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(750 ILCS 28/40)
Sec. 40.
Petitions to contest withholding or to
modify, suspend, terminate, or correct income withholding notices.
(a) When an obligor files a petition to contest withholding,
the court, after due notice to all parties, shall hear the matter as soon
as practicable and shall enter an order granting or denying relief, ordering
service of an amended income withholding notice, where
applicable, or otherwise resolving the matter.
The court shall deny the obligor's petition if the court finds that
when
the income
withholding notice was mailed, sent by facsimile transmission or other
electronic
means, or placed for personal delivery to or service on the payor:
(1) a delinquency existed; or
(2) the parties' written agreement providing an |
| alternative arrangement to immediate withholding under subsection (a) of Section 20 no longer ensured payment of support.
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(b) At any time, an obligor, obligee, public office or Clerk of the
Circuit Court may petition the court to:
(1) modify, suspend or terminate the income
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| withholding notice because of a modification, suspension or termination of the underlying order for support; or
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(2) modify the amount of income to be withheld to
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| reflect payment in full or in part of the delinquency or arrearage by income withholding or otherwise; or
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(3) suspend the income withholding notice because of
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| inability to deliver income withheld to the obligee due to the obligee's failure to provide a mailing address or other means of delivery.
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(c) At any time an obligor may petition the court to correct a term
contained
in an
income withholding notice to conform to that stated in the underlying order for
support
for:
(1) the amount of current support;
(2) the amount of the arrearage;
(3) the periodic amount for payment of the arrearage;
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(4) the periodic amount for payment of the
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(d) The obligor, obligee or public office shall serve on the
payor,
in the manner provided for service of income withholding notices in
subsection (g) of Section 20, a copy of any order entered
pursuant
to this Section that affects the duties of the payor.
(e) At any time, a public office or Clerk of the Circuit Court
may serve
a notice on the payor to:
(1) cease withholding of income for payment of
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| current support for a child when the support obligation for that child has automatically ceased under the order for support through emancipation or otherwise; or
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(2) cease withholding of income for payment of
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| delinquency or arrearage when the delinquency or arrearage has been paid in full.
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(f) The notice provided for under subsection (e) of
this Section shall be
served on the payor
in the manner provided for service of income withholding notices in subsection
(g) of Section 20, and a copy shall be provided to the
obligor and the obligee.
(g) The income withholding notice shall
continue to be binding upon the payor
until service of an amended income withholding notice or any order of the
court or notice entered or provided for under
this Section.
(Source: P.A. 90-673, eff. 1-1-99.)
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