Full Text of SB0420 99th General Assembly
SB0420eng 99TH GENERAL ASSEMBLY |
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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 10-10.4 as follows:
| 6 | | (305 ILCS 5/10-10.4)
| 7 | | Sec. 10-10.4. Payment of Support to State Disbursement | 8 | | Unit.
| 9 | | (a) As used in this Section:
| 10 | | "Order for support", "obligor", "obligee", and
and "payor" | 11 | | mean those terms as
defined in the Income Withholding for | 12 | | Support Act, except that "order for
support" shall not mean | 13 | | orders providing for spousal maintenance under which
there is | 14 | | no child support obligation. | 15 | | (b) Notwithstanding any other provision of this Code to the | 16 | | contrary, each
court or administrative order for support | 17 | | entered or modified on or after
October 1, 1999 shall require | 18 | | that support payments be made to the State
Disbursement Unit | 19 | | established under Section 10-26 if:
| 20 | | (1) a party to the order is receiving child support
| 21 | | enforcement services
under this Article X; or
| 22 | | (2) no party to the order is receiving child support
| 23 | | enforcement services,
but the support payments are made |
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| 1 | | through income withholding.
| 2 | | (c) Support payments shall be made
to the State | 3 | | Disbursement Unit if:
| 4 | | (1) the order for support was entered before October 1, | 5 | | 1999, and a party
to the order is receiving child support | 6 | | enforcement services
under this Article X; or
| 7 | | (2) no party to the order is receiving child support | 8 | | enforcement services, and the support
payments are being | 9 | | made through income withholding.
| 10 | | (c-5) If no party to the order is receiving child support
| 11 | | enforcement services under this Article X, and the support | 12 | | payments are not
being made
through income withholding, then | 13 | | support payments shall be made as directed in
the order for | 14 | | support.
| 15 | | (c-10) At any time, and notwithstanding the existence of an | 16 | | order
directing payments
to be made elsewhere, the Department | 17 | | of Healthcare and Family Services may provide notice to the
| 18 | | obligor and, where applicable, to the obligor's payor:
| 19 | | (1) to make support payments to the State Disbursement | 20 | | Unit if:
| 21 | | (A) a party to the order for support is receiving | 22 | | child support
enforcement services under this Article | 23 | | X; or
| 24 | | (B) no party to the order for support is receiving | 25 | | child support
enforcement services under this Article | 26 | | X, but the support payments are
made through income |
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| 1 | | withholding; or
| 2 | | (2) to make support payments to the State Disbursement | 3 | | Unit of another
state upon request of another state's Title | 4 | | IV-D child support enforcement
agency, in accordance with | 5 | | the requirements of Title IV, Part D of the Social
Security | 6 | | Act and regulations promulgated under that Part D.
| 7 | | (c-15) Within 15 days after the effective date of this | 8 | | amendatory Act of the
91st General Assembly, the clerk of the | 9 | | circuit court shall provide written
notice to the obligor to | 10 | | make payments
directly to the clerk of the circuit court if no | 11 | | party to the order is
receiving child
support enforcement | 12 | | services under this Article X, the support payments are
not | 13 | | made
through income withholding, and the order for support | 14 | | requires support payments
to
be made
directly to the clerk of | 15 | | the
circuit court.
| 16 | | (c-20) If the State Disbursement Unit receives a support | 17 | | payment that was
not
appropriately made to the Unit under this | 18 | | Section, the Unit shall immediately
return the
payment to the | 19 | | sender, including, if possible, instructions detailing where | 20 | | to
send the support payments.
| 21 | | (d) The notices under subsections (c-10) and
(c-15) may be | 22 | | sent by ordinary
mail, certified mail, return receipt | 23 | | requested, facsimile transmission, or
other electronic | 24 | | process, or may be served upon the obligor or payor using any
| 25 | | method provided by law for service of a summons. A copy of the | 26 | | notice shall be
provided to the obligee and, when the order for |
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| 1 | | support
was entered by the court, to the clerk of the court.
| 2 | | (Source: P.A. 95-331, eff. 8-21-07.)
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