1997,  any reference to the Illinois Department of Public Aid
 3    in this Section shall be a reference  to  the  Department  of
 4    Revenue and any reference to the Public Assistance Recoveries
 5    Trust  Fund  shall  be  a  reference  to  the  Child  Support
 6    Recoveries  Trust  Fund.  If the obligee and other dependents
 7    for whom support or reimbursement therefor has  been  ordered
 8    pursuant  to  Section 24 of this Act are recipients of public
 9    aid under the Illinois Public Aid Code, each  court  of  this
10    State,  in  respect  to payments received by it as initiating
11    court, shall order such payments to be transmitted to (1) the
12    Illinois Department of  Public  Aid  if  the  obligee,  other
13    dependents,  or  both,  are  recipients of aid under Articles
14    III, IV or V of the Code, or (2) the local governmental  unit
15    responsible for the support of the obligee, other dependents,
16    or  both,  if they are recipients under Articles VI or VII of
17    the Code. In accordance with federal law and regulations, the
18    Illinois Department of Public Aid  may  continue  to  collect
19    current  maintenance  payments  or child support payments, or
20    both, after those persons cease to receive public  assistance
21    and  until  termination  of  services  under Article X of the
22    Illinois Public Aid Code.  The Illinois Department of  Public
23    Aid shall pay the net amount collected to those persons after
24    deducting  any costs incurred in making the collection or any
25    collection fee from the amount of  any  recovery  made.  Upon
26    removal  of  the obligee, other dependents, or both, from the
27    public aid  rolls  or  upon  termination  of  services  under
28    Article  X  of  the  Illinois  Public  Aid Code, the Illinois
29    Department or  the  local  governmental  unit,  as  the  case
30    requires,  shall  give notice of such action in writing or by
31    electronic transmission to the court, together  with  request
32    that subsequent payments be made directly to the obligee, the
33    other  dependents, or both, or to some other person or agency
34    in their behalf.
                            -198-              LRB9005376SMmb
 1        Upon   notification   in   writing   or   by   electronic
 2    transmission from the Illinois Department of  Public  Aid  to
 3    the clerk of the court that a person who is receiving support
 4    payments  under  this Section is receiving services under the
 5    Child Support Enforcement Program established by  Title  IV-D
 6    of the Social Security Act, any support payments subsequently
 7    received  by  the  clerk of the court shall be transmitted in
 8    accordance with the instructions of the  Illinois  Department
 9    of  Public Aid until the Department gives notice to the clerk
10    of the court to cease the transmittal.  After  providing  the
11    notification  authorized  under  this paragraph, the Illinois
12    Department of Public Aid shall be  entitled  as  a  party  to
13    notice  of any further proceedings in the case.  The clerk of
14    the court shall file a copy of  the  Illinois  Department  of
15    Public  Aid's notification in the court file.  The failure of
16    the clerk to file a copy of the  notification  in  the  court
17    file  shall  not,  however, affect the Illinois Department of
18    Public Aid's right to receive notice of further proceedings.
19        Payments under this Section to the Illinois Department of
20    Public Aid pursuant to the Child Support Enforcement  Program
21    established by Title IV-D of the Social Security Act shall be
22    paid into the Child Support Enforcement Trust Fund. All other
23    payments  under  this  Section  to the Illinois Department of
24    Public Aid  shall  be  deposited  in  the  Public  Assistance
25    Recoveries  Trust  Fund. Disbursements from these funds shall
26    be as provided in the  Illinois  Public  Aid  Code.  Payments
27    received  by  a local governmental unit shall be deposited in
28    that unit's General Assistance Fund.
29    (Source: P.A. 88-687, eff. 1-24-95.)
30        Section 40.   The  Illinois  Parentage  Act  of  1984  is
31    amended by changing Sections 20, 21, and 22 as follows:
32        (750 ILCS 45/20) (from Ch. 40, par. 2520)
                            -199-              LRB9005376SMmb
 1        (Text of Section before amendment by P.A. 89-507)
 2        Sec.  20.  Withholding  of  Income  to  Secure Payment of
 3    Support.
 4    (A)  Definitions.
 5        (1)  "Order for support" means any  order  of  the  court
 6    which  provides for periodic payment of funds for the support
 7    of a child, whether temporary or final, and includes any such
 8    order which provides for:
 9             (a)  modification or resumption of,  or  payment  of
10        arrearage accrued under, a previously existing order;
11             (b)  reimbursement of support;
12             (c)  payment  or  reimbursement  of  the  expense of
13        pregnancy and delivery;  or
14             (d)  enrollment in a health insurance plan  that  is
15        available  to  the  obligor  through an employer or labor
16        union or trade union.
17        (2)  "Arrearage" means the total amount of unpaid support
18    obligations.
19        (3)  "Delinquency" means any payment under an  order  for
20    support  which  becomes due and remains unpaid after an order
21    for withholding has been entered under subsection (B) or, for
22    purposes of subsection (K), after the last order for  support
23    was entered for which no order for withholding was entered.
24        (4)  "Income"  means  any  form of periodic payment to an
25    individual, regardless of source, including, but not  limited
26    to: wages, salary, commission, compensation as an independent
27    contractor,  workers'  compensation,  disability, annuity and
28    retirement  benefits,   lottery   prize   awards,   insurance
29    proceeds,  vacation pay, bonuses, profit-sharing payments and
30    any other payments,  made  by  any  person,  private  entity,
31    federal  or  state  government, any unit of local government,
32    school district or any entity created by Public Act; however,
33    "income" excludes:
34             (a)  any amounts required by  law  to  be  withheld,
                            -200-              LRB9005376SMmb
 1        other  than  creditor  claims, including, but not limited
 2        to, federal, State and local taxes, Social  Security  and
 3        other retirement and disability contributions;
 4             (b)  union dues;
 5             (c)  any  amounts  exempted  by the federal Consumer
 6        Credit Protection Act;
 7             (d)  public assistance payments; and
 8             (e)  unemployment  insurance  benefits   except   as
 9        provided by law.
10        Any  other  State  or  local  laws  which limit or exempt
11    income or the amount or percentage  of  income  that  can  be
12    withheld shall not apply.
13        (5)  "Obligor"  means  the  individual who owes a duty to
14    make payments under an order for support.
15        (6)  "Obligee" means the individual to  whom  a  duty  of
16    support is owed or the individual's legal representative.
17        (7)  "Payor" means any payor of income to an obligor.
18        (8)  "Public  office"  means  any elected official or any
19    State or local agency which is or may become  responsible  by
20    law  for enforcement of, or which is or may become authorized
21    to enforce, an order for support, including, but not  limited
22    to:  the Attorney General, the Illinois Department of Revenue
23    Public Aid, the Illinois  Department  of  Mental  Health  and
24    Developmental   Disabilities,   the  Illinois  Department  of
25    Children  and  Family  Services,  and  the  various   State's
26    Attorneys,  Clerks  of  the  Circuit Court and supervisors of
27    general assistance.
28        (9)  "Premium" means the  dollar  amount  for  which  the
29    obligor  is  liable  to  his employer or labor union or trade
30    union and which must be paid to enroll or maintain a child in
31    a health insurance plan that  is  available  to  the  obligor
32    through an employer or labor union or trade union.
33    (B)  Entry of an Order for Withholding.
34        (1)  Upon entry of any order for support on or after July
                            -201-              LRB9005376SMmb
 1    1,   1985,  the  court  shall  enter  a  separate  order  for
 2    withholding which shall not take effect  unless  the  obligor
 3    becomes  delinquent  in  paying  the order for support or the
 4    obligor requests an earlier effective date; except  that  the
 5    court  may  require  the order for withholding to take effect
 6    immediately.
 7        On or after January 1, 1989, the court shall require  the
 8    order  for  withholding  to take effect immediately, unless a
 9    written agreement is  reached  between  and  signed  by  both
10    parties  providing  for  an alternative arrangement, approved
11    and entered into the  record  by  the  court,  which  insures
12    payment  of support.  In that case, the court shall enter the
13    order for withholding which will not take effect  unless  the
14    obligor becomes delinquent in paying the order for support.
15        Upon  entry of any order of support on or after September
16    11, 1989, if the obligor is not a United States citizen,  the
17    obligor  shall  provide  to  the  court  the  obligor's alien
18    registration number,  passport  number,  and  home  country's
19    social security or national health number, if applicable; the
20    court  shall  make  the information part of the record in the
21    case.
22        (2)  An order  for  withholding  shall  be  entered  upon
23    petition  by  the obligee or public office where an order for
24    withholding has not been previously entered.
25        (3)  The order for withholding shall:
26             (a)  direct any payor to withhold  a  dollar  amount
27        equal to the order for support; and
28             (b)  direct  any  payor  to  withhold  an additional
29        dollar amount,  not  less  than  20%  of  the  order  for
30        support,  until payment in full of any delinquency stated
31        in the notice of delinquency provided for  in  subsection
32        (C) or (F) of this Section; and
33             (c)  direct  any payor or labor union or trade union
34        to enroll a child as a beneficiary of a health  insurance
                            -202-              LRB9005376SMmb
 1        plan and withhold or cause to be withheld, if applicable,
 2        any required premiums; and
 3             (d)  state  the  rights,  remedies and duties of the
 4        obligor under this Section; and
 5             (e)  include the obligor's Social  Security  Number,
 6        which the obligor shall disclose to the court; and
 7             (f)  include  the  date that withholding for current
 8        support  terminates,  which  shall   be   the   date   of
 9        termination  of  the current support obligation set forth
10        in the order for support.
11        (4)  At the time the order for  withholding  is  entered,
12    the  Clerk  of  the Circuit Court shall provide a copy of the
13    order for withholding  and  the  order  for  support  to  the
14    obligor  and  shall  make copies available to the obligee and
15    public  office.   Any  copy  of  the  order  for  withholding
16    furnished to the  parties  under  this  subsection  shall  be
17    stamped "Not Valid".
18        (5)  The order for withholding shall remain in effect for
19    as long as the order for support upon which it is based.
20        (6)  The  failure of an order for withholding to state an
21    arrearage is not  conclusive  of  the  issue  of  whether  an
22    arrearage is owing.
23        (7)  Notwithstanding  the  provisions of this subsection,
24    if the court finds at the time of any hearing that  arrearage
25    has  accrued  in  an  amount  equal  to  at least one month's
26    support obligation or that the obligor is  30  days  late  in
27    paying  all or part of the order for support, the court shall
28    order immediate service of the order for withholding upon the
29    payor.
30        (8)  Where the court has not required that the order  for
31    withholding  take  effect  immediately, the obligee or public
32    office  may  prepare  and  serve  a  notice   for   immediate
33    withholding  upon  the  obligor by ordinary mail addressed to
34    the obligor at his or her last  known  address.   The  notice
                            -203-              LRB9005376SMmb
 1    shall state that the following circumstances have occurred:
 2             (a)  The  parties'  written  agreement  providing an
 3        alternative arrangement to  immediate  withholding  under
 4        paragraph  (1)  of this subsection no longer provides for
 5        timely payment of all support due; or
 6             (b)  The obligor has not  made  timely  payments  in
 7        that  the obligor has been at least 7 days late in paying
 8        all or part of the order for support any of  the  last  6
 9        consecutive  dates payments were due prior to the date of
10        the notice for immediate withholding.
11        The notice for immediate withholding shall clearly  state
12    that  a specially certified copy of the order for withholding
13    will be sent  to  the  payor,  unless  the  obligor  files  a
14    petition  contesting  immediate  withholding  within  20 days
15    after service of the notice; however,  the  grounds  for  the
16    petition shall be limited to a dispute concerning whether the
17    circumstances  stated  in  the  notice  have  occurred or the
18    identity of the obligor.  It shall not  be  grounds  for  the
19    petition  that  the  obligor has made all payments due by the
20    date of the petition.
21        If the obligor  files  a  petition  contesting  immediate
22    withholding  within  the  20-day  period  required under this
23    paragraph, the Clerk of the Circuit Court  shall  notify  the
24    obligor  and the obligee or public office, as appropriate, of
25    the time and place of the  hearing  on  the  petition.   Upon
26    hearing the petition, the court shall enter an order granting
27    or  denying relief.  It shall not be grounds for granting the
28    obligor's petition that he or she has made all  payments  due
29    by  the  date  of hearing.  If the court denies the obligor's
30    petition, it shall order immediate service of the  order  for
31    withholding  and  direct  the  clerk  to  provide a specially
32    certified copy of the order for withholding to the obligee or
33    public office indicating that the requirements for  immediate
34    withholding under this paragraph have been met.
                            -204-              LRB9005376SMmb
 1        If  the  obligor  does  not  file  a  petition contesting
 2    immediate withholding within the 20-day period,  the  obligee
 3    or  public  office  shall  file with the Clerk of the Circuit
 4    Court an affidavit, with a copy of the notice  for  immediate
 5    withholding  attached  thereto,  stating  that the notice was
 6    duly served and the date on which service was  effected,  and
 7    that   the  obligor  has  not  filed  a  petition  contesting
 8    immediate withholding.  The clerk shall then provide  to  the
 9    obligee  or  public  office a specially certified copy of the
10    order for withholding indicating that  the  requirements  for
11    immediate withholding under this paragraph have been met.
12        Upon  receipt  of a specially certified copy of the order
13    for withholding, the obligee or public office may  serve  the
14    order  on  the  payor,  its  superintendent, manager or other
15    agent, by certified mail or personal delivery.   A  proof  of
16    service shall be filed with the Clerk of the Circuit Court.
17    (C)  Notice of Delinquency.
18        (1)  Whenever an obligor becomes delinquent in payment of
19    an  amount  equal  to at least one month's support obligation
20    pursuant to the order for support or is at least 30 days late
21    in complying with all or  part  of  the  order  for  support,
22    whichever  occurs  first,  the  obligee  or public office may
23    prepare and serve a verified notice of delinquency,  together
24    with  a  form petition to stay service, pursuant to paragraph
25    (3) of this subsection.
26        (2)  The notice of delinquency shall recite the terms  of
27    the order for support and contain a computation of the period
28    and  total  amount  of the delinquency, as of the date of the
29    notice.  The notice shall clearly state that it will be  sent
30    to the payor, together with a specially certified copy of the
31    order  for withholding, except as provided in subsection (F),
32    unless the obligor  files  a  petition  to  stay  service  in
33    accordance with paragraph (1) of subsection (D).
34        (3)  The   notice  of  delinquency  shall  be  served  by
                            -205-              LRB9005376SMmb
 1    ordinary mail addressed to the obligor at  his  or  her  last
 2    known address.
 3        (4)  The  obligor  may  execute  a  written waiver of the
 4    provisions of paragraphs (1) through (3) of  this  subsection
 5    and request immediate service upon the payor.
 6    (D)  Procedures to Avoid Income Withholding.
 7        (1)  Except  as  provided  in subsection (F), the obligor
 8    may prevent an order for withholding  from  being  served  by
 9    filing  a  petition  to  stay  service  with the Clerk of the
10    Circuit Court, within 20 days after service of the notice  of
11    delinquency;  however,  the  grounds for the petition to stay
12    service shall be limited to a  dispute  concerning:  (a)  the
13    amount  of  current support or the existence or amount of the
14    delinquency; or (b) the identity of the obligor.
15        The Clerk of the Circuit Court shall notify  the  obligor
16    and the obligee or public office, as appropriate, of the time
17    and place of the hearing on the petition to stay service. The
18    court  shall  hold such hearing pursuant to the provisions of
19    subsection (H).
20        (2)  Except as provided in subsection (F),  filing  of  a
21    petition  to  stay service, within the 20-day period required
22    under this subsection, shall prohibit the obligee  or  public
23    office from serving the order for withholding on any payor of
24    the obligor.
25    (E)  Initial Service of Order for Withholding.
26        (1)  Except  as  provided  in subsection (F), in order to
27    serve an order for withholding upon a payor,  an  obligee  or
28    public  office  shall follow the procedures set forth in this
29    subsection.  After 20 days following service of the notice of
30    delinquency, the obligee or public office shall file with the
31    Clerk of the Circuit Court an affidavit, with the copy of the
32    notice of delinquency attached thereto, stating:
33             (a)  that the notice of delinquency  has  been  duly
                            -206-              LRB9005376SMmb
 1        served and the date on which service was effected; and
 2             (b)  that  the  obligor  has not filed a petition to
 3        stay service, or in the alternative
 4             (c)  that the obligor has waived the  provisions  of
 5        subparagraphs  (a)  and  (b)  of  this  paragraph  (1) in
 6        accordance with subsection (C)(4).
 7        (2)  Upon request of the obligee or  public  office,  the
 8    Clerk  of  the  Circuit  Court  shall: (a) make available any
 9    record of payment; and (b) determine that the file contains a
10    copy of the affidavit described in paragraph (1).  The  Clerk
11    shall  then  provide  to  the  obligee  or  public  office  a
12    specially certified copy of the order for withholding and the
13    notice  of  delinquency indicating that the preconditions for
14    service have been met.
15        (3)  The obligee or public  office  may  then  serve  the
16    notice of delinquency and order for withholding on the payor,
17    its superintendent, manager or other agent, by certified mail
18    or personal delivery.  A proof of service shall be filed with
19    the Clerk of the Circuit Court.
20    (F)  Subsequent Service of Order for Withholding.
21        (1)  Notwithstanding  the  provisions of this Section, at
22    any time after the court has ordered immediate service of  an
23    order  for  withholding  or after initial service of an order
24    for withholding pursuant to subsection (E),  the  obligee  or
25    public  office  may  serve the order for withholding upon any
26    payor of the obligor without further notice to  the  obligor.
27    The  obligee  or  public  office  shall provide notice to the
28    payor, pursuant to paragraph (6) of subsection  (I),  of  any
29    payments  that have been made through previous withholding or
30    any other method.
31        (2)  The Clerk of the Circuit Court shall, upon  request,
32    provide the obligee or public office with specially certified
33    copies  of  the  order  for  withholding  or  the  notice  of
34    delinquency  or both whenever the Court has ordered immediate
                            -207-              LRB9005376SMmb
 1    service of an order for withholding or an affidavit has  been
 2    placed  in  the  court file indicating that the preconditions
 3    for service have been previously met.  The obligee or  public
 4    office may then serve the order for withholding on the payor,
 5    its  superintendent, manager or other agent by certified mail
 6    or personal delivery.  A proof of service shall be filed with
 7    the Clerk of the Circuit Court.
 8        (3)  If a delinquency has accrued  for  any  reason,  the
 9    obligee  or  public  office may serve a notice of delinquency
10    upon the obligor pursuant to subsection (C).  The obligor may
11    prevent the notice of delinquency from being served upon  the
12    payor  by  utilizing  the  procedures set forth in subsection
13    (D). If no petition to stay service has been filed within the
14    required 20 day time period, the obligee or public office may
15    serve the notice of delinquency on the payor by utilizing the
16    procedures for service set forth in subsection (E).
17    (G)  Duties of Payor.
18        (1)  It shall be the duty  of  any  payor  who  has  been
19    served  with  a  copy  of  the  specially certified order for
20    withholding and any notice of delinquency to deduct  and  pay
21    over  income as provided in this subsection.  The payor shall
22    deduct the amount designated in the order for withholding, as
23    supplemented by the notice  of  delinquency  and  any  notice
24    provided   pursuant  to  paragraph  (6)  of  subsection  (I),
25    beginning no later than the next payment of income  which  is
26    payable to the obligor that occurs 14 days following the date
27    the  order  and  any  notice were mailed by certified mail or
28    placed for personal delivery.   The  payor  may  combine  all
29    amounts  withheld  for  the  benefit  of an obligee or public
30    office into a single payment and transmit the payment with  a
31    listing  of obligors from whom withholding has been effected.
32    The payor shall pay the amount withheld  to  the  obligee  or
33    public  office  within 10 calendar days of the date income is
34    paid  to  the  obligor  in  accordance  with  the  order  for
                            -208-              LRB9005376SMmb
 1    withholding and any subsequent notification received from the
 2    public office redirecting payments. If  the  payor  knowingly
 3    fails  to  pay  any  amount withheld to the obligee or public
 4    office within 10 calendar days of the date income is paid  to
 5    the  obligor,  the payor shall pay a penalty of $100 for each
 6    day that the withheld amount is not paid to  the  obligee  or
 7    public  office  after  the  period  of  10  calendar days has
 8    expired.  The failure of a payor, on more than one  occasion,
 9    to  pay  amounts  withheld  to  the  obligee or public office
10    within 10 calendar days of the date income  is  paid  to  the
11    obligor creates a presumption that the payor knowingly failed
12    to pay the amounts.  This penalty may be collected in a civil
13    action which may be brought against the payor in favor of the
14    obligee.   For  purposes  of  this Section, a withheld amount
15    shall be considered paid by a payor on the date it is  mailed
16    by  the payor, or on the date an electronic funds transfer of
17    the amount has been initiated by the payor, or  on  the  date
18    delivery  of  the amount has been initiated by the payor. For
19    each deduction, the payor shall provide the obligee or public
20    office, at the time of transmittal, with the date income  was
21    paid from which support was withheld.
22        Upon  receipt of an order requiring that a minor child be
23    named as a beneficiary of a health insurance  plan  available
24    through  an  employer  or  labor  union  or  trade union, the
25    employer or labor union  or  trade  union  shall  immediately
26    enroll  the  minor  child  as  a  beneficiary  in  the health
27    insurance plan designated by the court  order.  The  employer
28    shall withhold any required premiums and pay over any amounts
29    so  withheld  and any additional amounts the employer pays to
30    the insurance carrier in a timely manner.   The  employer  or
31    labor  union or trade union shall mail to the obligee, within
32    15 days of enrollment or upon request, notice of the date  of
33    coverage, information on the dependent coverage plan, and all
34    forms  necessary  to  obtain reimbursement for covered health
                            -209-              LRB9005376SMmb
 1    expenses, such as would be made available to a new  employee.
 2    When  an  order  for  dependent coverage is in effect and the
 3    insurance coverage is terminated or changed for  any  reason,
 4    the  employer  or labor union or trade union shall notify the
 5    obligee within 10 days of  the  termination  or  change  date
 6    along with notice of conversion privileges.
 7        For withholding of income, the payor shall be entitled to
 8    receive a fee not to exceed $5 per month to be taken from the
 9    income to be paid to the obligor.
10        (2)  Whenever  the  obligor is no longer receiving income
11    from the payor, the payor shall return a copy  of  the  order
12    for  withholding  to  the  obligee or public office and shall
13    provide  information  for  the  purpose  of  enforcing   this
14    Section.
15        (3)  Withholding  of  income  under this Section shall be
16    made without regard to any prior or subsequent  garnishments,
17    attachments,   wage  assignments,  or  any  other  claims  of
18    creditors.  Withholding of income under  this  Section  shall
19    not  be  in excess of the maximum amounts permitted under the
20    federal Consumer Credit Protection Act. If the payor has been
21    served with more than one order for withholding pertaining to
22    the same obligor, the payor shall allocate  income  available
23    for  withholding  on  a  proportionate  share  basis,  giving
24    priority to current support payments.  If there is any income
25    available  for  withholding after withholding for all current
26    support obligations, the payor shall allocate the  income  to
27    past  due  support  payments  ordered in non-AFDC matters and
28    then to past due support payments ordered  in  AFDC  matters,
29    both  on  a proportionate share basis. Payment as required by
30    the order for withholding shall be a complete defense by  the
31    payor  against  any claims of the obligor or his creditors as
32    to the sum so paid.
33        (4)  No payor shall discharge, discipline, refuse to hire
34    or otherwise penalize any obligor  because  of  the  duty  to
                            -210-              LRB9005376SMmb
 1    withhold income.
 2    (H)  Petitions  to  Stay  Service  or  to  Modify, Suspend or
 3    Terminate Orders for Withholding.
 4        (1)  When an obligor files a petition  to  stay  service,
 5    the  court,  after  due notice to all parties, shall hear the
 6    matter as soon  as  practicable  and  shall  enter  an  order
 7    granting   or   denying   relief,   amending  the  notice  of
 8    delinquency,  amending  the  order  for  withholding,   where
 9    applicable,  or otherwise resolving the matter.  If the court
10    finds  that  a  delinquency  existed  when  the   notice   of
11    delinquency  was  served upon the obligor, in an amount of at
12    least one month's support obligation, or that the obligor was
13    at least 30 days late in paying all or part of the order  for
14    support, the court shall order immediate service of the order
15    for withholding.  Where the court cannot promptly resolve any
16    dispute  over  the  amount  of the delinquency, the court may
17    order immediate service of the order for  withholding  as  to
18    any  undisputed  amounts  specified  in  an amended notice of
19    delinquency, and may continue the  hearing  on  the  disputed
20    amounts.
21        (2)  At  any  time, an obligor, obligee, public office or
22    Clerk of the Circuit Court may petition the court to:
23             (a)  modify, suspend  or  terminate  the  order  for
24        withholding  because  of  a  modification,  suspension or
25        termination of the underlying order for support; or
26             (b)  modify the amount of income to be  withheld  to
27        reflect  payment in full or in part of the delinquency or
28        arrearage by income withholding or otherwise; or
29             (c)  suspend the order for  withholding  because  of
30        inability  to  deliver income withheld to the obligee due
31        to the obligee's failure to provide a mailing address  or
32        other means of delivery.
33        (3)  The obligor, obligee or public office shall serve on
34    the  payor, by certified mail or personal delivery, a copy of
                            -211-              LRB9005376SMmb
 1    any order entered pursuant to this  subsection  that  affects
 2    the duties of the payor.
 3        (4)  At any time, a public office or Clerk of the Circuit
 4    Court may serve a notice on the payor to:
 5             (a)  cease  withholding  of  income  for  payment of
 6        current support for a child when the  support  obligation
 7        for  that  child has automatically ceased under the order
 8        for support through emancipation or otherwise; or
 9             (b)  cease withholding  of  income  for  payment  of
10        delinquency   or   arrearage   when  the  delinquency  or
11        arrearage has been paid in full.
12        (5)  The notice provided for under paragraph (4) of  this
13    subsection shall be served on the payor by ordinary mail, and
14    a  copy  shall be provided to the obligor and the obligee.  A
15    copy of the notice shall be  filed  with  the  Clerk  of  the
16    Circuit Court.
17        (6)  The  order  for  withholding  shall  continue  to be
18    binding upon the payor until service  of  any  order  of  the
19    court   or   notice   entered  or  provided  for  under  this
20    subsection.
21    (I)  Additional Duties.
22        (1)  An  obligee  who  is  receiving  income  withholding
23    payments under this Section shall notify the  payor,  if  the
24    obligee receives the payments directly from the payor, or the
25    public   office  or  the  Clerk  of  the  Circuit  Court,  as
26    appropriate, of any change of address within 7 days  of  such
27    change.
28        (2)  An  obligee  who  is a recipient of public aid shall
29    send a copy of any notice of delinquency  filed  pursuant  to
30    subsection (C) to the Bureau of Child Support of the Illinois
31    Department of Revenue Public Aid.
32        (3)  Each  obligor shall notify the obligee and the Clerk
33    of the Circuit Court of any change of address within 7 days.
34        (4)  An obligor whose income is being withheld or who has
                            -212-              LRB9005376SMmb
 1    been served with a notice of  delinquency  pursuant  to  this
 2    Section shall notify the obligee and the Clerk of the Circuit
 3    Court of any new payor, within 7 days.
 4        (5)  When  the  Illinois Department of Revenue Public Aid
 5    is no longer authorized to receive payments for the  obligee,
 6    it   shall,  within  7  days,  notify  the  payor  or,  where
 7    appropriate, the Clerk of  the  Circuit  Court,  to  redirect
 8    income withholding payments to the obligee.
 9        (6)  The obligee or public office shall provide notice to
10    the payor and Clerk of the Circuit Court of any other support
11    payment  made,  including but not limited to, a set-off under
12    federal and State law or partial payment of  the  delinquency
13    or arrearage, or both.
14        (7)  Any  public  office  and  Clerk of the Circuit Court
15    which collects, disburses or receives  payments  pursuant  to
16    orders for withholding shall maintain complete, accurate, and
17    clear  records  of  all  payments  and  their  disbursements.
18    Certified  copies  of  payment records maintained by a public
19    office or Clerk of the Circuit Court shall,  without  further
20    proof,  be  admitted  into  evidence in any legal proceedings
21    under this Section.
22        (8)  The Illinois Department of Revenue Public Aid  shall
23    design  suggested  legal  forms  for  proceeding  under  this
24    Section and shall make available to the courts such forms and
25    informational  materials  which  describe  the procedures and
26    remedies set forth herein for distribution to all parties  in
27    support actions.
28        (9)  At  the  time  of transmitting each support payment,
29    the clerk of the circuit court shall provide the  obligee  or
30    public office, as appropriate, with any information furnished
31    by  the  payor as to the date income was paid from which such
32    support was withheld.
33    (J)  Penalties.
34        (1)  Where a payor wilfully fails to withhold or pay over
                            -213-              LRB9005376SMmb
 1    income pursuant to a  properly  served,  specially  certified
 2    order  for  withholding  and  any  notice  of delinquency, or
 3    wilfully  discharges,  disciplines,  refuses   to   hire   or
 4    otherwise  penalizes  an  obligor as prohibited by subsection
 5    (G), or otherwise fails to comply with any duties imposed  by
 6    this  Section,  the  obligee,  public  office  or obligor, as
 7    appropriate, may file a complaint with the court against  the
 8    payor.   The  clerk  of  the  circuit  court shall notify the
 9    obligee or public office, as appropriate, and the obligor and
10    payor of the time and place of the hearing on the  complaint.
11    The  court  shall  resolve any factual dispute including, but
12    not limited to, a denial that the payor is paying or has paid
13    income to the obligor.   Upon  a  finding  in  favor  of  the
14    complaining party, the court:
15             (a)  shall  enter judgment and order the enforcement
16        thereof for the total  amount  that  the  payor  wilfully
17        failed to withhold or pay over; and
18             (b)  may  order  employment  or  reinstatement of or
19        restitution to the obligor, or both,  where  the  obligor
20        has  been  discharged,  disciplined, denied employment or
21        otherwise penalized by the payor and may  impose  a  fine
22        upon the payor not to exceed $200.
23        (2)  Any  obligee,  public office or obligor who wilfully
24    initiates a  false  proceeding  under  this  Section  or  who
25    wilfully  fails  to  comply  with  the  requirements  of this
26    Section shall be punished as in cases of contempt of court.
27    (K)  Alternative Procedures for Entry and Service of an Order
28    for Withholding.
29        (1)  Effective January 1, 1987, in any matter in which an
30    order for withholding has not been entered  for  any  reason,
31    based  upon the last order for support that has been entered,
32    and in which the obligor has become delinquent in payment  of
33    an  amount  equal  to at least one month's support obligation
34    pursuant to the last order for support or is at least 30 days
                            -214-              LRB9005376SMmb
 1    late in complying with all or part of the order for  support,
 2    the  obligee  or public office may prepare and serve an order
 3    for withholding pursuant to the procedures set forth in  this
 4    subsection.
 5        (2)  The obligee or public office shall:
 6             (a)  prepare  a  proposed  order for withholding for
 7        immediate service as provided by paragraphs (1)  and  (3)
 8        of   subsection   (B),   except   that  the  minimum  20%
 9        delinquency payment shall be used;
10             (b)  prepare a notice of delinquency as provided  by
11        paragraphs  (1)  and  (2)  of  subsection (C), except the
12        notice shall state further that the order for withholding
13        has not been entered by  the  court  and  the  conditions
14        under which the order will be entered; and
15             (c)  serve   the  notice  of  delinquency  and  form
16        petition to stay service as provided by paragraph (3)  of
17        subsection  (C),  together  with  the  proposed order for
18        withholding, which shall be marked "COPY ONLY".
19        (3)  After 20 days following service  of  the  notice  of
20    delinquency  and  proposed  order for withholding, in lieu of
21    the provisions of  subsection  (E),  the  obligee  or  public
22    office  shall  file  with  the  Clerk of the Circuit Court an
23    affidavit, with a copy  of  the  notice  of  delinquency  and
24    proposed  order  for  withholding  attached  thereto, stating
25    that:
26             (a)  the notice of delinquency  and  proposed  order
27        for withholding have been served upon the obligor and the
28        date on which service was effected;
29             (b)  the  obligor  has  not filed a petition to stay
30        service within 20 days of  service  of  such  notice  and
31        order; and
32             (c)  the  proposed  order for withholding accurately
33        states the terms and amounts contained in the last  order
34        for support.
                            -215-              LRB9005376SMmb
 1        (4)  Upon  the  court's  satisfaction that the procedures
 2    set forth in this subsection have been met,  it  shall  enter
 3    the order for withholding.
 4        (5)  The  Clerk  shall  then  provide  to  the obligee or
 5    public office a specially certified copy  of  the  order  for
 6    withholding and the notice of delinquency indicating that the
 7    preconditions for service have been met.
 8        (6)  The   obligee  or  public  office  shall  serve  the
 9    specially certified copies of the order for  withholding  and
10    the  notice  of delinquency on the payor, its superintendent,
11    manager  or  other  agent  by  certified  mail  or   personal
12    delivery.   A  proof of service shall be filed with the Clerk
13    of the Circuit Court.
14        (7)  If the  obligor  requests  in  writing  that  income
15    withholding  become effective prior to becoming delinquent in
16    payment of an amount equal to one month's support  obligation
17    pursuant  to the last order for support, or prior to becoming
18    30 days late in paying all or part of the order for  support,
19    the obligee or public office shall file an affidavit with the
20    Clerk  of  the  circuit  Court,  with  a  proposed  order for
21    withholding  attached,  stating  that  the   proposed   order
22    accurately states the terms and amounts contained in the last
23    order  for  support  and  the obligor's request for immediate
24    service.  The provisions of paragraphs  (4)  through  (6)  of
25    this   subsection  shall  apply,  except  that  a  notice  of
26    delinquency shall not be required.
27        (8)  All  other  provisions  of  this  Section  shall  be
28    applicable with respect to the provisions of this  subsection
29    (K),  except  that under paragraph (1) of subsection (H), the
30    court may also amend the proposed order  for  withholding  to
31    conform to the last order for support.
32        (9)  Nothing  in  this  subsection  shall be construed as
33    limiting the requirements of paragraph (1) of subsection  (B)
34    with respect to the entry of a separate order for withholding
                            -216-              LRB9005376SMmb
 1    upon entry of any order for support.
 2    (L)  Remedies in Addition to Other Laws.
 3        (1)  The  rights,  remedies, duties and penalties created
 4    by this Section are in addition to and  not  in  substitution
 5    for  any other rights, remedies, duties and penalties created
 6    by any other law.
 7        (2)  Nothing  in  this  Section  shall  be  construed  as
 8    invalidating any assignment of  wages  or  benefits  executed
 9    prior to July 1, 1985.
10    (Source: P.A.  87-529; 87-935; 87-988; 87-1105; 88-26; 88-45;
11    88-94; 88-131; 88-307; 88-670, eff. 12-2-94.)
12        (Text of Section after amendment by P.A. 89-507)
13        Sec. 20.  Withholding of  Income  to  Secure  Payment  of
14    Support.
15    (A)  Definitions.
16        (1)  "Order  for  support"  means  any order of the court
17    which provides for periodic payment of funds for the  support
18    of a child, whether temporary or final, and includes any such
19    order which provides for:
20             (a)  modification  or  resumption  of, or payment of
21        arrearage accrued under, a previously existing order;
22             (b)  reimbursement of support;
23             (c)  payment or  reimbursement  of  the  expense  of
24        pregnancy and delivery;  or
25             (d)  enrollment  in  a health insurance plan that is
26        available to the obligor through  an  employer  or  labor
27        union or trade union.
28        (2)  "Arrearage" means the total amount of unpaid support
29    obligations.
30        (3)  "Delinquency"  means  any payment under an order for
31    support which becomes due and remains unpaid after  an  order
32    for withholding has been entered under subsection (B) or, for
33    purposes  of subsection (K), after the last order for support
                            -217-              LRB9005376SMmb
 1    was entered for which no order for withholding was entered.
 2        (4)  "Income" means any form of periodic  payment  to  an
 3    individual,  regardless of source, including, but not limited
 4    to: wages, salary, commission, compensation as an independent
 5    contractor, workers' compensation,  disability,  annuity  and
 6    retirement   benefits,   lottery   prize   awards,  insurance
 7    proceeds, vacation pay, bonuses, profit-sharing payments  and
 8    any  other  payments,  made  by  any  person, private entity,
 9    federal or state government, any unit  of  local  government,
10    school district or any entity created by Public Act; however,
11    "income" excludes:
12             (a)  any  amounts  required  by  law to be withheld,
13        other than creditor claims, including,  but  not  limited
14        to,  federal,  State and local taxes, Social Security and
15        other retirement and disability contributions;
16             (b)  union dues;
17             (c)  any amounts exempted by  the  federal  Consumer
18        Credit Protection Act;
19             (d)  public assistance payments; and
20             (e)  unemployment   insurance   benefits  except  as
21        provided by law.
22        Any other State or  local  laws  which  limit  or  exempt
23    income  or  the  amount  or  percentage of income that can be
24    withheld shall not apply.
25        (5)  "Obligor" means the individual who owes  a  duty  to
26    make payments under an order for support.
27        (6)  "Obligee"  means  the  individual  to whom a duty of
28    support is owed or the individual's legal representative.
29        (7)  "Payor" means any payor of income to an obligor.
30        (8)  "Public office" means any elected  official  or  any
31    State  or  local agency which is or may become responsible by
32    law for enforcement of, or which is or may become  authorized
33    to  enforce, an order for support, including, but not limited
34    to: the Attorney General, the Illinois Department  of  Public
                            -218-              LRB9005376SMmb
 1    Aid,  the Illinois Department of Human Services, the Illinois
 2    Department of Children and Family Services, and  the  various
 3    State's   Attorneys,   Clerks   of   the  Circuit  Court  and
 4    supervisors of general assistance.
 5        (9)  "Premium" means the  dollar  amount  for  which  the
 6    obligor  is  liable  to  his employer or labor union or trade
 7    union and which must be paid to enroll or maintain a child in
 8    a health insurance plan that  is  available  to  the  obligor
 9    through an employer or labor union or trade union.
10    (B)  Entry of an Order for Withholding.
11        (1)  Upon entry of any order for support on or after July
12    1,   1985,  the  court  shall  enter  a  separate  order  for
13    withholding which shall not take effect  unless  the  obligor
14    becomes  delinquent  in  paying  the order for support or the
15    obligor requests an earlier effective date; except  that  the
16    court  may  require  the order for withholding to take effect
17    immediately.
18        On or after January 1, 1989, the court shall require  the
19    order  for  withholding  to take effect immediately, unless a
20    written agreement is  reached  between  and  signed  by  both
21    parties  providing  for  an alternative arrangement, approved
22    and entered into the  record  by  the  court,  which  insures
23    payment  of support.  In that case, the court shall enter the
24    order for withholding which will not take effect  unless  the
25    obligor becomes delinquent in paying the order for support.
26        Upon  entry of any order of support on or after September
27    11, 1989, if the obligor is not a United States citizen,  the
28    obligor  shall  provide  to  the  court  the  obligor's alien
29    registration number,  passport  number,  and  home  country's
30    social security or national health number, if applicable; the
31    court  shall  make  the information part of the record in the
32    case.
33        (2)  An order  for  withholding  shall  be  entered  upon
34    petition  by  the obligee or public office where an order for
                            -219-              LRB9005376SMmb
 1    withholding has not been previously entered.
 2        (3)  The order for withholding shall:
 3             (a)  direct any payor to withhold  a  dollar  amount
 4        equal to the order for support; and
 5             (b)  direct  any  payor  to  withhold  an additional
 6        dollar amount,  not  less  than  20%  of  the  order  for
 7        support,  until payment in full of any delinquency stated
 8        in the notice of delinquency provided for  in  subsection
 9        (C) or (F) of this Section; and
10             (c)  direct  any payor or labor union or trade union
11        to enroll a child as a beneficiary of a health  insurance
12        plan and withhold or cause to be withheld, if applicable,
13        any required premiums; and
14             (d)  state  the  rights,  remedies and duties of the
15        obligor under this Section; and
16             (e)  include the obligor's Social  Security  Number,
17        which the obligor shall disclose to the court; and
18             (f)  include  the  date that withholding for current
19        support  terminates,  which  shall   be   the   date   of
20        termination  of  the current support obligation set forth
21        in the order for support.
22        (4)  At the time the order for  withholding  is  entered,
23    the  Clerk  of  the Circuit Court shall provide a copy of the
24    order for withholding  and  the  order  for  support  to  the
25    obligor  and  shall  make copies available to the obligee and
26    public  office.   Any  copy  of  the  order  for  withholding
27    furnished to the  parties  under  this  subsection  shall  be
28    stamped "Not Valid".
29        (5)  The order for withholding shall remain in effect for
30    as long as the order for support upon which it is based.
31        (6)  The  failure of an order for withholding to state an
32    arrearage is not  conclusive  of  the  issue  of  whether  an
33    arrearage is owing.
34        (7)  Notwithstanding  the  provisions of this subsection,
                            -220-              LRB9005376SMmb
 1    if the court finds at the time of any hearing that  arrearage
 2    has  accrued  in  an  amount  equal  to  at least one month's
 3    support obligation or that the obligor is  30  days  late  in
 4    paying  all or part of the order for support, the court shall
 5    order immediate service of the order for withholding upon the
 6    payor.
 7        (8)  Where the court has not required that the order  for
 8    withholding  take  effect  immediately, the obligee or public
 9    office  may  prepare  and  serve  a  notice   for   immediate
10    withholding  upon  the  obligor by ordinary mail addressed to
11    the obligor at his or her last  known  address.   The  notice
12    shall state that the following circumstances have occurred:
13             (a)  The  parties'  written  agreement  providing an
14        alternative arrangement to  immediate  withholding  under
15        paragraph  (1)  of this subsection no longer provides for
16        timely payment of all support due; or
17             (b)  The obligor has not  made  timely  payments  in
18        that  the obligor has been at least 7 days late in paying
19        all or part of the order for support any of  the  last  6
20        consecutive  dates payments were due prior to the date of
21        the notice for immediate withholding.
22        The notice for immediate withholding shall clearly  state
23    that  a specially certified copy of the order for withholding
24    will be sent  to  the  payor,  unless  the  obligor  files  a
25    petition  contesting  immediate  withholding  within  20 days
26    after service of the notice; however,  the  grounds  for  the
27    petition shall be limited to a dispute concerning whether the
28    circumstances  stated  in  the  notice  have  occurred or the
29    identity of the obligor.  It shall not  be  grounds  for  the
30    petition  that  the  obligor has made all payments due by the
31    date of the petition.
32        If the obligor  files  a  petition  contesting  immediate
33    withholding  within  the  20-day  period  required under this
34    paragraph, the Clerk of the Circuit Court  shall  notify  the
                            -221-              LRB9005376SMmb
 1    obligor  and the obligee or public office, as appropriate, of
 2    the time and place of the  hearing  on  the  petition.   Upon
 3    hearing the petition, the court shall enter an order granting
 4    or  denying relief.  It shall not be grounds for granting the
 5    obligor's petition that he or she has made all  payments  due
 6    by  the  date  of hearing.  If the court denies the obligor's
 7    petition, it shall order immediate service of the  order  for
 8    withholding  and  direct  the  clerk  to  provide a specially
 9    certified copy of the order for withholding to the obligee or
10    public office indicating that the requirements for  immediate
11    withholding under this paragraph have been met.
12        If  the  obligor  does  not  file  a  petition contesting
13    immediate withholding within the 20-day period,  the  obligee
14    or  public  office  shall  file with the Clerk of the Circuit
15    Court an affidavit, with a copy of the notice  for  immediate
16    withholding  attached  thereto,  stating  that the notice was
17    duly served and the date on which service was  effected,  and
18    that   the  obligor  has  not  filed  a  petition  contesting
19    immediate withholding.  The clerk shall then provide  to  the
20    obligee  or  public  office a specially certified copy of the
21    order for withholding indicating that  the  requirements  for
22    immediate withholding under this paragraph have been met.
23        Upon  receipt  of a specially certified copy of the order
24    for withholding, the obligee or public office may  serve  the
25    order  on  the  payor,  its  superintendent, manager or other
26    agent, by certified mail or personal delivery.   A  proof  of
27    service shall be filed with the Clerk of the Circuit Court.
28    (C)  Notice of Delinquency.
29        (1)  Whenever an obligor becomes delinquent in payment of
30    an  amount  equal  to at least one month's support obligation
31    pursuant to the order for support or is at least 30 days late
32    in complying with all or  part  of  the  order  for  support,
33    whichever  occurs  first,  the  obligee  or public office may
34    prepare and serve a verified notice of delinquency,  together
                            -222-              LRB9005376SMmb
 1    with  a  form petition to stay service, pursuant to paragraph
 2    (3) of this subsection.
 3        (2)  The notice of delinquency shall recite the terms  of
 4    the order for support and contain a computation of the period
 5    and  total  amount  of the delinquency, as of the date of the
 6    notice.  The notice shall clearly state that it will be  sent
 7    to the payor, together with a specially certified copy of the
 8    order  for withholding, except as provided in subsection (F),
 9    unless the obligor  files  a  petition  to  stay  service  in
10    accordance with paragraph (1) of subsection (D).
11        (3)  The   notice  of  delinquency  shall  be  served  by
12    ordinary mail addressed to the obligor at  his  or  her  last
13    known address.
14        (4)  The  obligor  may  execute  a  written waiver of the
15    provisions of paragraphs (1) through (3) of  this  subsection
16    and request immediate service upon the payor.
17    (D)  Procedures to Avoid Income Withholding.
18        (1)  Except  as  provided  in subsection (F), the obligor
19    may prevent an order for withholding  from  being  served  by
20    filing  a  petition  to  stay  service  with the Clerk of the
21    Circuit Court, within 20 days after service of the notice  of
22    delinquency;  however,  the  grounds for the petition to stay
23    service shall be limited to a  dispute  concerning:  (a)  the
24    amount  of  current support or the existence or amount of the
25    delinquency; or (b) the identity of the obligor.
26        The Clerk of the Circuit Court shall notify  the  obligor
27    and the obligee or public office, as appropriate, of the time
28    and place of the hearing on the petition to stay service. The
29    court  shall  hold such hearing pursuant to the provisions of
30    subsection (H).
31        (2)  Except as provided in subsection (F),  filing  of  a
32    petition  to  stay service, within the 20-day period required
33    under this subsection, shall prohibit the obligee  or  public
34    office from serving the order for withholding on any payor of
                            -223-              LRB9005376SMmb
 1    the obligor.
 2    (E)  Initial Service of Order for Withholding.
 3        (1)  Except  as  provided  in subsection (F), in order to
 4    serve an order for withholding upon a payor,  an  obligee  or
 5    public  office  shall follow the procedures set forth in this
 6    subsection.  After 20 days following service of the notice of
 7    delinquency, the obligee or public office shall file with the
 8    Clerk of the Circuit Court an affidavit, with the copy of the
 9    notice of delinquency attached thereto, stating:
10             (a)  that the notice of delinquency  has  been  duly
11        served and the date on which service was effected; and
12             (b)  that  the  obligor  has not filed a petition to
13        stay service, or in the alternative
14             (c)  that the obligor has waived the  provisions  of
15        subparagraphs  (a)  and  (b)  of  this  paragraph  (1) in
16        accordance with subsection (C)(4).
17        (2)  Upon request of the obligee or  public  office,  the
18    Clerk  of  the  Circuit  Court  shall: (a) make available any
19    record of payment; and (b) determine that the file contains a
20    copy of the affidavit described in paragraph (1).  The  Clerk
21    shall  then  provide  to  the  obligee  or  public  office  a
22    specially certified copy of the order for withholding and the
23    notice  of  delinquency indicating that the preconditions for
24    service have been met.
25        (3)  The obligee or public  office  may  then  serve  the
26    notice of delinquency and order for withholding on the payor,
27    its superintendent, manager or other agent, by certified mail
28    or personal delivery.  A proof of service shall be filed with
29    the Clerk of the Circuit Court.
30    (F)  Subsequent Service of Order for Withholding.
31        (1)  Notwithstanding  the  provisions of this Section, at
32    any time after the court has ordered immediate service of  an
33    order  for  withholding  or after initial service of an order
                            -224-              LRB9005376SMmb
 1    for withholding pursuant to subsection (E),  the  obligee  or
 2    public  office  may  serve the order for withholding upon any
 3    payor of the obligor without further notice to  the  obligor.
 4    The  obligee  or  public  office  shall provide notice to the
 5    payor, pursuant to paragraph (6) of subsection  (I),  of  any
 6    payments  that have been made through previous withholding or
 7    any other method.
 8        (2)  The Clerk of the Circuit Court shall, upon  request,
 9    provide the obligee or public office with specially certified
10    copies  of  the  order  for  withholding  or  the  notice  of
11    delinquency  or both whenever the Court has ordered immediate
12    service of an order for withholding or an affidavit has  been
13    placed  in  the  court file indicating that the preconditions
14    for service have been previously met.  The obligee or  public
15    office may then serve the order for withholding on the payor,
16    its  superintendent, manager or other agent by certified mail
17    or personal delivery.  A proof of service shall be filed with
18    the Clerk of the Circuit Court.
19        (3)  If a delinquency has accrued  for  any  reason,  the
20    obligee  or  public  office may serve a notice of delinquency
21    upon the obligor pursuant to subsection (C).  The obligor may
22    prevent the notice of delinquency from being served upon  the
23    payor  by  utilizing  the  procedures set forth in subsection
24    (D). If no petition to stay service has been filed within the
25    required 20 day time period, the obligee or public office may
26    serve the notice of delinquency on the payor by utilizing the
27    procedures for service set forth in subsection (E).
28    (G)  Duties of Payor.
29        (1)  It shall be the duty  of  any  payor  who  has  been
30    served  with  a  copy  of  the  specially certified order for
31    withholding and any notice of delinquency to deduct  and  pay
32    over  income as provided in this subsection.  The payor shall
33    deduct the amount designated in the order for withholding, as
34    supplemented by the notice  of  delinquency  and  any  notice
                            -225-              LRB9005376SMmb
 1    provided   pursuant  to  paragraph  (6)  of  subsection  (I),
 2    beginning no later than the next payment of income  which  is
 3    payable to the obligor that occurs 14 days following the date
 4    the  order  and  any  notice were mailed by certified mail or
 5    placed for personal delivery.   The  payor  may  combine  all
 6    amounts  withheld  for  the  benefit  of an obligee or public
 7    office into a single payment and transmit the payment with  a
 8    listing  of obligors from whom withholding has been effected.
 9    The payor shall pay the amount withheld  to  the  obligee  or
10    public  office  within 10 calendar days of the date income is
11    paid  to  the  obligor  in  accordance  with  the  order  for
12    withholding and any subsequent notification received from the
13    public office redirecting payments. If  the  payor  knowingly
14    fails  to  pay  any  amount withheld to the obligee or public
15    office within 10 calendar days of the date income is paid  to
16    the  obligor,  the payor shall pay a penalty of $100 for each
17    day that the withheld amount is not paid to  the  obligee  or
18    public  office  after  the  period  of  10  calendar days has
19    expired.  The failure of a payor, on more than one  occasion,
20    to  pay  amounts  withheld  to  the  obligee or public office
21    within 10 calendar days of the date income  is  paid  to  the
22    obligor creates a presumption that the payor knowingly failed
23    to pay the amounts.  This penalty may be collected in a civil
24    action which may be brought against the payor in favor of the
25    obligee.   For  purposes  of  this Section, a withheld amount
26    shall be considered paid by a payor on the date it is  mailed
27    by  the payor, or on the date an electronic funds transfer of
28    the amount has been initiated by the payor, or  on  the  date
29    delivery  of  the amount has been initiated by the payor. For
30    each deduction, the payor shall provide the obligee or public
31    office, at the time of transmittal, with the date income  was
32    paid from which support was withheld.
33        Upon  receipt of an order requiring that a minor child be
34    named as a beneficiary of a health insurance  plan  available
                            -226-              LRB9005376SMmb
 1    through  an  employer  or  labor  union  or  trade union, the
 2    employer or labor union  or  trade  union  shall  immediately
 3    enroll  the  minor  child  as  a  beneficiary  in  the health
 4    insurance plan designated by the court  order.  The  employer
 5    shall withhold any required premiums and pay over any amounts
 6    so  withheld  and any additional amounts the employer pays to
 7    the insurance carrier in a timely manner.   The  employer  or
 8    labor  union or trade union shall mail to the obligee, within
 9    15 days of enrollment or upon request, notice of the date  of
10    coverage, information on the dependent coverage plan, and all
11    forms  necessary  to  obtain reimbursement for covered health
12    expenses, such as would be made available to a new  employee.
13    When  an  order  for  dependent coverage is in effect and the
14    insurance coverage is terminated or changed for  any  reason,
15    the  employer  or labor union or trade union shall notify the
16    obligee within 10 days of  the  termination  or  change  date
17    along with notice of conversion privileges.
18        For withholding of income, the payor shall be entitled to
19    receive a fee not to exceed $5 per month to be taken from the
20    income to be paid to the obligor.
21        (2)  Whenever  the  obligor is no longer receiving income
22    from the payor, the payor shall return a copy  of  the  order
23    for  withholding  to  the  obligee or public office and shall
24    provide  information  for  the  purpose  of  enforcing   this
25    Section.
26        (3)  Withholding  of  income  under this Section shall be
27    made without regard to any prior or subsequent  garnishments,
28    attachments,   wage  assignments,  or  any  other  claims  of
29    creditors.  Withholding of income under  this  Section  shall
30    not  be  in excess of the maximum amounts permitted under the
31    federal Consumer Credit Protection Act. If the payor has been
32    served with more than one order for withholding pertaining to
33    the same obligor, the payor shall allocate  income  available
34    for  withholding  on  a  proportionate  share  basis,  giving
                            -227-              LRB9005376SMmb
 1    priority to current support payments.  If there is any income
 2    available  for  withholding after withholding for all current
 3    support obligations, the payor shall allocate the  income  to
 4    past  due  support  payments  ordered in non-AFDC matters and
 5    then to past due support payments ordered  in  AFDC  matters,
 6    both  on  a proportionate share basis. Payment as required by
 7    the order for withholding shall be a complete defense by  the
 8    payor  against  any claims of the obligor or his creditors as
 9    to the sum so paid.
10        (4)  No payor shall discharge, discipline, refuse to hire
11    or otherwise penalize any obligor  because  of  the  duty  to
12    withhold income.
13    (H)  Petitions  to  Stay  Service  or  to  Modify, Suspend or
14    Terminate Orders for Withholding.
15        (1)  When an obligor files a petition  to  stay  service,
16    the  court,  after  due notice to all parties, shall hear the
17    matter as soon  as  practicable  and  shall  enter  an  order
18    granting   or   denying   relief,   amending  the  notice  of
19    delinquency,  amending  the  order  for  withholding,   where
20    applicable,  or otherwise resolving the matter.  If the court
21    finds  that  a  delinquency  existed  when  the   notice   of
22    delinquency  was  served upon the obligor, in an amount of at
23    least one month's support obligation, or that the obligor was
24    at least 30 days late in paying all or part of the order  for
25    support, the court shall order immediate service of the order
26    for withholding.  Where the court cannot promptly resolve any
27    dispute  over  the  amount  of the delinquency, the court may
28    order immediate service of the order for  withholding  as  to
29    any  undisputed  amounts  specified  in  an amended notice of
30    delinquency, and may continue the  hearing  on  the  disputed
31    amounts.
32        (2)  At  any  time, an obligor, obligee, public office or
33    Clerk of the Circuit Court may petition the court to:
34             (a)  modify, suspend  or  terminate  the  order  for
                            -228-              LRB9005376SMmb
 1        withholding  because  of  a  modification,  suspension or
 2        termination of the underlying order for support; or
 3             (b)  modify the amount of income to be  withheld  to
 4        reflect  payment in full or in part of the delinquency or
 5        arrearage by income withholding or otherwise; or
 6             (c)  suspend the order for  withholding  because  of
 7        inability  to  deliver income withheld to the obligee due
 8        to the obligee's failure to provide a mailing address  or
 9        other means of delivery.
10        (3)  The obligor, obligee or public office shall serve on
11    the  payor, by certified mail or personal delivery, a copy of
12    any order entered pursuant to this  subsection  that  affects
13    the duties of the payor.
14        (4)  At any time, a public office or Clerk of the Circuit
15    Court may serve a notice on the payor to:
16             (a)  cease  withholding  of  income  for  payment of
17        current support for a child when the  support  obligation
18        for  that  child has automatically ceased under the order
19        for support through emancipation or otherwise; or
20             (b)  cease withholding  of  income  for  payment  of
21        delinquency   or   arrearage   when  the  delinquency  or
22        arrearage has been paid in full.
23        (5)  The notice provided for under paragraph (4) of  this
24    subsection shall be served on the payor by ordinary mail, and
25    a  copy  shall be provided to the obligor and the obligee.  A
26    copy of the notice shall be  filed  with  the  Clerk  of  the
27    Circuit Court.
28        (6)  The  order  for  withholding  shall  continue  to be
29    binding upon the payor until service  of  any  order  of  the
30    court   or   notice   entered  or  provided  for  under  this
31    subsection.
32    (I)  Additional Duties.
33        (1)  An  obligee  who  is  receiving  income  withholding
34    payments under this Section shall notify the  payor,  if  the
                            -229-              LRB9005376SMmb
 1    obligee receives the payments directly from the payor, or the
 2    public   office  or  the  Clerk  of  the  Circuit  Court,  as
 3    appropriate, of any change of address within 7 days  of  such
 4    change.
 5        (2)  An  obligee  who  is a recipient of public aid shall
 6    send a copy of any notice of delinquency  filed  pursuant  to
 7    subsection (C) to the Bureau of Child Support of the Illinois
 8    Department of Revenue Public Aid.
 9        (3)  Each  obligor shall notify the obligee and the Clerk
10    of the Circuit Court of any change of address within 7 days.
11        (4)  An obligor whose income is being withheld or who has
12    been served with a notice of  delinquency  pursuant  to  this
13    Section shall notify the obligee and the Clerk of the Circuit
14    Court of any new payor, within 7 days.
15        (5)  When  the  Illinois Department of Revenue Public Aid
16    is no longer authorized to receive payments for the  obligee,
17    it   shall,  within  7  days,  notify  the  payor  or,  where
18    appropriate, the Clerk of  the  Circuit  Court,  to  redirect
19    income withholding payments to the obligee.
20        (6)  The obligee or public office shall provide notice to
21    the payor and Clerk of the Circuit Court of any other support
22    payment  made,  including but not limited to, a set-off under
23    federal and State law or partial payment of  the  delinquency
24    or arrearage, or both.
25        (7)  Any  public  office  and  Clerk of the Circuit Court
26    which collects, disburses or receives  payments  pursuant  to
27    orders for withholding shall maintain complete, accurate, and
28    clear  records  of  all  payments  and  their  disbursements.
29    Certified  copies  of  payment records maintained by a public
30    office or Clerk of the Circuit Court shall,  without  further
31    proof,  be  admitted  into  evidence in any legal proceedings
32    under this Section.
33        (8)  The Illinois Department of Revenue Public Aid  shall
34    design  suggested  legal  forms  for  proceeding  under  this
                            -230-              LRB9005376SMmb
 1    Section and shall make available to the courts such forms and
 2    informational  materials  which  describe  the procedures and
 3    remedies set forth herein for distribution to all parties  in
 4    support actions.
 5        (9)  At  the  time  of transmitting each support payment,
 6    the clerk of the circuit court shall provide the  obligee  or
 7    public office, as appropriate, with any information furnished
 8    by  the  payor as to the date income was paid from which such
 9    support was withheld.
10    (J)  Penalties.
11        (1)  Where a payor wilfully fails to withhold or pay over
12    income pursuant to a  properly  served,  specially  certified
13    order  for  withholding  and  any  notice  of delinquency, or
14    wilfully  discharges,  disciplines,  refuses   to   hire   or
15    otherwise  penalizes  an  obligor as prohibited by subsection
16    (G), or otherwise fails to comply with any duties imposed  by
17    this  Section,  the  obligee,  public  office  or obligor, as
18    appropriate, may file a complaint with the court against  the
19    payor.   The  clerk  of  the  circuit  court shall notify the
20    obligee or public office, as appropriate, and the obligor and
21    payor of the time and place of the hearing on the  complaint.
22    The  court  shall  resolve any factual dispute including, but
23    not limited to, a denial that the payor is paying or has paid
24    income to the obligor.   Upon  a  finding  in  favor  of  the
25    complaining party, the court:
26             (a)  shall  enter judgment and order the enforcement
27        thereof for the total  amount  that  the  payor  wilfully
28        failed to withhold or pay over; and
29             (b)  may  order  employment  or  reinstatement of or
30        restitution to the obligor, or both,  where  the  obligor
31        has  been  discharged,  disciplined, denied employment or
32        otherwise penalized by the payor and may  impose  a  fine
33        upon the payor not to exceed $200.
34        (2)  Any  obligee,  public office or obligor who wilfully
                            -231-              LRB9005376SMmb
 1    initiates a  false  proceeding  under  this  Section  or  who
 2    wilfully  fails  to  comply  with  the  requirements  of this
 3    Section shall be punished as in cases of contempt of court.
 4    (K)  Alternative Procedures for Entry and Service of an Order
 5    for Withholding.
 6        (1)  Effective January 1, 1987, in any matter in which an
 7    order for withholding has not been entered  for  any  reason,
 8    based  upon the last order for support that has been entered,
 9    and in which the obligor has become delinquent in payment  of
10    an  amount  equal  to at least one month's support obligation
11    pursuant to the last order for support or is at least 30 days
12    late in complying with all or part of the order for  support,
13    the  obligee  or public office may prepare and serve an order
14    for withholding pursuant to the procedures set forth in  this
15    subsection.
16        (2)  The obligee or public office shall:
17             (a)  prepare  a  proposed  order for withholding for
18        immediate service as provided by paragraphs (1)  and  (3)
19        of   subsection   (B),   except   that  the  minimum  20%
20        delinquency payment shall be used;
21             (b)  prepare a notice of delinquency as provided  by
22        paragraphs  (1)  and  (2)  of  subsection (C), except the
23        notice shall state further that the order for withholding
24        has not been entered by  the  court  and  the  conditions
25        under which the order will be entered; and
26             (c)  serve   the  notice  of  delinquency  and  form
27        petition to stay service as provided by paragraph (3)  of
28        subsection  (C),  together  with  the  proposed order for
29        withholding, which shall be marked "COPY ONLY".
30        (3)  After 20 days following service  of  the  notice  of
31    delinquency  and  proposed  order for withholding, in lieu of
32    the provisions of  subsection  (E),  the  obligee  or  public
33    office  shall  file  with  the  Clerk of the Circuit Court an
34    affidavit, with a copy  of  the  notice  of  delinquency  and
                            -232-              LRB9005376SMmb
 1    proposed  order  for  withholding  attached  thereto, stating
 2    that:
 3             (a)  the notice of delinquency  and  proposed  order
 4        for withholding have been served upon the obligor and the
 5        date on which service was effected;
 6             (b)  the  obligor  has  not filed a petition to stay
 7        service within 20 days of  service  of  such  notice  and
 8        order; and
 9             (c)  the  proposed  order for withholding accurately
10        states the terms and amounts contained in the last  order
11        for support.
12        (4)  Upon  the  court's  satisfaction that the procedures
13    set forth in this subsection have been met,  it  shall  enter
14    the order for withholding.
15        (5)  The  Clerk  shall  then  provide  to  the obligee or
16    public office a specially certified copy  of  the  order  for
17    withholding and the notice of delinquency indicating that the
18    preconditions for service have been met.
19        (6)  The   obligee  or  public  office  shall  serve  the
20    specially certified copies of the order for  withholding  and
21    the  notice  of delinquency on the payor, its superintendent,
22    manager  or  other  agent  by  certified  mail  or   personal
23    delivery.   A  proof of service shall be filed with the Clerk
24    of the Circuit Court.
25        (7)  If the  obligor  requests  in  writing  that  income
26    withholding  become effective prior to becoming delinquent in
27    payment of an amount equal to one month's support  obligation
28    pursuant  to the last order for support, or prior to becoming
29    30 days late in paying all or part of the order for  support,
30    the obligee or public office shall file an affidavit with the
31    Clerk  of  the  circuit  Court,  with  a  proposed  order for
32    withholding  attached,  stating  that  the   proposed   order
33    accurately states the terms and amounts contained in the last
34    order  for  support  and  the obligor's request for immediate
                            -233-              LRB9005376SMmb
 1    service.  The provisions of paragraphs  (4)  through  (6)  of
 2    this   subsection  shall  apply,  except  that  a  notice  of
 3    delinquency shall not be required.
 4        (8)  All  other  provisions  of  this  Section  shall  be
 5    applicable with respect to the provisions of this  subsection
 6    (K),  except  that under paragraph (1) of subsection (H), the
 7    court may also amend the proposed order  for  withholding  to
 8    conform to the last order for support.
 9        (9)  Nothing  in  this  subsection  shall be construed as
10    limiting the requirements of paragraph (1) of subsection  (B)
11    with respect to the entry of a separate order for withholding
12    upon entry of any order for support.
13    (L)  Remedies in Addition to Other Laws.
14        (1)  The  rights,  remedies, duties and penalties created
15    by this Section are in addition to and  not  in  substitution
16    for  any other rights, remedies, duties and penalties created
17    by any other law.
18        (2)  Nothing  in  this  Section  shall  be  construed  as
19    invalidating any assignment of  wages  or  benefits  executed
20    prior to July 1, 1985.
21    (Source: P.A.  88-26;  88-45;  88-94; 88-131; 88-307; 88-670,
22    eff. 12-2-94; 89-507, eff. 7-1-97.)
23        (750 ILCS 45/21) (from Ch. 40, par. 2521)
24        Sec.  21.  Support  payments;  receiving  and  disbursing
25    agents.
26        On and after the effective date of this amendatory Act of
27    1997, any reference to the Illinois Department of Public  Aid
28    in  this  Section  shall  be a reference to the Department of
29    Revenue and any reference to the Public Assistance Recoveries
30    Trust  Fund  shall  be  a  reference  to  the  Child  Support
31    Recoveries Trust Fund.
32        (1)  In an action  filed  in  counties  of  less  than  3
33    million  population  in  which  an order for child support is
                            -234-              LRB9005376SMmb
 1    entered, and in supplementary proceedings in such counties to
 2    enforce or vary the terms of such order  arising  out  of  an
 3    action  filed  in such counties, the court, except in actions
 4    or supplementary  proceedings  in  which  the  pregnancy  and
 5    delivery expenses of the mother or the child support payments
 6    are  for  a  recipient  of  aid under the Illinois Public Aid
 7    Code, shall direct that child support payments be made to the
 8    clerk of the court unless in  the  discretion  of  the  court
 9    exceptional  circumstances warrant otherwise.  In cases where
10    payment is to be made to persons other than the clerk of  the
11    court  the  judgment  or order of support shall set forth the
12    facts of the exceptional circumstances.
13        (2)  In an action filed in counties of 3 million or  more
14    population  in  which  an order for child support is entered,
15    and in supplementary proceedings in such counties to  enforce
16    or  vary  the  terms  of  such order arising out of an action
17    filed date in such counties, the court, except in actions  or
18    supplementary proceedings in which the pregnancy and delivery
19    expenses  of the mother or the child support payments are for
20    a recipient of aid under the Illinois Public Aid Code,  shall
21    direct  that  child  support  payments  be made either to the
22    clerk of the court or to the Court Service  Division  of  the
23    County Department of Public Aid, or to the clerk of the court
24    or  to  the  Illinois Department of Public Aid, unless in the
25    discretion of the  court  exceptional  circumstances  warrant
26    otherwise.   In  cases where payment is to be made to persons
27    other than the clerk of the court, the Court Service Division
28    of the County Department  of  Public  Aid,  or  the  Illinois
29    Department  of  Public  Aid, the judgment or order of support
30    shall set forth the facts of the exceptional circumstances.
31        (3)  Where the action or supplementary proceeding  is  in
32    behalf of a mother for pregnancy and delivery expenses or for
33    child  support,  or both, and the mother, child, or both, are
34    recipients of aid under the Illinois  Public  Aid  Code,  the
                            -235-              LRB9005376SMmb
 1    court  shall  order that the payments be made directly to (a)
 2    the Illinois Department of Public Aid if the mother or child,
 3    or both, are recipients under Articles IV or V of  the  Code,
 4    or  (b)  the  local  governmental  unit  responsible  for the
 5    support of  the  mother  or  child,  or  both,  if  they  are
 6    recipients   under  Articles  VI  or  VII  of  the  Code.  In
 7    accordance with federal law  and  regulations,  the  Illinois
 8    Department  of  Public  Aid  may  continue to collect current
 9    maintenance payments or  child  support  payments,  or  both,
10    after  those  persons  cease to receive public assistance and
11    until termination of services under Article X of the Illinois
12    Public Aid Code.  The Illinois Department of Public Aid shall
13    pay the net amount collected to those persons after deducting
14    any costs incurred in making the collection or any collection
15    fee from the  amount  of  any  recovery  made.  The  Illinois
16    Department  of  Public Aid or the local governmental unit, as
17    the case may be, may direct that payments be made directly to
18    the mother of the child, or to some other person or agency in
19    the child's behalf, upon the removal of the mother and  child
20    from  the  public  aid  rolls or upon termination of services
21    under Article X of the Illinois Public  Aid  Code;  and  upon
22    such   direction,   the  Illinois  Department  or  the  local
23    governmental unit, as the case requires, shall give notice of
24    such  action  to  the  court  in  writing  or  by  electronic
25    transmission.
26        (4)  All clerks  of  the  court  and  the  Court  Service
27    Division  of  a  County  Department  of  Public  Aid  and the
28    Illinois Department of Public Aid,  receiving  child  support
29    payments  under paragraphs (1) or (2) shall disburse the same
30    to the person or persons entitled thereto under the terms  of
31    the  order.   They  shall  establish  and  maintain clear and
32    current records of all moneys received and disbursed  and  of
33    defaults  and delinquencies in required payments.  The court,
34    by order or rule, shall make provision for the  carrying  out
                            -236-              LRB9005376SMmb
 1    of these duties.
 2        Upon   notification   in   writing   or   by   electronic
 3    transmission  from  the  Illinois Department of Public Aid to
 4    the clerk of the court that a person who is receiving support
 5    payments under this Section is receiving services  under  the
 6    Child  Support  Enforcement Program established by Title IV-D
 7    of the Social Security Act, any support payments subsequently
 8    received by the clerk of the court shall  be  transmitted  in
 9    accordance  with  the instructions of the Illinois Department
10    of Public Aid until the Department gives notice to cease  the
11    transmittal.  After  providing  the  notification  authorized
12    under  this  paragraph, the Illinois Department of Public Aid
13    shall be entitled  as  a  party  to  notice  of  any  further
14    proceedings in the case.  The clerk of the court shall file a
15    copy  of the Illinois Department of Public Aid's notification
16    in the court file.  The failure of the clerk to file  a  copy
17    of  the  notification  in  the court file shall not, however,
18    affect the Illinois  Department  of  Public  Aid's  right  to
19    receive notice of further proceedings.
20        Payments under this Section to the Illinois Department of
21    Public  Aid pursuant to the Child Support Enforcement Program
22    established by Title IV-D of the Social Security Act shall be
23    paid into the Child  Support  Enforcement  Trust  Fund.   All
24    other  payments under this Section to the Illinois Department
25    of Public Aid shall be deposited  in  the  Public  Assistance
26    Recoveries  Trust  Fund.  Disbursement from these funds shall
27    be as provided in the Illinois  Public  Aid  Code.   Payments
28    received  by  a local governmental unit shall be deposited in
29    that unit's General Assistance Fund.
30        (5)  The  moneys  received   by   persons   or   agencies
31    designated  by  the  court  shall  be  disbursed  by  them in
32    accordance with the order.  However, the court,  on  petition
33    of the state's attorney, may enter new orders designating the
34    clerk  of the court or the Illinois Department of Public Aid,
                            -237-              LRB9005376SMmb
 1    as the person or agency authorized to  receive  and  disburse
 2    child  support  payments  and,  in  the case of recipients of
 3    public aid, the court, on petition of the Attorney General or
 4    State's Attorney, shall direct subsequent payments to be paid
 5    to  the  Illinois  Department  of  Public  Aid  or   to   the
 6    appropriate local governmental unit, as provided in paragraph
 7    (3).   Payments of child support by principals or sureties on
 8    bonds, or proceeds of any  sale  for  the  enforcement  of  a
 9    judgment  shall  be  made  to  the  clerk  of  the court, the
10    Illinois Department of Public Aid or  the  appropriate  local
11    governmental  unit,  as  the  respective  provisions  of this
12    Section require.
13        (6)  For those cases in which child support is payable to
14    the clerk  of  the  circuit  court  for  transmittal  to  the
15    Illinois  Department  of Public Aid by order of court or upon
16    notification by the Illinois Department of  Public  Aid,  the
17    clerk shall transmit all such payments, within 4 working days
18    of  receipt, to insure that funds are available for immediate
19    distribution by  the  Department  to  the  person  or  entity
20    entitled  thereto  in  accordance with standards of the Child
21    Support Enforcement Program established under Title  IV-D  of
22    the   Social  Security  Act.   The  clerk  shall  notify  the
23    Department of the date of receipt and amount thereof  at  the
24    time  of  transmittal.   Where  the clerk has entered into an
25    agreement of cooperation with the Department  to  record  the
26    terms  of  child  support orders and payments made thereunder
27    directly into  the  Department's  automated  data  processing
28    system,  the  clerk shall account for, transmit and otherwise
29    distribute child support payments  in  accordance  with  such
30    agreement in lieu of the requirements contained herein.
31    (Source: P.A. 88-687, eff. 1-24-95.)
32        (750 ILCS 45/22) (from Ch. 40, par. 2522)
33        Sec.  22.   In  all  cases  instituted  by  the  Illinois
                            -238-              LRB9005376SMmb
 1    Department  of  Revenue  Public  Aid  on behalf of a child or
 2    spouse, other than one receiving a  grant  of  financial  aid
 3    under  Article  IV  of The Illinois Public Aid Code, on whose
 4    behalf an application has been made and approved for  support
 5    services  as provided by Section 10-1 of that Code, the court
 6    shall impose a collection fee on the individual  who  owes  a
 7    child  or spouse support obligation in an amount equal to 10%
 8    of the amount so owed as long as such collection is  required
 9    by federal law, which fee shall be in addition to the support
10    obligation.    The   imposition  of  such  fee  shall  be  in
11    accordance with provisions of Title IV, Part D, of the Social
12    Security Act and  regulations  duly  promulgated  thereunder.
13    The  fee  shall  be payable to the clerk of the circuit court
14    for transmittal to the Illinois Department of Revenue  Public
15    Aid  and shall continue until support services are terminated
16    by that Department.
17    (Source: P.A. 83-1372.)
18        Section 99.  Effective date.  This Act  takes  effect  on
19    July 1, 1998.
                            -239-              LRB9005376SMmb
 1                                INDEX
 2               Statutes amended in order of appearance
 3    20 ILCS 2205/48a          from Ch. 127, par. 48a
 4    20 ILCS 2505/39b          from Ch. 127, par. 39b
 5    20 ILCS 2505/39b53 new
 6    20 ILCS 2505/39b54 new
 7    20 ILCS 2505/39b55 new
 8    20 ILCS 2505/39b56 new
 9    20 ILCS 2505/39b57 new
10    20 ILCS 2505/39b58 new
11    20 ILCS 2505/39b59 new
12    305 ILCS 5/10-0.5 new
13    305 ILCS 5/10-1           from Ch. 23, par. 10-1
14    305 ILCS 5/10-3.1         from Ch. 23, par. 10-3.1
15    305 ILCS 5/10-8           from Ch. 23, par. 10-8
16    305 ILCS 5/10-10          from Ch. 23, par. 10-10
17    305 ILCS 5/10-11.1        from Ch. 23, par. 10-11.1
18    305 ILCS 5/10-15          from Ch. 23, par. 10-15
19    305 ILCS 5/10-16          from Ch. 23, par. 10-16
20    305 ILCS 5/10-16.2        from Ch. 23, par. 10-16.2
21    305 ILCS 5/10-17.9
22    305 ILCS 5/10-19          from Ch. 23, par. 10-19
23    305 ILCS 5/12-4.31
24    305 ILCS 5/12-5           from Ch. 23, par. 12-5
25    305 ILCS 5/12-8           from Ch. 23, par. 12-8
26    305 ILCS 5/12-9           from Ch. 23, par. 12-9
27    305 ILCS 5/12-11          from Ch. 23, par. 12-11
28    305 ILCS 5/12-10.2 rep.
29    750 ILCS 5/705            from Ch. 40, par. 705
30    750 ILCS 5/706.1          from Ch. 40, par. 706.1
31    750 ILCS 5/709            from Ch. 40, par. 709
32    750 ILCS 5/712            from Ch. 40, par. 712
33    750 ILCS 15/2.1           from Ch. 40, par. 1105
34    750 ILCS 15/4.1           from Ch. 40, par. 1107.1
                            -240-              LRB9005376SMmb
 1    750 ILCS 15/11            from Ch. 40, par. 1114
 2    750 ILCS 20/15a           from Ch. 40, par. 1215a
 3    750 ILCS 20/26.1          from Ch. 40, par. 1226.1
 4    750 ILCS 20/29            from Ch. 40, par. 1229
 5    750 ILCS 45/20            from Ch. 40, par. 2520
 6    750 ILCS 45/21            from Ch. 40, par. 2521
 7    750 ILCS 45/22            from Ch. 40, par. 2522

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