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91_HB1444
LRB9103532SMcb
1 AN ACT to amend the Income Withholding for Support Act by
2 changing Section 25.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Income Withholding for Support Act is
6 amended by changing Section 25 as follows:
7 (750 ILCS 28/25)
8 Sec. 25. Income withholding after accrual of
9 delinquency.
10 (a) If Whenever an obligor accrues a delinquency, the
11 obligee or public office may prepare and serve upon the
12 obligor's payor an income withholding notice that:
13 (1) contains the information required under
14 subsection (c) of Section 20; and
15 (2) contains a computation of the period and total
16 amount of the delinquency as of the date of the notice;
17 and
18 (3) directs the payor to withhold the dollar amount
19 required to be withheld periodically under the order for
20 support for payment of the delinquency.
21 (b) The income withholding notice and the obligor's copy
22 of the income withholding notice shall be served as provided
23 in subsection (g) of Section 20.
24 (c) The obligor may contest withholding commenced under
25 this Section by filing a petition to contest withholding with
26 the Clerk of the Circuit Court within 20 days after service
27 of a copy of the income withholding notice on the obligor.
28 However, the grounds for the petition to contest withholding
29 shall be limited to:
30 (1) a dispute concerning the existence or amount of
31 the delinquency; or
-2- LRB9103532SMcb
1 (2) the identity of the obligor.
2 The Clerk of the Circuit Court shall notify the obligor
3 and the obligee or public office of the time and place of the
4 hearing on the petition to contest withholding. The court
5 shall hold the hearing pursuant to the provisions of Section
6 40.
7 (Source: P.A. 90-673, eff. 1-1-99; incorporates P.A. 90-790,
8 eff. 8-14-98; revised 9-14-98.)