Rep. Patricia Reid Lindner
Filed: 3/13/2008
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1 | AMENDMENT TO HOUSE BILL 4291
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2 | AMENDMENT NO. ______. Amend House Bill 4291 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Public Aid Code is amended by | ||||||
5 | adding Section 10-29 as follows: | ||||||
6 | (305 ILCS 5/10-29 new) | ||||||
7 | Sec. 10-29. Child's majority; refund of support | ||||||
8 | overpayment. | ||||||
9 | (a) In this Section, "order for support" and "obligor" mean | ||||||
10 | those terms as
defined in the Income Withholding for Support | ||||||
11 | Act, except that "order for
support" does not mean an order | ||||||
12 | providing for spousal maintenance under which
there is no child | ||||||
13 | support obligation. | ||||||
14 | (b) If (i) the Department of Healthcare and Family Services | ||||||
15 | collects child support from an obligor pursuant to an order for |
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1 | support, (ii) the obligor complies with all of the requirements | ||||||
2 | of the order for support and does not incur any arrearage in | ||||||
3 | the payment of child support, (iii) the child attains 18 years | ||||||
4 | of age or graduates from high school and the obligation to pay | ||||||
5 | child support under the order terminates, (iv) the Department | ||||||
6 | of Healthcare and Family Services continues to collect child | ||||||
7 | support from the obligor after the child attains 18 years of | ||||||
8 | age or graduates from high school and the obligation to pay | ||||||
9 | child support under the order has terminated and no arrearage | ||||||
10 | exists, and (v) the Department of Healthcare and Family | ||||||
11 | Services learns of the possible wrongful collection of child | ||||||
12 | support, then the Department shall conduct an investigation to | ||||||
13 | determine whether such a wrongful collection occurred and, if | ||||||
14 | it determines that such a wrongful collection occurred and was | ||||||
15 | the fault of the Department, then the Department must refund to | ||||||
16 | the obligor all amounts of child support collected from the | ||||||
17 | obligor after the obligation to pay child support under the | ||||||
18 | order terminated. The Department must make the refund to the | ||||||
19 | obligor within 60 days after the Department determines that the | ||||||
20 | wrongful collection of child support occurred. ".
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