[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
| [ Engrossed ] | [ House Amendment 001 ] |
90_HB2050
SEE INDEX
Amends the Attorney General Act, the Public Aid Code, the
Marriage and Dissolution of Marriage Act, the Non-Support of
Spouse and Children Act, the Revised Uniform Reciprocal
Enforcement of Support Act, the Uniform Interstate Family
Support Act, the Expedited Child Support Act of 1990, and the
Illinois Parentage Act of 1984. Transfers child support
collection functions from the Department of Public Aid to the
Attorney General. Effective immediately.
LRB9004624DJbd
LRB9004624DJbd
1 AN ACT concerning 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 Attorney General Act is amended by adding
5 Sections 7.1 through 7.250 as follows:
6 (15 ILCS 205/7.1 new)
7 Sec. 7.1. Transfer of powers from Department of Public
8 Aid.
9 (a) On the effective date of this amendatory Act of
10 1997, all the rights, powers, and duties vested by law in the
11 Illinois Department of Public Aid or the Department's Child
12 and Spouse Support Unit under Article X of the Illinois
13 Public Aid Code are transferred to the Attorney General.
14 Wherever, in any other Act, there is a reference to the
15 Illinois Department of Public Aid or the Department's Child
16 and Spouse Support Unit or to an officer, employee, or agent
17 of that Department or Unit concerning rights, powers, and
18 duties vested or performed under the authority of Article X
19 of the Illinois Public Aid Code, that reference, beginning on
20 the effective date of this amendatory Act of 1997, means the
21 Attorney General, the Child and Spouse Support Unit
22 established under Section 7.20 of this Act, or an officer,
23 employee, or agent of the Attorney General or the Child and
24 Spouse Support Unit established under Section 7.20.
25 (b) All books, records, property, pending business, and
26 funds pertaining to the rights, powers, and duties
27 transferred under this Section and in the custody of the
28 Illinois Department of Public Aid or the Department's Child
29 and Spouse Support Unit on the effective date of this
30 amendatory Act of 1997 shall be delivered and transferred to
31 the Attorney General on that date.
-2- LRB9004624DJbd
1 (c) Beginning on the effective date of this amendatory
2 Act of 1997, the rights, powers, and duties transferred by
3 this Section to the Attorney General shall be vested in and
4 shall be exercised by the Attorney General subject to the
5 provisions of this Section through Section 7.250. Each act
6 done in the exercise of those rights, powers, and duties
7 shall have the same legal effect as if done by the Illinois
8 Department of Public Aid or that Department's Child and
9 Spouse Support Unit.
10 (d) Beginning on the effective date of this amendatory
11 Act of 1997, every person and other legal entity shall be
12 subject to the same obligations and duties, and civil and
13 criminal penalties arising from those obligations and duties,
14 and shall have the same rights arising from the exercise of
15 rights, powers, and duties by the Attorney General or an
16 officer, employee, or agent of the Attorney General, as if
17 those rights, powers, and duties have been exercised by the
18 Illinois Department of Public Aid, that Department's Child
19 and Spouse Support Unit, or an officer, employee, or agent of
20 that Department or Unit.
21 (e) Whenever reports or notices are now required to be
22 made or given or papers or documents furnished or served by
23 any person to or upon the Illinois Department of Public Aid
24 or that Department's Child and Spouse Support Unit under
25 Article X of the Illinois Public Aid Code, those reports or
26 notices shall, on and after the effective date of this
27 amendatory Act of 1997, be made, given, furnished, or served
28 in the same manner to or upon the Attorney General.
29 (f) The provisions of this Section through Section 7.250
30 do not affect any act done, ratified, or cancelled, or any
31 right occurring or established, or any action or proceeding
32 had or commenced in an administrative, civil, or criminal
33 cause before the effective date of this amendatory Act of
34 1997 by the Illinois Department of Public Aid or that
-3- LRB9004624DJbd
1 Department's Child and Spouse Support Unit under Article X of
2 the Illinois Public Aid Code, and those actions or
3 proceedings may be prosecuted and continued by the Attorney
4 General.
5 (g) No by-law, rule, or regulation adopted by the
6 Illinois Department of Public Aid as an exercise of a right,
7 power, or duty that has been transferred to the Attorney
8 General under this Section through Section 7.250 shall be
9 affected by those Sections. On the effective date of this
10 amendatory Act of 1997, those by-laws, rules, and regulations
11 shall become the by-laws, rules, and regulations of the
12 Attorney General.
13 (h) If waivers of any federal law or regulation are
14 necessary to enable the Attorney General to implement any
15 provisions of this amendatory Act of 1997, the Attorney
16 General, promptly after the effective date of this amendatory
17 Act of 1997, shall apply for those waivers, and
18 implementation of those provisions is conditioned on the
19 Attorney General's receipt of those waivers.
20 (15 ILCS 205/7.5 new)
21 Sec. 7.5. Public policy; persons eligible for services;
22 fees. It is the intent of the Illinois Public Aid Code that
23 the financial aid and social welfare services provided under
24 that Code supplement rather than supplant the primary and
25 continuing obligation of the family unit for self-support to
26 the fullest extent permitted by the resources available to
27 it. This primary and continuing obligation applies whether
28 the family unit of parents and children or of husband and
29 wife remains intact and resides in a common household or
30 whether the unit has been broken by absence of one or more
31 members of the unit. The obligation of the family unit is
32 particularly applicable when a member is in necessitous
33 circumstances and lacks the means of a livelihood compatible
-4- LRB9004624DJbd
1 with health and well-being.
2 It is the purpose of Sections 7.1 through 7.250 to
3 provide for locating an absent parent or spouse, for
4 determining his financial circumstances, and for enforcing
5 his legal obligation of support, if he is able to furnish
6 support, in whole or in part. The Attorney General shall
7 give priority to establishing, enforcing and collecting the
8 current support obligation, and then to past due support owed
9 to the family unit, except with respect to collections
10 effected through the intercept programs provided for in
11 Sections 7.1 through 7.250.
12 The child and spouse support services provided under
13 Sections 7.1 through 7.250 shall be furnished dependents of
14 an absent parent or spouse who are applicants for or
15 recipients of financial aid under the Illinois Public Aid
16 Code. It is not, however, a condition of eligibility for
17 financial aid under that Code that there be no responsible
18 relatives who are reasonably able to provide support. Nor,
19 except as provided in Section 4-1.7 of that Code and Section
20 7.50 of this Act, shall the existence of such relatives or
21 their payment of support contributions disqualify a needy
22 person for financial aid.
23 By accepting financial aid under the Illinois Public Aid
24 Code, a spouse or a parent or other person having custody of
25 a child shall be deemed to have made assignment to the
26 Illinois Department of Public Aid (for aid under Articles
27 III, IV, V, and VII of that Code) or to a local governmental
28 unit (for aid under Article VI of that Code) of all rights,
29 title, and interest in any support obligation up to the
30 amount of financial aid provided by that department or local
31 governmental unit. The rights to support assigned to the
32 Illinois Department of Public Aid, Department of Human
33 Services, or local governmental unit shall constitute an
34 obligation owed the State or local governmental unit by the
-5- LRB9004624DJbd
1 person who is responsible for providing the support, and
2 shall be collectible under all applicable processes.
3 At the discretion of the Attorney General, the child and
4 spouse support services established under Sections 7.1
5 through 7.250 may also be furnished in behalf of spouses and
6 dependent children who are not applicants for or recipients
7 of financial aid under the Illinois Public Aid Code. The
8 Attorney General may limit eligibility of these persons to
9 designated income classes. If non-applicants and
10 non-recipients are included, the Attorney General may
11 establish a schedule of reasonable fees, to be paid for the
12 services provided and may deduct a collection fee, not to
13 exceed 10% of the amount collected, from such collection. The
14 Attorney General shall cause to be published and distributed
15 publications reasonably calculated to inform the public that
16 individuals who are not recipients of or applicants for
17 public aid under the Illinois Public Aid Code are eligible
18 for the child and spouse support services under Sections 7.1
19 through 7.250. Such publications shall set forth an
20 explanation, in plain language, that the child and spouse
21 support services program is independent of any public aid
22 program under the Code and that the receiving of child and
23 spouse support service in no way implies that the person
24 receiving such service is receiving public aid.
25 (15 ILCS 205/7.10 new)
26 Sec. 7.10. Extent of liability. A husband is liable for
27 the support of his wife and a wife for the support of her
28 husband. The parents are severally liable for the support of
29 any child under age 21, except that a parent is not liable
30 for a child age 18 or over if such child is not living with
31 the parent or parents, and a parent is not liable for a child
32 of any age if the child has married and is not living with
33 the parent or parents. A child shall be considered to be
-6- LRB9004624DJbd
1 living with the parent or parents if such child is absent
2 from the parent's or parents' home only in order to regularly
3 attend a school, college or university or to receive
4 technical training designed for preparation for gainful
5 employment. The term "child" includes a child born out of
6 wedlock, or legally adopted child, but the liability of the
7 father of a child born out of wedlock shall not be
8 enforceable unless he has been determined to be the child's
9 father in a judicial or administrative proceeding, or he has
10 or shall acknowledge paternity of the child in accordance
11 with Section 7.210 of this Act and Section 12 of the Vital
12 Records Act.
13 In addition to the primary obligation of support imposed
14 upon responsible relatives, such relatives, if individually
15 or together in any combination they have sufficient income or
16 other resources to support a needy person, in whole or in
17 part, shall be liable for any financial aid extended under
18 the Illinois Public Aid Code to a person for whose support
19 they are responsible, including amounts expended for funeral
20 and burial costs.
21 (15 ILCS 205/7.15 new)
22 Sec. 7.15. Standard for determining ability to support.
23 The Attorney General shall establish a standard by which
24 shall be measured the ability of responsible relatives to
25 provide support, and shall implement the standard by rules
26 governing its application. The standard and the rules shall
27 take into account the buying and consumption patterns of
28 self-supporting persons of modest income, present or future
29 contingencies having direct bearing on maintenance of the
30 relative's self-support status and fulfillment of his
31 obligations to his immediate family, and any unusual or
32 exceptional circumstances including estrangement or other
33 personal or social factors, that have a bearing on family
-7- LRB9004624DJbd
1 relationships and the relative's ability to meet his support
2 obligations. The standard shall be recomputed periodically
3 to reflect changes in the cost of living and other pertinent
4 factors.
5 In addition to the standard, the Attorney General may
6 establish guidelines to be used exclusively to measure the
7 ability of responsible relatives to provide support on behalf
8 of applicants for or recipients of financial aid under
9 Article IV of the Illinois Public Aid Code and other persons
10 who are given access to the child and spouse support services
11 of Sections 7.1 through 7.250 of this Act as provided in
12 Section 7.5. In such case, the Attorney General shall base
13 the guidelines upon the applicable provisions of Sections
14 504, 505 and 505.2 of the Illinois Marriage and Dissolution
15 of Marriage Act and shall implement such guidelines by rules
16 governing their application.
17 The term "administration enforcement unit", when used in
18 Sections 7.5 through 7.250, means local governmental units or
19 the Child and Spouse Support Unit established under Section
20 7.20 when exercising the powers designated in Sections 7.1
21 through 7.250. The administrative enforcement unit shall
22 apply the standard or guidelines, rules and procedures
23 provided for by this Section and Sections 7.30 through 7.50
24 in determining the ability of responsible relatives to
25 provide support for applicants for or recipients of financial
26 aid under the Illinois Public Aid Code, except that the
27 administrative enforcement unit may apply such standard or
28 guidelines, rules and procedures at its discretion with
29 respect to those applicants for or recipients of financial
30 aid under Article IV of that Code and other persons who are
31 given access to the child and spouse support services of
32 Sections 7.1 through 7.250 of this Act as provided by Section
33 7.5.
-8- LRB9004624DJbd
1 (15 ILCS 205/7.20 new)
2 Sec. 7.20. Child and Spouse Support Unit. The Attorney
3 General shall establish within his or her administrative
4 staff a Child and Spouse Support Unit to search for and
5 locate absent parents and spouses liable for the support of
6 persons resident in this State and to exercise the support
7 enforcement powers and responsibilities assigned the Attorney
8 General by Sections 7.1 through 7.250. The Unit shall
9 cooperate with all law enforcement officials in this State
10 and with the authorities of other states in locating persons
11 responsible for the support of persons resident in other
12 states and shall invite the cooperation of these authorities
13 in the performance of its duties.
14 In addition to other duties assigned the Child and Spouse
15 Support Unit by Sections 7.1 through 7.250, the Unit may
16 refer to units of local government any actions under Sections
17 7.60 and 7.155 for judicial enforcement of the support
18 liability.
19 The Attorney General may enter into agreements with local
20 governmental units or individuals for the collection of
21 moneys owing because of the failure of a parent to make child
22 support payments for any child receiving services under
23 Sections 7.1 through 7.250. Such agreements may be on a
24 contingent fee basis, but such contingent fee shall not
25 exceed 25% of the total amount collected.
26 An attorney who provides representation pursuant to this
27 Section shall represent the Attorney General exclusively.
28 Regardless of the designation of the plaintiff in an action
29 brought pursuant to this Section, an attorney-client
30 relationship does not exist for purposes of that action
31 between that attorney and (i) an applicant for or recipient
32 of child and spouse support services or (ii) any other party
33 to the action other than the Attorney General. Nothing in
34 this Section shall be construed to modify any power or duty
-9- LRB9004624DJbd
1 (including a duty to maintain confidentiality) of the Child
2 and Spouse Support Unit or the Attorney General otherwise
3 provided by law.
4 The Attorney General may enter into agreements with local
5 governmental units for the Child and Spouse Support Unit to
6 exercise the investigative and enforcement powers designated
7 in Sections 7.1 through 7.250, including the issuance of
8 administrative orders under Section 7.80, in locating
9 responsible relatives and obtaining support for persons
10 applying for or receiving aid under Article VI of the
11 Illinois Public Aid Code. Payments for defrayment of
12 administrative costs and support payments obtained shall be
13 deposited into the Public Assistance Recoveries Trust Fund.
14 Support payments shall be paid over to the General Assistance
15 Fund of the local governmental unit at such time or times as
16 the agreement may specify.
17 With respect to those cases in which it has support
18 enforcement powers and responsibilities under Sections 7.1
19 through 7.250, the Attorney General may provide by rule for
20 periodic or other review of each administrative and court
21 order for support to determine whether a modification of the
22 order should be sought. The Attorney General shall provide
23 for and conduct such review in accordance with any applicable
24 federal law and regulation.
25 As part of its process for review of orders for support,
26 the Attorney General, through written notice, may require the
27 responsible relative to disclose his or her Social Security
28 Number and past and present information concerning the
29 relative's address, employment, gross wages, deductions from
30 gross wages, net wages, bonuses, commissions, number of
31 dependent exemptions claimed, individual and dependent health
32 insurance coverage, and any other information necessary to
33 determine the relative's ability to provide support in a case
34 receiving child and spouse support services under Sections
-10- LRB9004624DJbd
1 7.1 through 7.250.
2 If the responsible relative fails to fully respond to the
3 notice for information within 15 days after the date the
4 relative receives the notice, the Attorney General may send a
5 written request for the same information to the relative's
6 employer. The employer shall respond to the request for
7 information within 15 days after the date the employer
8 receives the request. If the employer willfully fails to
9 fully respond within the 15-day period, the employer shall
10 pay a penalty of $100 for each day that the response is not
11 provided to the Attorney General after the 15-day period has
12 expired. The penalty may be collected in a civil action
13 which may be brought against the employer in favor of the
14 Attorney General.
15 A written request for information sent to an employer
16 pursuant to this Section shall consist of (i) a citation of
17 this Section as the statutory authority for the request and
18 for the employer's obligation to provide the requested
19 information, (ii) a returnable form setting forth the
20 employer's name and address and listing the name of the
21 employee with respect to whom information is requested, and
22 (iii) a citation of this Section as the statutory authority
23 authorizing the employer to withhold a fee of up to $20 from
24 the wages or income to be paid to each responsible relative
25 for providing the information to the Attorney General within
26 the 15-day period. If the employer is withholding support
27 payments from the responsible relative's income pursuant to
28 an order for withholding, the employer may withhold the fee
29 provided for in this Section only after withholding support
30 as required under the order. Any amounts withheld from the
31 responsible relative's income for payment of support and the
32 fee provided for in this Section shall not be in excess of
33 the amounts permitted under the federal Consumer Credit
34 Protection Act.
-11- LRB9004624DJbd
1 In a case receiving child and spouse support services,
2 the Attorney General may request and obtain information from
3 a particular employer under this Section no more than once in
4 any 12-month period, unless the information is necessary to
5 conduct a review of a court or administrative order for
6 support at the request of the person receiving child and
7 spouse support services.
8 The Attorney General shall establish and maintain an
9 administrative unit to receive and transmit to the Child and
10 Spouse Support Unit information supplied by persons applying
11 for or receiving child and spouse support services under
12 Section 7.5. In addition, the Attorney General shall address
13 and respond to any alleged deficiencies that persons
14 receiving or applying for services from the Child and Spouse
15 Support Unit may identify concerning the Child and Spouse
16 Support Unit's provision of child and spouse support
17 services. Within 60 days after an action or failure to act by
18 the Child and Spouse Support Unit that affects his or her
19 case, a recipient of or applicant for child and spouse
20 support services under Sections 7.1 through 7.250 may request
21 an explanation of the Unit's handling of the case. At the
22 requestor's option, the explanation may be provided either
23 orally in an interview, in writing, or both. If the Attorney
24 General fails to respond to the request for an explanation or
25 fails to respond in a manner satisfactory to the applicant or
26 recipient within 30 days from the date of the request for an
27 explanation, the applicant or recipient may request a
28 conference for further review of the matter by the Office of
29 the Administrator of the Child and Spouse Support Unit. A
30 request for a conference may be submitted at any time within
31 60 days after the explanation has been provided by the Child
32 and Spouse Support Unit or within 60 days after the time for
33 providing the explanation has expired.
34 The applicant or recipient may request a conference
-12- LRB9004624DJbd
1 concerning any decision denying or terminating child or
2 spouse support services under Sections 7.1 through 7.250, and
3 the applicant or recipient may also request a conference
4 concerning the Unit's failure to provide services or the
5 provision of services in an amount or manner that is
6 considered inadequate. For purposes of this Section, the
7 Child and Spouse Support Unit includes all local governmental
8 units or individuals with whom the Attorney General has
9 contracted under this Section.
10 Upon receipt of a timely request for a conference, the
11 Office of the Administrator shall review the case. The
12 applicant or recipient requesting the conference shall be
13 entitled, at his or her option, to appear in person or to
14 participate in the conference by telephone. The applicant or
15 recipient requesting the conference shall be entitled to be
16 represented and to be afforded a reasonable opportunity to
17 review the Attorney General's file before or at the
18 conference. At the conference, the applicant or recipient
19 requesting the conference shall be afforded an opportunity to
20 present all relevant matters in support of his or her claim.
21 Conferences shall be without cost to the applicant or
22 recipient requesting the conference and shall be conducted by
23 a representative of the Child or Spouse Support Unit who did
24 not participate in the action or inaction being reviewed.
25 The Office of the Administrator shall conduct a
26 conference and inform all interested parties, in writing, of
27 the results of the conference within 60 days from the date of
28 filing of the request for a conference.
29 In addition to its other powers and responsibilities
30 established by Sections 7.1 through 7.250, the Child and
31 Spouse Support Unit shall conduct an annual assessment of
32 each institution's program for institution based paternity
33 establishment under Section 12 of the Vital Records Act.
-13- LRB9004624DJbd
1 (15 ILCS 205/7.25 new)
2 Sec. 7.25. Parent locator service. The Attorney General
3 through the Child and Spouse Support Unit shall enter into
4 agreements with the Secretary of Health and Human Services or
5 his designee under which the services of the federal Parent
6 Locator Service established by the Social Security Act are
7 made available to this State and the Attorney General for the
8 purpose of locating an absent parent or child when the child
9 has been abducted or otherwise improperly removed or retained
10 from the physical custody of a parent or other person
11 entitled to custody of the child, or in connection with the
12 making or enforcing of a child custody determination in
13 custody proceedings instituted under the Uniform Child
14 Custody Jurisdiction Act, or otherwise in accordance with
15 law. The Attorney General shall provide general information
16 to the public about the availability and use of the Parent
17 Locator Service in relation to child abduction and custody
18 determination proceedings, shall promptly respond to
19 inquiries made by those parties specified by federal
20 regulations upon receipt of information as to the location of
21 an absent parent or child from the federal Parent Locator
22 Service, and shall maintain accurate records as to the number
23 of such inquiries received and processed by the Attorney
24 General.
25 (15 ILCS 205/7.27 new)
26 Sec. 7.27. Locating support obligor. The Child and
27 Spouse Support Unit may request and receive from employers,
28 labor unions, telephone companies, and utility companies
29 location information concerning putative fathers and
30 noncustodial parents for the purpose of establishing a
31 child's paternity or establishing, enforcing, or modifying a
32 child support obligation. In this Section, "location
33 information" means information about (i) the physical
-14- LRB9004624DJbd
1 whereabouts of a putative father or noncustodial parent, (ii)
2 the putative father or noncustodial parent's employer, or
3 (iii) the salary, wages, and other compensation paid and the
4 health insurance coverage provided to the putative father or
5 noncustodial parent by the employer of the putative father or
6 noncustodial parent or by a labor union of which the putative
7 father or noncustodial parent is a member.
8 (15 ILCS 205/7.30 new)
9 Sec. 7.30. Notification of support obligation. The
10 administrative enforcement unit within the authorized area of
11 its operation shall notify each responsible relative of an
12 applicant or recipient, or responsible relatives of other
13 persons given access to the support services of Sections 7.1
14 through 7.250, of his legal obligation to support and shall
15 request such information concerning his financial status as
16 may be necessary to determine whether he is financially able
17 to provide such support, in whole or in part. In cases
18 involving a child born out of wedlock, the notification shall
19 include a statement that the responsible relative has been
20 named as the biological father of the child identified in the
21 notification.
22 In the case of applicants, the notification shall be sent
23 as soon as practical after the filing of the application. In
24 the case of recipients, the notice shall be sent at such time
25 as may be established by rule of the Attorney General.
26 The notice shall be accompanied by the forms or
27 questionnaires provided in Section 7.35. It shall inform the
28 relative that he may be liable for reimbursement of any
29 support furnished from public aid funds prior to
30 determination of the relative's financial circumstances, as
31 well as for future support. In the alternative, when support
32 is sought on behalf of applicants for or recipients of
33 financial aid under Article IV of the Illinois Public Aid
-15- LRB9004624DJbd
1 Code and other persons who are given access to the child and
2 spouse support services of Section 7.1 through 7.250 as
3 provided in Section 7.5, the notice shall inform the relative
4 that the relative may be required to pay support for a period
5 before the date an administrative support order is entered,
6 as well as future support.
7 Neither the mailing nor receipt of such notice shall be
8 deemed a jurisdictional requirement for the subsequent
9 exercise of the investigative procedures undertaken by an
10 administrative enforcement unit or the entry of any order or
11 determination of paternity or support or reimbursement by the
12 administrative enforcement unit; except that notice shall be
13 served by certified mail addressed to the responsible
14 relative at his or her last known address, return receipt
15 requested, or by any method provided by law for service of
16 summons, in cases where a determination of paternity or
17 support by default is sought on behalf of applicants for or
18 recipients of financial aid under Article IV of the Illinois
19 Public Aid Code and other persons who are given access to the
20 child and spouse support services of Sections 7.1 through
21 7.250 as provided in Section 7.5.
22 (15 ILCS 205/7.35 new)
23 Sec. 7.35. Declarations by responsible relatives;
24 penalty.
25 Information requested of responsible relatives shall be
26 submitted on forms or questionnaires prescribed by the
27 Attorney General or local governmental units, as the case may
28 be, and shall contain a written declaration to be signed by
29 the relative in substantially the following form:
30 "I declare under penalties of perjury that I have
31 examined this form (or questionnaire) and all accompanying
32 statements or documents pertaining to my income, resources,
33 or any other matter having bearing upon my status and ability
-16- LRB9004624DJbd
1 to provide support, and to the best of my knowledge and
2 belief the information supplied is true, correct, and
3 complete."
4 A person who makes and subscribes a form or questionnaire
5 which contains, as hereinabove provided, a written
6 declaration that it is made under the penalties of perjury,
7 knowing it to be false, incorrect or incomplete, in respect
8 to any material statement or representation bearing upon his
9 status as a responsible relative, or upon his income,
10 resources, or other matter concerning his ability to provide
11 support, shall be subject to the penalties for perjury
12 provided for in Section 32-2 of the Criminal Code of 1961.
13 (15 ILCS 205/7.40 new)
14 Sec. 7.40. Investigation and determination. The
15 administrative enforcement unit shall review the forms or
16 questionnaires returned by each responsible relative and
17 supplement the information provided therein, where required,
18 by such additional consultations with the responsible
19 relative and such other investigations as may be necessary,
20 including genetic testing if paternity is an issue, and,
21 applying the standard or guidelines and regulations
22 established by the Attorney General, shall determine whether
23 and the extent to which, the responsible relative
24 individually or together in any combination, are reasonably
25 able to provide support. If the child was born out of
26 wedlock and the case is subject to the voluntary
27 acknowledgment of paternity or the administrative
28 determination of paternity under rules established under
29 Section 7.210, the Child and Spouse Support Unit of the
30 Attorney General shall determine the child support obligation
31 under subsection (b) of Section 7.45 upon establishing the
32 child's paternity.
33 In aid of its investigative authority, the Child and
-17- LRB9004624DJbd
1 Spouse Support Unit may use the subpoena power as set forth
2 in Sections 7.1 through 7.250.
3 The Attorney General, by rule, may authorize the
4 administrative enforcement units to conduct periodic or other
5 reinvestigations and redeterminations of the financial
6 ability of responsible relatives. Any redeterminations shall
7 have the effect of altering, amending, or modifying previous
8 determinations and administrative orders entered pursuant to
9 Sections 7.45 and 7.80. However, any redetermination which
10 establishes liability for support or reimbursement, or which
11 modifies the support or reimbursement liability specified in
12 a prior order, shall be subject to the provisions of Section
13 7.90 and the administrative and judicial review procedures
14 herein provided for original orders.
15 (15 ILCS 205/7.45 new)
16 Sec. 7.45. Notice of support due.
17 (a) When an administrative enforcement unit has
18 determined that a responsible relative is financially able to
19 contribute to the support of an applicant or recipient, the
20 responsible relative shall be notified by mailing him a copy
21 of the determination by United States registered or certified
22 mail, advising him of his legal obligation to make support
23 payments for such period or periods of time, definite in
24 duration or indefinite, as the circumstances require. The
25 notice shall direct payment as provided in Section 7.50.
26 Where applicable, the determination and notice may include a
27 demand for reimbursement for emergency aid granted an
28 applicant or recipient during the period between the
29 application and determination of the relative's obligation
30 for support and for aid granted during any subsequent period
31 the responsible relative was financially able to provide
32 support but failed or refused to do so.
33 (b) In the alternative, when support is sought on behalf
-18- LRB9004624DJbd
1 of applicants for or recipients of financial aid under
2 Article IV of the Illinois Public Aid Code and other persons
3 who are given access to the child and spouse support services
4 of Sections 7.1 through 7.250 as provided in Section 7.5, the
5 administrative enforcement unit shall not be required to send
6 the notice and may enter an administrative order immediately
7 under the provisions of Section 7.80. The order shall be
8 based upon the determination made under the provisions of
9 Section 7.40 or, in instances of default, upon the needs of
10 the persons for whom support is sought. In addition to
11 requiring payment of future support, the administrative order
12 may require payment of support for a period before the date
13 the order is entered. The amount of support to be paid for
14 the prior period shall be determined under the guidelines
15 established by the Attorney General pursuant to Section 7.15.
16 The order shall direct payment as provided in Section 7.60.
17 (15 ILCS 205/7.50 new)
18 Sec. 7.50. Support payments. The notice to responsible
19 relatives issued pursuant to Section 7.45 shall direct
20 payment (i) to the Illinois Department of Public Aid in cases
21 of applicants and recipients under Articles III, IV, V and
22 VII of the Illinois Public Aid Code, (ii) except as provided
23 in Section 7.20, to the local governmental unit in the case
24 of applicants and recipients under Article VI of the Illinois
25 Public Aid Code, and (iii) to the Attorney General in cases
26 of non-applicants and non-recipients given access to the
27 child and spouse support services of Sections 7.1 through
28 7.250, as provided by Section 7.5. However, if the support
29 payments by responsible relatives are sufficient to meet
30 needs of a recipient in full, including current and
31 anticipated medical needs, and the Attorney General or the
32 local governmental unit, as the case may be, has reasonable
33 grounds to believe that such needs will continue to be
-19- LRB9004624DJbd
1 provided in full by the responsible relatives, the relatives
2 may be directed to make subsequent support payments to the
3 needy person or to some person or agency in his behalf and
4 the recipient shall be removed from the public aid rolls. In
5 such instance the recipient also shall be notified by
6 registered or certified mail of the action taken. If a
7 recipient removed from the public aid rolls requests the
8 Attorney General to continue to collect the support payments
9 in his behalf, the Attorney General, at his option, may do so
10 and pay amounts so collected to the person. The Attorney
11 General may provide for deducting any costs incurred by him
12 in making the collection from the amount of any recovery made
13 and pay only the net amount to the person.
14 Payments under this Section to the Illinois Department of
15 Public Aid or the Attorney General pursuant to the Child
16 Support Enforcement Program established by Title IV-D of the
17 Social Security Act shall be paid into the Child Support
18 Enforcement Trust Fund. All other payments under this Section
19 to the Illinois Department of Public Aid shall be deposited
20 in the Public Assistance Recoveries Trust Fund. Disbursements
21 from these funds shall be as provided in Sections 12-9 and
22 12-10.2 of the Illinois Public Aid Code. Payments received by
23 a local governmental unit shall be deposited in that unit's
24 General Assistance Fund.
25 (15 ILCS 205/7.55 new)
26 Sec. 7.55. Alternative actions to enforce support. If a
27 responsible relative fails or refuses to furnish support, or
28 contributes less than the amount indicated by the
29 determination, the administrative enforcement unit shall take
30 action to enforce support in accordance with Section 7.60 or
31 Section 7.80.
32 (15 ILCS 205/7.60 new)
-20- LRB9004624DJbd
1 Sec. 7.60. Court enforcement. Except where the Attorney
2 General, by agreement, acts for the local governmental unit,
3 as provided in Section 7.20, local governmental units shall
4 refer to the State's Attorney or to the proper legal
5 representative of the governmental unit, for judicial
6 enforcement as herein provided, instances of non-support or
7 insufficient support when the dependents are applicants or
8 recipients under Article VI of the Illinois Public Aid Code.
9 The Child and Spouse Support Unit established by Section 7.20
10 may institute in behalf of the Illinois Department of Public
11 Aid any actions under this Section for judicial enforcement
12 of the support liability when the dependents are applicants
13 or recipients under Articles III, IV, V or VII of the
14 Illinois Public Aid Code. The Unit may institute in behalf of
15 the Attorney General any actions under this Section for
16 judicial enforcement of the support liability when the
17 dependents are applicants or recipients in a local
18 governmental unit when the Attorney General, by agreement,
19 acts for the unit. The Unit may institute in behalf of the
20 dependents any actions under this Section for judicial
21 enforcement of the support liability when the dependents are
22 non-applicants or non-recipients who are receiving support
23 enforcement services under Sections 7.1 through 7.250, as
24 provided in Section 7.5. Where the Child and Spouse Support
25 Unit has exercised its option and discretion not to apply the
26 provisions of Sections 7.15 through 7.50, the failure by the
27 Unit to apply such provisions shall not be a bar to bringing
28 an action under this Section.
29 Action shall be brought in the circuit court to obtain
30 support, or for the recovery of aid granted during the period
31 such support was not provided, or both for the obtainment of
32 support and the recovery of the aid provided. Actions for
33 the recovery of aid may be taken separately or they may be
34 consolidated with actions to obtain support. Such actions
-21- LRB9004624DJbd
1 may be brought in the name of the person or persons requiring
2 support, or may be brought in the name of the Illinois
3 Department of Public Aid or the local governmental unit, as
4 the case requires, in behalf of such persons.
5 The court may enter such orders for the payment of moneys
6 for the support of the person as may be just and equitable
7 and may direct payment thereof for such period or periods of
8 time as the circumstances require, including support for a
9 period before the date the order for support is entered. The
10 order may be entered against any or all of the defendant
11 responsible relatives and may be based upon the proportionate
12 ability of each to contribute to the person's support.
13 The Court shall determine the amount of child support
14 (including child support for a period before the date the
15 order for support is entered) by using the guidelines and
16 standards set forth in subsection (a) of Section 505 and in
17 Section 505.2 of the Illinois Marriage and Dissolution of
18 Marriage Act. For purposes of determining the amount of
19 child support to be paid for a period before the date the
20 order for child support is entered, there is a rebuttable
21 presumption that the responsible relative's net income for
22 that period was the same as his or her net income at the time
23 the order is entered.
24 The Court shall determine the amount of maintenance using
25 the standards set forth in Section 504 of the Illinois
26 Marriage and Dissolution of Marriage Act.
27 Any new or existing support order entered by the court
28 under this Section shall be deemed to be a series of
29 judgments against the person obligated to pay support
30 thereunder, each such judgment to be in the amount of each
31 payment or installment of support and each such judgment to
32 be deemed entered as of the date the corresponding payment or
33 installment becomes due under the terms of the support order.
34 Each such judgment shall have the full force, effect and
-22- LRB9004624DJbd
1 attributes of any other judgment of this State, including the
2 ability to be enforced. Any such judgment is subject to
3 modification or termination only in accordance with Section
4 510 of the Illinois Marriage and Dissolution of Marriage Act.
5 When an order is entered for the support of a minor, the
6 court may provide therein for reasonable visitation of the
7 minor by the person or persons who provided support pursuant
8 to the order. Whoever willfully refuses to comply with such
9 visitation order or willfully interferes with its enforcement
10 may be declared in contempt of court and punished therefor.
11 Except where the local governmental unit has entered into
12 an agreement with the Attorney General for the Child and
13 Spouse Support Unit to act for it, as provided in Section
14 7.20, support orders entered by the court in cases involving
15 applicants or recipients under Article VI of the Illinois
16 Public Aid Code shall provide that payments thereunder be
17 made directly to the local governmental unit. Orders for the
18 support of all other applicants or recipients under that Code
19 shall provide that payments thereunder be made directly to
20 the Illinois Department of Public Aid. In accordance with
21 federal law and regulations, the Attorney General may
22 continue to collect current maintenance payments or child
23 support payments, or both, after those persons cease to
24 receive public assistance and until termination of services
25 under Sections 7.1 through 7.250. The Attorney General shall
26 pay the net amount collected to those persons after deducting
27 any costs incurred in making the collection or any collection
28 fee from the amount of any recovery made. In both cases the
29 order shall permit the local governmental unit or the
30 Illinois Department of Public Aid, as the case may be, to
31 direct the responsible relative or relatives to make support
32 payments directly to the needy person, or to some person or
33 agency in his behalf, upon removal of the person from the
34 public aid rolls or upon termination of services under
-23- LRB9004624DJbd
1 Sections 7.1 through 7.250.
2 If the notice of support due issued pursuant to Section
3 7.45 directs that support payments be made directly to the
4 needy person, or to some person or agency in his behalf, and
5 the recipient is removed from the public aid rolls, court
6 action may be taken against the responsible relative
7 hereunder if he fails to furnish support in accordance with
8 the terms of such notice.
9 Actions may also be brought under this Section in behalf
10 of any person who is in need of support from responsible
11 relatives, as defined in Section 2-11 of the Illinois Public
12 Aid Code who is not an applicant for or recipient of
13 financial aid under that Code. In such instances, the
14 State's Attorney of the county in which such person resides
15 shall bring action against the responsible relatives
16 hereunder. If the Attorney General, as authorized by Section
17 7.5, extends the support services provided by this Article to
18 spouses and dependent children who are not applicants or
19 recipients under the Illinois Public Aid Code, the Child and
20 Spouse Support Unit established by Section 7.20 shall bring
21 action against the responsible relatives hereunder and any
22 support orders entered by the court in such cases shall
23 provide that payments thereunder be made directly to the
24 Attorney General.
25 Whenever it is determined in a proceeding to establish or
26 enforce a child support or maintenance obligation that the
27 person owing a duty of support is unemployed, the court may
28 order the person to seek employment and report periodically
29 to the court with a diary, listing or other memorandum of his
30 or her efforts in accordance with such order. Additionally,
31 the court may order the unemployed person to report to the
32 Department of Employment Security for job search services or
33 to make application with the local Jobs Training Partnership
34 Act provider for participation in job search, training or
-24- LRB9004624DJbd
1 work programs and where the duty of support is owed to a
2 child receiving support services under Sections 7.1 through
3 7.250, the court may order the unemployed person to report to
4 the Illinois Department of Public Aid (before July 1, 1997)
5 or the Department of Human Services (after June 30, 1997) for
6 participation in job search, training or work programs
7 established under Section 9-6 of the Illinois Public Aid
8 Code.
9 A determination under this Section shall not be
10 administratively reviewable by the procedures specified in
11 Sections 7.90 and 7.95 through 7.145. Any determination under
12 those Sections, if made the basis of court action under this
13 Section, shall not affect the de novo judicial determination
14 required under this Section.
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 Sections 7.1 through 7.250 shall include a provision
18 requiring the non-custodial parent to notify the Attorney
19 General, within 7 days, of the name and address of any new
20 employer of the non-custodial parent, whether the
21 non-custodial parent has access to health insurance coverage
22 through the employer or other group coverage, and, if so, the
23 policy name and number and the names of persons covered under
24 the policy.
25 An order for support shall include a date on which the
26 current support obligation terminates. The termination date
27 shall be no earlier than the date on which the child covered
28 by the order will attain the age of majority or is otherwise
29 emancipated. The order for support shall state that the
30 termination date does not apply to any arrearage that may
31 remain unpaid on that date. Nothing in this paragraph shall
32 be construed to prevent the court from modifying the order.
33 Upon notification in writing or by electronic
34 transmission from the Attorney General to the clerk of the
-25- LRB9004624DJbd
1 court that a person who is receiving support payments under
2 this Section is receiving services under the Child Support
3 Enforcement Program established by Title IV-D of the Social
4 Security Act, any support payments subsequently received by
5 the clerk of the court shall be transmitted in accordance
6 with the instructions of the Attorney General until the
7 Attorney General gives notice to the clerk of the court to
8 cease the transmittal. After providing the notification
9 authorized under this paragraph, the Attorney General shall
10 be entitled as a party to notice of any further proceedings
11 in the case. The clerk of the court shall file a copy of the
12 Attorney General's notification in the court file. The
13 clerk's failure to file a copy of the notification in the
14 court file shall not, however, affect the Attorney General's
15 right to receive notice of further proceedings.
16 Payments under this Section to the Illinois Department of
17 Public Aid or the Attorney General pursuant to the Child
18 Support Enforcement Program established by Title IV-D of the
19 Social Security Act shall be paid into the Child Support
20 Enforcement Trust Fund. All other payments under this Section
21 to the Illinois Department of Public Aid shall be deposited
22 in the Public Assistance Recoveries Trust Fund. Disbursements
23 from these funds shall be as provided in Sections 12-9 and
24 12-10.2 of the Illinois Public Aid Code. Payments received
25 by a local governmental unit shall be deposited in that
26 unit's General Assistance Fund.
27 (15 ILCS 205/7.65 new)
28 Sec. 7.65. Collection fee. In all cases instituted by
29 the Attorney General on behalf of a child or spouse, other
30 than one receiving a grant of financial aid under Article IV
31 of the Illinois Public Aid Code, on whose behalf an
32 application has been made and approved for support services
33 as provided by Section 7.5, the court shall impose a
-26- LRB9004624DJbd
1 collection fee on the individual who owes a child or spouse
2 support obligation in an amount equal to 10% of the amount so
3 owed as long as such collection is required by federal law,
4 which fee shall be in addition to the support obligation.
5 The imposition of such fee shall be in accordance with
6 provisions of Title IV, Part D, of the Social Security Act
7 and regulations duly promulgated thereunder. The fee shall
8 be payable to the clerk of the circuit court for transmittal
9 to the Attorney General and shall continue until support
10 services are terminated by the Attorney General.
11 (15 ILCS 205/7.70 new)
12 Sec. 7.70. Notice to circuit clerk of payment received.
13 For those cases in which support is payable to the clerk of
14 the circuit court for transmittal to the Attorney General or
15 the Illinois Department of Public Aid by order of court, and
16 the Attorney General collects support by assignment, offset,
17 withholding, deduction or other process permitted by law, the
18 Attorney General shall notify the clerk of the date and
19 amount of such collection. Upon notification, the clerk shall
20 record the collection on the payment record for the case.
21 (15 ILCS 205/7.75 new)
22 Sec. 7.75. Transmittal of payments by circuit clerk.
23 For those cases in which child support is payable to the
24 clerk of the circuit court for transmittal to the Attorney
25 General or the Illinois Department of Public Aid by order of
26 court, the clerk shall transmit all such payments, within 4
27 working days of receipt, to ensure that funds are available
28 for immediate distribution by the Attorney General or the
29 Department to the person or entity entitled thereto in
30 accordance with standards of the Child Support Enforcement
31 Program established under Title IV-D of the Social Security
32 Act. The clerk shall notify the Attorney General or the
-27- LRB9004624DJbd
1 Department of the date of receipt and amount thereof at the
2 time of transmittal. Where the clerk has entered into an
3 agreement of cooperation with the Illinois Department of
4 Public Aid to record the terms of child support orders and
5 payments made thereunder directly into the Department's
6 automated data processing system, the clerk shall account
7 for, transmit and otherwise distribute child support payments
8 in accordance with such agreement in lieu of the requirements
9 contained herein.
10 (15 ILCS 205/7.80 new)
11 Sec. 7.80. Administrative orders. In lieu of actions for
12 court enforcement of support under Section 7.60, the Child
13 and Spouse Support Unit of the Attorney General, in
14 accordance with the rules of the Attorney General, may issue
15 an administrative order requiring the responsible relative to
16 comply with the terms of the determination and notice of
17 support due, determined and issued under Sections 7.40 and
18 7.45. The Unit may also enter an administrative order under
19 subsection (b) of Section 7.45. The administrative order
20 shall be served upon the responsible relative by United
21 States registered or certified mail.
22 If a responsible relative fails to petition the Attorney
23 General for release from or modification of the
24 administrative order, as provided in Section 7.90, the order
25 shall become final and there shall be no further
26 administrative or judicial remedy. Likewise a decision by
27 the Attorney General as a result of an administrative
28 hearing, as provided in Sections 7.95 through 7.145, shall
29 become final and enforceable if not judicially reviewed under
30 the Administrative Review Law, as provided in Section 7.150.
31 Any new or existing support order entered by the Attorney
32 General under this Section shall be deemed to be a series of
33 judgments against the person obligated to pay support
-28- LRB9004624DJbd
1 thereunder, each such judgment to be in the amount of each
2 payment or installment of support and each such judgment to
3 be deemed entered as of the date the corresponding payment or
4 installment becomes due under the terms of the support order.
5 Each such judgment shall have the full force, effect and
6 attributes of any other judgment of this State, including the
7 ability to be enforced. Any such judgment is subject to
8 modification or termination only in accordance with Section
9 510 of the Illinois Marriage and Dissolution of Marriage Act.
10 (15 ILCS 205/7.85 new)
11 Sec. 7.85. Unemployed responsible relatives. Whenever
12 it is determined in a proceeding under Section 7.40, 7.45,
13 7.80, or 7.180 that the responsible relative is unemployed,
14 and support is sought on behalf of applicants for or
15 recipients of financial aid under Article IV of the Illinois
16 Public Aid Code or other persons who are given access to the
17 child and spouse support services of that Article as provided
18 in Section 7.5 of this Act, the administrative enforcement
19 unit may order the responsible relative to report to the
20 Illinois Department of Public Aid (before July 1, 1997) or
21 the Department of Human Services (after June 30, 1997) for
22 participation in job search, training or work programs
23 established under Section 9-6 of the Illinois Public Aid Code
24 or to the Illinois Department of Employment Security for job
25 search services or to make application with the local Jobs
26 Training Partnership Act provider for participation in job
27 search, training or work programs.
28 (15 ILCS 205/7.90 new)
29 Sec. 7.90. Petition for release from or modification of
30 administrative support order. Any responsible relative
31 aggrieved by an administrative order entered under Section
32 7.80 or 7.85 who has been duly notified of such order, may
-29- LRB9004624DJbd
1 within 30 days from the date of mailing of such order,
2 petition the Attorney General for a release from or
3 modification of the order. The day immediately subsequent to
4 the mailing of the order shall be considered as the first
5 day, and the day such petition is received by the Attorney
6 General shall be considered as the last day in computing the
7 30 day appeal period.
8 The Attorney General shall, upon receipt of a petition
9 within the 30 day appeal period, provide for a hearing to be
10 held thereon.
11 (15 ILCS 205/7.95 new)
12 Sec. 7.95. Hearing on petition. The Attorney General, or
13 any officer or employee thereof designated in writing by the
14 Attorney General, shall conduct hearings and investigations
15 in connection with petitions filed pursuant to Section 7.90.
16 Responsible relatives shall be entitled to appear in person,
17 to be represented by counsel at the hearing and to present
18 all relevant matter in support of their petitions. The
19 provisions of Sections 7.100 through 7.145 shall govern the
20 hearing.
21 The hearing shall be de novo and the Attorney General's
22 determination of liability or non-liability shall be
23 independent of the determination of the administrative
24 enforcement unit.
25 (15 ILCS 205/7.100 new)
26 Sec. 7.100. Examination of records. The Attorney
27 General, or any properly designated officer or employee
28 thereof, may examine any books, papers, records or memoranda
29 bearing upon the determination of ability to support and the
30 order for support and upon any matter pertinent to the
31 relative's petition and may compel the attendance and
32 testimony of any person or persons, including the petitioning
-30- LRB9004624DJbd
1 responsible relative, having knowledge of matters germane to
2 the determination order, or the petition.
3 (15 ILCS 205/7.105 new)
4 Sec. 7.105. Hearings not subject to technical rules of
5 evidence or procedure. In the conduct of any hearing or
6 investigation, neither the Attorney General nor a person duly
7 authorized to conduct such hearing or investigation, shall be
8 bound by the technical rules of evidence, common law or
9 statutory, or by technical or formal rules of procedure, but
10 shall conduct the hearing or make the investigation in such
11 manner as seems best calculated to conform to substantial
12 justice and the spirit of the Illinois Public Aid Code and
13 Sections 7.1 through 7.250 of this Act. No informality in any
14 proceedings, or in the manner of taking testimony, shall
15 invalidate any order or decision made by the Attorney General
16 pursuant to such hearing or investigation.
17 (15 ILCS 205/7.110 new)
18 Sec. 7.110. Authority to administer oaths. The Attorney
19 General, or any person duly authorized to conduct such
20 hearing or investigation, shall have power to administer
21 oaths. Every person who, having taken an oath or made
22 affirmation before the Attorney General, or any duly
23 authorized officer or employee thereof, shall wilfully swear
24 or affirm falsely, shall be guilty of perjury, and upon
25 conviction shall be punished accordingly.
26 (15 ILCS 205/7.115 new)
27 Sec. 7.115. Proof of records. The books, papers, records
28 and memoranda of the Attorney General or of the
29 administrative enforcement unit, or parts thereof, may be
30 proved in any hearing, investigation, or legal proceeding by
31 a photostatic or other copy thereof under the certificate of
-31- LRB9004624DJbd
1 the Attorney General. Such certified copy shall, without
2 further proof, be admitted into evidence in the hearing
3 before the Attorney General or in any other legal proceeding.
4 (15 ILCS 205/7.120 new)
5 Sec. 7.120. Proof of necessitous circumstances. Proof in
6 any hearing before the Attorney General that a person is an
7 applicant for or recipient of assistance under the Illinois
8 Public Aid Code shall be prima facie proof that he is a
9 "person who is in necessitous circumstances by reason of
10 infirmity, unemployment, or other cause depriving him of the
11 means of a livelihood compatible with health and well-being",
12 within the meaning of the Illinois Public Aid Code.
13 (15 ILCS 205/7.125 new)
14 Sec. 7.125. Subpoenas. The Attorney General, or any
15 officer or employee thereof designated in writing by the
16 Attorney General, shall at his own instance, or on the
17 written request of any other party to the proceeding, issue
18 subpoenas requiring the attendance of and the giving of
19 testimony by witnesses, and subpoenas duces tecum requiring
20 the production of books, papers, records or memoranda. The
21 subpoenas and subpoenas duces tecum may be served by any
22 person of full age. Any subpoena may be served in the same
23 manner as a subpoena issued out of a circuit court, and may
24 also be served by United States registered or certified mail,
25 addressed to the person concerned at his last known address,
26 and proof of such mailing shall be sufficient for the
27 purposes of Sections 7.1 through 7.250.
28 (15 ILCS 205/7.130 new)
29 Sec. 7.130. Witness fees. The fees of witnesses for
30 attendance and travel shall be the same as the fees of
31 witnesses before the circuit court of this State; such fees
-32- LRB9004624DJbd
1 to be paid when the witness is excused from further
2 attendance. When the witness is subpoenaed at the instance of
3 the Attorney General or any employee thereof, the fees shall
4 be paid in the same manner as other expenses of the Attorney
5 General. If the witness is subpoenaed at the instance of any
6 other party to the proceeding, the Attorney General may
7 require that the cost of service of the subpoena or subpoena
8 duces tecum and the fee of the witness be borne by the party
9 at whose instance the witness is summoned. In such case, the
10 Attorney General may require a deposit to cover the cost of
11 such service and witness fees.
12 (15 ILCS 205/7.135 new)
13 Sec. 7.135. Compelling attendance of witness and
14 production of records. The circuit court, of the county
15 wherein the investigation or administrative hearing is held,
16 upon the application of the Attorney General or any duly
17 authorized officer or employee thereof, or upon the
18 application of any other party to the proceeding, may, in its
19 discretion, compel the attendance of witnesses, the
20 production of books, papers, records or memorandum and the
21 giving of testimony before the Attorney General or any duly
22 authorized officer or employee thereof conducting an
23 investigation or holding a hearing authorized by Sections 7.1
24 through 7.250, by an attachment for contempt, or otherwise,
25 in the same manner as production of evidence may be compelled
26 before the court.
27 (15 ILCS 205/7.140 new)
28 Sec. 7.140. Penalty for non-compliance with subpoena.
29 Any person who is served with a subpoena or subpoena duces
30 tecum, issued by the Attorney General or any duly authorized
31 officer or employee thereof, to appear and testify or to
32 produce books and papers, in the course of an investigation
-33- LRB9004624DJbd
1 or hearing authorized by law, and who refuses or neglects to
2 appear, or to testify, or to produce books and papers
3 relevant to such investigation or hearing, as commanded in
4 such subpoena, shall be guilty of a Class B misdemeanor.
5 (15 ILCS 205/7.145 new)
6 Sec. 7.145. Depositions. The Attorney General or any
7 duly authorized officer or employee thereof, or any other
8 party in an investigation or hearing before the Attorney
9 General, may cause the depositions of witnesses within or
10 without the State to be taken in the manner prescribed by law
11 for like depositions in civil actions in courts of this
12 State, and to that end compel the attendance of witnesses and
13 the production of books, papers, records or memoranda.
14 (15 ILCS 205/7.150 new)
15 Sec. 7.150. Review of Attorney General decision on
16 petition for hearing. Any responsible relative affected by a
17 final administrative decision of the Attorney General in a
18 hearing, conducted pursuant to Sections 7.95 through 7.145 in
19 which such relative was a party, may have the decision
20 reviewed only under and in accordance with the Administrative
21 Review Law. The provisions of the Administrative Review Law,
22 and the rules adopted pursuant thereto, shall apply to and
23 govern all proceedings for the judicial review of such final
24 administrative decisions of the Attorney General. The term
25 "administrative decision" is defined as in Section 3-101 of
26 the Code of Civil Procedure.
27 Appeals from all final orders and judgments entered by a
28 court upon review of the Attorney General's order in any case
29 may be taken by either party to the proceeding and shall be
30 governed by the rules applicable to appeals in civil cases.
31 The remedy herein provided for appeal shall be exclusive,
32 and no court shall have jurisdiction to review the subject
-34- LRB9004624DJbd
1 matter of any order made by the Attorney General except as
2 herein provided.
3 (15 ILCS 205/7.155 new)
4 Sec. 7.155. Enforcement of administrative order. If a
5 responsible relative refuses, neglects, or fails to comply
6 with a final administrative support or reimbursement order of
7 the Attorney General entered by the Child and Spouse Support
8 Unit pursuant to Section 7.80 or 7.85 or registered pursuant
9 to Section 7.180, the Child and Spouse Support Unit may file
10 suit against the responsible relative or relatives to secure
11 compliance with the administrative order.
12 Suits shall be instituted in the name of the People of
13 the State of Illinois on the relation of the Attorney General
14 of the State of Illinois and the spouse or dependent children
15 for whom the support order has been issued.
16 The court shall order the payment of the support
17 obligation, or orders for reimbursement of moneys for support
18 provided, directly to the Attorney General but the order
19 shall permit the Attorney General to direct the responsible
20 relative or relatives to make payments of support directly to
21 the spouse or dependent children, or to some person or agency
22 in his or their behalf, as provided in Section 7.50 or 7.60,
23 as applicable.
24 Whenever it is determined in a proceeding to enforce an
25 administrative order that the responsible relative is
26 unemployed, and support is sought on behalf of applicants for
27 or recipients of financial aid under Article IV of the
28 Illinois Public Aid Code or other persons who are given
29 access to the child and spouse support services of Sections
30 7.1 through 7.250 as provided in Section 7.5, the court may
31 order the responsible relative to seek employment and report
32 periodically to the court with a diary, listing or other
33 memorandum of his or her efforts in accordance with such
-35- LRB9004624DJbd
1 order. In addition, the court may order the unemployed
2 responsible relative to report to the Illinois Department of
3 Public Aid (before July 1, 1997) or the Department of Human
4 Services (after June 30, 1997) for participation in job
5 search, training or work programs established under Section
6 9-6 of the Illinois Public Aid Code or to the Illinois
7 Department of Employment Security for job search services or
8 to make application with the local Jobs Training Partnership
9 Act provider for participation in job search, training or
10 work programs.
11 (15 ILCS 205/7.160 new)
12 Sec. 7.160. Judicial enforcement of court and
13 administrative support orders. Court orders entered in
14 proceedings under Section 7.60 and court orders for
15 enforcement of an administrative order under Section 7.155
16 and for the payment of money may be enforced by attachment as
17 for contempt against the persons of the defendants, and in
18 addition, as other judgments for the payment of money, and
19 costs may be adjudged against the defendants and apportioned
20 among them; but if the complaint is dismissed, costs shall be
21 borne by the Attorney General or the local governmental unit,
22 as the case may be. If a responsible relative is directed by
23 the Attorney General, or the local governmental unit, under
24 the conditions stated in Section 7.50, to make support
25 payments directly to the person, or to some person or agency
26 in his behalf, the court order entered against him under this
27 Section or Section 7.60 may be enforced as herein provided if
28 he thereafter fails to furnish support in accordance with its
29 terms. The State of Illinois shall not be required to make a
30 deposit for or pay any costs or fees of any court or officer
31 thereof in any proceeding instituted under this Section.
32 The provisions of the Civil Practice Law, and all
33 amendments and modifications thereof, shall apply to and
-36- LRB9004624DJbd
1 govern all actions instituted under this Section and Section
2 7.60. In such actions proof that a person is an applicant for
3 or recipient of public aid under any Article of the Illinois
4 Public Aid Code shall be prima facie proof that he is a
5 person in necessitous circumstances by reason of infirmity,
6 unemployment or other cause depriving him of the means of a
7 livelihood compatible with health and well-being.
8 Payments under this Section to the Illinois Department of
9 Public Aid or the Attorney General pursuant to the Child
10 Support Enforcement Program established by Title IV-D of the
11 Social Security Act shall be paid into the Child Support
12 Enforcement Trust Fund. All other payments under this Section
13 to the Illinois Department of Public Aid shall be deposited
14 in the Public Assistance Recoveries Trust Fund. Disbursements
15 from these funds shall be as provided in Sections 12-9 and
16 12-10.2 of the Illinois Public Aid Code. Payments received by
17 a local governmental unit shall be deposited in that unit's
18 General Assistance Fund.
19 (15 ILCS 205/7.165 new)
20 Sec. 7.165. Withholding of income to secure payment of
21 support.
22 (A) Definitions.
23 (1) "Order for support" means any order of the court
24 which provides for periodic payment of funds for the support
25 of a child or maintenance of a spouse, whether temporary or
26 final, and includes any such order which provides for:
27 (a) Modification or resumption of, or payment of
28 arrearage accrued under, a previously existing order;
29 (b) Reimbursement of support; or
30 (c) Enrollment in a health insurance plan that is
31 available to the obligor through an employer or labor
32 union or trade union.
33 (2) "Arrearage" means the total amount of unpaid support
-37- LRB9004624DJbd
1 obligations.
2 (3) "Delinquency" means any payment under an order for
3 support which becomes due and remains unpaid after an order
4 for withholding has been entered under subsection (B) or, for
5 purposes of subsection (K), after the last order for support
6 was entered for which no order for withholding was entered.
7 (4) "Income" means any form of periodic payment to an
8 individual, regardless of source, including, but not limited
9 to: wages, salary, commission, compensation as an independent
10 contractor, workers' compensation, disability, annuity and
11 retirement benefits, lottery prize awards, insurance
12 proceeds, vacation pay, bonuses, profit-sharing payments and
13 any other payments, made by any person, private entity,
14 federal or state government, any unit of local government,
15 school district or any entity created by Public Act; however,
16 "income" excludes:
17 (a) Any amounts required by law to be withheld,
18 other than creditor claims, including, but not limited
19 to, federal, State and local taxes, Social Security and
20 other retirement and disability contributions;
21 (b) Union dues;
22 (c) Any amounts exempted by the federal Consumer
23 Credit Protection Act;
24 (d) Public assistance payments; and
25 (e) Unemployment insurance benefits except as
26 provided by law.
27 Any other State or local laws which limit or exempt
28 income or the amount or percentage of income that can be
29 withheld shall not apply.
30 (5) "Obligor" means the individual who owes a duty to
31 make payments under an order for support.
32 (6) "Obligee" means the individual to whom a duty of
33 support is owed or the individual's legal representative.
34 (7) "Payor" means any payor of income to an obligor.
-38- LRB9004624DJbd
1 (8) "Public office" means any elected official or any
2 State or local agency which is or may become responsible by
3 law for enforcement of, or which is or may become authorized
4 to enforce, an order for support, including, but not limited
5 to: the Attorney General, the Illinois Department of Public
6 Aid, the Illinois Department of Mental Health and
7 Developmental Disabilities (before July 1, 1997), the
8 Illinois Department of Human Services (after June 30, 1997),
9 the Illinois Department of Children and Family Services, and
10 the various State's Attorneys, Clerks of the Circuit Court
11 and 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
-39- LRB9004624DJbd
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
20 applicable, any required premium; 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
-40- LRB9004624DJbd
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
-41- LRB9004624DJbd
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.
-42- LRB9004624DJbd
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
-43- LRB9004624DJbd
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,
-44- LRB9004624DJbd
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 or that the requirements
22 for immediate withholding under paragraph (8) of subsection B
23 have been previously met. The obligee or public office may
24 then serve the order for withholding on the payor, its
25 superintendent, manager or other agent by certified mail or
26 personal delivery. A proof of service shall be filed with
27 the Clerk of the Circuit Court.
28 (3) If a delinquency has accrued for any reason, the
29 obligee or public office may serve a notice of delinquency
30 upon the obligor pursuant to subsection (C). The obligor may
31 prevent the notice of delinquency from being served upon the
32 payor by utilizing the procedures set forth in subsection
33 (D). If no petition to stay service has been filed within the
34 required 20 day time period, the obligee or public office may
-45- LRB9004624DJbd
1 serve the notice of delinquency on the payor by utilizing the
2 procedures for service set forth in subsection (E).
3 (G) Duties of Payor.
4 (1) It shall be the duty of any payor who has been
5 served with a copy of the specially certified order for
6 withholding and any notice of delinquency to deduct and pay
7 over income as provided in this subsection. The payor shall
8 deduct the amount designated in the order for withholding, as
9 supplemented by the notice of delinquency and any notice
10 provided pursuant to paragraph (6) of subsection (I),
11 beginning no later than the next payment of income which is
12 payable to the obligor that occurs 14 days following the date
13 the order and any notice were mailed by certified mail or
14 placed for personal delivery. The payor may combine all
15 amounts withheld for the benefit of an obligee or public
16 office into a single payment and transmit the payment with a
17 listing of obligors from whom withholding has been effected.
18 The payor shall pay the amount withheld to the obligee or
19 public office within 10 calendar days of the date income is
20 paid to the obligor in accordance with the order for
21 withholding and any subsequent notification received from the
22 public office redirecting payments. If the payor knowingly
23 fails to pay any amount withheld to the obligee or public
24 office within 10 calendar days of the date income is paid to
25 the obligor, the payor shall pay a penalty of $100 for each
26 day that the withheld amount is not paid to the obligee or
27 public office after the period of 10 calendar days has
28 expired. The failure of a payor, on more than one occasion,
29 to pay amounts withheld to the obligee or public office
30 within 10 calendar days of the date income is not paid to the
31 obligor creates a presumption that the payor knowingly failed
32 to pay the amounts. This penalty may be collected in a civil
33 action which may be brought against the payor in favor of the
34 obligee. For purposes of this Section, a withheld amount
-46- LRB9004624DJbd
1 shall be considered paid by a payor on the date it is mailed
2 by the payor, or on the date an electronic funds transfer of
3 the amount has been initiated by the payor, or on the date
4 delivery of the amount has been initiated by the payor. For
5 each deduction, the payor shall provide the obligee or public
6 office, at the time of transmittal, with the date income was
7 paid from which support was withheld.
8 Upon receipt of an order requiring that a minor child be
9 named as a beneficiary of a health insurance plan available
10 through an employer or labor union or trade union, the
11 employer or labor union or trade union shall immediately
12 enroll the minor child as a beneficiary in the health
13 insurance plan designated by the court order. The employer
14 shall withhold any required premiums and pay over any amounts
15 so withheld and any additional amounts the employer pays to
16 the insurance carrier in a timely manner. The employer or
17 labor union or trade union shall mail to the obligee, within
18 15 days of enrollment or upon request, notice of the date of
19 coverage, information on the dependent coverage plan, and all
20 forms necessary to obtain reimbursement for covered health
21 expenses, such as would be made available to a new employee.
22 When an order for dependent coverage is in effect and the
23 insurance coverage is terminated or changed for any reason,
24 the employer or labor union or trade union shall notify the
25 obligee within 10 days of the termination or change date
26 along with notice of conversion privileges.
27 For withholding of income, the payor shall be entitled to
28 receive a fee not to exceed $5 per month to be taken from the
29 income to be paid to the 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.
-47- LRB9004624DJbd
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
-48- LRB9004624DJbd
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
-49- LRB9004624DJbd
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 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 Public Aid is no
25 longer authorized to receive payments for the obligee, it
26 shall, within 7 days, notify the payor or, where appropriate,
27 the Clerk of the Circuit Court, to redirect income
28 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
-50- LRB9004624DJbd
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 Attorney General shall design suggested legal
9 forms for proceeding under this Section and shall make
10 available to the courts such forms and informational
11 materials which describe the procedures and remedies set
12 forth herein for distribution to all parties in support
13 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:
-51- LRB9004624DJbd
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
-52- LRB9004624DJbd
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
-53- LRB9004624DJbd
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 (15 ILCS 205/7.170 new)
31 Sec. 7.170. Posting security, bond or guarantee to
32 secure payment. The court may require the responsible
33 relative to post security or bond or give some other
-54- LRB9004624DJbd
1 guarantee of a character and amount sufficient to assure
2 payment of any amount of support due.
3 (15 ILCS 205/7.175 new)
4 Sec. 7.175. Other actions and remedies for support. The
5 procedures, actions and remedies provided in Sections 7.1
6 through 7.250 shall in no way be exclusive, but shall be
7 available in addition to other actions and remedies of
8 support, including, but not by way of limitation, the
9 remedies provided in the Paternity Act, the Non-Support of
10 Spouse and Children Act, and the Revised Uniform Reciprocal
11 Enforcement of Support Act.
12 (15 ILCS 205/7.180 new)
13 Sec. 7.180. Administrative order by registration. The
14 Attorney General may provide by rule for the registration of
15 a support order entered by a court or administrative body of
16 this or any other State. Registration shall be for the sole
17 purpose of enforcing the registered order and shall not
18 confer jurisdiction on the Attorney General for any other
19 purpose, including modification. Upon registration, such
20 support order shall become an administrative order of the
21 Child and Spouse Support Unit by operation of law. The rule
22 shall provide for notice to and an opportunity to be heard by
23 the responsible relative affected and any final
24 administrative decision rendered by the Attorney General
25 shall be reviewed only under and in accordance with the
26 Administrative Review Law.
27 Any new or existing support order registered by the
28 Attorney General under this Section shall be deemed to be a
29 series of judgments against the person obligated to pay
30 support thereunder, each such judgment to be in the amount of
31 each payment or installment of support and each such judgment
32 to be deemed entered as of the date the corresponding payment
-55- LRB9004624DJbd
1 or installment becomes due under the terms of the support
2 order. Each such judgment shall be enforceable in the same
3 manner as any other judgment in this State.
4 (15 ILCS 205/7.185 new)
5 Sec. 7.185. Income withholding by administrative order.
6 The Attorney General may provide by rule for entry of an
7 administrative order for withholding and its subsequent
8 service and enforcement, by the Child and Spouse Support Unit
9 based upon and in the same manner as prescribed by Section
10 7.165. The penalties provided in Section 7.165 shall apply
11 hereto and shall be enforced by filing an action under that
12 Section. The rule shall provide for notice to and an
13 opportunity to be heard by the responsible relative affected
14 and any final administrative decision rendered by the
15 Attorney General shall be reviewed only under and in
16 accordance with the Administrative Review Law.
17 (15 ILCS 205/7.190 new)
18 Sec. 7.190. Federal income tax refund intercept. The
19 Attorney General may provide by rule for certification to the
20 Department of Health and Human Services of past due support
21 owed by responsible relatives under a support order entered
22 by a court or administrative body of this or any other State
23 on behalf of resident or non-resident persons. The purpose
24 of certification shall be to intercept federal income tax
25 refunds due such relatives in order to satisfy such past due
26 support in whole or in part.
27 The rule shall provide for notice to and an opportunity
28 to be heard by the responsible relative affected and any
29 final administrative decision rendered by the Attorney
30 General shall be reviewed only under and in accordance with
31 the Administrative Review Law. Certification shall be
32 accomplished in accordance with Title IV, Part D of the
-56- LRB9004624DJbd
1 federal Social Security Act and rules and regulations
2 promulgated thereunder.
3 (15 ILCS 205/7.195 new)
4 Sec. 7.195. Security, bond or guarantee to secure
5 payment. The Attorney General may provide by rule for the
6 requiring of, or for the requesting of the court to require,
7 a responsible relative to post security or bond or give some
8 other guarantee of a character and amount sufficient to
9 assure payment of any amount due under a support order
10 entered by a court or administrative body of this or any
11 other State on behalf of resident or non-resident persons.
12 The rule shall provide for notice to and an opportunity to be
13 heard by each responsible relative affected and any final
14 administrative decision rendered by the Attorney General
15 shall be reviewed only under and in accordance with the
16 Administrative Review Law.
17 (15 ILCS 205/7.200 new)
18 Sec. 7.200. State income tax refund and other payment
19 intercept. The Attorney General may provide by rule for
20 certification to the Comptroller of past due support owed by
21 responsible relatives under a support order entered by a
22 court or administrative body of this or any other State on
23 behalf of resident or non-resident persons. The purpose of
24 certification shall be to intercept state income tax refunds
25 and other payments due such relatives in order to satisfy
26 such past due support, in whole or in part, whether or not
27 such support is owed to the State. The rule shall provide
28 for notice to and an opportunity to be heard by the
29 responsible relative and any joint payee affected and any
30 final administrative decision rendered by the Attorney
31 General shall be reviewed only under and in accordance with
32 the Administrative Review Law. In any case where a state
-57- LRB9004624DJbd
1 income tax refund is intercepted wrongfully or erroneously,
2 the Attorney General shall pay to such relative and any joint
3 payee affected the amount of the refund plus interest, if
4 any, on such amount at the rate of 9% per annum (or at such
5 adjusted rate as is established under Section 6621(b) of the
6 Internal Revenue Code). Interest shall be calculated from
7 the date the Attorney General receives the refund or from 60
8 days following the date the Attorney General receives a
9 request to be heard, whichever is later, until the date of
10 payment to such relative and joint payee.
11 (15 ILCS 205/7.205 new)
12 Sec. 7.205. Past due support information to licensing
13 agencies. The Attorney General may provide by rule for
14 certification to any State licensing agency of past due
15 support owed by responsible relatives under a support order
16 entered by a court or administrative body of this or any
17 other State on behalf of resident or non-resident persons.
18 The rule shall provide for notice to and an opportunity to be
19 heard by each responsible relative affected and any final
20 administrative decision rendered by the Attorney General
21 shall be reviewed only under and in accordance with the
22 Administrative Review Law.
23 (15 ILCS 205/7.210 new)
24 Sec. 7.210. Administrative determination of paternity.
25 The Attorney General may provide by rule for the
26 administrative determination of paternity by the Child and
27 Spouse Support Unit in cases involving applicants for or
28 recipients of financial aid under Article IV of the Illinois
29 Public Aid Code and other persons who are given access to the
30 child and spouse support services of this Article as provided
31 in Section 7.5, including persons similarly situated and
32 receiving similar services in other states. The rules shall
-58- LRB9004624DJbd
1 extend to cases in which the mother and alleged father
2 voluntarily acknowledge paternity in the form required by the
3 Attorney General, or agree to be bound by the results of
4 genetic testing, or in which the alleged father has failed to
5 respond to a notification of support obligation issued under
6 Section 7.30, and for purposes of the program provided for
7 under Section 12-4.31 of the Illinois Public Aid Code to
8 cases of contested paternity involving only applicants for or
9 recipients of assistance under Articles IV, V, and VI of the
10 Illinois Public Aid Code. Any presumption provided for under
11 the Illinois Parentage Act of 1984 shall apply to cases in
12 which paternity is determined under the rules of the Attorney
13 General. The rules shall provide for notice and an
14 opportunity to be heard by the responsible relative affected
15 if paternity is not voluntarily acknowledged, and any final
16 administrative decision rendered by the Attorney General
17 shall be reviewed only under and in accordance with the
18 Administrative Review Law. Determinations of paternity made
19 by the Attorney General under the rules authorized by this
20 Section shall have the full force and effect of a court
21 judgment of paternity entered under the Illinois Parentage
22 Act of 1984.
23 In determining paternity in contested cases, the Attorney
24 General shall conduct the evidentiary hearing in accordance
25 with Section 11 of the Parentage Act of 1984, except that
26 references in that Section to "the court" shall be deemed to
27 mean the Attorney General's hearing officer in cases in which
28 paternity is determined administratively by the Attorney
29 General.
30 Notwithstanding any other provision of Sections 7.1
31 through 7.250, and regarding only cases included in the
32 program provided for under Section 12-4.31 of the Illinois
33 Public Aid Code, a default determination of paternity may be
34 made if service of the notice under Section 7.30 was made by
-59- LRB9004624DJbd
1 publication under the rules for administrative paternity
2 determination authorized by this Section. The rules as they
3 pertain to service by publication shall (i) be based on the
4 provisions of Section 2-206 and 2-207 of the Code of Civil
5 Procedure, (ii) provide for service by publication in cases
6 in which the whereabouts of the alleged father are unknown
7 after diligent location efforts by the Child and Spouse
8 Support Unit, and (iii) provide for publication of a notice
9 of default paternity determination in the same manner that
10 the notice under Section 7.30 was published.
11 Notwithstanding the limitation on review of final
12 administrative decisions contained in the first paragraph of
13 this Section, a man administratively determined to be the
14 father of a child by default, if the notice under Section
15 7.30 was served by publication, may bring a petition in the
16 circuit court for relief from the administrative
17 determination of paternity on the same grounds provided for
18 relief from judgments under Section 2-1401 of the Code of
19 Civil Procedure. The petition must be filed not later than 2
20 years after notice of the default determination was published
21 in accordance with the rules of the Attorney General.
22 Allegations in the petition made without reasonable cause and
23 found to be untrue shall subject the petitioner or his
24 attorney, or both, to the payment of reasonable costs and
25 attorney's fees incurred by the Attorney General in defending
26 against the petition.
27 The Attorney General may implement this Section through
28 the use of emergency rules in accordance with Section 5-45 of
29 the Illinois Administrative Procedure Act. For purposes of
30 the Illinois Administrative Procedure Act, the adoption of
31 rules to implement this Section shall be considered an
32 emergency and necessary for the public interest, safety, and
33 welfare.
-60- LRB9004624DJbd
1 (15 ILCS 205/7.215 new)
2 Sec. 7.215. New birth certificate. The Attorney General
3 shall notify the Department of Public Health of a final
4 determination of parentage and a voluntary acknowledgment of
5 paternity made under the rules authorized by Section 7.210,
6 and the Department of Public Health shall issue a new
7 certificate of birth pursuant to Section 17 of the Vital
8 Records Act.
9 (15 ILCS 205/7.220 new)
10 Sec. 7.220. Past due support information to State
11 Department of Revenue.
12 (a) The Attorney General may provide by rule for
13 certification to the Illinois Department of Revenue of past
14 due support owed by responsible relatives under a support
15 order entered by a court or administrative body of this or
16 any other State on behalf of resident or non-resident
17 persons. The rule shall provide for notice to and an
18 opportunity to be heard by each responsible relative
19 affected. Any final administrative decision rendered by the
20 Attorney General shall be reviewed only under and in
21 accordance with the Administrative Review Law. A responsible
22 relative may avoid certification to the Illinois Department
23 of Revenue by establishing a satisfactory repayment record as
24 determined by the Attorney General.
25 (b) A certified past due support amount shall be final.
26 The certified amount shall be payable to the Illinois
27 Department of Revenue upon written notification of the
28 certification to the responsible relative by the Illinois
29 Department of Revenue.
30 (c) In the event a responsible relative overpays
31 pursuant to collection under this Section and the applicable
32 Sections of the Illinois Income Tax Act, the overpayment
33 shall be a credit against future support obligations. If the
-61- LRB9004624DJbd
1 current support obligation of the responsible relative has
2 terminated under operation of law or court order, any moneys
3 overpaid but still in the possession of the Attorney General
4 shall be promptly returned to the responsible relative.
5 (d) Except as otherwise provided in this Article, any
6 child support delinquency certified to the Illinois
7 Department of Revenue shall be treated as a child support
8 delinquency for all other purposes, and any collection action
9 by the State's Attorney or the Illinois Department of Revenue
10 with respect to any delinquency certified under Sections 7.1
11 through 7.250 shall have the same priority against
12 attachment, execution, assignment, or other collection action
13 as is provided by any other provision of State law.
14 (e) Any child support delinquency collected by the
15 Illinois Department of Revenue, including those amounts that
16 result in overpayment of a child support delinquency, shall
17 be deposited in, or transferred to, the Child Support
18 Enforcement Trust Fund.
19 (15 ILCS 205/7.225 new)
20 Sec. 7.225. Recoveries; deductibility of direct
21 relatives' support payment. In any actions for the recovery
22 of the financial aid, including actions for the enforcement
23 of estate and lien claims, amounts contributed by responsible
24 relatives either voluntarily or by court or administrative
25 order and paid to the Illinois Department of Public Aid or to
26 a local governmental unit shall be deducted from the claim of
27 the State or the governmental unit.
28 (15 ILCS 205/7.230 new)
29 Sec. 7.230. Support payments ordered under other laws.
30 The Illinois Department of Public Aid and local governmental
31 units are authorized to receive payments directed by court
32 order for the support of recipients, as provided in the
-62- LRB9004624DJbd
1 following Acts:
2 (1) The Non-Support of Spouse and Children Act.
3 (2) The Illinois Marriage and Dissolution of
4 Marriage Act.
5 (3) The Illinois Parentage Act.
6 (4) The Revised Uniform Reciprocal Enforcement of
7 Support Act.
8 (5) The Juvenile Court Act or the Juvenile Court
9 Act of 1987.
10 (6) The Unified Code of Corrections.
11 (7) Part 7 of Article XII of the Code of Civil
12 Procedure.
13 (8) Part 8 of Article XII of the Code of Civil
14 Procedure.
15 (9) Other laws which may provide by judicial order
16 for direct payment of support moneys.
17 Payments under this Section to the Illinois Department of
18 Public Aid or the Attorney General pursuant to the Child
19 Support Enforcement Program established by Title IV-D of the
20 Social Security Act shall be paid into the Child Support
21 Enforcement Trust Fund. All other payments under this Section
22 to the Illinois Department of Public Aid shall be deposited
23 in the Public Assistance Recoveries Trust Fund. Disbursements
24 from these funds shall be as provided in Sections 12-9 and
25 12-10.2 of the Illinois Public Aid Code. Payments received by
26 a local governmental unit shall be deposited in that unit's
27 General Assistance Fund.
28 (15 ILCS 205/7.235 new)
29 Sec. 7.235. Amnesty program. The Attorney General may
30 provide by rule for the establishment of a child support
31 enforcement amnesty program for responsible relatives who owe
32 support under Sections 7.1 through 7.250, to the extent
33 permitted by federal law and regulation. The rule shall
-63- LRB9004624DJbd
1 provide for the suspending of specified enforcement actions,
2 the duration of the suspension period or periods, the action
3 the responsible relative must take to avoid future
4 enforcement action, and the announcement of the program.
5 (15 ILCS 205/7.240 new)
6 Sec. 7.240. Collection of past-due child support charge.
7 The Attorney General may collect, on behalf of the Illinois
8 Department of Public Aid, any one-time charge imposed on the
9 amount of past-due child support in accordance with Section
10 10-21 of the Illinois Public Aid Code, subsection (c) of
11 Section 505 of the Illinois Marriage and Dissolution of
12 Marriage Act, Section 3 of the Non-Support of Spouse and
13 Children Act, Section 24 of the Revised Uniform Reciprocal
14 Enforcement of Support Act, and subsection (g) of Section 14
15 of the Illinois Parentage Act of 1984.
16 (15 ILCS 205/7.245 new)
17 Sec. 7.245. State employees. The Attorney General, upon
18 receipt of a statement of child support obligation provided
19 under the Child Support Information Act, shall review its
20 records and take appropriate action to enforce the child
21 support obligation if the State employee is a responsible
22 relative in a case receiving child and spouse support
23 services under Sections 7.1 through 7.250.
24 (15 ILCS 205/7.250 new)
25 Sec. 7.250. Employer obligations. If a parent is
26 required by a court or administrative order for support to
27 provide coverage for a child's health care expenses and if
28 that coverage is available to the parent through an employer
29 who does business in this State, the employer must do all of
30 the following upon receipt of a copy of the order of support
31 or order for withholding:
-64- LRB9004624DJbd
1 (1) The employer shall, upon the parent's request,
2 permit the parent to include in that coverage a child who
3 is otherwise eligible for that coverage, without regard
4 to any enrollment season restrictions that might
5 otherwise be applicable as to the time period within
6 which the child may be added to that coverage.
7 (2) If the parent has health care coverage through
8 the employer but fails to apply for coverage of the
9 child, the employer shall include the child in the
10 parent's coverage upon application by the child's other
11 parent or the Attorney General.
12 (3) The employer may not eliminate any child from
13 the parent's health care coverage unless the employee is
14 no longer employed by the employer and no longer covered
15 under the employer's group health plan or unless the
16 employer is provided with satisfactory written evidence
17 of either of the following:
18 (A) The court or administrative order is no
19 longer in effect.
20 (B) The child is or will be included in a
21 comparable health care plan obtained by the parent
22 under such order that is currently in effect or will
23 take effect no later than the date the prior
24 coverage is terminated.
25 The employer may eliminate a child from a parent's
26 health care coverage if the employer has eliminated
27 dependent health care coverage for all of its employees.
28 Section 10. The Illinois Administrative Procedure Act is
29 amended by changing Section 10-65 as follows:
30 (5 ILCS 100/10-65) (from Ch. 127, par. 1010-65)
31 Sec. 10-65. Licenses.
32 (a) When any licensing is required by law to be preceded
-65- LRB9004624DJbd
1 by notice and an opportunity for a hearing, the provisions of
2 this Act concerning contested cases shall apply.
3 (b) When a licensee has made timely and sufficient
4 application for the renewal of a license or a new license
5 with reference to any activity of a continuing nature, the
6 existing license shall continue in full force and effect
7 until the final agency decision on the application has been
8 made unless a later date is fixed by order of a reviewing
9 court.
10 (c) Each agency shall require the licensee to certify on
11 the renewal application form, under penalty of perjury, that
12 he or she is not more than 30 days delinquent in complying
13 with a child support order. Every renewal application shall
14 state that failure to so certify may result in a denial of
15 the renewal, and that making a false statement may subject
16 the licensee to contempt of court. The agency shall notify
17 each licensee who acknowledges a delinquency or who, contrary
18 to his or her certification, is found to be delinquent, that
19 the agency intends to take disciplinary action. Accordingly,
20 the agency shall provide written notice of the facts or
21 conduct upon which the agency will rely to support its
22 proposed action and the licensee shall be given an
23 opportunity for a hearing in accordance with the provisions
24 of the Act concerning contested cases. Any delinquency in
25 complying with a child support order can be remedied by
26 arranging for payment of past due and current support. Upon
27 a final finding of delinquency, the agency shall revoke or
28 refuse to renew the license. In cases in which the Department
29 of Public Aid (before the effective date of this amendatory
30 Act of 1997) or the Attorney General (on and after that
31 date) has previously determined that a licensee or a
32 potential licensee is more than 30 days delinquent in the
33 payment of child support and has subsequently certified the
34 delinquency to the licensing agency, the licensing agency may
-66- LRB9004624DJbd
1 refuse to issue or renew or may revoke or suspend that
2 person's license or may take other disciplinary action
3 against that person based solely upon the certification of
4 delinquency made by the Department of Public Aid or the
5 Attorney General. Redetermination of the delinquency by the
6 licensing agency shall not be required. In cases regarding
7 the renewal of a license, the licensing agency shall not
8 renew any license if the Department of Public Aid (before the
9 effective date of this amendatory Act of 1997) or the
10 Attorney General (on and after that date) has certified the
11 licensee to be more than 30 days delinquent in the payment of
12 child support unless the licensee has arranged for payment of
13 past and current child support obligations in a manner
14 satisfactory to the Department of Public Aid (before the
15 effective date of this amendatory Act of 1997) or the
16 Attorney General (on and after that date). The licensing
17 agency may impose conditions, restrictions, or disciplinary
18 action upon that renewal.
19 (d) No agency shall revoke, suspend, annul, withdraw,
20 amend materially, or refuse to renew any valid license
21 without first giving written notice to the licensee of the
22 facts or conduct upon which the agency will rely to support
23 its proposed action and an opportunity for a hearing in
24 accordance with the provisions of this Act concerning
25 contested cases. At the hearing, the licensee shall have the
26 right to show compliance with all lawful requirements for the
27 retention, continuation, or renewal of the license. If,
28 however, the agency finds that the public interest, safety,
29 or welfare imperatively requires emergency action, and if the
30 agency incorporates a finding to that effect in its order,
31 summary suspension of a license may be ordered pending
32 proceedings for revocation or other action. Those
33 proceedings shall be promptly instituted and determined.
34 (e) Any application for renewal of a license that
-67- LRB9004624DJbd
1 contains required and relevant information, data, material,
2 or circumstances that were not contained in an application
3 for the existing license shall be subject to the provisions
4 of subsection (a).
5 (Source: P.A. 89-6, eff. 3-6-95.)
6 Section 15. The Intergovernmental Cooperation Act is
7 amended by changing Section 3 as follows:
8 (5 ILCS 220/3) (from Ch. 127, par. 743)
9 Sec. 3. Intergovernmental agreements. Any power or
10 powers, privileges or authority exercised or which may be
11 exercised by a public agency of this State may be exercised
12 and enjoyed jointly with any other public agency of this
13 State and jointly with any public agency of any other state
14 or of the United States to the extent that laws of such other
15 state or of the United States do not prohibit joint exercise
16 or enjoyment. This includes, but is not limited to, (i)
17 arrangements between the Illinois Student Assistance
18 Commission and agencies in other states which issue
19 professional licenses and (ii) agreements between the
20 Illinois Department of Public Aid (before the effective date
21 of this amendatory Act of 1997) or the Attorney General (on
22 and after that date) and public agencies for the
23 establishment and enforcement of child support orders.
24 (Source: P.A. 89-6, eff. 3-6-95.)
25 Section 20. The Civil Administrative Code of Illinois is
26 amended by changing Section 60 as follows:
27 (20 ILCS 2105/60) (from Ch. 127, par. 60)
28 Sec. 60. The Department of Professional Regulation shall
29 have, subject to the provisions of this Act, the following
30 powers and duties:
-68- LRB9004624DJbd
1 1. To authorize examinations in English to ascertain the
2 qualifications and fitness of applicants to exercise the
3 profession, trade or occupation for which the examination is
4 held.
5 2. To prescribe rules and regulations for a fair and
6 wholly impartial method of examination of candidates to
7 exercise the respective professions, trades or occupations.
8 3. To pass upon the qualifications of applicants for
9 licenses, certificates, and authorities, whether by
10 examination, by reciprocity or by endorsement.
11 4. To prescribe rules and regulations defining, for the
12 respective professions, trades and occupations, what shall
13 constitute a school, college or university, or department of
14 a university, or other institutions, reputable and in good
15 standing and to determine the reputability and good standing
16 of a school, college or university, or department of a
17 university, or other institution, reputable and in good
18 standing by reference to a compliance with such rules and
19 regulations: provided, that no school, college or university,
20 or department of a university or other institution that
21 refuses admittance to applicants solely on account of race,
22 color, creed, sex or national origin shall be considered
23 reputable and in good standing.
24 5. To conduct hearings on proceedings to revoke,
25 suspend, refuse to renew, place on probationary status, or
26 take other disciplinary action as may be authorized in any
27 licensing Act administered by the Department with regard to
28 licenses, certificates or authorities of persons exercising
29 the respective professions, trades or occupations, and to
30 revoke, suspend, refuse to renew, place on probationary
31 status, or take other disciplinary action as may be
32 authorized in any licensing Act administered by the
33 Department with regard to such licenses, certificates or
34 authorities. The Department shall issue a monthly
-69- LRB9004624DJbd
1 disciplinary report. The Department shall deny any license
2 or renewal authorized by this Act to any person who has
3 defaulted on an educational loan or scholarship provided by
4 or guaranteed by the Illinois Student Assistance Commission
5 or any governmental agency of this State; however, the
6 Department may issue a license or renewal if the
7 aforementioned persons have established a satisfactory
8 repayment record as determined by the Illinois Student
9 Assistance Commission or other appropriate governmental
10 agency of this State. Additionally, beginning June 1, 1996,
11 any license issued by the Department may be suspended or
12 revoked if the Department, after the opportunity for a
13 hearing under the appropriate licensing Act, finds that the
14 licensee has failed to make satisfactory repayment to the
15 Illinois Student Assistance Commission for a delinquent or
16 defaulted loan. For the purposes of this Section,
17 "satisfactory repayment record" shall be defined by rule.
18 The Department, without further process or hearings,
19 shall deny any license or renewal authorized by this Act to a
20 person who is certified by the Illinois Department of Public
21 Aid (before the effective date of this amendatory Act of
22 1997) or the Attorney General (on and after that date) as
23 being more than 30 days delinquent in complying with a child
24 support order; the Department may, however, issue a license
25 or renewal if the person has established a satisfactory
26 repayment record as determined by the Illinois Department of
27 Public Aid (before the effective date of this amendatory Act
28 of 1997) or the Attorney General (on and after that date).
29 The Department may implement this paragraph as added by
30 Public Act 89-6 through the use of emergency rules in
31 accordance with Section 5-45 of the Illinois Administrative
32 Procedure Act. For purposes of the Illinois Administrative
33 Procedure Act, the adoption of rules to implement this
34 paragraph shall be considered an emergency and necessary for
-70- LRB9004624DJbd
1 the public interest, safety, and welfare.
2 6. To transfer jurisdiction of any realty under the
3 control of the Department to any other Department of the
4 State Government, or to acquire or accept Federal lands, when
5 such transfer, acquisition or acceptance is advantageous to
6 the State and is approved in writing by the Governor.
7 7. To formulate rules and regulations as may be
8 necessary for the enforcement of any act administered by the
9 Department.
10 8. To perform such other duties as may be prescribed by
11 law.
12 The Department may, when a fee is payable to the
13 Department for a wall certificate of registration provided by
14 the Department of Central Management Services, require that
15 portion of the payment for printing and distribution costs be
16 made directly or through the Department, to the Department of
17 Central Management Services for deposit in the Paper and
18 Printing Revolving Fund, the remainder shall be deposited in
19 the General Revenue Fund.
20 For the purpose of securing and preparing evidence, and
21 for the purchase of controlled substances, professional
22 services, and equipment necessary for enforcement activities,
23 recoupment of investigative costs and other activities
24 directed at suppressing the misuse and abuse of controlled
25 substances, including those activities set forth in Sections
26 504 and 508 of the Illinois Controlled Substances Act, the
27 Director and agents appointed and authorized by the Director
28 may expend such sums from the Professional Regulation
29 Evidence Fund as the Director deems necessary from the
30 amounts appropriated for that purpose and such sums may be
31 advanced to the agent when the Director deems such procedure
32 to be in the public interest. Sums for the purchase of
33 controlled substances, professional services, and equipment
34 necessary for enforcement activities and other activities as
-71- LRB9004624DJbd
1 set forth in this Section shall be advanced to the agent who
2 is to make such purchase from the Professional Regulation
3 Evidence Fund on vouchers signed by the Director. The
4 Director and such agents are authorized to maintain one or
5 more commercial checking accounts with any State banking
6 corporation or corporations organized under or subject to the
7 Illinois Banking Act for the deposit and withdrawal of moneys
8 to be used for the purposes set forth in this Section;
9 provided, that no check may be written nor any withdrawal
10 made from any such account except upon the written signatures
11 of 2 persons designated by the Director to write such checks
12 and make such withdrawals. Vouchers for such expenditures
13 must be signed by the Director and all such expenditures
14 shall be audited by the Director and the audit shall be
15 submitted to the Department of Central Management Services
16 for approval.
17 Whenever the Department is authorized or required by law
18 to consider some aspect of criminal history record
19 information for the purpose of carrying out its statutory
20 powers and responsibilities, then, upon request and payment
21 of fees in conformance with the requirements of subsection 22
22 of Section 55a of the Civil Administrative Code of Illinois,
23 the Department of State Police is authorized to furnish,
24 pursuant to positive identification, such information
25 contained in State files as is necessary to fulfill the
26 request.
27 The provisions of this Section do not apply to private
28 business and vocational schools as defined by Section 1 of
29 the Private Business and Vocational Schools Act.
30 Beginning July 1, 1995, this Section does not apply to
31 those professions, trades, and occupations licensed under the
32 Real Estate License Act of 1983 nor does it apply to any
33 permits, certificates, or other authorizations to do business
34 provided for in the Land Sales Registration Act of 1989 or
-72- LRB9004624DJbd
1 the Illinois Real Estate Time-Share Act.
2 (Source: P.A. 89-6, eff. 3-6-95; 89-23, eff. 7-1-95; 89-237,
3 eff. 8-4-95; 89-411, eff. 6-1-96; 89-626, eff. 8-9-96.)
4 Section 25. The Civil Administrative Code of Illinois is
5 amended by changing Section 39b52 as follows:
6 (20 ILCS 2505/39b52)
7 Sec. 39b52. Collection of past due support. Upon
8 certification of past due child support amounts from the
9 Department of Public Aid (before the effective date of this
10 amendatory Act of 1997) or the Attorney General (on and
11 after that date), the Department of Revenue may collect the
12 delinquency in any manner authorized for the collection of a
13 delinquent personal income tax liability. The Department of
14 Revenue shall notify the Department of Public Aid (before the
15 effective date of this amendatory Act of 1997) or the
16 Attorney General (on and after that date) when the
17 delinquency or any portion of the delinquency has been
18 collected under this Section. Any child support delinquency
19 collected by the Department of Revenue, including those
20 amounts that result in overpayment of a child support
21 delinquency, shall be deposited in, or transferred to, the
22 Child Support Enforcement Trust Fund. The Department of
23 Revenue may implement this Section through the use of
24 emergency rules in accordance with Section 5-45 of the
25 Illinois Administrative Procedure Act. For purposes of the
26 Illinois Administrative Procedure Act, the adoption of rules
27 to implement this Section shall be considered an emergency
28 and necessary for the public interest, safety, and welfare.
29 (Source: P.A. 89-6, eff. 12-31-95.)
30 Section 30. The Illinois Public Aid Code is amended by
31 adding Section 10-1.5 and changing Sections 10-21, 12-4.31,
-73- LRB9004624DJbd
1 and 12-16 as follows:
2 (305 ILCS 5/10-1.5 new)
3 Sec. 10-1.5. Transfer of powers to Attorney General.
4 (a) On the effective date of this amendatory Act of
5 1997, all the rights, powers, and duties vested by law in the
6 Illinois Department or the Illinois Department's Child and
7 Spouse Support Unit under this Article X are transferred to
8 the Attorney General as provided in Sections 7.1 through
9 7.250 of the Attorney General Act.
10 (b) The Illinois Department shall provide to the
11 Attorney General all information in the Illinois Department's
12 possession concerning recipients that is necessary to enable
13 the Attorney General to perform the duties prescribed in
14 Sections 7.1 through 7.250 of the Attorney General Act.
15 (305 ILCS 5/10-21) (from Ch. 23, par. 10-21)
16 Sec. 10-21. The Illinois Department may provide by rule
17 for the imposition of a one-time charge of 20% of the amount
18 of past-due child support owed on July 1, 1988, by
19 responsible relatives of persons receiving support services
20 under this Article X, which has accrued under a support order
21 entered by a court or administrative body of this or any
22 other State, on behalf of resident or non-resident persons.
23 The rule shall provide for notice to, and an opportunity to
24 be heard by, the responsible relative affected and any final
25 administrative decision rendered by the Department shall be
26 reviewed only under and in accordance with the Administrative
27 Review Law. No action to impose the charge shall be
28 commenced after June 30, 1993. Action under this Section
29 shall be subject to the limitations of Section 10-20 of this
30 Code.
31 On and after the effective date of this amendatory Act of
32 1997, the Attorney General may collect, on behalf of the
-74- LRB9004624DJbd
1 Illinois Department, any charge imposed in accordance with
2 this Section. Nothing in this amendatory Act of 1997 shall
3 be construed to affect the validity of any charge imposed in
4 accordance with this Section.
5 (Source: P.A. 85-114.)
6 (305 ILCS 5/12-4.31)
7 Sec. 12-4.31. Paternity establishment and continued
8 eligibility.
9 (a) In this Section, "nonmarital child" means a child
10 born to a woman who was not married to the child's father at
11 the time of the child's birth.
12 (b) The Illinois Department is authorized to conduct a
13 paternity establishment and continued eligibility program as
14 a demonstration program in certain geographic areas as
15 defined by rule. Upon completion of the demonstration, the
16 Illinois Department may expand the program statewide. If the
17 Illinois Department, as part of the demonstration program or
18 statewide program, makes administrative determinations of
19 paternity, it shall do so according to rules adopted under
20 Section 7.210 of the Attorney General Act 10-17.7.
21 Under the paternity establishment and continued
22 eligibility program, the custodial parent of a nonmarital
23 child otherwise eligible for assistance under Article IV, V,
24 or VI of this Code shall receive assistance for the custodial
25 parent and that child for no longer than 6 full months
26 unless:
27 (1) the paternity of the child is established
28 before the beginning of or within the 6-month period;
29 (2) the parent has fully cooperated with efforts to
30 establish the child's paternity, but, through no fault of
31 the parent, paternity has not been established;
32 (3) the parent begins to receive assistance while a
33 court action to establish the child's paternity is
-75- LRB9004624DJbd
1 pending, and the parent continues to cooperate with the
2 Illinois Department's efforts to establish paternity;
3 (4) the parent attests under oath to fear of abuse
4 by the putative father of the child and provides
5 documentation to substantiate that fear, or the parent
6 claims good cause for failing to cooperate in the
7 establishment of paternity due to rape by an unknown
8 assailant, and the person is found to be exempt from
9 cooperating to establish paternity under rules adopted by
10 the Illinois Department;
11 (5) the parent has not yet given birth to the
12 nonmarital child; or
13 (6) the putative father of the child is
14 incarcerated and inaccessible to the process for
15 establishing the child's paternity.
16 (b) The 6-month period referred to in subsection (a)
17 shall begin on the date the first full monthly payment of
18 assistance is made, if the parent applied for assistance on
19 or after the effective date of this amendatory Act of 1995.
20 That 6-month period shall begin on the effective date of this
21 amendatory Act of 1995 if the parent was receiving assistance
22 on behalf of the nonmarital child on the effective date of
23 this amendatory Act of 1995.
24 (c) The Illinois Department shall apply for all waivers
25 of federal law and regulations necessary to implement this
26 Section. Implementation of this Section is conditioned upon
27 the Illinois Department's receipt of those waivers.
28 (d) The Illinois Department may implement this Section
29 through the use of emergency rules in accordance with Section
30 5-45 of the Illinois Administrative Procedure Act. For
31 purposes of the Illinois Administrative Procedure Act, the
32 adoption of rules to implement this Section shall be
33 considered an emergency and necessary for the public
34 interest, safety, and welfare.
-76- LRB9004624DJbd
1 (Source: P.A. 89-6, eff. 3-6-95.)
2 (305 ILCS 5/12-16) (from Ch. 23, par. 12-16)
3 (Text of Section before amendment by P.A. 89-507)
4 Sec. 12-16. Public Aid Claims Enforcement Division of
5 Office of Attorney General.) The Public Aid Claims
6 Enforcement Division in the Office of the Attorney General,
7 established pursuant to the 1949 Code, shall institute in
8 behalf of the State all court actions referred to it by the
9 Illinois Department under this Code and other laws for the
10 recovery of financial aid provided under the public aid
11 programs, the enforcement of obligations of support, and the
12 enforcement of other claims, penalties and obligations.
13 The Division shall be staffed with attorneys appointed by
14 the Attorney General as special Assistant Attorneys' General
15 whose special duty it shall be to execute the aforesaid
16 duties. The Assistant Attorneys' General shall be assigned
17 exclusively to such duties. They may engage only in such
18 political activities as are not prohibited by the Hatch
19 Political Activity Act, Title 5, U. S. C. A., Sections
20 118i et seq.
21 The Attorney General may request the appropriate State's
22 Attorney of a county or staff of the Child and Spouse Support
23 Unit established under Section 10-3.1 of this Code to
24 institute any such action in behalf of the State or to assist
25 the Attorney General in the prosecution of actions instituted
26 by his Office.
27 (Source: P.A. 79-474.)
28 (Text of Section after amendment by P.A. 89-507)
29 Sec. 12-16. Public Aid Claims Enforcement Division of
30 Office of Attorney General. The Public Aid Claims
31 Enforcement Division in the Office of the Attorney General,
32 established pursuant to the 1949 Code, shall institute in
33 behalf of the State all court actions referred to it by the
-77- LRB9004624DJbd
1 Illinois Department of Public Aid or the Department of Human
2 Services (as successor to the Illinois Department of Public
3 Aid) under this Code and other laws for the recovery of
4 financial aid provided under the public aid programs, the
5 enforcement of obligations of support, and the enforcement of
6 other claims, penalties and obligations.
7 The Division shall be staffed with attorneys appointed by
8 the Attorney General as Special Assistant Attorneys' General
9 whose special duty it shall be to execute the aforesaid
10 duties. The Assistant Attorneys' General shall be assigned
11 exclusively to such duties. They may engage only in such
12 political activities as are not prohibited by the Hatch
13 Political Activity Act, Title 5, U. S. C. A., Sections
14 118i et seq.
15 The Attorney General may request the appropriate State's
16 Attorney of a county or staff of the Child and Spouse Support
17 Unit established under Section 10-3.1 of this Code to
18 institute any such action in behalf of the State or to assist
19 the Attorney General in the prosecution of actions instituted
20 by his Office.
21 (Source: P.A. 89-507, eff. 7-1-97.)
22 (305 ILCS 5/10-1 rep.)
23 (305 ILCS 5/10-2 rep.)
24 (305 ILCS 5/10-3 rep.)
25 (305 ILCS 5/10-3.1 rep.)
26 (305 ILCS 5/10-3.2 rep.)
27 (305 ILCS 5/10-3.3 rep.)
28 (305 ILCS 5/10-4 rep.)
29 (305 ILCS 5/10-5 rep.)
30 (305 ILCS 5/10-6 rep.)
31 (305 ILCS 5/10-7 rep.)
32 (305 ILCS 5/10-8 rep.)
33 (305 ILCS 5/10-9 rep.)
-78- LRB9004624DJbd
1 (305 ILCS 5/10-10 rep.)
2 (305 ILCS 5/10-10.1 rep.)
3 (305 ILCS 5/10-10.2 rep.)
4 (305 ILCS 5/10-10.3 rep.)
5 (305 ILCS 5/10-11 rep.)
6 (305 ILCS 5/10-11.1 rep.)
7 (305 ILCS 5/10-12 rep.)
8 (305 ILCS 5/10-13 rep.)
9 (305 ILCS 5/10-13.1 rep.)
10 (305 ILCS 5/10-13.2 rep.)
11 (305 ILCS 5/10-13.3 rep.)
12 (305 ILCS 5/10-13.4 rep.)
13 (305 ILCS 5/10-13.5 rep.)
14 (305 ILCS 5/10-13.6 rep.)
15 (305 ILCS 5/10-13.7 rep.)
16 (305 ILCS 5/10-13.8 rep.)
17 (305 ILCS 5/10-13.9 rep.)
18 (305 ILCS 5/10-13.10 rep.)
19 (305 ILCS 5/10-14 rep.)
20 (305 ILCS 5/10-15 rep.)
21 (305 ILCS 5/10-16 rep.)
22 (305 ILCS 5/10-16.2 rep.)
23 (305 ILCS 5/10-16.3 rep.)
24 (305 ILCS 5/10-17 rep.)
25 (305 ILCS 5/10-17.1 rep.)
26 (305 ILCS 5/10-17.2 rep.)
27 (305 ILCS 5/10-17.3 rep.)
28 (305 ILCS 5/10-17.4 rep.)
29 (305 ILCS 5/10-17.5 rep.)
30 (305 ILCS 5/10-17.6 rep.)
31 (305 ILCS 5/10-17.7 rep.)
32 (305 ILCS 5/10-17.8 rep.)
33 (305 ILCS 5/10-17.9 rep.)
34 (305 ILCS 5/10-18 rep.)
-79- LRB9004624DJbd
1 (305 ILCS 5/10-19 rep.)
2 (305 ILCS 5/10-20 rep.)
3 (305 ILCS 5/10-22 rep.)
4 (305 ILCS 5/10-23 rep.)
5 (305 ILCS 5/12-4.3 rep.)
6 Section 35. The Illinois Public Aid Code is amended by
7 repealing Sections 10-1 through 10-20, Sections 10-22 and
8 10-23, and Section 12-4.3.
9 Section 40. The Vital Records Act is amended by changing
10 Sections 17 and 22 as follows:
11 (410 ILCS 535/17) (from Ch. 111 1/2, par. 73-17)
12 Sec. 17. (1) For a person born in this State, the State
13 Registrar of Vital Records shall establish a new certificate
14 of birth when he receives any of the following:
15 (a) A certificate of adoption as provided in
16 Section 16 or a certified copy of the order of adoption
17 together with the information necessary to identify the
18 original certificate of birth and to establish the new
19 certificate of birth; except that a new certificate of
20 birth shall not be established if so requested by the
21 court ordering the adoption, the adoptive parents, or the
22 adopted person.
23 (b) A certificate of adoption or a certified copy
24 of the order of adoption entered in a court of competent
25 jurisdiction of any other state or country declaring
26 adopted a child born in the State of Illinois, together
27 with the information necessary to identify the original
28 certificate of birth and to establish the new certificate
29 of birth; except that a new certificate of birth shall
30 not be established if so requested by the court ordering
31 the adoption, the adoptive parents, or the adopted
32 person.
-80- LRB9004624DJbd
1 (c) A request that a new certificate be established
2 and such evidence as required by regulation proving that
3 such person has been legitimatized, or that the circuit
4 court, the Attorney General, or the Illinois Department
5 of Public Aid has determined the paternity of such a
6 person, which is accompanied by the social security
7 numbers of all persons determined and presumed to be the
8 parents.
9 (d) An affidavit by a physician that he has
10 performed an operation on a person, and that by reason of
11 the operation the sex designation on such person's birth
12 record should be changed. The State Registrar of Vital
13 Records may make any investigation or require any further
14 information he deems necessary.
15 Each request for a new certificate of birth shall be
16 accompanied by a fee of $15 and entitles the applicant to one
17 certification or certified copy of the new certificate. If
18 the request is for additional copies, it shall be accompanied
19 by a fee of $2 for each additional certification or certified
20 copy.
21 (2) When a new certificate of birth is established, the
22 actual place and date of birth shall be shown; provided, in
23 the case of adoption of a person born in this State by
24 parents who were residents of this State at the time of the
25 birth of the adopted person, the place of birth may be shown
26 as the place of residence of the adoptive parents at the time
27 of such person's birth, if specifically requested by them,
28 and any new certificate of birth established prior to the
29 effective date of this amendatory Act may be corrected
30 accordingly if so requested by the adoptive parents or the
31 adopted person when of legal age. The social security numbers
32 of the parents shall not be recorded on the certificate of
33 birth. The social security numbers may only be used for
34 purposes allowed under federal law. The new certificate shall
-81- LRB9004624DJbd
1 be substituted for the original certificate of birth:
2 (a) Thereafter, the original certificate and the
3 evidence of adoption, paternity, legitimation, or sex
4 change shall not be subject to inspection or
5 certification except upon order of the circuit court or
6 as provided by regulation.
7 (b) Upon receipt of notice of annulment of
8 adoption, the original certificate of birth shall be
9 restored to its place in the files, and the new
10 certificate and evidence shall not be subject to
11 inspection or certification except upon order of the
12 circuit court.
13 (3) If no certificate of birth is on file for the person
14 for whom a new certificate is to be established under this
15 Section, a delayed record of birth shall be filed with the
16 State Registrar of Vital Records as provided in Section 14 or
17 Section 15 of this Act before a new certificate of birth is
18 established, except that when the date and place of birth and
19 parentage have been established in the adoption proceedings,
20 a delayed record shall not be required.
21 (4) When a new certificate of birth is established by
22 the State Registrar of Vital Records, all copies of the
23 original certificate of birth in the custody of any custodian
24 of permanent local records in this State shall be transmitted
25 to the State Registrar of Vital Records as directed, and
26 shall be sealed from inspection.
27 (5) Nothing in this Section shall be construed to
28 prohibit the amendment of a birth certificate in accordance
29 with subsection (6) of Section 22.
30 (Source: P.A. 89-6, eff. 3-6-95; 89-257, eff. 1-1-96; 89-626,
31 eff. 8-9-96.)
32 (410 ILCS 535/22) (from Ch. 111 1/2, par. 73-22)
33 Sec. 22. (1) A certificate or record filed under this
-82- LRB9004624DJbd
1 Act may be amended only in accordance with this Act and such
2 regulations as the Department may adopt to protect the
3 integrity of vital records. An application for an amendment
4 shall be accompanied by a fee of $15 which includes the
5 provision of one certification or certified copy of the
6 amended birth record. If the request is for additional
7 copies, it shall be accompanied by a fee of $2 for each
8 additional certification or certified copy. Such amendments
9 may only be made in connection with the original certificates
10 and may not be made on copies of such certificates without
11 the approval of the State Registrar of Vital Records. The
12 provisions of this Section shall also be applicable to a
13 certificate or record filed under any former Act relating to
14 the registration of births, stillbirths, and deaths. Any
15 original certificate or record filed with the county clerk
16 prior to January 1, 1916, may be amended by the county clerk
17 under the same provisions of this Section, or regulations
18 adopted pursuant thereto, as apply to the State Registrar of
19 Vital Records governing amendments to certificates or records
20 filed with the Department subsequent to December 31, 1915.
21 (2) A certificate that is amended under this Section
22 after its filing shall have the correction entered on its
23 face; shall clearly indicate that an amendment has been made;
24 and shall show the date of the amendment. A summary
25 description of the evidence submitted in support of an
26 amendment shall be permanently retained by the Department
27 either as an original record or in microphotographic form.
28 Documents from which such summary descriptions are made may
29 be returned by the Department to the person or persons
30 submitting them. The Department shall prescribe by
31 regulation the conditions under which, within one year after
32 the date of occurrence, additions or minor corrections may be
33 made without the certificate being considered amended.
34 (3) An amendment to a delayed birth registration
-83- LRB9004624DJbd
1 established under the provisions of Section 15 of this Act
2 may be made by the State Registrar of Vital Records only upon
3 the basis of an order from the court which originally
4 established the facts of birth.
5 (4) Upon receipt of a certified copy of a court order
6 changing the name or names of a person born in this State,
7 the official custodian shall amend the original certificate
8 of birth to reflect the changes.
9 (5) (Blank).
10 (6) When the Illinois Department of Public Aid (before
11 the effective date of this amendatory Act of 1997) or the
12 Attorney General (on and after that date) establishes
13 paternity based on a voluntary acknowledgement of paternity
14 of a child by the child's mother and alleged father under
15 Section 10-17.7 of the Illinois Public Aid Code or Section
16 7.210 of the Attorney General Act, the State Registrar of
17 Vital Records shall amend the original record accordingly.
18 (7) Notwithstanding any other provision of this Act, if
19 an adopted person applies in accordance with this Section for
20 the amendment of the name on his or her birth certificate,
21 the State Registrar shall amend the birth certificate if the
22 person provides documentation or other evidence supporting
23 the application that would be deemed sufficient if the
24 documentation or evidence had been submitted in support of an
25 application by a person who has not been adopted.
26 (8) When paternity has been established after the birth
27 in accordance with Section 12, the State Registrar of Vital
28 Records shall amend the original record accordingly.
29 (9) Upon application by the parents not later than one
30 year after an acknowledgment of parentage under this Act, the
31 Attorney General Act, or the Illinois Public Aid Code or a
32 judicial or administrative determination or establishment of
33 paternity or parentage, the State Registrar of Vital Records
34 shall amend the child's name on the child's certificate of
-84- LRB9004624DJbd
1 birth in accordance with the application. No more than one
2 application to change a child's name may be made under this
3 subsection (9).
4 (10) When a certificate is amended by the State
5 Registrar of Vital Records under this Section, the State
6 Registrar of Vital Records shall furnish a copy of the
7 summary description to the custodian of any permanent local
8 records and such records shall be amended accordingly.
9 (Source: P.A. 89-6, eff. 3-6-95; 89-257, eff. 1-1-96; 89-626,
10 eff. 8-9-96; 89-641, eff. 8-9-96.)
11 Section 45. The Attorney Act is amended by changing
12 Section 1 as follows:
13 (705 ILCS 205/1) (from Ch. 13, par. 1)
14 Sec. 1. No person shall be permitted to practice as an
15 attorney or counselor at law within this State without having
16 previously obtained a license for that purpose from the
17 Supreme Court of this State.
18 No person shall receive any compensation directly or
19 indirectly for any legal services other than a regularly
20 licensed attorney.
21 A license, as provided for herein, constitutes the person
22 receiving the same an attorney and counselor at law,
23 according to the law and customs thereof, for and during his
24 good behavior in the practice and authorizes him to demand
25 and receive fees for any services which he may render as an
26 attorney and counselor at law in this State. No person shall
27 be granted a license or renewal authorized by this Act who
28 has defaulted on an educational loan guaranteed by the
29 Illinois Student Assistance Commission; however, a license or
30 renewal may be issued to the aforementioned persons who have
31 established a satisfactory repayment record as determined by
32 the Illinois Student Assistance Commission. No person shall
-85- LRB9004624DJbd
1 be granted a license or renewal authorized by this Act who is
2 more than 30 days delinquent in complying with a child
3 support order; a license or renewal may be issued, however,
4 if the person has established a satisfactory repayment record
5 as determined (i) by the Illinois Department of Public Aid
6 for cases being enforced under Article X of the Illinois
7 Public Aid Code or by the Attorney General for cases being
8 enforced under Sections 7.1 through 7.250 of the Attorney
9 General Act or (ii) in all other cases by order of court or
10 by written agreement between the custodial parent and
11 non-custodial parent. No person shall be refused a license
12 under this Act on account of sex.
13 Any person practicing, charging or receiving fees for
14 legal services within this State, either directly or
15 indirectly, without being licensed to practice as herein
16 required, is guilty of contempt of court and shall be
17 punished accordingly, upon complaint being filed in any
18 Circuit Court of this State. Such proceedings shall be
19 conducted in the Courts of the respective counties where the
20 alleged contempt has been committed in the same manner as in
21 cases of indirect contempt and with the right of review by
22 the parties thereto.
23 The provisions of this Act shall be in addition to other
24 remedies permitted by law and shall not be construed to
25 deprive courts of this State of their inherent right to
26 punish for contempt or to restrain the unauthorized practice
27 of law.
28 Nothing in this Act shall be construed to prohibit
29 representation of a party by a person who is not an attorney
30 in a proceeding before the Illinois State Labor Relations
31 Board or the Illinois Local Labor Relations Board under the
32 Illinois Public Labor Relations Act, as now or hereafter
33 amended, the Illinois Educational Labor Relations Board under
34 the Illinois Educational Labor Relations Act, as now or
-86- LRB9004624DJbd
1 hereafter amended, the State Civil Service Commission, the
2 local Civil Service Commissions, or the University Civil
3 Service Merit Board, to the extent allowed pursuant to rules
4 and regulations promulgated by those Boards and Commissions.
5 (Source: P.A. 89-6, eff. 3-6-95.)
6 Section 50. The Illinois Marriage and Dissolution of
7 Marriage Act is amended by changing Sections 505, 505.1, 507,
8 510, 516, 705, 706.1, 709, and 712 as follows:
9 (750 ILCS 5/505) (from Ch. 40, par. 505)
10 Sec. 505. Child support; contempt; penalties.
11 (a) In a proceeding for dissolution of marriage, legal
12 separation, declaration of invalidity of marriage, a
13 proceeding for child support following dissolution of the
14 marriage by a court which lacked personal jurisdiction over
15 the absent spouse, a proceeding for modification of a
16 previous order for child support under Section 510 of this
17 Act, or any proceeding authorized under Section 501 or 601 of
18 this Act, the court may order either or both parents owing a
19 duty of support to a child of the marriage to pay an amount
20 reasonable and necessary for his support, without regard to
21 marital misconduct. The duty of support owed to a minor
22 child includes the obligation to provide for the reasonable
23 and necessary physical, mental and emotional health needs of
24 the child.
25 (1) The Court shall determine the minimum amount of
26 support by using the following guidelines:
27 Number of Children Percent of Supporting Party's
28 Net Income
29 1 20%
30 2 25%
31 3 32%
32 4 40%
-87- LRB9004624DJbd
1 5 45%
2 6 or more 50%
3 (2) The above guidelines shall be applied in each
4 case unless the court makes a finding that application of
5 the guidelines would be inappropriate, after considering
6 the best interests of the child in light of evidence
7 including but not limited to one or more of the following
8 relevant factors:
9 (a) the financial resources and needs of the
10 child;
11 (b) the financial resources and needs of the
12 custodial parent;
13 (c) the standard of living the child would
14 have enjoyed had the marriage not been dissolved;
15 (d) the physical and emotional condition of
16 the child, and his educational needs; and
17 (e) the financial resources and needs of the
18 non-custodial parent.
19 If the court deviates from the guidelines, the
20 court's finding shall state the amount of support that
21 would have been required under the guidelines, if
22 determinable. The court shall include the reason or
23 reasons for the variance from the guidelines.
24 (3) "Net income" is defined as the total of all
25 income from all sources, minus the following deductions:
26 (a) Federal income tax (properly calculated
27 withholding or estimated payments);
28 (b) State income tax (properly calculated
29 withholding or estimated payments);
30 (c) Social Security (FICA payments);
31 (d) Mandatory retirement contributions
32 required by law or as a condition of employment;
33 (e) Union dues;
34 (f) Dependent and individual
-88- LRB9004624DJbd
1 health/hospitalization insurance premiums;
2 (g) Prior obligations of support or
3 maintenance actually paid pursuant to a court order;
4 (h) Expenditures for repayment of debts that
5 represent reasonable and necessary expenses for the
6 production of income, medical expenditures necessary
7 to preserve life or health, reasonable expenditures
8 for the benefit of the child and the other parent,
9 exclusive of gifts. The court shall reduce net
10 income in determining the minimum amount of support
11 to be ordered only for the period that such payments
12 are due and shall enter an order containing
13 provisions for its self-executing modification upon
14 termination of such payment period.
15 (4) In cases where the court order provides for
16 health/hospitalization insurance coverage pursuant to
17 Section 505.2 of this Act, the premiums for that
18 insurance, or that portion of the premiums for which the
19 supporting party is responsible in the case of insurance
20 provided through an employer's health insurance plan
21 where the employer pays a portion of the premiums, shall
22 be subtracted from net income in determining the minimum
23 amount of support to be ordered.
24 (4.5) In a proceeding for child support following
25 dissolution of the marriage by a court that lacked
26 personal jurisdiction over the absent spouse, and in
27 which the court is requiring payment of support for the
28 period before the date an order for current support is
29 entered, there is a rebuttable presumption that the
30 supporting party's net income for the prior period was
31 the same as his or her net income at the time the order
32 for current support is entered.
33 (5) If the net income cannot be determined because
34 of default or any other reason, the court shall order
-89- LRB9004624DJbd
1 support in an amount considered reasonable in the
2 particular case. The final order in all cases shall
3 state the support level in dollar amounts.
4 (b) Failure of either parent to comply with an order to
5 pay support shall be punishable as in other cases of
6 contempt. In addition to other penalties provided by law the
7 Court may, after finding the parent guilty of contempt, order
8 that the parent be:
9 (1) placed on probation with such conditions of
10 probation as the Court deems advisable;
11 (2) sentenced to periodic imprisonment for a period
12 not to exceed 6 months; provided, however, that the Court
13 may permit the parent to be released for periods of time
14 during the day or night to:
15 (A) work; or
16 (B) conduct a business or other self-employed
17 occupation.
18 The Court may further order any part or all of the
19 earnings of a parent during a sentence of periodic
20 imprisonment paid to the Clerk of the Circuit Court or to the
21 parent having custody or to the guardian having custody of
22 the minor children of the sentenced parent for the support of
23 said minor children until further order of the Court.
24 The court may also order in cases where the parent is 90
25 days or more delinquent in payment of support or has been
26 adjudicated in arrears in an amount equal to 90 days
27 obligation or more, that the parent's Illinois driving
28 privileges be suspended until the court determines that the
29 parent is in compliance with the order of support. The court
30 may also order that the parent be issued a family financial
31 responsibility driving permit that would allow limited
32 driving privileges for employment and medical purposes in
33 accordance with Section 7-702.1 of the Illinois Vehicle Code.
34 The clerk of the circuit court shall certify the order
-90- LRB9004624DJbd
1 suspending the driving privileges of the parent or granting
2 the issuance of a family financial responsibility driving
3 permit to the Secretary of State on forms prescribed by the
4 Secretary. Upon receipt of the authenticated documents, the
5 Secretary of State shall suspend the parent's driving
6 privileges until further order of the court and shall, if
7 ordered by the court, subject to the provisions of Section
8 7-702.1 of the Illinois Vehicle Code, issue a family
9 financial responsibility driving permit to the parent.
10 (c) A one-time charge of 20% is imposable upon the
11 amount of past-due child support owed on July 1, 1988 which
12 has accrued under a support order entered by the court. The
13 charge shall be imposed in accordance with the provisions of
14 Section 10-21 of the Illinois Public Aid Code and shall be
15 enforced by the court upon petition. On and after the
16 effective date of this amendatory Act of 1997, the Attorney
17 General may collect, on behalf of the Illinois Department of
18 Public Aid, any charge imposed in accordance with this
19 subsection. Nothing in this amendatory Act of 1997 shall be
20 construed to affect the validity of any charge imposed in
21 accordance with this subsection.
22 (d) Any new or existing support order entered by the
23 court under this Section shall be deemed to be a series of
24 judgments against the person obligated to pay support
25 thereunder, each such judgment to be in the amount of each
26 payment or installment of support and each such judgment to
27 be deemed entered as of the date the corresponding payment or
28 installment becomes due under the terms of the support order.
29 Each such judgment shall have the full force, effect and
30 attributes of any other judgment of this State, including the
31 ability to be enforced.
32 (e) When child support is to be paid through the clerk
33 of the court in a county of 1,000,000 inhabitants or less,
34 the order shall direct the obligor to pay to the clerk, in
-91- LRB9004624DJbd
1 addition to the child support payments, all fees imposed by
2 the county board under paragraph (3) of subsection (u) of
3 Section 27.1 of the Clerks of Courts Act. Unless paid in
4 cash or pursuant to an order for withholding, the payment of
5 the fee shall be by a separate instrument from the support
6 payment and shall be made to the order of the Clerk.
7 (f) An order for support entered or modified in a case
8 in which a party is receiving child and spouse support
9 services under Article X of the Illinois Public Aid Code or
10 under Sections 7.1 through 7.250 of the Attorney General Act
11 shall include a provision requiring the obligor to notify the
12 Illinois Department of Public Aid (before the effective date
13 of this amendatory Act of 1997) or the Attorney General (on
14 and after that date), within 7 days, (i) of the name and
15 address of any new employer of the obligor, (ii) whether the
16 obligor has access to health insurance coverage through the
17 employer or other group coverage, and (iii) if so, the policy
18 name and number and the names of persons covered under the
19 policy.
20 (g) An order for support shall include a date on which
21 the current support obligation terminates. The termination
22 date shall be no earlier than the date on which the child
23 covered by the order will attain the age of majority or is
24 otherwise emancipated. The order for support shall state
25 that the termination date does not apply to any arrearage
26 that may remain unpaid on that date. Nothing in this
27 subsection shall be construed to prevent the court from
28 modifying the order.
29 (Source: P.A. 88-307; 88-687, eff. 1-24-95; 89-88, eff.
30 6-30-95; 89-92, eff. 7-1-96; 89-626, eff. 8-9-96.)
31 (750 ILCS 5/505.1) (from Ch. 40, par. 505.1)
32 Sec. 505.1. Whenever it is determined in a proceeding to
33 establish or enforce a child support or maintenance
-92- LRB9004624DJbd
1 obligation that the person owing a duty of support is
2 unemployed, the court may order the person to seek employment
3 and report periodically to the court with a diary, listing or
4 other memorandum of his or her efforts in accordance with
5 such order. Additionally, the court may order the unemployed
6 person to report to the Department of Employment Security for
7 job search services or to make application with the local
8 Jobs Training Partnership Act provider for participation in
9 job search, training or work programs and where the duty of
10 support is owed to a child receiving support services under
11 Article X of The Illinois Public Aid Code or Sections 7.1
12 through 7.250 of the Attorney General Act, as amended, the
13 court may order the unemployed person to report to the
14 Illinois Department of Public Aid for participation in job
15 search, training or work programs established under Section
16 9-6 of that Code.
17 (Source: P.A. 85-1155.)
18 (750 ILCS 5/507) (from Ch. 40, par. 507)
19 Sec. 507. Payment of maintenance or support to court.
20 (a) In actions instituted under this Act, the court
21 shall order that maintenance and support payments be made to
22 the clerk of court as trustee for remittance to the person
23 entitled to receive the payments. However, the court in its
24 discretion may direct otherwise where circumstances so
25 warrant.
26 Upon notification in writing or by electronic
27 transmission from the Illinois Department of Public Aid
28 (before the effective date of this amendatory Act of 1997) or
29 the Attorney General (on and after that date) to the clerk
30 of the court that a person who is receiving support payments
31 under this Section is receiving services under the Child
32 Support Enforcement Program established by Title IV-D of the
33 Social Security Act, any support payments subsequently
-93- LRB9004624DJbd
1 received by the clerk of the court shall be transmitted in
2 accordance with the instructions of the Illinois Department
3 of Public Aid or the Attorney General until the Department or
4 the Attorney General gives notice to the clerk of the court
5 to cease the transmittal. After providing the notification
6 authorized under this paragraph, the Illinois Department of
7 Public Aid (before the effective date of this amendatory Act
8 of 1997) or the Attorney General (on and after that date)
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 of Public Aid's or Attorney
12 General's notification in the court file. The failure of the
13 clerk to file a copy of the notification in the court file
14 shall not, however, affect the Illinois Department of Public
15 Aid's or Attorney General's right to receive notice of
16 further proceedings.
17 (b) The clerk of court shall maintain records listing
18 the amount of payments, the date payments are required to be
19 made and the names and addresses of the parties affected by
20 the order. For those cases in which support is payable to the
21 clerk of the circuit court for transmittal to the Illinois
22 Department of Public Aid by order of the court or upon
23 notification of the Illinois Department of Public Aid or the
24 Attorney General, and the Illinois Department of Public Aid
25 or the Attorney General collects support by assignment,
26 offset, withholding, deduction or other process permitted by
27 law, the Illinois Department or the Attorney General, as the
28 case may be, shall notify the clerk of the date and amount of
29 such collection. Upon notification, the clerk shall record
30 the collection on the payment record for the case.
31 (c) The parties affected by the order shall inform the
32 clerk of court of any change of address or of other condition
33 that may affect the administration of the order.
34 (d) The provisions of this Section shall not apply to
-94- LRB9004624DJbd
1 cases that come under the provisions of Sections 709 through
2 712.
3 (Source: P.A. 88-307; 88-687, eff. 1-24-95.)
4 (750 ILCS 5/510) (from Ch. 40, par. 510)
5 Sec. 510. Modification and termination of provisions for
6 maintenance, support, educational expenses, and property
7 disposition.
8 (a) Except as otherwise provided in paragraph (f) of
9 Section 502 and in subsection (d), clause (3) of Section
10 505.2, the provisions of any judgment respecting maintenance
11 or support may be modified only as to installments accruing
12 subsequent to due notice by the moving party of the filing of
13 the motion for modification and, with respect to maintenance,
14 only upon a showing of a substantial change in circumstances.
15 An order for child support may be modified as follows:
16 (1) upon a showing of a substantial change in
17 circumstances; and
18 (2) without the necessity of showing a substantial
19 change in circumstances, as follows:
20 (A) upon a showing of an inconsistency of at
21 least 20%, but no less than $10 per month, between
22 the amount of the existing order and the amount of
23 child support that results from application of the
24 guidelines specified in Section 505 of this Act
25 unless the inconsistency is due to the fact that the
26 amount of the existing order resulted from a
27 deviation from the guideline amount and there has
28 not been a change in the circumstances that resulted
29 in that deviation; or
30 (B) Upon a showing of a need to provide for
31 the health care needs of the child under the order
32 through health insurance or other means. In no
-95- LRB9004624DJbd
1 event shall the eligibility for or receipt of
2 medical assistance be considered to meet the need to
3 provide for the child's health care needs.
4 The provisions of subparagraph (a)(2)(A) shall apply only
5 in cases in which a party is receiving child and spouse
6 support services from the Illinois Department of Public Aid
7 under Article X of the Illinois Public Aid Code or from the
8 Attorney General under Sections 7.1 through 7.250 of the
9 Attorney General Act, and only when at least 36 months have
10 elapsed since the order for child support was entered or last
11 modified.
12 (b) The provisions as to property disposition may not be
13 revoked or modified, unless the court finds the existence of
14 conditions that justify the reopening of a judgment under the
15 laws of this State.
16 (c) Unless otherwise agreed by the parties in a written
17 agreement set forth in the judgment or otherwise approved by
18 the court, the obligation to pay future maintenance is
19 terminated upon the death of either party, or the remarriage
20 of the party receiving maintenance, or if the party receiving
21 maintenance cohabits with another person on a resident,
22 continuing conjugal basis.
23 (d) Unless otherwise agreed in writing or expressly
24 provided in a judgment, provisions for the support of a child
25 are terminated by emancipation of the child, except as
26 otherwise provided herein, but not by the death of a parent
27 obligated to support or educate the child. An existing
28 obligation to pay for support or educational expenses, or
29 both, is not terminated by the death of a parent. When a
30 parent obligated to pay support or educational expenses, or
31 both, dies, the amount of support or educational expenses, or
32 both, may be enforced, modified, revoked or commuted to a
33 lump sum payment, as equity may require, and that
34 determination may be provided for at the time of the
-96- LRB9004624DJbd
1 dissolution of the marriage or thereafter.
2 (e) The right to petition for support or educational
3 expenses, or both, under Sections 505 and 513 is not
4 extinguished by the death of a parent. Upon a petition filed
5 before or after a parent's death, the court may award sums of
6 money out of the decedent's estate for the child's support or
7 educational expenses, or both, as equity may require. The
8 time within which a claim may be filed against the estate of
9 a decedent under Sections 505 and 513 and subsection (d) and
10 this subsection shall be governed by the provisions of the
11 Probate Act of 1975, as a barrable, noncontingent claim.
12 (Source: P.A. 87-714; 88-42; 88-307; 88-670, eff. 12-2-94.)
13 (750 ILCS 5/516) (from Ch. 40, par. 516)
14 Sec. 516. Public Aid Collection fee.
15 (a) In all cases instituted before the effective date of
16 this amendatory Act of 1997 by the Illinois Department of
17 Public Aid on behalf of a child or spouse, other than one
18 receiving a grant of financial aid under Article IV of The
19 Illinois Public Aid Code, on whose behalf an application has
20 been made and approved for support services as provided by
21 Section 10-1 of that Code, the court shall impose a
22 collection fee on the individual who owes a child or spouse
23 support obligation in an amount equal to 10% of the amount so
24 owed as long as such collection is required by federal law,
25 which fee shall be in addition to the support obligation.
26 The imposition of such fee shall be in accordance with
27 provisions of Title IV, Part D, of the Social Security Act
28 and regulations duly promulgated thereunder. The fee shall
29 be payable to the clerk of the circuit court for transmittal
30 to the Illinois Department of Public Aid and shall continue
31 until support services are terminated by that Department,
32 except as otherwise provided in this subsection.
33 If a collection fee is imposed under this subsection and
-97- LRB9004624DJbd
1 if, on or after the effective date of this amendatory Act of
2 1997, the child or spouse receives support services under
3 Section 7.5 of the Attorney General Act, the fee shall be
4 payable to the clerk of the circuit court for transmittal to
5 the Attorney General and shall continue until support
6 services are terminated by the Attorney General. Nothing in
7 this amendatory Act of 1997 shall be construed to affect the
8 validity of any collection fee imposed in accordance with the
9 first paragraph of this subsection.
10 (b) In all cases instituted on or after the effective
11 date of this amendatory Act of 1997 by the Attorney General
12 on behalf of a child or spouse, other than one receiving a
13 grant of financial aid under Article IV of the Illinois
14 Public Aid Code, on whose behalf an application has been made
15 and approved for support services as provided by Section 7.5
16 of the Attorney General Act, the court shall impose a
17 collection fee on the individual who owes a child or spouse
18 support obligation in an amount equal to 10% of the amount so
19 owed as long as such collection is required by federal law,
20 which fee shall be in addition to the support obligation.
21 The imposition of such fee shall be in accordance with
22 provisions of Title IV, Part D, of the Social Security Act
23 and regulations duly promulgated thereunder. The fee shall
24 be payable to the clerk of the circuit court for transmittal
25 to the Attorney General and shall continue until support
26 services are terminated by the Attorney General.
27 (Source: P.A. 82-979.)
28 (750 ILCS 5/705) (from Ch. 40, par. 705)
29 Sec. 705. Support payments; receiving and disbursing
30 agents.
31 (1) The provisions of this Section shall apply, except
32 as provided in Sections 709 through 712.
33 (2) In a dissolution of marriage action filed in a
-98- LRB9004624DJbd
1 county of less than 3 million population in which an order or
2 judgment for child support is entered, and in supplementary
3 proceedings in any such county to enforce or vary the terms
4 of such order or judgment arising out of an action for
5 dissolution of marriage filed in such county, the court,
6 except as it otherwise orders, under subsection (4) of this
7 Section, may direct that child support payments be made to
8 the clerk of the court.
9 (3) In a dissolution of marriage action filed in any
10 county of 3 million or more population in which an order or
11 judgment for child support is entered, and in supplementary
12 proceedings in any such county to enforce or vary the terms
13 of such order or judgment arising out of an action for
14 dissolution of marriage filed in such county, the court,
15 except as it otherwise orders under subsection (4) of this
16 Section, may direct that child support payments be made
17 either to the clerk of the court or to the Court Service
18 Division of the County Department of Public Aid. After the
19 effective date of this Act, the court, except as it otherwise
20 orders under subsection (4) of this Section, may direct that
21 child support payments be made either to the clerk of the
22 court or to the Illinois Department of Public Aid.
23 (4) In a dissolution of marriage action or supplementary
24 proceedings involving maintenance or child support payments,
25 or both, to persons who are recipients of aid under the
26 Illinois Public Aid Code, the court shall direct that such
27 payments be made to (a) the Illinois Department of Public Aid
28 if the persons are recipients under Articles III, IV, or V of
29 the Code, or (b) the local governmental unit responsible for
30 their support if they are recipients under Articles VI or VII
31 of the Code. In accordance with federal law and regulations,
32 the Illinois Department of Public Aid may continue to collect
33 current maintenance payments or child support payments, or
34 both, after those persons cease to receive public assistance
-99- LRB9004624DJbd
1 and until termination of services under Article X of the
2 Illinois Public Aid Code or under Sections 7.1 through 7.250
3 of the Attorney General Act. The Illinois Department of
4 Public Aid shall pay the net amount collected to those
5 persons after deducting any costs incurred in making the
6 collection or any collection fee from the amount of any
7 recovery made. The order shall permit the Illinois
8 Department of Public Aid, or the Attorney General, or the
9 local governmental unit, as the case may be, to direct that
10 payments be made directly to the former spouse, the children,
11 or both, or to some person or agency in their behalf, upon
12 removal of the former spouse or children from the public aid
13 rolls or upon termination of services under Article X of the
14 Illinois Public Aid Code or under Sections 7.1 through 7.250
15 of the Attorney General Act; and upon such direction, the
16 Illinois Department or local governmental unit, as the case
17 requires, shall give notice of such action to the court in
18 writing or by electronic transmission.
19 (5) All clerks of the court and the Court Service
20 Division of a County Department of Public Aid and, after the
21 effective date of this Act, all clerks of the court and the
22 Illinois Department of Public Aid, receiving child support
23 payments under subsections (2) and (3) of this Section shall
24 disburse the payments to the person or persons entitled
25 thereto under the terms of the order or judgment. They shall
26 establish and maintain current records of all moneys received
27 and disbursed and of defaults and delinquencies in required
28 payments. The court, by order or rule, shall make provision
29 for the carrying out of these duties.
30 Upon notification in writing or by electronic
31 transmission from the Illinois Department of Public Aid
32 (before the effective date of this amendatory Act of 1997) or
33 the Attorney General (on and after that date) to the clerk
34 of the court that a person who is receiving support payments
-100- LRB9004624DJbd
1 under this Section is receiving services under the Child
2 Support Enforcement Program established by Title IV-D of the
3 Social Security Act, any support payments subsequently
4 received by the clerk of the court shall be transmitted in
5 accordance with the instructions of the Illinois Department
6 of Public Aid or the Attorney General until the Department or
7 the Attoney General gives notice to the clerk of the court to
8 cease the transmittal. After providing the notification
9 authorized under this paragraph, the Illinois Department of
10 Public Aid (before the effective date of this amendatory Act
11 of 1997) or the Attorney General (on and after that date)
12 shall be entitled as a party to notice of any further
13 proceedings in the case. The clerk of the court shall file a
14 copy of the Illinois Department of Public Aid's or Attorney
15 General's notification in the court file. The failure of the
16 clerk to file a copy of the notification in the court file
17 shall not, however, affect the Illinois Department of Public
18 Aid's or Attorney General's right to receive notice of
19 further proceedings.
20 Payments under this Section to the Illinois Department of
21 Public Aid or the Attorney General pursuant to the Child
22 Support Enforcement Program established by Title IV-D of the
23 Social Security Act shall be paid into the Child Support
24 Enforcement Trust Fund. All other payments under this Section
25 to the Illinois Department of Public Aid shall be deposited
26 in the Public Assistance Recoveries Trust Fund. Disbursements
27 from these funds shall be as provided in the Illinois Public
28 Aid Code. Payments received by a local governmental unit
29 shall be deposited in that unit's General Assistance Fund.
30 Any order of court directing payment of child support to a
31 clerk of court or the Court Service Division of a County
32 Department of Public Aid, which order has been entered on or
33 after August 14, 1961, and prior to the effective date of
34 this Act, may be amended by the court in line with this Act;
-101- LRB9004624DJbd
1 and orders involving payments of maintenance or child support
2 to recipients of public aid may in like manner be amended to
3 conform to this Act.
4 (6) No filing fee or costs will be required in any
5 action brought at the request of the Illinois Department of
6 Public Aid or the Attorney General in any proceeding under
7 this Act. However, any such fees or costs may be assessed by
8 the court against the respondent in the court's order of
9 support or any modification thereof in a proceeding under
10 this Act.
11 (7) For those cases in which child support is payable to
12 the clerk of the circuit court for transmittal to the
13 Illinois Department of Public Aid by order of court or upon
14 notification by the Illinois Department of Public Aid or the
15 Attorney General, the clerk shall transmit all such payments,
16 within 4 working days of receipt, to ensure insure that funds
17 are available for immediate distribution by the Department to
18 the person or entity entitled thereto in accordance with
19 standards of the Child Support Enforcement Program
20 established under Title IV-D of the Social Security Act. The
21 clerk shall notify the Department of the date of receipt and
22 amount thereof at the time of transmittal. Where the clerk
23 has entered into an agreement of cooperation with the
24 Department to record the terms of child support orders and
25 payments made thereunder directly into the Department's
26 automated data processing system, the clerk shall account
27 for, transmit and otherwise distribute child support payments
28 in accordance with such agreement in lieu of the requirements
29 contained herein.
30 In any action filed in a county with a population of
31 1,000,000 or less, the court shall assess against the
32 respondent in any order of maintenance or child support any
33 sum up to $36 annually authorized by ordinance of the county
34 board to be collected by the clerk of the court as costs for
-102- LRB9004624DJbd
1 administering the collection and disbursement of maintenance
2 and child support payments. Such sum shall be in addition to
3 and separate from amounts ordered to be paid as maintenance
4 or child support.
5 (Source: P.A. 88-687, eff. 1-24-95.)
6 (750 ILCS 5/706.1) (from Ch. 40, par. 706.1)
7 (Text of Section before amendment by P.A. 89-507)
8 Sec. 706.1. Withholding of Income to Secure Payment of
9 Support.
10 (A) Definitions.
11 (1) "Order for support" means any order of the court
12 which provides for periodic payment of funds for the support
13 of a child or maintenance of a spouse, whether temporary or
14 final, and includes any such order which provides for:
15 (a) Modification or resumption of, or payment of
16 arrearage accrued under, a previously existing order;
17 (b) Reimbursement of support; or
18 (c) Enrollment in a health insurance plan that is
19 available to the obligor through an employer or labor
20 union or trade union.
21 (2) "Arrearage" means the total amount of unpaid support
22 obligations.
23 (3) "Delinquency" means any payment under an order for
24 support which becomes due and remains unpaid after an order
25 for withholding has been entered under subsection (B) or, for
26 purposes of subsection (K), after the last order for support
27 was entered for which no order for withholding was entered.
28 (4) "Income" means any form of periodic payment to an
29 individual, regardless of source, including, but not limited
30 to: wages, salary, commission, compensation as an independent
31 contractor, workers' compensation, disability, annuity and
32 retirement benefits, lottery prize awards, insurance
33 proceeds, vacation pay, bonuses, profit-sharing payments and
-103- LRB9004624DJbd
1 any other payments, made by any person, private entity,
2 federal or state government, any unit of local government,
3 school district or any entity created by Public Act; however,
4 "income" excludes:
5 (a) Any amounts required by law to be withheld,
6 other than creditor claims, including, but not limited
7 to, federal, State and local taxes, Social Security and
8 other retirement and disability contributions;
9 (b) Union dues;
10 (c) Any amounts exempted by the federal Consumer
11 Credit Protection Act;
12 (d) Public assistance payments; and
13 (e) Unemployment insurance benefits except as
14 provided by law.
15 Any other State or local laws which limit or exempt
16 income or the amount or percentage of income that can be
17 withheld shall not apply.
18 (5) "Obligor" means the individual who owes a duty to
19 make payments under an order for support.
20 (6) "Obligee" means the individual to whom a duty of
21 support is owed or the individual's legal representative.
22 (7) "Payor" means any payor of income to an obligor.
23 (8) "Public office" means any elected official or any
24 State or local agency which is or may become responsible by
25 law for enforcement of, or which is or may become authorized
26 to enforce, an order for support, including, but not limited
27 to: the Attorney General, the Illinois Department of Public
28 Aid, the Illinois Department of Mental Health and
29 Developmental Disabilities, the Illinois Department of
30 Children and Family Services, and the various State's
31 Attorneys, Clerks of the Circuit Court and supervisors of
32 general assistance.
33 (9) "Premium" means the dollar amount for which the
34 obligor is liable to his employer or labor union or trade
-104- LRB9004624DJbd
1 union and which must be paid to enroll or maintain a child in
2 a health insurance plan that is available to the obligor
3 through an employer or labor union or trade union.
4 (B) Entry of an Order for Withholding.
5 (1) Upon entry of any order for support on or after
6 January 1, 1984, the court shall enter a separate order for
7 withholding which shall not take effect unless the obligor
8 becomes delinquent in paying the order for support or the
9 obligor requests an earlier effective date; except that the
10 court may require the order for withholding to take effect
11 immediately.
12 On or after January 1, 1989, the court shall require the
13 order for withholding to take effect immediately, unless a
14 written agreement is reached between and signed by both
15 parties providing for an alternative arrangement, approved
16 and entered into the record by the court, which insures
17 payment of support. In that case, the court shall enter the
18 order for withholding which will not take effect unless the
19 obligor becomes delinquent in paying the order for support.
20 Upon entry of any order of support on or after September
21 11, 1989, if the obligor is not a United States citizen, the
22 obligor shall provide to the court the obligor's alien
23 registration number, passport number, and home country's
24 social security or national health number, if applicable; the
25 court shall make the information part of the record in the
26 case.
27 (2) An order for withholding shall be entered upon
28 petition by the obligee or public office where an order for
29 withholding has not been previously entered.
30 (3) The order for withholding shall:
31 (a) Direct any payor to withhold a dollar amount
32 equal to the order for support; and
33 (b) Direct any payor to withhold an additional
34 dollar amount, not less than 20% of the order for
-105- LRB9004624DJbd
1 support, until payment in full of any delinquency stated
2 in the notice of delinquency provided for in subsection
3 (C) or (F) of this Section; and
4 (c) Direct any payor or labor union or trade union
5 to enroll a child as a beneficiary of a health insurance
6 plan and withhold or cause to be withheld, if
7 applicable, any required premiums; and
8 (d) State the rights, remedies and duties of the
9 obligor under this Section; and
10 (e) Include the obligor's Social Security Number,
11 which the obligor shall disclose to the court; and
12 (f) Include the date that withholding for current
13 support terminates, which shall be the date of
14 termination of the current support obligation set forth
15 in the order for support.
16 (4) At the time the order for withholding is entered,
17 the Clerk of the Circuit Court shall provide a copy of the
18 order for withholding and the order for support to the
19 obligor and shall make copies available to the obligee and
20 public office. Any copy of the order for withholding
21 furnished to the parties under this subsection shall be
22 stamped "Not Valid".
23 (5) The order for withholding shall remain in effect for
24 as long as the order for support upon which it is based.
25 (6) The failure of an order for withholding to state an
26 arrearage is not conclusive of the issue of whether an
27 arrearage is owing.
28 (7) Notwithstanding the provisions of this subsection,
29 if the court finds at the time of any hearing that an
30 arrearage has accrued in an amount equal to at least one
31 month's support obligation or that the obligor is 30 days
32 late in paying all or part of the order for support, the
33 court shall order immediate service of the order for
34 withholding upon the payor.
-106- LRB9004624DJbd
1 (8) Where the court has not required that the order for
2 withholding take effect immediately, the obligee or public
3 office may prepare and serve a notice for immediate
4 withholding upon the obligor by ordinary mail addressed to
5 the obligor at his or her last known address. The notice
6 shall state that the following circumstances have occurred:
7 (a) The parties' written agreement providing an
8 alternative arrangement to immediate withholding under
9 paragraph (1) of this subsection no longer provides for
10 timely payment of all support due; or
11 (b) The obligor has not made timely payments in
12 that the obligor has been at least 7 days late in paying
13 all or part of the order for support any of the last 6
14 consecutive dates payments were due prior to the date of
15 the notice for immediate withholding.
16 The notice for immediate withholding shall clearly state
17 that a specially certified copy of the order for withholding
18 will be sent to the payor, unless the obligor files a
19 petition contesting immediate withholding within 20 days
20 after service of the notice; however, the grounds for the
21 petition shall be limited to a dispute concerning whether the
22 circumstances stated in the notice have occurred or the
23 identity of the obligor. It shall not be grounds for the
24 petition that the obligor has made all payments due by the
25 date of the petition.
26 If the obligor files a petition contesting immediate
27 withholding within the 20-day period required under this
28 paragraph, the Clerk of the Circuit Court shall notify the
29 obligor and the obligee or public office, as appropriate, of
30 the time and place of the hearing on the petition. Upon
31 hearing the petition, the court shall enter an order granting
32 or denying relief. It shall not be grounds for granting the
33 obligor's petition that he or she has made all payments due
34 by the date of hearing. If the court denies the obligor's
-107- LRB9004624DJbd
1 petition, it shall order immediate service of the order for
2 withholding and direct the clerk to provide a specially
3 certified copy of the order for withholding to the obligee or
4 public office indicating that the requirements for immediate
5 withholding under this paragraph have been met.
6 If the obligor does not file a petition contesting
7 immediate withholding within the 20-day period, the obligee
8 or public office shall file with the Clerk of the Circuit
9 Court an affidavit, with a copy of the notice for immediate
10 withholding attached thereto, stating that the notice was
11 duly served and the date on which service was effected, and
12 that the obligor has not filed a petition contesting
13 immediate withholding. The clerk shall then provide to the
14 obligee or public office a specially certified copy of the
15 order for withholding indicating that the requirements for
16 immediate withholding under this paragraph have been met.
17 Upon receipt of a specially certified copy of the order
18 for withholding, the obligee or public office may serve the
19 order on the payor, its superintendent, manager or other
20 agent, by certified mail or personal delivery. A proof of
21 service shall be filed with the Clerk of the Circuit Court.
22 (C) Notice of Delinquency.
23 (1) Whenever an obligor becomes delinquent in payment of
24 an amount equal to at least one month's support obligation
25 pursuant to the order for support or is at least 30 days late
26 in complying with all or part of the order for support,
27 whichever occurs first, the obligee or public office may
28 prepare and serve a verified notice of delinquency, together
29 with a form petition to stay service, pursuant to paragraph
30 (3) of this subsection.
31 (2) The notice of delinquency shall recite the terms of
32 the order for support and contain a computation of the period
33 and total amount of the delinquency, as of the date of the
34 notice. The notice shall clearly state that it will be sent
-108- LRB9004624DJbd
1 to the payor, together with a specially certified copy of the
2 order for withholding, except as provided in subsection (F),
3 unless the obligor files a petition to stay service in
4 accordance with paragraph (1) of subsection (D).
5 (3) The notice of delinquency shall be served by
6 ordinary mail addressed to the obligor at his or her last
7 known address.
8 (4) The obligor may execute a written waiver of the
9 provisions of paragraphs (1) through (3) of this subsection
10 and request immediate service upon the payor.
11 (D) Procedures to Avoid Income Withholding.
12 (1) Except as provided in subsection (F), the obligor
13 may prevent an order for withholding from being served by
14 filing a petition to stay service with the Clerk of the
15 Circuit Court, within 20 days after service of the notice of
16 delinquency; however, the grounds for the petition to stay
17 service shall be limited to:
18 (a) A dispute concerning the amount of current
19 support or the existence or amount of the delinquency;
20 (b) The identity of the obligor.
21 The Clerk of the Circuit Court shall notify the obligor
22 and the obligee or public office, as appropriate, of the time
23 and place of the hearing on the petition to stay service. The
24 court shall hold such hearing pursuant to the provisions of
25 subsection (H).
26 (2) Except as provided in subsection (F), filing of a
27 petition to stay service, within the 20-day period required
28 under this subsection, shall prohibit the obligee or public
29 office from serving the order for withholding on any payor of
30 the obligor.
31 (E) Initial Service of Order for Withholding.
32 (1) Except as provided in subsection (F), in order to
33 serve an order for withholding upon a payor, an obligee or
-109- LRB9004624DJbd
1 public office shall follow the procedures set forth in this
2 subsection. After 20 days following service of the notice of
3 delinquency, the obligee or public office shall file with the
4 Clerk of the Circuit Court an affidavit, with the copy of the
5 notice of delinquency attached thereto, stating:
6 (a) that the notice of delinquency has been duly
7 served and the date on which service was effected; and
8 (b) that the obligor has not filed a petition to
9 stay service, or in the alternative
10 (c) that the obligor has waived the provisions of
11 subparagraphs (a) and (b) of this paragraph (1) in
12 accordance with subsection (C)(4).
13 (2) Upon request of the obligee or public office, the
14 Clerk of the Circuit Court shall: (a) make available any
15 record of payment; and (b) determine that the file contains a
16 copy of the affidavit described in paragraph (1). The Clerk
17 shall then provide to the obligee or public office a
18 specially certified copy of the order for withholding and the
19 notice of delinquency indicating that the preconditions for
20 service have been met.
21 (3) The obligee or public office may then serve the
22 notice of delinquency and 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 (F) Subsequent Service of Order for Withholding.
27 (1) Notwithstanding the provisions of this Section, at
28 any time after the court has ordered immediate service of an
29 order for withholding or after initial service of an order
30 for withholding pursuant to subsection (E), the obligee or
31 public office may serve the order for withholding upon any
32 payor of the obligor without further notice to the obligor.
33 The obligee or public office shall provide notice to the
34 payor, pursuant to paragraph (6) of subsection (I), of any
-110- LRB9004624DJbd
1 payments that have been made through previous withholding or
2 any other method.
3 (2) The Clerk of the Circuit Court shall, upon request,
4 provide the obligee or public office with specially certified
5 copies of the order for withholding or the notice of
6 delinquency or both whenever the Court has ordered immediate
7 service of an order for withholding or an affidavit has been
8 placed in the court file indicating that the preconditions
9 for service have been previously met. The obligee or public
10 office may then serve the order for withholding on the payor,
11 its superintendent, manager or other agent by certified mail
12 or personal delivery. A proof of service shall be filed with
13 the Clerk of the Circuit Court.
14 (3) If a delinquency has accrued for any reason, the
15 obligee or public office may serve a notice of delinquency
16 upon the obligor pursuant to subsection (C). The obligor may
17 prevent the notice of delinquency from being served upon the
18 payor by utilizing the procedures set forth in subsection
19 (D). If no petition to stay service has been filed within the
20 required 20 day time period, the obligee or public office may
21 serve the notice of delinquency on the payor by utilizing the
22 procedures for service set forth in subsection (E).
23 (G) Duties of Payor.
24 (1) It shall be the duty of any payor who has been
25 served with a copy of the specially certified order for
26 withholding and any notice of delinquency to deduct and pay
27 over income as provided in this subsection. The payor shall
28 deduct the amount designated in the order for withholding, as
29 supplemented by the notice of delinquency and any notice
30 provided pursuant to paragraph (6) of subsection (I),
31 beginning no later than the next payment of income which is
32 payable to the obligor that occurs 14 days following the date
33 the order and any notice were mailed by certified mail or
34 placed for personal delivery. The payor may combine all
-111- LRB9004624DJbd
1 amounts withheld for the benefit of an obligee or public
2 office into a single payment and transmit the payment with a
3 listing of obligors from whom withholding has been effected.
4 The payor shall pay the amount withheld to the obligee or
5 public office within 10 calendar days of the date income is
6 paid to the obligor in accordance with the order for
7 withholding and any subsequent notification received from the
8 public office redirecting payments. If the payor knowingly
9 fails to pay any amount withheld to the obligee or public
10 office within 10 calendar days of the date income is paid to
11 the obligor, the payor shall pay a penalty of $100 for each
12 day that the withheld amount is not paid to the obligee or
13 public office after the period of 10 calendar days has
14 expired. The failure of a payor, on more than one occasion,
15 to pay amounts withheld to the obligee or public office
16 within 10 calendar days of the date income is not paid to the
17 obligor creates a presumption that the payor knowingly failed
18 to pay the amounts. This penalty may be collected in a civil
19 action which may be brought against the payor in favor of the
20 obligee. For purposes of this Section, a withheld amount
21 shall be considered paid by a payor on the date it is mailed
22 by the payor, or on the date an electronic funds transfer of
23 the amount has been initiated by the payor, or on the date
24 delivery of the amount has been initiated by the payor. For
25 each deduction, the payor shall provide the obligee or public
26 office, at the time of transmittal, with the date income was
27 paid from which support was withheld.
28 Upon receipt of an order requiring that a minor child be
29 named as a beneficiary of a health insurance plan available
30 through an employer or labor union or trade union, the
31 employer or labor union or trade union shall immediately
32 enroll the minor child as a beneficiary in the health
33 insurance plan designated by the court order. The employer
34 shall withhold any required premiums and pay over any amounts
-112- LRB9004624DJbd
1 so withheld and any additional amounts the employer pays to
2 the insurance carrier in a timely manner. The employer or
3 labor union or trade union shall mail to the obligee, within
4 15 days of enrollment or upon request, notice of the date of
5 coverage, information on the dependent coverage plan, and all
6 forms necessary to obtain reimbursement for covered health
7 expenses, such as would be made available to a new employee.
8 When an order for dependent coverage is in effect and the
9 insurance coverage is terminated or changed for any reason,
10 the employer or labor union or trade union shall notify the
11 obligee within 10 days of the termination or change date
12 along with notice of conversion privileges.
13 For withholding of income, the payor shall be entitled to
14 receive a fee not to exceed $5 per month to be taken from the
15 income to be paid to the obligor.
16 (2) Whenever the obligor is no longer receiving income
17 from the payor, the payor shall return a copy of the order
18 for withholding to the obligee or public office and shall
19 provide information for the purpose of enforcing this
20 Section.
21 (3) Withholding of income under this Section shall be
22 made without regard to any prior or subsequent garnishments,
23 attachments, wage assignments, or any other claims of
24 creditors. Withholding of income under this Section shall
25 not be in excess of the maximum amounts permitted under the
26 federal Consumer Credit Protection Act. If the payor has been
27 served with more than one order for withholding pertaining to
28 the same obligor, the payor shall allocate income available
29 for withholding on a proportionate share basis, giving
30 priority to current support payments. If there is any income
31 available for withholding after withholding for all current
32 support obligations, the payor shall allocate the income to
33 past due support payments ordered in non-AFDC matters and
34 then to past due support payments ordered in AFDC matters,
-113- LRB9004624DJbd
1 both on a proportionate share basis. Payment as required by
2 the order for withholding shall be a complete defense by the
3 payor against any claims of the obligor or his creditors as
4 to the sum so paid.
5 (4) No payor shall discharge, discipline, refuse to hire
6 or otherwise penalize any obligor because of the duty to
7 withhold income.
8 (H) Petitions to Stay Service or to Modify, Suspend or
9 Terminate Orders for Withholding.
10 (1) When an obligor files a petition to stay service,
11 the court, after due notice to all parties, shall hear the
12 matter as soon as practicable and shall enter an order
13 granting or denying relief, amending the notice of
14 delinquency, amending the order for withholding, where
15 applicable, or otherwise resolving the matter. If the court
16 finds that a delinquency existed when the notice of
17 delinquency was served upon the obligor, in an amount of at
18 least one month's support obligation, or that the obligor was
19 at least 30 days late in paying all or part of the order for
20 support, the court shall order immediate service of the order
21 for withholding. Where the court cannot promptly resolve any
22 dispute over the amount of the delinquency, the court may
23 order immediate service of the order for withholding as to
24 any undisputed amounts specified in an amended notice of
25 delinquency, and may continue the hearing on the disputed
26 amounts.
27 (2) At any time, an obligor, obligee, public office or
28 Clerk of the Circuit Court may petition the court to:
29 (a) Modify, suspend or terminate the order for
30 withholding because of a modification, suspension or
31 termination of the underlying order for support; or
32 (b) Modify the amount of income to be withheld to
33 reflect payment in full or in part of the delinquency or
34 arrearage by income withholding or otherwise; or
-114- LRB9004624DJbd
1 (c) Suspend the order for withholding because of
2 inability to deliver income withheld to the obligee due
3 to the obligee's failure to provide a mailing address or
4 other means of delivery.
5 (3) The obligor, obligee or public office shall serve on
6 the payor, by certified mail or personal delivery, a copy of
7 any order entered pursuant to this subsection that affects
8 the duties of the payor.
9 (4) At any time, a public office or Clerk of the Circuit
10 Court may serve a notice on the payor to:
11 (a) cease withholding of income for payment of
12 current support for a child when the support obligation
13 for that child has automatically ceased under the order
14 for support through emancipation or otherwise; or
15 (b) cease withholding of income for payment of
16 delinquency or arrearage when the delinquency or
17 arrearage has been paid in full.
18 (5) The notice provided for under paragraph (4) of this
19 subsection shall be served on the payor by ordinary mail, and
20 a copy shall be provided to the obligor and the obligee. A
21 copy of the notice shall be filed with the Clerk of the
22 Circuit Court.
23 (6) The order for withholding shall continue to be
24 binding upon the payor until service of any order of the
25 court or notice entered or provided for under this
26 subsection.
27 (I) Additional Duties.
28 (1) An obligee who is receiving income withholding
29 payments under this Section shall notify the payor, if the
30 obligee receives the payments directly from the payor, or the
31 public office or the Clerk of the Circuit Court, as
32 appropriate, of any change of address within 7 days of such
33 change.
34 (2) An obligee who is a recipient of public aid shall
-115- LRB9004624DJbd
1 send a copy of any notice of delinquency filed pursuant to
2 subsection (C) to the Bureau of Child Support of the Illinois
3 Department of Public Aid.
4 (3) Each obligor shall notify the obligee and the Clerk
5 of the Circuit Court of any change of address within 7 days.
6 (4) An obligor whose income is being withheld or who has
7 been served with a notice of delinquency pursuant to this
8 Section shall notify the obligee and the Clerk of the Circuit
9 Court of any new payor, within 7 days.
10 (5) When the Illinois Department of Public Aid is no
11 longer authorized to receive payments for the obligee, it
12 shall, within 7 days, notify the payor or, where appropriate,
13 the Clerk of the Circuit Court, to redirect income
14 withholding payments to the obligee.
15 (6) The obligee or public office shall provide notice to
16 the payor and Clerk of the Circuit Court of any other support
17 payment made, including but not limited to, a set-off under
18 federal and State law or partial payment of the delinquency
19 or arrearage, or both.
20 (7) Any public office and Clerk of the Circuit Court
21 which collects, disburses or receives payments pursuant to
22 orders for withholding shall maintain complete, accurate, and
23 clear records of all payments and their disbursements.
24 Certified copies of payment records maintained by a public
25 office or Clerk of the Circuit Court shall, without further
26 proof, be admitted into evidence in any legal proceedings
27 under this Section.
28 (8) The Illinois Department of Public Aid (before the
29 effective date of this amendatory Act of 1997) or the
30 Attorney General (on and after that date) shall design
31 suggested legal forms for proceeding under this Section and
32 shall make available to the courts such forms and
33 informational materials which describe the procedures and
34 remedies set forth herein for distribution to all parties in
-116- LRB9004624DJbd
1 support actions.
2 (9) At the time of transmitting each support payment,
3 the clerk of the circuit court shall provide the obligee or
4 public office, as appropriate, with any information furnished
5 by the payor as to the date income was paid from which such
6 support was withheld.
7 (J) Penalties.
8 (1) Where a payor wilfully fails to withhold or pay over
9 income pursuant to a properly served, specially certified
10 order for withholding and any notice of delinquency, or
11 wilfully discharges, disciplines, refuses to hire or
12 otherwise penalizes an obligor as prohibited by subsection
13 (G), or otherwise fails to comply with any duties imposed by
14 this Section, the obligee, public office or obligor, as
15 appropriate, may file a complaint with the court against the
16 payor. The clerk of the circuit court shall notify the
17 obligee or public office, as appropriate, and the obligor and
18 payor of the time and place of the hearing on the complaint.
19 The court shall resolve any factual dispute including, but
20 not limited to, a denial that the payor is paying or has paid
21 income to the obligor. Upon a finding in favor of the
22 complaining party, the court:
23 (a) Shall enter judgment and direct the enforcement
24 thereof for the total amount that the payor wilfully
25 failed to withhold or pay over; and
26 (b) May order employment or reinstatement of or
27 restitution to the obligor, or both, where the obligor
28 has been discharged, disciplined, denied employment or
29 otherwise penalized by the payor and may impose a fine
30 upon the payor not to exceed $200.
31 (2) Any obligee, public office or obligor who wilfully
32 initiates a false proceeding under this Section or who
33 wilfully fails to comply with the requirements of this
34 Section shall be punished as in cases of contempt of court.
-117- LRB9004624DJbd
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
-118- LRB9004624DJbd
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.
-119- LRB9004624DJbd
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. 706.1. 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.
-120- LRB9004624DJbd
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.
-121- LRB9004624DJbd
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 Public
7 Aid, the Illinois Department of Human Services, the Illinois
8 Department of Children and Family Services, and the various
9 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
-122- LRB9004624DJbd
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
19 applicable, 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".
-123- LRB9004624DJbd
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
-124- LRB9004624DJbd
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.
-125- LRB9004624DJbd
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:
30 (a) A dispute concerning the amount of current
31 support or the existence or amount of the delinquency;
32 (b) The identity of the obligor.
33 The Clerk of the Circuit Court shall notify the obligor
34 and the obligee or public office, as appropriate, of the time
-126- LRB9004624DJbd
1 and place of the hearing on the petition to stay service. The
2 court shall hold such hearing pursuant to the provisions of
3 subsection (H).
4 (2) Except as provided in subsection (F), filing of a
5 petition to stay service, within the 20-day period required
6 under this subsection, shall prohibit the obligee or public
7 office from serving the order for withholding on any payor of
8 the obligor.
9 (E) Initial Service of Order for Withholding.
10 (1) Except as provided in subsection (F), in order to
11 serve an order for withholding upon a payor, an obligee or
12 public office shall follow the procedures set forth in this
13 subsection. After 20 days following service of the notice of
14 delinquency, the obligee or public office shall file with the
15 Clerk of the Circuit Court an affidavit, with the copy of the
16 notice of delinquency attached thereto, stating:
17 (a) that the notice of delinquency has been duly
18 served and the date on which service was effected; and
19 (b) that the obligor has not filed a petition to
20 stay service, or in the alternative
21 (c) that the obligor has waived the provisions of
22 subparagraphs (a) and (b) of this paragraph (1) in
23 accordance with subsection (C)(4).
24 (2) Upon request of the obligee or public office, the
25 Clerk of the Circuit Court shall: (a) make available any
26 record of payment; and (b) determine that the file contains a
27 copy of the affidavit described in paragraph (1). The Clerk
28 shall then provide to the obligee or public office a
29 specially certified copy of the order for withholding and the
30 notice of delinquency indicating that the preconditions for
31 service have been met.
32 (3) The obligee or public office may then serve the
33 notice of delinquency and order for withholding on the payor,
34 its superintendent, manager or other agent, by certified mail
-127- LRB9004624DJbd
1 or personal delivery. A proof of service shall be filed with
2 the Clerk of the Circuit Court.
3 (F) Subsequent Service of Order for Withholding.
4 (1) Notwithstanding the provisions of this Section, at
5 any time after the court has ordered immediate service of an
6 order for withholding or after initial service of an order
7 for withholding pursuant to subsection (E), the obligee or
8 public office may serve the order for withholding upon any
9 payor of the obligor without further notice to the obligor.
10 The obligee or public office shall provide notice to the
11 payor, pursuant to paragraph (6) of subsection (I), of any
12 payments that have been made through previous withholding or
13 any other method.
14 (2) The Clerk of the Circuit Court shall, upon request,
15 provide the obligee or public office with specially certified
16 copies of the order for withholding or the notice of
17 delinquency or both whenever the Court has ordered immediate
18 service of an order for withholding or an affidavit has been
19 placed in the court file indicating that the preconditions
20 for service have been previously met. The obligee or public
21 office may then serve the order for withholding on the payor,
22 its superintendent, manager or other agent by certified mail
23 or personal delivery. A proof of service shall be filed with
24 the Clerk of the Circuit Court.
25 (3) If a delinquency has accrued for any reason, the
26 obligee or public office may serve a notice of delinquency
27 upon the obligor pursuant to subsection (C). The obligor may
28 prevent the notice of delinquency from being served upon the
29 payor by utilizing the procedures set forth in subsection
30 (D). If no petition to stay service has been filed within the
31 required 20 day time period, the obligee or public office may
32 serve the notice of delinquency on the payor by utilizing the
33 procedures for service set forth in subsection (E).
-128- LRB9004624DJbd
1 (G) Duties of Payor.
2 (1) It shall be the duty of any payor who has been
3 served with a copy of the specially certified order for
4 withholding and any notice of delinquency to deduct and pay
5 over income as provided in this subsection. The payor shall
6 deduct the amount designated in the order for withholding, as
7 supplemented by the notice of delinquency and any notice
8 provided pursuant to paragraph (6) of subsection (I),
9 beginning no later than the next payment of income which is
10 payable to the obligor that occurs 14 days following the date
11 the order and any notice were mailed by certified mail or
12 placed for personal delivery. The payor may combine all
13 amounts withheld for the benefit of an obligee or public
14 office into a single payment and transmit the payment with a
15 listing of obligors from whom withholding has been effected.
16 The payor shall pay the amount withheld to the obligee or
17 public office within 10 calendar days of the date income is
18 paid to the obligor in accordance with the order for
19 withholding and any subsequent notification received from the
20 public office redirecting payments. If the payor knowingly
21 fails to pay any amount withheld to the obligee or public
22 office within 10 calendar days of the date income is paid to
23 the obligor, the payor shall pay a penalty of $100 for each
24 day that the withheld amount is not paid to the obligee or
25 public office after the period of 10 calendar days has
26 expired. The failure of a payor, on more than one occasion,
27 to pay amounts withheld to the obligee or public office
28 within 10 calendar days of the date income is not paid to the
29 obligor creates a presumption that the payor knowingly failed
30 to pay the amounts. This penalty may be collected in a civil
31 action which may be brought against the payor in favor of the
32 obligee. For purposes of this Section, a withheld amount
33 shall be considered paid by a payor on the date it is mailed
34 by the payor, or on the date an electronic funds transfer of
-129- LRB9004624DJbd
1 the amount has been initiated by the payor, or on the date
2 delivery of the amount has been initiated by the payor. For
3 each deduction, the payor shall provide the obligee or public
4 office, at the time of transmittal, with the date income was
5 paid from which support was withheld.
6 Upon receipt of an order requiring that a minor child be
7 named as a beneficiary of a health insurance plan available
8 through an employer or labor union or trade union, the
9 employer or labor union or trade union shall immediately
10 enroll the minor child as a beneficiary in the health
11 insurance plan designated by the court order. The employer
12 shall withhold any required premiums and pay over any amounts
13 so withheld and any additional amounts the employer pays to
14 the insurance carrier in a timely manner. The employer or
15 labor union or trade union shall mail to the obligee, within
16 15 days of enrollment or upon request, notice of the date of
17 coverage, information on the dependent coverage plan, and all
18 forms necessary to obtain reimbursement for covered health
19 expenses, such as would be made available to a new employee.
20 When an order for dependent coverage is in effect and the
21 insurance coverage is terminated or changed for any reason,
22 the employer or labor union or trade union shall notify the
23 obligee within 10 days of the termination or change date
24 along with notice of conversion privileges.
25 For withholding of income, the payor shall be entitled to
26 receive a fee not to exceed $5 per month to be taken from the
27 income to be paid to the obligor.
28 (2) Whenever the obligor is no longer receiving income
29 from the payor, the payor shall return a copy of the order
30 for withholding to the obligee or public office and shall
31 provide information for the purpose of enforcing this
32 Section.
33 (3) Withholding of income under this Section shall be
34 made without regard to any prior or subsequent garnishments,
-130- LRB9004624DJbd
1 attachments, wage assignments, or any other claims of
2 creditors. Withholding of income under this Section shall
3 not be in excess of the maximum amounts permitted under the
4 federal Consumer Credit Protection Act. If the payor has been
5 served with more than one order for withholding pertaining to
6 the same obligor, the payor shall allocate income available
7 for withholding on a proportionate share basis, giving
8 priority to current support payments. If there is any income
9 available for withholding after withholding for all current
10 support obligations, the payor shall allocate the income to
11 past due support payments ordered in non-AFDC matters and
12 then to past due support payments ordered in AFDC matters,
13 both on a proportionate share basis. Payment as required by
14 the order for withholding shall be a complete defense by the
15 payor against any claims of the obligor or his creditors as
16 to the sum so paid.
17 (4) No payor shall discharge, discipline, refuse to hire
18 or otherwise penalize any obligor because of the duty to
19 withhold income.
20 (H) Petitions to Stay Service or to Modify, Suspend or
21 Terminate Orders for Withholding.
22 (1) When an obligor files a petition to stay service,
23 the court, after due notice to all parties, shall hear the
24 matter as soon as practicable and shall enter an order
25 granting or denying relief, amending the notice of
26 delinquency, amending the order for withholding, where
27 applicable, or otherwise resolving the matter. If the court
28 finds that a delinquency existed when the notice of
29 delinquency was served upon the obligor, in an amount of at
30 least one month's support obligation, or that the obligor was
31 at least 30 days late in paying all or part of the order for
32 support, the court shall order immediate service of the order
33 for withholding. Where the court cannot promptly resolve any
34 dispute over the amount of the delinquency, the court may
-131- LRB9004624DJbd
1 order immediate service of the order for withholding as to
2 any undisputed amounts specified in an amended notice of
3 delinquency, and may continue the hearing on the disputed
4 amounts.
5 (2) At any time, an obligor, obligee, public office or
6 Clerk of the Circuit Court may petition the court to:
7 (a) Modify, suspend or terminate the order for
8 withholding because of a modification, suspension or
9 termination of the underlying order for support; or
10 (b) Modify the amount of income to be withheld to
11 reflect payment in full or in part of the delinquency or
12 arrearage by income withholding or otherwise; or
13 (c) Suspend the order for withholding because of
14 inability to deliver income withheld to the obligee due
15 to the obligee's failure to provide a mailing address or
16 other means of delivery.
17 (3) The obligor, obligee or public office shall serve on
18 the payor, by certified mail or personal delivery, a copy of
19 any order entered pursuant to this subsection that affects
20 the duties of the payor.
21 (4) At any time, a public office or Clerk of the Circuit
22 Court may serve a notice on the payor to:
23 (a) cease withholding of income for payment of
24 current support for a child when the support obligation
25 for that child has automatically ceased under the order
26 for support through emancipation or otherwise; or
27 (b) cease withholding of income for payment of
28 delinquency or arrearage when the delinquency or
29 arrearage has been paid in full.
30 (5) The notice provided for under paragraph (4) of this
31 subsection shall be served on the payor by ordinary mail, and
32 a copy shall be provided to the obligor and the obligee. A
33 copy of the notice shall be filed with the Clerk of the
34 Circuit Court.
-132- LRB9004624DJbd
1 (6) The order for withholding shall continue to be
2 binding upon the payor until service of any order of the
3 court or notice entered or provided for under this
4 subsection.
5 (I) Additional Duties.
6 (1) An obligee who is receiving income withholding
7 payments under this Section shall notify the payor, if the
8 obligee receives the payments directly from the payor, or the
9 public office or the Clerk of the Circuit Court, as
10 appropriate, of any change of address within 7 days of such
11 change.
12 (2) An obligee who is a recipient of public aid shall
13 send a copy of any notice of delinquency filed pursuant to
14 subsection (C) to the Bureau of Child Support of the Illinois
15 Department of Public Aid.
16 (3) Each obligor shall notify the obligee and the Clerk
17 of the Circuit Court of any change of address within 7 days.
18 (4) An obligor whose income is being withheld or who has
19 been served with a notice of delinquency pursuant to this
20 Section shall notify the obligee and the Clerk of the Circuit
21 Court of any new payor, within 7 days.
22 (5) When the Illinois Department of Public Aid is no
23 longer authorized to receive payments for the obligee, it
24 shall, within 7 days, notify the payor or, where appropriate,
25 the Clerk of the Circuit Court, to redirect income
26 withholding payments to the obligee.
27 (6) The obligee or public office shall provide notice to
28 the payor and Clerk of the Circuit Court of any other support
29 payment made, including but not limited to, a set-off under
30 federal and State law or partial payment of the delinquency
31 or arrearage, or both.
32 (7) Any public office and Clerk of the Circuit Court
33 which collects, disburses or receives payments pursuant to
34 orders for withholding shall maintain complete, accurate, and
-133- LRB9004624DJbd
1 clear records of all payments and their disbursements.
2 Certified copies of payment records maintained by a public
3 office or Clerk of the Circuit Court shall, without further
4 proof, be admitted into evidence in any legal proceedings
5 under this Section.
6 (8) The Illinois Department of Public Aid (before the
7 effective date of this amendatory Act of 1997) or the
8 Attorney General (on and after that date) shall design
9 suggested legal forms for proceeding under this Section and
10 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:
-134- LRB9004624DJbd
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
-135- LRB9004624DJbd
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
-136- LRB9004624DJbd
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 5/709) (from Ch. 40, par. 709)
33 Sec. 709. Mandatory child support payments to clerk.
-137- LRB9004624DJbd
1 (a) As of January 1, 1982, child support orders entered
2 in any county covered by this subsection shall be made
3 pursuant to the provisions of Sections 709 through 712 of
4 this Act. For purposes of these Sections, the term "child
5 support payment" or "payment" shall include any payment
6 ordered to be made solely for the purpose of the support of a
7 child or children or any payment ordered for general support
8 which includes any amount for support of any child or
9 children.
10 The provisions of Sections 709 through 712 shall be
11 applicable to any county with a population of 2 million or
12 more and to any other county which notifies the Supreme Court
13 of its desire to be included within the coverage of these
14 Sections and is certified pursuant to Supreme Court Rules.
15 The effective date of inclusion, however, shall be
16 subject to approval of the application for reimbursement of
17 the costs of the support program by the Department of Public
18 Aid (before the effective date of this amendatory Act of
19 1997) or the Attorney General (on and after that date) as
20 provided in Section 712.
21 (b) In any proceeding for a dissolution of marriage,
22 legal separation, or declaration of invalidity of marriage,
23 or in any supplementary proceedings in which a judgment or
24 modification thereof for the payment of child support is
25 entered on or after January 1, 1982, in any county covered by
26 Sections 709 through 712, and the person entitled to payment
27 is receiving a grant of financial aid under Article IV of the
28 Illinois Public Aid Code or has applied and qualified for
29 support services under Section 10-1 of that Code or under
30 Section 7.5 of the Attorney General Act, the court shall
31 direct: (1) that such payments be made to the clerk of the
32 court and (2) that the parties affected shall each thereafter
33 notify the clerk of any change of address or change in other
34 conditions that may affect the administration of the order,
-138- LRB9004624DJbd
1 including the fact that a party who was previously not on
2 public aid has become a recipient of public aid, within 10
3 days of such change. All notices sent to the obligor's last
4 known address on file with the clerk shall be deemed
5 sufficient to proceed with enforcement pursuant to the
6 provisions of Sections 709 through 712.
7 In all other cases, the court may direct that payments be
8 made to the clerk of the court.
9 (c) Except as provided in subsection (d) of this
10 Section, the clerk shall disburse the payments to the person
11 or persons entitled thereto under the terms of the order or
12 judgment.
13 (d) The court shall determine, prior to the entry of the
14 support order, if the party who is to receive the support is
15 presently receiving public aid or has a current application
16 for public aid pending and shall enter the finding on the
17 record.
18 If the person entitled to payment is a recipient of aid
19 under the Illinois Public Aid Code, the clerk, upon being
20 informed of this fact by finding of the court, by
21 notification by the party entitled to payment, by the
22 Illinois Department of Public Aid or by the local
23 governmental unit, shall make all payments to: (1) the
24 Illinois Department of Public Aid if the person is a
25 recipient under Article III, IV, or V of the Code or (2) the
26 local governmental unit responsible for his or her support if
27 the person is a recipient under Article VI or VII of the
28 Code. In accordance with federal law and regulations, the
29 Illinois Department of Public Aid may continue to collect
30 current maintenance payments or child support payments, or
31 both, after those persons cease to receive public assistance
32 and until termination of services under Article X of the
33 Illinois Public Aid Code or under Sections 7.1 through 7.250
34 of the Attorney General Act. The Illinois Department of
-139- LRB9004624DJbd
1 Public Aid shall pay the net amount collected to those
2 persons after deducting any costs incurred in making the
3 collection or any collection fee from the amount of any
4 recovery made. Upon termination of public aid payments to
5 such a recipient or termination of services under Article X
6 of the Illinois Public Aid Code or under Sections 7.1 through
7 7.250 of the Attorney General Act, the Illinois Department of
8 Public Aid, the Attorney General, or the appropriate local
9 governmental unit shall notify the clerk in writing or by
10 electronic transmission that all subsequent payments are to
11 be sent directly to the person entitled thereto.
12 Upon notification in writing or by electronic
13 transmission from the Illinois Department of Public Aid
14 (before the effective date of this amendatory Act of 1997) or
15 the Attorney General (on and after that date) to the clerk
16 of the court that a person who is receiving support payments
17 under this Section is receiving services under the Child
18 Support Enforcement Program established by Title IV-D of the
19 Social Security Act, any support payments subsequently
20 received by the clerk of the court shall be transmitted in
21 accordance with the instructions of the Illinois Department
22 of Public Aid or the Attorney General until the Department or
23 the Attorney General gives notice to the clerk of the court
24 to cease the transmittal. After providing the notification
25 authorized under this paragraph, the Illinois Department of
26 Public Aid (before the effective date of this amendatory Act
27 of 1997) or the Attorney General (on and after that date)
28 shall be entitled as a party to notice of any further
29 proceedings in the case. The clerk of the court shall file a
30 copy of the Illinois Department of Public Aid's or Attorney
31 General's notification in the court file. The failure of the
32 clerk to file a copy of the notification in the court file
33 shall not, however, affect the Illinois Department of Public
34 Aid's or Attorney General's right to receive notice of
-140- LRB9004624DJbd
1 further proceedings.
2 Payments under this Section to the Illinois Department of
3 Public Aid or the Attorney General pursuant to the Child
4 Support Enforcement Program established by Title IV-D of the
5 Social Security Act shall be paid into the Child Support
6 Enforcement Trust Fund. All other payments under this Section
7 to the Illinois Department of Public Aid shall be deposited
8 in the Public Assistance Recoveries Trust Fund. Disbursements
9 from these funds shall be as provided in the Illinois Public
10 Aid Code. Payments received by a local governmental unit
11 shall be deposited in that unit's General Assistance Fund.
12 (e) Any order or judgment may be amended by the court,
13 upon its own motion or upon the motion of either party, to
14 conform with the provisions of Sections 709 through 712,
15 either as to the requirement of making payments to the clerk
16 or, where payments are already being made to the clerk, as to
17 the statutory fees provided for under Section 711.
18 (f) The clerk may invest in any interest bearing account
19 or in any securities, monies collected for the benefit of a
20 payee, where such payee cannot be found; however, the
21 investment may be only for the period until the clerk is able
22 to locate and present the payee with such monies. The clerk
23 may invest in any interest bearing account, or in any
24 securities, monies collected for the benefit of any other
25 payee; however, this does not alter the clerk's obligation to
26 make payments to the payee in a timely manner. Any interest
27 or capital gains accrued shall be for the benefit of the
28 county and shall be paid into the special fund established in
29 subsection (b) of Section 711.
30 (g) The clerk shall establish and maintain a payment
31 record of all monies received and disbursed and such record
32 shall constitute prima facie evidence of such payment and
33 non-payment, as the case may be.
34 (h) For those cases in which child support is payable to
-141- LRB9004624DJbd
1 the clerk of the circuit court for transmittal to the
2 Illinois Department of Public Aid by order of court or upon
3 notification by the Illinois Department of Public Aid or the
4 Attorney General, the clerk shall transmit all such payments,
5 within 4 working days of receipt, to ensure insure that funds
6 are available for immediate distribution by the Department to
7 the person or entity entitled thereto in accordance with
8 standards of the Child Support Enforcement Program
9 established under Title IV-D of the Social Security Act. The
10 clerk shall notify the Department of the date of receipt and
11 amount thereof at the time of transmittal. Where the clerk
12 has entered into an agreement of cooperation with the
13 Department to record the terms of child support orders and
14 payments made thereunder directly into the Department's
15 automated data processing system, the clerk shall account
16 for, transmit and otherwise distribute child support payments
17 in accordance with such agreement in lieu of the requirements
18 contained herein.
19 (Source: P.A. 87-1252; 88-687, eff. 1-24-95.)
20 (750 ILCS 5/712) (from Ch. 40, par. 712)
21 Sec. 712. (a) The Supreme Court may make Rules
22 concerning the certification of counties for inclusion in the
23 child support enforcement program and the application of the
24 procedures created by Sections 709 through 712 in the various
25 counties.
26 The Supreme Court shall inform each circuit court and
27 clerk of the court of the availability of the program to
28 reimburse counties desiring to participate in the program of
29 enforcement of child support payments.
30 The Supreme Court shall also distribute to each circuit
31 court and clerk of the court any materials prepared by the
32 Child and Spouse Support Unit comparing child support
33 enforcement in counties included and not included in this
-142- LRB9004624DJbd
1 program.
2 (b) Before the effective date of this amendatory Act of
3 1997, the Illinois Department of Public Aid, through the
4 Child and Spouse Support Unit provided for by Section 10-3.1
5 of The Illinois Public Aid Code, shall have general
6 supervision of the child support programs created by Sections
7 709 through 712 and shall have the powers and duties provided
8 in this Section, including the following:
9 (1) to make advance payments to any county included in
10 the program for expenses in preparing programs to enforce
11 payment of child support to the clerk from appropriations
12 made for such purposes by the General Assembly;
13 (2) to make payments to each covered county to pay for
14 its reasonable expenses actually necessary to maintain a
15 continuing program not paid for by fees, penalties, or other
16 monies; provided that, with respect to that portion of the
17 program on behalf of dependent children included in a grant
18 of financial aid under Article IV of The Illinois Public Aid
19 Code the Unit shall pay only such expenses as is its current
20 practice or as it may deem appropriate; provided further that
21 the Unit shall only pay expenses of the entire program
22 subject to the availability of federal monies to pay the
23 majority of expenses of the entire child support enforcement
24 program; provided further that the Unit or Department may set
25 standards relating to enforcement which have to be met by any
26 county seeking to enter a contract with the Department for
27 reimbursement of expenses of the entire enforcement program
28 prior to an application for reimbursement being approved and
29 the contract granted; and provided further that such
30 standards may relate to, but are not limited to the following
31 factors: maintenance of the payment record, the definition of
32 delinquency; the period of time in which a delinquency must
33 be determined, the payor notified, the remittance received,
34 the referral to the state's attorney made, and the payment
-143- LRB9004624DJbd
1 remitted by the clerk to the payee or other party entitled to
2 the payment; the conditions under which referral will not be
3 made to the state's attorney; and the definitions and
4 procedures for other matters necessary for the conduct and
5 operation of the program;
6 (3) to monitor the various local programs for
7 enforcement of child support payments to the clerk;
8 (4) to act to encourage enforcement whenever local
9 enforcement procedures are inadequate;
10 (5) to receive monies from any source for assistance in
11 enforcement of child support; and
12 (6) to assist any county desirous of assistance in
13 establishing and maintaining a child support enforcement
14 program.
15 (b-5) On and after the effective date of this amendatory
16 Act of 1997, the Attorney General, through the Child and
17 Spouse Support Unit provided for by Section 7.20 of the
18 Attorney General Act, shall have general supervision of the
19 child support programs created by Sections 709 through 712
20 and shall have the powers and duties provided in this
21 Section, including those assigned to the Illinois Department
22 of Public Aid and its Child and Spouse Support Unit under
23 subsection (b).
24 (c) Any county may apply for financial assistance to the
25 Unit to initiate or maintain a program of child support
26 enforcement. Every county which desires such assistance
27 shall apply according to procedures established by the Unit.
28 In its application, it shall state the following: financial
29 needs, personnel requirements, anticipated caseloads, any
30 amounts collected or anticipated in fees or penalties, and
31 any other information required by the Unit.
32 (d) In the case that any advance money is given to any
33 county under this Section to initiate an enforcement system,
34 the county shall reimburse the state within 2 years from the
-144- LRB9004624DJbd
1 date such monies are given to it. The Unit may establish an
2 appropriate schedule of reimbursement for any county.
3 (e) In the event of the unavailability of federal monies
4 to pay for the greater part of the costs to a county of the
5 child support enforcement program under Sections 709 through
6 712 and the resulting cessation of state participation, the
7 operation of the child support enforcement program under
8 Sections 709 through 712 shall terminate. The date and the
9 method of termination shall be determined by Supreme Court
10 Rule.
11 (Source: P.A. 84-1395.)
12 Section 55. The Non-Support of Spouse and Children Act
13 is amended by changing Sections 2.1, 3, 4, 4.1, 11, and 12 as
14 follows:
15 (750 ILCS 15/2.1) (from Ch. 40, par. 1105)
16 Sec. 2.1. Support payments; receiving and disbursing
17 agents.
18 (1) In actions instituted under this Act on and after
19 August 14, 1961, involving a minor child or children, the
20 Court, except in actions instituted on or after August 26,
21 1969, in which the support payments are in behalf of a
22 recipient of aid under the Illinois Public Aid Code, shall
23 direct that moneys ordered to be paid for support under
24 Sections 3 and 4 of this Act shall be paid to the clerk of
25 the court in counties of less than 3 million population, and
26 in counties of 3 million or more population, to the clerk or
27 probation officer of the court or to the Court Service
28 Division of the County Department of Public Aid. After the
29 effective date of this amendatory Act of 1975, the court
30 shall direct that such support moneys be paid to the clerk or
31 probation officer or the Illinois Department of Public Aid.
32 However, the court in its discretion may direct otherwise
-145- LRB9004624DJbd
1 where exceptional circumstances so warrant. If payment is to
2 be made to persons other than the clerk or probation officer,
3 the Court Service Division of the County Department of Public
4 Aid, or the Illinois Department of Public Aid, the judgment
5 or order of support shall set forth the facts of the
6 exceptional circumstances.
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 or under
21 Sections 7.1 through 7.250 of the Attorney General Act. The
22 Illinois Department of Public Aid shall pay the net amount
23 collected to those persons after deducting any costs incurred
24 in making the collection or any collection fee from the
25 amount of any recovery made. The order shall permit the
26 Illinois Department of Public Aid, the Attorney General, or
27 the local governmental unit, as the case may be, to direct
28 that support payments be made directly to the spouse,
29 children, or both, or to some person or agency in their
30 behalf, upon removal of the spouse or children from the
31 public aid rolls or upon termination of services under
32 Article X of the Illinois Public Aid Code or under Sections
33 7.1 through 7.250 of the Attorney General Act; and upon such
34 direction, the Illinois Department or the local governmental
-146- LRB9004624DJbd
1 unit, as the case requires, shall give notice of such action
2 to the court in writing or by electronic transmission.
3 (3) The clerks, probation officers, and the Court
4 Service Division of the County Department of Public Aid in
5 counties of 3 million or more population, and, after the
6 effective date of this amendatory Act of 1975, the clerks,
7 probation officers, and the Illinois Department of Public
8 Aid, shall disburse moneys paid to them to the person or
9 persons entitled thereto under the order of the Court. They
10 shall establish and maintain current records of all moneys
11 received and disbursed and of delinquencies and defaults in
12 required payments. The Court, by order or rule, shall make
13 provision for the carrying out of these duties.
14 Upon notification in writing or by electronic
15 transmission from the Illinois Department of Public Aid
16 (before the effective date of this amendatory Act of 1997) or
17 the Attorney General (on and after that date) to the clerk
18 of the court that a person who is receiving support payments
19 under this Section is receiving services under the Child
20 Support Enforcement Program established by Title IV-D of the
21 Social Security Act, any support payments subsequently
22 received by the clerk of the court shall be transmitted in
23 accordance with the instructions of the Illinois Department
24 of Public Aid or the Attorney General until the Department or
25 the Attorney General gives notice to the clerk of the court
26 to cease the transmittal. After providing the notification
27 authorized under this paragraph, the Illinois Department of
28 Public Aid (before the effective date of this amendatory Act
29 of 1997) or the Attorney General (on and after that date)
30 shall be entitled as a party to notice of any further
31 proceedings in the case. The clerk of the court shall file a
32 copy of the Illinois Department of Public Aid's or Attorney
33 General's notification in the court file. The failure of the
34 clerk to file a copy of the notification in the court file
-147- LRB9004624DJbd
1 shall not, however, affect the Illinois Department of Public
2 Aid's or Attorney General's right to receive notice of
3 further proceedings.
4 (4) Payments under this Section to the Illinois
5 Department of Public Aid or the Attorney General pursuant to
6 the Child Support Enforcement Program established by Title
7 IV-D of the Social Security Act shall be paid into the Child
8 Support Enforcement Trust Fund. All other payments under this
9 Section to the Illinois Department of Public Aid shall be
10 deposited in the Public Assistance Recoveries Trust Fund.
11 Disbursements from these funds shall be as provided in the
12 Illinois Public Aid Code. Payments received by a local
13 governmental unit shall be deposited in that unit's General
14 Assistance Fund.
15 (5) Orders and assignments entered or executed prior to
16 the Act approved August 14, 1961 shall not be affected
17 thereby. Employers served with wage assignments executed
18 prior to that date shall comply with the terms thereof.
19 However, the Court, on petition of the state's attorney, or
20 of the Illinois Department of Public Aid or local
21 governmental unit in respect to recipients of public aid, may
22 order the execution of new assignments and enter new orders
23 designating the clerk, probation officer, or the Illinois
24 Department of Public Aid or appropriate local governmental
25 unit in respect to payments in behalf of recipients of public
26 aid, as the person or agency authorized to receive and
27 disburse the salary or wages assigned. On like petition the
28 Court may enter new orders designating such officers,
29 agencies or governmental units to receive and disburse the
30 payments ordered under Section 4.
31 (6) For those cases in which child support is payable to
32 the clerk of the circuit court for transmittal to the
33 Illinois Department of Public Aid by order of court or upon
34 notification by the Illinois Department of Public Aid or the
-148- LRB9004624DJbd
1 Attorney General, the clerk shall transmit all such payments,
2 within 4 working days of receipt, to ensure insure that funds
3 are available for immediate distribution by the Department to
4 the person or entity entitled thereto in accordance with
5 standards of the Child Support Enforcement Program
6 established under Title IV-D of the Social Security Act. The
7 clerk shall notify the Department of the date of receipt and
8 amount thereof at the time of transmittal. Where the clerk
9 has entered into an agreement of cooperation with the
10 Department to record the terms of child support orders and
11 payments made thereunder directly into the Department's
12 automated data processing system, the clerk shall account
13 for, transmit and otherwise distribute child support payments
14 in accordance with such agreement in lieu of the requirements
15 contained herein.
16 (Source: P.A. 88-687, eff. 1-24-95.)
17 (750 ILCS 15/3) (from Ch. 40, par. 1106)
18 Sec. 3. At any time before the trial, upon motion of the
19 State's Attorney, or of the Attorney General if the action
20 has been instituted by his office, and upon notice to the
21 defendant, or at the time of arraignment or as a condition of
22 the postponement of arraignment, the court at any time may
23 enter such temporary order as may seem just, providing for
24 the support or maintenance of the spouse or child or children
25 of the defendant, or both, pendente lite.
26 The Court shall determine the amount of child support by
27 using the guidelines and standards set forth in subsection
28 (a) of Section 505 and in Section 505.2 of the Illinois
29 Marriage and Dissolution of Marriage Act.
30 The Court shall determine the amount of maintenance using
31 the standards set forth in Section 504 of the Illinois
32 Marriage and Dissolution of Marriage Act.
33 The court may for violation of any order under this
-149- LRB9004624DJbd
1 Section punish the offender as for a contempt of court, but
2 no pendente lite order shall remain in force for a longer
3 term than 4 months, or after the discharge of any panel of
4 jurors summoned for service thereafter in such court,
5 whichever is the sooner.
6 Any new or existing support order entered by the court
7 under this Section shall be deemed to be a series of
8 judgments against the person obligated to pay support
9 thereunder, each such judgment to be in the amount of each
10 payment or installment of support and each such judgment to
11 be deemed entered as of the date the corresponding payment or
12 installment becomes due under the terms of the support order.
13 Each such judgment shall have the full force, effect and
14 attributes of any other judgment of this State, including the
15 ability to be enforced. Any such judgment is subject to
16 modification or termination only in accordance with Section
17 510 of the Illinois Marriage and Dissolution of Marriage Act.
18 A one-time interest charge of 20% is imposable upon the
19 amount of past-due child support owed on July 1, 1988 which
20 has accrued under a support order entered by the court. The
21 charge shall be imposed in accordance with the provisions of
22 Section 10-21 of the Illinois Public Aid Code and shall be
23 enforced by the court upon petition. On and after the
24 effective date of this amendatory Act of 1997, the Attorney
25 General may collect, on behalf of the Illinois Department of
26 Public Aid, any charge imposed in accordance with this
27 paragraph. Nothing in this amendatory Act of 1997 shall be
28 construed to affect the validity of any charge imposed in
29 accordance with this paragraph.
30 An order for support entered or modified in a case in
31 which a party is receiving child and spouse support services
32 under Article X of the Illinois Public Aid Code or under
33 Sections 7.1 through 7.250 of the Attorney General Act shall
34 include a provision requiring the non-custodial parent to
-150- LRB9004624DJbd
1 notify the Illinois Department of Public Aid (before the
2 effective date of this amendatory Act of 1997) or the
3 Attorney General (on and after that date), within 7 days, of
4 the name and address of any new employer of the non-custodial
5 parent, whether the non-custodial parent has access to health
6 insurance coverage through the employer or other group
7 coverage, and, if so, the policy name and number and the
8 names of persons covered under the policy.
9 An order for support shall include a date on which the
10 current support obligation terminates. The termination date
11 shall be no earlier than the date on which the child covered
12 by the order will attain the age of majority or is otherwise
13 emancipated. The order for support shall state that the
14 termination date does not apply to any arrearage that may
15 remain unpaid on that date. Nothing in this paragraph shall
16 be construed to prevent the court from modifying the order.
17 (Source: P.A. 88-307.)
18 (750 ILCS 15/4) (from Ch. 40, par. 1107)
19 Sec. 4. Whenever a fine is imposed it may be directed by
20 the court to be paid, in whole or in part, to the spouse, or
21 if the support of a minor child or children is involved, to
22 the clerk, probation officer, the Court Service Division of
23 the County Department of Public Aid in counties of 3 million
24 or more population or to the Illinois Department of Public
25 Aid or a local governmental unit if a recipient of public aid
26 is involved, in accordance with Section 2.1, as the case
27 requires, to be disbursed by such officers, agency or
28 governmental unit under the terms of the order. However,
29 before the trial with the consent of the defendant, or at the
30 trial on entry of a plea of guilty, or after conviction,
31 instead of imposing the penalty provided in this Act, or in
32 addition thereto, the court in its discretion, having regard
33 to the circumstances and the financial ability or earning
-151- LRB9004624DJbd
1 capacity of the defendant, may make an order, subject to
2 change by the court from time to time as circumstances may
3 require, directing the defendant to pay a certain sum
4 periodically for a term not exceeding 3 years to the spouse
5 or, if the support of a minor child or children is involved,
6 to the clerk, probation officer, the Court Service Division
7 of the County Department of Public Aid in counties of 3
8 million or more population or to the Illinois Department of
9 Public Aid or a local governmental unit if a recipient of
10 public aid is involved in accordance with Section 2.1, as the
11 case requires, to be disbursed by such officers, agency or
12 governmental unit under the terms of the order.
13 The Court shall determine the amount of child support by
14 using the standards set forth in subsection (a) of Section
15 505 and in Section 505.2 of the Illinois Marriage and
16 Dissolution of Marriage Act.
17 The Court shall determine the amount of maintenance using
18 the standards set forth in Section 504 of the Illinois
19 Marriage and Dissolution of Marriage Act.
20 The court may also relieve the defendant from custody on
21 probation for the period fixed in the order or judgment upon
22 his or her entering into a recognizance, with or without
23 surety, in such sum as the court orders and approves. The
24 condition of the recognizance shall be such that if the
25 defendant makes his or her personal appearance in court
26 whenever ordered to do so by the court, during such period as
27 may be so fixed, and further complies with the terms of the
28 order of support, or of any subsequent modification thereof,
29 then the recognizance shall be void; otherwise in full force
30 and effect.
31 Any new or existing support order entered by the court
32 under this Section shall be deemed to be a series of
33 judgments against the person obligated to pay support
34 thereunder, each such judgment to be in the amount of each
-152- LRB9004624DJbd
1 payment or installment of support and each such judgment to
2 be deemed entered as of the date the corresponding payment or
3 installment becomes due under the terms of the support order.
4 Each such judgment shall have the full force, effect and
5 attributes of any other judgment of this State, including the
6 ability to be enforced. Any such judgment is subject to
7 modification or termination only in accordance with Section
8 510 of the Illinois Marriage and Dissolution of Marriage Act.
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 the Illinois Public Aid Code and shall be enforced by the
14 court upon petition. On and after the effective date of this
15 amendatory Act of 1997, the Attorney General may collect, on
16 behalf of the Illinois Department of Public Aid, any charge
17 imposed in accordance with this paragraph. Nothing in this
18 amendatory Act of 1997 shall be construed to affect the
19 validity of any charge imposed in accordance with this
20 paragraph.
21 An order for support entered or modified in a case in
22 which a party is receiving child and spouse support services
23 under Article X of the Illinois Public Aid Code or under
24 Sections 7.1 through 7.250 of the Attorney General Act shall
25 include a provision requiring the non-custodial parent to
26 notify the Illinois Department of Public Aid (before the
27 effective date of this amendatory Act of 1997) or the
28 Attorney General (on and after that date), within 7 days, of
29 the name and address of any new employer of the non-custodial
30 parent, whether the non-custodial parent has access to health
31 insurance coverage through the employer or other group
32 coverage, and, if so, the policy name and number and the
33 names of persons covered under the policy.
34 An order for support shall include a date on which the
-153- LRB9004624DJbd
1 current support obligation terminates. The termination date
2 shall be no earlier than the date on which the child covered
3 by the order will attain the age of majority or is otherwise
4 emancipated. The order for support shall state that the
5 termination date does not apply to any arrearage that may
6 remain unpaid on that date. Nothing in this paragraph shall
7 be construed to prevent the court from modifying the order.
8 (Source: P.A. 88-307.)
9 (750 ILCS 15/4.1) (from Ch. 40, par. 1107.1)
10 (Text of Section before amendment by P.A. 89-507)
11 Sec. 4.1. Withholding of Income to Secure Payment of
12 Support.
13 (A) Definitions.
14 (1) "Order for support" means any order of the court
15 which provides for periodic payment of funds for the support
16 of a child or maintenance of a spouse, whether temporary or
17 final, and includes any such order which provides for:
18 (a) Modification or resumption of, or payment of
19 arrearage accrued under, a previously existing order;
20 (b) Reimbursement of support; or
21 (c) Enrollment in a health insurance plan that is
22 available to the obligor through an employer or labor
23 union or trade union.
24 (2) "Arrearage" means the total amount of unpaid support
25 obligations.
26 (3) "Delinquency" means any payment under an order for
27 support which becomes due and remains unpaid after an order
28 for withholding has been entered under subsection (B) or, for
29 purposes of subsection (K), after the last order for support
30 was entered for which no order for withholding was entered.
31 (4) "Income" means any form of periodic payment to an
32 individual, regardless of source, including, but not limited
33 to: wages, salary, commission, compensation as an independent
-154- LRB9004624DJbd
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 Public
31 Aid, the Illinois Department of Mental Health and
32 Developmental Disabilities, the Illinois Department of
33 Children and Family Services, and the various State's
34 Attorneys, Clerks of the Circuit Court and supervisors of
-155- LRB9004624DJbd
1 general assistance.
2 (9) "Premium" means the dollar amount for which the
3 obligor is liable to his employer or labor union or trade
4 union and which must be paid to enroll or maintain a child in
5 a health insurance plan that is available to the obligor
6 through an employer or labor union or trade union.
7 (B) Entry of an Order for Withholding.
8 (1) Upon entry of any order for support on or after
9 January 1, 1984, the court shall enter a separate order for
10 withholding which shall not take effect unless the obligor
11 becomes delinquent in paying the order for support or the
12 obligor requests an earlier effective date; except that the
13 court may require the order for withholding to take effect
14 immediately.
15 On or after January 1, 1989, the court shall require the
16 order for withholding to take effect immediately, unless a
17 written agreement is reached between and signed by both
18 parties providing for an alternative arrangement, approved
19 and entered into the record by the court, which insures
20 payment of support. In that case, the court shall enter the
21 order for withholding which will not take effect unless the
22 obligor becomes delinquent in paying the order for support.
23 Upon entry of any order of support on or after September
24 11, 1989, if the obligor is not a United States citizen, the
25 obligor shall provide to the court the obligor's alien
26 registration number, passport number, and home country's
27 social security or national health number, if applicable; the
28 court shall make the information part of the record in the
29 case.
30 (2) An order for withholding shall be entered upon
31 petition by the obligee or public office where an order for
32 withholding has not been previously entered.
33 (3) The order for withholding shall:
34 (a) Direct any payor to withhold a dollar amount
-156- LRB9004624DJbd
1 equal to the order for support; and
2 (b) Direct any payor to withhold an additional
3 dollar amount, not less than 20% of the order for
4 support, until payment in full of any delinquency stated
5 in the notice of delinquency provided for in subsection
6 (C) or (F) of this Section; and
7 (c) Direct any payor or labor union or trade union
8 to enroll a child as a beneficiary of a health insurance
9 plan and withhold or cause to be withheld, if applicable,
10 any required premiums; and
11 (d) State the rights, remedies and duties of the
12 obligor under this Section; and
13 (e) Include the obligor's Social Security Number,
14 which the obligor shall disclose to the court; and
15 (f) Include the date that withholding for current
16 support terminates, which shall be the date of
17 termination of the current support obligation set forth
18 in the order for support.
19 (4) At the time the order for withholding is entered,
20 the Clerk of the Circuit Court shall provide a copy of the
21 order for withholding and the order for support to the
22 obligor and shall make copies available to the obligee and
23 public office. Any copy of the order for withholding
24 furnished to the parties under this subsection shall be
25 stamped "Not Valid".
26 (5) The order for withholding shall remain in effect for
27 as long as the order for support upon which it is based.
28 (6) The failure of an order for withholding to state an
29 arrearage is not conclusive of the issue of whether an
30 arrearage is owing.
31 (7) Notwithstanding the provisions of this subsection,
32 if the court finds at the time of any hearing that an
33 arrearage has accrued in an amount equal to at least one
34 month's support obligation or that the obligor is 30 days
-157- LRB9004624DJbd
1 late in paying all or part of the order for support, the
2 court shall order immediate service of the order for
3 withholding upon the payor.
4 (8) Where the court has not required that the order for
5 withholding take effect immediately, the obligee or public
6 office may prepare and serve a notice for immediate
7 withholding upon the obligor by ordinary mail addressed to
8 the obligor at his or her last known address. The notice
9 shall state that the following circumstances have occurred:
10 (a) The parties' written agreement providing an
11 alternative arrangement to immediate withholding under
12 paragraph (1) of this subsection no longer provides for
13 timely payment of all support due; or
14 (b) The obligor has not made timely payments in
15 that the obligor has been at least 7 days late in paying
16 all or part of the order for support any of the last 6
17 consecutive dates payments were due prior to the date of
18 the notice for immediate withholding.
19 The notice for immediate withholding shall clearly state
20 that a specially certified copy of the order for withholding
21 will be sent to the payor, unless the obligor files a
22 petition contesting immediate withholding within 20 days
23 after service of the notice; however, the grounds for the
24 petition shall be limited to a dispute concerning whether the
25 circumstances stated in the notice have occurred or the
26 identity of the obligor. It shall not be grounds for the
27 petition that the obligor has made all payments due by the
28 date of the petition.
29 If the obligor files a petition contesting immediate
30 withholding within the 20-day period required under this
31 paragraph, the Clerk of the Circuit Court shall notify the
32 obligor and the obligee or public office, as appropriate, of
33 the time and place of the hearing on the petition. Upon
34 hearing the petition, the court shall enter an order granting
-158- LRB9004624DJbd
1 or denying relief. It shall not be grounds for granting the
2 obligor's petition that he or she has made all payments due
3 by the date of hearing. If the court denies the obligor's
4 petition, it shall order immediate service of the order for
5 withholding, and direct the clerk to provide a specially
6 certified copy of the order for withholding to the obligee or
7 public office indicating that the requirements for immediate
8 withholding under this paragraph have been met.
9 If the obligor does not file a petition contesting
10 immediate withholding within the 20-day period, the obligee
11 or public office shall file with the Clerk of the Circuit
12 Court an affidavit, with a copy of the notice for immediate
13 withholding attached thereto, stating that the notice was
14 duly served and the date on which service was effected, and
15 that the obligor has not filed a petition contesting
16 immediate withholding. The clerk shall then provide to the
17 obligee or public office a specially certified copy of the
18 order for withholding indicating that the requirements for
19 immediate withholding under this paragraph have been met.
20 Upon receipt of a specially certified copy of the order
21 for withholding, the obligee or public office may serve the
22 order on the payor, its superintendent, manager or other
23 agent, by certified mail or personal delivery. A proof of
24 service shall be filed with the Clerk of the Circuit Court.
25 (C) Notice of Delinquency.
26 (1) Whenever an obligor becomes delinquent in payment of
27 an amount equal to at least one month's support obligation
28 pursuant to the order for support or is at least 30 days late
29 in complying with all or part of the order for support,
30 whichever occurs first, the obligee or public office may
31 prepare and serve a verified notice of delinquency, together
32 with a form petition to stay service, pursuant to paragraph
33 (3) of this subsection.
34 (2) The notice of delinquency shall recite the terms of
-159- LRB9004624DJbd
1 the order for support and contain a computation of the period
2 and total amount of the delinquency, as of the date of the
3 notice. The notice shall clearly state that it will be sent
4 to the payor, together with a specially certified copy of the
5 order for withholding, except as provided in subsection (F),
6 unless the obligor files a petition to stay service in
7 accordance with paragraph (1) of subsection (D).
8 (3) The notice of delinquency shall be served by
9 ordinary mail addressed to the obligor at his or her last
10 known address.
11 (4) The obligor may execute a written waiver of the
12 provisions of paragraphs (1) through (3) of this subsection
13 and request immediate service upon the payor.
14 (D) Procedures to Avoid Income Withholding.
15 (1) Except as provided in subsection (F), the obligor
16 may prevent an order for withholding from being served by
17 filing a petition to stay service with the Clerk of the
18 Circuit Court, within 20 days after service of the notice of
19 delinquency; however, the grounds for the petition to stay
20 service shall be limited to:
21 (a) A dispute concerning the amount of current
22 support or the existence or amount of the delinquency;
23 (b) The identity of the obligor.
24 The Clerk of the Circuit Court shall notify the obligor
25 and the obligee or public office, as appropriate, of the time
26 and place of the hearing on the petition to stay service. The
27 court shall hold such hearing pursuant to the provisions of
28 subsection (H).
29 (2) Except as provided in subsection (F), filing of a
30 petition to stay service, within the 20-day period required
31 under this subsection, shall prohibit the obligee or public
32 office from serving the order for withholding on any payor of
33 the obligor.
-160- LRB9004624DJbd
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
-161- LRB9004624DJbd
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. The obligee or public
13 office may then serve the 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 (3) If a delinquency has accrued for any reason, the
18 obligee or public office may serve a notice of delinquency
19 upon the obligor pursuant to subsection (C). The obligor may
20 prevent the notice of delinquency from being served upon the
21 payor by utilizing the procedures set forth in subsection
22 (D).
23 If no petition to stay service has been filed within the
24 required 20 day time period, the obligee or public office may
25 serve the notice of delinquency on the payor by utilizing the
26 procedures for service set forth in subsection (E).
27 (G) Duties of Payor.
28 (1) It shall be the duty of any payor who has been
29 served with a copy of the specially certified order for
30 withholding and any notice of delinquency to deduct and pay
31 over income as provided in this subsection. The payor shall
32 deduct the amount designated in the order for withholding, as
33 supplemented by the notice of delinquency and any notice
34 provided pursuant to paragraph (6) of subsection (I),
-162- LRB9004624DJbd
1 beginning no later than the next payment of income which is
2 payable to the obligor that occurs 14 days following the date
3 the order and any notice were mailed by certified mail or
4 placed for personal delivery. The payor may combine all
5 amounts withheld for the benefit of an obligee or public
6 office into a single payment and transmit the payment with a
7 listing of obligors from whom withholding has been effected.
8 The payor shall pay the amount withheld to the obligee or
9 public office within 10 calendar days of the date income is
10 paid to the obligor in accordance with the order for
11 withholding and any subsequent notification received from the
12 public office redirecting payments. If the payor knowingly
13 fails to pay any amount withheld to the obligee or public
14 office within 10 calendar days of the date income is paid to
15 the obligor, the payor shall pay a penalty of $100 for each
16 day that the withheld amount is not paid to the obligee or
17 public office after the period of 10 calendar days has
18 expired. The failure of a payor, on more than one occasion,
19 to pay amounts withheld to the obligee or public office
20 within 10 calendar days of the date income is paid to the
21 obligor creates a presumption that the payor knowingly failed
22 to pay the amounts. This penalty may be collected in a civil
23 action which may be brought against the payor in favor of the
24 obligee. For purposes of this Section, a withheld amount
25 shall be considered paid by a payor on the date it is mailed
26 by the payor, or on the date an electronic funds transfer of
27 the amount has been initiated by the payor, or on the date
28 delivery of the amount has been initiated by the payor. For
29 each deduction, the payor shall provide the obligee or public
30 office, at the time of transmittal, with the date income was
31 paid from which support was withheld.
32 Upon receipt of an order requiring that a minor child be
33 named as a beneficiary of a health insurance plan available
34 through an employer or labor union or trade union, the
-163- LRB9004624DJbd
1 employer or labor union or trade union shall immediately
2 enroll the minor child as a beneficiary in the health
3 insurance plan designated by the court order. The employer
4 shall withhold any required premiums and pay over any amounts
5 so withheld and any additional amounts the employer pays to
6 the insurance carrier in a timely manner. The employer or
7 labor union or trade union shall mail to the obligee, within
8 15 days of enrollment or upon request, notice of the date of
9 coverage, information on the dependent coverage plan, and all
10 forms necessary to obtain reimbursement for covered health
11 expenses, such as would be made available to a new employee.
12 When an order for dependent coverage is in effect and the
13 insurance coverage is terminated or changed for any reason,
14 the employer or labor union or trade union shall notify the
15 obligee within 10 days of the termination or change date
16 along with notice of conversion privileges.
17 For withholding of income, the payor shall be entitled to
18 receive a fee not to exceed $5 per month or the actual check
19 processing cost to be taken from the income to be paid to the
20 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
-164- LRB9004624DJbd
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
-165- LRB9004624DJbd
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
-166- LRB9004624DJbd
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 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 Public Aid is no
16 longer authorized to receive payments for the obligee, it
17 shall, within 7 days, notify the payor or, where appropriate,
18 the Clerk of the Circuit Court, to redirect income
19 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 Public Aid (before the
34 effective date of this amendatory Act of 1997) or the
-167- LRB9004624DJbd
1 Attorney General (on and after that date) shall design
2 suggested legal forms for proceeding under this Section and
3 shall make available to the courts such forms and
4 informational materials which describe the procedures and
5 remedies set forth herein for distribution to all parties in
6 support actions.
7 (9) At the time of transmitting each support payment,
8 the clerk of the circuit court shall provide the obligee or
9 public office, as appropriate, with any information furnished
10 by the payor as to the date income was paid from which such
11 support was withheld.
12 (J) Penalties.
13 (1) Where a payor wilfully fails to withhold or pay over
14 income pursuant to a properly served, specially certified
15 order for withholding and any notice of delinquency, or
16 wilfully discharges, disciplines, refuses to hire or
17 otherwise penalizes an obligor as prohibited by subsection
18 (G), or otherwise fails to comply with any duties imposed by
19 this Section, the obligee, public office or obligor, as
20 appropriate, may file a complaint with the court against the
21 payor. The clerk of the circuit court shall notify the
22 obligee or public office, as appropriate, and the obligor and
23 payor of the time and place of the hearing on the complaint.
24 The court shall resolve any factual dispute including, but
25 not limited to, a denial that the payor is paying or has paid
26 income to the obligor. Upon a finding in favor of the
27 complaining party, the court:
28 (a) Shall enter judgment and direct the enforcement
29 thereof for the total amount that the payor wilfully
30 failed to withhold or pay over; and
31 (b) May order employment or reinstatement of or
32 restitution to the obligor, or both, where the obligor
33 has been discharged, disciplined, denied employment or
34 otherwise penalized by the payor and may impose a fine
-168- LRB9004624DJbd
1 upon the payor not to exceed $200.
2 (2) Any obligee, public office or obligor who wilfully
3 initiates a false proceeding under this Section or who
4 wilfully fails to comply with the requirements of this
5 Section shall be punished as in cases of contempt of court.
6 (K) Alternative Procedures for Entry and Service of an Order
7 for Withholding.
8 (1) Effective January 1, 1987, in any matter in which an
9 order for withholding has not been entered for any reason,
10 based upon the last order for support that has been entered,
11 and in which the obligor has become delinquent in payment of
12 an amount equal to at least one month's support obligation
13 pursuant to the last order for support or is at least 30 days
14 late in complying with all or part of the order for support,
15 the obligee or public office may prepare and serve an order
16 for withholding pursuant to the procedures set forth in this
17 subsection.
18 (2) The obligee or public office shall:
19 (a) Prepare a proposed order for withholding for
20 immediate service as provided by paragraphs (1) and (3)
21 of subsection (B), except that the minimum 20%
22 delinquency payment shall be used;
23 (b) Prepare a notice of delinquency as provided by
24 paragraphs (1) and (2) of subsection (C), except the
25 notice shall state further that the order for withholding
26 has not been entered by the court and the conditions
27 under which the order will be entered; and
28 (c) Serve the notice of delinquency and form
29 petition to stay service as provided by paragraph (3) of
30 subsection (C), together with the proposed order for
31 withholding, which shall be marked "COPY ONLY".
32 (3) After 20 days following service of the notice of
33 delinquency and proposed order for withholding, in lieu of
34 the provisions of subsection (E), the obligee or public
-169- LRB9004624DJbd
1 office shall file with the Clerk of the Circuit Court an
2 affidavit, with a copy of the notice of delinquency and
3 proposed order for withholding attached thereto, stating
4 that:
5 (a) The notice of delinquency and proposed order
6 for withholding have been served upon the obligor and the
7 date on which service was effected;
8 (b) The obligor has not filed a petition to stay
9 service within 20 days of service of such notice and
10 order; and
11 (c) The proposed order for withholding accurately
12 states the terms and amounts contained in the last order
13 for support.
14 (4) Upon the court's satisfaction that the procedures
15 set forth in this subsection have been met, it shall enter
16 the order for withholding.
17 (5) The Clerk shall then provide to the obligee or
18 public office a specially certified copy of the order for
19 withholding and the notice of delinquency indicating that the
20 preconditions for service have been met.
21 (6) The obligee or public office shall serve the
22 specially certified copies of the order for withholding and
23 the notice of delinquency on the payor, its superintendent,
24 manager or other agent by certified mail or personal
25 delivery. A proof of service shall be filed with the Clerk
26 of the Circuit Court.
27 (7) If the obligor requests in writing that income
28 withholding become effective prior to becoming delinquent in
29 payment of an amount equal to one month's support obligation
30 pursuant to the last order for support, or prior to becoming
31 30 days late in paying all or part of the order for support,
32 the obligee or public office shall file an affidavit with the
33 Clerk of the circuit Court, with a proposed order for
34 withholding attached, stating that the proposed order
-170- LRB9004624DJbd
1 accurately states the terms and amounts contained in the last
2 order for support and the obligor's request for immediate
3 service. The provisions of paragraphs (4) through (6) of
4 this subsection shall apply, except that a notice of
5 delinquency shall not be required.
6 (8) All other provisions of this Section shall be
7 applicable with respect to the provisions of this subsection
8 (K), except that under paragraph (1) of subsection (H), the
9 court may also amend the proposed order for withholding to
10 conform to the last order for support.
11 (9) Nothing in this subsection shall be construed as
12 limiting the requirements of paragraph (1) of subsection (B)
13 with respect to the entry of a separate order for withholding
14 upon entry of any order for support.
15 (L) Remedies in Addition to Other Laws.
16 (1) The rights, remedies, duties and penalties created
17 by this Section are in addition to and not in substitution
18 for any other rights, remedies, duties and penalties created
19 by any other law.
20 (2) Nothing in this Section shall be construed as
21 invalidating any assignment of wages or benefits executed
22 prior to January 1, 1984.
23 (Source: P.A. 87-529; 87-935; 87-988; 87-1105; 88-26; 88-45;
24 88-94; 88-131; 88-307; 88-670, eff. 12-2-94.)
25 (Text of Section after amendment by P.A. 89-507)
26 Sec. 4.1. Withholding of Income to Secure Payment of
27 Support.
28 (A) Definitions.
29 (1) "Order for support" means any order of the court
30 which provides for periodic payment of funds for the support
31 of a child or maintenance of a spouse, whether temporary or
32 final, and includes any such order which provides for:
33 (a) Modification or resumption of, or payment of
-171- LRB9004624DJbd
1 arrearage accrued under, a previously existing order;
2 (b) Reimbursement of support; or
3 (c) Enrollment in a health insurance plan that is
4 available to the obligor through an employer or labor
5 union or trade union.
6 (2) "Arrearage" means the total amount of unpaid support
7 obligations.
8 (3) "Delinquency" means any payment under an order for
9 support which becomes due and remains unpaid after an order
10 for withholding has been entered under subsection (B) or, for
11 purposes of subsection (K), after the last order for support
12 was entered for which no order for withholding was entered.
13 (4) "Income" means any form of periodic payment to an
14 individual, regardless of source, including, but not limited
15 to: wages, salary, commission, compensation as an independent
16 contractor, workers' compensation, disability, annuity and
17 retirement benefits, lottery prize awards, insurance
18 proceeds, vacation pay, bonuses, profit-sharing payments and
19 any other payments, made by any person, private entity,
20 federal or state government, any unit of local government,
21 school district or any entity created by Public Act; however,
22 "income" excludes:
23 (a) Any amounts required by law to be withheld,
24 other than creditor claims, including, but not limited
25 to, federal, State and local taxes, Social Security and
26 other retirement and disability contributions;
27 (b) Union dues;
28 (c) Any amounts exempted by the federal Consumer
29 Credit Protection Act;
30 (d) Public assistance payments; and
31 (e) Unemployment insurance benefits except as
32 provided by law.
33 Any other State or local laws which limit or exempt
34 income or the amount or percentage of income that can be
-172- LRB9004624DJbd
1 withheld shall not apply.
2 (5) "Obligor" means the individual who owes a duty to
3 make payments under an order for support.
4 (6) "Obligee" means the individual to whom a duty of
5 support is owed or the individual's legal representative.
6 (7) "Payor" means any payor of income to an obligor.
7 (8) "Public office" means any elected official or any
8 State or local agency which is or may become responsible by
9 law for enforcement of, or which is or may become authorized
10 to enforce, an order for support, including, but not limited
11 to: the Attorney General, the Illinois Department of Public
12 Aid, the Illinois Department of Human Services, the Illinois
13 Department of Children and Family Services, and the various
14 State's Attorneys, Clerks of the Circuit Court and
15 supervisors of general assistance.
16 (9) "Premium" means the dollar amount for which the
17 obligor is liable to his employer or labor union or trade
18 union and which must be paid to enroll or maintain a child in
19 a health insurance plan that is available to the obligor
20 through an employer or labor union or trade union.
21 (B) Entry of an Order for Withholding.
22 (1) Upon entry of any order for support on or after
23 January 1, 1984, the court shall enter a separate order for
24 withholding which shall not take effect unless the obligor
25 becomes delinquent in paying the order for support or the
26 obligor requests an earlier effective date; except that the
27 court may require the order for withholding to take effect
28 immediately.
29 On or after January 1, 1989, the court shall require the
30 order for withholding to take effect immediately, unless a
31 written agreement is reached between and signed by both
32 parties providing for an alternative arrangement, approved
33 and entered into the record by the court, which insures
34 payment of support. In that case, the court shall enter the
-173- LRB9004624DJbd
1 order for withholding which will not take effect unless the
2 obligor becomes delinquent in paying the order for support.
3 Upon entry of any order of support on or after September
4 11, 1989, if the obligor is not a United States citizen, the
5 obligor shall provide to the court the obligor's alien
6 registration number, passport number, and home country's
7 social security or national health number, if applicable; the
8 court shall make the information part of the record in the
9 case.
10 (2) An order for withholding shall be entered upon
11 petition by the obligee or public office where an order for
12 withholding has not been previously entered.
13 (3) The order for withholding shall:
14 (a) Direct any payor to withhold a dollar amount
15 equal to the order for support; and
16 (b) Direct any payor to withhold an additional
17 dollar amount, not less than 20% of the order for
18 support, until payment in full of any delinquency stated
19 in the notice of delinquency provided for in subsection
20 (C) or (F) of this Section; and
21 (c) Direct any payor or labor union or trade union
22 to enroll a child as a beneficiary of a health insurance
23 plan and withhold or cause to be withheld, if applicable,
24 any required premiums; and
25 (d) State the rights, remedies and duties of the
26 obligor under this Section; and
27 (e) Include the obligor's Social Security Number,
28 which the obligor shall disclose to the court; and
29 (f) Include the date that withholding for current
30 support terminates, which shall be the date of
31 termination of the current support obligation set forth
32 in the order for support.
33 (4) At the time the order for withholding is entered,
34 the Clerk of the Circuit Court shall provide a copy of the
-174- LRB9004624DJbd
1 order for withholding and the order for support to the
2 obligor and shall make copies available to the obligee and
3 public office. Any copy of the order for withholding
4 furnished to the parties under this subsection shall be
5 stamped "Not Valid".
6 (5) The order for withholding shall remain in effect for
7 as long as the order for support upon which it is based.
8 (6) The failure of an order for withholding to state an
9 arrearage is not conclusive of the issue of whether an
10 arrearage is owing.
11 (7) Notwithstanding the provisions of this subsection,
12 if the court finds at the time of any hearing that an
13 arrearage has accrued in an amount equal to at least one
14 month's support obligation or that the obligor is 30 days
15 late in paying all or part of the order for support, the
16 court shall order immediate service of the order for
17 withholding upon the payor.
18 (8) Where the court has not required that the order for
19 withholding take effect immediately, the obligee or public
20 office may prepare and serve a notice for immediate
21 withholding upon the obligor by ordinary mail addressed to
22 the obligor at his or her last known address. The notice
23 shall state that the following circumstances have occurred:
24 (a) The parties' written agreement providing an
25 alternative arrangement to immediate withholding under
26 paragraph (1) of this subsection no longer provides for
27 timely payment of all support due; or
28 (b) The obligor has not made timely payments in
29 that the obligor has been at least 7 days late in paying
30 all or part of the order for support any of the last 6
31 consecutive dates payments were due prior to the date of
32 the notice for immediate withholding.
33 The notice for immediate withholding shall clearly state
34 that a specially certified copy of the order for withholding
-175- LRB9004624DJbd
1 will be sent to the payor, unless the obligor files a
2 petition contesting immediate withholding within 20 days
3 after service of the notice; however, the grounds for the
4 petition shall be limited to a dispute concerning whether the
5 circumstances stated in the notice have occurred or the
6 identity of the obligor. It shall not be grounds for the
7 petition that the obligor has made all payments due by the
8 date of the petition.
9 If the obligor files a petition contesting immediate
10 withholding within the 20-day period required under this
11 paragraph, the Clerk of the Circuit Court shall notify the
12 obligor and the obligee or public office, as appropriate, of
13 the time and place of the hearing on the petition. Upon
14 hearing the petition, the court shall enter an order granting
15 or denying relief. It shall not be grounds for granting the
16 obligor's petition that he or she has made all payments due
17 by the date of hearing. If the court denies the obligor's
18 petition, it shall order immediate service of the order for
19 withholding, and direct the clerk to provide a specially
20 certified copy of the order for withholding to the obligee or
21 public office indicating that the requirements for immediate
22 withholding under this paragraph have been met.
23 If the obligor does not file a petition contesting
24 immediate withholding within the 20-day period, the obligee
25 or public office shall file with the Clerk of the Circuit
26 Court an affidavit, with a copy of the notice for immediate
27 withholding attached thereto, stating that the notice was
28 duly served and the date on which service was effected, and
29 that the obligor has not filed a petition contesting
30 immediate withholding. The clerk shall then provide to the
31 obligee or public office a specially certified copy of the
32 order for withholding indicating that the requirements for
33 immediate withholding under this paragraph have been met.
34 Upon receipt of a specially certified copy of the order
-176- LRB9004624DJbd
1 for withholding, the obligee or public office may serve the
2 order on the payor, its superintendent, manager or other
3 agent, by certified mail or personal delivery. A proof of
4 service shall be filed with the Clerk of the Circuit Court.
5 (C) Notice of Delinquency.
6 (1) Whenever an obligor becomes delinquent in payment of
7 an amount equal to at least one month's support obligation
8 pursuant to the order for support or is at least 30 days late
9 in complying with all or part of the order for support,
10 whichever occurs first, the obligee or public office may
11 prepare and serve a verified notice of delinquency, together
12 with a form petition to stay service, pursuant to paragraph
13 (3) of this subsection.
14 (2) The notice of delinquency shall recite the terms of
15 the order for support and contain a computation of the period
16 and total amount of the delinquency, as of the date of the
17 notice. The notice shall clearly state that it will be sent
18 to the payor, together with a specially certified copy of the
19 order for withholding, except as provided in subsection (F),
20 unless the obligor files a petition to stay service in
21 accordance with paragraph (1) of subsection (D).
22 (3) The notice of delinquency shall be served by
23 ordinary mail addressed to the obligor at his or her last
24 known address.
25 (4) The obligor may execute a written waiver of the
26 provisions of paragraphs (1) through (3) of this subsection
27 and request immediate service upon the payor.
28 (D) Procedures to Avoid Income Withholding.
29 (1) Except as provided in subsection (F), the obligor
30 may prevent an order for withholding from being served by
31 filing a petition to stay service with the Clerk of the
32 Circuit Court, within 20 days after service of the notice of
33 delinquency; however, the grounds for the petition to stay
-177- LRB9004624DJbd
1 service shall be limited to:
2 (a) A dispute concerning the amount of current
3 support or the existence or amount of the delinquency;
4 (b) The identity of the obligor.
5 The Clerk of the Circuit Court shall notify the obligor
6 and the obligee or public office, as appropriate, of the time
7 and place of the hearing on the petition to stay service. The
8 court shall hold such hearing pursuant to the provisions of
9 subsection (H).
10 (2) Except as provided in subsection (F), filing of a
11 petition to stay service, within the 20-day period required
12 under this subsection, shall prohibit the obligee or public
13 office from serving the order for withholding on any payor of
14 the obligor.
15 (E) Initial Service of Order for Withholding.
16 (1) Except as provided in subsection (F), in order to
17 serve an order for withholding upon a payor, an obligee or
18 public office shall follow the procedures set forth in this
19 subsection. After 20 days following service of the notice of
20 delinquency, the obligee or public office shall file with the
21 Clerk of the Circuit Court an affidavit, with the copy of the
22 notice of delinquency attached thereto, stating:
23 (a) that the notice of delinquency has been duly
24 served and the date on which service was effected; and
25 (b) that the obligor has not filed a petition to
26 stay service, or in the alternative
27 (c) that the obligor has waived the provisions of
28 subparagraphs (a) and (b) of this paragraph (1) in
29 accordance with subsection (C)(4).
30 (2) Upon request of the obligee or public office, the
31 Clerk of the Circuit Court shall: (a) make available any
32 record of payment; and (b) determine that the file contains a
33 copy of the affidavit described in paragraph (1). The Clerk
34 shall then provide to the obligee or public office a
-178- LRB9004624DJbd
1 specially certified copy of the order for withholding and the
2 notice of delinquency indicating that the preconditions for
3 service have been met.
4 (3) The obligee or public office may then serve the
5 notice of delinquency and order for withholding on the payor,
6 its superintendent, manager or other agent, by certified mail
7 or personal delivery. A proof of service shall be filed with
8 the Clerk of the Circuit Court.
9 (F) Subsequent Service of Order for Withholding.
10 (1) Notwithstanding the provisions of this Section, at
11 any time after the court has ordered immediate service of an
12 order for withholding or after initial service of an order
13 for withholding pursuant to subsection (E), the obligee or
14 public office may serve the order for withholding upon any
15 payor of the obligor without further notice to the obligor.
16 The obligee or public office shall provide notice to the
17 payor, pursuant to paragraph (6) of subsection (I), of any
18 payments that have been made through previous withholding or
19 any other method.
20 (2) The Clerk of the Circuit Court shall, upon request,
21 provide the obligee or public office with specially certified
22 copies of the order for withholding or the notice of
23 delinquency or both whenever the Court has ordered immediate
24 service of an order for withholding or an affidavit has been
25 placed in the court file indicating that the preconditions
26 for service have been previously met. The obligee or public
27 office may then serve the order for withholding on the payor,
28 its superintendent, manager or other agent by certified mail
29 or personal delivery. A proof of service shall be filed with
30 the Clerk of the Circuit Court.
31 (3) If a delinquency has accrued for any reason, the
32 obligee or public office may serve a notice of delinquency
33 upon the obligor pursuant to subsection (C). The obligor may
34 prevent the notice of delinquency from being served upon the
-179- LRB9004624DJbd
1 payor by utilizing the procedures set forth in subsection
2 (D).
3 If no petition to stay service has been filed within the
4 required 20 day time period, the obligee or public office may
5 serve the notice of delinquency on the payor by utilizing the
6 procedures for service set forth in subsection (E).
7 (G) Duties of Payor.
8 (1) It shall be the duty of any payor who has been
9 served with a copy of the specially certified order for
10 withholding and any notice of delinquency to deduct and pay
11 over income as provided in this subsection. The payor shall
12 deduct the amount designated in the order for withholding, as
13 supplemented by the notice of delinquency and any notice
14 provided pursuant to paragraph (6) of subsection (I),
15 beginning no later than the next payment of income which is
16 payable to the obligor that occurs 14 days following the date
17 the order and any notice were mailed by certified mail or
18 placed for personal delivery. The payor may combine all
19 amounts withheld for the benefit of an obligee or public
20 office into a single payment and transmit the payment with a
21 listing of obligors from whom withholding has been effected.
22 The payor shall pay the amount withheld to the obligee or
23 public office within 10 calendar days of the date income is
24 paid to the obligor in accordance with the order for
25 withholding and any subsequent notification received from the
26 public office redirecting payments. If the payor knowingly
27 fails to pay any amount withheld to the obligee or public
28 office within 10 calendar days of the date income is paid to
29 the obligor, the payor shall pay a penalty of $100 for each
30 day that the withheld amount is not paid to the obligee or
31 public office after the period of 10 calendar days has
32 expired. The failure of a payor, on more than one occasion,
33 to pay amounts withheld to the obligee or public office
34 within 10 calendar days of the date income is paid to the
-180- LRB9004624DJbd
1 obligor creates a presumption that the payor knowingly failed
2 to pay the amounts. This penalty may be collected in a civil
3 action which may be brought against the payor in favor of the
4 obligee. For purposes of this Section, a withheld amount
5 shall be considered paid by a payor on the date it is mailed
6 by the payor, or on the date an electronic funds transfer of
7 the amount has been initiated by the payor, or on the date
8 delivery of the amount has been initiated by the payor. For
9 each deduction, the payor shall provide the obligee or public
10 office, at the time of transmittal, with the date income was
11 paid from which support was withheld.
12 Upon receipt of an order requiring that a minor child be
13 named as a beneficiary of a health insurance plan available
14 through an employer or labor union or trade union, the
15 employer or labor union or trade union shall immediately
16 enroll the minor child as a beneficiary in the health
17 insurance plan designated by the court order. The employer
18 shall withhold any required premiums and pay over any amounts
19 so withheld and any additional amounts the employer pays to
20 the insurance carrier in a timely manner. The employer or
21 labor union or trade union shall mail to the obligee, within
22 15 days of enrollment or upon request, notice of the date of
23 coverage, information on the dependent coverage plan, and all
24 forms necessary to obtain reimbursement for covered health
25 expenses, such as would be made available to a new employee.
26 When an order for dependent coverage is in effect and the
27 insurance coverage is terminated or changed for any reason,
28 the employer or labor union or trade union shall notify the
29 obligee within 10 days of the termination or change date
30 along with notice of conversion privileges.
31 For withholding of income, the payor shall be entitled to
32 receive a fee not to exceed $5 per month or the actual check
33 processing cost to be taken from the income to be paid to the
34 obligor.
-181- LRB9004624DJbd
1 (2) Whenever the obligor is no longer receiving income
2 from the payor, the payor shall return a copy of the order
3 for withholding to the obligee or public office and shall
4 provide information for the purpose of enforcing this
5 Section.
6 (3) Withholding of income under this Section shall be
7 made without regard to any prior or subsequent garnishments,
8 attachments, wage assignments, or any other claims of
9 creditors. Withholding of income under this Section shall
10 not be in excess of the maximum amounts permitted under the
11 federal Consumer Credit Protection Act. If the payor has been
12 served with more than one order for withholding pertaining to
13 the same obligor, the payor shall allocate income available
14 for withholding on a proportionate share basis, giving
15 priority to current support payments. If there is any income
16 available for withholding after withholding for all current
17 support obligations, the payor shall allocate the income to
18 past due support payments ordered in non-AFDC matters and
19 then to past due support payments ordered in AFDC matters,
20 both on a proportionate share basis. Payment as required by
21 the order for withholding shall be a complete defense by the
22 payor against any claims of the obligor or his creditors as
23 to the sum so paid.
24 (4) No payor shall discharge, discipline, refuse to hire
25 or otherwise penalize any obligor because of the duty to
26 withhold income.
27 (H) Petitions to Stay Service or to Modify, Suspend or
28 Terminate Orders for Withholding.
29 (1) When an obligor files a petition to stay service,
30 the court, after due notice to all parties, shall hear the
31 matter as soon as practicable and shall enter an order
32 granting or denying relief, amending the notice of
33 delinquency, amending the order for withholding, where
34 applicable, or otherwise resolving the matter. If the court
-182- LRB9004624DJbd
1 finds that a delinquency existed when the notice of
2 delinquency was served upon the obligor, in an amount of at
3 least one month's support obligation, or that the obligor was
4 at least 30 days late in paying all or part of the order for
5 support, the court shall order immediate service of the order
6 for withholding. Where the court cannot promptly resolve any
7 dispute over the amount of the delinquency, the court may
8 order immediate service of the order for withholding as to
9 any undisputed amounts specified in an amended notice of
10 delinquency, and may continue the hearing on the disputed
11 amounts.
12 (2) At any time, an obligor, obligee, public office or
13 Clerk of the Circuit Court may petition the court to:
14 (a) Modify, suspend or terminate the order for
15 withholding because of a modification, suspension or
16 termination of the underlying order for support; or
17 (b) Modify the amount of income to be withheld to
18 reflect payment in full or in part of the delinquency or
19 arrearage by income withholding or otherwise; or
20 (c) Suspend the order for withholding because of
21 inability to deliver income withheld to the obligee due
22 to the obligee's failure to provide a mailing address or
23 other means of delivery.
24 (3) The obligor, obligee or public office shall serve on
25 the payor, by certified mail or personal delivery, a copy of
26 any order entered pursuant to this subsection that affects
27 the duties of the payor.
28 (4) At any time, a public office or Clerk of the Circuit
29 Court may serve a notice on the payor to:
30 (a) cease withholding of income for payment of
31 current support for a child when the support obligation
32 for that child has automatically ceased under the order
33 for support through emancipation or otherwise; or
34 (b) cease withholding of income for payment of
-183- LRB9004624DJbd
1 delinquency or arrearage when the delinquency or
2 arrearage has been paid in full.
3 (5) The notice provided for under paragraph (4) of this
4 subsection shall be served on the payor by ordinary mail, and
5 a copy shall be provided to the obligor and the obligee. A
6 copy of the notice shall be filed with the Clerk of the
7 Circuit Court.
8 (6) The order for withholding shall continue to be
9 binding upon the payor until service of any order of the
10 court or notice entered or provided for under this
11 subsection.
12 (I) Additional Duties.
13 (1) An obligee who is receiving income withholding
14 payments under this Section shall notify the payor, if the
15 obligee receives the payments directly from the payor, or the
16 public office or the Clerk of the Circuit Court, as
17 appropriate, of any change of address within 7 days of such
18 change.
19 (2) An obligee who is a recipient of public aid shall
20 send a copy of any notice of delinquency filed pursuant to
21 subsection (C) to the Bureau of Child Support of the Illinois
22 Department of Public Aid.
23 (3) Each obligor shall notify the obligee and the Clerk
24 of the Circuit Court of any change of address within 7 days.
25 (4) An obligor whose income is being withheld or who has
26 been served with a notice of delinquency pursuant to this
27 Section shall notify the obligee and the Clerk of the Circuit
28 Court of any new payor, within 7 days.
29 (5) When the Illinois Department of Public Aid is no
30 longer authorized to receive payments for the obligee, it
31 shall, within 7 days, notify the payor or, where appropriate,
32 the Clerk of the Circuit Court, to redirect income
33 withholding payments to the obligee.
34 (6) The obligee or public office shall provide notice to
-184- LRB9004624DJbd
1 the payor and Clerk of the Circuit Court of any other support
2 payment made, including but not limited to, a set-off under
3 federal and State law or partial payment of the delinquency
4 or arrearage, or both.
5 (7) Any public office and Clerk of the Circuit Court
6 which collects, disburses or receives payments pursuant to
7 orders for withholding shall maintain complete, accurate, and
8 clear records of all payments and their disbursements.
9 Certified copies of payment records maintained by a public
10 office or Clerk of the Circuit Court shall, without further
11 proof, be admitted into evidence in any legal proceedings
12 under this Section.
13 (8) The Illinois Department of Public Aid (before the
14 effective date of this amendatory Act of 1997) or the
15 Attorney General (on and after that date) shall design
16 suggested legal forms for proceeding under this Section and
17 shall make available to the courts such forms and
18 informational materials which describe the procedures and
19 remedies set forth herein for distribution to all parties in
20 support actions.
21 (9) At the time of transmitting each support payment,
22 the clerk of the circuit court shall provide the obligee or
23 public office, as appropriate, with any information furnished
24 by the payor as to the date income was paid from which such
25 support was withheld.
26 (J) Penalties.
27 (1) Where a payor wilfully fails to withhold or pay over
28 income pursuant to a properly served, specially certified
29 order for withholding and any notice of delinquency, or
30 wilfully discharges, disciplines, refuses to hire or
31 otherwise penalizes an obligor as prohibited by subsection
32 (G), or otherwise fails to comply with any duties imposed by
33 this Section, the obligee, public office or obligor, as
34 appropriate, may file a complaint with the court against the
-185- LRB9004624DJbd
1 payor. The clerk of the circuit court shall notify the
2 obligee or public office, as appropriate, and the obligor and
3 payor of the time and place of the hearing on the complaint.
4 The court shall resolve any factual dispute including, but
5 not limited to, a denial that the payor is paying or has paid
6 income to the obligor. Upon a finding in favor of the
7 complaining party, the court:
8 (a) Shall enter judgment and direct the enforcement
9 thereof for the total amount that the payor wilfully
10 failed to withhold or pay over; and
11 (b) May order employment or reinstatement of or
12 restitution to the obligor, or both, where the obligor
13 has been discharged, disciplined, denied employment or
14 otherwise penalized by the payor and may impose a fine
15 upon the payor not to exceed $200.
16 (2) Any obligee, public office or obligor who wilfully
17 initiates a false proceeding under this Section or who
18 wilfully fails to comply with the requirements of this
19 Section shall be punished as in cases of contempt of court.
20 (K) Alternative Procedures for Entry and Service of an Order
21 for Withholding.
22 (1) Effective January 1, 1987, in any matter in which an
23 order for withholding has not been entered for any reason,
24 based upon the last order for support that has been entered,
25 and in which the obligor has become delinquent in payment of
26 an amount equal to at least one month's support obligation
27 pursuant to the last order for support or is at least 30 days
28 late in complying with all or part of the order for support,
29 the obligee or public office may prepare and serve an order
30 for withholding pursuant to the procedures set forth in this
31 subsection.
32 (2) The obligee or public office shall:
33 (a) Prepare a proposed order for withholding for
34 immediate service as provided by paragraphs (1) and (3)
-186- LRB9004624DJbd
1 of subsection (B), except that the minimum 20%
2 delinquency payment shall be used;
3 (b) Prepare a notice of delinquency as provided by
4 paragraphs (1) and (2) of subsection (C), except the
5 notice shall state further that the order for withholding
6 has not been entered by the court and the conditions
7 under which the order will be entered; and
8 (c) Serve the notice of delinquency and form
9 petition to stay service as provided by paragraph (3) of
10 subsection (C), together with the proposed order for
11 withholding, which shall be marked "COPY ONLY".
12 (3) After 20 days following service of the notice of
13 delinquency and proposed order for withholding, in lieu of
14 the provisions of subsection (E), the obligee or public
15 office shall file with the Clerk of the Circuit Court an
16 affidavit, with a copy of the notice of delinquency and
17 proposed order for withholding attached thereto, stating
18 that:
19 (a) The notice of delinquency and proposed order
20 for withholding have been served upon the obligor and the
21 date on which service was effected;
22 (b) The obligor has not filed a petition to stay
23 service within 20 days of service of such notice and
24 order; and
25 (c) The proposed order for withholding accurately
26 states the terms and amounts contained in the last order
27 for support.
28 (4) Upon the court's satisfaction that the procedures
29 set forth in this subsection have been met, it shall enter
30 the order for withholding.
31 (5) The Clerk shall then provide to the obligee or
32 public office a specially certified copy of the order for
33 withholding and the notice of delinquency indicating that the
34 preconditions for service have been met.
-187- LRB9004624DJbd
1 (6) The obligee or public office shall serve the
2 specially certified copies of the order for withholding and
3 the notice of delinquency on the payor, its superintendent,
4 manager or other agent by certified mail or personal
5 delivery. A proof of service shall be filed with the Clerk
6 of the Circuit Court.
7 (7) If the obligor requests in writing that income
8 withholding become effective prior to becoming delinquent in
9 payment of an amount equal to one month's support obligation
10 pursuant to the last order for support, or prior to becoming
11 30 days late in paying all or part of the order for support,
12 the obligee or public office shall file an affidavit with the
13 Clerk of the circuit Court, with a proposed order for
14 withholding attached, stating that the proposed order
15 accurately states the terms and amounts contained in the last
16 order for support and the obligor's request for immediate
17 service. The provisions of paragraphs (4) through (6) of
18 this subsection shall apply, except that a notice of
19 delinquency shall not be required.
20 (8) All other provisions of this Section shall be
21 applicable with respect to the provisions of this subsection
22 (K), except that under paragraph (1) of subsection (H), the
23 court may also amend the proposed order for withholding to
24 conform to the last order for support.
25 (9) Nothing in this subsection shall be construed as
26 limiting the requirements of paragraph (1) of subsection (B)
27 with respect to the entry of a separate order for withholding
28 upon entry of any order for support.
29 (L) Remedies in Addition to Other Laws.
30 (1) The rights, remedies, duties and penalties created
31 by this Section are in addition to and not in substitution
32 for any other rights, remedies, duties and penalties created
33 by any other law.
34 (2) Nothing in this Section shall be construed as
-188- LRB9004624DJbd
1 invalidating any assignment of wages or benefits executed
2 prior to January 1, 1984.
3 (Source: P.A. 88-26; 88-45; 88-94; 88-131; 88-307; 88-670,
4 eff. 12-2-94; 89-507, eff. 7-1-97.)
5 (750 ILCS 15/11) (from Ch. 40, par. 1114)
6 Sec. 11. (a) In all cases instituted before the
7 effective date of this amendatory Act of 1997 by the Illinois
8 Department of Public Aid on behalf of a child or spouse,
9 other than one receiving a grant of financial aid under
10 Article IV of The Illinois Public Aid Code, on whose behalf
11 an application has been made and approved for support
12 services as provided by Section 10-1 of that Code, the court
13 shall impose a collection fee on the individual who owes a
14 child or spouse support obligation in an amount equal to 10%
15 of the amount so owed as long as such collection is required
16 by federal law, which fee shall be in addition to the support
17 obligation. The imposition of such fee shall be in
18 accordance with provisions of Title IV, Part D, of the Social
19 Security Act and regulations duly promulgated thereunder.
20 The fee shall be payable to the clerk of the circuit court
21 for transmittal to the Illinois Department of Public Aid and
22 shall continue until support services are terminated by that
23 Department, except as otherwise provided in this subsection.
24 If a collection fee is imposed under this subsection and
25 if, on or after the effective date of this amendatory Act of
26 1997, the child or spouse receives support services under
27 Section 7.5 of the Attorney General Act, the fee shall be
28 payable to the clerk of the circuit court for transmittal to
29 the Attorney General and shall continue until support
30 services are terminated by the Attorney General. Nothing in
31 this amendatory Act of 1997 shall be construed to affect the
32 validity of any collection fee imposed in accordance with the
33 first paragraph of this subsection.
-189- LRB9004624DJbd
1 (b) In all cases instituted on or after the effective
2 date of this amendatory Act of 1997 by the Attorney General
3 on behalf of a child or spouse, other than one receiving a
4 grant of financial aid under Article IV of the Illinois
5 Public Aid Code, on whose behalf an application has been made
6 and approved for support services as provided by Section 7.5
7 of the Attorney General Act, the court shall impose a
8 collection fee on the individual who owes a child or spouse
9 support obligation in an amount equal to 10% of the amount so
10 owed as long as such collection is required by federal law,
11 which fee shall be in addition to the support obligation.
12 The imposition of such fee shall be in accordance with
13 provisions of Title IV, Part D, of the Social Security Act
14 and regulations duly promulgated thereunder. The fee shall
15 be payable to the clerk of the circuit court for transmittal
16 to the Attorney General and shall continue until support
17 services are terminated by the Attorney General.
18 (Source: P.A. 82-979.)
19 (750 ILCS 15/12) (from Ch. 40, par. 1115)
20 Sec. 12. Whenever it is determined in a proceeding to
21 establish or enforce a child support or maintenance
22 obligation that the person owing a duty of support is
23 unemployed, the court may order the person to seek employment
24 and report periodically to the court with a diary, listing or
25 other memorandum of his or her efforts in accordance with
26 such order. Additionally, the court may order the unemployed
27 person to report to the Department of Employment Security for
28 job search services or to make application with the local
29 Jobs Training Partnership Act provider for participation in
30 job search, training or work programs and where the duty of
31 support is owed to a child receiving support services under
32 Article X of The Illinois Public Aid Code or Sections 7.1
33 through 7.250 of the Attorney General Act, as amended, the
-190- LRB9004624DJbd
1 court may order the unemployed person to report to the
2 Illinois Department of Public Aid (before July 1, 1997) or
3 the Department of Human Services (after June 30, 1997) for
4 participation in job search, training or work programs
5 established under Section 9-6 of that Code.
6 (Source: P.A. 85-1155.)
7 Section 60. The Revised Uniform Reciprocal Enforcement
8 of Support Act is amended by changing Sections 15a, 17, 24,
9 24.1, 26.1, 29, 29A, and 29B as follows:
10 (750 ILCS 20/15a) (from Ch. 40, par. 1215a)
11 Sec. 15a. Public Aid Collection Fee.
12 (a) In all cases instituted before the effective date of
13 this amendatory Act of 1997 by the Illinois Department of
14 Public Aid on behalf of a child or spouse, other than one
15 receiving a grant of financial aid under Article IV of The
16 Illinois Public Aid Code, on whose behalf an application has
17 been made and approved for support services as provided by
18 Section 10-1 of that Code, the court shall impose a
19 collection fee on the individual who owes a child or spouse
20 support obligation in an amount equal to 10% of the amount so
21 owed as long as such collection is required by federal law,
22 which fee shall be in addition to the support obligation. The
23 imposition of such fee shall be in accordance with provisions
24 of Title IV, Part D, of the Social Security Act and
25 regulations duly promulgated thereunder. The fee shall be
26 payable to the clerk of the circuit court for transmittal to
27 the Illinois Department of Public Aid and shall continue
28 until support services are terminated by that Department,
29 except as otherwise provided in this subsection.
30 If a collection fee is imposed under this subsection and
31 if, on or after the effective date of this amendatory Act of
32 1997, the child or spouse receives support services under
-191- LRB9004624DJbd
1 Section 7.5 of the Attorney General Act, the fee shall be
2 payable to the clerk of the circuit court for transmittal to
3 the Attorney General and shall continue until support
4 services are terminated by the Attorney General. Nothing in
5 this amendatory Act of 1997 shall be construed to affect the
6 validity of any collection fee imposed in accordance with the
7 first paragraph of this subsection.
8 (b) In all cases instituted on or after the effective
9 date of this amendatory Act of 1997 by the Attorney General
10 on behalf of a child or spouse, other than one receiving a
11 grant of financial aid under Article IV of the Illinois
12 Public Aid Code, on whose behalf an application has been made
13 and approved for support services as provided by Section 7.5
14 of the Attorney General Act, the court shall impose a
15 collection fee on the individual who owes a child or spouse
16 support obligation in an amount equal to 10% of the amount so
17 owed as long as such collection is required by federal law,
18 which fee shall be in addition to the support obligation.
19 The imposition of such fee shall be in accordance with
20 provisions of Title IV, Part D, of the Social Security Act
21 and regulations duly promulgated thereunder. The fee shall
22 be payable to the clerk of the circuit court for transmittal
23 to the Attorney General and shall continue until support
24 services are terminated by the Attorney General.
25 (Source: P.A. 82-979.)
26 (750 ILCS 20/17) (from Ch. 40, par. 1217)
27 Sec. 17. State Information Agency.
28 (a) Before the effective date of this amendatory Act of
29 1997, the State Department of Public Aid is designated as the
30 state information agency under this Act. On and after the
31 effective date of this amendatory Act of 1997, the Attorney
32 General is designated as the state information agency under
33 this Act. The state information agency, it shall:
-192- LRB9004624DJbd
1 (1) compile a list of the courts and their addresses in
2 this State having jurisdiction under this Act and transmit it
3 to the state information agency of every other state which
4 has adopted this or a substantially similar Act. Upon the
5 adjournment of each session of the General Assembly the
6 agency shall distribute copies of any amendments to the Act
7 and a statement of their effective date to all other state
8 information agencies;
9 (2) maintain a register of lists of courts received from
10 other states and transmit copies thereof promptly to every
11 court in this state having jurisdiction under this Act; and
12 (3) forward to the court in this State which has
13 jurisdiction over the obligor or his property petitions,
14 certificates and copies of the Act it receives from courts or
15 information agencies of other states.
16 (b) If the state information agency does not know the
17 location of the obligor or his property in the state and no
18 state location service is available it shall use all means at
19 its disposal to obtain this information, including the
20 examination of official records in the state and other
21 sources such as telephone directories, real property records,
22 vital statistics records, police records, requests for the
23 name and address from employers who are able or willing to
24 cooperate, records of motor vehicle license offices, requests
25 made to the tax offices both state and federal where such
26 offices are able to cooperate, and requests made to the
27 Social Security Administration as permitted by the Social
28 Security Act as amended.
29 (c) After the deposit of 3 copies of the petition and
30 certificate and one copy of the Act of the initiating state
31 with the clerk of the appropriate court, if the state
32 information agency knows or believes that the prosecuting
33 attorney is not prosecuting the case diligently it shall
34 inform the Attorney General who may undertake the
-193- LRB9004624DJbd
1 representation.
2 (Source: P.A. 76-1090.)
3 (750 ILCS 20/24) (from Ch. 40, par. 1224)
4 Sec. 24. Order of Support. If the responding court finds
5 a duty of support it may order the obligor to furnish support
6 or reimbursement therefor and subject the property of the
7 obligor to the order.
8 Any new or existing support order entered by a court or
9 administrative body of this or any other State shall be
10 deemed to be a series of judgments against the person
11 obligated to pay support thereunder, each such judgment to be
12 in the amount of each payment or installment of support and
13 each such judgment to be deemed entered as of the date the
14 corresponding payment or installment becomes due under the
15 terms of the support order. Each such judgment shall:
16 (1) have the full force, effect, and attributes of
17 any other judgment of such State, including the ability
18 to be enforced;
19 (2) be entitled as a judgment to full faith and
20 credit in this and any other State; and
21 (3) not be subject to retroactive modification by
22 this or any other State; except that modification is
23 permitted with respect to any period during which there
24 is pending a petition for modification, but only from the
25 date that notice of such petition has been given in
26 accordance with law.
27 Where the terms of a support order entered by a court or
28 administrative body of this or any other State are subject to
29 modification, or where action is not based upon such order,
30 the Illinois court shall determine the amount of maintenance
31 or child support by using the guidelines and standards set
32 forth in Section 504, or in subsection (a) of Section 505 and
33 in Section 505.2 of the Illinois Marriage and Dissolution of
-194- LRB9004624DJbd
1 Marriage Act, respectively.
2 When no prior support order exists, but the court finds a
3 duty of support and enters an order for current support, the
4 court may enter an order for payment of support for a period
5 before the date the order for current support is entered.
6 Support for the prior period shall be determined by using the
7 guidelines and standards set forth in Section 504, or in
8 subsection (a) of Section 505, and in Section 505.2 of the
9 Illinois Marriage and Dissolution of Marriage Act. For
10 purposes of determining the amount of support to be paid for
11 the prior period, there is a rebuttable presumption that the
12 obligor's net income for that period was the same as his or
13 her net income at the time the order for current support is
14 entered.
15 Support orders made pursuant to this Act shall require
16 that payments be made to the clerk of the court of the
17 responding state. The court and prosecuting attorney of any
18 county in which the obligor is present or has property have
19 the same powers and duties to enforce the order as have those
20 of the county in which it was first issued. If enforcement is
21 impossible or cannot be completed in the county in which the
22 order was issued, the prosecuting attorney shall send a
23 certified copy of the order to the prosecuting attorney of
24 any county in which it appears that proceedings to enforce
25 the order would be effective. The prosecuting attorney to
26 whom the certified copy of the order is forwarded shall
27 proceed with enforcement and report the results of the
28 proceedings to the court first issuing the order.
29 A one-time charge of 20% is imposable upon the amount of
30 past-due child support owed on July 1, 1988 which has accrued
31 under a support order entered by the court. The charge shall
32 be imposed in accordance with the provisions of Section 10-21
33 of the Illinois Public Aid Code and shall be enforced by the
34 court upon petition. On and after the effective date of this
-195- LRB9004624DJbd
1 amendatory Act of 1997, the Attorney General may collect, on
2 behalf of the Illinois Department of Public Aid, any charge
3 imposed in accordance with this paragraph. Nothing in this
4 amendatory Act of 1997 shall be construed to affect the
5 validity of any charge imposed in accordance with this
6 paragraph.
7 A court or administrative body of this State may modify a
8 support order of another state only if that other state no
9 longer has continuing, exclusive jurisdiction of the
10 proceeding in which the support order was entered. The order
11 must be registered under Section 609 of the Uniform
12 Interstate Family Support Act and may be modified only if
13 permitted under Section 611 of the Uniform Interstate Family
14 Support Act.
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 Article X of the Illinois Public Aid Code or Sections
18 7.1 through 7.250 of the Attorney General Act shall include a
19 provision requiring the non-custodial parent to notify the
20 Illinois Department of Public Aid (before the effective date
21 of this amendatory Act of 1997) or the Attorney General (on
22 and after that date), within 7 days, of the name and address
23 of any new employer of the non-custodial parent, whether the
24 non-custodial parent has access to health insurance coverage
25 through the employer or other group coverage, and, if so, the
26 policy name and number and the names of persons covered under
27 the policy.
28 An order for support shall include a date on which the
29 current support obligation terminates. The termination date
30 shall be no earlier than the date on which the child covered
31 by the order will attain the age of majority or is otherwise
32 emancipated. The order for support shall state that the
33 termination date does not apply to any arrearage that may
34 remain unpaid on that date. Nothing in this paragraph shall
-196- LRB9004624DJbd
1 be construed to prevent the court from modifying the order.
2 (Source: P.A. 88-307; 88-550 (eff. date changed from 1-1-95
3 to 1-1-96 on 1-24-95 by P.A. 88-691); 88-687, eff. 1-24-95.)
4 (750 ILCS 20/24.1) (from Ch. 40, par. 1224.1)
5 Sec. 24.1. Whenever it is determined in a proceeding to
6 establish or enforce a child support or maintenance
7 obligation that the person owing a duty of support is
8 unemployed, the court may order the person to seek employment
9 and report periodically to the court with a diary, listing or
10 other memorandum of his or her efforts in accordance with
11 such order. Additionally, the court may order the unemployed
12 person to report to the Department of Employment Security for
13 job search services or to make application with the local
14 Jobs Training Partnership Act provider for participation in
15 job search, training or work programs and where the duty of
16 support is owed to a child receiving support services under
17 Article X of The Illinois Public Aid Code or Sections 7.1
18 through 7.250 of the Attorney General Act, as amended, the
19 court may order the unemployed person to report to the
20 Illinois Department of Public Aid (before July 1, 1997) or
21 the Department of Human Services (after June 30, 1997) for
22 participation in job search, training or work programs
23 established under Section 9-6 of that Code.
24 (Source: P.A. 85-1155.)
25 (750 ILCS 20/26.1) (from Ch. 40, par. 1226.1)
26 (Text of Section before amendment by P.A. 89-507)
27 Sec. 26.1. Withholding of Income to Secure Payment of
28 Support.
29 (A) Definitions.
30 (1) "Order for support" means any order of the court
31 which provides for periodic payment of funds for the support
32 of a child or maintenance of a spouse, whether temporary or
-197- LRB9004624DJbd
1 final, and includes any such order which provides for:
2 (a) modification or resumption of, or payment of
3 arrearage accrued under, a previously existing order;
4 (b) reimbursement of support; or
5 (c) enrollment in a health insurance plan that is
6 available to the obligor through an employer or labor
7 union or trade union.
8 (2) "Arrearage" means the total amount of unpaid support
9 obligations.
10 (3) "Delinquency" means any payment under an order for
11 support which becomes due and remains unpaid after an order
12 for withholding has been entered under subsection (B) or, for
13 purposes of subsection (K), after the last order for support
14 was entered for which no order for withholding was entered.
15 (4) "Income" means any form of periodic payment to an
16 individual, regardless of source, including, but not limited
17 to: wages, salary, commission, compensation as an independent
18 contractor, workers' compensation, disability, annuity and
19 retirement benefits, lottery prize awards, insurance
20 proceeds, vacation pay, bonuses, profit-sharing payments and
21 any other payments, made by any person, private entity,
22 federal or state government, any unit of local government,
23 school district or any entity created by Public Act; however,
24 "income" excludes:
25 (a) any amounts required by law to be withheld,
26 other than creditor claims, including, but not limited
27 to, federal, State and local taxes, Social Security and
28 other retirement and disability contributions;
29 (b) union dues;
30 (c) any amounts exempted by the federal Consumer
31 Credit Protection Act;
32 (d) public assistance payments; and
33 (e) unemployment insurance benefits except as
34 provided by law.
-198- LRB9004624DJbd
1 Any other State or local laws which limit or exempt
2 income or the amount or percentage of income that can be
3 withheld shall not apply.
4 (5) "Obligor" means the individual who owes a duty to
5 make payments under an order for support.
6 (6) "Obligee" means the individual to whom a duty of
7 support is owed or the individual's legal representative.
8 (7) "Payor" means any payor of income to an obligor.
9 (8) "Public office" means any elected official or any
10 State or local agency which is or may become responsible by
11 law for enforcement of, or which is or may become authorized
12 to enforce, an order for support, including, but not limited
13 to: the Attorney General, the Illinois Department of Public
14 Aid, the Illinois Department of Mental Health and
15 Developmental Disabilities, the Illinois Department of
16 Children and Family Services, and the various State's
17 Attorneys, Clerks of the Circuit Court and supervisors of
18 general assistance.
19 (9) "Premium" means the dollar amount for which the
20 obligor is liable to his employer or labor union or trade
21 union and which must be paid to enroll or maintain a child in
22 a health insurance plan that is available to the obligor
23 through an employer or labor union or trade union.
24 (B) Entry of an Order for Withholding.
25 (1) Upon entry of any order for support on or after
26 January 1, 1984, the court shall enter a separate order for
27 withholding which shall not take effect unless the obligor
28 becomes delinquent in paying the order for support or the
29 obligor requests an earlier effective date; except that the
30 court may require the order for withholding to take effect
31 immediately.
32 On or after January 1, 1989, the court shall require the
33 order for withholding to take effect immediately, unless a
34 written agreement is reached between and signed by both
-199- LRB9004624DJbd
1 parties providing for an alternative arrangement, approved
2 and entered into the record by the court, which insures
3 payment of support. In that case, the court shall enter the
4 order for withholding which will not take effect unless the
5 obligor becomes delinquent in paying the order for support.
6 Upon entry of any order of support on or after September
7 11, 1989, if the obligor is not a United States citizen, the
8 obligor shall provide to the court the obligor's alien
9 registration number, passport number, and home country's
10 social security or national health number, if applicable; the
11 court shall make the information part of the record in the
12 case.
13 (2) An order for withholding shall be entered upon
14 petition by the obligee or public office where an order for
15 withholding has not been previously entered.
16 (3) The order for withholding shall:
17 (a) direct any payor to withhold a dollar amount
18 equal to the order for support; and
19 (b) direct any payor to withhold an additional
20 dollar amount, not less than 20% of the order for
21 support, until payment in full of any delinquency stated
22 in the notice of delinquency provided for in subsection
23 (C) or (F) of this Section; and
24 (c) direct any payor or labor union or trade union
25 to enroll a child as a beneficiary of a health insurance
26 plan and withhold or cause to be withheld, if applicable,
27 any required premiums; and
28 (d) state the rights, remedies and duties of the
29 obligor under this Section; and
30 (e) include the obligor's Social Security Number,
31 which the obligor shall disclose to the court; and
32 (f) include the date that withholding for current
33 support terminates, which shall be the date of
34 termination of the current support obligation set forth
-200- LRB9004624DJbd
1 in the order for support.
2 (4) At the time the order for withholding is entered,
3 the Clerk of the Circuit Court shall provide a copy of the
4 order for withholding and the order for support to the
5 obligor and shall make copies available to the obligee and
6 public office. Any copy of the order for withholding
7 furnished to the parties under this subsection shall be
8 stamped "Not Valid".
9 (5) The order for withholding shall remain in effect for
10 as long as the order for support upon which it is based.
11 (6) The failure of an order for withholding to state an
12 arrearage is not conclusive of the issue of whether an
13 arrearage is owing.
14 (7) Notwithstanding the provisions of this subsection,
15 if the court finds at the time of any hearing that an
16 arrearage has accrued in an amount equal to at least one
17 month's support obligation or that the obligor is 30 days
18 late in paying all or part of the order for support, the
19 court shall order immediate service of the order for
20 withholding upon the payor.
21 (8) Where the court has not required that the order for
22 withholding take effect immediately, the obligee or public
23 office may prepare and serve a notice for immediate
24 withholding upon the obligor by ordinary mail addressed to
25 the obligor at his or her last known address. The notice
26 shall state that the following circumstances have occurred:
27 (a) The parties' written agreement providing an
28 alternative arrangement to immediate withholding under
29 paragraph (1) of this subsection no longer provides for
30 timely payment of all support due; or
31 (b) The obligor has not made timely payments in
32 that the obligor has been at least 7 days late in paying
33 all or part of the order for support any of the last 6
34 consecutive dates payments were due prior to the date of
-201- LRB9004624DJbd
1 the notice for immediate withholding.
2 The notice for immediate withholding shall clearly state
3 that a specially certified copy of the order for withholding
4 will be sent to the payor, unless the obligor files a
5 petition contesting immediate withholding within 20 days
6 after service of the notice; however, the grounds for the
7 petition shall be limited to a dispute concerning whether the
8 circumstances stated in the notice have occurred or the
9 identity of the obligor. It shall not be grounds for the
10 petition that the obligor has made all payments due by the
11 date of the petition.
12 If the obligor files a petition contesting immediate
13 withholding within the 20-day period required under this
14 paragraph, the Clerk of the Circuit Court shall notify the
15 obligor and the obligee or public office, as appropriate, of
16 the time and place of the hearing on the petition. Upon
17 hearing the petition, the court shall enter an order granting
18 or denying relief. It shall not be grounds for granting the
19 obligor's petition that he or she has made all payments due
20 by the date of hearing. If the court denies the obligor's
21 petition, it shall order immediate service of the order for
22 withholding and direct the clerk to provide a specially
23 certified copy of the order for withholding to the obligee or
24 public office indicating that the requirements for immediate
25 withholding under this paragraph have been met.
26 If the obligor does not file a petition contesting
27 immediate withholding within the 20-day period, the obligee
28 or public office shall file with the Clerk of the Circuit
29 Court an affidavit, with a copy of the notice for immediate
30 withholding attached thereto, stating that the notice was
31 duly served and the date on which service was effected, and
32 that the obligor has not filed a petition contesting
33 immediate withholding. The clerk shall then provide to the
34 obligee or public office a specially certified copy of the
-202- LRB9004624DJbd
1 order for withholding indicating that the requirements for
2 immediate withholding under this paragraph have been met.
3 Upon receipt of a specially certified copy of the order
4 for withholding, the obligee or public office may serve the
5 order on the payor, its superintendent, manager or other
6 agent, by certified mail or personal delivery. A proof of
7 service shall be filed with the Clerk of the Circuit Court.
8 (C) Notice of Delinquency.
9 (1) Whenever an obligor becomes delinquent in payment of
10 an amount equal to at least one month's support obligation
11 pursuant to the order for support or is at least 30 days late
12 in complying with all or part of the order for support,
13 whichever occurs first, the obligee or public office may
14 prepare and serve a verified notice of delinquency, together
15 with a form petition to stay service, pursuant to paragraph
16 (3) of this subsection.
17 (2) The notice of delinquency shall recite the terms of
18 the order for support and contain a computation of the period
19 and total amount of the delinquency, as of the date of the
20 notice. The notice shall clearly state that it will be sent
21 to the payor, together with a specially certified copy of the
22 order for withholding, except as provided in subsection (F),
23 unless the obligor files a petition to stay service in
24 accordance with paragraph (1) of subsection (D).
25 (3) The notice of delinquency shall be served by
26 ordinary mail addressed to the obligor at his or her last
27 known address.
28 (4) The obligor may execute a written waiver of the
29 provisions of paragraphs (1) through (3) of this subsection
30 and request immediate service upon the payor.
31 (D) Procedures to Avoid Income Withholding.
32 (1) Except as provided in subsection (F), the obligor
33 may prevent an order for withholding from being served by
-203- LRB9004624DJbd
1 filing a petition to stay service with the Clerk of the
2 Circuit Court, within 20 days after service of the notice of
3 delinquency; however, the grounds for the petition to stay
4 service shall be limited to a dispute concerning: (a) the
5 amount of current support or the existence or amount of the
6 delinquency; or (b) the identity of the obligor.
7 The Clerk of the Circuit Court shall notify the obligor
8 and the obligee or public office, as appropriate, of the time
9 and place of the hearing on the petition to stay service. The
10 court shall hold such hearing pursuant to the provisions of
11 subsection (H).
12 (2) Except as provided in subsection (F), filing of a
13 petition to stay service, within the 20-day period required
14 under this subsection, shall prohibit the obligee or public
15 office from serving the order for withholding on any payor of
16 the obligor.
17 (E) Initial Service of Order for Withholding.
18 (1) Except as provided in subsection (F), in order to
19 serve an order for withholding upon a payor, an obligee or
20 public office shall follow the procedures set forth in this
21 subsection. After 20 days following service of the notice of
22 delinquency, the obligee or public office shall file with the
23 Clerk of the Circuit Court an affidavit, with the copy of the
24 notice of delinquency attached thereto, stating:
25 (a) that the notice of delinquency has been duly
26 served and the date on which service was effected; and
27 (b) that the obligor has not filed a petition to
28 stay service, or in the alternative
29 (c) that the obligor has waived the provisions of
30 subparagraphs (a) and (b) of this paragraph (1) in
31 accordance with subsection (C)(4).
32 (2) Upon request of the obligee or public office, the
33 Clerk of the Circuit shall: (a) make available any record of
34 payment; and (b) determine that the file contains a copy of
-204- LRB9004624DJbd
1 the affidavit described in paragraph (1). The Clerk shall
2 then provide to the obligee or public office a specially
3 certified copy of the order for withholding and the notice of
4 delinquency indicating that the preconditions for service
5 have been met.
6 (3) The obligee or public office may then serve the
7 notice of delinquency and order for withholding on the payor,
8 its superintendent, manager or other agent, by certified mail
9 or personal delivery. A proof of service shall be filed with
10 the Clerk of the Circuit Court.
11 (F) Subsequent Service of Order for Withholding.
12 (1) Notwithstanding the provisions of this Section, at
13 any time after the court has ordered immediate service of an
14 order for withholding or after initial service of an order
15 for withholding pursuant to subsection (E), the obligee or
16 public office may serve the order for withholding upon any
17 payor of the obligor without further notice to the obligor.
18 The obligee or public office shall provide notice to the
19 payor, pursuant to paragraph (6) of subsection (I), of any
20 payments that have been made through previous withholding or
21 any other method.
22 (2) The Clerk of the Circuit Court shall, upon request,
23 provide the obligee or public office with specially certified
24 copies of the order for withholding or the notice of
25 delinquency or both whenever the Court has ordered immediate
26 service of an order for withholding or an affidavit has been
27 placed in the court file indicating that the preconditions
28 for service have been previously met. The obligee or public
29 office may then serve the order for withholding on the payor,
30 its superintendent, manager or other agent by certified mail
31 or personal delivery. A proof of service shall be filed with
32 the Clerk of the Circuit Court.
33 (3) If a delinquency has accrued for any reason, the
34 obligee or public office may serve a notice of delinquency
-205- LRB9004624DJbd
1 upon the obligor pursuant to subsection (C). The obligor may
2 prevent the notice of delinquency from being served upon the
3 payor by utilizing the procedures set forth in subsection
4 (D). If no petition to stay service has been filed within the
5 required 20 day time period, the obligee or public office may
6 serve the notice of delinquency on the payor by utilizing the
7 procedures for service set forth in subsection (E).
8 (G) Duties of Payor.
9 (1) It shall be the duty of any payor who has been
10 served with a copy of the specially certified order for
11 withholding and any notice of delinquency to deduct and pay
12 over income as provided in this subsection. The payor shall
13 deduct the amount designated in the order for withholding, as
14 supplemented by the notice of delinquency and any notice
15 provided pursuant to paragraph (6) of subsection (I),
16 beginning no later than the next payment of income which is
17 payable to the obligor that occurs 14 days following the date
18 the order and any notice were mailed by certified mail or
19 placed for personal delivery. The payor may combine all
20 amounts withheld for the benefit of an obligee or public
21 office into a single payment and transmit the payment with a
22 listing of obligors from whom withholding has been effected.
23 The payor shall pay the amount withheld to the obligee or
24 public office within 10 calendar days of the date income is
25 paid to the obligor in accordance with the order for
26 withholding and any subsequent notification received from the
27 public office redirecting payments. If the payor knowingly
28 fails to pay any amount withheld to the obligee or public
29 office within 10 calendar days of the date income is paid to
30 the obligor, the payor shall pay a penalty of $100 for each
31 day that the withheld amount is not paid to the obligee or
32 public office after the period of 10 calendar days has
33 expired. The failure of a payor, on more than one occasion,
34 to pay amounts withheld to the obligee or public office
-206- LRB9004624DJbd
1 within 10 calendar days of the date income is paid to the
2 obligor creates a presumption that the payor knowingly failed
3 to pay the amounts. This penalty may be collected in a civil
4 action which may be brought against the payor in favor of the
5 obligee. For purposes of this Section, a withheld amount
6 shall be considered paid by a payor on the date it is mailed
7 by the payor, or on the date an electronic funds transfer of
8 the amount has been initiated by the payor, or on the date
9 delivery of the amount has been initiated by the payor. For
10 each deduction, the payor shall provide the obligee or public
11 office, at the time of transmittal, with the date income was
12 paid from which support was withheld.
13 Upon receipt of an order requiring that a minor child be
14 named as a beneficiary of a health insurance plan available
15 through an employer or labor union or trade union, the
16 employer or labor union or trade union shall immediately
17 enroll the minor child as a beneficiary in the the health
18 insurance plan designated by the court order. The employer
19 shall withhold any required premiums and pay over any amounts
20 so withheld and any additional amounts the employer pays to
21 the insurance carrier in a timely manner. The employer or
22 labor union or trade union shall mail to the obligee, within
23 15 days of enrollment or upon request, notice of the date of
24 coverage, information on the dependent coverage plan, and all
25 forms necessary to obtain reimbursement for covered health
26 expenses, such as would be made available to a new employee.
27 When an order for dependent coverage is in effect and the
28 insurance coverage is terminated or changed for any reason,
29 the employer or labor union or trade union shall notify the
30 obligee within 10 days of the termination or change date
31 along with notice of conversion privileges.
32 For withholding of income, the payor shall be entitled to
33 receive a fee not to exceed $5 per month to be taken from the
34 income to be paid to the obligor.
-207- LRB9004624DJbd
1 (2) Whenever the obligor is no longer receiving income
2 from the payor, the payor shall return a copy of the order
3 for withholding to the obligee or public office and shall
4 provide information for the purpose of enforcing this
5 Section.
6 (3) Withholding of income under this Section shall be
7 made without regard to any prior or subsequent garnishments,
8 attachments, wage assignments, or any other claims of
9 creditors. Withholding of income under this Section shall
10 not be in excess of the maximum amounts permitted under the
11 federal Consumer Credit Protection Act. If the payor has been
12 served with more than one order for withholding pertaining to
13 the same obligor, the payor shall allocate income available
14 for withholding on a proportionate share basis, giving
15 priority to current support payments. If there is any income
16 available for withholding after withholding for all current
17 support obligations, the payor shall allocate the income to
18 past due support payments ordered in non-AFDC matters and
19 then to past due support payments ordered in AFDC matters,
20 both on a proportionate share basis. Payment as required by
21 the order for withholding shall be a complete defense by the
22 payor against any claims of the obligor or his creditors as
23 to the sum so paid.
24 (4) No payor shall discharge, discipline, refuse to hire
25 or otherwise penalize any obligor because of the duty to
26 withhold income.
27 (H) Petitions to Stay Service or to Modify, Suspend or
28 Terminate Orders for Withholding.
29 (1) When an obligor files a petition to stay service,
30 the court, after due notice to all parties, shall hear the
31 matter as soon as practicable and shall enter an order
32 granting or denying relief, amending the notice of
33 delinquency, amending the order for withholding where
34 applicable, or otherwise resolving the matter. If the court
-208- LRB9004624DJbd
1 finds that a delinquency existed when the notice of
2 delinquency was served upon the obligor, in an amount of at
3 least one month's support obligation, or that the obligor was
4 at least 30 days late in paying all or part of the order for
5 support, the court shall order immediate service of the order
6 for withholding. Where the court cannot promptly resolve any
7 dispute over the amount of the delinquency, the court may
8 order immediate service of the order for withholding as to
9 any undisputed amounts specified in an amended notice of
10 delinquency, and may continue the hearing on the disputed
11 amounts.
12 (2) At any time, an obligor, obligee, public office or
13 Clerk of the Circuit Court may petition the court to:
14 (a) modify, suspend or terminate the order for
15 withholding because of a modification, suspension or
16 termination of the underlying order for support; or
17 (b) modify the amount of income to be withheld to
18 reflect payment in full or in part of the delinquency or
19 arrearage by income withholding or otherwise; or
20 (c) suspend the order for withholding because of
21 inability to deliver income withheld to the obligee due
22 to the obligee's failure to provide a mailing address or
23 other means of delivery.
24 (3) The obligor, obligee or public office shall serve on
25 the payor, by certified mail or personal delivery, a copy of
26 any order entered pursuant to this subsection that affects
27 the duties of the payor.
28 (4) At any time, a public office or Clerk of the Circuit
29 Court may serve a notice on the payor to:
30 (a) cease withholding of income for payment of
31 current support for a child when the support obligation
32 for that child has automatically ceased under the order
33 for support through emancipation or otherwise; or
34 (b) cease withholding of income for payment of
-209- LRB9004624DJbd
1 delinquency or arrearage when the delinquency or
2 arrearage has been paid in full.
3 (5) The notice provided for under paragraph (4) of this
4 subsection shall be served on the payor by ordinary mail, and
5 a copy shall be provided to the obligor and the obligee. A
6 copy of the notice shall be filed with the Clerk of the
7 Circuit Court.
8 (6) The order for withholding shall continue to be
9 binding upon the payor until service of any order of the
10 court or notice entered or provided for under this
11 subsection.
12 (I) Additional Duties.
13 (1) An obligee who is receiving income withholding
14 payments under this Section shall notify the payor, if the
15 obligee receives the payments directly from the payor, or the
16 public office or the Clerk of the Circuit Court, as
17 appropriate, of any change of address within 7 days of such
18 change.
19 (2) An obligee who is a recipient of public aid shall
20 send a copy of any notice of delinquency filed pursuant to
21 subsection (C) to the Bureau of Child Support of the Illinois
22 Department of Public Aid.
23 (3) Each obligor shall notify the obligee and the Clerk
24 of the Circuit Court of any change of address within 7 days.
25 (4) An obligor whose income is being withheld or who has
26 been served with a notice of delinquency pursuant to this
27 Section shall notify the obligee and the Clerk of the Circuit
28 Court of any new payor, within 7 days.
29 (5) When the Illinois Department of Public Aid is no
30 longer authorized to receive payments for the obligee, it
31 shall, within 7 days, notify the payor or, where appropriate,
32 the Clerk of the Circuit Court, to redirect income
33 withholding payments to the obligee.
34 (6) The obligee or public office shall provide notice to
-210- LRB9004624DJbd
1 the payor and Clerk of the Circuit Court of any other support
2 payment made, including but not limited to, a set-off under
3 federal and State law or partial payment of the delinquency
4 or arrearage, or both.
5 (7) Any public office and Clerk of the Circuit Court
6 which collects, disburses or receives payments pursuant to
7 orders for withholding shall maintain complete, accurate, and
8 clear records of all payments and their disbursements.
9 Certified copies of payment records maintained by a public
10 office or Clerk of the Circuit Court shall, without further
11 proof, be admitted into evidence in any legal proceedings
12 under this Section.
13 (8) The Illinois Department of Public Aid (before the
14 effective date of this amendatory Act of 1997) or the
15 Attorney General (on and after that date) shall design
16 suggested legal forms for proceeding under this Section and
17 shall make available to the courts such forms and
18 informational materials which describe the procedures and
19 remedies set forth herein for distribution to all parties in
20 support actions.
21 (9) At the time of transmitting each support payment,
22 the clerk of the circuit court shall provide the obligee or
23 public office, as appropriate, with any information furnished
24 by the payor as to the date income was paid from which such
25 support was withheld.
26 (J) Penalties.
27 (1) Where a payor wilfully fails to withhold or pay over
28 income pursuant to a properly served, specially certified
29 order for withholding and any notice of delinquency, or
30 wilfully discharges, disciplines, refuses to hire or
31 otherwise penalizes an obligor as prohibited by subsection
32 (G), or otherwise fails to comply with any duties imposed by
33 this Section, the obligee, public office or obligor, as
34 appropriate, may file a complaint with the court against the
-211- LRB9004624DJbd
1 payor. The clerk of the circuit court shall notify the
2 obligee or public office, as appropriate, and the obligor and
3 payor of the time and place of the hearing on the complaint.
4 The court shall resolve any factual dispute including, but
5 not limited to, a denial that the payor is paying or has paid
6 income to the obligor. Upon a finding in favor of the
7 complaining party, the court:
8 (a) shall enter judgment and direct the enforcement
9 thereof for the total amount that the payor wilfully
10 failed to withhold or pay over; and
11 (b) may order employment or reinstatement of or
12 restitution to the obligor, or both, where the obligor
13 has been discharged, disciplined, denied employment or
14 otherwise penalized by the payor and may impose a fine
15 upon the payor not to exceed $200.
16 (2) Any obligee, public office or obligor who wilfully
17 initiates a false proceeding under this Section or who
18 wilfully fails to comply with the requirements of this
19 Section shall be punished as in cases of contempt of court.
20 (K) Alternative Procedures for Entry and Service of an Order
21 for Withholding.
22 (1) Effective January 1, 1987, in any matter in which an
23 order for withholding has not been entered for any reason,
24 based upon the last order for support that has been entered,
25 and in which the obligor has become delinquent in payment of
26 an amount equal to at least one month's support obligation
27 pursuant to the last order for support or is at least 30 days
28 late in complying with all or part of the order for support,
29 the obligee or public office may prepare and serve an order
30 for withholding pursuant to the procedures set forth in this
31 subsection.
32 (2) The obligee or public office shall:
33 (a) prepare a proposed order for withholding for
34 immediate service as provided by paragraphs (1) and (3)
-212- LRB9004624DJbd
1 of subsection (B), except that the minimum 20%
2 delinquency payment shall be used;
3 (b) prepare a notice of delinquency as provided by
4 paragraphs (1) and (2) of subsection (C), except the
5 notice shall state further that the order for withholding
6 has not been entered by the court and the conditions
7 under which the order will be entered; and
8 (c) serve the notice of delinquency and form
9 petition to stay service as provided by paragraph (3) of
10 subsection (C), together with the proposed order for
11 withholding, which shall be marked "COPY ONLY".
12 (3) After 20 days following service of the notice of
13 delinquency and proposed order for withholding, in lieu of
14 the provisions of subsection (E), the obligee or public
15 office shall file with the Clerk of the Circuit Court an
16 affidavit, with a copy of the notice of delinquency and
17 proposed order for withholding attached thereto, stating
18 that:
19 (a) the notice of delinquency and proposed order
20 for withholding have been served upon the obligor and the
21 date on which service was effected;
22 (b) the obligor has not filed a petition to stay
23 service within 20 days of service of such notice and
24 order; and
25 (c) the proposed order for withholding accurately
26 states the terms and amounts contained in the last order
27 for support.
28 (4) Upon the court's satisfaction that the procedures
29 set forth in this subsection have been met, it shall enter
30 the order for withholding.
31 (5) The Clerk shall then provide to the obligee or
32 public office a specially certified copy of the order for
33 withholding and the notice of delinquency indicating that the
34 preconditions for service have been met.
-213- LRB9004624DJbd
1 (6) The obligee or public office shall serve the
2 specially certified copies of the order for withholding and
3 the notice of delinquency on the payor, its superintendent,
4 manager or other agent by certified mail or personal
5 delivery. A proof of service shall be filed with the Clerk
6 of the Circuit Court.
7 (7) If the obligor requests in writing that income
8 withholding become effective prior to becoming delinquent in
9 payment of an amount equal to one month's support obligation
10 pursuant to the last order for support, or prior to becoming
11 30 days late in paying all or part of the order for support,
12 the obligee or public office shall file an affidavit with the
13 Clerk of the circuit Court, with a proposed order for
14 withholding attached, stating that the proposed order
15 accurately states the terms and amounts contained in the last
16 order for support and the obligor's request for immediate
17 service. The provisions of paragraphs (4) through (6) of
18 this subsection shall apply, except that a notice of
19 delinquency shall not be required.
20 (8) All other provisions of this Section shall be
21 applicable with respect to the provisions of this subsection
22 (K), except that under paragraph (1) of subsection (H), the
23 court may also amend the proposed order for withholding to
24 conform to the last order for support.
25 (9) Nothing in this subsection shall be construed as
26 limiting the requirements of paragraph (1) of subsection (B)
27 with respect to the entry of a separate order for withholding
28 upon entry of any order for support.
29 (L) Remedies in Addition to Other Laws.
30 (1) The rights, remedies, duties and penalties created
31 by this Section are in addition to and not in substitution
32 for any other rights, remedies, duties and penalties created
33 by any other law.
34 (2) Nothing in this Section shall be construed as
-214- LRB9004624DJbd
1 invalidating any assignment of wages or benefits executed
2 prior to January 1, 1984.
3 (Source: P.A. 87-529; 87-935; 87-988; 87-1105; 88-26; 88-45;
4 88-94; 88-131; 88-307; 88-670, eff. 12-2-94.)
5 (Text of Section after amendment by P.A. 89-507)
6 Sec. 26.1. Withholding of Income to Secure Payment of
7 Support.
8 (A) Definitions.
9 (1) "Order for support" means any order of the court
10 which provides for periodic payment of funds for the support
11 of a child or maintenance of a spouse, whether temporary or
12 final, and includes any such order which provides for:
13 (a) modification or resumption of, or payment of
14 arrearage accrued under, a previously existing order;
15 (b) reimbursement of support; or
16 (c) enrollment in a health insurance plan that is
17 available to the obligor through an employer or labor
18 union or trade union.
19 (2) "Arrearage" means the total amount of unpaid support
20 obligations.
21 (3) "Delinquency" means any payment under an order for
22 support which becomes due and remains unpaid after an order
23 for withholding has been entered under subsection (B) or, for
24 purposes of subsection (K), after the last order for support
25 was entered for which no order for withholding was entered.
26 (4) "Income" means any form of periodic payment to an
27 individual, regardless of source, including, but not limited
28 to: wages, salary, commission, compensation as an independent
29 contractor, workers' compensation, disability, annuity and
30 retirement benefits, lottery prize awards, insurance
31 proceeds, vacation pay, bonuses, profit-sharing payments and
32 any other payments, made by any person, private entity,
33 federal or state government, any unit of local government,
-215- LRB9004624DJbd
1 school district or any entity created by Public Act; however,
2 "income" excludes:
3 (a) any amounts required by law to be withheld,
4 other than creditor claims, including, but not limited
5 to, federal, State and local taxes, Social Security and
6 other retirement and disability contributions;
7 (b) union dues;
8 (c) any amounts exempted by the federal Consumer
9 Credit Protection Act;
10 (d) public assistance payments; and
11 (e) unemployment insurance benefits except as
12 provided by law.
13 Any other State or local laws which limit or exempt
14 income or the amount or percentage of income that can be
15 withheld shall not apply.
16 (5) "Obligor" means the individual who owes a duty to
17 make payments under an order for support.
18 (6) "Obligee" means the individual to whom a duty of
19 support is owed or the individual's legal representative.
20 (7) "Payor" means any payor of income to an obligor.
21 (8) "Public office" means any elected official or any
22 State or local agency which is or may become responsible by
23 law for enforcement of, or which is or may become authorized
24 to enforce, an order for support, including, but not limited
25 to: the Attorney General, the Illinois Department of Public
26 Aid, the Illinois Department of Human Services, the Illinois
27 Department of Children and Family Services, and the various
28 State's Attorneys, Clerks of the Circuit Court and
29 supervisors of general assistance.
30 (9) "Premium" means the dollar amount for which the
31 obligor is liable to his employer or labor union or trade
32 union and which must be paid to enroll or maintain a child in
33 a health insurance plan that is available to the obligor
34 through an employer or labor union or trade union.
-216- LRB9004624DJbd
1 (B) Entry of an Order for Withholding.
2 (1) Upon entry of any order for support on or after
3 January 1, 1984, the court shall enter a separate order for
4 withholding which shall not take effect unless the obligor
5 becomes delinquent in paying the order for support or the
6 obligor requests an earlier effective date; except that the
7 court may require the order for withholding to take effect
8 immediately.
9 On or after January 1, 1989, the court shall require the
10 order for withholding to take effect immediately, unless a
11 written agreement is reached between and signed by both
12 parties providing for an alternative arrangement, approved
13 and entered into the record by the court, which insures
14 payment of support. In that case, the court shall enter the
15 order for withholding which will not take effect unless the
16 obligor becomes delinquent in paying the order for support.
17 Upon entry of any order of support on or after September
18 11, 1989, if the obligor is not a United States citizen, the
19 obligor shall provide to the court the obligor's alien
20 registration number, passport number, and home country's
21 social security or national health number, if applicable; the
22 court shall make the information part of the record in the
23 case.
24 (2) An order for withholding shall be entered upon
25 petition by the obligee or public office where an order for
26 withholding has not been previously entered.
27 (3) The order for withholding shall:
28 (a) direct any payor to withhold a dollar amount
29 equal to the order for support; and
30 (b) direct any payor to withhold an additional
31 dollar amount, not less than 20% of the order for
32 support, until payment in full of any delinquency stated
33 in the notice of delinquency provided for in subsection
34 (C) or (F) of this Section; and
-217- LRB9004624DJbd
1 (c) direct any payor or labor union or trade union
2 to enroll a child as a beneficiary of a health insurance
3 plan and withhold or cause to be withheld, if applicable,
4 any required premiums; and
5 (d) state the rights, remedies and duties of the
6 obligor under this Section; and
7 (e) include the obligor's Social Security Number,
8 which the obligor shall disclose to the court; and
9 (f) include the date that withholding for current
10 support terminates, which shall be the date of
11 termination of the current support obligation set forth
12 in the order for support.
13 (4) At the time the order for withholding is entered,
14 the Clerk of the Circuit Court shall provide a copy of the
15 order for withholding and the order for support to the
16 obligor and shall make copies available to the obligee and
17 public office. Any copy of the order for withholding
18 furnished to the parties under this subsection shall be
19 stamped "Not Valid".
20 (5) The order for withholding shall remain in effect for
21 as long as the order for support upon which it is based.
22 (6) The failure of an order for withholding to state an
23 arrearage is not conclusive of the issue of whether an
24 arrearage is owing.
25 (7) Notwithstanding the provisions of this subsection,
26 if the court finds at the time of any hearing that an
27 arrearage has accrued in an amount equal to at least one
28 month's support obligation or that the obligor is 30 days
29 late in paying all or part of the order for support, the
30 court shall order immediate service of the order for
31 withholding upon the payor.
32 (8) Where the court has not required that the order for
33 withholding take effect immediately, the obligee or public
34 office may prepare and serve a notice for immediate
-218- LRB9004624DJbd
1 withholding upon the obligor by ordinary mail addressed to
2 the obligor at his or her last known address. The notice
3 shall state that the following circumstances have occurred:
4 (a) The parties' written agreement providing an
5 alternative arrangement to immediate withholding under
6 paragraph (1) of this subsection no longer provides for
7 timely payment of all support due; or
8 (b) The obligor has not made timely payments in
9 that the obligor has been at least 7 days late in paying
10 all or part of the order for support any of the last 6
11 consecutive dates payments were due prior to the date of
12 the notice for immediate withholding.
13 The notice for immediate withholding shall clearly state
14 that a specially certified copy of the order for withholding
15 will be sent to the payor, unless the obligor files a
16 petition contesting immediate withholding within 20 days
17 after service of the notice; however, the grounds for the
18 petition shall be limited to a dispute concerning whether the
19 circumstances stated in the notice have occurred or the
20 identity of the obligor. It shall not be grounds for the
21 petition that the obligor has made all payments due by the
22 date of the petition.
23 If the obligor files a petition contesting immediate
24 withholding within the 20-day period required under this
25 paragraph, the Clerk of the Circuit Court shall notify the
26 obligor and the obligee or public office, as appropriate, of
27 the time and place of the hearing on the petition. Upon
28 hearing the petition, the court shall enter an order granting
29 or denying relief. It shall not be grounds for granting the
30 obligor's petition that he or she has made all payments due
31 by the date of hearing. If the court denies the obligor's
32 petition, it shall order immediate service of the order for
33 withholding and direct the clerk to provide a specially
34 certified copy of the order for withholding to the obligee or
-219- LRB9004624DJbd
1 public office indicating that the requirements for immediate
2 withholding under this paragraph have been met.
3 If the obligor does not file a petition contesting
4 immediate withholding within the 20-day period, the obligee
5 or public office shall file with the Clerk of the Circuit
6 Court an affidavit, with a copy of the notice for immediate
7 withholding attached thereto, stating that the notice was
8 duly served and the date on which service was effected, and
9 that the obligor has not filed a petition contesting
10 immediate withholding. The clerk shall then provide to the
11 obligee or public office a specially certified copy of the
12 order for withholding indicating that the requirements for
13 immediate withholding under this paragraph have been met.
14 Upon receipt of a specially certified copy of the order
15 for withholding, the obligee or public office may serve the
16 order on the payor, its superintendent, manager or other
17 agent, by certified mail or personal delivery. A proof of
18 service shall be filed with the Clerk of the Circuit Court.
19 (C) Notice of Delinquency.
20 (1) Whenever an obligor becomes delinquent in payment of
21 an amount equal to at least one month's support obligation
22 pursuant to the order for support or is at least 30 days late
23 in complying with all or part of the order for support,
24 whichever occurs first, the obligee or public office may
25 prepare and serve a verified notice of delinquency, together
26 with a form petition to stay service, pursuant to paragraph
27 (3) of this subsection.
28 (2) The notice of delinquency shall recite the terms of
29 the order for support and contain a computation of the period
30 and total amount of the delinquency, as of the date of the
31 notice. The notice shall clearly state that it will be sent
32 to the payor, together with a specially certified copy of the
33 order for withholding, except as provided in subsection (F),
34 unless the obligor files a petition to stay service in
-220- LRB9004624DJbd
1 accordance with paragraph (1) of subsection (D).
2 (3) The notice of delinquency shall be served by
3 ordinary mail addressed to the obligor at his or her last
4 known address.
5 (4) The obligor may execute a written waiver of the
6 provisions of paragraphs (1) through (3) of this subsection
7 and request immediate service upon the payor.
8 (D) Procedures to Avoid Income Withholding.
9 (1) Except as provided in subsection (F), the obligor
10 may prevent an order for withholding from being served by
11 filing a petition to stay service with the Clerk of the
12 Circuit Court, within 20 days after service of the notice of
13 delinquency; however, the grounds for the petition to stay
14 service shall be limited to a dispute concerning: (a) the
15 amount of current support or the existence or amount of the
16 delinquency; or (b) the identity of the obligor.
17 The Clerk of the Circuit Court shall notify the obligor
18 and the obligee or public office, as appropriate, of the time
19 and place of the hearing on the petition to stay service. The
20 court shall hold such hearing pursuant to the provisions of
21 subsection (H).
22 (2) Except as provided in subsection (F), filing of a
23 petition to stay service, within the 20-day period required
24 under this subsection, shall prohibit the obligee or public
25 office from serving the order for withholding on any payor of
26 the obligor.
27 (E) Initial Service of Order for Withholding.
28 (1) Except as provided in subsection (F), in order to
29 serve an order for withholding upon a payor, an obligee or
30 public office shall follow the procedures set forth in this
31 subsection. After 20 days following service of the notice of
32 delinquency, the obligee or public office shall file with the
33 Clerk of the Circuit Court an affidavit, with the copy of the
-221- LRB9004624DJbd
1 notice of delinquency attached thereto, stating:
2 (a) that the notice of delinquency has been duly
3 served and the date on which service was effected; and
4 (b) that the obligor has not filed a petition to
5 stay service, or in the alternative
6 (c) that the obligor has waived the provisions of
7 subparagraphs (a) and (b) of this paragraph (1) in
8 accordance with subsection (C)(4).
9 (2) Upon request of the obligee or public office, the
10 Clerk of the Circuit shall: (a) make available any record of
11 payment; and (b) determine that the file contains a copy of
12 the affidavit described in paragraph (1). The Clerk shall
13 then provide to the obligee or public office a specially
14 certified copy of the order for withholding and the notice of
15 delinquency indicating that the preconditions for service
16 have been met.
17 (3) The obligee or public office may then serve the
18 notice of delinquency and order for withholding on the payor,
19 its superintendent, manager or other agent, by certified mail
20 or personal delivery. A proof of service shall be filed with
21 the Clerk of the Circuit Court.
22 (F) Subsequent Service of Order for Withholding.
23 (1) Notwithstanding the provisions of this Section, at
24 any time after the court has ordered immediate service of an
25 order for withholding or after initial service of an order
26 for withholding pursuant to subsection (E), the obligee or
27 public office may serve the order for withholding upon any
28 payor of the obligor without further notice to the obligor.
29 The obligee or public office shall provide notice to the
30 payor, pursuant to paragraph (6) of subsection (I), of any
31 payments that have been made through previous withholding or
32 any other method.
33 (2) The Clerk of the Circuit Court shall, upon request,
34 provide the obligee or public office with specially certified
-222- LRB9004624DJbd
1 copies of the order for withholding or the notice of
2 delinquency or both whenever the Court has ordered immediate
3 service of an order for withholding or an affidavit has been
4 placed in the court file indicating that the preconditions
5 for service have been previously met. The obligee or public
6 office may then serve the order for withholding on the payor,
7 its superintendent, manager or other agent by certified mail
8 or personal delivery. A proof of service shall be filed with
9 the Clerk of the Circuit Court.
10 (3) If a delinquency has accrued for any reason, the
11 obligee or public office may serve a notice of delinquency
12 upon the obligor pursuant to subsection (C). The obligor may
13 prevent the notice of delinquency from being served upon the
14 payor by utilizing the procedures set forth in subsection
15 (D). If no petition to stay service has been filed within the
16 required 20 day time period, the obligee or public office may
17 serve the notice of delinquency on the payor by utilizing the
18 procedures for service set forth in subsection (E).
19 (G) Duties of Payor.
20 (1) It shall be the duty of any payor who has been
21 served with a copy of the specially certified order for
22 withholding and any notice of delinquency to deduct and pay
23 over income as provided in this subsection. The payor shall
24 deduct the amount designated in the order for withholding, as
25 supplemented by the notice of delinquency and any notice
26 provided pursuant to paragraph (6) of subsection (I),
27 beginning no later than the next payment of income which is
28 payable to the obligor that occurs 14 days following the date
29 the order and any notice were mailed by certified mail or
30 placed for personal delivery. The payor may combine all
31 amounts withheld for the benefit of an obligee or public
32 office into a single payment and transmit the payment with a
33 listing of obligors from whom withholding has been effected.
34 The payor shall pay the amount withheld to the obligee or
-223- LRB9004624DJbd
1 public office within 10 calendar days of the date income is
2 paid to the obligor in accordance with the order for
3 withholding and any subsequent notification received from the
4 public office redirecting payments. If the payor knowingly
5 fails to pay any amount withheld to the obligee or public
6 office within 10 calendar days of the date income is paid to
7 the obligor, the payor shall pay a penalty of $100 for each
8 day that the withheld amount is not paid to the obligee or
9 public office after the period of 10 calendar days has
10 expired. The failure of a payor, on more than one occasion,
11 to pay amounts withheld to the obligee or public office
12 within 10 calendar days of the date income is paid to the
13 obligor creates a presumption that the payor knowingly failed
14 to pay the amounts. This penalty may be collected in a civil
15 action which may be brought against the payor in favor of the
16 obligee. For purposes of this Section, a withheld amount
17 shall be considered paid by a payor on the date it is mailed
18 by the payor, or on the date an electronic funds transfer of
19 the amount has been initiated by the payor, or on the date
20 delivery of the amount has been initiated by the payor. For
21 each deduction, the payor shall provide the obligee or public
22 office, at the time of transmittal, with the date income was
23 paid from which support was withheld.
24 Upon receipt of an order requiring that a minor child be
25 named as a beneficiary of a health insurance plan available
26 through an employer or labor union or trade union, the
27 employer or labor union or trade union shall immediately
28 enroll the minor child as a beneficiary in the the health
29 insurance plan designated by the court order. The employer
30 shall withhold any required premiums and pay over any amounts
31 so withheld and any additional amounts the employer pays to
32 the insurance carrier in a timely manner. The employer or
33 labor union or trade union shall mail to the obligee, within
34 15 days of enrollment or upon request, notice of the date of
-224- LRB9004624DJbd
1 coverage, information on the dependent coverage plan, and all
2 forms necessary to obtain reimbursement for covered health
3 expenses, such as would be made available to a new employee.
4 When an order for dependent coverage is in effect and the
5 insurance coverage is terminated or changed for any reason,
6 the employer or labor union or trade union shall notify the
7 obligee within 10 days of the termination or change date
8 along with notice of conversion privileges.
9 For withholding of income, the payor shall be entitled to
10 receive a fee not to exceed $5 per month to be taken from the
11 income to be paid to the obligor.
12 (2) Whenever the obligor is no longer receiving income
13 from the payor, the payor shall return a copy of the order
14 for withholding to the obligee or public office and shall
15 provide information for the purpose of enforcing this
16 Section.
17 (3) Withholding of income under this Section shall be
18 made without regard to any prior or subsequent garnishments,
19 attachments, wage assignments, or any other claims of
20 creditors. Withholding of income under this Section shall
21 not be in excess of the maximum amounts permitted under the
22 federal Consumer Credit Protection Act. If the payor has been
23 served with more than one order for withholding pertaining to
24 the same obligor, the payor shall allocate income available
25 for withholding on a proportionate share basis, giving
26 priority to current support payments. If there is any income
27 available for withholding after withholding for all current
28 support obligations, the payor shall allocate the income to
29 past due support payments ordered in non-AFDC matters and
30 then to past due support payments ordered in AFDC matters,
31 both on a proportionate share basis. Payment as required by
32 the order for withholding shall be a complete defense by the
33 payor against any claims of the obligor or his creditors as
34 to the sum so paid.
-225- LRB9004624DJbd
1 (4) No payor shall discharge, discipline, refuse to hire
2 or otherwise penalize any obligor because of the duty to
3 withhold income.
4 (H) Petitions to Stay Service or to Modify, Suspend or
5 Terminate Orders for Withholding.
6 (1) When an obligor files a petition to stay service,
7 the court, after due notice to all parties, shall hear the
8 matter as soon as practicable and shall enter an order
9 granting or denying relief, amending the notice of
10 delinquency, amending the order for withholding where
11 applicable, or otherwise resolving the matter. If the court
12 finds that a delinquency existed when the notice of
13 delinquency was served upon the obligor, in an amount of at
14 least one month's support obligation, or that the obligor was
15 at least 30 days late in paying all or part of the order for
16 support, the court shall order immediate service of the order
17 for withholding. Where the court cannot promptly resolve any
18 dispute over the amount of the delinquency, the court may
19 order immediate service of the order for withholding as to
20 any undisputed amounts specified in an amended notice of
21 delinquency, and may continue the hearing on the disputed
22 amounts.
23 (2) At any time, an obligor, obligee, public office or
24 Clerk of the Circuit Court may petition the court to:
25 (a) modify, suspend or terminate the order for
26 withholding because of a modification, suspension or
27 termination of the underlying order for support; or
28 (b) modify the amount of income to be withheld to
29 reflect payment in full or in part of the delinquency or
30 arrearage by income withholding or otherwise; or
31 (c) suspend the order for withholding because of
32 inability to deliver income withheld to the obligee due
33 to the obligee's failure to provide a mailing address or
34 other means of delivery.
-226- LRB9004624DJbd
1 (3) The obligor, obligee or public office shall serve on
2 the payor, by certified mail or personal delivery, a copy of
3 any order entered pursuant to this subsection that affects
4 the duties of the payor.
5 (4) At any time, a public office or Clerk of the Circuit
6 Court may serve a notice on the payor to:
7 (a) cease withholding of income for payment of
8 current support for a child when the support obligation
9 for that child has automatically ceased under the order
10 for support through emancipation or otherwise; or
11 (b) cease withholding of income for payment of
12 delinquency or arrearage when the delinquency or
13 arrearage has been paid in full.
14 (5) The notice provided for under paragraph (4) of this
15 subsection shall be served on the payor by ordinary mail, and
16 a copy shall be provided to the obligor and the obligee. A
17 copy of the notice shall be filed with the Clerk of the
18 Circuit Court.
19 (6) The order for withholding shall continue to be
20 binding upon the payor until service of any order of the
21 court or notice entered or provided for under this
22 subsection.
23 (I) Additional Duties.
24 (1) An obligee who is receiving income withholding
25 payments under this Section shall notify the payor, if the
26 obligee receives the payments directly from the payor, or the
27 public office or the Clerk of the Circuit Court, as
28 appropriate, of any change of address within 7 days of such
29 change.
30 (2) An obligee who is a recipient of public aid shall
31 send a copy of any notice of delinquency filed pursuant to
32 subsection (C) to the Bureau of Child Support of the Illinois
33 Department of Public Aid.
34 (3) Each obligor shall notify the obligee and the Clerk
-227- LRB9004624DJbd
1 of the Circuit Court of any change of address within 7 days.
2 (4) An obligor whose income is being withheld or who has
3 been served with a notice of delinquency pursuant to this
4 Section shall notify the obligee and the Clerk of the Circuit
5 Court of any new payor, within 7 days.
6 (5) When the Illinois Department of Public Aid is no
7 longer authorized to receive payments for the obligee, it
8 shall, within 7 days, notify the payor or, where appropriate,
9 the Clerk of the Circuit Court, to redirect income
10 withholding payments to the obligee.
11 (6) The obligee or public office shall provide notice to
12 the payor and Clerk of the Circuit Court of any other support
13 payment made, including but not limited to, a set-off under
14 federal and State law or partial payment of the delinquency
15 or arrearage, or both.
16 (7) Any public office and Clerk of the Circuit Court
17 which collects, disburses or receives payments pursuant to
18 orders for withholding shall maintain complete, accurate, and
19 clear records of all payments and their disbursements.
20 Certified copies of payment records maintained by a public
21 office or Clerk of the Circuit Court shall, without further
22 proof, be admitted into evidence in any legal proceedings
23 under this Section.
24 (8) The Illinois Department of Public Aid (before the
25 effective date of this amendatory Act of 1997) or the
26 Attorney General (on and after that date) shall design
27 suggested legal forms for proceeding under this Section and
28 shall make available to the courts such forms and
29 informational materials which describe the procedures and
30 remedies set forth herein for distribution to all parties in
31 support actions.
32 (9) At the time of transmitting each support payment,
33 the clerk of the circuit court shall provide the obligee or
34 public office, as appropriate, with any information furnished
-228- LRB9004624DJbd
1 by the payor as to the date income was paid from which such
2 support was withheld.
3 (J) Penalties.
4 (1) Where a payor wilfully fails to withhold or pay over
5 income pursuant to a properly served, specially certified
6 order for withholding and any notice of delinquency, or
7 wilfully discharges, disciplines, refuses to hire or
8 otherwise penalizes an obligor as prohibited by subsection
9 (G), or otherwise fails to comply with any duties imposed by
10 this Section, the obligee, public office or obligor, as
11 appropriate, may file a complaint with the court against the
12 payor. The clerk of the circuit court shall notify the
13 obligee or public office, as appropriate, and the obligor and
14 payor of the time and place of the hearing on the complaint.
15 The court shall resolve any factual dispute including, but
16 not limited to, a denial that the payor is paying or has paid
17 income to the obligor. Upon a finding in favor of the
18 complaining party, the court:
19 (a) shall enter judgment and direct the enforcement
20 thereof for the total amount that the payor wilfully
21 failed to withhold or pay over; and
22 (b) may order employment or reinstatement of or
23 restitution to the obligor, or both, where the obligor
24 has been discharged, disciplined, denied employment or
25 otherwise penalized by the payor and may impose a fine
26 upon the payor not to exceed $200.
27 (2) Any obligee, public office or obligor who wilfully
28 initiates a false proceeding under this Section or who
29 wilfully fails to comply with the requirements of this
30 Section shall be punished as in cases of contempt of court.
31 (K) Alternative Procedures for Entry and Service of an Order
32 for Withholding.
33 (1) Effective January 1, 1987, in any matter in which an
-229- LRB9004624DJbd
1 order for withholding has not been entered for any reason,
2 based upon the last order for support that has been entered,
3 and in which the obligor has become delinquent in payment of
4 an amount equal to at least one month's support obligation
5 pursuant to the last order for support or is at least 30 days
6 late in complying with all or part of the order for support,
7 the obligee or public office may prepare and serve an order
8 for withholding pursuant to the procedures set forth in this
9 subsection.
10 (2) The obligee or public office shall:
11 (a) prepare a proposed order for withholding for
12 immediate service as provided by paragraphs (1) and (3)
13 of subsection (B), except that the minimum 20%
14 delinquency payment shall be used;
15 (b) prepare a notice of delinquency as provided by
16 paragraphs (1) and (2) of subsection (C), except the
17 notice shall state further that the order for withholding
18 has not been entered by the court and the conditions
19 under which the order will be entered; and
20 (c) serve the notice of delinquency and form
21 petition to stay service as provided by paragraph (3) of
22 subsection (C), together with the proposed order for
23 withholding, which shall be marked "COPY ONLY".
24 (3) After 20 days following service of the notice of
25 delinquency and proposed order for withholding, in lieu of
26 the provisions of subsection (E), the obligee or public
27 office shall file with the Clerk of the Circuit Court an
28 affidavit, with a copy of the notice of delinquency and
29 proposed order for withholding attached thereto, stating
30 that:
31 (a) the notice of delinquency and proposed order
32 for withholding have been served upon the obligor and the
33 date on which service was effected;
34 (b) the obligor has not filed a petition to stay
-230- LRB9004624DJbd
1 service within 20 days of service of such notice and
2 order; and
3 (c) the proposed order for withholding accurately
4 states the terms and amounts contained in the last order
5 for support.
6 (4) Upon the court's satisfaction that the procedures
7 set forth in this subsection have been met, it shall enter
8 the order for withholding.
9 (5) The Clerk shall then provide to the obligee or
10 public office a specially certified copy of the order for
11 withholding and the notice of delinquency indicating that the
12 preconditions for service have been met.
13 (6) The obligee or public office shall serve the
14 specially certified copies of the order for withholding and
15 the notice of delinquency on the payor, its superintendent,
16 manager or other agent by certified mail or personal
17 delivery. A proof of service shall be filed with the Clerk
18 of the Circuit Court.
19 (7) If the obligor requests in writing that income
20 withholding become effective prior to becoming delinquent in
21 payment of an amount equal to one month's support obligation
22 pursuant to the last order for support, or prior to becoming
23 30 days late in paying all or part of the order for support,
24 the obligee or public office shall file an affidavit with the
25 Clerk of the circuit Court, with a proposed order for
26 withholding attached, stating that the proposed order
27 accurately states the terms and amounts contained in the last
28 order for support and the obligor's request for immediate
29 service. The provisions of paragraphs (4) through (6) of
30 this subsection shall apply, except that a notice of
31 delinquency shall not be required.
32 (8) All other provisions of this Section shall be
33 applicable with respect to the provisions of this subsection
34 (K), except that under paragraph (1) of subsection (H), the
-231- LRB9004624DJbd
1 court may also amend the proposed order for withholding to
2 conform to the last order for support.
3 (9) Nothing in this subsection shall be construed as
4 limiting the requirements of paragraph (1) of subsection (B)
5 with respect to the entry of a separate order for withholding
6 upon entry of any order for support.
7 (L) Remedies in Addition to Other Laws.
8 (1) The rights, remedies, duties and penalties created
9 by this Section are in addition to and not in substitution
10 for any other rights, remedies, duties and penalties created
11 by any other law.
12 (2) Nothing in this Section shall be construed as
13 invalidating any assignment of wages or benefits executed
14 prior to January 1, 1984.
15 (Source: P.A. 88-26; 88-45; 88-94; 88-131; 88-307; 88-670,
16 eff. 12-2-94; 89-507, eff. 7-1-97.)
17 (750 ILCS 20/29) (from Ch. 40, par. 1229)
18 Sec. 29. Additional duty of initiating court. An
19 initiating court shall receive and disburse forthwith all
20 payments made by the obligor or sent by the responding court.
21 This duty may be carried out through the clerk of the court.
22 If the obligee and other dependents for whom support or
23 reimbursement therefor has been ordered pursuant to Section
24 24 of this Act are recipients of public aid under the
25 Illinois Public Aid Code, each court of this State, in
26 respect to payments received by it as initiating court, shall
27 order such payments to be transmitted to (1) the Illinois
28 Department of Public Aid if the obligee, other dependents, or
29 both, are recipients of aid under Articles III, IV or V of
30 the Code, or (2) the local governmental unit responsible for
31 the support of the obligee, other dependents, or both, if
32 they are recipients under Articles VI or VII of the Code. In
33 accordance with federal law and regulations, the Illinois
-232- LRB9004624DJbd
1 Department of Public Aid may continue to collect current
2 maintenance payments or child support payments, or both,
3 after those persons cease to receive public assistance and
4 until termination of services under Article X of the Illinois
5 Public Aid Code or under Sections 7.1 through 7.250 of the
6 Attorney General Act. The Illinois Department of Public Aid
7 shall pay the net amount collected to those persons after
8 deducting any costs incurred in making the collection or any
9 collection fee from the amount of any recovery made. Upon
10 removal of the obligee, other dependents, or both, from the
11 public aid rolls or upon termination of services under
12 Article X of the Illinois Public Aid Code or under Sections
13 7.1 through 7.250 of the Attorney General Act, the Illinois
14 Department of Public Aid, the Attorney General, or the local
15 governmental unit, as the case requires, shall give notice of
16 such action in writing or by electronic transmission to the
17 court, together with request that subsequent payments be made
18 directly to the obligee, the other dependents, or both, or to
19 some other person or agency in their behalf.
20 Upon notification in writing or by electronic
21 transmission from the Illinois Department of Public Aid
22 (before the effective date of this amendatory Act of 1997) or
23 the Attorney General (on and after that date) to the clerk
24 of the court that a person who is receiving support payments
25 under this Section is receiving services under the Child
26 Support Enforcement Program established by Title IV-D of the
27 Social Security Act, any support payments subsequently
28 received by the clerk of the court shall be transmitted in
29 accordance with the instructions of the Illinois Department
30 of Public Aid or the Attorney General until the Department or
31 the Attorney General gives notice to the clerk of the court
32 to cease the transmittal. After providing the notification
33 authorized under this paragraph, the Illinois Department of
34 Public Aid (before the effective date of this amendatory Act
-233- LRB9004624DJbd
1 of 1997) or the Attorney General (on and after that date)
2 shall be entitled as a party to notice of any further
3 proceedings in the case. The clerk of the court shall file a
4 copy of the Illinois Department of Public Aid's or Attorney
5 General's notification in the court file. The failure of the
6 clerk to file a copy of the notification in the court file
7 shall not, however, affect the Illinois Department of Public
8 Aid's or Attorney General's right to receive notice of
9 further proceedings.
10 Payments under this Section to the Illinois Department of
11 Public Aid or the Attorney General pursuant to the Child
12 Support Enforcement Program established by Title IV-D of the
13 Social Security Act shall be paid into the Child Support
14 Enforcement Trust Fund. All other payments under this Section
15 to the Illinois Department of Public Aid shall be deposited
16 in the Public Assistance Recoveries Trust Fund. Disbursements
17 from these funds shall be as provided in the Illinois Public
18 Aid Code. Payments received by a local governmental unit
19 shall be deposited in that unit's General Assistance Fund.
20 (Source: P.A. 88-687, eff. 1-24-95.)
21 (750 ILCS 20/29A) (from Ch. 40, par. 1229A)
22 Sec. 29A. Notice to clerk of initiating or responding
23 circuit court of payment received by Illinois Department of
24 Public Aid or Attorney General for recording. For those cases
25 in which support is payable to the clerk of the initiating or
26 responding circuit court for transmittal to the Illinois
27 Department of Public Aid by order of court or upon
28 notification by the Illinois Department of Public Aid or the
29 Attorney General, and the Illinois Department of Public Aid
30 or the Attorney General collects support by assignment,
31 offset, withholding, deduction or other process permitted by
32 law, the Illinois Department of Public Aid or the Attorney
33 General, as the case may be shall notify the clerk of the
-234- LRB9004624DJbd
1 date and amount of such collection. Upon notification, the
2 clerk shall record the collection on the payment record for
3 the case.
4 (Source: P.A. 88-687, eff. 1-24-95.)
5 (750 ILCS 20/29B) (from Ch. 40, par. 1229B)
6 Sec. 29B. Payment transmittal to Department of Public
7 Aid. For those cases in which child support is payable to
8 the clerk of the circuit court for transmittal to the
9 Illinois Department of Public Aid by order of court or upon
10 notification by the Illinois Department of Public Aid or the
11 Attorney General, the clerk shall transmit all such payments,
12 within 4 working days of receipt, to ensure insure that funds
13 are available for immediate distribution by the Department to
14 the person or entity entitled thereto in accordance with
15 standards of the Child Support Enforcement Program
16 established under Title IV-D of the Social Security Act. The
17 clerk shall notify the Department of the date of receipt and
18 amount thereof at the time of transmittal. Where the clerk
19 has entered into an agreement of cooperation with the
20 Department to record the terms of child support orders and
21 payments made thereunder directly into the Department's
22 automated data processing system, the clerk shall account
23 for, transmit and otherwise distribute child support payments
24 in accordance with such agreements in lieu of the
25 requirements contained herein.
26 (Source: P.A. 88-687, eff. 1-24-95.)
27 Section 65. The Uniform Interstate Family Support Act is
28 amended by changing Sections 101, 310, and 605 as follows:
29 (750 ILCS 22/101)
30 Sec. 101. Definitions. In this Act:
31 "Child" means an individual, whether over or under the
-235- LRB9004624DJbd
1 age of 18, who is or is alleged to be owed a duty of support
2 by the individual's parent or who is or is alleged to be the
3 beneficiary of a support order directed to the parent.
4 "Child support order" means a support order for a child,
5 including a child who has attained the age of 18.
6 "Duty of support" means an obligation imposed or
7 imposable by law to provide support for a child, spouse, or
8 former spouse including an unsatisfied obligation to provide
9 support.
10 "Home state" means the state in which a child lived with
11 a parent or a person acting as parent for at least 6
12 consecutive months immediately preceding the time of filing
13 of a petition or comparable pleading for support, and if a
14 child is less than 6 months old, the state in which the child
15 lived from birth with any of them. A period of temporary
16 absence of any of them is counted as part of the 6-month or
17 other period.
18 "Income" includes earnings or other periodic entitlements
19 to money from any source and any other property subject to
20 withholding for support under the law of this State.
21 "Income-withholding order" means an order or other legal
22 process directed to an obligor's employer or other debtor, as
23 defined by the Attorney General Act, the Illinois Marriage
24 and Dissolution of Marriage Act, the Non-Support of Spouse
25 and Children Act, the Illinois Public Aid Code, and the
26 Illinois Parentage Act of 1984, to withhold support from the
27 income of the obligor.
28 "Initiating state" means a state in which a proceeding
29 under this Act or a law substantially similar to this Act, is
30 filed for forwarding to a responding state.
31 "Initiating tribunal" means the authorized tribunal in an
32 initiating state.
33 "Issuing state" means the state in which a tribunal
34 issues a support order or renders a judgment determining
-236- LRB9004624DJbd
1 parentage.
2 "Issuing tribunal" means the tribunal that issues a
3 support order or renders a judgment determining parentage.
4 "Obligee" means: (i) an individual to whom a duty of
5 support is or is alleged to be owed or in whose favor a
6 support order has been issued or a judgment determining
7 parentage has been rendered; (ii) a state or political
8 subdivision to which the rights under a duty of support or
9 support order have been assigned or which has independent
10 claims based on financial assistance provided to an
11 individual obligee; or (iii) an individual seeking a judgment
12 determining parentage of the individual's child.
13 "Obligor" means an individual, or the estate of a
14 decedent: (i) who owes or is alleged to owe a duty of
15 support; (ii) who is alleged but has not been adjudicated to
16 be a parent of a child; or (iii) who is liable under a
17 support order.
18 "Register" means to record a support order or judgment
19 determining parentage in the appropriate Registry of Foreign
20 Support Orders.
21 "Registering tribunal" means a tribunal in which a
22 support order is registered.
23 "Responding state" means a state to which a proceeding is
24 forwarded under this Act or a law substantially similar to
25 this Act.
26 "Responding tribunal" means the authorized tribunal in a
27 responding state.
28 "Spousal-support order" means a support order for a
29 spouse or former spouse of the obligor.
30 "State" means a state of the United States, the District
31 of Columbia, the Commonwealth of Puerto Rico, or any
32 territory or insular possession subject to the jurisdiction
33 of the United States. The term "state" includes an Indian
34 tribe and includes a foreign jurisdiction that has
-237- LRB9004624DJbd
1 established procedures for issuance and enforcement of
2 support orders which are substantially similar to the
3 procedures under this Act.
4 "Support enforcement agency" means a public official or
5 agency authorized to seek:
6 (1) enforcement of support orders or laws relating to
7 the duty of support;
8 (2) establishment or modification of child support;
9 (3) determination of parentage; or
10 (4) to locate obligors or their assets.
11 "Support order" means a judgment, decree, or order,
12 whether temporary, final, or subject to modification, for the
13 benefit of a child, a spouse, or a former spouse, which
14 provides for monetary support, health care, arrearages, or
15 reimbursement, and may include related costs and fees,
16 interest, income withholding, attorney's fees, and other
17 relief.
18 "Tribunal" means a court, administrative agency, or
19 quasi-judicial entity authorized to establish, enforce, or
20 modify support orders or to determine parentage.
21 (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
22 by P.A. 88-691.)
23 (750 ILCS 22/310)
24 Sec. 310. Duties of the state information agency
25 Illinois Department of Public Aid.
26 (a) Before the effective date of this amendatory Act of
27 1997, the Illinois Department of Public Aid is the state
28 information agency under this Act. On and after the
29 effective date of this amendatory Act of 1997, the Attorney
30 General is the state information agency under this Act.
31 (b) The state information agency shall:
32 (1) compile and maintain a current list, including
33 addresses, of the tribunals in this State which have
-238- LRB9004624DJbd
1 jurisdiction under this Act and any support enforcement
2 agencies in this State and transmit a copy to the state
3 information agency of every other state;
4 (2) maintain a register of tribunals and support
5 enforcement agencies received from other states;
6 (3) forward to the appropriate tribunal in the
7 place in this State in which the individual obligee or
8 the obligor resides, or in which the obligor's property
9 is believed to be located, all documents concerning a
10 proceeding under this Act received from an initiating
11 tribunal or the state information agency of the
12 initiating state; and
13 (4) obtain information concerning the location of
14 the obligor and the obligor's property within this State
15 not exempt from execution, by such means as postal
16 verification and federal or state locator services,
17 examination of telephone directories, requests for the
18 obligor's address from employers, and examination of
19 governmental records, including, to the extent not
20 prohibited by other law, those relating to real property,
21 vital statistics, law enforcement, taxation, motor
22 vehicles, driver's licenses, and social security.
23 (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
24 by P.A. 88-691.)
25 (750 ILCS 22/605)
26 Sec. 605. Notice of registration of order.
27 (a) When a support order or income-withholding order
28 issued in another state is registered, the registering
29 tribunal shall notify the nonregistering party. Notice must
30 be given by first class, certified, or registered mail or by
31 any means of personal service authorized by the law of this
32 State. The notice must be accompanied by a copy of the
33 registered order and the documents and relevant information
-239- LRB9004624DJbd
1 accompanying the order.
2 (b) The notice must inform the nonregistering party:
3 (1) that a registered order is enforceable as of
4 the date of registration in the same manner as an order
5 issued by a tribunal of this State;
6 (2) that a hearing to contest the validity or
7 enforcement of the registered order must be requested
8 within 20 days after the date of mailing or personal
9 service of the notice;
10 (3) that failure to contest the validity or
11 enforcement of the registered order in a timely manner
12 will result in confirmation of the order and enforcement
13 of the order and the alleged arrearages and precludes
14 further contest of that order with respect to any matter
15 that could have been asserted; and
16 (4) of the amount of any alleged arrearages.
17 (c) Upon registration of an income-withholding order for
18 enforcement, the registering tribunal shall notify the
19 obligor's employer pursuant to Section 10-16.2 of the
20 Illinois Public Aid Code (before the effective date of this
21 amendatory Act 1997), Section 7.165 of the Attorney General
22 Act (on and after the effective date of this amendatory Act
23 of 1997), Section 706.1 of the Illinois Marriage and
24 Dissolution of Marriage Act, Section 4.1 of the Non-Support
25 of Spouse and Children Act, and Section 20 of the Illinois
26 Parentage Act of 1989.
27 (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
28 by P.A. 88-691.)
29 Section 70. The Expedited Child Support Act of 1990 is
30 amended by changing Section 5 as follows:
31 (750 ILCS 25/5) (from Ch. 40, par. 2705)
32 Sec. 5. Actions subject to Expedited Child Support
-240- LRB9004624DJbd
1 Hearings.
2 (a) The Chief Judge of each Judicial Circuit that
3 establishes a System shall delegate to the Administrative
4 Hearing Officer the authority to hear the following actions:
5 (1) Petitions for child support and for medical
6 support, pursuant to Section 505.2 of the Illinois
7 Marriage and Dissolution of Marriage Act, for
8 post-judgment dissolution of marriage and post-judgment
9 parentage actions where child support or medical support
10 was reserved or could not be ordered at the time of entry
11 of the judgment because the court lacked personal
12 jurisdiction over the obligor.
13 (2) Petitions for modification of child support and
14 medical support in post-judgment dissolution of marriage
15 and post-judgment parentage actions.
16 (3) Parentage actions, including the establishment
17 of child support orders after parentage has been
18 acknowledged.
19 (4) Actions for the enforcement of any existing
20 order for child support or medical support in
21 post-judgment dissolution of marriage and post-judgment
22 parentage actions.
23 (5) Actions for the establishment of child support
24 and medical support orders involving parties who are
25 married and living separately, pursuant to Section 402 of
26 the Marriage and Dissolution of Marriage Act.
27 (6) Temporary orders for support in any action in
28 which the custodial parent is a participant in the IV-D
29 program.
30 (7) Any other child support matter provided for in
31 the Plan for the creation of the System approved by the
32 Illinois Supreme Court.
33 (8) Actions brought pursuant to Article X of the
34 Illinois Public Aid Code.
-241- LRB9004624DJbd
1 (9) Actions brought pursuant to Sections 7.1
2 through 7.250 of the Attorney General Act.
3 (b) Notwithstanding the provisions of subsection (a) of
4 this Section, if the custodial parent is not a participant in
5 the IV-D program and maintenance is in issue, the case shall
6 be presented directly to the court.
7 (c) Except as provided in subsection (b), the Plan may
8 provide that the System be available in pre-judgment
9 proceedings for dissolution of marriage, declaration of
10 invalidity of marriage and legal separation.
11 (Source: P.A. 86-1401.)
12 Section 75. The Illinois Parentage Act of 1984 is
13 amended by changing Sections 4.1, 5, 14, 15.1, 20, 21, 22,
14 and 23 as follows:
15 (750 ILCS 45/4.1)
16 Sec. 4.1. Administrative paternity determinations.
17 Notwithstanding any other provision of this Act, before the
18 effective date of this amendatory Act of 1997, the Illinois
19 Department of Public Aid may make administrative
20 determinations of paternity and nonpaternity in accordance
21 with Section 10-17.7 of the Illinois Public Aid Code. On and
22 after that date, the Attorney General may make those
23 determinations in accordance with Section 7.210 of the
24 Attorney General Act. These determinations of paternity or
25 nonpaternity shall have the full force and effect of
26 judgments entered under this Act.
27 (Source: P.A. 88-687, eff. 1-24-95.)
28 (750 ILCS 45/5) (from Ch. 40, par. 2505)
29 Sec. 5. Presumption of Paternity.
30 (a) A man is presumed to be the natural father of a
31 child if:
-242- LRB9004624DJbd
1 (1) he and the child's natural mother are or have
2 been married to each other, even though the marriage is
3 or could be declared invalid, and the child is born or
4 conceived during such marriage;
5 (2) after the child's birth, he and the child's
6 natural mother have married each other, even though the
7 marriage is or could be declared invalid, and he is
8 named, with his written consent, as the child's father on
9 the child's birth certificate;
10 (3) he and the child's natural mother have signed
11 an acknowledgment of paternity before the effective date
12 of this amendatory Act of 1997 in accordance with rules
13 adopted by the Illinois Department of Public Aid under
14 Section 10-17.7 of the Illinois Public Aid Code or have
15 signed such an acknowledgment on or after that date in
16 accordance with rules adopted by the Attorney General
17 under Section 7.210 of the Attorney General Act; or
18 (4) he and the child's natural mother have signed
19 an acknowledgment of parentage or, if the natural father
20 is someone other than one presumed to be the father under
21 this Section, an acknowledgment of parentage and denial
22 of paternity in accordance with Section 12 of the Vital
23 Records Act.
24 (b) A presumption under subdivision (a)(1) or (a)(2) of
25 this Section may be rebutted only by clear and convincing
26 evidence. A presumption under subdivision (a)(3) or (a)(4) is
27 conclusive, except that if a minor has signed the
28 acknowledgment of paternity or acknowledgment of parentage
29 and denial of paternity, the presumption becomes conclusive 6
30 months after the minor reaches majority or is otherwise
31 emancipated.
32 (Source: P.A. 88-687, eff. 1-24-95; 89-641, eff. 8-9-96.)
33 (750 ILCS 45/14) (from Ch. 40, par. 2514)
-243- LRB9004624DJbd
1 Sec. 14. Judgment.
2 (a) (1) The judgment shall contain or explicitly reserve
3 provisions concerning any duty and amount of child support
4 and may contain provisions concerning the custody and
5 guardianship of the child, visitation privileges with the
6 child, the furnishing of bond or other security for the
7 payment of the judgment, which the court shall determine in
8 accordance with the relevant factors set forth in the
9 Illinois Marriage and Dissolution of Marriage Act and any
10 other applicable law of Illinois, to guide the court in a
11 finding in the best interests of the child. In determining
12 custody, joint custody, or visitation, the court shall apply
13 the relevant standards of the Illinois Marriage and
14 Dissolution of Marriage Act. Specifically, in determining the
15 amount of any child support award, the court shall use the
16 guidelines and standards set forth in subsection (a) of
17 Section 505 and in Section 505.2 of the Illinois Marriage and
18 Dissolution of Marriage Act. For purposes of Section 505 of
19 the Illinois Marriage and Dissolution of Marriage Act, "net
20 income" of the non-custodial parent shall include any
21 benefits available to that person under the Illinois Public
22 Aid Code or from other federal, State or local
23 government-funded programs. The court shall, in any event
24 and regardless of the amount of the non-custodial parent's
25 net income, in its judgment order the non-custodial parent to
26 pay child support to the custodial parent in a minimum amount
27 of not less than $10 per month. In an action brought within
28 2 years after a child's birth, the judgment or order may
29 direct either parent to pay the reasonable expenses incurred
30 by either parent related to the mother's pregnancy and the
31 delivery of the child. The judgment or order shall contain
32 the father's social security number, which the father shall
33 disclose to the court.
34 (2) If a judgment of parentage contains no explicit
-244- LRB9004624DJbd
1 award of custody, the establishment of a support obligation
2 or of visitation rights in one parent shall be considered a
3 judgment granting custody to the other parent. If the
4 parentage judgment contains no such provisions, custody shall
5 be presumed to be with the mother; however, the presumption
6 shall not apply if the father has had physical custody for at
7 least 6 months prior to the date that the mother seeks to
8 enforce custodial rights.
9 (b) The court shall order all child support payments,
10 determined in accordance with such guidelines, to commence
11 with the date summons is served. The level of current
12 periodic support payments shall not be reduced because of
13 payments set for the period prior to the date of entry of the
14 support order. The Court may order any child support
15 payments to be made for a period prior to the commencement of
16 the action. In determining whether and the extent to which
17 the payments shall be made for any prior period, the court
18 shall consider all relevant facts, including the factors for
19 determining the amount of support specified in the Illinois
20 Marriage and Dissolution of Marriage Act and other equitable
21 factors including but not limited to:
22 (1) The father's prior knowledge of the fact and
23 circumstances of the child's birth.
24 (2) The father's prior willingness or refusal to
25 help raise or support the child.
26 (3) The extent to which the mother or the public
27 agency bringing the action previously informed the father
28 of the child's needs or attempted to seek or require his
29 help in raising or supporting the child.
30 (4) The reasons the mother or the public agency did
31 not file the action earlier.
32 (5) The extent to which the father would be
33 prejudiced by the delay in bringing the action.
34 For purposes of determining the amount of child support
-245- LRB9004624DJbd
1 to be paid for any period before the date the order for
2 current child support is entered, there is a rebuttable
3 presumption that the father's net income for the prior period
4 was the same as his net income at the time the order for
5 current child support is entered.
6 (c) Any new or existing support order entered by the
7 court under this Section shall be deemed to be a series of
8 judgments against the person obligated to pay support
9 thereunder, each judgment to be in the amount of each payment
10 or installment of support and each such judgment to be deemed
11 entered as of the date the corresponding payment or
12 installment becomes due under the terms of the support order.
13 Each judgment shall have the full force, effect and
14 attributes of any other judgment of this State, including the
15 ability to be enforced.
16 (d) If the judgment or order of the court is at variance
17 with the child's birth certificate, the court shall order
18 that a new birth certificate be issued under the Vital
19 Records Act.
20 (e) On request of the mother and the father, the court
21 shall order a change in the child's name. After hearing
22 evidence the court may stay payment of support during the
23 period of the father's minority or period of disability.
24 (f) If, upon proper service, the father fails to appear
25 in court, or otherwise appear as provided by law, the court
26 may proceed to hear the cause upon testimony of the mother or
27 other parties taken in open court and shall enter a judgment
28 by default. The court may reserve any order as to the amount
29 of child support until the father has received notice, by
30 regular mail, of a hearing on the matter.
31 (g) A one-time charge of 20% is imposable upon the
32 amount of past-due child support owed on July 1, 1988 which
33 has accrued under a support order entered by the court. The
34 charge shall be imposed in accordance with the provisions of
-246- LRB9004624DJbd
1 Section 10-21 of the Illinois Public Aid Code and shall be
2 enforced by the court upon petition. On and after the
3 effective date of this amendatory Act of 1997, the Attorney
4 General may collect, on behalf of the Illinois Department of
5 Public Aid, any charge imposed in accordance with this
6 subsection. Nothing in this amendatory Act of 1997 shall be
7 construed to affect the validity of any charge imposed in
8 accordance with this subsection.
9 (h) An order for support entered or modified in a case
10 in which a party is receiving child and spouse support
11 services under Article X of the Illinois Public Aid Code or
12 under Sections 7.1 through 7.250 of the Attorney General Act
13 shall include a provision requiring the non-custodial parent
14 to notify the Illinois Department of Public Aid (before the
15 effective date of this amendatory Act of 1997) or the
16 Attorney General (on and after that date), within 7 days, of
17 the name and address of any new employer of the non-custodial
18 parent, whether the non-custodial parent has access to health
19 insurance coverage through the employer or other group
20 coverage, and, if so, the policy name and number and the
21 names of persons covered under the policy.
22 (i) An order for support shall include a date on which
23 the current support obligation terminates. The termination
24 date shall be no earlier than the date on which the child
25 covered by the order will attain the age of majority or is
26 otherwise emancipated. The order for support shall state
27 that the termination date does not apply to any arrearage
28 that may remain unpaid on that date. Nothing in this
29 subsection shall be construed to prevent the court from
30 modifying the order.
31 (Source: P.A. 88-307; 88-538; 88-687, eff. 1-24-95.)
32 (750 ILCS 45/15.1) (from Ch. 40, par. 2515.1)
33 Sec. 15.1. Whenever it is determined in a proceeding to
-247- LRB9004624DJbd
1 establish or enforce a child support obligation that the
2 person owing a duty of support is unemployed, the court may
3 order the person to seek employment and report periodically
4 to the court with a diary, listing or other memorandum of his
5 or her efforts in accordance with such order. Additionally,
6 the court may order the unemployed person to report to the
7 Department of Employment Security for job search services or
8 to make application with the local Jobs Training Partnership
9 Act provider for participation in job search, training or
10 work programs and where the duty of support is owed to a
11 child receiving support services under Article X of The
12 Illinois Public Aid Code or Sections 7.1 through 7.250 of the
13 Attorney General Act, as amended, the court may order the
14 unemployed person to report to the Illinois Department of
15 Public Aid (before July 1, 1997) or the Department of Human
16 Services (after June 30, 1997) for participation in job
17 search, training or work programs established under Section
18 9-6 of that Code.
19 (Source: P.A. 85-1155.)
20 (750 ILCS 45/20) (from Ch. 40, par. 2520)
21 (Text of Section before amendment by P.A. 89-507)
22 Sec. 20. 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, whether temporary or final, and includes any such
28 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;
32 (c) payment or reimbursement of the expense of
33 pregnancy and delivery; or
-248- LRB9004624DJbd
1 (d) enrollment in a health insurance plan that is
2 available to the obligor through an employer or labor
3 union or trade union.
4 (2) "Arrearage" means the total amount of unpaid support
5 obligations.
6 (3) "Delinquency" means any payment under an order for
7 support which becomes due and remains unpaid after an order
8 for withholding has been entered under subsection (B) or, for
9 purposes of subsection (K), after the last order for support
10 was entered for which no order for withholding was entered.
11 (4) "Income" means any form of periodic payment to an
12 individual, regardless of source, including, but not limited
13 to: wages, salary, commission, compensation as an independent
14 contractor, workers' compensation, disability, annuity and
15 retirement benefits, lottery prize awards, insurance
16 proceeds, vacation pay, bonuses, profit-sharing payments and
17 any other payments, made by any person, private entity,
18 federal or state government, any unit of local government,
19 school district or any entity created by Public Act; however,
20 "income" excludes:
21 (a) any amounts required by law to be withheld,
22 other than creditor claims, including, but not limited
23 to, federal, State and local taxes, Social Security and
24 other retirement and disability contributions;
25 (b) union dues;
26 (c) any amounts exempted by the federal Consumer
27 Credit Protection Act;
28 (d) public assistance payments; and
29 (e) unemployment insurance benefits except as
30 provided by law.
31 Any other State or local laws which limit or exempt
32 income or the amount or percentage of income that can be
33 withheld shall not apply.
34 (5) "Obligor" means the individual who owes a duty to
-249- LRB9004624DJbd
1 make payments under an order for support.
2 (6) "Obligee" means the individual to whom a duty of
3 support is owed or the individual's legal representative.
4 (7) "Payor" means any payor of income to an obligor.
5 (8) "Public office" means any elected official or any
6 State or local agency which is or may become responsible by
7 law for enforcement of, or which is or may become authorized
8 to enforce, an order for support, including, but not limited
9 to: the Attorney General, the Illinois Department of Public
10 Aid, the Illinois Department of Mental Health and
11 Developmental Disabilities, the Illinois Department of
12 Children and Family Services, and the various State's
13 Attorneys, Clerks of the Circuit Court and supervisors of
14 general assistance.
15 (9) "Premium" means the dollar amount for which the
16 obligor is liable to his employer or labor union or trade
17 union and which must be paid to enroll or maintain a child in
18 a health insurance plan that is available to the obligor
19 through an employer or labor union or trade union.
20 (B) Entry of an Order for Withholding.
21 (1) Upon entry of any order for support on or after July
22 1, 1985, the court shall enter a separate order for
23 withholding which shall not take effect unless the obligor
24 becomes delinquent in paying the order for support or the
25 obligor requests an earlier effective date; except that the
26 court may require the order for withholding to take effect
27 immediately.
28 On or after January 1, 1989, the court shall require the
29 order for withholding to take effect immediately, unless a
30 written agreement is reached between and signed by both
31 parties providing for an alternative arrangement, approved
32 and entered into the record by the court, which insures
33 payment of support. In that case, the court shall enter the
34 order for withholding which will not take effect unless the
-250- LRB9004624DJbd
1 obligor becomes delinquent in paying the order for support.
2 Upon entry of any order of support on or after September
3 11, 1989, if the obligor is not a United States citizen, the
4 obligor shall provide to the court the obligor's alien
5 registration number, passport number, and home country's
6 social security or national health number, if applicable; the
7 court shall make the information part of the record in the
8 case.
9 (2) An order for withholding shall be entered upon
10 petition by the obligee or public office where an order for
11 withholding has not been previously entered.
12 (3) The order for withholding shall:
13 (a) direct any payor to withhold a dollar amount
14 equal to the order for support; and
15 (b) direct any payor to withhold an additional
16 dollar amount, not less than 20% of the order for
17 support, until payment in full of any delinquency stated
18 in the notice of delinquency provided for in subsection
19 (C) or (F) of this Section; and
20 (c) direct any payor or labor union or trade union
21 to enroll a child as a beneficiary of a health insurance
22 plan and withhold or cause to be withheld, if applicable,
23 any required premiums; and
24 (d) state the rights, remedies and duties of the
25 obligor under this Section; and
26 (e) include the obligor's Social Security Number,
27 which the obligor shall disclose to the court; and
28 (f) include the date that withholding for current
29 support terminates, which shall be the date of
30 termination of the current support obligation set forth
31 in the order for support.
32 (4) At the time the order for withholding is entered,
33 the Clerk of the Circuit Court shall provide a copy of the
34 order for withholding and the order for support to the
-251- LRB9004624DJbd
1 obligor and shall make copies available to the obligee and
2 public office. Any copy of the order for withholding
3 furnished to the parties under this subsection shall be
4 stamped "Not Valid".
5 (5) The order for withholding shall remain in effect for
6 as long as the order for support upon which it is based.
7 (6) The failure of an order for withholding to state an
8 arrearage is not conclusive of the issue of whether an
9 arrearage is owing.
10 (7) Notwithstanding the provisions of this subsection,
11 if the court finds at the time of any hearing that arrearage
12 has accrued in an amount equal to at least one month's
13 support obligation or that the obligor is 30 days late in
14 paying all or part of the order for support, the court shall
15 order immediate service of the order for withholding upon the
16 payor.
17 (8) Where the court has not required that the order for
18 withholding take effect immediately, the obligee or public
19 office may prepare and serve a notice for immediate
20 withholding upon the obligor by ordinary mail addressed to
21 the obligor at his or her last known address. The notice
22 shall state that the following circumstances have occurred:
23 (a) The parties' written agreement providing an
24 alternative arrangement to immediate withholding under
25 paragraph (1) of this subsection no longer provides for
26 timely payment of all support due; or
27 (b) The obligor has not made timely payments in
28 that the obligor has been at least 7 days late in paying
29 all or part of the order for support any of the last 6
30 consecutive dates payments were due prior to the date of
31 the notice for immediate withholding.
32 The notice for immediate withholding shall clearly state
33 that a specially certified copy of the order for withholding
34 will be sent to the payor, unless the obligor files a
-252- LRB9004624DJbd
1 petition contesting immediate withholding within 20 days
2 after service of the notice; however, the grounds for the
3 petition shall be limited to a dispute concerning whether the
4 circumstances stated in the notice have occurred or the
5 identity of the obligor. It shall not be grounds for the
6 petition that the obligor has made all payments due by the
7 date of the petition.
8 If the obligor files a petition contesting immediate
9 withholding within the 20-day period required under this
10 paragraph, the Clerk of the Circuit Court shall notify the
11 obligor and the obligee or public office, as appropriate, of
12 the time and place of the hearing on the petition. Upon
13 hearing the petition, the court shall enter an order granting
14 or denying relief. It shall not be grounds for granting the
15 obligor's petition that he or she has made all payments due
16 by the date of hearing. If the court denies the obligor's
17 petition, it shall order immediate service of the order for
18 withholding and direct the clerk to provide a specially
19 certified copy of the order for withholding to the obligee or
20 public office indicating that the requirements for immediate
21 withholding under this paragraph have been met.
22 If the obligor does not file a petition contesting
23 immediate withholding within the 20-day period, the obligee
24 or public office shall file with the Clerk of the Circuit
25 Court an affidavit, with a copy of the notice for immediate
26 withholding attached thereto, stating that the notice was
27 duly served and the date on which service was effected, and
28 that the obligor has not filed a petition contesting
29 immediate withholding. The clerk shall then provide to the
30 obligee or public office a specially certified copy of the
31 order for withholding indicating that the requirements for
32 immediate withholding under this paragraph have been met.
33 Upon receipt of a specially certified copy of the order
34 for withholding, the obligee or public office may serve the
-253- LRB9004624DJbd
1 order on the payor, its superintendent, manager or other
2 agent, by certified mail or personal delivery. A proof of
3 service shall be filed with the Clerk of the Circuit Court.
4 (C) Notice of Delinquency.
5 (1) Whenever an obligor becomes delinquent in payment of
6 an amount equal to at least one month's support obligation
7 pursuant to the order for support or is at least 30 days late
8 in complying with all or part of the order for support,
9 whichever occurs first, the obligee or public office may
10 prepare and serve a verified notice of delinquency, together
11 with a form petition to stay service, pursuant to paragraph
12 (3) of this subsection.
13 (2) The notice of delinquency shall recite the terms of
14 the order for support and contain a computation of the period
15 and total amount of the delinquency, as of the date of the
16 notice. The notice shall clearly state that it will be sent
17 to the payor, together with a specially certified copy of the
18 order for withholding, except as provided in subsection (F),
19 unless the obligor files a petition to stay service in
20 accordance with paragraph (1) of subsection (D).
21 (3) The notice of delinquency shall be served by
22 ordinary mail addressed to the obligor at his or her last
23 known address.
24 (4) The obligor may execute a written waiver of the
25 provisions of paragraphs (1) through (3) of this subsection
26 and request immediate service upon the payor.
27 (D) Procedures to Avoid Income Withholding.
28 (1) Except as provided in subsection (F), the obligor
29 may prevent an order for withholding from being served by
30 filing a petition to stay service with the Clerk of the
31 Circuit Court, within 20 days after service of the notice of
32 delinquency; however, the grounds for the petition to stay
33 service shall be limited to a dispute concerning: (a) the
-254- LRB9004624DJbd
1 amount of current support or the existence or amount of the
2 delinquency; or (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
-255- LRB9004624DJbd
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
-256- LRB9004624DJbd
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 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
-257- LRB9004624DJbd
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
-258- LRB9004624DJbd
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
-259- LRB9004624DJbd
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
-260- LRB9004624DJbd
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 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 Public Aid is no
26 longer authorized to receive payments for the obligee, it
27 shall, within 7 days, notify the payor or, where appropriate,
28 the Clerk of the Circuit Court, to redirect income
29 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.
-261- LRB9004624DJbd
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 Public Aid (before the
10 effective date of this amendatory Act of 1997) or the
11 Attorney General (on and after that date) shall design
12 suggested legal forms for proceeding under this Section and
13 shall make available to the courts such forms and
14 informational materials which describe the procedures and
15 remedies set forth herein for distribution to all parties in
16 support actions.
17 (9) At the time of transmitting each support payment,
18 the clerk of the circuit court shall provide the obligee or
19 public office, as appropriate, with any information furnished
20 by the payor as to the date income was paid from which such
21 support was withheld.
22 (J) Penalties.
23 (1) Where a payor wilfully fails to withhold or pay over
24 income pursuant to a properly served, specially certified
25 order for withholding and any notice of delinquency, or
26 wilfully discharges, disciplines, refuses to hire or
27 otherwise penalizes an obligor as prohibited by subsection
28 (G), or otherwise fails to comply with any duties imposed by
29 this Section, the obligee, public office or obligor, as
30 appropriate, may file a complaint with the court against the
31 payor. The clerk of the circuit court shall notify the
32 obligee or public office, as appropriate, and the obligor and
33 payor of the time and place of the hearing on the complaint.
34 The court shall resolve any factual dispute including, but
-262- LRB9004624DJbd
1 not limited to, a denial that the payor is paying or has paid
2 income to the obligor. Upon a finding in favor of the
3 complaining party, the court:
4 (a) shall enter judgment and order the enforcement
5 thereof for the total amount that the payor wilfully
6 failed to withhold or pay over; and
7 (b) may order employment or reinstatement of or
8 restitution to the obligor, or both, where the obligor
9 has been discharged, disciplined, denied employment or
10 otherwise penalized by the payor and may impose a fine
11 upon the payor not to exceed $200.
12 (2) Any obligee, public office or obligor who wilfully
13 initiates a false proceeding under this Section or who
14 wilfully fails to comply with the requirements of this
15 Section shall be punished as in cases of contempt of court.
16 (K) Alternative Procedures for Entry and Service of an Order
17 for Withholding.
18 (1) Effective January 1, 1987, in any matter in which an
19 order for withholding has not been entered for any reason,
20 based upon the last order for support that has been entered,
21 and in which the obligor has become delinquent in payment of
22 an amount equal to at least one month's support obligation
23 pursuant to the last order for support or is at least 30 days
24 late in complying with all or part of the order for support,
25 the obligee or public office may prepare and serve an order
26 for withholding pursuant to the procedures set forth in this
27 subsection.
28 (2) The obligee or public office shall:
29 (a) prepare a proposed order for withholding for
30 immediate service as provided by paragraphs (1) and (3)
31 of subsection (B), except that the minimum 20%
32 delinquency payment shall be used;
33 (b) prepare a notice of delinquency as provided by
34 paragraphs (1) and (2) of subsection (C), except the
-263- LRB9004624DJbd
1 notice shall state further that the order for withholding
2 has not been entered by the court and the conditions
3 under which the order will be entered; and
4 (c) serve the notice of delinquency and form
5 petition to stay service as provided by paragraph (3) of
6 subsection (C), together with the proposed order for
7 withholding, which shall be marked "COPY ONLY".
8 (3) After 20 days following service of the notice of
9 delinquency and proposed order for withholding, in lieu of
10 the provisions of subsection (E), the obligee or public
11 office shall file with the Clerk of the Circuit Court an
12 affidavit, with a copy of the notice of delinquency and
13 proposed order for withholding attached thereto, stating
14 that:
15 (a) the notice of delinquency and proposed order
16 for withholding have been served upon the obligor and the
17 date on which service was effected;
18 (b) the obligor has not filed a petition to stay
19 service within 20 days of service of such notice and
20 order; and
21 (c) the proposed order for withholding accurately
22 states the terms and amounts contained in the last order
23 for support.
24 (4) Upon the court's satisfaction that the procedures
25 set forth in this subsection have been met, it shall enter
26 the order for withholding.
27 (5) The Clerk shall then provide to the obligee or
28 public office a specially certified copy of the order for
29 withholding and the notice of delinquency indicating that the
30 preconditions for service have been met.
31 (6) The obligee or public office shall serve the
32 specially certified copies of the order for withholding and
33 the notice of delinquency on the payor, its superintendent,
34 manager or other agent by certified mail or personal
-264- LRB9004624DJbd
1 delivery. A proof of service shall be filed with the Clerk
2 of the Circuit Court.
3 (7) If the obligor requests in writing that income
4 withholding become effective prior to becoming delinquent in
5 payment of an amount equal to one month's support obligation
6 pursuant to the last order for support, or prior to becoming
7 30 days late in paying all or part of the order for support,
8 the obligee or public office shall file an affidavit with the
9 Clerk of the circuit Court, with a proposed order for
10 withholding attached, stating that the proposed order
11 accurately states the terms and amounts contained in the last
12 order for support and the obligor's request for immediate
13 service. The provisions of paragraphs (4) through (6) of
14 this subsection shall apply, except that a notice of
15 delinquency shall not be required.
16 (8) All other provisions of this Section shall be
17 applicable with respect to the provisions of this subsection
18 (K), except that under paragraph (1) of subsection (H), the
19 court may also amend the proposed order for withholding to
20 conform to the last order for support.
21 (9) Nothing in this subsection shall be construed as
22 limiting the requirements of paragraph (1) of subsection (B)
23 with respect to the entry of a separate order for withholding
24 upon entry of any order for support.
25 (L) Remedies in Addition to Other Laws.
26 (1) The rights, remedies, duties and penalties created
27 by this Section are in addition to and not in substitution
28 for any other rights, remedies, duties and penalties created
29 by any other law.
30 (2) Nothing in this Section shall be construed as
31 invalidating any assignment of wages or benefits executed
32 prior to July 1, 1985.
33 (Source: P.A. 87-529; 87-935; 87-988; 87-1105; 88-26; 88-45;
34 88-94; 88-131; 88-307; 88-670, eff. 12-2-94.)
-265- LRB9004624DJbd
1 (Text of Section after 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,
-266- LRB9004624DJbd
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 Public
23 Aid, the Illinois Department of Human Services, the Illinois
24 Department of Children and Family Services, and the various
25 State's Attorneys, Clerks of the Circuit Court and
26 supervisors of general assistance.
27 (9) "Premium" means the dollar amount for which the
28 obligor is liable to his employer or labor union or trade
29 union and which must be paid to enroll or maintain a child in
30 a health insurance plan that is available to the obligor
31 through an employer or labor union or trade union.
32 (B) Entry of an Order for Withholding.
33 (1) Upon entry of any order for support on or after July
34 1, 1985, the court shall enter a separate order for
-267- LRB9004624DJbd
1 withholding which shall not take effect unless the obligor
2 becomes delinquent in paying the order for support or the
3 obligor requests an earlier effective date; except that the
4 court may require the order for withholding to take effect
5 immediately.
6 On or after January 1, 1989, the court shall require the
7 order for withholding to take effect immediately, unless a
8 written agreement is reached between and signed by both
9 parties providing for an alternative arrangement, approved
10 and entered into the record by the court, which insures
11 payment of support. In that case, the court shall enter the
12 order for withholding which will not take effect unless the
13 obligor becomes delinquent in paying the order for support.
14 Upon entry of any order of support on or after September
15 11, 1989, if the obligor is not a United States citizen, the
16 obligor shall provide to the court the obligor's alien
17 registration number, passport number, and home country's
18 social security or national health number, if applicable; the
19 court shall make the information part of the record in the
20 case.
21 (2) An order for withholding shall be entered upon
22 petition by the obligee or public office where an order for
23 withholding has not been previously entered.
24 (3) The order for withholding shall:
25 (a) direct any payor to withhold a dollar amount
26 equal to the order for support; and
27 (b) direct any payor to withhold an additional
28 dollar amount, not less than 20% of the order for
29 support, until payment in full of any delinquency stated
30 in the notice of delinquency provided for in subsection
31 (C) or (F) of this Section; and
32 (c) direct any payor or labor union or trade union
33 to enroll a child as a beneficiary of a health insurance
34 plan and withhold or cause to be withheld, if applicable,
-268- LRB9004624DJbd
1 any required premiums; and
2 (d) state the rights, remedies and duties of the
3 obligor under this Section; and
4 (e) include the obligor's Social Security Number,
5 which the obligor shall disclose to the court; and
6 (f) include the date that withholding for current
7 support terminates, which shall be the date of
8 termination of the current support obligation set forth
9 in the order for support.
10 (4) At the time the order for withholding is entered,
11 the Clerk of the Circuit Court shall provide a copy of the
12 order for withholding and the order for support to the
13 obligor and shall make copies available to the obligee and
14 public office. Any copy of the order for withholding
15 furnished to the parties under this subsection shall be
16 stamped "Not Valid".
17 (5) The order for withholding shall remain in effect for
18 as long as the order for support upon which it is based.
19 (6) The failure of an order for withholding to state an
20 arrearage is not conclusive of the issue of whether an
21 arrearage is owing.
22 (7) Notwithstanding the provisions of this subsection,
23 if the court finds at the time of any hearing that arrearage
24 has accrued in an amount equal to at least one month's
25 support obligation or that the obligor is 30 days late in
26 paying all or part of the order for support, the court shall
27 order immediate service of the order for withholding upon the
28 payor.
29 (8) Where the court has not required that the order for
30 withholding take effect immediately, the obligee or public
31 office may prepare and serve a notice for immediate
32 withholding upon the obligor by ordinary mail addressed to
33 the obligor at his or her last known address. The notice
34 shall state that the following circumstances have occurred:
-269- LRB9004624DJbd
1 (a) The parties' written agreement providing an
2 alternative arrangement to immediate withholding under
3 paragraph (1) of this subsection no longer provides for
4 timely payment of all support due; or
5 (b) The obligor has not made timely payments in
6 that the obligor has been at least 7 days late in paying
7 all or part of the order for support any of the last 6
8 consecutive dates payments were due prior to the date of
9 the notice for immediate withholding.
10 The notice for immediate withholding shall clearly state
11 that a specially certified copy of the order for withholding
12 will be sent to the payor, unless the obligor files a
13 petition contesting immediate withholding within 20 days
14 after service of the notice; however, the grounds for the
15 petition shall be limited to a dispute concerning whether the
16 circumstances stated in the notice have occurred or the
17 identity of the obligor. It shall not be grounds for the
18 petition that the obligor has made all payments due by the
19 date of the petition.
20 If the obligor files a petition contesting immediate
21 withholding within the 20-day period required under this
22 paragraph, the Clerk of the Circuit Court shall notify the
23 obligor and the obligee or public office, as appropriate, of
24 the time and place of the hearing on the petition. Upon
25 hearing the petition, the court shall enter an order granting
26 or denying relief. It shall not be grounds for granting the
27 obligor's petition that he or she has made all payments due
28 by the date of hearing. If the court denies the obligor's
29 petition, it shall order immediate service of the order for
30 withholding and direct the clerk to provide a specially
31 certified copy of the order for withholding to the obligee or
32 public office indicating that the requirements for immediate
33 withholding under this paragraph have been met.
34 If the obligor does not file a petition contesting
-270- LRB9004624DJbd
1 immediate withholding within the 20-day period, the obligee
2 or public office shall file with the Clerk of the Circuit
3 Court an affidavit, with a copy of the notice for immediate
4 withholding attached thereto, stating that the notice was
5 duly served and the date on which service was effected, and
6 that the obligor has not filed a petition contesting
7 immediate withholding. The clerk shall then provide to the
8 obligee or public office a specially certified copy of the
9 order for withholding indicating that the requirements for
10 immediate withholding under this paragraph have been met.
11 Upon receipt of a specially certified copy of the order
12 for withholding, the obligee or public office may serve the
13 order on the payor, its superintendent, manager or other
14 agent, by certified mail or personal delivery. A proof of
15 service shall be filed with the Clerk of the Circuit Court.
16 (C) Notice of Delinquency.
17 (1) Whenever an obligor becomes delinquent in payment of
18 an amount equal to at least one month's support obligation
19 pursuant to the order for support or is at least 30 days late
20 in complying with all or part of the order for support,
21 whichever occurs first, the obligee or public office may
22 prepare and serve a verified notice of delinquency, together
23 with a form petition to stay service, pursuant to paragraph
24 (3) of this subsection.
25 (2) The notice of delinquency shall recite the terms of
26 the order for support and contain a computation of the period
27 and total amount of the delinquency, as of the date of the
28 notice. The notice shall clearly state that it will be sent
29 to the payor, together with a specially certified copy of the
30 order for withholding, except as provided in subsection (F),
31 unless the obligor files a petition to stay service in
32 accordance with paragraph (1) of subsection (D).
33 (3) The notice of delinquency shall be served by
34 ordinary mail addressed to the obligor at his or her last
-271- LRB9004624DJbd
1 known address.
2 (4) The obligor may execute a written waiver of the
3 provisions of paragraphs (1) through (3) of this subsection
4 and request immediate service upon the payor.
5 (D) Procedures to Avoid Income Withholding.
6 (1) Except as provided in subsection (F), the obligor
7 may prevent an order for withholding from being served by
8 filing a petition to stay service with the Clerk of the
9 Circuit Court, within 20 days after service of the notice of
10 delinquency; however, the grounds for the petition to stay
11 service shall be limited to a dispute concerning: (a) the
12 amount of current support or the existence or amount of the
13 delinquency; or (b) the identity of the obligor.
14 The Clerk of the Circuit Court shall notify the obligor
15 and the obligee or public office, as appropriate, of the time
16 and place of the hearing on the petition to stay service. The
17 court shall hold such hearing pursuant to the provisions of
18 subsection (H).
19 (2) Except as provided in subsection (F), filing of a
20 petition to stay service, within the 20-day period required
21 under this subsection, shall prohibit the obligee or public
22 office from serving the order for withholding on any payor of
23 the obligor.
24 (E) Initial Service of Order for Withholding.
25 (1) Except as provided in subsection (F), in order to
26 serve an order for withholding upon a payor, an obligee or
27 public office shall follow the procedures set forth in this
28 subsection. After 20 days following service of the notice of
29 delinquency, the obligee or public office shall file with the
30 Clerk of the Circuit Court an affidavit, with the copy of the
31 notice of delinquency attached thereto, stating:
32 (a) that the notice of delinquency has been duly
33 served and the date on which service was effected; and
-272- LRB9004624DJbd
1 (b) that the obligor has not filed a petition to
2 stay service, or in the alternative
3 (c) that the obligor has waived the provisions of
4 subparagraphs (a) and (b) of this paragraph (1) in
5 accordance with subsection (C)(4).
6 (2) Upon request of the obligee or public office, the
7 Clerk of the Circuit Court shall: (a) make available any
8 record of payment; and (b) determine that the file contains a
9 copy of the affidavit described in paragraph (1). The Clerk
10 shall then provide to the obligee or public office a
11 specially certified copy of the order for withholding and the
12 notice of delinquency indicating that the preconditions for
13 service have been met.
14 (3) The obligee or public office may then serve the
15 notice of delinquency and 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 (F) Subsequent Service of Order for Withholding.
20 (1) Notwithstanding the provisions of this Section, at
21 any time after the court has ordered immediate service of an
22 order for withholding or after initial service of an order
23 for withholding pursuant to subsection (E), the obligee or
24 public office may serve the order for withholding upon any
25 payor of the obligor without further notice to the obligor.
26 The obligee or public office shall provide notice to the
27 payor, pursuant to paragraph (6) of subsection (I), of any
28 payments that have been made through previous withholding or
29 any other method.
30 (2) The Clerk of the Circuit Court shall, upon request,
31 provide the obligee or public office with specially certified
32 copies of the order for withholding or the notice of
33 delinquency or both whenever the Court has ordered immediate
34 service of an order for withholding or an affidavit has been
-273- LRB9004624DJbd
1 placed in the court file indicating that the preconditions
2 for service have been previously met. The obligee or public
3 office may then serve the 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 (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
-274- LRB9004624DJbd
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 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.
-275- LRB9004624DJbd
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.
-276- LRB9004624DJbd
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
-277- LRB9004624DJbd
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 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
-278- LRB9004624DJbd
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 Public Aid is no
4 longer authorized to receive payments for the obligee, it
5 shall, within 7 days, notify the payor or, where appropriate,
6 the Clerk of the Circuit Court, to redirect income
7 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 Public Aid (before the
22 effective date of this amendatory Act of 1997) or the
23 Attorney General (on and after that date) shall design
24 suggested legal forms for proceeding under this Section and
25 shall make available to the courts such forms and
26 informational materials which describe the procedures and
27 remedies set forth herein for distribution to all parties in
28 support actions.
29 (9) At the time of transmitting each support payment,
30 the clerk of the circuit court shall provide the obligee or
31 public office, as appropriate, with any information furnished
32 by the payor as to the date income was paid from which such
33 support was withheld.
34 (J) Penalties.
-279- LRB9004624DJbd
1 (1) Where a payor wilfully fails to withhold or pay over
2 income pursuant to a properly served, specially certified
3 order for withholding and any notice of delinquency, or
4 wilfully discharges, disciplines, refuses to hire or
5 otherwise penalizes an obligor as prohibited by subsection
6 (G), or otherwise fails to comply with any duties imposed by
7 this Section, the obligee, public office or obligor, as
8 appropriate, may file a complaint with the court against the
9 payor. The clerk of the circuit court shall notify the
10 obligee or public office, as appropriate, and the obligor and
11 payor of the time and place of the hearing on the complaint.
12 The court shall resolve any factual dispute including, but
13 not limited to, a denial that the payor is paying or has paid
14 income to the obligor. Upon a finding in favor of the
15 complaining party, the court:
16 (a) shall enter judgment and order the enforcement
17 thereof for the total amount that the payor wilfully
18 failed to withhold or pay over; and
19 (b) may order employment or reinstatement of or
20 restitution to the obligor, or both, where the obligor
21 has been discharged, disciplined, denied employment or
22 otherwise penalized by the payor and may impose a fine
23 upon the payor not to exceed $200.
24 (2) Any obligee, public office or obligor who wilfully
25 initiates a false proceeding under this Section or who
26 wilfully fails to comply with the requirements of this
27 Section shall be punished as in cases of contempt of court.
28 (K) Alternative Procedures for Entry and Service of an Order
29 for Withholding.
30 (1) Effective January 1, 1987, in any matter in which an
31 order for withholding has not been entered for any reason,
32 based upon the last order for support that has been entered,
33 and in which the obligor has become delinquent in payment of
34 an amount equal to at least one month's support obligation
-280- LRB9004624DJbd
1 pursuant to the last order for support or is at least 30 days
2 late in complying with all or part of the order for support,
3 the obligee or public office may prepare and serve an order
4 for withholding pursuant to the procedures set forth in this
5 subsection.
6 (2) The obligee or public office shall:
7 (a) prepare a proposed order for withholding for
8 immediate service as provided by paragraphs (1) and (3)
9 of subsection (B), except that the minimum 20%
10 delinquency payment shall be used;
11 (b) prepare a notice of delinquency as provided by
12 paragraphs (1) and (2) of subsection (C), except the
13 notice shall state further that the order for withholding
14 has not been entered by the court and the conditions
15 under which the order will be entered; and
16 (c) serve the notice of delinquency and form
17 petition to stay service as provided by paragraph (3) of
18 subsection (C), together with the proposed order for
19 withholding, which shall be marked "COPY ONLY".
20 (3) After 20 days following service of the notice of
21 delinquency and proposed order for withholding, in lieu of
22 the provisions of subsection (E), the obligee or public
23 office shall file with the Clerk of the Circuit Court an
24 affidavit, with a copy of the notice of delinquency and
25 proposed order for withholding attached thereto, stating
26 that:
27 (a) the notice of delinquency and proposed order
28 for withholding have been served upon the obligor and the
29 date on which service was effected;
30 (b) the obligor has not filed a petition to stay
31 service within 20 days of service of such notice and
32 order; and
33 (c) the proposed order for withholding accurately
34 states the terms and amounts contained in the last order
-281- LRB9004624DJbd
1 for support.
2 (4) Upon the court's satisfaction that the procedures
3 set forth in this subsection have been met, it shall enter
4 the order for withholding.
5 (5) The Clerk shall then provide to the obligee or
6 public office a specially certified copy of the order for
7 withholding and the notice of delinquency indicating that the
8 preconditions for service have been met.
9 (6) The obligee or public office shall serve the
10 specially certified copies of the order for withholding and
11 the notice of delinquency on the payor, its superintendent,
12 manager or other agent by certified mail or personal
13 delivery. A proof of service shall be filed with the Clerk
14 of the Circuit Court.
15 (7) If the obligor requests in writing that income
16 withholding become effective prior to becoming delinquent in
17 payment of an amount equal to one month's support obligation
18 pursuant to the last order for support, or prior to becoming
19 30 days late in paying all or part of the order for support,
20 the obligee or public office shall file an affidavit with the
21 Clerk of the circuit Court, with a proposed order for
22 withholding attached, stating that the proposed order
23 accurately states the terms and amounts contained in the last
24 order for support and the obligor's request for immediate
25 service. The provisions of paragraphs (4) through (6) of
26 this subsection shall apply, except that a notice of
27 delinquency shall not be required.
28 (8) All other provisions of this Section shall be
29 applicable with respect to the provisions of this subsection
30 (K), except that under paragraph (1) of subsection (H), the
31 court may also amend the proposed order for withholding to
32 conform to the last order for support.
33 (9) Nothing in this subsection shall be construed as
34 limiting the requirements of paragraph (1) of subsection (B)
-282- LRB9004624DJbd
1 with respect to the entry of a separate order for withholding
2 upon entry of any order for support.
3 (L) Remedies in Addition to Other Laws.
4 (1) The rights, remedies, duties and penalties created
5 by this Section are in addition to and not in substitution
6 for any other rights, remedies, duties and penalties created
7 by any other law.
8 (2) Nothing in this Section shall be construed as
9 invalidating any assignment of wages or benefits executed
10 prior to July 1, 1985.
11 (Source: P.A. 88-26; 88-45; 88-94; 88-131; 88-307; 88-670,
12 eff. 12-2-94; 89-507, eff. 7-1-97.)
13 (750 ILCS 45/21) (from Ch. 40, par. 2521)
14 Sec. 21. Support payments; receiving and disbursing
15 agents.
16 (1) In an action filed in counties of less than 3
17 million population in which an order for child support is
18 entered, and in supplementary proceedings in such counties to
19 enforce or vary the terms of such order arising out of an
20 action filed in such counties, the court, except in actions
21 or supplementary proceedings in which the pregnancy and
22 delivery expenses of the mother or the child support payments
23 are for a recipient of aid under the Illinois Public Aid
24 Code, shall direct that child support payments be made to the
25 clerk of the court unless in the discretion of the court
26 exceptional circumstances warrant otherwise. In cases where
27 payment is to be made to persons other than the clerk of the
28 court the judgment or order of support shall set forth the
29 facts of the exceptional circumstances.
30 (2) In an action filed in counties of 3 million or more
31 population in which an order for child support is entered,
32 and in supplementary proceedings in such counties to enforce
33 or vary the terms of such order arising out of an action
-283- LRB9004624DJbd
1 filed date in such counties, the court, except in actions or
2 supplementary proceedings in which the pregnancy and delivery
3 expenses of the mother or the child support payments are for
4 a recipient of aid under the Illinois Public Aid Code, shall
5 direct that child support payments be made either to the
6 clerk of the court or to the Court Service Division of the
7 County Department of Public Aid, or to the clerk of the court
8 or to the Illinois Department of Public Aid, unless in the
9 discretion of the court exceptional circumstances warrant
10 otherwise. In cases where payment is to be made to persons
11 other than the clerk of the court, the Court Service Division
12 of the County Department of Public Aid, or the Illinois
13 Department of Public Aid, the judgment or order of support
14 shall set forth the facts of the exceptional circumstances.
15 (3) Where the action or supplementary proceeding is in
16 behalf of a mother for pregnancy and delivery expenses or for
17 child support, or both, and the mother, child, or both, are
18 recipients of aid under the Illinois Public Aid Code, the
19 court shall order that the payments be made directly to (a)
20 the Illinois Department of Public Aid if the mother or child,
21 or both, are recipients under Articles IV or V of the Code,
22 or (b) the local governmental unit responsible for the
23 support of the mother or child, or both, if they are
24 recipients under Articles VI or VII of the Code. In
25 accordance with federal law and regulations, the Illinois
26 Department of Public Aid may continue to collect current
27 maintenance payments or child support payments, or both,
28 after those persons cease to receive public assistance and
29 until termination of services under Article X of the Illinois
30 Public Aid Code or under Sections 7.1 through 7.250 of the
31 Attorney General Act. The Illinois Department of Public Aid
32 shall pay the net amount collected to those persons after
33 deducting any costs incurred in making the collection or any
34 collection fee from the amount of any recovery made. The
-284- LRB9004624DJbd
1 Illinois Department of Public Aid, the Attorney General, or
2 the local governmental unit, as the case may be, may direct
3 that payments be made directly to the mother of the child, or
4 to some other person or agency in the child's behalf, upon
5 the removal of the mother and child from the public aid rolls
6 or upon termination of services under Article X of the
7 Illinois Public Aid Code or under Sections 7.1 through 7.250
8 of the Attorney General Act; and upon such direction, the
9 Illinois Department or the local governmental unit, as the
10 case requires, shall give notice of such action to the court
11 in writing or by electronic transmission.
12 (4) All clerks of the court and the Court Service
13 Division of a County Department of Public Aid and the
14 Illinois Department of Public Aid, receiving child support
15 payments under paragraphs (1) or (2) shall disburse the same
16 to the person or persons entitled thereto under the terms of
17 the order. They shall establish and maintain clear and
18 current records of all moneys received and disbursed and of
19 defaults and delinquencies in required payments. The court,
20 by order or rule, shall make provision for the carrying out
21 of these duties.
22 Upon notification in writing or by electronic
23 transmission from the Illinois Department of Public Aid
24 (before the effective date of this amendatory Act of 1997) or
25 the Attorney General (on and after that date) to the clerk
26 of the court that a person who is receiving support payments
27 under this Section is receiving services under the Child
28 Support Enforcement Program established by Title IV-D of the
29 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 or the Attorney General until the Department or
33 the Attorney General gives notice to the clerk of the court
34 to cease the transmittal. After providing the notification
-285- LRB9004624DJbd
1 authorized under this paragraph, the Illinois Department of
2 Public Aid (before the effective date of this amendatory Act
3 of 1997) or the Attorney General (on and after that date)
4 shall be entitled as a party to notice of any further
5 proceedings in the case. The clerk of the court shall file a
6 copy of the Illinois Department of Public Aid's or Attorney
7 General's notification in the court file. The failure of the
8 clerk to file a copy of the notification in the court file
9 shall not, however, affect the Illinois Department of Public
10 Aid's or Attorney General's right to receive notice of
11 further proceedings.
12 Payments under this Section to the Illinois Department of
13 Public Aid or the Attorney General pursuant to the Child
14 Support Enforcement Program established by Title IV-D of the
15 Social Security Act shall be paid into the Child Support
16 Enforcement Trust Fund. All other payments under this
17 Section to the Illinois Department of Public Aid shall be
18 deposited in the Public Assistance Recoveries Trust Fund.
19 Disbursement from these funds shall be as provided in the
20 Illinois Public Aid Code. Payments received by a local
21 governmental unit shall be deposited in that unit's General
22 Assistance Fund.
23 (5) The moneys received by persons or agencies
24 designated by the court shall be disbursed by them in
25 accordance with the order. However, the court, on petition
26 of the state's attorney, may enter new orders designating the
27 clerk of the court or the Illinois Department of Public Aid,
28 as the person or agency authorized to receive and disburse
29 child support payments and, in the case of recipients of
30 public aid, the court, on petition of the Attorney General or
31 State's Attorney, shall direct subsequent payments to be paid
32 to the Illinois Department of Public Aid or to the
33 appropriate local governmental unit, as provided in paragraph
34 (3). Payments of child support by principals or sureties on
-286- LRB9004624DJbd
1 bonds, or proceeds of any sale for the enforcement of a
2 judgment shall be made to the clerk of the court, the
3 Illinois Department of Public Aid or the appropriate local
4 governmental unit, as the respective provisions of this
5 Section require.
6 (6) 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 or the
10 Attorney General, the clerk shall transmit all such payments,
11 within 4 working days of receipt, to ensure insure that funds
12 are available for immediate distribution by the Department to
13 the person or entity entitled thereto in accordance with
14 standards of the Child Support Enforcement Program
15 established under Title IV-D of the Social Security Act. The
16 clerk shall notify the Department of the date of receipt and
17 amount thereof at the time of transmittal. Where the clerk
18 has entered into an agreement of cooperation with the
19 Department to record the terms of child support orders and
20 payments made thereunder directly into the Department's
21 automated data processing system, the clerk shall account
22 for, transmit and otherwise distribute child support payments
23 in accordance with such agreement in lieu of the requirements
24 contained herein.
25 (Source: P.A. 88-687, eff. 1-24-95.)
26 (750 ILCS 45/22) (from Ch. 40, par. 2522)
27 Sec. 22. (a) In all cases instituted before the
28 effective date of this amendatory Act of 1997 by the Illinois
29 Department of Public Aid on behalf of a child or spouse,
30 other than one receiving a grant of financial aid under
31 Article IV of The Illinois Public Aid Code, on whose behalf
32 an application has been made and approved for support
33 services as provided by Section 10-1 of that Code, the court
-287- LRB9004624DJbd
1 shall impose a collection fee on the individual who owes a
2 child or spouse support obligation in an amount equal to 10%
3 of the amount so owed as long as such collection is required
4 by federal law, which fee shall be in addition to the support
5 obligation. The imposition of such fee shall be in
6 accordance with provisions of Title IV, Part D, of the Social
7 Security Act and regulations duly promulgated thereunder.
8 The fee shall be payable to the clerk of the circuit court
9 for transmittal to the Illinois Department of Public Aid and
10 shall continue until support services are terminated by that
11 Department, except as otherwise provided in this subsection.
12 If a collection fee is imposed under this subsection and
13 if, on or after the effective date of this amendatory Act of
14 1997, the child or spouse receives support services under
15 Section 7.5 of the Attorney General Act, the fee shall be
16 payable to the clerk of the circuit court for transmittal to
17 the Attorney General and shall continue until support
18 services are terminated by the Attorney General. Nothing in
19 this amendatory Act of 1997 shall be construed to affect the
20 validity of any collection fee imposed in accordance with the
21 first paragraph of this subsection.
22 (b) In all cases instituted on or after the effective
23 date of this amendatory Act of 1997 by the Attorney General
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 7.5
28 of the Attorney General Act, the court shall impose a
29 collection fee on the individual who owes a child or spouse
30 support obligation in an amount equal to 10% of the amount so
31 owed as long as such collection is required by federal law,
32 which fee shall be in addition to the support obligation.
33 The imposition of such fee shall be in accordance with
34 provisions of Title IV, Part D, of the Social Security Act
-288- LRB9004624DJbd
1 and regulations duly promulgated thereunder. The fee shall
2 be payable to the clerk of the circuit court for transmittal
3 to the Attorney General and shall continue until support
4 services are terminated by the Attorney General.
5 (Source: P.A. 83-1372.)
6 (750 ILCS 45/23) (from Ch. 40, par. 2523)
7 Sec. 23. Notice to Clerk of Circuit Court of Payment
8 Received by Illinois Department of Public Aid or Attorney
9 General for Recording. For those cases in which support is
10 payable to the clerk of the circuit court for transmittal to
11 the Illinois Department of Public Aid by order of court, and
12 the Illinois Department of Public Aid or the Attorney General
13 collects support by assignment offset, withhold, deduction or
14 other process permitted by law, the Illinois Department of
15 Public Aid or the Attorney General shall notify the clerk of
16 the date and amount of such collection. Upon notification,
17 the clerk shall record the collection on the payment record
18 for the case.
19 (Source: P.A. 83-1372.)
20 Section 95. No acceleration or delay. Where this Act
21 makes changes in a statute that is represented in this Act by
22 text that is not yet or no longer in effect (for example, a
23 Section represented by multiple versions), the use of that
24 text does not accelerate or delay the taking effect of (i)
25 the changes made by this Act or (ii) provisions derived from
26 any other Public Act.
27 Section 99. Effective date. This Act takes effect upon
28 becoming law.
-289- LRB9004624DJbd
1 INDEX
2 Statutes amended in order of appearance
3 SEE INDEX
4 15 ILCS 205/7.1 new
5 15 ILCS 205/7.5 new
6 15 ILCS 205/7.10 new
7 15 ILCS 205/7.15 new
8 15 ILCS 205/7.20 new
9 15 ILCS 205/7.25 new
10 15 ILCS 205/7.27 new
11 15 ILCS 205/7.30 new
12 15 ILCS 205/7.35 new
13 15 ILCS 205/7.40 new
14 15 ILCS 205/7.45 new
15 15 ILCS 205/7.50 new
16 15 ILCS 205/7.55 new
17 15 ILCS 205/7.60 new
18 15 ILCS 205/7.65 new
19 15 ILCS 205/7.70 new
20 15 ILCS 205/7.75 new
21 15 ILCS 205/7.80 new
22 15 ILCS 205/7.85 new
23 15 ILCS 205/7.90 new
24 15 ILCS 205/7.95 new
25 15 ILCS 205/7.100 new
26 15 ILCS 205/7.105 new
27 15 ILCS 205/7.110 new
28 15 ILCS 205/7.115 new
29 15 ILCS 205/7.120 new
30 15 ILCS 205/7.125 new
31 15 ILCS 205/7.130 new
32 15 ILCS 205/7.135 new
33 15 ILCS 205/7.140 new
34 15 ILCS 205/7.145 new
-290- LRB9004624DJbd
1 15 ILCS 205/7.150 new
2 15 ILCS 205/7.155 new
3 15 ILCS 205/7.160 new
4 15 ILCS 205/7.165 new
5 15 ILCS 205/7.170 new
6 15 ILCS 205/7.175 new
7 15 ILCS 205/7.180 new
8 15 ILCS 205/7.185 new
9 15 ILCS 205/7.190 new
10 15 ILCS 205/7.195 new
11 15 ILCS 205/7.200 new
12 15 ILCS 205/7.205 new
13 15 ILCS 205/7.210 new
14 15 ILCS 205/7.215 new
15 15 ILCS 205/7.220 new
16 15 ILCS 205/7.225 new
17 15 ILCS 205/7.230 new
18 15 ILCS 205/7.235 new
19 15 ILCS 205/7.240 new
20 15 ILCS 205/7.245 new
21 15 ILCS 205/7.250 new
22 5 ILCS 100/10-65 from Ch. 127, par. 1010-65
23 5 ILCS 220/3 from Ch. 127, par. 743
24 20 ILCS 2105/60 from Ch. 127, par. 60
25 20 ILCS 2505/39b52
26 305 ILCS 5/10-1.5 new
27 305 ILCS 5/10-21 from Ch. 23, par. 10-21
28 305 ILCS 5/12-4.31
29 305 ILCS 5/12-16 from Ch. 23, par. 12-16
30 305 ILCS 5/10-1 rep.
31 305 ILCS 5/10-2 rep.
32 305 ILCS 5/10-3 rep.
33 305 ILCS 5/10-3.1 rep.
34 305 ILCS 5/10-3.2 rep.
-291- LRB9004624DJbd
1 305 ILCS 5/10-3.3 rep.
2 305 ILCS 5/10-4 rep.
3 305 ILCS 5/10-5 rep.
4 305 ILCS 5/10-6 rep.
5 305 ILCS 5/10-7 rep.
6 305 ILCS 5/10-8 rep.
7 305 ILCS 5/10-9 rep.
8 305 ILCS 5/10-10 rep.
9 305 ILCS 5/10-10.1 rep.
10 305 ILCS 5/10-10.2 rep.
11 305 ILCS 5/10-10.3 rep.
12 305 ILCS 5/10-11 rep.
13 305 ILCS 5/10-11.1 rep.
14 305 ILCS 5/10-12 rep.
15 305 ILCS 5/10-13 rep.
16 305 ILCS 5/10-13.1 rep.
17 305 ILCS 5/10-13.2 rep.
18 305 ILCS 5/10-13.3 rep.
19 305 ILCS 5/10-13.4 rep.
20 305 ILCS 5/10-13.5 rep.
21 305 ILCS 5/10-13.6 rep.
22 305 ILCS 5/10-13.7 rep.
23 305 ILCS 5/10-13.8 rep.
24 305 ILCS 5/10-13.9 rep.
25 305 ILCS 5/10-13.10 rep.
26 305 ILCS 5/10-14 rep.
27 305 ILCS 5/10-15 rep.
28 305 ILCS 5/10-16 rep.
29 305 ILCS 5/10-16.2 rep.
30 305 ILCS 5/10-16.3 rep.
31 305 ILCS 5/10-17 rep.
32 305 ILCS 5/10-17.1 rep.
33 305 ILCS 5/10-17.2 rep.
34 305 ILCS 5/10-17.3 rep.
-292- LRB9004624DJbd
1 305 ILCS 5/10-17.4 rep.
2 305 ILCS 5/10-17.5 rep.
3 305 ILCS 5/10-17.6 rep.
4 305 ILCS 5/10-17.7 rep.
5 305 ILCS 5/10-17.8 rep.
6 305 ILCS 5/10-17.9 rep.
7 305 ILCS 5/10-18 rep.
8 305 ILCS 5/10-19 rep.
9 305 ILCS 5/10-20 rep.
10 305 ILCS 5/10-22 rep.
11 305 ILCS 5/10-23 rep.
12 305 ILCS 5/12-4.3 rep.
13 410 ILCS 535/17 from Ch. 111 1/2, par. 73-17
14 410 ILCS 535/22 from Ch. 111 1/2, par. 73-22
15 705 ILCS 205/1 from Ch. 13, par. 1
16 750 ILCS 5/505 from Ch. 40, par. 505
17 750 ILCS 5/505.1 from Ch. 40, par. 505.1
18 750 ILCS 5/507 from Ch. 40, par. 507
19 750 ILCS 5/510 from Ch. 40, par. 510
20 750 ILCS 5/516 from Ch. 40, par. 516
21 750 ILCS 5/705 from Ch. 40, par. 705
22 750 ILCS 5/706.1 from Ch. 40, par. 706.1
23 750 ILCS 5/709 from Ch. 40, par. 709
24 750 ILCS 5/712 from Ch. 40, par. 712
25 750 ILCS 15/2.1 from Ch. 40, par. 1105
26 750 ILCS 15/3 from Ch. 40, par. 1106
27 750 ILCS 15/4 from Ch. 40, par. 1107
28 750 ILCS 15/4.1 from Ch. 40, par. 1107.1
29 750 ILCS 15/11 from Ch. 40, par. 1114
30 750 ILCS 15/12 from Ch. 40, par. 1115
31 750 ILCS 20/15a from Ch. 40, par. 1215a
32 750 ILCS 20/17 from Ch. 40, par. 1217
33 750 ILCS 20/24 from Ch. 40, par. 1224
34 750 ILCS 20/24.1 from Ch. 40, par. 1224.1
-293- LRB9004624DJbd
1 750 ILCS 20/26.1 from Ch. 40, par. 1226.1
2 750 ILCS 20/29 from Ch. 40, par. 1229
3 750 ILCS 20/29A from Ch. 40, par. 1229A
4 750 ILCS 20/29B from Ch. 40, par. 1229B
5 750 ILCS 22/101
6 750 ILCS 22/310
7 750 ILCS 22/605
8 750 ILCS 25/5 from Ch. 40, par. 2705
9 750 ILCS 45/4.1
10 750 ILCS 45/5 from Ch. 40, par. 2505
11 750 ILCS 45/14 from Ch. 40, par. 2514
12 750 ILCS 45/15.1 from Ch. 40, par. 2515.1
13 750 ILCS 45/20 from Ch. 40, par. 2520
14 750 ILCS 45/21 from Ch. 40, par. 2521
15 750 ILCS 45/22 from Ch. 40, par. 2522
16 750 ILCS 45/23 from Ch. 40, par. 2523