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| [ Introduced ] | [ Senate Amendment 001 ] |
91_HB3460eng HB3460 Engrossed LRB9111394DJcd 1 AN ACT in relation to child support. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Income Withholding for Support Act is 5 amended by changing Section 20 as follows: 6 (750 ILCS 28/20) 7 Sec. 20. Entry of order for support containing income 8 withholding provisions; income withholding notice. 9 (a) In addition to any content required under other 10 laws, every order for support entered on or after July 1, 11 1997, shall do all of the following: 12 (1) Require an income withholding notice to be 13 prepared and served immediately upon any payor of the 14 obligor by the obligee or public office, unless a written 15 agreement is reached between and signed by both parties 16 providing for an alternative arrangement, approved and 17 entered into the record by the court, which ensures 18 payment of support. In that case, the order for support 19 shall provide that an income withholding notice is to be 20 prepared and served only if the obligor becomes 21 delinquent in paying the order for support.; and22 (2) Contain a dollar amount to be paid until 23 payment in full of any delinquency that accrues after 24 entry of the order for support. The amount for payment 25 of delinquency shall not be less than 20% of the total of 26 the current support amount and the amount to be paid 27 periodically for payment of any arrearage stated in the 28 order for support.; and29 (3) Include the obligor's Social Security Number, 30 which the obligor shall disclose to the court. If the 31 obligor is not a United States citizen, the obligor shall HB3460 Engrossed -2- LRB9111394DJcd 1 disclose to the court, and the court shall include in the 2 order for support, the obligor's alien registration 3 number, passport number, and home country's social 4 security or national health number, if applicable. 5 (b) At the time the order for support is entered, the 6 Clerk of the Circuit Court shall provide a copy of the order 7 to the obligor and shall make copies available to the obligee 8 and public office. 9 (c) The income withholding notice shall: 10 (1) be in the standard format prescribed by the 11 federal Department of Health and Human Services; and 12 (1.1) state the date of entry of the order for 13 support upon which the income withholding notice is 14 based; and 15 (2) direct any payor to withhold the dollar amount 16 required for current support under the order for support; 17 and 18 (3) direct any payor to withhold the dollar amount 19 required to be paid periodically under the order for 20 support for payment of the amount of any arrearage stated 21 in the order for support; and 22 (4) direct any payor or labor union or trade union 23 to enroll a child as a beneficiary of a health insurance 24 plan and withhold or cause to be withheld, if applicable, 25 any required premiums; and 26 (5) state the amount of the payor income 27 withholding fee specified under this Section; and 28 (6) state that the amount actually withheld from 29 the obligor's income for support and other purposes, 30 including the payor withholding fee specified under this 31 Section, may not be in excess of the maximum amount 32 permitted under the federal Consumer Credit Protection 33 Act; and 34 (7) state the duties of the payor and the fines and HB3460 Engrossed -3- LRB9111394DJcd 1 penalties for failure to withhold and pay over income and 2 for discharging, disciplining, refusing to hire, or 3 otherwise penalizing the obligor because of the duty to 4 withhold and pay over income under this Section; and 5 (8) state the rights, remedies, and duties of the 6 obligor under this Section; and 7 (9) include the Social Security Numbers of the 8 obligor, the obligee, and the child or children included 9 in the order for support; and 10 (10) include the date that withholding for current 11 support terminates, which shall be the date of 12 termination of the current support obligation set forth 13 in the order for support; and 14 (11) contain the signature of the obligee or the 15 printed name and telephone number of the authorized 16 representative of the public office, except that the 17 failure to contain the signature of the obligee or the 18 printed name and telephone number of the authorized 19 representative of the public office shall not affect the 20 validity of the income withholding notice; and 21 (12) direct any payor to pay over amounts withheld 22 for payment of support to the State Disbursement Unit. 23 (d) The accrual of a delinquency as a condition for 24 service of an income withholding notice, under the exception 25 to immediate withholding in subsection (a) of this Section, 26 shall apply only to the initial service of an income 27 withholding notice on a payor of the obligor. 28 (e) Notwithstanding the exception to immediate 29 withholding contained in subsection (a) of this Section, if 30 the court finds at the time of any hearing that an arrearage 31 has accrued, the court shall order immediate service of an 32 income withholding notice upon the payor. 33 (f) If the order for support, under the exception to 34 immediate withholding contained in subsection (a) of this HB3460 Engrossed -4- LRB9111394DJcd 1 Section, provides that an income withholding notice is to be 2 prepared and served only if the obligor becomes delinquent in 3 paying the order for support, the obligor may execute a 4 written waiver of that condition and request immediate 5 service on the payor. 6 (g) The obligee or public office may serve the income 7 withholding notice on the payor or its superintendent, 8 manager, or other agent by ordinary mail or certified mail 9 return receipt requested, by facsimile transmission or other 10 electronic means, by personal delivery, or by any method 11 provided by law for service of a summons. At the time of 12 service on the payor and as notice that withholding has 13 commenced, the obligee or public office shall serve a copy of 14 the income withholding notice on the obligor by ordinary mail 15 addressed to his or her last known address. A copy of the 16 income withholding notice together with proofs of service on 17 the payor and the obligor shall be filed with the Clerk of 18 the Circuit Court. 19 (h) At any time after the initial service of an income 20 withholding notice, any other payor of the obligor may be 21 served with the same income withholding notice without 22 further notice to the obligor. A copy of the income 23 withholding notice together with a proof of service on the 24 other payor shall be filed with the Clerk of the Circuit 25 Court. 26 (i) New service of an income withholding notice is not 27 required in order to resume withholding of income in the case 28 of an obligor with respect to whom an income withholding 29 notice was previously served on the payor if withholding of 30 income was terminated because of an interruption in the 31 obligor's employment of less than 180 days. 32 (Source: P.A. 90-673, eff. 1-1-99; incorporates P.A. 90-790, 33 eff. 8-14-98; 91-212, eff. 7-20-99; 91-357, eff. 7-29-99.)