HB4291 95TH GENERAL ASSEMBLY

LRB095 15309 DRJ 41297 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB4291

Introduced , by Rep. Patricia Reid Lindner

SYNOPSIS AS INTRODUCED:

305 ILCS 5/10-29 new

Amends the Illinois Public Aid Code. Provides that if (i) the State Disbursement Unit collects child support from an obligor pursuant to an order for support, (ii) the obligor complies with all of the requirements of the order for support and does not incur any arrearage in the payment of child support, (iii) the child attains 18 years of age and the obligation to pay child support under the order terminates, and (iv) the State Disbursement Unit continues to collect child support from the obligor after the child attains 18 years of age and the obligation to pay child support under the order terminates, then the State Disbursement Unit must refund to the obligor all amounts of child support collected from the obligor after the obligation to pay child support under the order terminated. Provides that the State Disbursement Unit must make the refund to the obligor within 60 days after the State Disbursement Unit learns of the wrongful collection of child support from the obligor. Provides that if the State Disbursement Unit does not make a refund to an obligor as required, then the obligor may file a petition in the Court of Claims for the amount due.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning public aid.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Public Aid Code is amended by adding Section 10-29 as follows:

(305 ILCS 5/10-29 new)

Sec. 10-29. Child's majority; refund of support overpayment.

(a) In this Section, "order for support" and "obligor" mean those terms as defined in the Income Withholding for Support Act, except that "order for support" does not mean an order providing for spousal maintenance under which there is no child support obligation.

(b) If (i) the State Disbursement Unit collects child support from an obligor pursuant to an order for support, (ii) the obligor complies with all of the requirements of the order for support and does not incur any arrearage in the payment of child support, (iii) the child attains 18 years of age and the obligation to pay child support under the order terminates, and (iv) the State Disbursement Unit continues to collect child support from the obligor after the child attains 18 years of age and the obligation to pay child support under the order terminates, then the State Disbursement Unit must refund to the obligor all amounts of child support collected from the obligor after the obligation to pay child support under the order terminated. The State Disbursement Unit must make the refund to the obligor within 60 days after the State Disbursement Unit learns of the wrongful collection of child support from the obligor.

(c) If the State Disbursement Unit does not make a refund to an obligor as required under subsection (b), then the obligor may file a petition in the Court of Claims for the amount due.