Illinois General Assembly - Full Text of HB1483
Illinois General Assembly

Previous General Assemblies

Full Text of HB1483  99th General Assembly

HB1483 99TH GENERAL ASSEMBLY

  
  

 


 
99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB1483

 

Introduced 2/6/2015, by Rep. La Shawn K. Ford

 

SYNOPSIS AS INTRODUCED:
 
305 ILCS 5/10-1  from Ch. 23, par. 10-1
735 ILCS 5/12-109  from Ch. 110, par. 12-109

    Amends the Illinois Public Aid Code and the Code of Civil Procedure. Provides that upon the assignment to the Department of Healthcare and Family Services of the right to collect a child support obligation, additional interest on the amount of the obligation owed to the State ceases to accrue.


LRB099 06088 HEP 26143 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB1483LRB099 06088 HEP 26143 b

1    AN ACT concerning public aid.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Public Aid Code is amended by
5changing Section 10-1 as follows:
 
6    (305 ILCS 5/10-1)  (from Ch. 23, par. 10-1)
7    Sec. 10-1. Declaration of Public Policy - Persons Eligible
8for Child Support Enforcement Services - Fees for
9Non-Applicants and Non-Recipients.) It is the intent of this
10Code that the financial aid and social welfare services herein
11provided supplement rather than supplant the primary and
12continuing obligation of the family unit for self-support to
13the fullest extent permitted by the resources available to it.
14This primary and continuing obligation applies whether the
15family unit of parents and children or of husband and wife
16remains intact and resides in a common household or whether the
17unit has been broken by absence of one or more members of the
18unit. The obligation of the family unit is particularly
19applicable when a member is in necessitous circumstances and
20lacks the means of a livelihood compatible with health and
21well-being.
22    It is the purpose of this Article to provide for locating
23an absent parent or spouse, for determining his financial

 

 

HB1483- 2 -LRB099 06088 HEP 26143 b

1circumstances, and for enforcing his legal obligation of
2support, if he is able to furnish support, in whole or in part.
3The Department of Healthcare and Family Services shall give
4priority to establishing, enforcing and collecting the current
5support obligation, and then to past due support owed to the
6family unit, except with respect to collections effected
7through the intercept programs provided for in this Article.
8    The child support enforcement services provided hereunder
9shall be furnished dependents of an absent parent or spouse who
10are applicants for or recipients of financial aid under this
11Code. It is not, however, a condition of eligibility for
12financial aid that there be no responsible relatives who are
13reasonably able to provide support. Nor, except as provided in
14Sections 4-1.7 and 10-8, shall the existence of such relatives
15or their payment of support contributions disqualify a needy
16person for financial aid.
17    By accepting financial aid under this Code, a spouse or a
18parent or other person having custody of a child shall be
19deemed to have made assignment to the Illinois Department for
20aid under Articles III, IV, V and VII or to a local
21governmental unit for aid under Article VI of any and all
22rights, title, and interest in any support obligation,
23including statutory interest thereon, up to the amount of
24financial aid provided. The rights to support assigned to the
25Department of Healthcare and Family Services (formerly
26Illinois Department of Public Aid) or local governmental unit

 

 

HB1483- 3 -LRB099 06088 HEP 26143 b

1shall constitute an obligation owed the State or local
2governmental unit by the person who is responsible for
3providing the support, and shall be collectible under all
4applicable processes. Upon the assignment to the Department of
5Healthcare and Family Services of rights to support, additional
6interest on the amount of the obligation owed to the State
7ceases to accrue.
8    The Department of Healthcare and Family Services shall also
9furnish the child support enforcement services established
10under this Article in behalf of persons who are not applicants
11for or recipients of financial aid under this Code in
12accordance with the requirements of Title IV, Part D of the
13Social Security Act. The Department may establish a schedule of
14reasonable fees, to be paid for the services provided and may
15deduct a collection fee, not to exceed 10% of the amount
16collected, from such collection. The Department of Healthcare
17and Family Services shall cause to be published and distributed
18publications reasonably calculated to inform the public that
19individuals who are not recipients of or applicants for public
20aid under this Code are eligible for the child support
21enforcement services under this Article X. Such publications
22shall set forth an explanation, in plain language, that the
23child support enforcement services program is independent of
24any public aid program under the Code and that the receiving of
25child support enforcement services in no way implies that the
26person receiving such services is receiving public aid.

 

 

HB1483- 4 -LRB099 06088 HEP 26143 b

1(Source: P.A. 94-90, eff. 1-1-06; 95-331, eff. 8-21-07.)
 
2    Section 10. The Code of Civil Procedure is amended by
3changing Section 12-109 as follows:
 
4    (735 ILCS 5/12-109)  (from Ch. 110, par. 12-109)
5    Sec. 12-109. Interest on judgments.
6    (a) Every judgment except those arising by operation of law
7from child support orders shall bear interest thereon as
8provided in Section 2-1303.
9    (b) Except as provided in subsection (c) of this Section,
10every Every judgment arising by operation of law from a child
11support order shall bear interest as provided in this
12subsection. The interest on judgments arising by operation of
13law from child support orders shall be calculated by applying
14one-twelfth of the current statutory interest rate as provided
15in Section 2-1303 to the unpaid child support balance as of the
16end of each calendar month. The unpaid child support balance at
17the end of the month is the total amount of child support
18ordered, excluding the child support that was due for that
19month to the extent that it was not paid in that month and
20including judgments for retroactive child support, less all
21payments received and applied as set forth in this subsection.
22The accrued interest shall not be included in the unpaid child
23support balance when calculating interest at the end of the
24month. The unpaid child support balance as of the end of each

 

 

HB1483- 5 -LRB099 06088 HEP 26143 b

1month shall be determined by calculating the current monthly
2child support obligation and applying all payments received for
3that month, except federal income tax refund intercepts, first
4to the current monthly child support obligation and then
5applying any payments in excess of the current monthly child
6support obligation to the unpaid child support balance owed
7from previous months. The current monthly child support
8obligation shall be determined from the document that
9established the support obligation. Federal income tax refund
10intercepts and any payments in excess of the current monthly
11child support obligation shall be applied to the unpaid child
12support balance. Any payments in excess of the current monthly
13child support obligation and the unpaid child support balance
14shall be applied to the accrued interest on the unpaid child
15support balance. Interest on child support obligations may be
16collected by any means available under State law for the
17collection of child support judgments.
18    (c) Upon the assignment to the Department of Healthcare and
19Family Services, under Section 10-1 of the Illinois Public Aid
20Code, of the right to collect a child support obligation,
21additional interest on the amount of the obligation owed to the
22State ceases to accrue.
23(Source: P.A. 98-563, eff. 8-27-13.)