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: |
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305 ILCS 5/10-1 | from Ch. 23, par. 10-1 |
735 ILCS 5/12-109 | from Ch. 110, par. 12-109 |
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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.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning public aid.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Public Aid Code is amended by | 5 | | changing 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 | 8 | | for Child Support
Enforcement Services - Fees for | 9 | | Non-Applicants and
Non-Recipients.) It is the intent of this | 10 | | Code that the financial aid
and social welfare services herein | 11 | | provided supplement rather than
supplant the primary and | 12 | | continuing obligation of the family unit for
self-support to | 13 | | the fullest extent permitted by the resources available
to it. | 14 | | This primary and continuing obligation applies whether the | 15 | | family
unit of parents and children or of husband and wife | 16 | | remains intact and
resides in a common household or whether the | 17 | | unit has been broken by
absence of one or more members of the | 18 | | unit. The obligation of the
family unit is particularly | 19 | | applicable when a member is in necessitous
circumstances and | 20 | | lacks the means of a livelihood compatible with health
and | 21 | | well-being.
| 22 | | It is the purpose of this Article to provide for locating | 23 | | an absent
parent or spouse, for determining his financial |
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| 1 | | circumstances, and for
enforcing his legal obligation of | 2 | | support, if he is able to furnish
support, in whole or in part. | 3 | | The Department of Healthcare and Family Services shall give
| 4 | | priority to establishing, enforcing
and collecting the current | 5 | | support obligation, and then to past due support
owed to the | 6 | | family unit, except with respect to collections effected
| 7 | | through the intercept programs provided for in this Article.
| 8 | | The child support enforcement services provided hereunder
| 9 | | shall be
furnished dependents of an absent parent or spouse who | 10 | | are applicants
for or recipients of financial aid under this | 11 | | Code. It is not,
however, a condition of eligibility for | 12 | | financial aid that there be no
responsible relatives who are | 13 | | reasonably able to provide support. Nor,
except as provided in | 14 | | Sections 4-1.7 and 10-8, shall the existence of
such relatives | 15 | | or their payment of support contributions disqualify a
needy | 16 | | person for financial aid.
| 17 | | By accepting financial aid under this Code, a spouse or a | 18 | | parent or
other person having custody of a child shall be | 19 | | deemed to have made
assignment to the Illinois Department for | 20 | | aid under Articles III, IV,
V and VII or to a local | 21 | | governmental unit for aid under Article VI of
any and all | 22 | | rights, title, and interest in any support obligation, | 23 | | including statutory interest thereon, up to
the amount of | 24 | | financial aid provided. The rights to support assigned to
the | 25 | | Department of Healthcare and Family Services (formerly
| 26 | | Illinois Department of Public Aid) or local governmental unit |
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| 1 | | shall
constitute an
obligation owed the State or local | 2 | | governmental unit by the person who
is responsible for | 3 | | providing the support, and shall be collectible under
all | 4 | | applicable processes. Upon the assignment to the Department of | 5 | | Healthcare and Family Services of rights to support, additional | 6 | | interest on the amount of the obligation owed to the State | 7 | | ceases to accrue.
| 8 | | The Department of Healthcare and Family Services shall also | 9 | | furnish the child support enforcement services established | 10 | | under this Article in
behalf of persons who
are not applicants | 11 | | for or recipients of financial aid
under this Code in | 12 | | accordance with the requirements of Title IV, Part D of the
| 13 | | Social Security Act. The Department may
establish a schedule of | 14 | | reasonable fees, to be paid for the services
provided and may | 15 | | deduct a collection fee, not to exceed 10% of the amount
| 16 | | collected, from such collection.
The
Department of Healthcare | 17 | | and Family Services shall cause to be published and
distributed | 18 | | publications
reasonably calculated to inform the public that | 19 | | individuals who are not
recipients of or applicants for public | 20 | | aid under this Code are eligible
for the child support | 21 | | enforcement services under this
Article X. Such
publications
| 22 | | shall set forth an explanation, in plain language, that the | 23 | | child
support enforcement services program is independent of | 24 | | any public
aid program under the Code and that the receiving of | 25 | | child
support
enforcement services in no way implies that the | 26 | | person
receiving such services is receiving
public aid.
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| 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 | 3 | | changing 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 | 7 | | from child support orders shall bear interest
thereon as | 8 | | provided in Section 2-1303. | 9 | | (b) Except as provided in subsection (c) of this Section, | 10 | | every Every judgment arising by
operation of law from a child | 11 | | support order shall bear interest as provided
in this | 12 | | subsection. The interest on judgments arising by operation of | 13 | | law from child support orders shall be calculated by applying | 14 | | one-twelfth of the current statutory interest rate as provided | 15 | | in Section 2-1303 to the unpaid child support balance as of the | 16 | | end of each calendar month. The unpaid child support balance at | 17 | | the end of the month is the total amount of child support | 18 | | ordered, excluding the child support that was due for that | 19 | | month to the extent that it was not paid in that month and | 20 | | including judgments for retroactive child support, less all | 21 | | payments received and applied as set forth in this subsection. | 22 | | The accrued interest shall not be included in the unpaid child | 23 | | support balance when calculating interest at the end of the | 24 | | month. The unpaid child support balance as of the end of each |
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| 1 | | month shall be determined by calculating the current monthly | 2 | | child support obligation and applying all payments received for | 3 | | that month, except federal income tax refund intercepts, first | 4 | | to the current monthly child support obligation and then | 5 | | applying any payments in excess of the current monthly child | 6 | | support obligation to the unpaid child support balance owed | 7 | | from previous months. The current monthly child support | 8 | | obligation shall be determined from the document that | 9 | | established the support obligation. Federal income tax refund | 10 | | intercepts and any payments in excess of the current monthly | 11 | | child support obligation shall be applied to the unpaid child | 12 | | support balance. Any payments in excess of the current monthly | 13 | | child support obligation and the unpaid child support balance | 14 | | shall be applied to the accrued interest on the unpaid child | 15 | | support balance. Interest on child support obligations may be | 16 | | collected by any means available under State law for the | 17 | | collection of child support judgments. | 18 | | (c) Upon the assignment to the Department of Healthcare and | 19 | | Family Services, under Section 10-1 of the Illinois Public Aid | 20 | | Code, of the right to collect a child support obligation, | 21 | | additional interest on the amount of the obligation owed to the | 22 | | State ceases to accrue.
| 23 | | (Source: P.A. 98-563, eff. 8-27-13.)
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