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

 

 

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1support was entered by the court, to the clerk of the court.
2(Source: P.A. 95-331, eff. 8-21-07.)