Illinois General Assembly - Full Text of HB4291
Illinois General Assembly

Previous General Assemblies

Full Text of HB4291  95th General Assembly

HB4291ham001 95TH GENERAL ASSEMBLY

Rep. Patricia Reid Lindner

Filed: 3/13/2008

 

 


 

 


 
09500HB4291ham001 LRB095 15309 DRJ 48329 a

1
AMENDMENT TO HOUSE BILL 4291

2     AMENDMENT NO. ______. Amend House Bill 4291 by replacing
3 everything after the enacting clause with the following:
 
 
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

 

 

09500HB4291ham001 - 2 - LRB095 15309 DRJ 48329 a

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.".