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750 ILCS 22/320
(750 ILCS 22/320)
Sec. 320. Payment of Support to State Disbursement Unit.
(a) As used in this Section:
"Order for support", "obligor", "obligee", and "payor" mean those terms as
defined in the Income Withholding for Support Act,
except that "order for
support" means an order entered by any tribunal of this State but shall not
mean orders providing for spousal maintenance under which
there is no child support obligation.
(b) Notwithstanding any other provision of this Act to the contrary, each
order
for
support entered or modified on or after October 1, 1999 shall require that
support
payments be made to the State Disbursement Unit established under Section 10-26
of the
Illinois Public Aid Code if:
(1) a party to the order is receiving child support | | enforcement services under Article X of the Illinois Public Aid Code; or
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(2) no party to the order is receiving child support
| | enforcement services, but the support payments are made through income withholding.
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(c) Support payments shall be made to the State
Disbursement Unit if:
(1) the order for support was entered before October
| | 1, 1999, and a party to the order is receiving child support enforcement services under Article X of the Illinois Public Aid Code; or
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(2) no party to the order is receiving child support
| | enforcement services, and the support payments are being made through income withholding.
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(c-5) If no party to the order is receiving child support
enforcement services under Article X of the Illinois Public Aid Code, and
the support
payments are not made through income withholding, then support payments shall
be made as directed by the order for support.
(c-10) At any time, and notwithstanding the existence of an order
directing payments
to be made elsewhere, the Department of Healthcare and Family Services may provide notice to the
obligor and, where applicable, to the obligor's payor:
(1) to make support payments to the State
| |
(A) a party to the order for support is receiving
| | child support enforcement services under Article X of the Illinois Public Aid Code; or
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(B) no party to the order for support is
| | receiving child support enforcement services under Article X of the Illinois Public Aid Code, but the support payments are made through income withholding; or
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(2) to make support payments to the State
| | Disbursement Unit of another state upon request of another state's Title IV-D child support enforcement agency, in accordance with the requirements of Title IV, Part D of the Social Security Act and regulations promulgated under that Part D.
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The Department of Healthcare and Family Services
shall provide a copy of the notice to the
obligee
and to the clerk of the circuit court.
(c-15) Within 15 days after the effective date of this amendatory Act of the
91st General
Assembly, the clerk of the circuit court shall provide written notice to the
obligor to
make payments
directly to the clerk of the circuit court if no party to the order is
receiving child
support enforcement services under Article X of the Illinois Public Aid
Code, the support
payments are not made through income withholding, and the order for
support requires support payments to be made directly to the clerk of the
circuit court. The clerk shall provide a copy of the notice to the
obligee.
(c-20) If the State Disbursement Unit receives a support payment that was
not
appropriately
made to the Unit under this Section, the Unit shall immediately return the
payment to the sender, including, if possible, instructions detailing where to
send the support payments.
(d) The notices under subsections (c-10) and
(c-15) may be sent by ordinary mail,
certified mail, return receipt requested, facsimile transmission, or other
electronic process, or may be served upon the obligor or payor using any method
provided by law for service of a summons.
(Source: P.A. 95-331, eff. 8-21-07.)
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